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HomeMy WebLinkAbout06-14-2022 Community Police Review BoardMEMORANDUM COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City DATE: June 10, 2022 TO: CPRB Members FROM: Tammy Neumann RE: Board Packet for meeting on TUESDAY, JUNE 14, 2022 Enclosed please find the following documents for your review and comment at the next board meeting: • [Revised] Agenda for 06/14/22 • Minutes of the meeting on 05/10/22 • ICPD Use of Force Review/Report February • Community Forum Summary Letter— Draft • Community Forum Transcription • Memo to CPRB Board of May 11, 2022 re: Proposed Revision to Ordinance 8-8 • Memo to City Council of June 2, 2022 re: Proposed Amendments to Ordinance 8-8 • Office Contacts — May 2022 • Complaint Deadlines • CPRB Contacts AGENDA COMMUNITY POLICE REVIEW BOARD TUESDAY JUNE 14, 2022 — 5:30 P.M. EMMA J HARVAT HALL 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 05/10/22 • ICPD Use of Force Review/Report February ITEM NO. 3 NEW BUSINESS • None ITEM NO. 4 OLD BUSINESS • Community Forum Proposed revisions to Ordinance 8-8 ITEM NO. 5 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. 6 BOARD INFORMATION ITEM NO. 7 STAFF INFORMATION ITEM NO. 8 MEETING SCHEDULE and FUTURE AGENDAS • July 12, 2022, 5:30 PM, Hailing Conference Room • August 9, 2022, 5:30 PM, Emma J. Harvat Hall • September 13, 2022, 5:30 PM, Emma J. Harvat Hall ITEM NO. 9 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 21.5(1)(i) to evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individual's reputation and that individual requests a closed session 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. 10 ADJOURNMENT Ifyou will need disability -related accommodations to participate in this programlevent, please contact Tammy Neumann at 319-356-5043, Tmmy-neumann@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. COMMUNITY POLICE REVIEW BOARD MINUTES — MAY10, 2022 CALL TO ORDER: Chair Amanda Nichols called the meeting to order at 5:30 p.m. MEMBERS PRESENT: Ricky Downing, Melissa Jensen, Jerri MacConnell, Saul Mekies, Orville Townsend MEMBERS ABSENT: Stuart Vander Vegte STAFF PRESENT: Staff Kellie Fruehling, Tammy Neumann, Legal Counsel Patrick Ford OTHERS PRESENT: Iowa City Police Captain Scott Gaarde, CPRB Liaison — Councilor Laura Bergus RECOMMENATIONS TO COUNCIL (1) Accept CPRB #22-01 Report (2) Accept CPRB #22-02 Report (3) Accept CPRB #22-03 Report (4) Accept CPRB #22-05 Report CONSENT CALENDAR Motion by Townsend, seconded by Jensen, to adopt the consent calendar as presented. • Minutes of the meeting on 04/12/2022 • Minutes of the Community Forum on 04/20/2022 • ICPD General Order 00-01 (Search and Seizure) • ICPD Policy Manual — (306 Firearms) • ICPD Quarterly Summary Report IAIR/CPRB, 1 st Quarter 2022 Motion carried 6/0, Vander Vegte absent. NEW BUSINESS Discussion of Draft Ordinance 8-8 Amendment Legal Counsel for the CPRB, Pat Ford, presented his proposed amendments to the Community Police Review Board ordinance. These amendments are to sections 8-8-5(B)(6), 8-8-7(B)(1), 8-8-7(13)(2), 8-8-7(B)(3), and 8-8-7(B)(4). The board discussed the proposed changes which are included in a memo from Pat Ford to the Board dated April 6, 2022 and is included in the CPRB meeting packet of May 10, 2022. Motion by Mekies, seconded by Nichols, to accept the proposed amendments to the Community Police Review Board ordinance as presented. Motion carried 6/0, Vander Vegte absent. OLD BUSINESS Community Forum: Nichols asked for a volunteer from the Board to write a summary of the Community Forum held on April 20, 2022. Mekies volunteered to write the meeting summary. PUBLIC DISCUSSION None BOARD INFORMATION MacConnell shared that there was recently a negative article written about police review boards and asked if the board would like to respond. Board members agreed that no response will be written. MacConnell asked for clarification regarding the Boards title, stating that while it is referred to as the Community Police Review Board, it is also referred to as the "Advisory Board. Nichols responded that the Board's title is the Community Police Review Board, and it reviews complaints and advises council on their recommendation, therefore, it is both. STAFF INFORMATION Townsend noted that there are times when a report is handwritten, and it is illegible. He asked what the Board's options are in these cases. Nichols suggested that the board would set the level of review at 8- 8-7(B)(1)(b), Interview/meet with the Complainant. Legal Counsel Pat Ford will draft this in a memo and send to the Board. Townsend suggested that there be a rotation schedule set for board members to write complaint reports. After some discussion, the board decided to table this suggestion. MEETING SCHEDULE and FUTURE AGENDAS • June 14, 2022, 5:30 p.m., Emma J. Harvat Hall • July 12, 2022, 5:30 p.m., Dale Helling Conference Room • August 9, 2022, 5:30 p.m., Emma J. Harvat Hall EXECUTIVE SESSION Motion by Jensen, seconded by MacConnell, to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried 6t0, Vander Vegte absent. Open session adjourned at 5:53 p.m. CPRB May 10, 2022 DRAFT REGULAR SESSION Returned to open session at 7:03 p.m. Motion by Townsend, seconded by Jensen to accept the Public Report as amended for CPRB Complaint #22-01 and forward to City Council. Motion Carried 5/0, Nichols abstained, Vander Vegte absent. Motion by Townsend, seconded by Downing, to accept the Public Report as amended for CPRB Complaint #22-02 and forward to City Council. Motion Carried 5/0, Nichols abstained, Vander Vegte absent. Motion by MacConnell, seconded by Jensen, to accept the Public Report as amended for CPRB Complaint #22-03 and forward to City Council. Motion Carried 5/0, Nichols abstained, Vander Vegte absent. Motion by Townsend, seconded by Jensen, to accept the Public Report as amended for CPRB Complaint #22-05 and forward to City Council. Motion Carried 5/0, Nichols abstained, Vander Vegte absent. ADJOURNMENT Moved by Townsend, seconded by Jensen, to adjourn the meeting at 7:05. Motion carried 6/0, Vander Vegte absent. 0 1. 7. j N N (� e N Na x x k i x x j j x x e0 N N o x x X I x o j I x x e N O N o ry e ry 0 j j x j x x o j k 9 w H j j k j X x O j x j O P j x j x x x M j j x j x x x j x i j j x j j x j x X j b ti v c of �> COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319) 356-5041 Date: May 10, 2022 To. City Council Complainant City Manager Chief of Police Officer(s) involved in complaint From: Community Police Review Board Re: Investigation of CPRB Complaint # 22 - 01 This is the Report of the Community Police Review Board's (the "Board") review of the investigation of Complaint CPRB # 22-01 (the "Complaint"). BOARD'S RESPONSIBILITY: Under the City Code of the City of Iowa City, the Board's responsibilities are as follows: 1. The Board forwards all complaints to the Police Chief, who completes an investigation. (Iowa City Code Section 8-8-7(A).) 2. When the Board receives the Police Chiefs report, the Board must select one or more of the following levels of review, in accordance with Iowa City Code Section 8-8-7(13)(1): a. On the record with no additional investigation. b. Interview /meet with complainant. c. Interview /meet with named officer(s) and other officers. d. Request additional investigation by the police chief, or request police assistance in the board's own investigation. e. Perform its own investigation with the authority to subpoena witnesses. o 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 repoiK because of the Police Chiefs professional expertise. (Iowa City Code Section 8-8-7(B)(-2)).) 4. According to Iowa City Code Section 8-8-7(B)(2), the Board can recommend-that.the Police Chief reverse or modify the Chiefs findings only if: a. The findings are not supported by substantial evidence; or b. The findings are unreasonable, arbitrary or capricious; or c. The findings are contrary to a police department policy or practice, or any federal, state or local law. 5. When the Board has completed its review of the Police Chiefs report, the Board issues a public report to the city council. The public report must include: (1) detailed findings of fact; and (2) a clearly articulated conclusion explaining why and the extent to which the complaint is either "sustained" or "not sustained ". (Iowa City Code Section 8-8-7(B)(3)).) 6. Even if the Board finds that the complaint is sustained, the Board has no authority to discipline the officer involved. BOARD'S PROCEDURE: The Complaint was initiated by the Complainant on January 18, 2022. As required by Section 8-8-5(B) of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chiefs Report was filed with the City Clerk on March 11, 2022. As per Section 8-8-6(D) of the City Code, the Complainant was given the opportunity to respond to the Chiefs report and did not do so. The Board voted on April 12, 2021 to apply the following Level of Review to the Chiefs Report: on the record with no additional investigation, pursuant to Iowa City Code Section 8-8-7(B)(1)(a). The Board met to consider the Report on April 12, 2022 and May 10, 2022. Prior to the May 10, 2022 meeting, the Board had the opportunity to review the complaint and the Police Chiefs report, and to watch and listen to body worn camera and/or in -car camera footage showing the interaction between the officers and complainant. FINDINGS OF FACT: On January 18, 2022, the following complaint numbered 22 — 01 was received. The individual submitted a complaint that the police department neglected their duty to protect the complainant's child. Officers provided multiple resources to the complainant to provide assistance in dealing with ongoing problems with the minor child and other minors in the neighborhood. ICPD's victim services coordinator and mental health liaison have both contacted the complainant. Members of the. Iowa bity Community School District were contacted to assist with the issues as well. ALLEGATION 1 — Violation of Rules and Regulations 315 Duty and Responsibilifies -- Chief's Conclusion — Not Sustained -° Board's Conclusion — Not Sustained o «i Basis for the Board's conclusion: CPRB felt that the findings of the Police Chiefs investigation were accurate and well documented. The officers did their duty as well as making efforts to be helpful to the Complainant's situation. After reviewing incidents involving the complainant and the child there is no cause to show adequate services were not provided. Issues were investigated and handled properly. Additional support and nonpolice resources were recommended to the family. ALLEGATION 2 — Violation of GO 01-01 Bias -Based Policing Chief's Conclusion — Not Sustained Board's Conclusion — Not Sustained Basis for the Board's conclusion: There is no evidence that the officer showing bias towards the complainant or the family based on race, religion, national origin, or cultural group. The information provided by the complainant was inconsistent with the evidence captured on video. COMMENTS: None. COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319) 356-5041 Date: May 10, 2022 To: City Council Complainant City Manager Chief of Police Officers) involved in complaint From: Community Police Review Board Re: Investigation of CPRB Complaint #22-02 This is the Report of the Community Police Review Board's (the "Board") review of the investigation of Complaint CPRB #22-02 (the "Complaint"). BOARD'S RESPONSIBILITY: Under the City Code of the City of Iowa City, the Board's responsibilities are as follows: 1. The Board forwards all complaints to the Police Chief, who completes an investigation. (Iowa City Code Section 8-8-7(A).) 