HomeMy WebLinkAboutCPRB History and Complaints ReportA History of the Iowa City Community
Police Review Board
October 8, 2020
Introduction
The Iowa City Community Police Review Board (hereafter referred to as the ‘Board’ or ‘CPRB’) is a five-
person board appointed by City Council, with its own legal counsel. The Board was established to
provide oversight of investigations of claims of Iowa City police misconduct and assure that
investigations are conducted in a manner which is fair, thorough and accurate; and to assist the Police
Chief, the City Manager and the City Council in evaluating the overall performance of the Iowa City
Police Department (ICPD).
The CPRB ordinance is codified at Title 8, Chapter 8 of the City Code. The following report outlines the
complete history of the Ordinance governing the Community Police Review Board, as well as a
summary of all official complaints filed with the Board since it was established in 1997.
In addition to receiving complaints, the Board maintains other responsibilities, such as reviewing ICPD
policy changes and holding an annual public forum. Although those activities are not the focus of this
report, they are matters of public record. The full scope of Board activities can be reviewed in the
current Ordinance (Appendix A) and Standard Operating Procedures (Appendix B).
Table of Contents
Ordinance History ........................................................................................................................ 2
Ad Hoc Diversity Committee Recommendations ................................................................................ 6
Board Standard Operating Procedures and Guidelines ....................................................................... 6
Complaint Process ........................................................................................................................ 7
Complaint History ........................................................................................................................ 9
APPENDIX A: Current Board Ordinance (Ord. 15-4267, 6-16-15) ....................................................... 13
APPENDIX B: Ad Hoc Diversity Committee Report ........................................................................... 24
APPENDIX C: Board Standard Operating Procedures ....................................................................... 59
APPENDIX D: Summary of All Complaints Filed with the Board (1997 – 2020) ..................................... 72
APPENDIX E: Definitions of Allegation Categories............................................................................ 85
2
History of Ordinance
Initial Ordinance (1997)
Iowa City’s Community Police Review Board has existed since 1997, when the City Council passed an
ordinance creating such Board to assist the City in processing complaints concerning the police
department and to ensure the police department is responsive to community needs. This initial
Ordinance (Ord. 97-3792), detailed the intent, goals, and guiding principles of the Board, alongside the
process for receiving and investigating allegations of misconduct against sworn police officers. As a
general summary, these provisions included:
• Authority to conduct fair, thorough, and accurate investigations into complaints that are
formally filed with the Board and allege sworn police officer misconduct. (The Ordinance
explicitly denies the Board any authority over police disciplinary matters, in accordance with
State of Iowa law. Additionally, the Board is not intended to be a criminal court or formal
litigation process of any kind).
• The processes and deadlines for (1) filing a complaint, (2) the Police Chief or City Manager
investigation of the complaint and report to the Board, and (3) the Board’s review and report
to the City Council.
• Complaint tracking and reporting requirements, and ability to hold general forums on police
policies, practices, and procedures.
• Board member composition and term lengths.
• Clarification of power limits of the Board and preservation and protection of the police officers’
and complainants’ rights.
Amendments (1998 – Present)
In the 23 years since, efforts to increase the effectiveness of the Board have resulted in various
changes to the board’s charge, composition, and general policies and procedures. The following is a
complete timeline and description of all amendments to the Ordinance governing the Board:
Year Ord. Amendment
1997 97-3792 Creation of the Iowa City’s police citizen’s review board.
1998 98-3865 Removes the opportunity for the complainant to participate in the
“name-clearing hearing,” which is a due process hearing required to
be held before the Board issues a report that is critical of an officer.
3
Year Ord. Amendment
1999 99-3877 Increases the time allowed for filing a complaint with the Board from “within 60 days” to “within 90 days” from the alleged misconduct
Increases the time for the Police Chief or City Manager to investigate
and deliver their report to the Board from “within 30 days” to “within
90 days” after the complaint is filed.
Increases the time for the Board to review and deliver their report to
City Council from “within 30 days” to “within 45 days” of receipt of
the Chief or City Manager’s report.
Adds a section to define time computation and ensure that
complaints can be accepted the full, following business day if the
filing or reporting deadline falls on a weekend or City holiday.
1999 99-3891 Adds a standard (balancing test) for the Board to use in determining
whether to include complainant or officer names in the final report
of a sustained complaint. The Board may do so if it determines that
the public interest in such disclosure outweighs the public harm and
privacy interests of the parties involved. If the Board decides the
public interest is greater, it must provide detailed, written reasons
for this determination AND notify any persons whose names will be
disclosed.
2001 01-3976 Clarifies that complaints can be submitted to either the Board or the Police Department, but the Board will only process those filed with
the Board.
Requires the Police Chief to report at least quarterly to the Board on
the nature/disposition of complaints filed with the Police
Department.
Allows the Board to comment on concerns about an officer’s
misconduct or police policies, practices, and procedures in their report to Council, even if they affirmed the Chief/Manager’s decision.
Allows the Board to request the City Council hold general
informational hearings regarding policing.
Replaced the sunset clause with a 2-year review of the effectiveness
of the Board.
2003 03-4096 Amends the Board Composition requirements so that the seat for
the current or former peace officer cannot be filled by any peace
4
Year Ord. Amendment
officer employed as such by the City of Iowa City within 5 years of the appointment date.
2007 07-4260 Clarifies that if the Police Chief seeks an extension for their report to
the board beyond the 90-day window, the Board will grant an
extension if good cause is shown.
2007 07-4291 Removes the 2-year review of the Board
2007 07-4296 Makes amendments to the ordinance to be consistent with the 2007
amendment to the City Charter to include a permanent community
police review board vested with certain minimum powers.
Requires the Board to hold at least one community forum each year
on policing and report back to City Council.
Authorizes the Board to subpoena witnesses when it chooses to
perform its own investigation after receipt of the Chief/Manager
report.
In addition to the annual report and community forum, authorizes
the Board to review and make recommendations to the Council on
police policies, practices and procedures.
2012
2013
Resolution
No. 12-320
City Council established an Ad Hoc Diversity Committee. The
Committee’s charge included reviewing the policies, practices, and procedures of both the Police Department
and the Police Citizens Review Board and providing a set of
recommendations to the City Council on diversity-related
matters.
The Ad Hoc Diversity Committee issued a report of
recommendations to City Council in March 2013. The full
recommendations for the Police Citizens Review Board are found on pages 6-7 of this report and were adopted by City
Council (below: Res. 13-217, Ord. 13-4555). A summary of
other, non-legislative changes to the Board following these
recommendations is available in the next section.
2013 13-4555
Resolution
No. 13-217
Adopts recommendations of the Board and the Ad Hoc Diversity
Committee including:
•Renaming the “Police Citizens Review Board” (PCRB) to the
“Citizens Police Review Board” (CPRB).
5
Year Ord. Amendment
•Removing formal mediation from the process.
•Requiring the City Manager to participate in the interview
process with the officers involved in the complaint.
•Requiring a copy of all complaints filed with the Board to beforwarded to the Equity Director.
•Developing an exit survey for the complainant regarding the
process and publishing this data in the Annual Report.
2015 15-4627 Renamed from the “Citizens Police Review Board” to the
“Community Police Review Board,” and amended to remove the word “citizen” throughout as recommended by the 2015 Charter
Review Commission.
2015 Resolution
No. 15-223
City Council adopted the Board Standard Operating
Procedures and Guidelines.
2019 19-4783 As recommended by the Board:
Requires that the internal investigation be provided to the Board in
the event a determination is made that it is a public record, which
may occur when the Chief and Manager find misconduct and impose
discipline.
Requires the Board to include in their annual report whether the
Board’s decision on any complaint differed from that of the Chief/Manager.
Requires the Chief to meet in a closed session with the Board if their
decisions on a complaint differ, to discuss the discrepancy in
opinion.
Requires that the Board include whether their decision affirmed or
rejected that of the Chief/Manager in their public report of the
disposition of a complaint.
2019 19-4804 Creates a City Council liaison to the Board, with the intention of
improving communication between the bodies and providing a safe and comfortable space for the Board to express any concerns about
the composition, cohesiveness, and effectiveness of the Board.
6
Ad Hoc Diversity Committee Recommendations
On June 19, 2012, the City Council established an Ad Hoc Diversity Committee to review issues relating
to diversity within the Police Department and Transportation Services Department. In addition, the
committee was charged with reviewing the Police Citizen’s Review Board (now CPRB). The scope of the
committee was to review the policies, practices, and procedures of each and provide a set of
recommendations to City Council on diversity-related matters.
The committee delivered a set of recommendations to City Council in March 2013, below is a summary
of each of the recommendations made for the police review board:
Diversity Committee Recommendation Outcome
1.Increase public awareness of the Boardand the process by which to file a
complaint.
•Creation of educational video
•Distribution of informational brochure
•Process information posted on City website
•Police officer public outreach and education
2.Change the process and procedure for
the Board to address the issue of public
distrust.
•City Manager required to participate in
investigation interview process with officers
•Equity Director notified of complaints filed
•Complainants offered an exit survey, and this
data published in the Board’s annual report
3.Recommendations on changes to the
Board’s ordinance •Resolution No. 13-217 and Ord. 13-4555 adoptand codify the Diversity Committee’s
recommendations
The Board’s Report of recommendations also included recommendations for changes to the ICPD,
including: (1) Changes to create a more positive culture that focuses on the “protect and service”
approach, including restructuring of the department to adopt a Community Policing model; and (2)
Through education, increase mutual understanding of roles and stereotypes between officers and
minority communities.
Please find the March 2013 Ad Hoc Diversity Committee Report to the City Council in Appendix B.
Board Standard Operating Procedures and Guidelines
On June 16, 2015, the City Council adopted by resolution (15-223) standard operating procedures and
guidelines for the Community Police Review Board. These procedures and guidelines further detail the
process outlined in the Board ordinance.
Please find the Community Police Review Board Standard Operating Procedures and Guidelines in
Appendix C of this report.
7
Complaint Process
Board Complaint Process
The Community Police Review Board complaint process is designed to promote both internal and
external accountability of the Police Department. The City Council determined one method for
accomplishing such internal accountability is to have the police conduct their own investigations into
claims of inappropriate police conduct. This is supplemented through two additional external
accountability strategies: (1) Board oversight, tracking, and reporting of complaints; and (2) detailed,
quarterly reports by the Police Chief of all complaints formally filed with the department (rather than
with the Board).
