A. Investigations into claims of inappropriate conduct by sworn police officers will be conducted in a manner which is fair, thorough, and accurate.
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.
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 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)