[CPRB] Iowa City cprb ordinance text

[Ricky Baldwin]

Iowa City CPRB ordinance
www.icgov.org
City Code Title 8 Chapter 8

8-8-1: CREATION OF A POLICE CITIZENS REVIEW BOARD: 
As permitted under Iowa's home rule authority, the
city hereby creates a police citizens review board, to
be hereafter referred to as the "Board", subject to
the duties and limited powers set forth herein. (Ord.
97-3792, 7-15-1997) 

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. 
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. 
C. Citizens 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. 
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
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. Formal
mediation shall be available to the complainant(s) and
the police officer(s) at any time during the process. 
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. 
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. 
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. 
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, demographic
information, and recommendations as to how the police
department may improve its community relations or be
more responsive to community needs. 
O. The board shall review police practices,
procedures, and written policies as those practices
and procedures relate to the police department's
performance as a whole, and shall report their
recommendations, if any, to the city council, city
manager and police chief. (Ord. 01-3976, 7-10-2001) 

8-8-3: DEFINITION OF COMPLAINT; COMPLAINT PROCESS IN
GENERAL: 
A. A "complaint to the Board" or "PCRB Complaint" 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 PCRB 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 PCRB complaint form, the PCRB 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 PCRB complaint based on
a reasonable belief that police misconduct has
occurred regardless of personal knowledge. The person
or official filing the PCRB 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. 01-3976, 7-10-2001) 

8-8-4: FORMAL MEDIATION: 
A. Formal mediation shall be the responsibility of the
board, and shall be available to the complainant(s)
and police officer(s) at any stage of the process upon
consent of all involved parties and as provided by the
board. Upon the filing of a PCRB complaint, all
complainants shall be informed that formal mediation
is available. A complainant may also meet informally
with the police officer and the watch commander of the
police officer if the complainant wishes to do so. 
B. If a PCRB complaint is successfully mediated, the
terms of the mediation agreement shall be set forth in
writing, and shall be kept confidential to the extent
allowed by law; but the status of settlement shall be
maintained in the board's central registry for
reporting in the board's annual report. There shall be
no retaliation against police officers who choose not
to mediate. (Ord. 01-3976, 7-10-2001) 

8-8-5: POLICE DEPARTMENT AND POLICE CHIEF
INVESTIGATORY DUTIES; CITY MANAGER INVESTIGATORY
DUTIES: 
A. Complaints: The police department shall forward
copies of all PCRB complaints received to the board.
If the complaint concerns the police chief, a copy of
the complaint shall also be forwarded to the city
manager. 
B. Investigation: It shall be the mandatory duty of
the police chief to do the following: 
1. Prior to investigation of any PCRB 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. Notify the complainant and the police officer who
is the subject of the complaint that formal mediation
is available at any time during the police
department's investigation and the board's review. The
police chief may also notify the complainant that the
complainant may meet informally with the police
officer and the watch commander of the police officer
if the complainant wishes to do so. 
3. Assign the PCRB 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. 
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". 
C. Legal Advice: If litigation, including criminal
charges, relating to the matter of the PCRB 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 PCRB complaint should proceed. 
D. Complaints Against Police Chief: If a PCRB
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. 01-3976, 7-10-2001) 

8-8-6: POLICE CHIEF'S REPORT TO THE BOARD; CITY
MANAGER'S REPORT TO THE BOARD: 
A. The police chief shall receive the designated
investigators' 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 PCRB complaint; 
2. A written conclusion which explains why and the
extent to which the PCRB 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 PCRB 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
PCRB complaint is filed. The board may 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 PCRB 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. 01-3976,
7-10-2001) 

8-8-7: DUTIES OF THE BOARD; COMPLAINT REVIEW AND
GENERAL DUTIES: 
A.Complaints: The board shall forward copies of all
PCRB complaints received to the police chief for
investigation; or where the PCRB complaint concerns
the police chief, forward a copy of the PCRB complaint
to the city manager for investigation. 
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 PCRB 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. Performance by board of its own additional
investigation; 
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. 
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 B4 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. 
3. At the conclusion of the board's review, the board
shall issue a public report to the city council
concerning the PCRB complaint investigation. Such
public report shall include detailed findings of fact
concerning the PCRB 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 and the city manager. 
4. 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. 
5. 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. 
6. The board's report to the city council shall be
completed within forty five (45) 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. 
7. 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. 
8. 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. 
3. In addition to the annual report, the board shall,
from time to time, report to the city council on
police practices, procedures and policies, including
recommended changes, if appropriate. 
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. 01-3976, 7-10-2001) 

8-8-8: BOARD COMPOSITION; LIMITED POWERS OF THE 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. (Ord. 03-4096,
9-9-2003) 
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 PCRB
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 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. 
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. 01-3976, 7-10-2001)

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. 97-3792, 7-15-1997) 

8-8-10: COUNCIL REVIEW: 
On or before August 1, 2003, and every two (2) years
thereafter the city council shall evaluate the
effectiveness of the board in light of the goals and
principles set forth in section 8-8-2 of this chapter.
(Ord. 01-3976, 7-10-2001) 

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 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. 99-3877, 4-20-1999) 





		
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