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HomeMy WebLinkAbout09-14-1999 Communication City of Iowa City MEMORANDUM Date: August 31, 1999 To: Police Citizens Review Board From: City Manager Re: Diversity Training In your recent Annual Report to the City Council, as well as noted in media accounts, you expressed interest as well as concern for diversity related training for our police officers. Your comments and the timeliness of those comments are appropriate. We have been putting together a City-wide training program/policy for the City organization concerning that very issue. This training is to be conducted in the Fall of this year and it is mandatory for all City employees. We can provide you follow-up reports if you are interested. Additionally, the Police, on their initiative, have undertaken the following diversity training activities. 1999 Sgt. Jackson and Marian Coleman (Iowa City Schools). This training's focus was on cultural conflict, which is frequently brought about by a lack of understanding of communication differences. Officers were exposed to various body language and words that mean something different than generally thought. Various issues of cultural sensitivity were discussed. 1997 Heather Shank, Iowa City Human Rights Coordinator. This training dealt with gender identity and situations where police officers may be involved with persons of this protected category. Video and discussion preceded a discussion of more sensitive ways to deal with potential conflict and better understanding. 1996 Lon Moeller and Diane Finnerty (Affirmative Action Office, University of Iowa). Discussion of cultural diversity - what is it? Explored stereo types, where they come from and how they affect us. Examines dimensions of communication (both verbal and nonverbal) and how they are perceived by different cultures. Liability issues were discussed. cc: City Council Chief of Police · .-~ Personnel Administrator Im~mern~sa8-24.doc Catherine A. Pugh Stein & Pugh, LLP Englert Building PO Box 2416 Iowa City, IA 52244-2416 Re: PCRB Inquiry Concerning In-Car Recording Devices Dear Catherine: This lettcr will respond to your ~etter of August 20, 1999 regard!rig tapes generated by in-car recording devices. In the event a tape of an incident forming the basis of a PCRB complaint exists, that tape would be available for viewing by the Board. It is conceivable that some scrambling/redaction would be necessary to avoid identification of the officer as we have done previously with video tapes. With respect to your question about how long the tapes from the in- car recording devices are preserved, enclosed for your information is a copy of general order 99-08 entitled "In-Car Recording Devices". The "Tape ControL" section of that order addresses your question. "Full" tapes will be retained for a period of at least 90 days. In the event that a tape is removed from service because it documents a "critical incident" the tape would be retained until its use for such purpose is no longer necessary. For example, a tape documenting a felony would, at a minimum, be kept until trial had been held and all appeal periods had passed. Given that the statute of limitations on a PCRB complaint is 90 days, it may be appropriate to keep "fulr'/non-incident tapes for longer than 90 days. I have spoken briefly to Chief Winkelhake about this issue and he would be amenable to lengthening the time period to make sure any tape of an incident serving as the basis for a PCRB complaint is available for the investigation, as long as the period is not to long as to pose a burden on the storage capacity of the depadment. I suggest that 110 days would suffice. Let me know if the PCRB has any thoughts on this issue. Please contact me if you have any additional questions. Very truly yours, Eleanor M. Dilkes City Attorney cc: RJ Winkelhake Sarah Holecek Marian Karr town ctTY, town ~24o-]8~6 · (3~) ~6-~ooo · ~^x <],~) ~6-~oo~ C0~¥ FOR¥OUR ..... IN CAR RECORDING DEVICES I Date of Issue General Order Number JUlY 30, 1999 99-08 lEffective Date Section Code August 4, 1999 ePS-12 IReevaluation Date Amends / Cancels August 2000 NEW I C.A.L.E.A. Reference 41.3.8 99-06 Traffic INDEX AS: Use of Force Traffic Stops Internal Investigations Evidence Evaluations h PURPOSE The purpose of this policy is to identify when in car recording devices should be used and procedures to be followed when using the recording equipment. Ih POLICY It is the policy of the Iowa City Police Department to use in-car recording devices to collect evidence and document interactions between officers and the public. Only approved equipment will be used by department members and usage shall comply with the manufacturers instructions. Only those members trained in the use of the recording devices are authorized to use the equipment. All tapes are the property of the Iowa City Police Department. Any distribution of a tape or portion of a tape shall be with the authorization of the Chief of Police or his/her designee. The playing or copying of any unauthorized tape is prohibited. OPS 12.2 III. DEFINITIONS In-Car audio/video recording equipment consists of; a camera, control unit, videotape and monitor. The VCR unit is mounted in the vehicle, a remote control is on the officer's belt and the microphone is worn on the officer's uniform. IV. PROCEDURES The use of in-car video and audio equipment will allow officers to collect evidence for use in the prosecution of those charged with a violation. Other appropriate uses of the recorded information include but are not limited to: A. review of an incident prior to a court