Any person with “personal knowledge” of the alleged misconduct of a sworn Iowa City police officer
can file a complaint with the Board, within 90 days of the alleged misconduct. After the complaint is
filed, the Police Department first conducts an internal investigation and delivers a report to the Board,
which includes factual findings and a written conclusion of whether the complaint is “sustained” or “not
sustained.” The Reports must include any recommended remedial actions (such as new or changed
policy), but shall not include disciplinary plans or other personnel matters. If the Police Chief and the
City Manager find the police officer's actions constitute misconduct and discipline is imposed by the
Police Chief or City Manager, the internal affairs investigation may become a public record to be
released by the City Attorney to the extent provided by law.
After receiving the report from the Police Department, the Board can decide, through a simple majority
vote, their preferred level of review -- selecting from any or all of the following:
•On the record, with no additional investigation
•Interview/meet with the complainant and/or named officer(s) and other officers
•Request additional investigation or assistance in the Board’s own investigation from the Police
Chief or City Manager
•Perform its own investigation with the authority to subpoena witnesses
•Hire independent investigators
The Board reviews the Chief’s report using a “reasonable basis” standard of review. If the Board
determines that the findings in the Chief/Manager Report are not supported by substantial evidence,
are unreasonable, or are contrary to an existing policy, practice, or regulation, they can recommend
that the Chief or Manager reverse or modify their findings. If this occurs, the Board and Police Chief
hold a meeting to discuss their differences. The City Manager will also attend if the Board requests the
City Manager’s presence. If the Board affirms the decisions of the Chief or Manager with respect to the
allegations of misconduct but nonetheless has concern about the officer’s conduct or police policies,
practices or procedures they may so comment in their report to the City Council
8
Finally, the Board issues a report to the City Council which includes detailed findings of the complaint
investigation and an explanation of whether the complaint is “sustained” or “not sustained.” If the
complaint is not sustained the report shall not include names of the complainant or officer. If the
complaint is sustained, the Board may include names if it determines in writing that the public interest
outweighs privacy interests and/or public harm and provides 10 days’ notice to affected parties prior to
the release. Additionally, if the Board is critical of the officer(s) conduct in its final report to City
Council, it must offer the officer a “name-clearing hearing” prior to releasing the report.
Final complaint reports are available for public viewing: www.icgov.org/city-
government/boards/community-police-review-board-cprb.
Overview of Community Police Review Board Complaint Process
*If complaint is filed against the Police Chief, the City Manager conducts the investigation.
Other Complaint Methods
The Community Police Review Board will only process complaints against sworn police officers that are
directly filed with the Board, within 90 days of the alleged misconduct. There are two other options for
individuals who wish to file a complaint against an officer, which are not reviewed by the Board:
(1)ICPD Complaint: Department policy will determine the level of investigation, the complainant
will determine their level of disclosure, and final reports will be nonpublic and confidential.
There is no statute of limitations to file this type of complaint.
(2)Human/Civil Rights Complaint: The Office of Equity and Human Rights receives complaints
from individuals who believe they have been discriminated against due to age, race, marital
status, national origin, sexual orientation, disability, creed, sex, color, religion, gender identity
or retaliated against. Due to conflict of interest issues complaints against the City of Iowa City
(including ICPD officers) are referred to the Iowa Civil Rights Commission for processing. Such
complaints must be filed within 300 days of the alleged discriminatory or unfair practice.
Please note that whether a complaint is filed with the Board, department, or Human Rights
Commission, under state law, disciplinary matters remain the authority of the Police Chief or City
Manager only.
Complaint Filed by Individual
Police Chief* Conducts Investigation
Board Reviews Chief's Findings
Public Complaint Disposition Report Issued
9
Complaint History
Each year, the Board releases an Annual Report which includes a yearly summary of all complaints
received, number and type(s) of allegation(s), and disposition by both the Chief and the Board.
Appendix D of this report includes a detailed history of all complaints and allegations filed with the
Community Police Review Board, since its inception in 1997. Additional summaries are provided below.
Total Board Complaints and Dispositions
Since 1997, there have been 119 total complaints filed with the Community Police Review Board
(not including 25 filed complaints which were withdrawn by the complainant or summarily dismissed).
The chart below shows the total number of complaints, but please note there may be several
allegations included in a single complaint and the Board issues a decision for each allegation. For
purposes of graphical representation, in the chart below complaints categorized as “sustained” involve
those in which at least one allegation was sustained (even if several others were not), and complaints
categorized as “not sustained” involve only cases in which zero allegations were sustained.
1 1
6
1 1 2 2 1 1 2
4
1 1 11
2
1 2
1
1
1
3
3
1
6
17
9
3
4
4
6
3 3 6
1
6
4
2
3
5
5
4
2
1
2
2
5
19971998199920002001200220032004200520062007200820092010201120122013201420152016201720182019TOTAL COMPLAINTS BY YEAR AND BOARD
DISPOSITION
Summarily Dismissed or Withdrawn by Complainant Sustained Not Sustained
10
Since 1997:
• 72% of all complaints had no
allegations sustained by the
Board (“Not Sustained” at right)
• 17% of all complaints were
Summarily Dismissed* or
Withdrawn by the Complainant
• 11% of all complaints had at
least one or more allegations
sustained by the Board
(“Sustained” at right)
*Reasons for summary dismissal may include: if complaints are not filed within the 90-day window, do not
involve a sworn Iowa City police officer, or complainant does not have “personal knowledge” of alleged
misconduct.
In total, of 119 complaints filed over the past 23 years, the Board has found that 16 complaints in
which at least one allegation was “sustained.” In half of these 16 cases, the Board’s disposition
differed from that of the Police Chief. Overall, in both cases involving allegation(s) that were
“sustained” and cases involving allegations which were “not sustained,” the Police Chief and Board
reach the same disposition 92.79% of the time. This means that over 9 times out of 10, if the
Police Chief finds a complaint involves an allegation that is “sustained,” the Board agrees with that
finding, and likewise for complaints in which all allegations are “not sustained.”
Of all complaints processed, the Board agreed with all of the Police Chief’s investigation findings 111
out of 119 times. For the other eight cases, the Board disagreed on at least one allegation’s
disposition and reversed the Chief’s decision.
0 20 40 60 80 100 120
Sustained
Not Sustained
Complaint Disposition Comparison: Board vs. Police Chief
(Of Total Complaints Processed from 1997 -Present)
Board Police Chief
11%
72%
17%
BOARD DISPOSITION OF
COMPLAINTS
Sustained
Not Sustained
Summarily Dismissedor Withdrawn byComplainant
11
Complaints Disaggregated by Allegation Type
Many complaints filed with the Community Police Review Board include several different allegations.
For this reason, the graphical representations below will show a higher number of allegations than
complaints.
For statistical purposes, these allegations have also been categorized by type to produce the
visualizations below. Please see Appendix E to this report for definitions of these categories.
4
5
6
7
8
12
13
15
15
17
19
20
25
27
39
41
45
58
0 10 20 30 40 50 60 70
IMPROPER INTERVIEW/INTERROGATION TACTICS
TRAFFIC STOP WITHOUT PROBABLE CAUSE
PROPERTY DAMAGE
RETALIATION
CONSPIRACY OR ABUSE OF POWER
CIVIL LIBERTIES OR HUMAN RIGHTS VIOLATION
LACK OF OR NO SERVICE
IMPROPER OR INADEQUATE INVESTIGATION
INCORRECT OR FALSE POLICE REPORT
NEGLECT OF HEALTH OR SAFETY
BIASED POLICING
UNLAWFUL ENTRY, SEARCH, AND/OR SEIZURE
UNWARRANTED CITATION, CHARGE, OR ARREST
WITHDRAWN BY COMPLAINANT/SUMMARILY DISMISSED
EXCESSIVE USE OF FORCE
HARASSMENT OR INTIMIDATION
IMPROPER PROCEDURE
UNPROFESSIONAL CONDUCT
Number of Allegations by Type & Disposition
(Of all allegations from 1997 -Present)
12
The board “sustained” 4.5% of all allegations made in complaints filed between 1997 and Sept.
2020. The following graph shows the categories of the 16 allegations “sustained” by the Board:
Comparatively, the Police Chief Report found 2.29% of allegations sustained. The chart below highlights the categories of allegations in which the Chief and Board reached differing dispositions.
These include: (1) improper interview/interrogation tactics, (1) lack of or no service, (2) unlawful entry,
search, and/or seizure, (1) excessive use of force, and (2) unprofessional conduct.
Category
Chief
Sustained
Chief
Not Sustained
Board
Sustained
Board
Not Sustained
Improper Interview/Interrogation Tactics - 4 1 3
Traffic Stop without Probable Cause 5 5
Property Damage 6 6
Retaliation 7 7
Conspiracy or Abuse of Power 8 8
Civil Liberties or Human Rights Violation 13 13
Lack of or no service - 13 1 12
Improper/Inadequate Investigation Tactics 15 15
Incorrect or False Police Report 15 15
Neglect of Health or Safety 1 16 1 16
Biased Policing 19 19
Unlawful Entry, Search, and/or Seizure - 19 2 17
Unwarranted citation, charge, or arrest 25 1 24
Improper Procedure 3 42 3 42
Excessive Use of Force - 39 1 38
Harassment or Intimidation 41 41
Unprofessional Conduct 4 54 6 52
Total 8 341 16 333
Overall, the Police Chief’s investigation found 97.71% of allegations “not sustained,” and the Board
found 95.42% of all allegations made in complaints filed since 1997 “not sustained.”
1
1
1
2
1
3
1
6
0 1 2 3 4 5 6 7
IMPROPER INTERVIEW/INTERROGATION TACTICS
LACK OF OR NO SERVICE
NEGLECT OF HEALTH OR SAFETY
UNLAWFUL ENTRY, SEARCH, AND/OR SEIZURE
UNWARRANTED CITATION, CHARGE, OR ARREST
IMPROPER PROCEDURE
EXCESSIVE USE OF FORCE
UNPROFESSIONAL CONDUCT
Number and Category of Allegations 'Sustained' by Board
(Percentage of Total Allegations)
(1.72%)
(0.29%)
(0.86%)
(0.29%)
(0.29%)
(0.29%)
(0.29%)
(0.57%)
13
APPENDIX A
Current Community Police Review Board (Ordinance 15-4627, 6-16-15)
CHAPTER 8
COMMUNITY POLICE REVIEW BOARD
SECTION:
8-8-1: Creation Of Community Police Review Board
8-8-2: Intent, Goals And Guiding Principles
8-8-3: Definition Of Complaint; Complaint Process In General
8-8-4: Reserved
8-8-5: Police Department And Police Chief Investigatory Duties; City Manager Investigatory Duties
8-8-6: Police Chief's Report To Board; City Manager's Report To Board
8-8-7: Duties Of Board; Complaint Review And General Duties
8-8-8: Board Composition; Limited Powers Of Board
8-8-9: Police Officer's And Complainant's Rights Preserved
8-8-10: Council Review (Rep. by Ord. 07-4291, 10-16-2007)
8-8-11: Time Computation
8-8-12: Liaison
8-8-1: CREATION OF COMMUNITY POLICE REVIEW BOARD:
As permitted under Iowa's home rule authority and as required by the city's home rule charter, the city
creates the community police review board (hereinafter "board"), subject to the duties and limited powers set
forth herein. (Ord. 15-4627, 6-16-2015)
8-8-2: INTENT, GOALS AND GUIDING PRINCIPLES:
A. Investigations into claims of inappropriate conduct by sworn police officers will be conducted in a
manner which is fair, thorough, and accurate.
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B. An annual reporting system regarding complaints against sworn police officers will be established to
give the city council sufficient information to assess the overall performance of the Iowa City police
department in these matters. (Ord. 13-4555, 9-17-2013)
C. Persons may make a formal written complaint to either the board or the Iowa City police department.
In accordance with this chapter the board shall process only those complaints filed with the board but will
receive reports from the police chief briefly describing the nature of the allegations made in formal written
complaints filed with the police department and the disposition of the same. (Ord. 13-4555, 9-17-2013; amd.
Ord. 15-4627, 6-16-2015)
D. The board will:
1. Oversee a monitoring system for tracking receipt of formal complaints lodged against sworn police
officers with either the board or the Iowa City police department.
2. Provide oversight of police investigations through review of such investigations.
3. Provide the opportunity for a hearing to the police officer if the board's findings on the complaint to
the board are critical of the police officer, as required by constitutional law, and give the police officer the
opportunity to present testimony and evidence.
4. Issue a final public report to the city council on each complaint to the board which sets forth factual
findings and a written conclusion which explains why and the extent to which the complaint is either
"sustained" or "not sustained".
E. The board shall have no authority over police disciplinary matters because only the police chief or city
manager may impose discipline under Iowa law.
F. No findings in the board's report shall be used in any other legal proceeding.
G. The board shall only review the conduct of sworn Iowa City police officers and shall only act in a civil,
not criminal, capacity. The board is not intended to be a court of law, a tort claim process or other litigation
process. No action of the board shall be deemed to diminish or limit the right of any person to file a claim or
a lawsuit against the city.
H. A complaint to the board may be filed by any person with personal knowledge of an incident.
"Personal knowledge" means the complainant was directly involved in the incident or witnessed the incident.
If the person with personal knowledge is underage or otherwise unable to complete a complaint form, the
complaint may be filed by such person's designated representative. The City Manager, the Police Chief, the
City Council, or the board may file a complaint to the board based upon a reasonable belief that police
misconduct has occurred regardless of personal knowledge.
15
I. In order to assure that people feel confident in the complaint process, nonpolice City staff shall be
available at a public location other than the Police Department to receive complaints, although complaints
may also be filed at the Police Department.
J. The board shall not interfere with or diminish the legal rights of sworn police officers, including those
rights protected under the union contract, Civil Service Commission, and State and Federal law. Similarly,
the board shall respect the rights of privacy and freedom from defamation shared by complainants and
witnesses, as well as those same rights enjoyed by police officers under the law.
K. The City Council finds that internal accountability within the Police Department is a valid legislative
purpose, and one method of accomplishing such internal accountability is to have the police do their own
investigations into claims of inappropriate police conduct. If a complaint is asserted against the Police Chief,
the City Manager will investigate the claim and report to the board and the City Council. (Ord. 13-4555, 9-17-
2013)
L. Investigation of all formal complaints to the board is a mandatory duty of the Police Chief, and a report
of each complaint investigation shall be given to the board. Such reports to the board shall include the
factual findings of the Police Chief as well as a written conclusion explaining why and the extent to which a
complaint is either "sustained" or "not sustained". However, such reports shall not include discipline or other
personnel matters. If the Police Chief and the City Manager find the police officer's actions constitute
misconduct and discipline is imposed by the Police Chief or City Manager, the internal affairs investigation
may become a public record to be released by the City Attorney to the extent provided by law, in which case
the City Attorney shall forward a copy of such internal affairs investigation report to the board. (Ord. 13-
4555, 9-17-2013; amd. Ord. 19-4783, 3-12-2019)
M. In order to assure external accountability of the actions of the Police Department, the Police Chief
shall provide the board with a report at least quarterly of all formal complaints filed directly with the Police
Department, which report shall state the date and location of the incident and a brief description of the
nature of the allegation and the disposition of the complaint. (Ord. 13-4555, 9-17-2013)
N. External accountability will further be provided by the board's maintenance of a central registry of all
formal complaints. In addition to the central registry, the board shall provide an annual report to the City
Council, which report shall be public and shall set forth the general types and numbers of complaints, how
they were resolved, whether the board's decision differed from that of the Police Chief and/or City Manager,
demographic information, and recommendations as to how the Police Department may improve its
community relations or be more responsive to community needs. (Ord. 13-4555, 9-17-2013; amd. Ord. 19-
4783, 3-12-2019)
O. The board shall hold at least one community forum each year for the purpose of hearing views on the
policies, practices and procedures of the Iowa City Police Department, review police practices, procedures,
and written policies as those practices and procedures relate to the Police Department's performance as a
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whole, and report their recommendations, if any, to the City Council, City Manager and Police Chief. (Ord.
13-4555, 9-17-2013; amd. Ord. 15-4627, 6-16-2015)
8-8-3: DEFINITION OF COMPLAINT; COMPLAINT PROCESS IN GENERAL:
A. 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.
B. Any person with personal knowledge of the alleged police misconduct may file a complaint with the
board. In order to have "personal knowledge", the complainant must have been directly involved in the
incident or witnessed the incident. If the person with personal knowledge is underage or otherwise unable to
complete a complaint form, the complaint may be filed by such person's designated representative. The City
Manager, the Police Chief, the City Council or the board itself may file a complaint based on a reasonable
belief that police misconduct has occurred regardless of personal knowledge. The person or official filing the
complaint may hereafter be referred to as the "complainant".
C. All complaints to the board shall be in writing and on forms provided by the board. Complaint forms
shall be available to the public in easily accessible locations, and nonpolice staff shall be available to receive
the complaint forms. Assistance may be available to complete the form as designated by the board.
D. All complaints to the board must be filed with the City Clerk within ninety (90) days of the alleged
misconduct.
E. Only those complaints to the board which do not involve the conduct of an Iowa City sworn police
officer or are not filed within ninety (90) days of the alleged misconduct may be subject to summary
dismissal by the board. (Ord. 13-4555, 9-17-2013)
8-8-4: RESERVED:
(Ord. 13-4555, 9-17-2013)
8-8-5: POLICE DEPARTMENT AND POLICE CHIEF INVESTIGATORY DUTIES; CITY MANAGER
INVESTIGATORY DUTIES:
A. Reserved.
B. Investigation: It shall be the mandatory duty of the Police Chief to do the following:
1. Prior to investigation of any board complaint, the Police Chief shall first give Garrity and Gardner
advice to all police officers implicated in the complaint, as required by constitutional law. This means the
officer cannot be required to waive the officer's constitutional right against self- incrimination. However, the
officer may be required to answer questions during the investigation as a condition of the officer's
17
employment, but any admissions made by the officer cannot be used against the officer in a criminal
proceeding.
2. Reserved.
3. Assign the complaint to designated investigators within the Police Department for investigation into
the factual allegations of the complaint.
4. The complainant shall be interviewed by the Police Department and shall be entitled to have a
neutral City staff person or some other person chosen by the complainant present during the interview. The
police officer is entitled to have a union steward present during any interviews. The City Manager will
participate in the interview process with the officers involved in the complaint. A review of the City Manager's
involvement under this provision will be done in two (2) years to ensure the practice is producing its intended
purpose.
5. Investigators will prepare and forward a report of their investigation to the Police Chief, and shall
make detailed findings of fact as to the allegations in the complaint, and shall also set forth a written
conclusion which explains why and the extent to which the complaint is either "sustained" or "not sustained".
(Ord. 13-4555, 9-17-2013)
6. 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. (Ord. 19-4783, 3-12-2019)
C. Legal Advice: If litigation, including criminal charges, relating to the matter of the complaint is
commenced or is being contemplated by or against any party to the complaint, the Police Department, the
Police Chief and/or the board shall consult with the City Attorney and/or the board's own attorney on a case
by case basis, to determine whether and how the investigation of the complaint should proceed.
D. Complaints Against Police Chief: If a board complaint is filed concerning the Police Chief's conduct,
the City Manager shall investigate or cause an investigation to be completed.
E. Disciplinary Action: Nothing in this chapter shall prevent the Police Chief or the City Manager from
taking disciplinary action prior to the board's review of the complaint. (Ord. 13-4555, 9-17-2013)
8-8-6: POLICE CHIEF'S REPORT TO BOARD; CITY MANAGER'S REPORT TO BOARD:
A. The Police Chief shall receive the designated investigator's report within the time frame indicated by
the Police Chief. The Police Chief shall conduct a review of the investigators' report, and may do any or all of
the following: conduct interviews or request the police investigators to conduct additional investigations;
request additional information, or that additional questions be asked; interview or direct that other persons or
18
witnesses be interviewed; request that other documents be reviewed and/or retrieved; and any other
investigative matters the Police Chief deems appropriate.
B. The Police Chief will consult with the City Personnel Administrator and the City Attorney prior to
finalizing the Police Chief's report to the board, and shall then forward this report to the board, which shall
include the following:
1. Detailed written findings of fact concerning the allegations in the complaint;
2. A written conclusion which explains why and the extent to which the complaint is either "sustained"
or "not sustained"; and
3. Recommended remedial actions, if any, including amending current policies or adopting new
policies.
C. The Police Chief's report to the board shall not include discipline or personnel matters.
D. A copy of the Police Chief's report to the board shall be given to the police officer, the complainant,
and the City Manager. If the complaint concerns the Police Chief, copies of the City Manager's report to the
board shall be given to the Police Chief, the complainant, and the City Council.
E. The Police Chief's report to the board shall be completed within ninety (90) calendar days after the
complaint is filed. The board will grant extensions from this deadline for good cause shown.
F. All investigations shall be performed in a manner designed to produce a minimum of inconvenience
and embarrassment to all parties, including the complainant, the police officer, and other witnesses.