2. When the Board receives the Police Chiefs report, the Board must select one or more of the following levels of review, in accordance with Iowa City Code Section 8-8-7(B)(1): a. On the record with no additional investigation. b. Interview (meet with complainant. c. Interviewlmeet with named officer(s) and other officers. d. Request additional investigation by the police chief, or request police assistance in the board's own investigation. e. Perform its own investigation with the authority to subpoena witnesses. f. Hire independent investigators. _ 3. In reviewing the Police Chiefs report, the Board must apply a "reasonable basis" standard of review. This means that the Board must give deference to the Police Chiefs report, f7LbCause of the Police Chiefs professional expertise. (Iowa City Code Section 8-8-7(B)(2)).)- "- -: j 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: cJ a. The findings are not supported by substantial evidence; or b. The findings are unreasonable, arbitrary, or capricious; or c. The findings are contrary to a police department policy or practice, or any federal, state, or local law. 5. When the Board has completed its review of the Police Chiefs report, the Board issues a public report to the city council. The public report must Include: (1) detailed findings of fact; and (2) a clearly articulated conclusion explaining why and the extent to which the complaint is either "sustained" or "not sustained ". (Iowa City Code Section 8-8-7(B)(3)).) 6. Even if the Board finds that the complaint is sustained, the Board has no authority to discipline the officer involved. BOARD'S PROCEDURE: The Complaint was initiated by the Complainant on January 20, 2022. As required by Section 8-8-5(B) of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chiefs Report was filed with the City Clerk on March 11, 2022. As per Section 8-8-6(D) of the City Code, the Complainant was given the opportunity to respond to the Chiefs report and did not do so. The Board voted on April 12, 2022 to apply the following Level of Review to the Chiefs Report: On the record with no additional investigation, pursuant to Iowa City Code Section 8-8-7(B)(1)(a). The Board met to consider the Report on April 12, 2022 and May 10, 2022. Prior to the April 12, 2022 meeting, the Board had the opportunity to review the complaint, the Police Chiefs report, and to watch and listen to body worn camera and/or in -car camera footage showing the interaction between the officers and the complainant and the complainant's child. FINDINGS OF FACT: On December 2, 2021, officers received a report of a subject armed with a knife threatening people at the neighborhood center. Upon officers arrival, the subject had left the area. Officers then observed a person running with a knife, and this person appeared to be following another individual. The officer ordered the person to stop, and realizing this was a child, he pulled his taser as opposed to his weapon. The officer ordered the child to drop the knife and lay on the ground. Further investigation led officers to the complainant's residence, where it was determined the complainant had threatened individuals at the neighborhood center, and after leaving, gave the knife to the child. ThVcomplainant was arrested, and custody of the child turned over to the other parent. The child,was notSharged as it was later believed the child was not running after anyone, and was running away, with t6d knife, while others were running away. COMPLAINANT'S ALLEGATION #1 — Excessive use of force. 77 Chief's conclusion: Not sustained Board's conclusion: Not sustained Basis for the Board's Conclusion: The complainant alleges excessive force was used on the minor child, and that officers slammed the child down, sprayed the child with pepper spray, and took the knife from the child. The officer who encountered the child followed department policy when he pointed his taser at the child and did not slam or touch the child while the child was laying on the ground, nor did the officer use pepper spray. The officers also did not take the knife from the child's pocket. A review of the video from responding officers supports this conclusion. COMPLAINANT'S ALLEGATION #2 — False arrest. Chiefs conclusion: Not sustained Board's conclusion: Not sustained Basis for the Board's Conclusion. The complainant alleges being arrested for something the complainant did not do. The arrest was based on multiple victim and witness statements, the complainant's statements, and observations from the officers. Officers were accommodating to the complainant and family, and there was no force used during the arrest. A review of the video from responding officers supports this conclusion. COMMENTS: None Q COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319)356-5041 Date: May 10, 2022 To: City Council Complainant _ City Manager t Chief of Police — '- Officer(s) involved in complaint From: Community Police Review Board, Re: Investigation of CPRB Complaint #22-03 �' n This is the Report of the Community Police Review Board's (the "Board") review of the investigation of Complaint CPRB #22-03 (the "Complaint"). BOARD'S RESPONSIBILITY: Under the City Code of the City of Iowa City, the Board's responsibilities are as follows: 1. The Board forwards all complaints to the Police Chief, who completes an investigation. (Iowa City Code Section 8-8-7(A).) 2. When the Board receives the Police Chiefs report, the Board must select one or more of the following levels of review, in accordance with Iowa City Code Section 8-8-7(B)(1): a On the record with no additional investigation. b. Interview /meet with complainant. c. Interview /meet with named officer(s) and other officers. d. Request additional investigation by the police chief, or request police assistance in the board's own investigation. e. Perform its own investigation with the authority to subpoena witnesses. f. Hire independent investigators. 3. In reviewing the Police Chiefs report, the Board must apply a "reasonable basis" standard of review. This means that the Board must give deference to the Police Chiefs report, because of the Police Chiefs professional expertise. (Iowa City Code Section 8-8-7(B)(2)).) 4. According to Iowa City Code Section 8-8-7(B)(2), the Board can recommend that the Police Chief reverse or modify the Chiefs findings only if: a. The findings are not supported by substantial evidence; or b. The findings are unreasonable, arbitrary, or capricious; or c. The findings are contrary to a police department policy or practice, or any federal, state, or local law. 5. When the Board has completed its review of the Police Chiefs report, the Board issues a public report to the city council. The public report must include: (1) detailed findings of fact: and (2) a clearly articulated conclusion explaining why and the extent to which the complaint is either "sustained" or "not sustained ". (Iowa City Code Section 8-8-7(13)(3)).) 6. PEven 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 January 25, 2022. As required by Section 8-8-5(B) of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chiefs Report was filed with the City Clerk on April 1, 2022, As per Section 8-8-6(D) of the City Code, the Complainant was given the opportunity to respond to the Chiefs report. The Board voted on April 12, 2022 to apply the following Level of Review to the Chiefs Report: On the record with no additional investigation, pursuant to Iowa City Code Section 8-8-7(B)(1)(a). The Board met to consider the Report on April 12, 2022 and May 10, 2022. Prior to the April 12, 2022 meeting, the Board had the opportunity to review the complaint, the Police Chiefs report, and to watch and listen to body worn camera and/or in -car camera footage showing the interaction between the officers and the complainant. FINDINGS OF FACT: On 12/28/2021 Police responded to a possible break-in and property damage. From several police body camera views, and the officer explaining to the complainant that the evidence that the corridor provided was not consistent with a break-in and property damage. The police advised complainant to talk with the landlord regarding differences with neighbors. COMPLAINANT'S ALLEGATION #1 — Neglect of duty . Chief's conclusion: Not sustained Board's conclusion: Not sustained Basis for the Board's conclusion: Upon review of video, the Board determined that the officer followed departmental policy and procedure in investigating the incident. The officer responded to the complainant's request for assistance, conducted a proper investigation, was professional in the officer's interactions, and took a report. The officer could not determine who broke into the apartment and did not have probable cause to arrest complainant's neighbor. If the officer believed there were indications that complainant could have caused the damage to his own door, there is nothing in policy/procedure or law that prevents the officer from confronting complainant with this as part of the investigation. Q !.fI COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319)356-5041 May 3, 2022 To: City Council Complainant City Manager Chief of Police Officer(s) involved in complaint From: Community Police Review Board Re: Investigation of CPRB Complaint#22-05 This is the Report of the Community Police Review Board's (the 'Board") review of the investigation of Complaint CPRB #22-05 (the "Complaint"). BOARD'S RESPONSIBILITY: Under the City Code of the City of Iowa City, the Board's responsibilities are as follows: 1. The Board forwards all complaints to the Police Chief, who completes an investigation. (Iowa City Code Section 8-8-7(A).) 