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Home My WebLink About10-15-2020 Meeting Packet COMMUNITY POLICE REVIEW BOARD THURSDAY, OCTOBER 15, 2020 Electronic Formal Meeting – 5:30 PM ZOOM MEETING PLATFORM ITEM NO. 1 CALL TO ORDER and ROLL CALL ITEM NO. 2 CONSIDER MOTION TO FIX METHOD OF VOTING COMMENT: As the By-Laws do not prescribe the method of voting, the Board will need to make a motion to fix the method of voting. Nominations can be made by balloting or from the floor. Voting can be by voice vote, show of hands, or ballot. The Board should decide if the basis for decision is majority vote of the total membership and procedure for canvass of ballots. ITEM NO. 3 NOMINATIONS FOR OFFICE OF CHAIRPERSON ______________________________________________________________ MOTION TO CLOSE NOMINATIONS ______________________________________________________________ BALLOT OR VOTE _____________________________________________________________ ITEM NO. 4 NOMINATIONS FOR OFFICE OF VICE-CHAIRPERSON ______________________________________________________________ MOTION TO CLOSE NOMINATIONS ______________________________________________________________ BALLOT OR VOTE ______________________________________________________________ Electronic Meeting (Pursuant to Iowa Code section 21.8) An electronic meeting is being held because a meeting in person is impossible or impractical due to concerns for the health and safety of Commission members, staff and the public presented by COVID-19. You can participate in the meeting and can comment on an agenda item by going to https://zoom.us/webinar/register/WN_jVA_8LJvSIibMo2paBJMwA via the internet to visit the Zoom meeting’s registration page and submit the required information. Once approved, you will receive an email message with a link to join the meeting. If you are asked for a meeting or webinar ID, enter the ID number found in the email. A meeting password may also be included in the email. Enter the password when prompted. If you have no computer or smartphone, or a computer without a microphone, you may call in by telephone by dialing (312) 626-6799. When prompted, enter the meeting or webinar ID. The ID number for this meeting is: 953 2624 9359 Once connected, you may dial *9 to “raise your hand,” letting the meeting host know you would like to speak. Providing comments in person is not an option. 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-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. ITEM NO. 5 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED • Minutes of the meeting on 09/08/20 • Minutes of the Community Forum meeting on 9/21/20 • ICPD Memorandum- Quarterly Summary report IAIR/CPRB, 3rd Qtr 2020 • ICPD Use of Force Review/Report August • Correspondence from Carol deProsse (x3), Nic Arp, Meredith Chen ITEM NO. 6 NEW BUSINESS ITEM NO. 7 OLD BUSINESS • Community Forum discussion • Discussion Item No. 8 of Resolution 20-159 (Resolution of Initial Council Commitments addressing the Black Lives Matter Movement and Systemic Racism in the wake of the murder of George Floyd by Minneapolis Police and calls for action from protesters and residents) ITEM NO. 8 PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA (Commentators shall address the Board for no more than 5 minutes. The Board shall not engage in discussion with the public concerning said items). ITEM NO. 9 BOARD INFORMATION ITEM NO. 10 STAFF INFORMATION ITEM NO. 11 MEETING SCHEDULE and FUTURE AGENDAS • November 10, 2020, 5:30 PM, Electronic Zoom Meeting • December 8, 2020, 5:30 PM, Electronic Zoom Meeting • January 12, 2021, 5:30 PM, Electronic Zoom Meeting • February 9, 2021, 5:30 PM, Electronic Zoom Meeting ITEM NO. 12 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. 13 ADJOURNMENT 8 Finally, the Board issues a report to the City Council which includes detailed findings of the complaint investigation and an explanation of whether the complaint is “sustained” or “not sustained.” If the complaint is not sustained the report shall not include names of the complainant or officer. If the complaint is sustained, the Board may include names if it determines in writing that the public interest outweighs privacy interests and/or public harm and provides 10 days’ notice to affected parties prior to the release. Additionally, if the Board is critical of the officer(s) conduct in its final report to City Council, it must offer the officer a “name-clearing hearing” prior to releasing