8-8-8: BOARD COMPOSITION; LIMITED POWERS OF BOARD:
   A.   Board Composition:
      1.   The board shall consist of seven (7) 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 two (2) 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.
      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.
      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; amd. Ord. 22-4873, 2-1-2022; Ord. 22-4886, 8-16-2022)