appearance; B. recorded information may be used or subpoenaed into court for civil and/or criminal cases; C. provide documentation of incidents which do not result in charges; ' D. assist in the report writing process; E. recorded material may be used in or provide the basis for training. The Commander of Field Operations or his/her designee will supervise the use, storage, duplication and erasing of the material recorded by members of this department. If an officer notices that tllere is a problem with the equipment, he/she shall notify a watch supervisor. The watch supervisor will forward notification of the problem or malfunction to the Commander of Field Operations or his/her designee. Only persons trained in the servicing of audio/visual equipment will service the equipment. Any defective unit will not be used, and when practical, will be removed from the vehicle until repaired. Only those officers who have been trained in the use of audio/visual record!ng equipment may operate the equipment. If an officer who is not trained in the use of the equipment if assigned to a vehicle containing the equipment, a tape will not be inserted into the unit. Officers are not required to inform person(s) that the recording equipment is in use, but shall disclose its use upon inquiry. USE OF EQUIPMENT In-car audio/visual recording units will be installed such that they are automatically turned on when the emergency lights of the police vehicle are activated. All traffic stops should be recorded in their entirety. Officers should, to the extent possible, use the recording equipment to document the administration of field sobriety tests, remembering that safety is the first priority. When the use of the recording unit is initiated, officers may have occasion to turn the recording device off. In these instances the officer shall articulate the purpose for turning the unit off prior to turning the unit off. (I.e. taking of an accident report at the scene after establishing identity of those involved, motorist OPS 12.3 assist, parking calls) This does not preclude the use of the equipment in these type situations if the officer elects to do so. In addition to traffic stops, officers should manually activate the recording equipment on calls for service and on self initiated field activity. This may be done from the car or via the remote attachment. On calls for service and self initiated field activity, officers should not stop the recording until the call is terminated. In instances where the recording must be interrupted the officer shall articulate the reason for the interruption prior to turning the equipment off. While in contact with citizens officers should, to the extent possible, provide a narrative of the activity(s) being recorded. Upon termination of the contact the officer should provide a brief synopsis of the contact including the subject's name prior to turning off the recorder. The use of privately owned or rented tapes on in-car audio/video recording equipment owned by the Iowa City Police Department is strictly prohibited. TAPE CONTROL Officers will be provided with two tapes. The tapes will have a label affixed which contains the identification number of the tape, the number of the officer to whom the tape was assigned and the date assigned. Each officer will insert their tape into the tape machine at the beginning of their watch. At the end of each watch, the officer will remove the tape and write any case numbers on the tape label. When the officer next returns to work he/she will re-insert the tape, starting at the ending point from his/her previous watch. When a tape becomes full, or the indicator on the recording equipment indicates the tape is nearly full, the officer will insert a blank tape. When practical the officer will contact a watch supervisor to surrender the full tape and receive a blank tape. The date the tape was surrendered will be recorded on the label. Tapes which contain documentation of felonies, vehicle pursuits or other critical incidents as determined by watch supervisors, shall be removed from service a soon as practically possible. A watch supervisor will supply the officer with a blank replacement tape. An officer may request that a tape be removed from service if he/she believes it contains information of a critical nature. This request will be to a watch supervisor who will make the final determination. If the tape contains documentation of a use of force, the tape number should be included in the Use of Force Report form. In instances where there is a citizen complaint against a member of the department, the supervisor receiving the complaint shall ascertain if the action being complained about was recorded. If so, the tape number shall be included on the Internal Affairs Registry. Tapes which the officer believes, are evidentiary in nature shall be submitted along with a property form to the evidence technician. To the extent possible, OPS 12.4 ',~ the officer should indicate the approximate location of the evidentiary section on the property form. i.e. include tape counter number on the form. All "full" tapes will be retained for a period of at least 90 days. If within the 90- day period it is learned that the tape needs to be kept. in excess of 90 days, the officer will notify the Commanding Officer of Field Operations in writing. Notice will consist of, type of incident, tape number and reason for keeping the tape in excess of the 90 days. (i.e. notice of a court date which is outside the 90-day limit and the tape is of evidentiary value) Extensions will be reviewed monthly. Full tapes will be kept in the tape cabinet. