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HomeMy WebLinkAbout01-09-2024 CPRB Meeting Packet - Postponed to 1-11-24POSTPONED DUE TO WEATHER AGENDA COMMUNITY POLICE REVIEW BOARD TUESDAY, JANUARY 9, 2024 — 5:30 P.M. HELLING CONFERENCE ROOM You can watch the meeting online at any of the following websites: hftps://citychannel4.com/live hftps://www.youtube.conituser/citychannel4/live In order to encourage greater input from the public, the Commission intends to offer the opportunity to participate in the meeting remotely. However, this meeting is an in -person meeting. In the event of technological problems, the meeting will continue in -person, so those wishing to ensure their ability to participate should attend the meeting in -person. If you wish instead to participate remotely, you may attempt to do so by joining the meeting via Zoom by going to the link below to visit the Zoom meeting's registration page and submit the required information. Once the registration is complete, 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. Link: https://us06web.zoom.us/webinar/register/WN eFHH3s4xSOVLrLFW1Vpxig Meeting ID: 841 9426 0761 410 E. Washington Street ITEM NO. 1 CALL TO ORDER and ROLL CALL ITEM NO. 2 CONSIDER MOTION ADOPTING CO T CAL D/ AS PRESENTED OR AMENDED • Minutes of the meeting on ecember 12, • ICPD Policy and to Co Section oke Holds • ICPD Memoran — Qua Sum ry Report IAIR/CPB, 4�" Qtr. 2023 • Correspon ce a ro ara Recker (staff response include ITEM NO. 3 NEW SI SS • I Ch old P)li Discussion • Reco . io a Police Department ITEM NO.4 Ifyo ill need dis bi -related accommodations to participate in this program/event, please contact Tam umann 319-356-5043, tneumann@iowa-city.org. Early requests are strongly encouraged to allow me to meet your access needs. CPRB-Page 2 January 9, 2024 ITEM NO. 5 ITEM NO. 6 ITEM NO. 7 ITEM NO. 8 ITEM NO. 9 ITEM NO. 10 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). BOARD INFORMATION STAFF INFORMATION MEETING SCHEDULE and FUTURE AGENDAS • February 13, 2024, 5:30 p.m. — Helling Confere • March 12, 2024, 5:30 p.m. — Helling Confere F • April 9, 2024, 5:30 p.m. — Helling Confere c • May 14, 2024, 5:30 p.m. — Helling Conference CONSIDER MOTION TO ADJOURN XECUTIVI Section 21.5(1)(a) of the Code of Iowa to ew or di: required or authorized by state or federal la be ke confidential as a condition for receipt of federal funds, and . personnel records of pub' di g supervisors and scho istric , an 7(5) ce officer investigative reports, except where disclo aut ized a ere in the Code; and 22.7(18) Communications req y I w, ul r procedure that are made to a s emp ees by identified persons outside of ernment body receiving those rs outside of government could reasonably it be discouraged from making them to that available for general public examination. V based on rds which are itial or to be kept government b or t� any government, the extent t communigati from such t governmen y's ssession or continued 1) person I in ation in confidential es ludin b limited to cities boards of Ifyou will need disability -related accommodations to participate in this program/event, please contact Tammy Neumann at 319-356-5043, tneumann@iowa-city.oi'g. Early requests are strongly encom-aged to allow sufficient time to meet your access needs. MEMORANDUM COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City DATE: January 5, 2024 TO: CPRB Members FROM: Tammy Neumann RE: Board Packet for meeting on TUESDAY, JANUARY 9, 2024 The following documents for your review and comment at the next board meeting are included in the Agenda Packet emailed to you on January 5, 2024 • Agenda for January 9, 2024 Meeting • Minutes of the meeting on December 12, 2023 • ICPD Policy and Iowa Code Section re: Choke Holds • ICPD Memorandum — Quarterly Summary Report IAIR/CPB, 4ch Qtr. 2023 • Correspondence received from Tamara Recker (staff response included) • Office Contacts — December 2023 Complaint Deadlines AGENDA COMMUNITY POLICE REVIEW BOARD TUESDAY, JANUARY 9, 2024 — 5:30 P.M. HELLING CONFERENCE ROOM 410 E. Washington Street You can watch the meeting online at any of the following websites: https:Hcitychannel4.com/live httos://www.youtube.com/user/citychannel4/live In order to encourage greater input from the public, the Commission intends to offer the opportunity to participate