G. If a complaint is filed concerning the Police Chief, the City Manager's report shall include the same
findings of fact and conclusions as required for the Police Chief's report to the board. (Ord. 13-4555, 9-17-
2013)
8-8-7: DUTIES OF BOARD; COMPLAINT REVIEW AND GENERAL DUTIES:
A. Complaints: The board shall forward copies of all complaints received to the Police Chief for
investigation; or where the complaint concerns the Police Chief, forward a copy of the complaint to the City
Manager for investigation. A copy of all complaints shall be forwarded to the Equity Director.
B. Review Of Police Chief's Report Or City Manager's Report:
1. The board shall review all Police Chief's 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 Chief's 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.
19
b. Interview/meet with complainant.
c. Interview/meet with named officer(s) and other officers.
d. Request additional investigation by the Police Chief or City Manager, or request police assistance
in the board's own investigation.
e. Perform its own investigation with the authority to subpoena witnesses.
f. Hire independent investigators.
2. The board shall apply a "reasonable basis" standard of review when reviewing the Police Chief's or
City Manager's report. This requires the board to give deference to the Police Chief's or City Manager's
report because of the Police Chief's and City Manager's respective professional expertise. The board may
recommend that the Police Chief or City Manager reverse or modify their findings only if:
a. The findings are not supported by substantial evidence;
b. The findings are unreasonable, arbitrary or capricious; or
c. The findings are contrary to a Police Department policy or practice, or any Federal, State, or local
law.
3. If, in accordance with said standard, the board affirms the decision of the Police Chief or City
Manager with respect to the allegations of misconduct but nonetheless has concern about the officer's
conduct or police practices, policies, or procedures, it may so comment in its report to the City Council. If
such comments are critical of the officer's conduct the board shall provide the officer a name clearing
hearing pursuant to subsection B6 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.
4. 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.
5. At the conclusion of the board's review, the board shall issue a public report to the City Council
concerning the complaint investigation. Such public report shall include detailed findings of fact concerning
the complaint, together with a clearly articulated conclusion which explains why and the extent to which the
complaint is "sustained" or "not sustained". If the complaint is "not sustained", the public report shall not
include the names of the complainant(s) or the police officer(s). If the complaint is "sustained" the board may
include the names of the complainant(s) and/or the police officer(s) if it determines that the public interest in
such disclosure outweighs the public harm and privacy interests of the complainant(s) and/or police
20
officer(s). Said determination shall be made in writing and shall state, in detail, the board's reasons for such
determination. The board shall notify the person(s) whose name(s) it intends to disclose, the City Attorney
and the Police Chief (or City Manager if the Police Chief is the subject of the complaint), of its intent to make
such disclosure by confidential written communication sent by regular mail or hand delivery at least ten (10)
working days prior to such disclosure. In addition, the board's public report shall not include any discipline or
personnel matters, although the board may comment generally as to whether the board believes discipline is
appropriate without commenting on the extent or form of the discipline. A copy of this public report to the
City Council shall be given to the complainant(s), the police officer(s), the Police Chief, Equity Director, and
the City Manager. The public report shall indicate whether the board affirmed or rejected the decision set
forth in the report of the Police Chief and/or City Manager.
6. The board shall not issue a report which is critical of the sworn police officer's conduct until after a
"name clearing hearing" has been held, consistent with constitutional due process law. The board shall give
notice of such hearing to the police officer so that the officer may testify before the board and present
additional relevant evidence. The board shall be responsible for protection of all State and Federal rights
enjoyed by the officer. The officer may waive the right to this hearing upon written waiver submitted to the
board.
7. If the board's report is not critical of the officer's conduct, the board is not required by law to offer a
hearing to the officer, but the board may hold hearings as deemed appropriate by the board.
8. The board's report to the City Council shall be completed within ninety (90) calendar days of receipt
of the Chief's or City Manager's report. The City Council may grant requests for extensions to this deadline
upon good cause shown.
9. Nothing in this chapter shall in any way impede or interfere with the Police Chief's and the City
Manager's lawful ability to perform their personnel supervisory duties over sworn police officers, including
the ability to impose discipline as deemed appropriate by the Police Chief or City Manager.
10. No findings or report submitted to the board or prepared by the board shall be used in any other
proceedings. (Ord. 19-4783, 3-12-2019)
C. General Powers And Duties: The board shall also carry out the following duties:
1. Maintain a central registry of written complaints filed with the board or with the Iowa City Police
Department.
2. Collect data and do an annual report to the City Council which shall be public and shall set forth the
general types and numbers of complaints, disposition of the complaints, the discipline which was imposed, if
any, and demographic information. This annual report shall not include the names of the complainants or
officers involved in complaints which were not sustained, and shall otherwise be in a form which protects the
confidentiality of the parties while providing the public with information on the overall performance of the
Police Department. The board's annual report may also include recommended changes in police practices,
21
policies or procedures. The annual report will also include data derived from the exit survey tool developed
for the complainant to provide staff and the public with perceptions of the process. (Ord. 13-4555, 9-17-
2013)
3. In addition to the annual report, the board shall report to the City Council, from time to time, on police
practices, procedures and policies, including recommended changes, if appropriate, and hold at least one
community forum each year for the purpose of hearing views on the policies, practices and procedures of
the Iowa City Police Department. (Ord. 13-4555, 9-17-2013; amd. Ord. 15-4627, 6-16-2015)
4. The board shall adopt procedural rules and bylaws governing the board's activities, including the
receipt and processing of complaints, and such procedural rules and bylaws shall be approved by the City
Council. (Ord. 13-4555, 9-17-2013)
8-8-8: BOARD COMPOSITION; LIMITED POWERS OF BOARD:
A. Board Composition:
1. The board shall consist of five (5) members appointed by the City Council, who shall be Iowa City
eligible electors and shall serve without compensation. The City Council shall strive to appoint members who
represent the diversity of the community. Appointments to the board shall include one current or former
"peace officer" as that term is defined by State law, except that a peace officer employed as such by the City
of Iowa City within five (5) years of the appointment date shall not be appointed to the board. The City
Council reserves the right to waive the residency requirement for good cause shown. The City Council also
reserves the right, for good cause shown, to waive the requirement that the board include one current or
former peace officer.
2. Following final adoption and publication of the ordinance codified herein, the City Council shall
appoint members to the board for staggered terms. All appointments shall be for a four (4) year term, except
for the initial appointments which shall be as follows:
a. One person appointed for a two (2) year term.
b. Two (2) persons appointed for three (3) year terms.
c. Two (2) persons appointed for four (4) year terms.
3. Training shall be available to all board members to enable them to perform the duties imposed
herein, including training on Iowa's Public Records and Open Meetings Laws.
B. Limited Powers: The board shall have the following limited powers:
1. On its own motion, by a simple majority vote of all members of the board, the board may file a
complaint.
22
2. The board shall decide the level of review to give the Police Chief's or City Manager's report by a
simple majority vote of all members of the board.
3. The board has no power to review police officer personnel records or disciplinary matters except to
the extent such matters are made public by the City Attorney or are the subject of an enforceable subpoena.
4. The board has only limited civil, administrative review powers, and has no power or authority over
criminal matters. The board is not a court of law, and is not intended to substitute as a tort claims procedure
or as litigation against the City.
5. If criminal charges are brought or are being considered against a particular police officer(s), the
board's review or investigation may proceed with interviewing other officers or witnesses, or collecting
documents, as appropriate. Any statements given by an officer who is subject to criminal investigation
cannot later be used against the officer in a criminal proceeding, as provided under the Fifth Amendment to
the U.S. Constitution, unless such constitutional right is waived.
6. The board may obtain outside counsel and independent investigators in order to carry out the
board's duties.
7. The board may request that the City Council hold general public informational hearings concerning
Police Department practices, procedures or written policies. (Ord. 13-4555, 9-17-2013)
8-8-9: POLICE OFFICER'S AND COMPLAINANT'S RIGHTS PRESERVED:
A. All rights enjoyed by sworn police officers employed by the City are preserved in this chapter, and
nothing herein is intended to waive, diminish or interfere with any such rights protected by the union
contract, Iowa's Civil Service Commission laws and other applicable State and Federal laws.
B. All common law rights enjoyed by complainants and police officers, such as privacy and freedom from
defamation, shall be protected during the process set out in this chapter, and it shall be the board's duty to
protect said rights.
C. Notwithstanding the above provisions, no board member shall be liable to any person for damages or
equitable relief by reason of any investigation or recommendation or report made by either a board member
or by the board itself. (Ord. 13-4555, 9-17-2013)
8-8-10: COUNCIL REVIEW:
(Rep. by Ord. 07-4291, 10-16-2007)
8-8-11: TIME COMPUTATION:
In computing time under this chapter, the first day shall be excluded and the last included, unless the last
falls on a Sunday, in which case the time prescribed shall be extended so as to include the whole of the
23
following Monday. However, when the last day for the filing of a complaint or the completion of a report falls
on a Saturday or Sunday, or a day on which the Office of the City Clerk is closed due to a City holiday, the
time shall be extended to include the next day on which the Office of the Clerk is open to receive the filing of
a complaint or the report. (Ord. 13-4555, 9-17-2013)
8-8-12: LIAISON:
At the beginning of each even numbered calendar year, the City Council shall appoint one council member
to serve as a liaison to the board. The general purpose of the liaison position shall be to help facilitate
communication between the members of CPRB and members of the City Council about the overall makeup
and function of the CPRB. The liaison will be a specific person to contact to provide a safe and comfortable
vehicle for members of CPRB to express any concerns about the composition, cohesiveness and
effectiveness of the CPRB. This will allow the Council to receive information needed to be aware of
concerns related to the function of the CPRB, and make decisions/ changes when necessary. This will also
be especially beneficial in cases in which a CPRB member(s) do not feel comfortable airing concerns related
to the inner workings of the CPRB openly during CPRB meetings. (Ord. 19-4804, 8-20-2019)
Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing Corporation provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.
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24
APPENDIX B
Ad Hoc Diversity Committee Report
Document begins on the next page.
59
APPENDIX C
Community Police Review Board Standard Operating Procedures
Document begins on the next page.
Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041
RESOLUTION NO. 15-223
~ L.!W
RESOLUTION TO ADOPT THE IOWA CITY COMMUNITY POLICE REVIEW BOARD
STANDARD OPERATING PROCEDURES AND GUIDELINES TO REFLECT THE
NAME CHANGE FROM CITIZENS POLICE REVIEW BOARD AND REMOVE OR
REPLACE THE WORD "CITIZEN" IN ACCORDANCE WITH RECENT CHANGES TO
THE CITY CHARTER AND REPEALING RESOLUTION 13-290
WHEREAS, the City Council adopted Ordinance 97-3792 in 1997 which created the Police
Citizens Review Board ("PCRB") to assure that investigations into claims of police misconduct
are conducted in a manner which is fair, thorough, and accurate; and
WHEREAS, the PCRB was designed to assist the Police Chief, the City Manager and the City
Council in evaluating the overall performance of the Police Department as a whole, by having a
review process for Police Department investigations into complaints; and
WHEREAS, the PCRB was renamed the "Citizens Police Review Board" ("CPRB") in 2013 at
the request of the Board and the Ad Hoc Diversity Committee; and
WHEREAS, the Charter Review Commission reviewed the Charter and suggested changing
the name to the "Community Police Review Board" ("CPRB') and removed references to
"citizens" in 2015; and
WHEREAS, the only change in the proposal is the name and to remove or replace the word
"citizen" in accordance with recent changes to the City Charter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT:
1. That Resolution 13-290 is hereby repealed.
2. The Iowa City Community Police Review Board Standard Operating Procedures and
Guidelines are hereby adopted, as attached.
Passed and approved this 16th dayof ____ J_u_n_e _____ , 2015.
MAYO~
ATTEST:~:,J./( ~
CITY LERK
Approved By:
~c;;-10-r(-
City Attorney's Office
Resolution No. __ 1_5_-_2_2_3 ____ _
JPage ---=2 __
It was moved by Payne and seconded by ____ B_o_t_c_h_w_a.,,_y ___ the
Resolution be adopted, and upon roll call there were:
AYES: NAYS:
X
X
X
X
X
X
ABSENT:
X
Botchway
Dickens
Dobyns
Hayek
Mims
Payne
Throgmorton
CITY OF IOWA CITY IOWA
COMMUNITY POLICE REVIEW BOARD
STANDARD OPERATING PROCEDURES AND
GUIDELINES
June 16, 2015
The Community Police Review Board formerly known as
the Citizens Police Review Board (hereafter referred to
as the Board) was established to assure that
investigations into claims of police misconduct are
conducted in a manner which is fair, thorough and
accurate and to assist the Police Chief, the City Manager
and the City Council in evaluating the overall
performance of the Police Department by having it
review the Police Department's investigation into
complaints. To achieve these purposes, the Community
Police Review Board shall comply with Chapter 8 of the
Iowa City Gode, Board By-Laws and Standard Operating
Procedures and Guidelines.
TABLE OF CONTENTS
I. Complaint Process
II. RESERVED
Ill. Meetings
IV. Complaint Review Process
V. Identification of Officers
VI. Review of Policies, Procedures and Practices of the Iowa City
Police Department
VII. Annual Report
VIII. General
CPRB SOP 06/15 Page 2
I. Complaint Process
In an effort to assure the Iowa City community that the Iowa City Police Department's
performance is in keeping with community standards, the Board shall review
investigations into complaints about alleged police misconduct to insure that such
investigations are conducted in a manner which is fair, thorough and accurate. The
Board shall achieve this by receiving, reviewing and reporting on complaints in
accordance with the procedural rules in Chapter 8 of the City Code, following the Board
By-Laws, and Standard Operating Procedures and Guidelines.
A. Complaints shall be filed in accordance with Chapter 8 of the City Code:
1. All documents and related materials filed with the Board shall not be
returned.
2. Complaints filed in the City Clerk's Office shall be assigned a complaint
number consisting of the last two digits of the present year with
consecutive numbers, starting with one (1) (e.g. 98-1).
3. Complaint copies will be sent to the Equity Director, Police Chief or City
Manager. The complaint copy sent to Board members shall have all
references to police officer names and other identifying information
deleted. A letter will be sent to the Complainant confirming receipt of the
complaint and identifying the Equity Director as another resource for
them to contact throughout the complaint process.
4. Board deadlines are contained in Chapter 8 of the City Code.
5. A copy of each complaint filed shall be provided to Board members in the
next meeting packet.
6. Amendments to a complaint must be in written form.
7. The complainant may withdraw the complaint at any time prior to the
Board's issuance of its report to City Council.
B. Procedures for complaints subject to summary dismissal follow:
1. A complaint that appears to be untimely filed or a complaint that does not
involve the conduct of an Iowa City sworn police officer shall be handled
in the same manner as outlined in subsection "A" of the Complaint
Process.
2.
CPRB SOP 06/15
The copy of the complaint furnished to the Police Chief or City Manager,
shall include a cover letter from the Board indicating that it appears to be
an untimely complaint or a complaint that does not involve the conduct of
an Iowa City sworn police officer and will be reviewed by the Board at its
next meeting.
Page 3
3. The Board shall determine whether additional information is necessary to
assess whether the complaint should be summarily dismissed and, if
additional information is necessary, the method by which such
information will be obtained. The methods available include an interview
of the complainant by a subcommittee of the Board, a request to the
complainant for a written submission on the issue presented and an
investigation by the Board, but shall not include an invitation to the
complainant to address the Board at a public meeting or an interview of
the complainant at a public meeting.
4. Upon the completion of such investigation and the Board's determination
that additional information is not necessary, the Board shall, by motion in
open session, vote to determine whether the complaint will be dismissed
under Section 8-8-3E of the Ordinance. The Board shall not discuss the
facts or substance of the complaint at said open meeting.
5. If the Board dismisses the complaint, staff shall:
CPRB SOP 06/15
a. Untimely Complaints:
1. Forward a copy of the decision to the Police Chief or City
Manager including a cover letter stating that the complaint has
been dismissed and that a report to the Board by the Police
Chief or City Manager is not required by Chapter 8 of the
Code.
2. Forward a copy of the decision to the complainant including a
cover letter advising that although the complaint has been
dismissed and will not be reviewed by the Board, there is a
method for the complainant to file a complaint directly with the
Iowa City Police Department.
3. Forward a copy of the decision to the City Council indicating
the dismissal and referring to the section of the City Code.
b. Complaints not involving a sworn Iowa City police officer:
1. Forward a copy of the decision to the Police Chief or City
Manager including a cover letter stating that the complaint has
been dismissed and that a report to the Board by the Police
Chief or City Manager is not required by Chapter 8 of the
Code.
2. Forward a copy of the decision to the complainant including a
cover letter stating why the complaint was dismissed.
3. Forward a copy of the decision to the City Council indicating
the dismissal and referring to the section of the City Code.
Page 4
II. RESERVED
Ill. Meetings
4. If the Board determines the complaint shall not be dismissed,
it shall so advise the Police Chief or City Manager so that the
investigation may continue and make the required report to
the Board.
Regular meetings shall be held monthly. Special meetings may be called by the Chair as
needed. The Board shall comply with the Board's By-Laws and the Board Standard
Operating Procedures and Guidelines.
A. Meeting packets shall be distributed to Board members at least two (2) days
prior to a meeting when possible.
B. Place of Posting Notices and Agendas.
1. Follow requirements of Section 21.4, The Code of Iowa.
2. The City of Iowa City provides the Notice Bulletin Board in the lobby of
City Hall.
C. Consent Calendar shall include:
1. Minutes of the last meeting(s);
2. Correspondence and/or memoranda directed to the Board (not complaint-
related). Staff shall be given directions based on Board discussion as to
whether staff shall respond or whether Board members shall respond,
with copies furnished to the Board.
D. Time for open public discussion shall be made available at all open meetings as
provided by the Board By-Laws.
E. Time for "Board Information" and "Staff Information" shall be made available at
all meetings.
F. Decisions made in executive session shall be ratified in open session.
G. Taped minutes of open meetings shall be kept thirty (30) days from acceptance
and approval of minutes.
H. Taped minutes of executive meetings shall be kept for one year from the date of
the meeting.
I. To the extent practicable, legal counsel for the Board shall attend all meetings of
the Board.
CPRB SOP 06/15 Page 5
J. Electronic Participation
1. Follow the requirements of Chapter 21, The Code of Iowa for "electronic
meetings".
2. It shall be the rule of the Board to secure electronic participation by
absent members whenever it is physically feasible where such
participation is necessary or desirable because of statutory voting
requirements or the importance of the subject matter to the public. This
rule shall not apply to electronic participation by a majority of the Board
members.
K. Quorum and Voting Requirements
1. Quorum. See By-Laws.
2. Voting. See By-Laws.
3. Voting to close a session. See Chapter 21 , The Code of Iowa.
L. Iowa Open Records Law
1. The Board must follow all the requirements of Chapter 22, The Code of
Iowa, Examination of Public Records (Open Records). This means every
person has the right to examine and copy the public records of the
Board pursuant to that Chapter.
2. The lawful custodian of the Board public records is the City Clerk of Iowa
City. If the City Clerk requires legal counsel concerning whether a
document is public or confidential, the Clerk shall notify both the City
Attorney's Office and counsel to the Board of the request.
3. In accordance with Iowa Law, the Board shall maintain the confidentiality
of complaints, reports of investigations, statements and other documents
or records obtained in investigation of any complaint as outlined in the
Board's By-Laws.
4. In accordance with Iowa Law, the Board shall maintain the confidentiality
of information protected by the Iowa Open Records Law as outlined in
the Board's By-Laws.
M. Iowa Open Meetings Law.
1.
2.
CPRB SOP 06/15
In accordance with Iowa Law, the Board must follow all the requirements
of Chapter 21, Official Meetings Open to Public (Open Meetings).
In accordance with Iowa Law, confidentiality of information protected by
the Iowa Meetings Law as outlined in the Board's By-Laws.
Page6
N. Conflicts of Interest and Ex Parte Contacts
1. Conflicts of Interest. See By-Laws.
2. Ex Parte Contacts. See By-Laws.
IV. Complaint Review Process
The Board shall review all Police Chiefs reports and City Manager's reports concerning
complaints utilizing Sections 8-8-6, 8-8-7 and 8-8-8 of the City Code and the Board
Standard Operating Procedures and Guidelines.
A. Review of Police Chiefs report or City Manager's report as outlined in Chapter 8
of the City Code.
B. Select a level of review as outlined in Chapter 8 of the City Code. The Board
shall notify the Complainant and the Police Chief, or the City Manager if the
complaint is against the Police Chief, of the selected level of review. The Police
Chief shall notify the officer of the selected level of review.
C. Pursuant to Chapter 8 of the City Code, the Board may choose to subpoena
witnesses or documents.
1. A motion to issue a subpoena to compel the appearance of a witness or
for the production of documents may be made by any Board member
pursuant to the voting procedure outlined in the Board's By-Laws. Such
a motion if made in closed session will be ratified in open session.
2. The subpoena will be prepared by legal counsel for signature by the
Board Chair.