2. When the Board receives the Police Chiefs report, the Board must select one or more of the following levels of review, in accordance with Iowa City Code Section 8-8-7(8)(1): a. On the record with no additional investigation." a. No additional investigation.* b. Interview /meet with complainant. c. Interview /meet with named officer(s) and otherofficers. d. Request additional investigation by the police chief, or request police assistance in the board's own investigation. e. Perform its own investigation with the authority to subpoena witnesses..-.--. f. Hire independent investigators. T 3. In reviewing the Police Chiefs report, the Board ?111 ill. 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-S 7(8)(2)).) CD 4. According to Iowa City Code Section 8-8-7(8X2), the Board can recommend that1he Police Chief reverse or modify the Chiefs findings Q11 & 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(8)(3)).) 6. Even if the Board finds that the complaint is sustained, the Board has no authority to discipline the officer involved. The Complaint was initiated by the Complainant on February 16, 2022. As required by Section 8-8-5(8) of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chiefs Report was filed with the City Clerk on March 11, 2022. As per Section 8-8-6(0) of the City Code, the Complainant was given the opportunity to respond to the Chiefs report. There was no response made by the individual who made the complaint. , The Board voted on April 12, 2022 to apply the following Level of Review to the Chiefs Report: On the record with no additional investigation, pursuant to Iowa City Code Section 8-8-7(8)(1)(a). The Board met to consider the Report on April 12, 2022 and May 10, 2022. Prior to the April 12, 2022 meeting, the Board had the opportunity to review the complaint, the Police Chiefs report, and to watch and listen to body worn camera and/or in -car camera footage showing the interaction between the officers and the complainant. The complainant alleged that the officer who stopped the complainant car for exceeding the speed limit was rude and made the complainant cry. The complainant alleged that the officer was aggressive and belittling. After viewing the body cam of the officer, it was observed that the officer was professional in his manner and behavior. The complainant did not appear to be crying. The Police Review Board felt that no further investigation was needed and did not sustain the complainants claim. The officer acted professionally and was in compliance within the ICPD policy. COMPLAINANT'S ALLEGATION: Discourtesy - Chief's conclusion: Notsustained - Board's conclusion: Not sustained Baafs or the Bogird'sconclusion: After viewing the officer's body cam, it was determined that actions reported in the complai6f were not congruent with the video evidence. The body cam showed nothing of the description of the written complaint. COMMENT& None. TO: Chief Dustin Liston FROM: Sgt. Andrew McKnight RE: February 2022 Use of Force Review DATE: May 12th, 2022 The Iowa City Police Department policy requires an employee to complete a written report for any reportable use of force. Reportable use of force is defined in the Department's General Order 99-05, which is titled Use of Force and available for public viewing on the department's website. This policy provides employees with guidelines on the use of deadly and non -deadly force. Upon receipt of the report, the supervisor is responsible for completing an administrative critique of the force. This process includes interviews with involved employees, body worn and in -car camera review, review of any additional available video, and review of written reports. The employee's use of force report and the supervisor's critique is then forwarded to the Captain of Field Operations and the Chief of Police for final review and critique. On a monthly basis, the previous month's use of force reports and supervisor critiques are reviewed by an administrative review committee consisting of a minimum of three sworn personnel. This Use of Force Committee consists of two supervisors as designated by the Chief of Police and one officer, typically a certified use of force instructor. The Use of Force Review Committee met on May 12th, 2022. It was composed of Sgt. McKnight, Sgt.K. Bailey, and Officer Niles Mercer. For the review of submitted reports in February, the Review Committee documented the following: • 30 individual officers were involved in 12 separate incidents requiring use of force. • There were no documented cases of an officer exercising his/her duty to intervene and the review of the incidents did not indicate that an officer failed their duty to intervene. • Out of the 12 uses of force, 11 involved force being used against people. The other 1 was an animal being euthanized by an officer. Out of the 30 officers involved in the 11 uses of force against people, 1 superficial injury was sustte�to a c suspect and 1 superficial injury was sustained by an officer. ,, a • No violations of policy were noted during this review period. • Out of the 11 uses of force against people, arrests were made 10 times (90%). tD¢ o • Mental health was identified by officers as being a factor in five of the uses of force used againsts8fi; ro (45%). • Drugs and/or alcohol was identified by officers as being a factor in eight of the 11 uses of force against persons (73%). • Out of the 11 times force was used on a person, three were identified as white females (27%), three were identified as white males (27%), one was identified as black female (10%), four were identified as black males (36%). • Out of the 12 uses of force, the average number of officers involved in the force was 2.5 • In total during this time, the ICPD had 4,453 calls for service with 12 calls for service resulting in force being used. It is noted that one of the 12 uses of force involved animals and not humans. The highest level of force in each incident is reflected below along with the year-to-date: Force Used February 2022 Occurrences 2022 Year -to -Date Hands-on 6 19 Taser Display I 1 Taser Discharge 1 1 OC Spray Deployment 0 0 Firearms Display 3 4 Firearms Discharge 0 0 ASP Striking 0 0 Officer Striking/Kicking 0 0 Animals Euthanized by Officer 1 4 Special Response Team Callouts 0 1 Vehicle Pursuits 0 0 Officer Injuries I 1 Suspect Iniuries 1 3 Reports to U.S. DOJ 0 0 Total Use of Force incidents to date equal 33. Total calls for service in the same period equal 9265. This results in a year-to-date use of force being deployed in .35% of our total year-to-date calls for service. IpWA CIy+Y February IOWA CITY '1 i ' Use 1 i Report I P6LICE IpWA CITY POLICE Watch Occurred and Officers Involved Date Incident Number Incident type Arrest Made YIN Force Used Evening 2/3 2022000834 Domestic Y Officers responded to a Watch — Abuse residence where a domestic Two assault was in progress. Upon Officers arrival, an officer heard a female scream for help and observed a male subject actively punching a female in the face. An officer drew their taser and pointed it towards the male subject commanding them to stop and put their hands up. He dropped to his knees, put his hands up, placed his hands behind his back and an officer placed handcuffs on each wrist. Another officer worked with the female half of the altercation who became belligerent and upset when she realized that the male subject was going to be taken to jail. The female subject squared up to officers adopting a fighting stance, making statements that she was going to kill herself. It was discovered that the female subject had an active arrest warrant and was told that she would be transported to jail. While at the jail a decision was made to have her medically evaluated and the subject was taken to City Clerk Iowa City, Iowa February 2022 Use of Force Report hospital. While at the hospital, staff asked if the subject's handcuffs could be removed so that she could sign some documents. Given that the subject had been compliant, the handcuffs were removed. The subject signed some documents then asked if she was going to jail. Once this was confirmed the subject became belligerent, throwing a covid mask at the officer, pushing near their chest. The subject was then told to put her hands behind her back for handcuffing. An officer took hold of her arms, pulled them behind her back and placed handcuffs on both wrists. The subject continued to pull away and was told to sit down. One officer took hold of the subject's right elbow and told them to sit in a nearby chair. The subject continued to pull away and an officer took hold of the subject's right arm and pulled the subject down into a seated position. The subject continued to thrash her body around causing the officers body worn camera to fly off, breaking the camera's clip. While the subject was seated, an officer took hold of the subject's right bicep with their right hand and placed their forearm across the shoulder area, pushing on her torso to the left, holding the subject making it difficult for her to continue resisting. The medical evaluation was then — completed without injury to the officer or subject. City Clerk Iowa City, Iowa February 2022 Use of Force Report Evening 2t3 2022000838 Traffic Y An officer initiated