in the meeting remotely. However, this meeting is an in -person meeting. In the event of technological problems, the meeting will continue in -person, so those wishing to ensure their ability to participate should attend the meeting in -person. If you wish instead to participate remotely, you may attempt to do so by joining the meeting via Zoom by going to the link below to visit the Zoom meeting's registration page and submit the required information. Once the registration is complete, 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. Link: httos://us06web.zoom.us/webinar/register[WN eFHH3s4xSOvLrLFW1Voxjq Meeting ID: 841 9426 0761 ITEM NO. 1 CALL TO ORDER and ROLL CALL ITEM NO. 2 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED ORAMENDED • Minutes of the meeting on December 12, 2023 • ICPD Policy and Iowa Code Section re: Choke Holds • ICPD Memorandum — Quarterly Summary Report IAIR/CPB, 4th Qtr. 2023 • Correspondence received from Tamara Recker (staff response included. ITEM NO. 3 NEW BUSINESS • ICPD Choke Hold Policy Discussion Recognition of Iowa City Police Department ITEM NO. 4 OLD BUSINESS None 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 If you will need disability -related accommodations to participate in this program/event, please contact Tammy Neumann at 319-356-5043, tneumann@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. CPRB-Page 2 January 9, 2024 ITEM NO. 7 STAFF INFORMATION ITEM NO. 8 MEETING SCHEDULE and FUTURE AGENDAS • February 13, 2024, 5:30 p.m. — Helling Conference Room • March 12, 2024, 5:30 p.m. — Helling Conference Room • April 9, 2024, 5:30 p.m. — Helling Conference Room • May 14, 2024, 5:30 p.m. — Helling Conference Room 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 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 program/event, please contact Tammy Neumann at 319-356-5043, tneumann@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. rrr;T® COMMUNITY POLICE REVIEW BOARD MINUTES — DECEMBER 12, 2023 CALL TO ORDER Chair Melissa Jensen called the meeting to order at 5:30 P.M. MEMBERS PRESENT: Ricky Downing, Jessica Hobart, Melissa Jensen, Jerri MacConnell, Saul Mekies, Amanda Remington, Orville Townsend MEMBERS ABSENT: None STAFF PRESENT: Staff Tammy Neumann, Legal Counsel Patrick Ford OTHERS PRESENT: ICPD Chief Dustin Liston CONSENT CALENDAR Motion by Townsend, seconded by MacConnell to adopt the consent calendar as presented. • Minutes of the meeting on November 14, 2023 • Office Contacts — November 2023 • Complaint Deadlines Motion carried 7-0. NEW BUSINESS None OLD BUSINESS Follow-up Discussion — CPRB Meeting Flow & Processes: Townsend asked what the issue was that was discussed at the previous meeting. Jensen explained that there was some concern about the flow of the meetings. She believes the binders provided by staff for each of the CPRB board members should help with this. Remington said she would put together a summary of Robert's Rules to share at the January meeting. PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA No public comment. BOARD INFORMATION Mekies asked to discuss the Iowa City Police Department's policy on choke holds at the next meeting. This item will be added as a new business item to the January 2023 agenda. Townsend asked to discuss Iowa City Police Department recognition at January meeting. This item will be added as a new business item to the January 2023 agenda. STAFF INFORMATION None. CPRB December 12, 2023 Page 2 TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to chanste • January 9, 2024, 5:30 PM, Helling Conference Room • February 13, 2024, 5:30 PM, Helling Conference Room • March 12, 2024, 5:30 PM, Helling Conference Room • April 9, 2024, 5:30 PM, Helling Conference Room Jensen will be absent from the March 12, 2024 meeting. The Board agreed that no changes are necessary to the existing meeting schedule. Motion by Townsend, seconded by Remington, 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 7/0. Open session adjourned 5:38 p.m. REGULAR SESSION Returned to open session at 5:53 p.m. Motion by Remington, seconded by Townsend, to set the level of review for CPRB Complaint 23-10 at 8-8-7(B)(1)(a) on the record with no additional investigation. Motion carried 7-0. Motion by Mekies, seconded by Townsend, to set the level of review for CPRB Complaint 23-11 at 8-8- 