3. Funds for the payment of witness fees, mileage and service will be issued
by the City Clerk.
4. The subpoena may be issued to compel the appearance of a witness to
be interviewed by a committee, of no more than two Board members
assigned by the Chair, at a time and place determined by the committee.
D. The Board may request an extension of time to file the Board's public report as
outlined in Chapter 8 of the City Code.
E. The Board shall not issue a public report critical of a police officer until after a
name-clearing hearing has been held or waived by the police officer as outlined
in Chapter 8 of the City Code.
F. Name-clearing hearing procedure
1.
CPRB SOP 06/15
If the Board determines that the comments or findings contained in its
proposed report will be critical of the conduct of a sworn police officer, it
Page 7
must offer the officer a name-clearing hearing prior to the issuance of the
Board's report to Council.
2. The Board shall select a proposed date for the name-clearing hearing.
3. Written notice of the date, time and place of the name-clearing hearing
shall be given to the officer no less than ten working days prior to the
date set for hearing. The notice to the officer should be transmitted via
the Police Chief. The notice to the officer shall provide a written response
form for the officer to demand or waive the name-clearing hearing. Said
written response form shall also allow the police officer to state whether
he or she requests an open or closed session.
4. If the officer provides a written waiver of the name-clearing hearing prior
to the date set for hearing, the hearing shall not be held.
5. If the officer does not respond to the notice prior to the time of the
hearing, the hearing shall be convened. If the officer does not appear, the
hearing shall be terminated.
6. If the officer demands a hearing or appears at the hearing, the Board will
first determine whether the hearing shall be open or closed. If the officer
requests a closed session, the Board shall close the session pursuant to
motion specifically identifying an appropriate provision of Chapter 21 Iowa
Code as the basis for closure. If the officer does not request a closed
session the session shall be open except where closure is appropriate
pursuant to Section 21.
7. Before the hearing, the Board shall advise the officer of the Board's
proposed criticism(s). At the hearing, evidence supporting the criticism
shall be presented. The officer shall be given the opportunity to be heard
and to present additional evidence, including the testimony of witnesses.
8. If, subsequent to a name-clearing hearing or waiver of a name-clearing
hearing by the officer, the Board changes its level of review, it shall issue
a new written notice pursuant to subparagraph B, hereof. If, following
said change, the proposed report is critical of the sworn officer's conduct,
the Board shall offer another name-clearing hearing to the officer
pursuant to the name-clearing hearing procedures herein.
9. The complainant shall not receive a notice of, or have the right to
participate in, a name-clearing hearing.
G. Report Writing -See Chapter 8 of the City Code
1.
2.
CPRB SOP 06/15
The Chair shall appoint a committee to prepare draft reports. The
committee may request assistance from staff as needed.
When possible, a draft report shall be included in the agenda packet prior
to the meeting at which it is discussed.
Page 8
3. Draft reports shall be discussed in executive session and finalized by the
full Board.
4. Draft reports shall be confidential.
5. Final Public Reports shall be reviewed by legal counsel to the Board
before being submitted to the City Council.
H. Final Board Public Reports shall be distributed according to Chapter 8 of the City
Code. The copy sent to the City Council shall be accompanied by the minutes of
the meeting which approved it and be sent to the City Clerk for inclusion in the
next Council agenda packet.
I. Once the Public Report is sent to designated parties, the complaint file is closed.
J. An exit survey tool will be mailed to the complaint and responses returned will be
contained in the Board's annual report.
V. Identification of Officers
A. The reports of the Police Chief and the City Manager to the Board will identify the
officers with unique identifiers, i.e. same number for same officer from one
complaint to the next, but not by name. In its public reports, however, the Board
shall not use the same number for the same officer from one report to the next,
in order to guard against inadvertent identification of the officer to the public by
the Board. The Board reserves the right, however, to identify the officer in a
sustained complaint pursuant to Chapter 8 of the City Code and may obtain the
officer's name from the City Clerk for this purpose.
B. An allegation of misconduct or previous allegation of misconduct against an
officer is not and shall not be used by the Board as evidence of misconduct.
VI. Review of Policies, Procedures and Practices of the Iowa City Police Department
As stated in Chapter 8 of the City Code, the Board's By-Laws, and Standard Operating
Procedures and Guidelines, the Board shall, from time to time, report to the City Council
on policies, procedures and practices of the Iowa City Police Department, including
recommended changes, if appropriate.
A. Policy-review discussions shall be held at regular meetings, when possible.
B. Pursuant to Chapter 8 of the City Code, on at least one occasion each year the
Board shall hold a community forum for the purpose of hearing views on the
policies, practices and procedures of the Iowa City Police Department. The
format, location, date and time, of the forum will be determined by the Board.
The procedures and requirements set forth in the Board's By-Laws, will be
satisfied.
CPRB SOP 06/15 Page 9
C. When persons have a concern about police procedures or practices, but there is
no allegation of individual officer misconduct, there may be an issue of policy.
Any person or Board member may raise an issue at a Board meeting.
D. The Board encourages signed written correspondence but will accept
anonymous correspondence concerning policies, procedures, and practices of
the Iowa City Police Department.
VII. Annual Report
The Board shall maintain a central registry of all formal complaints against sworn police
officers and shall provide an annual report to the City Council which will give the City
Council sufficient information to assess the overall performance of the Iowa City Police
Department.
A. The annual report shall include information required by Chapter 8 of the City
Code.
B. The Board's annual report may also include recommendations to amend Chapter
8 of the City Code.
VIII. General
A. The lawful custodian of the Board records and the central depository for all
information is the City Clerk's Office of the City of Iowa City.
B. The Chair is the official spokesperson for the Board.
C. When legal counsel and/or staff are contacted on Board business, they shall
report that information to the Chair and to each other.
D. Contacts between a Board member and the Police Chief and/or City Manager
shall be in the form of written communication when possible.
E. Requests for information from the Board to the Police Chief or City Manager
shall be in writing.
F. The City Clerk's office shall provide the Board a monthly "Office Contacts
Report," stating the number of telephone calls and in-office contacts which come
directly to the City Clerk's office, the general substance of such contacts, and
their disposition.
G. Voice Mail telephone messages to the Board office shall not be retained nor will
messages be transcribed unless there are extenuating circumstances on a case-
by-case basis determined by legal counsel for the Board and the City Attorney's
Office.
H. The Board shall utilize its own letterhead stationery.
CPRB SOP 06/15 Page 10
72
APPENDIX D
Summary of all Complaints Filed with the Community Police Review
Board from 1997 to 2020
Note: In some cases, the Board may have found some allegations in a complaint to be “sustained,” while other
allegations in the same complaint were “not sustained” In these instances, multiple Board dispositions are listed,
followed by the allegation number to identify the difference. Otherwise, the reader should assume the listed
disposition applies to all allegations included in the complaint.
1997
Complaint Number Allegation(s) Summary Chief’s Finding Board’s Finding
97-01 (1)Excessive use of force
(2)Inappropriate response to complaint
Not Sustained Not Sustained
(1),
Sustained (2)
97-02 (1)Conspiracy against the complainant
(2)Officers vindictive and fabricated charges
Not Sustained Not Sustained
97-03 (1)Excessive use of force
(2)Harassment, slander, and attempt to incite
complainant(3)Unwarranted videotaping by officer
Not Sustained Not Sustained
97-04 (1)Privacy violation (video-taping)Not Sustained Not Sustained
97-05 (1)Unwarranted arrest for public intoxication(2)Arrest on private property Not Sustained Not Sustained
97-06 (1)Privacy violation (video-taping)Not Sustained Not Sustained
97-07 (1)Harassment and denial of human rights
(2)Officers cracked glass on front door
(3)Malicious prosecution
Not Sustained Not Sustained
1998
Complaint
Number
Allegation(s) Summary Chief’s
Finding
Board’s Finding
98-01 (1)Right to be protected by police violated(2)Denied ability to live peacefully
(3)Harassment
Not Sustained Not Sustained
98-02 (1)Harassment
(2)Vehicle stopped without probable cause
(3)Unreasonable search and seizure
Not Sustained Not Sustained
73
98-03 (1)Human rights denial and harassment
(2)Failure to respond to correspondence
(3)Trespassing and damage to front door
Not Sustained Not Sustained
98-04 (1)Harassment Not Sustained Not Sustained
98-05 (1)Harassment Not Sustained Not Sustained
98-06 (1)Use of derogatory term & harassment
(2)Vehicle stopped without probable cause
(3)Officer did not respond to call for service
Not Sustained Not Sustained
98-07 (1)Right to live in peace violated
(2)Harassment
Not Sustained Not Sustained
98-08 (1)Harassment
(2)Illegal Investigation
Not Sustained Not Sustained
98-09 (1)Right to live in peace denied
(2)Harassment
Not Sustained Not Sustained
98-10 Complaint not filed within allowed time Summarily Dismissed
98-11 (1)Excessive Use of Force
(2)Unprofessional conduct and contact
Not Sustained Not Sustained
98-12 (1)Officer not uniformed during traffic
enforcement
(2)Use of profanity
(3)Unwarranted charges filed
Not Sustained Sustained (1),
Not Sustained (2,
3)
98-13 (1)Civil rights violation and harassment
(2)Officer wore wrong nametag
(3)Unnecessary breath test
(4)Unreasonable traffic stop
Not Sustained Not Sustained
98-14 (1)Conduct was cruel and racially motivated Not Sustained Not Sustained
98-15 (1)Complainant not informed of outstanding
warrant
(2)Complainant not allowed to take
medication
(3)Improper and rude behavior
Not Sustained Not Sustained
98-16 (1)Excessive use of force
(2)Unreasonable search
Not Sustained Not Sustained
98-17 (1)Vehicle stopped without probably cause
(2)Inappropriate, condescending language
(3)Inappropriate behavior and made
complainant wait in car too long
Not Sustained Not Sustained (1,
3)
Sustained (2)
98-18 (1)Complainant was arrested with limited
contact and warnings from officer
(2)Disagreement between officer and
complainant assessment of situation
Not Sustained Not Sustained
98-19 (1)Use of Excessive Force
(2)Unfair treatment and charges
Not Sustained Not Sustained
98-20 (1)Unnecessary breath test
(2)Unreasonable vehicle stop and search
(3)Racial discrimination
Not Sustained Not Sustained
74
1999
Ten total complaints filed: 1 summarily dismissed, 9 not sustained.
