HomeMy WebLinkAbout12-10-2019 Community Police Review BoardMEMORANDUM
COMMUNITY POLICE REVIEW BOARD
A Board of the City of Iowa City
DATE: December 5, 2019
TO: CPRB Members
FROM: Chris Olney
RE: Board Packet for meeting on Tuesday, December 10, 2019
Enclosed please find the following documents for your review and comment at the next board meeting:
• Agenda for 12/10/19
• Minutes of the meeting on 11/12/19
• ICPD General Order 89-02 (Department Disciplinary Philosophy)
• Copy of Council approved CPRB by-laws
• Office Contacts — November 2019
• Complaint Deadline
AGENDA
COMMUNITY POLICE REVIEW BOARD
Tuesday, December 10, 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 11/12/19
• ICPD General Order 89-02 (Department Disciplinary Philosophy)
ITEM NO. 3 NEW BUSINESS
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
• January 14, 2020, 5:30 PM, Helling Conference Rm
• February 11, 2020, 5:30 PM, Helling Conference Rm
• March 10, 2020, 5:30 PM, Helling Conference Rm
• April 14, 2020, 5:30 PM, Helling Conference Rm
ITEM NO. 10 ADJOURNMENT
If you will need disability -related accommodations in order to participate in this program/event, please contact
Chris Olney at 319-356-5043, christine-olney@iowa-clty.org. Early requests are strongly encouraged to allow
sufficient time to meet your access needs.
COMMUNITY POLICE REVIEW BOARD
MINUTES — November 12, 2019
CALL TO ORDER: Chair Galpin called the meeting to order at 5:35 p.m.
MEMBERS PRESENT: Latisha McDaniel (5:38), David Selmer (Electronically), Orville Townsend
MEMBERS ABSENT: Sam Conaway
STAFF PRESENT: Staff Chris Olney, Legal Counsel Patrick Ford
STAFF ABSENT: None
OTHERS PRESENT: Iowa City Police Chief Jody Matherly
RECOMMENDATIONS TO COUNCIL
(1) Accept CPRB #19-02.
CONSENT CALENDAR
Motion by Townsend, seconded by Selmer, to adopt the consent calendar as presented or amended.
Minutes of the meeting on 10/08/19
ICPD General Orders 99-05 (Use of Force)
Motion carried, 310, Conaway and McDaniel absent.
NEW BUSINESS
None.
OLD BUSINESS
None.
PUBLIC DISCUSSION
None.
BOARD INFORMATION
Galpin suggested Community Outreach Assistant Daisy Torres be an option for a presentation at the
spring community forum. Olney stated the forum will be on the January agenda and could be discussed
again at that time.
STAFF INFORMATION
None.
EXECUTIVE SESSION
Motion by Townsend, seconded by Selmer 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
CPRB
November 12, 2019
w
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, Conaway absent. Open session adjourned at 5:39 P.M.
REGULAR SESSION
Returned to open session at 5:49 P.M.
Motion by Galpin, seconded by Selmer to accept the CPRB report on Complaint #19-02 and forward to
City Council as presented.
Motion Carried, 4/0, Conaway absent.
Motion by Townsend, seconded by McDaniel to set the level of review for CPRB Complaint
#19-03 to 8-8-7(B)(1)(a) On the record with no additional investigation.
Motion Carried, 4/0, Conaway absent.
Motion by McDaniel, seconded by Townsend to set the level of review for CPRB Complaint
#19-04 to 8-8-7(B)(1)(a) On the record with no additional investigation.
Motion Carried, 4/0, Conaway absent.
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subiect to change)
• December 10, 2019, 5:30 PM, Helling Conference Rm
• January 14, 2020, 5:30 p.m. Helling Conference Rm
• February 11, 2020, 5:30 p.m. Helling Conference Rm
• March 10, 2020, 55:30 p.m. Helling Conference Rm
ADJOURNMENT
Motion for adjournment by Townsend, seconded by McDaniel.
Motion carried, 4/0, Conaway absent.
Meeting adjourned at 5:51 P.M.
COMMUNITY POLICE REVIEW BOARD
ATTENDANCE RECORD
YEAR 2018-2019
(MeetinQ Date)
12/11/18
118119
2/20119
311L19
419119
4119119
5114119
6111119
7111/19
8/13119
9/10119
9124119
to/8p9
11/12/19
NAME
'No
QUORUM
Donald
X
X
X
X
X
X
X
X
King
Monique
Galpin
X
X
X
X
X
X
X
X
X
X
X
X
X
Orville
Townsend
X
X
X
X
X
X
X
X
X
X
X
X
X
Latisha
McDaniel
X
X
-
O
X
T
X
X
X
X
O
X
X
X
X
David
Selmer
O
X
O
X
X
X
X
X
O
X
X
X
X
Sam
Conaway
X
X
X
X
O/E
KEY: X = Present
O = Absent
O/E = AbsentlExcused
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
November 12, 2019
To: City Council
Complainant
City Manager
Equity Director
Chief of Police
Officer(s) involved in complaint
From: Community Police Review Board
Re: Investigation of CPRB Complaint #19-02
This is the Report of the Community Police Review Board's (the "Board") review of the investigation of
Complaint CPRB #19-02.
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 investigator
(Iowa City Code Section 8-8-7(A).)
2. When the Board receives the Police Chiefs report, the Board must select one 0t2tpr 7df the —
following levels of review, in accordance with Iowa City Code Section 8-8-7(B)(�t-x.
a. On the record with no additional investigation.:
b. Interview /meet with complainant.
c. Interview /meet with named officers) and other officers. .p,q
d. Request additional investigation by the police chief, or request police assistanceriri 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)(5).)
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 June 4, 2019. 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 issued a letter to the Board stating that "the complainant does not have standing to file the
complaint with the CPRB." Citing to Code Section 8-8-3(B) of the Iowa City Code, the Chief further
stated in the letter that "no additional investigation will occur at this time."
The Board examined the complaint and the letter issued by the Chief. On August 14, 2019, and voted to give
the complaint additional review. The Board determined to apply the following Level of Review for the
complaint:
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) and Performance by
Board of its own additional investigation, pursuant to Iowa City Code Section 8-8-7(BX1)(e).
On August 15, the Board issued a letter to the Chief requesting the following information pertaining to the
incident of the complaint:
1. A copy of the video(audio of the incident;
2. A copy of the officer's report of the incident; and,
3. A copy of the incident report of the incident.
The Board further received and reviewed a Report of Inquiry that was provided by the Chief but was not
requested specifically. �}
Finally, the Board reviewed a letter from the complainant, in which she also atta*d asopy of a letter
from the Chief, addressed to her, dated July 10, 2019.
The Board met to consider the complaint on July 11, August 13, September 24 ,�:etob er 8 and.-,
November 12, 2019.