7(B)(1)(a) on the record with no additional investigation. Motion carried 6-0. Remington abstained. Motion by Mekies, seconded by Townsend, to set the level of review for CPRB Complaint 23-12 at 8-8-7(B)(1)(a) on the record with no additional investigation. Motion carried 6-0. MacConnell abstained. Motion by Remington, seconded by Townsend, to summarily dismiss CPRB Complaint 23-13 per 8-8-3(D) "A Complaint to the board" is an allegation of misconduct lodged against a sworn police officer ("police officer" or "officer") employed by the Iowa City Police Department, where the complained of activity occurred while the officer was acting in the capacity of a sworn police officer. Motion carried 7/0. CPRB December 12, 2023 Page 3 ADJOURNMENT Motion by Mekies, seconded by Townsend, to adjourn. Motion carried 7/0. Meeting adjourned at 5:57 p.m. a N m X X X x x X x I e� 0 m o� m r x x X x x x x I a N W x i k o c X x I m m Al 3 N n k i x x x x x x e� N 0 m N x i x x x x X x 0 m N_ e x I c x x x x x N O N e m e v o 0 0 0 FX Y _d � 6f 300.3.5 CHOKE HOLDS, LATERAL NECK RESTRAINTS, AND SIMILAR COMPLIANCE TECHNIQUES Best Practice MODMED a. Choke holds, lateral neck restraints, and similar compliance techniques that are specifically designed or intended to restrict the ability to breathe or the flow of blood to the brain, or any intentional and prolonged application of force to the throat or windpipe of another that prevents or hinders breathing or reduces the intake of air, are prohibited except: 1. Where a person cannot be captured any other way; and 2. The person has used or threatened to use deadly force in committing a felony, or a. The officer reasonably believes the person would use deadly force against any person unless immediately apprehended; [Note: 1 and 2 are requirements that must be present before the exception on the use of chokeholds in Section 804.8 of the Iowa Code applies.], and 3. It is the only reasonable means of protecting oneself or a third party. [Note: 3 is an additional City of Iowa City requirement that must be present before the exception applies.] b. If utilized, the technique must be immediately loosened or released if the individual on whom it is being applied becomes compliant. c. Any individual who has been subjected to a lateral choke hold, neck restraint, or similar compliance technique, regardless of whether he/ she was rendered unconscious, shall be promptly examined by emergency medical services and shall be monitored until examined by medical personnel. d. The officer shall inform any person receiving custody, or any person placed in a position of providing care, that the individual has been subjected to a choke hold, lateral neck restraint, or similar compliance technique and whether the individual lost consciousness as a result. Any officer applying a choke hold, lateral neck restraint, or similar compliance technique shall promptly notify a supervisor of the use or attempted use of such hold. A use of force report shall be completed FILED JAN 02 2024 City Clerk Iowa City, Iowa OF ACTIONS —ARREST — DISPOSITIONS OF PRISONERS, §804.8 804.8 Use of force by peace officer making an arrest. 1. A peace officer, while making a lawful arrest, is justified in the use of any force which the peace officer reasonably believes to be necessary to effect the arrest or to defend any person from bodily harm while making the arrest. However, the use of deadly force or a chokehold is only justified when a person cannot be captured any other way and either of the following apply: a. The person has used or threatened to use deadly force in committing a felony. b. The peace officer reasonably believes the person would use deadly force against any person unless immediately apprehended. 2. A peace officer making an arrest pursuant to an invalid warrant is justified in the use of any force which the peace officer would be justified in using if the warrant were valid, unless the peace officer knows that the warrant is invalid. 3. For purposes of this section, "chokehold" means the intentional and prolonged application of force to the throat or windpipe that prevents or hinders breathing or reduces the intake of air. [C51, §2844; R60, §4553; C73, §4205; C97, §5200; C24, 27, 31, 35, 39, §13472; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §755.8; C79, 81, §804.8] 2013 Acts, ch 90, §238; 2020 Acts, ch 1037, §2 Referred to in §704.12. 