a traffic stop Watch — Stop on a vehicle that was driving One Officer the wrong way down a one way. The driver of the vehicle attempted to switch seats with the passenger. When the officer approached the vehicle, the occupants were reaching down towards the ground with their hands in-between the seats. An officer drew their sidearm and pointed it towards the driver of the vehicle ordering them to exit the vehicle. The driver exited the vehicle. put her hands behind her back and an officer placed handcuffs on each wrist. There were no injuries to the subject or officers. Late Night 2/9 2022000980 Warrant Y Officers located a subject who Watch — Service had an active arrest warrant. Three The subject was placed into Officers handcuffs without issue. As the subject was being escorted to a nearby squad car, he became upset that he was not being allowed to make a phone call at that precise moment. The subject then refused to enter the squad car multiple times, instead pulling away from officers. One officer took hold of the subject's left bicep with their right hand. The subject continued to tense his body and pull away from the officer. Another officer took hold of his sweatshirt and pulled the subject towards the squad car. One officer took the palms of their hands and pushed the subject in the F I chest, forcing them into the vehicle. The subject continued to kick out towards JbN 0 6 2022 City Clerk February 2022 Use of Force Report Iowa City, Iowa the officers, refusing to sit in the vehicle. The subject refused to place his legs inside the vehicle and an officer took hold of the subject's belt, lifted him out of the vehicle and placed him on the ground. The subject continued to kick towards officers, so an officer placed him into leg restraints making it difficult for the subject to continue to kick out. One officer took hold of the subject's hood with their right hand and used their left hand to hold on to the subject's waist. Another officer took hold of the subject's leg restraints with their right arm and took hold of the subject's sweatshirt with their other hand, lifting the subject off the ground and into the squad car. An officer went to the opposite end of the vehicle, took hold of the subject's shirt and pulled him into the vehicle, closing the door. There were no injuries to the subject or officers. Late Night 2/10 2022000983 Suspicious Y Officers were dispatched to a Watch — Activity residence for reports of One Officer suspicious activity in the form of an unknown male turning a door handle asking for help. An officer arrived and observed a gun out of its holster at the feet of the unidentified male. Another officer arrived on scene, drew their sidearm and held it at the low -ready while the male was told to put his hands behind his back. The male complied and an officer placed and secured handcuffs on each JUN 0 Q 1012 City Clerk February 2022 Use of Force Report Iowa City, Iowa wrist. There were no injuries to the officer or suspect. Late Night 2/14 2022001091 Weapons Y Officers responded near a Watch — Offense residence for reports of an One Officer armed male subject who had slammed his pistol against an occupied vehicle. Upon arrival, an officer heard two - gun shots and immediately deployed their patrol rifle and went towards the gun fire. An officer located a male subject matching the description given in an alley way and the male subject began walking towards the officer. The officer pointed their weapon at the subject, ordering the subject to stop walking and to keep their hands visible. At one point the subject placed his hands near his waistband and the officer told the subject to put his hands on his head. The subject complied and another officer arrived and placed handcuffs on the subject's wrists without incident. A handgun was recovered from the subject's person. There were no injuries to officers or the subject. Late Night 2/16 2022001134 Mental N Officers encountered a male Watch — Six Crisis who was having a mental Officers health crisis. The male believed that his family had been murdered and that there was going to be a school shooting at a local school. None of this was true and the individual was talking about being from another dimension and clearly needed psychiatric stabilization. Officers told the subject that he needed to go to the hospital, and he walked Jun U ti 7dfCL City Clerk February 2022 Use of Force Report Iowa Cify, Iowa away. One officer took hold of his left arm to prevent him from walking away. Another officer took hold of the subject's backpack which was on his back, holding the subject in place. The subject continued to pull away and thrash around. Another officer took hold of the subject's right arm and placed their foot in front of the subject's right leg, tripping the subject and guiding him to the ground. Another officer assisted guiding the subject to the ground by holding the subject's left leg with their right hand as the subject was placed on the ground. Once on the ground the subject lay on his stomach refusing to put his arms behind his back. Two officers pulled the subject's left and right arms from under the subject. At one point the subject attempted to bite an officer. The officer's pulled the subject's arms from underneath his body and another officer completed the handcuffing process. At the paramedic's request, the subject was held in place while paramedics administered chemical sedation. There were no injuries to the subject and one officer sustained superficial iniuries. Evening 2/16 2022001165 Fight in Y Officers responded to the Watch — Progress winter shelter after staff Two reported that a verbal Officers altercation was escalating. An intoxicated female was located, and officers observed her screaming at another City �'lerl$ February 2022 Use of Force Report ' 10wa'C4ty, lam individual attempting to punch her. To prevent the assault from continuing, an officer took hold of her arms and pulled them behind her back and walked her to the exit. Once outside, the subject fell to her knees and an officer placed handcuffs on each wrist. The subject refused to walk so one officer placed their left arm under her right arm pit and lifted her off the ground. Another officer took hold of her left arm and assisted with lifting and placing her into the vehicle. There were no injuries to the officers or the subject. Evening 2t18 2022001222 Trespass Y Officers responded to a local Watch — business for reports of an Four intoxicated individual who was Officers trespassing refusing to leave the business. Dispatch also stated that the female had assaulted staff. One officer provided the option of having the female go to the hospital for an evaluation, but the female refused, instead electing to walk aggressively to engage officers. The subject was told she was under arrest and one officer took hold of her left hand with both hands telling the subject to put her hands behind her back. The subject continued to pull away from officers. An officer pulled down on the subject's wrist causing her to lay on her stomach. Another officer arrived and pushed down on the subject's e shoulders to keep her on the F I LEDround. Officers ulled the JUN 0 E 2022 February 2022 Use of Force Report City Clerk Iowa City, .lowa subject's arms behind her back and one officer placed a handcuff on the subject's left wrist and another officer completed the handcuffing by placing handcuffs on the subject's right wrist. Another officer had to straddle her right leg to prevent her from kicking out towards officers. The subject was placed into a standing position but refused to walk, instead dropping to the ground. Officers positioned themselves on both sides as they lifted the subject under her arm pits towards and inside the vehicle. The subject's legs were outside the vehicle and she kicked an officer in the leg. Another officer went to the opposite side of the vehicle, took hold of the subject's right arm and left shoulder and pulled her into the vehicle. The subject continued to kick out at officers so one officer applied a pain control technique by applying pressure under the jaw line in order to gain compliance. The subject's legs were placed into the vehicle, the door was closed, and the subject was transported to jail. There were no injuries to the subject or officers. Evening 2/19 2022001251 Mental Y Officers responded to a Watch — Six Crisis residence for reports of violent Officers subject who had ingested psilocybin mushrooms. Dispatch also advised that there was broken glass everywhere and that there was L � lots of screamin comin from JUN 0 6 2022 February 2022 Use of Force Report City Clerk Iowa City, Iowa the residence. As officers arrived, a female subject reported that there was a violent male in the household fighting, and that her brother was also in the household and she believed that he may be deceased. As officers entered the residence, they encountered a male subject incoherently screaming, flailing his arms around then concealing his hands in the pockets of his sweatshirt. The subject then turned and hit an officer in their chest. An officer took hold of the subject's left arm with both of their hands, but the subject continued his assaultive behavior. In an attempt to control the subject, and to prevent further harm, an officer rushed the subject in an attempt to tackle him to the ground. One officer took hold of the subject's shirt, pulling the subject onto a piece of furniture, holding the subject as other officers deployed their tasers towards the subject as he continued to fight. The taser deployments had no effect and the subject punched two officers in the face. An officer got up as another officer deployed another taser which had the desired effect and incapacitated the subject. Once on the ground the subject refused to place his hands behind his back and an officer deployed a chemical irritant to the subject's face. An officer took hold of the subject's right wrist, pulling his JUN 0 fl 2022 City Clerk February 2022 Use of Force Report Iowa City, Iowa arm behind his back, holding it in the small of his back where an officer placed hand cuffs on both wrists. The subject attempted to stand so