the report. Final complaint reports are available for public viewing: www.icgov.org/city- government/boards/community-police-review-board-cprb. Overview of Community Police Review Board Complaint Process *If complaint is filed against the Police Chief, the City Manager conducts the investigation. Other Complaint Methods The Community Police Review Board will only process complaints against sworn police officers that are directly filed with the Board, within 90 days of the alleged misconduct. There are two other options for individuals who wish to file a complaint against an officer, which are not reviewed by the Board: (1)ICPD Complaint: Department policy will determine the level of investigation, the complainant will determine their level of disclosure, and final reports will be nonpublic and confidential. There is no statute of limitations to file this type of complaint. (2)Human/Civil Rights Complaint: The Office of Equity and Human Rights receives complaints from individuals who believe they have been discriminated against due to age, race, marital status, national origin, sexual orientation, disability, creed, sex, color, religion, gender identity or retaliated against. Due to conflict of interest issues complaints against the City of Iowa City (including ICPD officers) are referred to the Iowa Civil Rights Commission for processing. Such complaints must be filed within 300 days of the alleged discriminatory or unfair practice. Please note that whether a complaint is filed with the Board, department, or Human Rights Commission, under state law, disciplinary matters remain the authority of the Police Chief or City Manager only. Complaint Filed by Individual Police Chief* Conducts Investigation Board Reviews Chief's Findings Public Complaint Disposition Report Issued 9 Complaint History Each year, the Board releases an Annual Report which includes a yearly summary of all complaints received, number and type(s) of allegation(s), and disposition by both the Chief and the Board. Appendix D of this report includes a detailed history of all complaints and allegations filed with the Community Police Review Board, since its inception in 1997. Additional summaries are provided below. Total Board Complaints and Dispositions Since 1997, there have been 119 total complaints filed with the Community Police Review Board (not including 25 filed complaints which were withdrawn by the complainant or summarily dismissed). The chart below shows the total number of complaints, but please note there may be several allegations included in a single complaint and the Board issues a decision for each allegation. For purposes of graphical representation, in the chart below complaints categorized as “sustained” involve those in which at least one allegation was sustained (even if several others were not), and complaints categorized as “not sustained” involve only cases in which zero allegations were sustained. 1 1 6 1 1 2 2 1 1 2 4 1 1 11 2 1 2 1 1 1 3 3 1 6 17 9 3 4 4 6 3 3 6 1 6 4 2 3 5 5 4 2 1 2 2 5 19971998199920002001200220032004200520062007200820092010201120122013201420152016201720182019TOTAL COMPLAINTS BY YEAR AND BOARD DISPOSITION Summarily Dismissed or Withdrawn by Complainant Sustained Not Sustained 13 APPENDIX A Current Community Police Review Board (Ordinance 15-4627, 6-16-15) CHAPTER 8 COMMUNITY POLICE REVIEW BOARD SECTION: 8-8-1: Creation Of Community Police Review Board 8-8-2: Intent, Goals And Guiding Principles 8-8-3: Definition Of Complaint; Complaint Process In General 8-8-4: Reserved 8-8-5: Police Department And Police Chief Investigatory Duties; City Manager Investigatory Duties 8-8-6: Police Chief's Report To Board; City Manager's Report To Board 8-8-7: Duties Of Board; Complaint Review And General Duties 8-8-8: Board Composition; Limited Powers Of Board 8-8-9: Police Officer's And Complainant's Rights Preserved 8-8-10: Council Review (Rep. by Ord. 07-4291, 10-16-2007) 8-8-11: Time Computation 8-8-12: Liaison 8-8-1: CREATION OF COMMUNITY POLICE REVIEW BOARD: As permitted under Iowa's home rule authority and as required by the city's home rule charter, the city creates the community police review board (hereinafter "board"), subject to the duties and limited powers set forth herein. (Ord. 15-4627, 6-16-2015) 8-8-2: INTENT, GOALS AND GUIDING PRINCIPLES: A. Investigations into claims of inappropriate conduct by sworn police officers will be conducted in a manner which is fair, thorough, and accurate.