811.8 Reasonable or deadly force, see chapter 704 FILED 'AN 02 2024 City Clerk Iowa City, Iowa Sun Jan 01 19:53:09 2023 Iowa Code 2023, Section 804.8 (19, 0) Memorandum TO: File FROM: Captain Denise Brotherton RE: Quarterly Summary Report IAIR/CPRB, 4th Quarter 2023 DATE: January 2, 2024 Attached you will find the IAIR/CPRB 2023 4th quarter summary report for the Iowa City Police Department Internal Affairs/Community Police Review Board investigative file. There was 1 non -criminal investigation involving unknown ICPD employees for improper conduct that was received externally through a written CPRB complaint. The investigation is active while additional information is sought on possible involved ICPD employees. There was 1 internally driven non -criminal complaint against 1 ICPD employee for an improper action that is currently under review. ... 67,:4:'. Lt. Fink FILED JAN 02 2024 City Clerk Iowa City, Iowa IAIR / CPRB Summary MMMW 23-12 MOMW rtemormeflocklm t0aatimoffnaipeet IlatOWBM TypeotfevesMatim Beoolrom grim ofCmpalR 11/242023 22:30 7001olk Riverside Dr 11/29/2023 Improper Action Internal wUNI, 23-13 7w MMW Date and rme of Widont tuatim of YrLort Ilssimed Date Type of Inestiptim Rosdam Orrin of CamW1t 23-15 10/1,2023 305 SLucas St 12!2012023 Improper Conduct External Tuesday, January 2, 2024 Page 1 of 1 !FILED JAN 02 2024 City Clerk Iowa City, Iowa. Tammy Neumann From: Tami Recker <reckertami@yahoo.com> Sent: Thursday, December 28, 2023 5:15 PM To: Community Police Review Board Subject: CRPD letter A ** This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. ** Dear CRPB Members, Please kindly consider my letter. Sincerely, Tamara Recker x - Samuel McElmeel �I IED DEC 282023 City Clerk Ay, Iowa FILED December 27. 2023 DEC 3 8 2023 City Clerk Iowa City, Iowa Re: Samuel P. McElmeel May 11,2023 call for welfare check/assistance to non emergency number resulting in harassment charge, request for removal of charge Tamara Recker 1917 1 Street Iowa City, Iowa 52240 To Whom It May Concern, My name is Tamara Recker and I am Samuel (Sam) Peter McElmeel's mother. I respectfully request that the charges against my son, Sam, of harassment toward me, stemming from an incident on May 11, 2023, be removed from my son's record. I understand that there is a process for appeal for the defendant. And although I am not a lawyer, a Judge, a psychiatrist, or a police officer, I am a mother. So, as a parent who supports and knows her son, and as the only consistent, and forever advocate for my son, I pray that my words here will have some influence in this past conviction, and Sam's other pending legal charges. I feel that because of how this incident was handled, and how Sam was in crisis, and just needed help, it created a cascade of damage to my son, his ongoing struggle with his mental health, and to our family. Thus, the original charge of harassment, as well as subsequent charges, in fairness to my son, should be reconsidered. I humbly ask for compassion in that consideration. On May 11, 2023, 1 contacted the Iowa City Police Department for a welfare check on my son, because in our communication that day, Sam seemed distressed, and was clearly intoxicated. This welfare check, which was initiated by me on the non -emergency phone number, resulted in a harassment charge for Sam, where I was the alleged victim. But I had specifically asked for the welfare check, because in previous situations, law enforcement was able to talk Sam down, or convince him to "sleep it off'— with little, to absolutely no, problems. Though I do understand that the officers on scene that day, did what in their minds was "right", I was shocked at how differently this situation played out! Especially when comparing them to past — and successful, not escalating — interactions Sam had with the ICPD. I have been a resident of Iowa City, Iowa, for thirty-three years. I am a twenty-year employee of the VA Hospital, in Iowa City. I am a medical support assistant in the outpatient mental health clinic. I work on a daily basis on the phone and in person with people in crisis, and those seeking routine, follow-up mental health care. I have years of observing folks in crisis, and recognizing what they need, at that moment, to dramatically calm the experience for them. In