an officer pushed on the subject's lower back to keep him face down on the ground. The subject slipped out of his handcuffs and one officer sat on the subject's legs as he attempted to kick out. One officer grabbed the subject's right wrist with both hands, pulled his arm behind his back while another officer pulled his left arm behind his back and placed the subject back into handcuffs. The subject continued to kick out and attempt to stand so one officer crossed his left calf over his right shin and two officers held his legs in place to prevent him from kicking out. The subject was then chemically sedated by paramedics and transported to hospital for treatment for his overdose. An officer encountered a second subject who had also overdosed. The male subject was laying on the floor and an officer attempted to assist him to his feet, but he refused to stand. An officer placed their arms under his armpits and pulled the subject to his feet. An officer took hold of the subject's wrist to assist him out of the residence however the subject would not comply with instructions to walk out to the ambulance. An officer pulled the subject's wrist behind his back and placed .IUN 0 6 2022 City Clerk February 2022 Use of Force Report Iowa City, Iowa him into handcuffs. The subject walked under his own power to an ambulance and was transported for an evaluation. There were no injuries sustained by officers and one subject had superficial injuries. Late Night 2t23 2022001332 Injured N Injured Deer shot and killed by Watch — Animal officer One Officer Day Watch 2/24 2022001363 Trespass Y Officers responded to a — Two business for reports of a Officers female refusing to leave. Officers told the female that she would be cited and released for trespass, but the female refused to sign the ticket and began walking away. One officer stood in front of the subject to prevent her from walking away. The subject continued to walk away, and an officer took hold of the subject's right arm, stating that she was under arrest. The subject tensed her body and pulled away from the officer. Another officer took hold of her left arm and placed a handcuff on her left wrist, pulling the subject's arm behind her back. She continued to pull away from officers so the officer's used their hands to push her and hold her up against a nearby window, pulling her hands behind her back placing handcuffs on her right wrist completing the process. The subject then refused to get into a nearby squad car so one = officer pushed her into the J vehicle with their right hand on HIM n 7n7s her stomach and left hand on City Clerk Iowa City, Iowa February 2022 Use of Force Report her chest. The other officer pulled the subject's upper body into the vehicle and the subject placed their legs into the vehicle and the door was shut. There were no injuries to the subject or officers. Late Night 2125 2022001392 Fight in Y Officers were dispatched to a Watch — Progress local bar for reports of a fight. One Officer Upon arrival, one officer observed bar staff restraining a subject on the ground. An officer helped the subject off the ground and the subject began to walk away from the officer. The subject then began to step up towards the officer in an aggressive manner and the officer placed their hand on his chest to create distance. It was then discovered that the subject had an active arrest warrant, and a decision was made to arrest the subject. The officer pulled the subject's arms behind his back and placed handcuffs on each wrist. The subject continued to pull away from the officer. The subject refused to sit in the officer's vehicle and so an officer applied pressure to his upper thigh with their right hand causing the subject's legs to buckle, causing him to remain in a seated position. The subject was transported to jail without injury to the subject or officer. FILED JUN 0 6 2022 February 2022 Use of Force Report City Clerk Iowa City, Iowa Page I COMMUNITY POLICE REVIEW BOARD (CPRB) COMMUNITY FORUM: SUMMARY Wednesday, April 20, 2022 — 6:00 PM Electronic Zoom Meeting Platform CPRB Members Present: Ricky Downing, Melissa Jensen, Jerri MacConnell, Saul Mekies Amanda Nichols, Orville Townsend, Stuart Vander Vegte. Staff Present: Kellie Fruehling, Tammy Neumann Others present: Patrick Ford, Legal Counsel, Laura Bergus, City Council Liaison, Dustin Liston, ICPD Police Chief The Iowa City Community Police Review Board (CPRB) held the annual Community Forum on Wednesday, April 20, 2022 at 6 p.m. Board member Melissa Jensen called the meeting to order. Board members were asked to introduce themselves. No correspondence was received pertaining to this forum. Orville Townsend conveyed the thrust of the role of the CPRB communication noting that Iowa City is one of the few cities in the country with such a Board. Essentially, the Board hears and reviews complaints by the public, noting that the CPRB also has an opportunity to give input to the City Council. Jensen asked for a clarification on the use of the words "sustain" and "not sustain" when the Board considers complaints. Ford (legal counsel) gave the following explanation: "sustained complaints mean we agree with the complainant, the citizen, who has made a complaint of wrongful conduct by an officer, and not sustained means the opposite." In other words, "not sustained" means the Board does not agree with the complainant." Townsend added that the Board thrives for fairness by looking at the evidence presented in the complaint, video clips, and the difficult situations that officers encounter. In lieu of lack of public participation in this forum, Nichols discussed recommendations by CPRB to the City Council that have been implemented, namely the following: • Expansion of the board from five to seven members • Change to allow a complainant a chance to respond to the chief's report; in the past the CPRB would only receive complaints directly from the public but now also receives complaints filed with the Iowa City Police Department • CPRB now receives valuable additional data on a quarterly basis • The statute of limitations to file a complaint has been lengthened from 90 days to 180 days Page 2 Addressing the Board through a chat sent to the Board, a member of the public (Redmond Jones II) asked Board members their view of recent events surrounding "a greater number of police shootings, excessive force, and other issues that has driven a wedge between the police department and the community," and steps taken to "build trust between the police department and the community outside." Nichols and Townsend responded by asserting that one of the CPRB's goals is to facilitate the kind of communication that encourages the public to communicate with the Board. Nichols added that past recommendations to the City Council that have not been implemented will be brought up again. MacConnell added that the Police Dept. now has a "non -police" liaison able to address mental health issues and other social issues. Nichols added that the equity director also receives a copy of the complaint. In answer to a question (Martha Shaw) about the percentage of "sustained," vs. "non -sustained" complaints, Fruehling indicated that the information is included in the annual report to the City Council. Nichols asked for more clarification/accessibility on that data. Seeing no other input from the public or other Board members, Nichols called for an adjournment. The community forum adjourned at 6:48 p.m. Page 1 COMMUNITY POLICE REVIEW BOARD COMMUNITY FORUM Wednesday, April 20, 2022 — 6:00 PM Electronic Zoom Meeting Platform CPRB Members Present: Ricky Downing, Melissa Jensen, Jerri MacConnell, Saul Mekies Amanda Nichols, Orville Townsend, Stuart Vander Vegte. Staff Present: Kellie Fruehling, Tammy Neumann Others present: Patrick Ford, Legal Counsel, Laura Bergus, City Council Liaison, Dustin Liston, ICPD Police Chief Call to order: Jensen: All right, I'd like to go ahead and call the meeting to order. This would be the Community Police Review Board Community Forum. Can we go ahead and have a roll call please? Jensen: Okay just, this, this is Melissa again for what it's worth. Um I show that that my camera is on but I'm not seeing a screen so just if you'd make a note of that. I apologize. Um I'd like to welcome everybody to the Community Forum, and we will go ahead, and I'd like to do an introduction of the board. Again, if I could get some assistance with that that would be good. Neumann: Okay, urn, if each of you could, uh, we'll start with...Melissa, why don't we just go ahead and start with you. Jensen: Okay. All right. My name is Melissa Jensen. I've been an Iowa City resident probably 24 years and uh previously on the Community Police Review Board. I stepped away for a while to another city board and now I'm back uh to provide uh support, assistance and work here in Iowa City at Mercy Hospital and uh welcome everybody to who's been able to join us Neumann: Thanks Melissa. Um Saul, would you introduce yourself. Uh no, I still can't hear you. Um okay. I don't know Kellie if you can take a look at Saul's? Uh so we'll go next to Stuart then, if you could introduce yourself. Vander Vegte: Can you hear me okay? Neumann: Yes Vander Vegte: Okay good. My microphone wasn't working. I'm Steve Vander Vegte. I've only lived here for about 3 years now. Um I work here at Mobile Crisis Counseling which, uh, is an organization that helps people in mental health crisis, um, and helps the police out uh quite a bit at times to deal uh the community in crisis. Um I was in the military, worked with the uh the military police in there, and I've Page 2 always had a good working relationship in the various communities with the officers I worked with and uh I'm going to enjoy working with the board. Thank you. Neumann: Thank you. Okay, Jerri, can you introduce yourself. MacConnell: Hi. I'm Jerri MacConnell. I've lived in Iowa city for about 12 years now and I've been on the board for about a year and a half, I think. Um, I was a psychiatric social worker when I lived in Cleveland. Um, I, I, um, I practiced for 23 years and then I moved to Iowa, and I'd like um to be able to give input to some of the emotional