Complaint
Number
Allegation(s) Summary Chief’s
Finding
Board’s Finding
99-01 Complaint not filed within allowed time Summarily Dismissed
99-02 (1)Unfairly targeted in vehicle stop
(2)Intimidated into allowing vehicle search
Not Sustained Not Sustained
99-03 (1)Vehicle stopped due to racial bias Not Sustained Not Sustained
99-04 (1)Breath test administered without
reasonable suspicion
(2)Officer failed to advise that the breath test
could be refused
(3)Officer used inaccurate breath test
Not Sustained Not Sustained
99-05 (1)Officer threatened to use OC spray
(2)Complainant handled roughly
(3)Officer did not communicate reason for
arrest or advise Miranda rights
Not Sustained Not Sustained
99-06 (1)Arrest due to bias, not probably cause
(2)Medical treatment not offered for injuries
(3)Officers planted a controlled substance on
the person
Not Sustained Not Sustained
99-07 (1)Excessive force used during arrest
(2)Failure to provide medical attention
(3)Arrested without reason
Not Sustained Not Sustained
99-08 (1)ICPD communicated inappropriately with
news media regarding case
Not Sustained Not Sustained
99-09 (1)Complainant detained and harassed based
on racial bias(2)Vehicle stopped without probable cause
Not Sustained Not Sustained
99-10 (1)Officer used excessive physical force(2)Handcuffs placed too tightly Not Sustained Not Sustained
2000
Four total complaints filed: 1 partially sustained, 2 not sustained, 1 withdrawn by complainant.
Complaint Number Allegation(s) Summary Chief’s Finding Board’s Finding
00-01 (1)Race and gender discrimination
(2)False testimony during court
Not Sustained Not Sustained
75
00-02 (1)Officer used excessive physical force
(2)Coerced compliance through threats
(3)Interviewed child without permission(4)Caused damage to front door
Not Sustained Not Sustained
00-03 (1)Officer was accusatory, intimidating, andinvasive of personal space
(2)Complainant believes follow-up on
complaint from neighbor was misuse of
police resources
(3)Officer failed to provide timely notice of
warrant for arrest
Not Sustained (1,2),
Sustained (3)
Not Sustained (1,2),
Sustained (3)
00-04 Withdrawn by Complainant
2001
Six total complaints filed: 2 partially sustained, 1 withdrawn by complainant, 3 not sustained.
Complaint
Number
Allegation(s) Summary Chief’s
Finding
Board’s Finding
01-01 (1)Unlawful entry into residence(2)Residence unlawfully searched Not Sustained Not Sustained (1), Sustained (2)
01-02 (1)Misuse of pepper spray
(2)Officers failed to communicate rights and
charges against individual
(3)False information given to media
(4)Damage to property
(5)Rude behavior
Not Sustained Not Sustained
01-03 Withdrawn by Complainant
01-04 (1)Officer abused power and keptcomplainant on public display
(2)Handcuffs applied too tightly
(3)Officer was overly aggressive and
condescending
Not Sustained Not Sustained
01-05 (1)Officer initially failed to arrest the
intoxicated person that the complainant
reported
(2)Officer used word “vindictive” to describe
the complainant’s wish to have theindividual arrested
Not Sustained
(1),
Sustained (2)
Not Sustained (1),
Sustained (2)
01-06 (1)Inappropriately arrested for publicintoxication and obstruction of justice Not Sustained Not Sustained
2002
76
Four total complaints filed: 4 not sustained.
Complaint
Number
Allegation(s) Summary Chief’s
Finding
Board’s Finding
02-01 (1)Excessive use of force
(2)Failure to provide for safety and protectionof arrested individual
(3)Discourteous behavior
Not Sustained Not Sustained
02-02 (1)Officer used unnecessary force and applied
handcuffs too tightly
(2)Officer was rude and disrespectful
Not Sustained Not Sustained
02-03 (1)Officer made inappropriate contact with
complainant and made improper referral toDHS
Not Sustained Not Sustained
2003
Thirteen total complaints filed: 1 summarily dismissed, 2 partially summarily dismissed, 1 partially
sustained, 1 withdrawn by complainant, 8 not sustained.
Complaint Number Allegation(s) Summary Chief’s Finding Board’s Finding
03-01 (1)Videotape of incident altered
(2)Three additional allegations not filed
within allowed time frame: rude andoffensive, failure to provide medical
assistance, and excessive use of force
Not Sustained
(1),
Summarily
Dismissed (2)
Not Sustained (1),
Summarily
Dismissed (2)
03-02 (1)Excessive use of force
(2)Inappropriate comments
Not Sustained
(1), Sustained (2)
Not Sustained (1),
Sustained (2)
03-03 Complaint not filed within allowed time period Summarily dismissed
03-04 (1)Officers were mean, rude, and
inconsiderate
(2)Unlawful arrest
Not Sustained Not Sustained
03-05 (1)Inadequate investigation
(2)Dissatisfied with Press-Citizen publishing
son’s name in assault charge
(3)Dissatisfied son spent two days in Linn
County Juvenile Detention
Not Sustained
(1), Summarily
Dismissed (2, 3)
Not Sustained (1),
Summarily
Dismissed (2, 3)
03-06 (1)False report
(2)Improper conduct
(3)Unlawful arrest
Not Sustained Not Sustained
03-07 (1)False report
(2)Improper conduct
(3)Unlawful arrest
Not Sustained Not Sustained
03-08 (1)Excessive Use of Force Not Sustained Not Sustained
77
(2)Rudeness
03-09 (1)Failure to supervise Not Sustained Not Sustained
03-10 (1)Failure to investigate Not Sustained Not Sustained
03-11 (1)Officers made false statements
(2)Failure to provide medical care
(3)Unlawful searches
Not Sustained Not Sustained
03-12 Withdrawn by complainant
03-13 (1)Excessive use of force
(2)Unnecessary use of OC spray
(3)Post-arrest harassment
(4)Failure by officers to identify themselves
Not Sustained Not Sustained
2004
Three total complaints filed: 1 summarily dismissed, 2 not sustained.
Complaint
Number
Allegation(s) Summary Chief’s Finding Board’s Finding
04-01 Complaint did not involve ICPD sworn officer Summarily Dismissed
04-02 (1)Excessive use of force
(2)Failure to inform
Not Sustained Not Sustained
04-03 (1)Excessive use of force Not Sustained Not Sustained
2005
Four total complaints filed: 1 summarily dismissed, 3 not sustained.
Complaint Number Allegation(s) Summary Chief’s Finding Board’s Finding
05-01 Complaint not filed within allowed timeframe Summarily Dismissed
05-02 (1)Aggressive and improper language Not Sustained Not Sustained
05-03 (1)Differential treatment
(2)Improper conduct
Not Sustained Not Sustained
05-04 (1)Did not properly investigate complaint
(2)Use of condescending tone
Not Sustained Not Sustained
2006
Six total complaints filed: 6 not sustained.
Complaint
Number
Allegation(s) Summary Chief’s Finding Board’s Finding
06-01 (1)Violation of Fourth Amendment Not Sustained Not Sustained
06-02 (1)Officer refused to allow prayer
(2)Intimidation, harassment, and threats
Not Sustained Not Sustained
06-03 (1)Personal unprofessional conduct Not Sustained Not Sustained
78
(2)General bad conduct on duty
06-04 (1)Inappropriate behavior
(2)Wrongful arrest
Not Sustained Not Sustained
06-05 (1)Harsh tone and manner, insulting,
degrading, and showing prejudice
(2)Unwarranted delay in accomplishing
ticketing and searching
Not Sustained Not Sustained
06-06 (1)Destruction of property
(2)Retaliation
Not Sustained Not Sustained
2007
One total complaint filed: 1 not sustained.
Complaint
Number
Allegation(s) Summary Chief’s Finding Board’s Finding
07-01 (1)Threatened revocation of Section 8 rental
assistance(2)Unauthorized search of residence
Not Sustained Not Sustained
2008
Nine total complaints filed: 1 summarily dismissed, 1 partially sustained, 7 not sustained.
Complaint
Number
Allegation(s) Summary Chief’s Finding Board’s Finding
08-01 (1)Improper use of force
(2)Verbal abuse
(3)Unlawful arrest
Not Sustained Not Sustained
08-02 (1)Police did not respond to complaint
(2)Did not allow complaint to be filed
(3)Driving citation received as retaliation
(4)Unfair parking ticket
Not Sustained Not Sustained
08-03 Complaint did not involve ICPD sworn officer Summarily Dismissed
08-04 (1)Excessive use of force
(2)Inadequate investigation of incident
(3)Interference with medical emergency(4)Unprofessional behavior
Not Sustained Not Sustained
08-05 (1)Inappropriate comments Not Sustained Not Sustained
08-06 (1)Harassment
(2)Slander of complainant by officer
Not Sustained Not Sustained
08-07 (1)Rude and bullish behavior
(2)Unwilling to listen
Not Sustained Not Sustained
08-08 (1)Officer not trained in service dog laws
(2)Harassment and rude behavior
Not Sustained Not Sustained
79
(3)Retaliation
08-09 (1)Handcuffs applied too tightly
(2)Excessive use of force
(3)Officers did not assess situation well
(4)Officer lied in police report(5 – 7) Officer did not care for victim
properly
(8)Officer used bad judgement in moving the
patrol care while individual was standing
near it
Not Sustained (1
– 7), Sustained
(8)
Not Sustained (1 –
7), Sustained (8)
2009
Six total complaints filed: 1 summarily dismissed, 5 not sustained
Complaint
Number
Allegation(s) Summary Chief’s Finding Board’s Finding
09-01 (1)Officer maliciously made false statements,resulting in complainant behind
suspended & fired from job
Not Sustained Not Sustained
09-02 Complainant did not have “personal
knowledge” of incident
Summarily Dismissed
09-03 (1-3) Threatened with force and tear gas
(4 -5) Complainant not given opportunity to
give statement about incident
(6)Miranda warning not communicated
(7– 9) Officers unresponsive to information
about attacker and assault
(10 – 18) Complaints related to incidents in Johnson County Jail, not ICPD-related
Not Sustained Not Sustained
09-04 (1)Harassed Not Sustained Not Sustained
09-05 (1 – 3) Safety and protection violated, lack of
humane treatment, and handcuffs applied too tightly, causing injury
Not Sustained Not Sustained
09-06 Complaint did not involve ICPD sworn officer Summarily Dismissed
2010
Four total complaints filed: 1 partially sustained, 3 not sustained.