fact, some return patients specifically request me, because even a simple office visit can be an anxiety -ridden experience for them. On that day, May 11, 1 was not afraid of my son, in regard to my own safety, and I had told the Assistant County Attorney, Haley Huddleston this, over the phone. Yet, she wrote in her initial report to the Court, that I would testify that I was afraid of my son. I was not. Sam had been drinking, I did not know how much, so I WAS concerned about his well-being, specifically his mental health, or worse, the possibility of alcohol poisoning. Before all this, my son had experienced significant mental health stressors. Sam has Post Traumatic Stress Disorder which was caused by his father who was verbally and physically abusive to Sam. (Sam's father and I divorced when he was three years old). Sam also has Attention Deficit Disorder. Beginning in January 2021 Sam was under the care of a psychiatrist. This was treatment he elected to pursue. He was compliant with his medication, had been scrupulously keeping his appointments, and his health was improving. He was enrolled in college, completing a degree in computer programming. He was in good health, exercising, and keeping a good routine. He was working to help others with their yards/gardens, he was staying with me to get on his feet. Sam enjoys helping people. And in turn, he did the housekeeping, cooking and grocery shopping, and yard work. He kept a regular schedule. He was on the lease, and his name remains on the lease to this day. It is important to note that Sam had an address, as in future issues Sam is named by the police and the local media as homeless. He had just secured a job working in an auto detailing business. In hindsight, I regret calling the police. But I was worried about my son, and having had previous interactions with the police with no issues, I had no reason to think things would go so terribly wrong. When the police arrived, Sam was calm. He stepped outside as asked. He spoke with them, too. After a lengthy discussion, we decided on a plan that either Sam go to Guidelink, or not stay here for the day, as he seemed in disagreement with the fact that his drinking was not an issue. (But of course, that's what an intoxicated person thinks.) Sam was not aggressive to me or to them. Admittedly, he had been drinking heavily, but instead of getting violent, he was quite subdued. Sam has never physically attacked me, nor has he ever attacked an officer of the law. Also, Sam was known to the Iowa City police department, and I had previously seen how other officers had dealt with him in an appropriate fashion, taking into consideration his mental state, including his PTSD diagnosis and level of intoxication. Emotionally, on some level, Sam knew he was facing other charges which would most likely result in a dismissal, to the best of his knowledge. But the fear of the other charges were wearing on him. I know this was on his mind constantly, especially before he was drinking that day. Then Sam asked me to go in and get his things. I said "no, you can go inside and get them.", thinking that he was already in a vulnerable situation, having "his Mom get his tF mitt, ED make it worse. DEC 3 S 2023 amity Clerk Iowa City, Iowa I admit to misjudging that, because at that point things took a different turn: Sam flippantly, and while still quite drunk, told one officer "when you guys leave I am going to beat her up". This was a comment of a person still under the influence and should not have been taken as a direct, meaningful threat. Unbelievably bad timing on Sam's part, but as his Mom, I recognized the tone of his remark as not one of anger, but rather one that sounded like he was joking. And, isn't it common knowledge that folks who are drunk don't always mean what they say? Again, Sam was not threatening in his demeanor. He said something dumb. I was not afraid he would harm me physically, or afraid he'd harm an officer. Nevertheless, the officer said that he was going to arrest him for saying it. And I was brokenhearted. I have agonized over several months, that with only a bit more understanding, the outcome here could have been profoundly different. Maybe the police could have charged him with disorderly conduct or just told him as long as you can agree to go, we will leave. I am not a police