Prior to the September 24, 2019 meeting, the Board received and reviewed allco
the requested
materials, including a video with over one hour of audio and video of the incident. rl.11
FINDINGS OF FACT
On May 7, 2019, Officers of the Iowa City Police Department were requested to assist the Johnson
County Sheriff's Department with taking an individual to the University of Iowa Hospital pursuant to a
Civil Commitment Order. The Order was issued by a judge upon the individual, upon finding probably
cause that the individual has a serious mental impairment and is likely to injure himself or others if
allowed to remain at liberty.
Ascertained from the reports is that one of the Iowa City police officers whom is implicated in the
complaint, is trained in crisis intervention, called "CIT." CIT is a program to help guide interactions
between law enforcement and those living with a mental illness.
The video recording from one of the implicated officer's body camera showed the officer communicating
with a deputy of the Johnson County Sheriffs Department outside the home of the individual to be
committed. The officer and Deputy knocked on the door to the residence and announced their
presence and intentions, and asked the individual to come to the door to discuss further. The officer
and deputy were calm and polite in their requests. The individual to be committed was home and
conversed with the officer and deputy from inside the door. The individual to be committed refused the
officers' despite their repeated requests for approximately twenty minutes. Towards the end of the
exchange the officer can be heard in the video informing the individual that they "do not want to break
down the door, but will have to if the individual does not come to the door." The individual can be heard
in the video giving the following response: "I'm not coming. Break it. I'm a law abiding, you're harassing
me, I'm not going." On other occasions he responded saying he "doesn't care" if they break the door.
After the approximately 20 minutes, one of the officers implicated in the complaint called two
supervisors and briefed them on the incident and the refusal to open the door by the individual to be
committed. It is understood from the video evidence that the supervisors approved the officers to
breach the door. The officers then used breaching tools and pried the door open. Another officer from
the Iowa City Police Department arrived on the scene.
Upon entering the residence, the officers explained their presence and intentions to the individual who
was sitting on a chair with his guitar. They negotiated with the individual so that the deputy was able to
take the individual into custody without any physical altercation despite the individual's verbal abuse he
displayed to the officers on several occasions.
Throughout the entire incident, the two Iowa City police officers and the Sheriffs Deputy were all calm,
respectful, and patient in all their interactions with the individual. The video reflects that all officers on
the scene were careful not to break any of the individual's items that were scattered aroQdd the room.
The officers also allowed the individual to collect and bring personal items with hip3 so th�R he would
have them at the hospital. When the individual escalated the situation with variouVTOrbigass6uhs, the
officers repeatedly de-escalated the situation with their patience and response. ite rdii the'dpbr,
specifically, before leaving the scene the officers took efforts to secure the door. eyindividua did not
have a house key to secure the house with the deadbolt, so instead a makeshift repair ta,e dqr was
made by the officers.
There is nothing in the documents reviewed to suggest that the complainant has arty personal
knowledge of the incident of the complaint as defined by Section 8-8-3(B) of the Iowa Cityr-,code: "In
order to have 'personal knowledge,' the complainant must have been directly involved in the incident or
witnessed the incident."
ALLEGATION 1 — Use of excessive force in entering a residence to serve a civil commitment
order on the individual subject of the order.
The Board has elected not to determine this incident based on the procedural grounds of whether or
not the complainant has standing as the Chief did in his letter, but rather on the merits. Upon careful
review of the record, there is no evidence to sustain this allegation.
Board's Findings: Allegation 1 - Not sustained
Chiefs Report Findings: Allegation 1 — Complainant lacked standing for lack of personal knowledge
ALLEGATION 2 — Use of excessive force and/or improper procedure in assisting with the
transport of an individual that is the subject of a Civil Commitment Order.
The Board has elected not to determine this incident based on the procedural grounds of whether or
not the complainant has standing as the Chief did in his letter, but rather on the merits. Upon careful
review of the record, there is no evidence to sustain this allegation.
Board's Findings: Allegation 2 — Not Sustained
Chiefs Report Findings: Allegation 2 - Complainant lacked standing for lack of personal knowledge.
Due to the procedures, the Board was originally presented only with a copy of the Complaint and the
Chiefs letter indicating that the Complainant had no personal knowledge of the allegations and that no
additional investigation will occur at this time. This put the Board in the position of having to set a level
of review without information the Board felt was sufficient to make such a definitive determination on
the outcome of the claim, as lack of standing.
The Board elected to investigate further, as outlined above. Rather than determine this matter on the
legal aspect of "standing," after reviewing with legal counsel, the Board determined it would be wiser, in
this instance, to determine this Complaint based on the merits. We believe this action to be more
aligned with the service of the Board; to provide substantive reviews of possible officer misconduct.
-d C)
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.A.
I1 ' A '
Date of Issue General Order Number
January 11, 2001 89-02
Effective Date Section Code
December 5, 2019 PER-01
Reevaluation Date Amends
December 2022 89-02: Effective July 18, 1989
C.A.L.E.A.
26.1.2, 26.1.4, 26.1.5, 26.1.6, 26.1.7, 26.1.8
INDEX AS:
Disciplinary Philosophy
•f7
Z71
rD
,I
t.I!
Positive Discipline Internal Investigation -?
Negative Discipline
I. PURPOSE
The purpose of this order is to state formally the Department Philosophy of discipline
and to establish the policies and procedures for using training and counseling as
methods of positive discipline and to set out the forms of punitive disciplinary options
used by the Iowa City Police Department.
II. POLICY
It is the policy of the Iowa City Police Department to develop positive disciplinary
procedures so as to minimize the necessity of negative, punitive disciplinary actions.
The primary methods used in positive discipline may include supervisory coaching,
training, tangible and intangible rewards and supervisory counseling.
PER-01.2
111. DEFINITIONS
POSITIVE DISCIPLINE - are those types of discipline which develop in the member the
same objectives as those in the organization.
A. This discipline can be developed by effectively training and counseling the
employee.
1. Training
2. Counseling
NEGATIVE DISCIPLINE - form of punishment or chastisement.
A. When positive methods fail or are inappropriate to achieve conformity, then
negative disciplinary action must follow to preserve the integrity of the
organization.
B. Non - Punitive actions:
1. written warning
2. written reprimand - minor
C. Punitive actions:
1. written reprimand - major
2. suspension
3. demotion
4. termination
IV. PROCEDURES
DEPARTMENT DISCIPLINARY PHILOSOPHY
One of the primary tasks of a supervisor is the maintenance of discipline.iscipfine
may be positive or negative. It may involve a range of responses �ncluding
encouragement, training, counseling, or the imposition of punitive sanctiorrs. ` iscipiine
has as its immediate purpose the channeling of individual effort iq§,'-:effe`etive and
productive action.
The exercise of positive discipline requires foresight and planning rather` th" mere
reaction. Positive discipline requires an assessment of actual performance and
performance capabilities, which when combined with proper training, recognition, and
positive rewards, may result in effective contributions to the organization.