and psychiatric issues that come up on the board. Neumann: Great. Thank you. Ricky? Downing: Yeah Hi. Um, my name is Ricky Downing. Um, I've lived in Iowa City since 1980. Um I worked as a, a nurse for 34 years at the V.A. and also retired from the military. Um, and I'm learning to be a fulltime grandpa which is great. Neumann: Wonderful. Orville, could you introduce yourself, and we can see you now. And you are muted I believe. Townsend: Okay, I'm Orville Townsend and I've been in Iowa City since 1962. Uh, when I first came to Iowa City, it was a difference scene, different racial atmosphere, So, during the years that I've been here, after I graduated, I tried to be involved in as many civic activities as po, possible. Mainly my philosophy is if you see something wrong, uh, or they say they see something, I say try to get involved and make a difference. Uh I'm on my second term with the Community Police Review Board and I'd like to point out that Iowa City is one of the few cities in the country that has the Community Police Review Board. Neumann: Thank you. Saul, um, you are muted so if you could unmute yourself and see if we can hear you. And I see you are unmuted but we still cannot hear you. Um. MacConnell: Tom his volume up. Neumann: Well, my volume is up. I don't think that's the issue. Um. Okay. Well Saul, I guess we'll see what we can, if we can hear you at some point. Um Patrick, I don't know if you want to introduce yourself. Ford: Yeah sure. Hi everybody, my name is Pat Ford. I'm uh actually not a board member, I'm an attorney at the Leff Law Firm in Iowa City and I am ub counsel for the board. So, I'm independent counsel, I'm not employed by the City and I've been uh counsel for the board for seven or eight years now. Neumann: Thank you all. Um, Melissa do you want to take it over again. Jensen: All right. Do you want me to take it back or give it back to Orville? Townsend: No, you can, you can take it. Page 3 Jensen: Thanks Orville. Okay. Uh Item number 3 on the agenda is to Consider motion to accept correspondence and/or documents. I don't have the correspondence in front of me, so um Orville,1, go ahead Tammy. Neumann: I did not mean to interrupt you. We did not receive any correspondence Jensen: Okay Neumann: So, you can move on then to item number 4, which is, yeah.. Jensen: Okay, Item number four is Community, communicating, excuse me, with the CPRB, who we are and what we do. Neumann: That's correct. Are you able to, to elaborate on that? Townsend: I can take that one if she's... Neumann: That sounds good Orville Townsend: ...not comfortable with it. Jensen: Sure, that's fine Orville, thank you Townsend: Um, we are the Community Police Review Board and as I mentioned earlier, Iowa City is one of the few cities in the country that has one. Uh, our function is, is that if a citizen feels that he or she in terms of their contact or communication with the uh Iowa City Police Department, if they feel that they've been treated unfairly or did not receive the level of respect that uh they feel they were due, they can file a complaint with the Community Police Review Board. Once that complaint is filed, it basically gives information to board members to give us a chance to review the material and uh included in that material is the Police Chief report on the complaint. Each complaint is made, the police chief assess the situation and gives his uh, uh, urn ruling on whether or not the officer acted appropriately or inappropriately. Uh, once he files his report, then the board, we get that report and then we have a chance to look at any other information. Uh as you know our police officers have uh body cameras, uh squad cars have camcorders on the dash, so we have an opportunity to go in and look at information and after we've done that then we as a board can get together and make a ruling on whether we feel the officer acted appropriately or inappropriately. And that is whether that we will sustain or not sustain that officers uh, uh actions. Uh, one of the things that I find very positive about the board, we also have an opportunity to make recommendations to the City Council. We are an advisory board and one of our functions is to try to do everything we can to make the system better. Thank you. Jensen: Okay, other, other board members anybody like to um you know add anything. Orville thank you for that. That was, um, you did a great job. Anybody else want to add to a um a little tidbit to uh kind of our experiences or things we'd like to share with those attending the meeting? Okay. I'm not uh, not hearing anything Page 4 additional so I'd like to go ahead and move to item number five on the agenda, Public Discussion. So, I do know that we have some attendees so um Tammy, I don't know if there is anything additional we need to do with um for an attendee to comment but or to share their concerns. Neumann: Uh, actually I'm going to turn that over to Kellie, I... Jensen: Okay Neumann: ...I can see. Fruehling: Yeah, it looks like everybody is, is on zoom and not on a phone call. So, if you want to use the raise hand button if you want to ask a questions or um talk to the board about anything, uh just raise your hand and we'll we'll call on you and I'll promote you to uh to a panelist. Don't be shy. Jensen: So, I've gotta, I can jump in maybe and get it started. I've heard people ask this question before and I don't know if anybody's had this or not. When we talk about sustain or not sustain, I think that's confusing. Um, and if we could talk about that a little bit. I don't know, Pat, if you want to speak to that or anybody else but that's something that I've had questions about is what that really means. Ford: Sorry, did you all want me to comment about that. Jensen: I mean that's find if you'd like to. I just thought that was something that we've had questions about in the past. That might be helpful. Ford: Okay. Yeah sure. So, the language of sustained or not sustained when it refers to a complaint comes directly from the ordinance that creates the CPRB Board. And so, what that actually means is the board is determining whether to sustain the complaints that are in the written document submitted by the complainant. So, uh sustained complaints means we agree with the complainant, the citizen, uh who has made a complaint uh are of uh wrongful conduct by an officer and not sustained means the opposite. Meaning that the board decided that they do not agree with the complainant and thinks that uh the chiefs ruling on the issue was correct. Jensen: Okay. Thank you. Anybody, anybody else. Fruehling: Melissa, Amanda, Amanda is on. She must have gotten connected so. Jensen: Okay Fruehling: Oh, and you're muted. Nichols: I apologize. It is still telling me on my computer that it is waiting for the host to start the meeting. I don't know why. Um, and then I thought to try from my phone and it's working from my phone just fine, so I apologize to everybody. Townsend: Welcome Page 5 Jensen: Welcome. Do I get, does this mean I get to turn it back over to Amanda? Nichols: Yes, I can, I can take over. Jensen: Okay. We were at item number five, the public discussion. Nichols: Okay Jensen: If that's helpful. Nichols: Thank you Townsend: One of the things that I would share is from looking at complaints over the years is that, you know, we've had complaints uh filed, that when you look at all the material, initially it looks like the you know person that filed the complaint may have a valid reason. But then as we continue to look at the complaint and we look at all the available material then we find that there are other things involved and, and you know the person making the complaint they see just certain things and they uh determine how they feel about it and a lot of times they are just looking at one thing but when you look at what the officers responsibility is in terms of the action that he or she has initiated it makes a big difference. So, you know, I think we have to find a true balance and we basically want to make sure that the person filing the complaints rights haven't been violated but we also have to look at the reality that our officers are daily put into situations where they have to perform their duties and it's not an easy thing to do and they don't always get the outcomes that they'd like to. But basically, all in all I think they're doing a good job. Nichols: Do we have any members of the public with any questions. I don't see any hands raised right now. Um but we are welcoming both questions and input. One of the things that we do have the ability to do is make recommendations to policy changes, so I'm always interested in hearing what the community thinks about that since that is who we are serving. So, please feel free to raise your hand if anybody has any questions or comments at any point in time. Nichols: Um, have we talked about the changes that have been made to the board this year. Jensen: We have not. Nichols: Okay. So, last year we submitted recommendations for changes to the Iowa City Council and some of those changes have been implemented. Um, we have expanded the board from five to seven members whom are here tonight are newly appointed members from that expansion. Um, we have changed, the code has been changed to allow a complainant a chance to respond to the chiefs report. Previously the complainant would get one chance to make their complaint in writing. They would then receive the police chiefs report, when we receive the police chief reports and then we would do our own independent investigation. There's now an additional step where if the complainant gets the police chiefs Page 6 report back and has anything that they want to add or dispute they do have a chance to respond to that before we complete our investigation_ That was approved May of last year. We also used to only get complaints that were filed directly with us. Community members can file a complaint against an officer either directly with the Iowa City Police Department or with the Community Police Review Board. IF they were file directly with the Police Department, we would never see those. Now those do get forwarded to us on a monthly basement, or monthly