officer, but I have seen officers deal with people who are under the influence or in a state of emotional distress, that results in no one going to jail. I know it is possible, in fact, it happened with Sam, previously, and with the same police department. Things got worse. I did not know then that the County Attorney apparently has a process of automatically filing a No Contact Order. Nonetheless, this became a serious roadblock to Sam getting the help he needed. With the No Contact Order in place, that I did NOT request, that I in fact said "no" to, I still could not contact my son, at such a crucial point in this ordeal. I was already shocked that he had been arrested that day at my home, and truly feared if I tried to contact Sam at the jail — including inquiring about him having his medication, KEY to his mental health —that I would be in some sort of violation and end up in jail. On Monday, May 15, 2024 1 went to the Johnson County Attorney's office to ask to talk to someone about lifting the No Contact Order. They had me talk to a Victim Advocate. I said, "I am not a victim. I am the Mother of the defendant." I said I wanted to be permitted to pay his $100 bail and have him come home, to the residence we shared. Sam is actually on the lease, too. It should be noted that in future charges, Sam was described as homeless. He was not a person without a home. This is confounding and demoralizing to my son, my daughter and 1. Think about what that does to Sam's mental health, in jail, alone, especially after he's sobered up. And for our family, we are so broken and saddened. I was told that if I wanted to request that the No Contact Order be lifted, I could go to the Courthouse on Thursday, May 18, and meet with someone. So I did. I met with a Victim Advocate and someone from DVIP. Again, and with all due respect, this is not what I needed. I have respect for victims of domestic violence and the people who work with them. But I was NOT a victim, and needed to simply lift a No Contact Order I did not request. FILED DEC S 8 2023 City Clerk Iowa City, Iowa FILED DEC 2 8 2023 Because I could not communicate with Sam, nor even pay his bail, Sam, in an aAy yerk Iowa desperation and severe stress, with his mental health seriously compromised, accepted a plea to get out of jail. I was informed by the county attorney's office that Sam had accepted a plea deal, which happened sometime on May 22 or 23. 1 called the jail asking about his release, and was told there was a delay due to paperwork/processing, and he was released later the night of May 24. I spoke with Haley Huddleston once again requesting that the no contact order be lifted. I stated most insistently that I did not believe my son would hurt me and that his words were a result of intoxication. Ms. Huddleston informed me that the plea Sam accepted included a substance abuse and mental health evaluation (due by July 24 or 25). 1 was so relieved! Finally, my son would be getting a real, desperately needed evaluation, especially now, after all he'd been through. Also, finally, Ms. Huddleston had the No Contact order lifted on May 24. When Sam came home, he was exhausted and sleep deprived. He did not have his prescribed mood stabilizing medication while in jail, was suffering from back pain, and was angry at me. After all, he had read County Attorney Huddleston's report to the Court, that I would testify that I was afraid of my son, when all I've tried to do is get him the help he needed. But I knew a larger problem was afoot. Gone was the Sam that, before May 11, seemed to be making real progress in addressing his mental health, as an established patient, keeping regular appointments. Before May 11, he'd just gotten a new job, was going to college, loved helping people around him, and was pursuing his dreams. Instead, after his arrest and jail time, he stayed away from home, he'd lost that job, had to drop out of college, he was frustrated, felt betrayed by everyone, he felt diminished, and lost. His own perception of whether he needed mental health help was distorted, which showed how much progress had been lost. He even said at one point that he did not think a mental health evaluation was part of his plea agreement. The Sam I knew had disintegrated. I knew he needed serious help and I felt the only way I could provide it for him was for