Employees who violate their oath and trust by committing an offense punishable under
the laws or statues of the United States, the State of Iowa, or the Ordinances of the City
of Iowa City, or who violate any provision of the Rules and Regulations of the Iowa City
Police Department, or knowingly disobey any lawful order, or are incompetent to
perform their duties are subject to appropriate disciplinary action.
Each employee will have access to a copy of the Department Rules and Regulations
and are expected to have an understanding of them. The Rules and Regulations will be
housed at specified locations in the police department as well as electronically in
conjunction with the departmental Policy and Procedures manual.
The Iowa City Police Department expects a high level of professional conduct from
members, both sworn and civilian. However, members of the Department often perform
their duties in a manner exceeding departmental standards. Official commendation of
PER-01.3
such performance is provided by the Department to give full recognition to those who
have brought distinction to themselves and the Department. The awards and standard
for measure for exemplary performance are as follows;
COMMENDATIONS
A. Commendation of Valor
1. For an act involving extreme bravery, heroism or outstanding action while
facing great personal danger.
2. This award may be given posthumously to any department member
whose life is given in the performance of their duty and circumstances
indicate that an act of valor was performed.
3. The award for this category will consist of a Medal of Valor and a 'red,
white & blue" award bar.
B. Commendation of Distinguished Service
1. For an act involving significant bravery, heroism or action while facing
personal danger.
2. The award for this category will consist of a Medal of Distinguished
Service and a 'red & white" award bar.
C. Commendation of Life Saving
1. For an act involving rescue or attempts to rescue any person from medical
emergency, trauma, or other life threatening peril. The act must be
exemplary and situation unique.
2. The award for this category will consist of a Medal of Life Saving and a
"blue & white" award bar.
y3
D. Special Commendation
1. For an extraordinary act of service representing the department 6 which
selfless conduct during a time of crisis or emergency is derrronstj�, ted.
2. The award for this category will consist of a certificate and-A5.%lue" awai=d
bar.
The subsequent awarding of any of the above awards to the same individual wilGpesult
in an additional medal/certificate being presented with a corresponding award bar
displaying the number of times the person has received the commendation.
E. Letter of Commendation
1. For an act or performance deserving recognition which goes beyond the
normal expectations of duty
2. The award for this category will consist of a letter or certificate.
AWARDS
These awards are open to any sworn officer of the Iowa City Police Department.
Nominations must be made in writing during the month of November each year
explaining why the officer is being nominated.
A. Officer of the Year Award
On an annual basis, this award may be given to an officer who most
significantly demonstrates work and behavioral ethics that mirror our oath of
honor and exemplify a positive image of the Iowa City Police Department as
well as the community. This award recipient will be chosen by Command
Staff. Criteria for selection will be;
1. professionalism
2. sustained work ethic
3. personal conduct ethic
4. demonstrated leadership
5. vision
6. communication
7. compassion
The officer selected for this award will be given a plaque along with a "gold"
award bar.
B. Richard Lee Award
On an annual basis, this award may be given to an officer in recognition of
outstanding sustained efforts over the last year which positively impagtd the
community through a program or activity. This award recipient will b66hosen
by the officers of the Department after nominations have been-receiviii The
criteria for selection will be;
1. professionalism -- .-,
2. compassion for citizens & other officers
3. unique & effective ways of accomplishing objectives a'
4. specific action/program exemplifying
The officer selected for this award will have their name inscribed on the
Department plaque along with being given a "silver" award bar.
C. Heart of a Servant Award
The Heart of a Servant is awarded to an officer(s) or employee of the Iowa
City Police Department whose actions, or series of actions, convey the truest
display of a servant's heart. The articulable actions demonstrate
selflessness, going above and beyond that which would normally be
expected in the performance of their duty. Actions which are considered for
this award would be those that contribute to better Police/citizen relations,
the welfare and care of the community, or service to the peace officer family
in Iowa City. Nominations for this award are accepted by the Chaplains
�r�
year round as situations that demonstrate the Heart of a Servant arise.
Any employee of the police department may nominate another for a
commendation or award. Written documentation is to be forwarded through
the chain of command to the Chief of Police. For integrity of the system, the
Chief may appoint a supervisor(s) to conduct an inquiry to verify the facts of
the nominated act with the final decision as to the validity and degree of the
commendation/award being made by the Chief of Police
When the "Class A" dress uniform is worn, awarded medals will be worn on the right
breast pocket flap and award bars will be worn directly above the name tag. Medal of
Valor recipients have the option of wearing the medal on a long ribbon around their
neck. Award bars may also be worn on the normal duty uniform, but not medals.
Documentation for all nominations and awarding of commendations or awards will be
placed in the employees personnel file. Employees may also have a "Report of
Inquiry/Incident Form" denoting exemplary service submitted by a supervisor or letters
of appreciation from outside the department placed in their personnel file.
TRAINING IN THE DISCIPLINARY PROCESS
A. Discipline may take the form of training or experience that corrects, molds,
strengthens or perfects. Such discipline allows for a professionally oriented
department.
1. Training should take place in recruit school; recruit field training' in-service
training, advanced training, and remedial training.
a. The training process should be designed to reinforce desirable
behavior patterns and to call attention to noticeable actions which are
deemed undesirable.
b. A well -disciplined department is a well -trained department. 'f
2. The supervisor, by his/her actions, sets the example for em.plo,"es to
follow. A good example is necessary if positive disciplip4.is to work.
Primary responsibility for maintaining the appropriate level of ttisci*' a lies
with the first line supervisor.
B. Officer's acts, which are committed because he/she either mfsun*tood
procedures or was never made aware of the correct action, are indicaQrs of
training needs.
1. These needs may be corrected by remedial training programs.
a. Remedial training is personalized training to correct a specific
deficiency which is usually identified by testing, evaluation during
training, or by a supervisor evaluating an employee during routine job
performance, or by acts requiring disciplinary actions.
2. A review of Internal Investigations should analyze information to
determine possible training needs by identifying undesirable behavior
trends of those individuals.
3. Training may be used as part of the department's disciplinary system by
itself, or in conjunction with other disciplinary procedures as determined
by the Chief of Police.
PER-01.6
4. An employee may be assigned to remedial training based on the results
of an Internal Affairs Investigation or by the Chief of Police as a positive
measure to correct a deficiency.
5. In a non -disciplinary action, an employee may be assigned to remedial
training if his supervisor, through the division commander, recommends
the process to correct a lack of skill, knowledge, or abilities to perform
their assigned tasks properly.
6. Upon completion of a remedial training program participants shall be
evaluated to determine whether or not existing deficiencies were
alleviated. Results of the evaluation shall be forwarded through the chain
of command to the Chief of Police.