Complaint Number Allegation(s) Summary Chief’s Finding Board’s Finding
10-01 (1)Use of excessive force Not Sustained Not Sustained
10-02 Complainant did not have “personal
knowledge” of incident
Summarily Dismissed
80
10-03 (1)Officer was racially motivated
(2)Officer’s handling of investigation
influenced by relationship to driver(3)Officer was rude, intimidating, and
accusatory
(4)Failure to record interactions
(5)Ticket issued unfairly
Not Sustained (1-
3, 5), Sustained
(4)
Not Sustained (1-
3, 5), Sustained
(4)
10-04 (1)Officer touched complainant
inappropriately while applying handcuffs
Not Sustained Not Sustained
2011
Three total complaints filed: three not sustained.
Complaint
Number
Allegation(s) Summary Chief’s Finding Board’s Finding
11-01 (1)Officer inappropriately contacted
complainant’s employer and landlord, toencourage recourse against complainant
(2)Officer was untruthful in statements and
reports, and did not communicate charges
to complainant
(3)Officers did not respond in timely manner
and were unprofessional
(4)Audio/video missing from in-car cams
Not Sustained Not Sustained
11-02 (1)Intimidated and threats Not Sustained Not Sustained
11-03 (1)Followed and harassed by officer, and
mistreated with false accusations
Not Sustained Not Sustained
2012
Six total complaints filed: 1 summarily dismissed, 5 not sustained.
Complaint Number Allegation(s) Summary Chief’s Finding Board’s Finding
12-01 (1)Excessive use of force
(2)Harassment
(3)False Arrest
(4)Violation of Civil Rights
Not Sustained Not Sustained
12-02 Complaint did not involve ICPD sworn officer Summarily Dismissed
12-03 (1)Officer’s actions jeopardized safety of child
(2)Improper conduct and demeanor
Not Sustained Not Sustained
12-04 (1)Illegal search Not Sustained Not Sustained
12-05 (1)Officer calls locations where complainant
applies for jobs and tells them not to hire
Not Sustained Not Sustained
81
(2)Harassment in several locations
throughout Iowa City
(3)Charges filed in retaliation for PCRBcomplaint
12-06 (1)Excessive use of force(2)Illegal search Not Sustained Not Sustained
2013
Seven total complaints filed: 2 summarily dismissed, 4 not sustained.
Complaint
Number
Allegation(s) Summary Chief’s Finding Board’s Finding
13-01 (1)Racist behavior
(2)Harassment
Not Sustained Not Sustained
13-02 Complaint not filed within allowed timeframe Summarily Dismissed
13-03 Complaint not filed within allowed timeframe Summarily Dismissed
13-04 (1)Excessive use of force Not Sustained Not Sustained
13-05 (1)Excessive use of force
(2)Miranda warning not read
Not Sustained Not Sustained
13-06 (1)Assault and excessive use of force
(2)Failure to complete a use of force report
(3)Failure to use body camera
(4)Withholding evidence
Not Sustained Not Sustained
13-07 (1)Excessive use of force
(2)Improper conduct
Not Sustained Not Sustained
2014
Eleven total complaints filed: 3 summarily dismissed, 1 withdrawn by complainant, 3 partially
sustained, 4 not sustained.
Complaint Number Allegation(s) Summary Chief’s Finding Board’s Finding
14-01 (1)Harassment
(2)Lack of professionalism
Not sustained (1),
Sustained (2)
Not sustained (1),
Sustained (2)
14-02 (1)Excessive Use of Force Not Sustained Sustained
14-03 (1)Use of racial epithet(2)Harassment
(3)Illegal search of vehicle
Not Sustained Not Sustained
14-04 (1)Disobedience to laws and regulations
(2)Neglect of responsibilities
(3)Incompetence
Not Sustained Not Sustained
14-05 Complaint not filed within allowed timeframe Summarily Dismissed
14-06 (1)Unlawful search and seizure Not Sustained Not Sustained
82
14-07 Withdrawn by complainant
14-08 (1)Inaccurate information included in official
police report
(2)Retaliation for filing an earlier complaint
with CPRB
Not Sustained Not Sustained
14-09 Complaint not filed within allowed timeframe Summarily Dismissed
14-10 Complaint did not involve ICPD sworn officer Summarily Dismissed
14-11 (1)Citation due to prejudice
(2)Collision not investigated adequately
(3)Officer’s determination complainant was
“at-fault” was incorrect and citation
should not have been issued
Not Sustained Not Sustained (1,
2), Sustained (3)
2015
Three total complaints filed: 1 summarily dismissed, 2 not sustained.
Complaint Number Allegation(s) Summary Chief’s Finding Board’s Finding
15-01 (1)Racial profiling
(2)Discourtesy
Not Sustained Not Sustained
15-02 (1)Differential treatment
(2)False reports
(3)Rude and harassment
Not Sustained Not Sustained
15-03 Summarily Dismissed
2016
Five total complaints filed: 1 summarily dismissed, 1 sustained, 1 partially sustained, 2 not sustained.
Complaint
Number
Allegation(s) Summary Chief’s Finding Board’s Finding
16-01 Summarily Dismissed
16-02 (1)Questionable interview and interrogation
tactics
(2)Unlawful seizure of cell phone
Not Sustained Sustained
16-03 (1)Unnecessary use of force
(2)Unlawful entry
Not Sustained Not Sustained
16-04 (1)Unnecessary use of force
(2)1 of 3 officers failed to activate body-worncamera
Not Sustained (1),
Sustained (2)
Not Sustained
(1), Sustained (2)
16-05 (1)First Amendment rights violated(2)Complainant not given opportunity to
provide verbal identification or take pre-
arrest sobriety/breath test
Not Sustained Not Sustained
83
(3)Reason for arrest not communicated
(4)Probable cause fabricated
(5)Improper application of handcuffs(6)Unlawful search after arrest
(7)Unlawful arrest and detention
(8)Profanity
2017
Four total complaints filed: 1 withdrawn by complainant, 1 partially sustained, 2 not sustained.
Complaint
Number
Allegation(s) Summary Chief’s Finding Board’s Finding
17-01 (1)Failure to properly investigate accident
(2)Discourtesy
Not Sustained Not Sustained
(1), Sustained (2)
17-02 Withdrawn by Complainant
17-03 (1)Discrimination Not Sustained Not Sustained
17-04 (2)Discrimination Not Sustained Not Sustained
2018
Two total complaints filed: 2 not sustained.
Complaint Number Allegation(s) Summary Chief’s Finding Board’s Finding
18-01 (1)Failure to perform duties Not Sustained Not Sustained
18-02 (1)Improper investigation
(2)Misinformation on collision report
Not Sustained Not Sustained
2019
Five total complaints filed: 5 not sustained.
Complaint
Number
Allegation(s) Summary Chief’s Finding Board’s Finding
19-01 (1)Excessive use of force
(2)Apartment wrecked during search
(3)Failure to provide copy of warrant
Not Sustained Not Sustained
19-02 (1)Excessive use of force Complainant lacked
standing due to
lack of personal
knowledge
Not Sustained
19-03 (1)Improper towing of vehicle Not Sustained Not Sustained
84
19-04 (1)Officer’s decision not to file charges
influenced by personal relationship
(2)Incident not investigated properly(3)Illegal search and seizure
Not Sustained Not Sustained
19-05 (1)Improper investigation Not Sustained Not Sustained
85
APPENDIX E
Definitions of Allegation Categories
To aid in the development of data visualizations, complaint allegations were categorized into 19
different allegation types. For example, if a complaint allegation alleges that an officer was rude and
disrespectful, this was sorted into the ‘Unprofessional Conduct’ category. Definitions for all types of
allegations are included below, in alphabetical order:
•Biased Policing: Allegations of an officer displaying discrimination, prejudice, or bias based
race, gender, religion, or any other protected class.
•Civil Rights or Liberties Violation: Allegations in which the complainant invoked a real or
perceived civil right, civil liberty, or human right as the basis of the allegation. Examples include
allegations in which an officer is alleged to have violated an individual’s right to live in peace.
This category serves as a catch-all for these types of allegations that are not included in other
categories, such as the “Unlawful Search and/or Seizure” category (which is still a Fourth
Amendment right), or the “Biased Policing” category which includes allegations specific to
discrimination motivated race, gender, etc.
•Conspiracy or Abuse of Power: Allegations which involve an officer/officers plotting against
the complainant or contacting a complainant’s employer or landlord to encourage them to take
disciplinary action against the complainant.
•Excessive Use of Force: Allegations of an officer using a level of force that is not consistent
with the circumstances, or that does not align with the ICPD Use of Force policy.
•Harassment or Intimidation: Allegations of an officer using aggressive verbal badgering, or
coercing compliance and behavior through verbal threats and scare tactics.
•Improper Interview or Interrogation Tactics: Allegations of an officer conducting
investigative interviews without permission or which involve deceptive or otherwise unnecessary
behavior.
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•Improper or Inadequate Investigation: Allegations of an officer failing to conduct an
investigation as requested, or performing an investigation which the complainant finds
insufficient or in some way compromised.
•Improper Procedure: Allegations which do not fit into another identified category and accuse
an officer not following ICPD policies, practices, or procedures. Examples of allegations in this
category include officers not informing individuals of rights or charges against them, applying
handcuffs too tight, failing to activate an in-car or body-worn camera, or administering a breath
test inappropriately.
•Incorrect or False Police Report: Allegations of officers including incorrect or false
information in official incident or collision reports, media statements, or court testimony.
•Lack of or No Service: Allegations of officers failing to respond, in part or in whole, to calls
for service, complaints, or requests for information or an investigation.
•Neglect of Health or Safety: Allegations of officers failing to provide needed medical
attention, or taking an action which puts the safety and wellbeing of those involved at risk.
•Property Damage: Allegations of officers causing damage to personal property.
•Retaliation: Allegations of officers issuing citations or charges or otherwise taking
inappropriate action, in response to a prior grievance with the complainant.
•Summarily Dismissed or Withdrawn by Complainant: Complaints and allegations are
summarily dismissed if they are not filed within the allowed timeframe, do not involve an Iowa
City sworn police officer, or the complainant does not have “personal knowledge” as defined by
the ordinance. On some occasions, complainants also withdraw complaints by their own accord
before the complaint is processed by the Police Chief or Board.
•Traffic Stop without Probable Cause: Allegations of officers making vehicle stops without a
legitimate reason for the stop.
•Unlawful Entry, Search, and/or Seizure: Allegations of officers entering personal property,
conducting an unreasonable or illegal search of private property, and/or seizure of personal
property without reason.
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•Unprofessional Conduct: Allegations in which officers act in a manner that is disparate from
the professional behavioral expectations of a peace officer. Examples include swearing,
inappropriate language, discourtesy, and rudeness.
•Unwarranted Citation, Charge, or Arrest: Allegations of an officer making issuing a citation
or charge or making an arrest that is wrongful or without reason.