him to be a court ordered inpatient mental health evaluation. Although County Attorney Huddleston had specified a mental health evaluation as part of Sam's plea, it needed to happen now, and it just had not happened. I knew that if he could be evaluated as an inpatient, then he could have a chance to stabilize, and next there would be a proactive course of action. And maybe, we could restore the progress Sam had made before May 11. Sam had not been staying with me and after the legal mental health evaluation had been ordered by the Court the next time Sam surfaced at my home I discreetly called the police department, requested an officer, and was told we would be seeing the mental health officer for the community. Sam was in the shower. Sam got out of the shower and saw the patrol car park out front. He was scared. Thinking I would see a mental health professional, I recognized a police officer from one of Sam's previous altercations. But I opened my door and said, "He is in the bathroom... he is afraid, he does not have a weapon." I was then alarmed, because the officers had a fierce look on their faces, and shoved past me. I followed them as they rushed to our tiny bathroom (room for only one person). The officers grabbed Sam, as he's crying out that he has PTSD. He was not being dangerous. They were trying to cuff him, I could see they were hurting him, and I was pleading with them that this was for a mental health evaluation, NOT an arrest! Then the officer told me I could have been arrested. Sam did eventually have a mental health evaluation — but it lasted less than twenty four hours ... it was under my request along with his sister for an for an inpatient mental health evaluation, No one called me from the hospital, and the court did not have a hearing. Sam has been in jail ever since. And he still needs help. The mental health bed shortage in our state is clearly creating crisis situations for citizens and their families. It is my belief that the jail time from May 11 to May 24 profoundly destabilized Sam. I hope not irrevocably. I trusted the police, twice, to assist, not arrest. But now Sam's trust in me as his mother is greatly damaged. Sam has a lot to offer the world, like anyone. Smart, resourceful and hard working. The child I know inherited the "farming gene' from our family's generations of Iowa farming, with Sam not being able to enjoy the vegetables he planted in an amazing garden last spring. Sam is an avid cyclist, riding his bike everywhere to help neighbors and friends with their gardens and yards. Please accept this statement in this affidavit that I would not have pressed charges, so the charge of harassment should not be on Sam's record. If I'd had the opportunity, I would have stated my case as I have in this writing — because I was never in fear for my safety around Sam, as I told County Attorney Huddleston, more than once. I am asking that the Johnson County Attorney office to really listen to the voices of residents advocating for their loved ones. Especially when a family member is in a mental health crisis and needs timely help. Situations like ours make people afraid to call the police, which destroys trust, and ultimately tears at communities. And the problems only escalate. I still believe my son can return to living a stable life, and like many, maintain his mental health and maybe even some day help others in this cause. I pray for your compassion and respect as a mother and citizen in Johnson County. Thank you, Tamara A. Recker FILED DEC 8 8 2023 City Clerk Iowa City, Iowa Tammy Neumann To: Tami Recker Subject: Letter to the Community Police Review Board (CPRB) dated December 28, 2023 Good Morning Tami Recker, My name is Tammy Neumann and I am responding to your email/letter on behalf of the Community Police Review Board. Having reviewed your letter, you may need to direct your request to the Johnson County Attorney's Office (Johnson County Attorney, 500 S. Clinton Street., Suite 400, Iowa City, IA 52240). The Community Police Review Board (CPRB) only investigates reports that are filed due to the alleged misconduct of an Iowa City police officer/s. If you would like to file a complaint regarding the officers involved, you may do sousing one of the options listed below. However, due to a statute of limitations, you would not be able to file a report directly with the CPRB as CPRB complaint forms must be filed within 180 days of the alleged misconduct. 