COUNSELING IN THE DISCIPLINARY PROCESS
Counseling is assisting employees in the process of problem solving. It may be
corrective or preventive in nature. Counseling as a component of the disciplinary
system, may be employed by itself or in conjunction with one or more of the
components of the disciplinary system. Counseling may focus on:
A. the necessity for a person to change an existing behavior, or deficient work
method.
B. the necessity for a person to alter behavior in preparation to be considered for
additional responsibilities;
C. a disciplinary problem which may be handled in a positive manner by itself, or
in conjunction with other disciplinary measures.
The following criteria should exist for using counseling:
A. There must exist a reasonable belief that the employee has an existing
problem or is experiencing difficulty in understanding, adjusting to, or
internalizing matters which:
1. Are job related, pertaining to assigned tasks 4,3
2. Involve personnel policies pertaining to departmental policies'
3. Involve interpersonal relationships with co-workers = }`
4. Involve personal matters which are affecting the emj7Coyes work
performance.
B. The process may be based on the results of an Internal Affairs -Investigation
concerning a disciplinary matter, by recommending counseling ror the
employee to the Chief of Police, as a positive measure to correct a deficiency.
C. Factors must be present which indicate the employee's problem is having a
detrimental effect on work performance.
D. There must be a reason to believe that counseling may assist the employee
in a supportive way or otherwise have a positive impact on work performance.
The following procedures should be followed for using counseling as a function of
discipline:
A. The employee or their immediate supervisor may initiate the counseling
process;
B. The initial counseling effort shall be intended to find a remedy or, if not
possible, to route the counseling process to one of the following as
appropriate: watch commander, division commander or outside professional
counseling service;
ITSIMM
C. Counseling sessions shall be documented either on the department's Report
of Inquiry / Incident form or the supervisor's own documentation system.
TYPES OF COUNSELING APPROACHES
Directive Approach -
A. Counselor determines items to be discussed and solutions desired.
B. Counselor controls and directs course of conversation.
C. Used as a means of disciplining an employee, or providing specific
information, amplifying, clarifying the nature of the infraction and the
appropriate behavior desired.
Non -Directive Approach
A. Employee does most of the talking, says what's on their mind. (conversation
not steered by counselor)
B. Counselor helps employee examine facts.
C. Counselor helps employee think through the situation, choose alternatives
and solve the problem.
D. Used most for problem solving instead of discipline.
If internal counseling is not an appropriate remedy to the problem, then the employee
may be referred to an outside counseling service, or other appropriate sources.
NON -PUNITIVE ACTION
Non -Punitive actions constitute a part of the Department's disciplinary system. Non -
punitive action includes:
A. Written warning ( may be in conjunction with other disciplinary action)
B. Written reprimand -minor (may be in conjunction with other disciplin4y,action)
PUNITIVE ACTION"' =+
Punitive actions constitute a part of the Department's disciplinary sXsttn. `,Punitive
actions include:'
A. Written reprimand -major (may be in conjunction with other discipti6aToction)
B. Suspension (may be in conjunction with other disciplinary actidh};
C. Demotion (may be in conjunction with other disciplinary action)' _
D. Dismissal r•
WRITTEN WARNINGS
Written warnings may be made for actions contrary to the rules and regulations or the
policies and procedures of the Iowa City Police Department. A written warning may be
initiated by the employee's supervisor. Written warnings shall be documented on the
departmental Report of Inquiry / Incident Form.
WRITTEN REPRIMAND
A written reprimand may be initiated by the employee's supervisor and may be applied
to any infraction of policies, Rules and Regulations, for procedural errors, or any
infraction of other written directives. The written reprimand shall follow the chain of
command with the Chief of Police maintaining final authority. Written reprimands shall
be documented on a departmental Report of Inquiry / Incident form and forwarded to the
employee's personnel file in the Human Resources Department. Upon forwarding of the
PER-01.8
form, the Chief of Police will designate on the form whether the written reprimand is for
a minor or major infraction.
SUSPENSION
When the infraction is of such a nature that a written warning or written reprimand is
inappropriate, the Chief of Police may suspend an employee. The employee shall be
given written notice of the suspension and the reason(s) for the suspension.
A. Any supervisor may impose a fully paid emergency Administrative Leave of
Absence on a member or employee when it appears necessary to preserve
the efficient and safe operation of the Department. The supervisor shall
promptly notify the Commanding Officer, Field Operations, who shall promptly
notify the Chief of Police.
1. Any person so relieved of duty shall be instructed to report to the Office of
the Chief of Police at 9:00 a.m. on the next business day, unless
otherwise instructed.
a. The supervisor imposing or recommending the Administrative Leave of
Absence will report at the same time.
B. Being relieved of duty does not constitute a suspension, demotion, or
dismissal, nor shall the employee lose any pay or benefits for the time he/she
was relieved on an Administrative Leave of Absence.
With proper cause, the Chief of Police may order an employee demoted. An employee
may also be demoted due to lack of work, prudent business reasons, a series of
violations, or one very serious violation. The employee shall be given notice in writing
of the demotion and the reasons for the demotion.
DISMISSAL -
Dismissal may occur after progressive discipline has been taken and thete:is no -change
in the employee's performance or behavior, or when an act is of a seri , s-natiire. Any
employee whose conduct results in dismissal shall be provided the following':;"
A. A statement citing the reason for dismissal.
B. The effective date of the dismissal
C. A statement of the status of fringe and retirement benefits after dismissal.
D. A statement as to the content of the employee's employment record dating
to the dismissal.
E. A statement indicating the steps and time frame in which appeals need to be
made in accordance with the grievance process and appeals pursuant to the
civil service process.
APPEAL OF DISCIPLINARY ACTION
All appeals of disciplinary actions administered to non -sworn employees will follow the
grievance procedures established within existing labor contracts and agreements.
Iowa Code Chapter 400.20 is as follows:
The suspension, demotion, or discharge of a person holding civil service rights may be
appealed to the civil service commission within fourteen calendar days after the
suspension, demotion, or discharge.
U4.95 .
The grievance process shall be initiated within the time frame spelled out the existing
labor contracts.
SUPERVISORS ROLE IN THE DISCIPLINARY PROCESS
Supervisors are responsible for the performance, conduct, and adherence to
departmental directives and policies and procedures of their subordinates. Supervisors
are the initiators of the disciplinary process and should use their knowledge of
supervision, subordinates, and knowledge of the infraction and its circumstances to
recommend corrective action.
Any supervisor may initiate a written warning or reprimand. Written reprimands may be
initiated by any supervisor but must be passed upward along the chain of command. A
copy of all Report of Inquiry / Incident Form shall be forwarded to the Commanding
Officer Field Operations. Suspensions, demotions, and dismissal may only be
administered by the Chief of Police or designee. The Chief of Police retains final
authority in all disciplinary matters.