basis. The chief agreed to that one. Um, we're also getting some additional data in our quarterly report that we did not used to receive. And the statute of limitations to file a complaint has been lengthened from ninety days to A hundred and eighty days, which is more in line with some of the other boards and commissions in town and the deadlines that they have. Anyone have any questions, questions or comments about any of those changes? Townsend: Uh, yeah, I don't have any comments about the changes, but I would just like to share that you know when it comes to uh police and the citizens a lot of times people kind of adapt attitudes that it's us against them. And, and, you know with the Community Police Review Board this definitely isn't the case. For example, you know, our police chief attends all of our meetings and when he can't attend, he sends a representative. So, you know, he's involved, he's there to give us input, and basically, you know, that's a big plus. So, you know I, I've, I've been really impressed with the way things are set up. Also, you know, the board has, we have our own attorney that's been appointed for us so anytime we run across issues that have legal boundaries that we are not comfortable with, you know, we can turn to our attorney and get uh you know uh feedback in terms of the direction we should take. So, you know, what I'd really like, you know, the citizens to walk away with is to focus more on the efforts that the City has put in place to protect the citizens' rights and give the citizens a voice. Nichols: Thank you Orville. I would like to clarify um for community members that the police chief or chief's representative um is present for the public part of the meeting, does leave for the executive sessions when we actually discuss complaints and do our investigation and the lawyer is present for the entire meeting for both parts of that. Did we go over the process for filing a complaint? Has that been discussed tonight? Townsend: I think so. Jensen: So, Orville to you talked a little bit about who we are and what we do. I, I wonder if um the process itself, though, like how when a complaint is filed kind of in general what happens, like how, when a complaint is filed, kind of in general what happens. Like how there's time, timing attached to each of the steps and things like that. If that would be helpful or not. Page 7 Nichols: Okay Yeah, um. I'm trying to find what I was looking for for this part. Um, so, from the time of an incident any person that has personal knowledge of an incident involving Iowa City police officer has a hundred and eighty days to file an initial complaint. Um, after they filed that initial complaint, they will then receive a report back from the chief of police after their initial investigation is done. I want to say too that the person can have a support person with them through every step of the process when they go into the police department to file a complaint if they choose to do it that way. Um, Otherwise, our complaint forms are now available online on the City website if you just Google the Iowa City Community Police Review Board you'll get to our area, and there is a link to file a complaint online now. Um after the police chief finishes his investigation and files a report, that report goes to the complainant and to us at the Community Police Review Board. And, then the complainant has 21 days from the time of the police chief s report to give a response to that report which we will then also get, and the police chief will get, and the police chief has 10 days left to respond to that at which point we then make a decision as to what level of review we're going to set the complaint at. Um, if we think we that we have enough information that we can discuss and make a decision as to whether was a violation or an act of misconduct or whether we need more information. And if we need more information there are a few different levels of review that we set that at that allow us to either request an interview with the complainant, which is always up to the complainant to consent to or not if they would like to speak with us and give us more information or um if they don't, they can always decline that and that can be over the phone or in person. Um and then we have 90 days to write our report as whether or not we think that the complaint should be sustained or not sustained based on ... one of the levels of review is also to review footage. We can review body cam footage and dash cam footage and our report is due like I said within 90 days to City Council. And then that report is public with identifying information removed. So, the names of the complainant and the names of the officers are not made public, but the rest of the report is. Anybody think that I, did I leave anything out? Anybody have any questions about that? Fruehling: Amanda there is a comment in the chat. Do you want to read that? Nichols: Let me, it's on my phone instead of Fruehling: Oh. I certainly can if you can't see it very well. Townsend: Could you go ahead and read that. Fruehling: Sure. Um it says,'as you know the country has witnessed over the recent years a greater number of police shootings, excessive force, and other issues that has driven a wedge between the police department and the community. Uh they're interested in hearing from the board their impressions of recent events. Uh Grand Rapids is an example, and if there are things that they can help build trust between Page 8 the police department and the community outside of strictly handling complaints. (asked by Redmond Jones II) Townsend: Can I take a shot at that, to begin with. Nichols: Yeah. I think that part of that is largely where our community forums and our ability to make recommendations to policy comes in. I think that there are definitely a lot of avenues through policy to reduce some of those situations and reduce some of the harm that can come from policing, um, and that is something that I'm really hoping to hear more of from the community as well in regards to suggestions for things that they would like to see us work on to that end. Townsend: And I would just like to share that, I'm big on communication and we're fortunate that if a citizen has a concern that has to do with law enforcement, you can contact the police department and request a meeting with the police chief. Because, you know, it's like, if you're not aware that a situation exists, you can't begin to put things in place to improve or rectify. MacConnell: I was going to say also that we only take complaints regarding Iowa City police officers. We don't take any complaints from Coralville or uh University policy or other departments. We get some people trying to complain through there and we have to refer them back to their own departments. Nichols: Yes, Coralville does have their own CPRB now and the university has a safety and security committee um that people can direct complaints to in those areas. Um and I also want to say that in off of what Orville said, in addition to being able to directly talk to the police chief, um I want to also emphasize that we recognize, at least I recognize that um if someone feels that they have been harmed by an officer that that might be something that is not comfortable or does not feel safe, and that is one of the reasons that we exist as a third party to file a complaint with. Um, again you can do that online now. Um you do not have to go into the police department, and you are able to have a support person with you through every step of the process to help you fill out those forms um with you if you do choose to meet and talk with us if we have more questions for you afterwards, etcetera. There, there are multiple avenues for making those complaints. Townsend: I would just like to touch upon in the area that we don't talk about that much, and that's mental illness. And uh as you know, ind individuals when they're having a mental illness episode uh you know they're not coherent in terms of what they're doing but I, I would say that from what I've seen over the years that I've been on the police review board, and just looking at materials that the training that our officers receive is really advantageous to that particular population. MacConnell: And the department does have policy for the police officers how how to deal with it, it's in the manual and urn that's one of the things that we can look at also. The Page 9 standard of review has to be on the re, how a reasonable officer would react. Um, so that's one of the main things. We want to be fair to the public and we want to be fair to the police officers and that can be a balancing act. But again, the board has lots of information that they can refer back to. By looking at the body cams, by looking at the car cams, and by talking to the police officer and finding out what the standards are and that type of thing. Nichols: And I personally would still like to see us work on, we tried, um with our bias based policing, um recommendation that we passed as a board that did not get approved by the city um because of conflicts with state law um but I would like to see us remove police from mental health circumstances as much as possible through policy and I'm not quite ready to give up on that one yet. I'd like to keep working on that as well for the rest of my term. MacConnell: And the police department does have um a person, a liaison now, who is able to go out and deal with mentally cases. They don't go originally because you don't know well, recently not around here, but some police officers got killed going out to domestic violence situation and um you also have to ensure the safety of whomever is going out to intervene. Um the social person that acts with the police goes out to follow-up on questions, um making sure people are getting services that they need if it's mental health or if its sociological or whatever, but then the individual always has the right to refuse to um take, act upon the recommendations. Fruehling: Amanda, I have another uh question in the chat and too if you want to address the board, you can use thee raise hand button. But the question is, is a CPR complaint form