1) Iowa City Police Department Complaint Form - No Statute of Limitations 2) Iowa City Human Rights Commission Complaint Form — Within 300 Days After the Alleged Discriminatory or Unfair Practice Has Occurred Please review the CPRB website here for more information regarding the two available options listed above. Let me know if you have any questions. Thank you, Tammy Neumann ®IOWA CI 1 i Tammy Neumann A UNESCO CITY OF LITERATURE Administrative Secretary WWW.ICGOV.ORG 0000 FARE FREE IOWA CITY = IC►WA CITY A UNESCO CITY OF LITERATURE WWW I CGOV ORG © ©O City Clerk's Office p:319-356-5043 410 E Washington St Iowa City, IA 52240 Iowa City Transit is now FARE FREE! Learn more at ICGOV.ORG/FAREFREE Tammy Neumann Administrative Secretary City Clerk's Office p:319-356-5043 410 E Washington St Iowa City, IA 52240 Nzic i Jr, rn Tammy Neumann From: Tammy Neumann Sent: Tuesday, January 2, 2024 10:47 AM To: 'Tami Recker' Subject: RE: Letter to the Community Police Review Board (CPRB) dated December 28, 2023 In that case, you may file a report with the Police Department or with the Human Rights Commission. Thank you, Tammy = IOWA CITY A UNESCO CITY OF LITERATURE WWW.ICGOV.ORG 0000 FARE FREE IOWA CITY Tammy Neumann Administrative Secretary City Clerk's Office p: 319-356-5043 410 E Washington St Iowa City, IA 52240 Iowa City Transit is now FARE FREE! Learn more at ICGOV.ORG/FAREFREE From: Tami Recker <reckertami@yahoo.com> Sent: Tuesday, January 2, 2024 10:44 AM To: Tammy Neumann <tneumann@iowa-city.org> Subject: Re: Letter to the Community Police Review Board (CPRB) dated December 28, 2023 A •` This email originated outside of the City of Iowa City email system. Please take extra care opening any links or attachments. •• This is about an officer as well. Sent from Yahoo Mail for iPhone On Tuesday, January 2, 2024, 9:47 AM, Tammy Neumann <tneumann@iowa-city.org> wrote: Good Morning Tami Recker, My name is Tammy Neumann and I am responding to your email/letter on behalf of In WILED Police Review Board. JAN 02 2024 City Clerk lowa City, Iowa COMMUNITY POLICE REVIEW BOARD OFFICE CONTACTS December 2023 Date Description 12/20/23 Request for hard copy complaint form. Complaint turned in same day. 12/28/23 Email and correspondence sent to CPRB. Email, correspondence, and follow-up emails included in meeting packet. January 9, 2024 2023 Mtg Pa6 COMMUNITY POLICE REVIEW BOARD COMPLAINT DEADLINES CPRB Complaint #23-10 Filed: 06/22/23 Chief's report due (90 days): 09/30/23 Chief's report filed: 09/26/23 Complainant's response to the Chief's report 10/17/23 (21 days to respond, no response received) ------------------------------------------------------------------------------ CPRB meeting #1 (Review): 10/10/23 CPRB meeting #2 (Review): 11/14/23 CPRB meeting #2 (Review): 12/12/23 CPRB meeting #4 (Review & Revise Draft Report) 01/09/24 CPRB report due 01/15/24 (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 #23-11 Filed: 07/24/23 Chief's report due (90 days): 10/22/23 Chief's report filed: 10/10/23 Complainant's response to the Chiefs report 10/31/23 (21 days to respond, no response received) CPRB meeting #1 (Review): 11/14/23 CPRB meeting #2 (Review): 12/12/23 CPRB meeting #3 (Review/Revise Draft Report) 01/09/24 CPRB report due 01/29/24 (90 days from the date of the Chief/City Manager's response to the complainant or Complainant's response deadline if no response received) January 9, 2024 2023 Mtg Pacd d�:13 • u , F.1tiSU"sicIWI Filed: 08/13/23 Chief's report due (90 days): 11/11/23 Chief's report filed: 11/06/23 Complainant's response to the Chief's report 11/27/23 (21 days to respond, no response received) GemplaiHaFIVSfespense (10 da s to respend): ??/??/?? CPRB meeting #1 (Review): 11/14/23 CPRB meeting #2 (Review): 12/12/23 CPRB meeting #3 (Review/Revise Draft Report) 01/09/24 CPRB report due 02/25/24 (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 #23-15 Filed: 12/20/23 Chiefs report due (90 days): 03/19/24 Chiefs 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): ??/??/23 CPRB meeting #1 (Review): ??/??/23 CPRB meeting #2 (Review): ??/??/23 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) TENTATIVE MEETING SCHEDULE February 13, 2024 March 12, 2024 April 9, 2024 May 14, 2024