ANNUAL REVIEW OF DISCIPLINARY CASES
A. The Commanding Officer, Field Operations will submit an annual report to the
Chief of Police after reviewing all departmental disciplinary cases: Tbel review
will be conducted to determine the need for modifications `jn.-the following
areas:
1) training
2) change in policy, procedure, or Rules and Regulations ry
3) adequacy of supervision
4) need for inspection or other controls
B. During the review process, the Commanding Officer, Field Operations will
analyze all formal citizen complaints. This report will be used in the
development of departmental goals in preparation for the annual planning and
departmental budget process.
MAINTENANCE OF DISCIPLINARY RECORDS
All written records of the administration of disciplinary actions above a written warning
shall be maintained in the employee's personnel file.
Jody Matherly, Chief of Police
PER-01.10
This directive is for departmental use only and does not apply in any criminal or civil
proceeding. The department policy should not be construed as a creation of higher
legal standard of safety or care in an evidentiary sense with respect to third -party
claims. Violations of this directive will only form the basis for departmental
administrative sanctions.
REDLINE VERSION
Red highlights are deletions
Green highlights are additions
Date of Issue General Order Number
January 11, 2001 89-02
Effective Date Section Code
December 5, 2019 PER-01
Reevaluation Date Amends
December 2022 89-02: Effective July 18 1989
C.A.L.E.A.
26.1.2, 26.1.4, 26.1.5, 26.1.6, 26.1.7, 26.1.8
INDEX AS: -
Disciplinary Philosophy Negative Discipline
Positive Discipline Internal Investigation
a!
I. PURPOSE
The purpose of this order is to state formally the Department Philosophy of discipline
and to establish the policies and procedures for using training and counseling as
methods of positive discipline and to set out the forms of punitive disciplinary options
used by the Iowa City Police Department.
II. POLICY
It is the policy of the Iowa City Police Department to develop positive disciplinary
procedures so as to minimize the necessity of negative, punitive disciplinary actions.
The primary methods used in positive discipline may include supervisory coaching,
training, tangible and intangible rewards and supervisory counseling.
III. DEFINITIONS
POSITIVE DISCIPLINE - are those types of discipline which develop in the member the
same objectives as those in the organization.
A. This discipline can be developed by effectively training and counseling the
employee.
1. Training
2. Counseling
NEGATIVE DISCIPLINE - form of punishment or chastisement.
A. When positive methods fail or are inappropriate to achieve conformity, then
negative disciplinary action must follow to preserve the integrity of the
organization.
B. Non - Punitive actions:
1. written warning
2. written reprimand - minor
C. Punitive actions:
1. written reprimand - major
2. suspension
3. demotion
4. termination
IV. PROCEDURES
DEPARTMENT DISCIPLINARY PHILOSOPHY
One of the primary tasks of a supervisor is the maintenance of discipline. rbiscipline
may be positive or negative. It may involve a range of responses 'including
encouragement, training, counseling, or the imposition of punitive sancfidns. Piscipline
has as its immediate purpose the channeling of individual effort iriti�effective and
productive action.
The exercise of positive discipline requires foresight and planning rather than mere
reaction. Positive discipline requires an assessment of actual performance and
performance capabilities, which when combined with proper training, recognition, and
positive rewards, may result in effective contributions to the organization.
Employees who violate their oath and trust by committing an offense punishable under
the laws or statues of the United States, the State of Iowa, or the Ordinances of the City
of Iowa City, or who violate any provision of the Rules and Regulations of the Iowa City
Police Department, or knowingly disobey any lawful order, or are incompetent to
perform their duties are subject to appropriate disciplinary action.
Each employee will have access to a copy of the Department Rules and Regulations
and are expected to have an understanding of them. The Rules and Regulations will be
housed at specified locations in the police department as well as electronically in
conjunction with the departmental Policy and Procedures manual.
The Iowa City Police Department expects a high level of professional conduct from
members, both sworn and civilian. However, members of the Department often perform
their duties in a manner exceeding departmental standards. Official commendation of
PER-01.3
such performance is provided by the Department to give full recognition to those who
have brought distinction to themselves and the Department. The awards and standard
for measure for exemplary performance are as follows;
COMMENDATIONS
A. Commendation of Valor
1. For an act involving extreme bravery, heroism or outstanding action while
facing great personal danger.
2. This award may be given posthumously to any department member
whose life is given in the performance of their duty and circumstances
indicate that an act of valor was performed.
3. The award for this category will consist of a Medal of Valor and a 'red,
white & blue" award bar.
B. Commendation of Distinguished Service
1. For an act involving significant bravery, heroism or action while facing
personal danger.
2. The award for this category will consist of a Medal of Distinguished
Service and a 'red & white" award bar.
C. Commendation of Life Saving
1. For an act involving rescue or attempts to rescue any person from' iiedical
emergency, trauma, or other life threatening peril. The act mast b& )
exemplaryand situation unique.
2. The award for this category will consist of a Medal of Life Savin' ar4,a
"blue & white" award bar.
D. Special Commendation
1. For an extraordinary act of service representing the department in which
selfless conduct during a time of crisis or emergency is demonstrated.
2. The award for this category will consist of a certificate and a "blue" award
bar.
The subsequent awarding of any of the above awards to the same individual will result
in an additional medal/certificate being presented with a corresponding award bar
displaying the number of times the person has received the commendation.
E. Letter of Commendation
1. For an act or- deserving recognition which goes beyond the
normal expectations of duty
2. The award for this category will consist of a � certificate.
Letter of ce
1. For anc emolls ng exemplary professi
2_ The award for this category will _
PER-01.4
These awards are open to any sworn officer of the Iowa City Police Department.
Nominations must be made in writing during the month of November each year
explaining why the officer is being nominated.
On an annual basis, this award may be given to an officer who most
significantly demonstrates work and behavioral ethics that mirror our oath of
honor and exemplify a positive image of the Iowa City Police Department as
well as the community. This award recipient will be chosen by Command
Staff. Criteria for selection will be;
1. professionalism
2. sustained work ethic
3. personal conduct ethic
4. demonstrated leadership
5. vision
6. communication
7. compassion
The officer selected for this award will be given a plaque along with a'`gold"
award bar.
B. Richard Lee Award
On an annual basis, this award may be given to an officer in recaggnitiot of
outstanding sustained efforts over the last year which positiveli irjapac- the
community through a program or activity. This award recipient Will be4osen
by the officers of the Department after nominations have been received.' The
criteria for selection will be;
1. professionalism
2. compassion for citizens & other officers
3. unique & effective ways of accomplishing objectives
4. specific action/program exemplifying
The officer selected for this award will have their name inscribed on the
Department plaque along with being given a "silver" award bar.
C. Heart of a Servant Award
The Heart of a Servant is awarded to an officer(s) or employee of the Iowa
City Police Department whose actions, or series of actions, convey the truest
display of a servant's heart. The articulable actions demonstrate
selflessness, going above and beyond that which would normally be
expected in the performance of their duty. Actions which are considered for
[TW�'14.3
this award would be those that contribute to better Police/citizen relations,
the welfare and care of the community, or service to the peace officer family
in Iowa City. Nominations for this award are accepted by the Chaplains
year round as situations that demonstrate the Heart of a Servant arise.
