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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 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".
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. Within seven (7) days after such meeting, the Police Chief or the City Manager may, in the Police Chief's or City Manager's discretion, issue an amended investigative report for the board's consideration.
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; amd. Ord. 19-4783, 3-12-2019; Ord. 22-4886, 8-16-2022)
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 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. The complainant shall have twenty-one (21) days to respond to the Police Chief’s or City Manager’s report, and the Police Chief and City Manager shall have ten (10) days to respond to complainant’s response. The board will grant extensions from these deadlines for good cause shown. The complainant’s response shall be considered part of the complaint, and the Police Chief’s or City Manager’s response to the complainant’s response shall be considered part of the Police Chief’s report or City Manager’s report as those terms are used in Chapter 8.
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; amd. Ord. 21-4857, 5-18-2021)
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.
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.
Any time after the board selects a level of review, the board may, on a simple majority vote, select any other or additional level of review.
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 issue a report that disagrees with the decision set forth in the Police Chief's or City Manager's report only if:
a. The Police Chief's or City Manager's findings and/or conclusions are not supported by substantial evidence;
b. The Police Chief's or City Manager's findings and/or conclusions are unreasonable, arbitrary or capricious; or
c. The Police Chief's or City Manager's findings and/or conclusions 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 B7 of this section. When collecting and reviewing additional evidence, the board shall rely on evidence which reasonably prudent persons are accustomed to rely upon in the conduct of their serious affairs.
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. Within seven (7) days after such meeting, the Police Chief or City Manager may, in the Police Chief's or City Manager's discretion, issue an amended investigative report for the board's consideration.
5. Any time prior to the issuance of the board's public report to the City Council, any member of the board may make a motion to vote again on whether to sustain or not sustain the complaint.
6. 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 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. No findings or report submitted to the board or prepared by the board shall be used in any other proceedings.
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, 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.
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.
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; amd. Ord. 15-4627, 6-16-2015; Ord. 19-4783, 3-12-2019; Ord. 22-4886, 8-16-2022)
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)
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)
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 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)
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)