the same as the ICPD complaint form. If not, what are the differences. (asked by Kathleen Thornton) Nichols: Um they are separate forms. Um and I feel like I should know the answer to that question, but I cannot honestly say off the top of my head what the differences are other than where they are submitted to. That is something that we can look at and ... I mean like I said I know that our form is available on the CPRB City site um but I'm sure we could put up a side by side where we could include the one to discuss adding the one directly to the department right next to that, um, I imagine. Jensen: Amanda, does the um, when a complaint is filed, does the equity director also still receive a copy of that complaint. Nichols: As far as I know yes. I don't think there has been any change to that. Jensen: Okay Neumann: Um this is Tammy, Melissa, yes, she does receive a copy. Jensen: Okay. Thank you Page 10 Nichols: Do we have any other questions or comments from the community. Are there any other board members that have anything? Jensen: Amanda there is look like one more one more um comment in the chat, a question in the chat. Can you see it. Nichols: Is there data reflecting the number of complaints received and the number that are sustained versus unsustained. (asked by Martha Shaw) I know that that data exists. I believe um Tammy or Kellie can please tell me if I'm wrong about this. On the website I know you can link directly to all of the public complaints. Does that, is that summarized at the top or bottom there how many of those per year were each way. Fruehling: I'll take that one Tammy. Um we do, the board does do an annual um report uh that does have the numbers. It's on a fiscal year and not a calendar year. Um but there is also uh City Manager's office compiled a, a bunch of data that's on the Black Lives Matter webpage. So, I think its icgov.orglBlackLivesMatter that has um over time all of the information compiled uh and in a report on that webpage. Nichols: Could we also, because I know that when we when you go to look at the public report, they're in folders by years. Would it be possible to discuss having in each of those folders just at the top before each report, before the list of all reports having so many out of so many sustained in each fiscal year calendar. Fruehling: We can have that we can have that as a discussion point at our next board meeting. Nichols: To make that information a little more accessible. Townsend: Good Point. Nichols: Do any other board members or city representatives have anything that we haven't covered? Otherwise, I guess maybe another moment for public opportunity for comment or question and if none come up then we look at adjourning. Feel free to raise your hand if you have anything you would like to add. Okay, um I will motion to adjourn. Townsend: I'll second that. Nichols: All those in favor Nichols: Community forum adjourned at 6:48. Thank you MEMORANDUM DATE: May 11, 2022 TO: CPRB Board Members FROM: Patrick J. Ford Re: proposed revision to Ordinance 8-8 At your request, and for your consideration, I am proposing that the following be inserted as new subsection 8-8-3(F) of the CPRB ordinance: If any portion of a handwritten complaint is so illegible that the Police Chief and/or the board cannot determine either the complainant's understanding of the facts, or the basis of the complainant's allegation of misconduct, then the Police Chief and/or the board may request that the City Clerk contact the complainant for the purpose of clarifying any such illegible words set forth in the handwritten complaint. If the complainant fails to cooperate with the City Clerk in this regard, such failure may be grounds for finding the complaint to be "not sustained", in the event the Police Chief and/or the board cannot determine either the complainant's understanding of the facts, or the basis of the complainant's allegation of misconduct. MEMORANDUM DATE: June 2, 2022 TO: City of Iowa City Council FROM: Community Police Review Board Members Re: proposed amendments to Ordinance 8-8 requested by 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. (Suggested additions are shown with underlined text and suggested deletions are shown with st-"k ogh text.) 1. Subsection 8-8-5(B)(6) shall be amended to read as follows: 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. Within seven days after such meeting. the Police Chief andlor City Manager may, in the Police Chiefs or City Managers discretion issue an amended Investigative report for the board's consideration. 2. Subsection 8-8-7(B)(1) shall be amended to read as follows: 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. Hire independent investigators. Any time after the board selects a level of review, the board may, on a simple ma'orit vote select any other or additional level of review. 3. Subsection 8-8-7(B)(2) shall be amended to read as follows: 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 city M issue a report that disagrees with the decision set forth in the Police Chiefs and/or City Manager's report only if: a. The Police Chiefs or Ci Mana er's findings and/or conclusions are not supported by substantial evidence; b. The Police Chiefs or City Manager's findings and/or conclusions are unreasonable, arbitrary or capricious; or a The Police Chiefs or City Mana er's findings and/or conclusions are contrary to a Police Department policy or practice, or any Federal, State, or local law. 4. Subsection 8-8-7(B)(3) shall be amended to read as follows: 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 M B7 of this section. When collecting 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. Subsection 8-8-7(B)(4) shall be amended to read as follows: If the board disagrees with the decision of the Police Chief or City Manager with respect to the allegations of misconduct, the board and the Police Chief and/or City Manager shall meet in closed session to discuss their disagreement about the complaint. If the board requests the City Manager's presence at its meeting with the Police Chief, 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. Within seven days after such meeting, the issue an amended investigative report for the board's consideration. 6. The following shall be inserted as new subsection 8-8-7(B)(5), and the subsequent subsections shall be re -numbered accordingly: 8. 9, 10. 11. 12. 3 Any time prior to the issuance of the board's public report to the City Council, any member of the board may make a motion to vote again on whether to sustain or not sustain the complaint. Subparagraph 8-8-7(B)(5) of shall be re -numbered as subparagraph (B)(6). Subparagraph 8-8-7(B)(6) of shall be re -numbered as subparagraph (13)(7). Subparagraph 8-8-7(B)(7) of shall be re -numbered as subparagraph (13)(8). Subparagraph 8-8-7(B)(8) of shall be re -numbered as subparagraph (B)(9). Subparagraph 8-8-7(B)(9) of shall be re -numbered as subparagraph (B)(10). Subparagraph 8-8-7(B)(10) of shall be re -numbered as subparagraph (B)(11). COMMUNITY POLICE REVIEW BOARD OFFICE CONTACTS JUNE 2022 Date Description None June 14, 2022 Mtg Packet COMMUNITY POLICE REVIEW BOARD COMPLAINT DEADLINES CPRB Complaint #22.0& Filed: 04/07/22 Chief's report due (90 days): 07/06/22 Chief's report filed: 06/01/22 Complainant's response to the Chief's report (21 days to respond, no response received) 06/22/22 Chief/City Manager response to the Complainant's response (10 days to respond): ??/??/?? CPRB meeting #1 (Review): ??/??/?? CPRB meeting #2 (Review): ??/??/?? CPRB report due ??/??/?? (90 days from the date of the Chief/City Manager's response to the complainant or Complainant's response deadline if no response received) CPRB Complaint_#22-07 Filed: 05/19/22 Chief's report due (90 days): 08/17/22 Chief's report filed: ??/??/?? Complainant's response to the Chief's report ??/??/?? (21 days to respond, no response received) Chief/City Manager response to the Complainant's response (10 days to respond): ??/??/?? CPRB meeting #1 (Review): ??/??/?? CPRB meeting #2 (Review): ??/??/?? CPRB report due ??/??/?? (90 days from the date of the Chief/City Manager's response to the complainant or Complainant's response deadline if no response received) June 14, 2022 Mtg Packet CPRB Complaint #22-08 Filed: Chief's report due (90 days): Chief's report filed: CPRB meeting #1 (Review): CPRB meeting #2 (Review): 05/19/22 08/17/22 05/24/22 06/14/22 CPRB report due 08/22/22 (90 days from the date of the Chief's Report) TENTATIVE MEETING SCHEDULE July 12, 2022 August 9, 2022 September 13, 2022 Updated 61812022 COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5043 Jerri MacConnell Term: July 1, 2019—June 30, 2023 320 E Washington St Apt 10-D Iowa City, IA 52240 (H)319-333-1096 n e l li a 1896(dIg ma i l. com Orville Townsend. Sr. Vice -Chair 713 Whiting Ave Iowa City, IA 52245-5644 (H) 319-354-5995 (C) 319-331-3482 orville.townsend ahotma i I.com Amanda Nichols 2713 East Court St Iowa City, IA 52245 (C) 319-677-1153 d i rectorQcorridorcan.com Saul Mekies 2151 Abbey Lane Iowa City, IA 52246 smekiesC&kirkwood. ed u Melissa Jensen 830 Elliot Ct. Iowa City, IA 52246 (C)319-530-5490 tigger1033(&hotmai I. com Ricky Downing 1112 Weeber Circle Iowa City, IA 52246 (C)319-400-0931 rltd44 5.gmail.com Stuart Vander Vegte 2625 E. Washington St. Iowa City, IA 52245 (C)612-236-6128 stuartvv68na gmail.com Term: July 1, 2020 — June 30, 2024 Term: July 1, 2020 — June 30, 2024 Term: July 1, 2021 —June 30, 2025 Term: July 1, 2021 — June 30, 2025 Term: Upon appointment — June 30, 2026 Term: Upon appointment — June 30, 2026 Updated 61812022 Patrick Ford, Legal Counsel Leff Law Firm, L.L.P. 222 South Linn Street Iowa City, IA 52240-1601 (0)319-338-7551 (C) 319-430-1549 fordalefflaw.com City Council Liaison — Laura Ber us 319-541-9677 lau ra-beMus(a)iowa-city.org CPRB Staff — Tamm_ v_ Neumann 319-356-5043 tamm-neumann Iowa-cit .or City Clerk — Kellie Fruehling 319-356-5041 kel I ie-fruel i na(cDiowa-citv.orq Equity Director -Stefanie Bowers 319-356-5022 stefanie-bowers@i0wa-city.org Police Chief — Dustin Liston 319-356-5271 dusfin-Liston 0iowa-city. orq City Legal- Sue Dulek 319-356-5030 sue -Du lek(a) iowa-city. org