Any employee of the police department may nominate another for a
commendation or award. Written documentation is to be forwarded through
the chain of command to the Chief of Police. For integrity of the system, the
Chief may appoint a supervisor(s) to conduct an inquiry to verify the facts of
the nominated act with the final decision as to the validity and degree of the
commendation/award being made by the Chief of Police
When the "Class A" dress uniform is worn, awarded medals will be worn on the right
breast pocket flap and award bars will be worn directly above the name tag. Medal of
Valor recipients have the option of wearing the medal on a long ribbon around their
neck. Award bars may also be worn on the normal duty uniform, but not medals.
Documentation for all nominations and awarding of commendations or awards will be
placed in the employees personnel file. Employees may also have a "Report of
Inquiry/Incident Form" denoting exemplary service submitted by a supervisor or letters
of appreciation from outside the department placed in their personnel file.
TRAINING IN THE DISCIPLINARY PROCESS
A. Discipline may take the form of training or experience that gotrects„~molds,
strengthens or perfects. Such discipline allows for a profess"__ Ily`griented
department.
1. Training should take place in recruit school; recruit field traittinb' in-service
training, advanced training, and remedial training.
a. The training process should be designed to reinforce' desirable
behavior patterns and to call attention to noticeable actions which are
deemed undesirable.
b. A well -disciplined department is a well -trained department.
2. The supervisor, by his/her actions, sets the example for employees to
follow. A good example is necessary if positive discipline is to work.
Primary responsibility for maintaining the appropriate level of discipline lies
with the first line supervisor.
B. Officer's acts, which are committed because he/she either misunderstood
procedures or was never made aware of the correct action, are indicators of
training needs.
1. These needs may be corrected by remedial training programs.
a. Remedial training is personalized training to correct a specific
deficiency which is usually identified by testing, evaluation during
training, or by a supervisor evaluating an employee during routine job
performance, or by acts requiring disciplinary actions.
2. A review of Internal Investigations should analyze information to
determine possible training needs by identifying undesirable behavior
trends of those individuals.
PER-01.6
3. Training may be used as part of the department's disciplinary system by
itself, or in conjunction with other disciplinary procedures as determined
by the Chief of Police.
4. An employee may be assigned to remedial training based on the results
of an Internal Affairs Investigation or by the Chief of Police as a positive
measure to correct a deficiency.
5. In a non -disciplinary action, an employee may be assigned to remedial
training if his supervisor, through the division commander, recommends
the process to correct a lack of skill, knowledge, or abilities to perform
their assigned tasks properly.
6. Upon completion of a remedial training program participants shall be
evaluated to determine whether or not existing deficiencies were
alleviated. Results of the evaluation shall be forwarded through the chain
of command to the Chief of Police.
COUNSELING IN THE DISCIPLINARY PROCESS
Counseling is assisting employees in the process of problem solving. It may be
corrective or preventive in nature. Counseling as a component of the disciplinary
system, may be employed by itself or in conjunction with one or more of the
components of the disciplinary system. Counseling may focus on:
A. the necessity for a person to change an existing behavior, or deficient work
method.
B. the necessity for a person to alter behavior in preparation to tie considered for
additional responsibilities; "71
C. a disciplinary problem which may be handled in a positive manner: by)itself, or
in conjunction with other disciplinary measures.
The following criteria should exist for using counseling: -
A. There must exist a reasonable belief that the employee has an existing
problem or is experiencing difficulty in understanding, adjusting' -"to, or
internalizing matters which:
1. Are job related, pertaining to assigned tasks
2. Involve personnel policies pertaining to departmental policies
3. Involve interpersonal relationships with co-workers
4. Involve personal matters which are affecting the employees work
performance.
B. The process may be based on the results of an Internal Affairs Investigation
concerning a disciplinary matter, by recommending counseling for the
employee to the Chief of Police, as a positive measure to correct a deficiency.
C. Factors must be present which indicate the employee's problem is having a
detrimental effect on work performance.
D. There must be a reason to believe that counseling may assist the employee
in a supportive way or otherwise have a positive impact on work performance.
The following procedures should be followed for using counseling as a function of
discipline:
A. The employee or their immediate supervisor may initiate the counseling
process;
WMIZZYM
B. The initial counseling effort shall be intended to find a remedy or, if not
possible, to route the counseling process to one of the following as
appropriate: watch commander, division commander or outside professional
counseling service;
C. Counseling sessions shall be documented either on the department's Report
of Inquiry / Incident form or the supervisor's own documentation system.
TYPES OF COUNSELING APPROACHES
Directive Approach -
A. Counselor determines items to be discussed and solutions desired.
B. Counselor controls and directs course of conversation.
C. Used as a means of disciplining an employee, or providing specific
information, amplifying, clarifying the nature of the infraction and the
appropriate behavior desired.
Non -Directive Approach
A. Employee does most of the talking, says what's on their mind. (conversation
not steered by counselor)
B. Counselor helps employee examine facts.
C. Counselor helps employee think through the situation, choose alternatives
and solve the problem.
D. Used most for problem solving instead of discipline.
If internal counseling is not an appropriate remedy to the problem, then the employee
may be referred to an outside counseling service, or other appropriate ources',i
NON -PUNITIVE ACTION
Non -Punitive actions constitute a part of the Department's disciplinary' -system. INbn-
punitive action includes: —
A. Written warning ( may be in conjunction with other disciplinary action)'
B. Written reprimand -minor (may be in conjunction with other disciplinary action)
PUNITIVE ACTION
Punitive actions constitute a part of the Department's disciplinary system. Punitive
actions include:
A. Written reprimand -major (may be in conjunction with other disciplinary action)
B. Suspension (may be in conjunction with other disciplinary action)
C. Demotion (may be in conjunction with other disciplinary action)
D. Dismissal
WRITTEN WARNINGS
Written warnings may be made for actions contrary to the rules and regulations or the
policies and procedures of the Iowa City Police Department. A written warning may be
initiated by the employee's supervisor. Written warnings shall be documented on the
departmental Report of Inquiry / Incident Form.
WRITTEN REPRIMAND
A written reprimand may be initiated by the employee's supervisor and may be applied
to any infraction of policies, Rules and Regulations, for procedural errors, or any
PER-01.8
infraction of other written directives. The written reprimand shall follow the chain of
command with the Chief of Police maintaining final authority. Written reprimands shall
be documented on a departmental Report of Inquiry / Incident form and forwarded to the
employee's personnel file in the Human Resources Department. Upon forwarding of the
form, the Chief of Police will designate on the form whether the written reprimand is for
a minor or major infraction.
SUSPENSION
When the infraction is of such a nature that a written warning or written reprimand is
inappropriate, the Chief of Police may suspend an employee. The employee shall be
given written notice of the suspension and the reason(s) for the suspension.
A. Any supervisor may impose a fully paid emergency Administrative Leave of
Absence on a member or employee when it appears necessary to preserve
the efficient and safe operation of the Department. The supervisor shall
promptly notify the Commanding Officer, Field Operations, who shall promptly
notify the Chief of Police.
1. Any person so relieved of duty shall be instructed to report to the Office of
the Chief of Police at 9:00 a.m. on the next business day, unless
otherwise instructed.
a. The supervisor imposing or recommending the Administrative Leave of
Absence will report at the same time.
B. Being relieved of duty does not constitute a suspension, demotion, or
dismissal, nor shall the employee lose any pay or benefits for the time he/she
was relieved on an Administrative Leave of Absence.
DEMOTION
With proper cause, the Chief of Police may order an employee demoted; ,,An mployee
may also be demoted due to lack of work, prudent business reasprra a',s'eries-of
violations, or one very serious violation. The employee shall be giverx-natice in writing
of the demotion and the reasons for the demotion.
DISMISSAL
Dismissal may occur after progressive discipline has been taken and there is ne,>change
in the employee's performance or behavior, or when an act is of a serious nature. Any
employee whose conduct results in dismissal shall be provided the following:
A. A statement citing the reason for dismissal.
B. The effective date of the dismissal.
C. A statement of the status of fringe and retirement benefits after dismissal.
D. A statement as to the content of the employee's employment record relating
to the dismissal.
E. A statement indicating the steps and time frame in which appeals need to be
made in accordance with the grievance process and appeals pursuant to the
civil service process.
APPEAL OF DISCIPLINARY ACTION
All appeals of disciplinary actions administered to non -sworn employees will follow the
grievance procedures established within existing labor contracts and agreements.
Iowa Code Chapter 400.20 is as follows:
W4 1 ,
The suspension, demotion, or discharge of a person holding civil service rights may be
appealed to the civil service commission within fourteen calendar days after the
suspension, demotion, or discharge.
The grievance process shall be initiated within the time frame spelled out the existing
labor contracts.
SUPERVISORS ROLE IN THE DISCIPLINARY PROCESS
Supervisors are responsible for the performance, conduct, and adherence to
departmental directives and policies and procedures of their subordinates. Supervisors
are the initiators of the disciplinary process and should use their knowledge of
supervision, subordinates, and knowledge of the infraction and its circumstances to
recommend corrective action.
Any supervisor may initiate a written warning or reprimand. Written reprimands may be
initiated by any supervisor but must be passed upward along the chain of command. A
copy of all Report of Inquiry / Incident Form shall be forwarded to the Commanding
Officer Field Operations. Suspensions, demotions, and dismissal may only be
administered by the Chief of Police or designee. The Chief of Police retains final
authority in all disciplinary matters.
ANNUAL REVIEW OF DISCIPLINARY CASES
A. The Commanding Officer, Field Operations will submit an annua
Chief of Police after reviewing all departmental disciplinary case
s
change in policy, procedure, or Rules and Regulations
adequacy of supervision
need for inspection or other controls ='
c.
B. During the review process, the Commanding Officer, Field Operi0ons will
analyze all formal citizen complaints. This report will be used in the
development of departmental goals in preparation for the annual planning and
departmental budget process.
MAINTENANCE OF DISCIPLINARY RECORDS
All written records of the administration of disciplinary actions above a written warning
shall be maintained in the employee's personnel file.
Jody Matherly, Chief of Police
PER-01.10
NUUMTL
This directive is for departmental use only and does not apply in any criminal or civil
proceeding. The department policy should not be construed as a creation of higher
legal standard of safety or care in an evidentiary sense with respect to third -party
claims. Violations of this directive will only form the basis for departmental
administrative sanctions.
to -
C.
F'• i
`3
(" k
Prepared by: Kellie Fruehling, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319)356-5041
Resolution No. 19-284
Resolution approving the By-laws of the Community Police Review Board
and rescinding resolution 17-93.
Whereas, the by-laws of the Community Police Review Board have not been updated
since April 2017; and
Whereas, it is in the public interest to adopt by-laws which guide the procedures and
actions to include the name of the council member appointment by the City Council to
serve as the liaison to the Board during member orientation (Article III, Section 3 ) and to
correct the expiration date for member terms to June 30 (Article III, Section 6); and
Whereas, the Community Police Review Board recommended at their September 24, 2019
Commission meeting to approve the amended by-laws; and
Whereas, the proposed by-laws have been reviewed by the Council Rules Committee,
and are recommended for adoption; and
Whereas, the by-laws were approved previously in Resolution 17-93.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
1. Resolution 17-93 is hereby rescinded.
2. The by-laws of the Community Police Review Board, attached hereto and
incorporated by reference herein, are approved and adopted by the City Council.
Passed and approved this 3rd day of December 12019.
Mifyor
Attest: City
, pprov
City Clerk �� ��
c,; Attorney's Office
Resolution No. 19_284
Page z
It was moved by Mims and seconded by salih
Resolution be adopted, and upon roll call there were:
AYES: NAYS
Cole
Mims
Salih
Taylor
Teague
Thomas
Throgmorton
the
IOWA CITY
COMMUNITY POLICE
(Revised 12/3/19, Res.19- 284)
.•: 1
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 ensure 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, 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 is deemed appropriate.
Section 4. Absences. The Board may recommend to the City Council that the City Council discharge
any Board member who: (1) is absent from two consecutive regular or special meetings without
excuse as determined by the Board on a case by case basis; or (2) is absent from four consecutive
regular or special meetings, whether excused or unexcused; or (3) is absent from at least four out
of six consecutive regular or special meetings, whether excused or unexcused.
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.
Section 6. Terms. Members shall be initially appointed for staggered terms as outlined in Chapter
8, City Code, City of Iowa City, Iowa. Thereafter, Members shall be appointed for terms of four
years, with terms expiring on June 30. If a position becomes vacant by reason of resignation or
otherwise, and results in an unexpired term of six months or less, the Council may choose to fill
the unexpired term in such a manner that the appointee shall continue in the position not only through
the unexpired term, but also through a subsequent regular term.
Section 7. Resignations. Resignations shall be submitted in writing to the Mayor with a copy to
the City Clerk and the Chairperson of the Board at least 30 days prior to the date of intended
departure.
r l:Zity1111147KiWNW4
Section 1. Number. The officers of this Board shall be a Chairperson and Vice -Chairperson, each
of whom shall be elected by the members of the Board.
Section 2. Election and Term of Office. Officers of the Board shall be elected by a majority of all
members as soon as practicable after formation of the Board, and thereafter annually at the first
regular meeting in October each year; if the election of officers shall not be held at such meeting,
such election shall be held as soon thereafter as is convenient.
Section 3. Vacancies. A vacancy in any office because of death, resignation, removal,
disqualification or other cause shall be filled by the members for the unexpired portion of the term.
Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings, appoint
committees, call special meetings and in general perform all duties incident to the office of a
Chairperson, and such other duties as may be prescribed by the members from time to time.
Section 5. Vice -Chairperson. In the absence of the Chairperson, or in the event of death, inability
or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson and when so
acting shall have all the powers of and be subject to all the restrictions upon the Chairperson.
ARTICLE V. BOARD MEETINGS:
Section 1. Regular Meetings. The Board's regular meeting will be held the second Tuesday of
each month. This meeting time may be rescheduled upon agreement by a majority of the Board.
Section 2. Special meetings. Special meetings may be called by the Chairperson and shall be
called by the Chairperson or Vice Chairperson at the request of three or more Members of the
Board. At least one (1) full day's written notice of meeting place, time and agenda shall be given
to each Member and the media.
Section 3. Agenda. Insofar as possible, at regular and special meetings only matters included on
the agenda may be discussed and formal votes taken. Care shall be taken to avoid discussion of
non -agenda items.
Section 4. Quorum. A majority of the members of the Board shall constitute a quorum at any
meeting.
Section 5. Place of Meetings. Meetings, both regular and special, shall be held in an accessible
City facility. Meetings which are forums solely for community input may be in other appropriate
meeting places in Iowa City.
Section 6. Notice of Meetings. Notice of meetings shall be required; meetings may be called upon
notice not less than twenty-four (24) hours before the meetings unless such notice is impossible
or impracticable, in which case notice shall be provided as outlined in the Iowa Code. The news
media shall be notified by staff. Board meetings shall be public except where provided in the Iowa
Code.
Section 7. Proxies. There shall be no vote by proxy.
Section 8. Public Discussion. Time shall be made available during all meetings for open public
discussion.
Section 9. Motions. Motions may be made or seconded by any member of the Board, including
the Chairperson.
Section 10. Exported Contacts. A member who has had a discussion of an agenda item outside of
a public meeting with an interested party shall reveal the contact, name the other party and share
specifics of the contact, copies if in writing or a synopsis if verbal.
Section 11. Conflict of Interest. Members who believe they have a conflict of interest on a matter
about to come before the Board shall state the reason for the conflict of interest, leave the room
before the discussion begins, and return after the vote.
Section 12. Voting. A majority vote is required for adoption of any motion, except for a motion to
close a session as provided for in the Iowa Code. Upon request, voting will be by roll call and will
be recorded by yeas and nays. Every member of the Board, including the Chairperson, is required
to cast a vote upon each motion. A member who abstains shall state the reason for abstention.
Section 13. Roberts Rules of Order. The rules in the current edition of Roberts Rules of Order
Newly Revised shall govern the Board in all cases to which they are applicable and in which they
are not inconsistent with these bylaws and any special rules or order the Board may adopt.
ARTICLE VI. GENERAL AND LIMITED POWERS AND DUTIES:
The Board shall have the powers and duties set forth in Chapter 8 of the City Code of Iowa City.
ARTICLE VII. PUBLIC RECORDS: •EXCEPTIONS
Section 1. All records of the Board shall be public, except:
(a) Complaints, reports of investigations, statements and other documents or records obtained in
investigation of any complaint shall be closed records unless a public hearing is held or a
contrary determination is made by Counsel to the Board pursuant to the provisions of the
Iowa Code.
(b) The minutes and tape recordings of any session closed under the provisions of the Iowa
Code shall be closed records.
(c) No member of the Board or of its staff shall disclose information protected by the Iowa
Open Records Law or the Iowa Open Meetings Law. Nothing in this provision shall prevent
the Board from releasing such information concerning alleged or acknowledged practices
to the Iowa City City Council, the City Manager and/or Chief of Police, either in the form of
its required annual report or otherwise. This section does not prevent any complainant,
witness or other person from publicizing the filing of a complaint or the matter therein
complained of. Violation of these provisions by a member of the Board or its staff shall
constitute grounds for removal.
ARTICLE Vill. CONDUCT OF BOARD BUSINESS
Section 1 . Agenda. The Chairperson, or designated representative, together it h staff assistance
shall prepare an agenda for all Board meetings. Agendas are to be posted at least 24 hours before
the meeting and shall be sent to Board members and the media prior to meetings. Copies will be
available to the public at the meeting.
Section 2. Minutes. Minutes of all meetings are to be prepared and distributed to Board and City
Council members. Specific recommendations requiring Council action are to be set off from the
main body of the minutes and appropriately identified.
Section 3. Review Policy. The Board shall review all policies and programs of the City relating to
the Board's duties as stated herein, and make such recommendations to the City Council as are
deemed appropriate.
Section 4. Referrals from Council. From time to time letters, requests for information, requests for
recommendations, and other matters are referred to the Board by the City Council. The Board will
initiate consideration of each item at the next regular Board meeting and shall notify Council of its
disposition.
Section 5. Annual Report. An annual report detailing the activities of the Board shall be prepared
by the Chairperson, approved by the Board, and submitted to the City Council.
ARTICLE IX. SUBCOMMITTEES:
The subcommittees of this Board including composition, duties, and terms shall be as designated
by the Chairperson.
ARTICLE X. AMENDMENTS:
These by-laws may be altered, amended or repealed, and new by-laws adopted by an affirmative
vote of not less than three members of the Board at any regular meeting or at any special meeting
called for that purpose. Amendments shall become effective after approval by the City Council.
Septemeer 24,2019
COMMUNITY POLICE REVIEW BOARD
OFFICE CONTACTS
November 2019
Date Description
None.
December is 2f119 Mtg Packet
COMMUNITY POLICE REVIEW BOARD
COMPLAINT DEADLINES
CPRB Complaint #19-03
Filed: 08/07/19
Chiefs report due (90 days): 11/05/19
Chief's report filed: 11105/19
CPRB meeting #1 (Review):
11/12/19
CPRB meeting #2 (Review):
12/10/19
CPRB meeting #3 (Review):
??t??t??
CPRB report due (90 days): 02/03/20
CPRB Complaint #19-04
Filed: 08107/19
Chief's report due (90 days): 11/05/19
Chief's report filed: 10/31/19
CPRB meeting #1 (Review):
11/12/19
CPRB meeting #2 (Review):
12/10/19
CPRB meeting #3 (Review):
??t??I??
CPRB report due (90 days): 01/29120
CPRB Complaint #19-05
Filed: 09/03/19
Chief's report due (90 days): 12/02/19
Chief's report filed: 12/02/19
CPRB meeting #1 (Review): 12/10/19
CPRB meeting #2 (Review): ??t??I??
CPRB report due (90 days): 03/02/20
It1411IrslnliTl sd,1:4 IiI.CtI&-14gV;lJI i A4
January 14, 2020
February 11, 2020
March 10, 2020
April 14, 2020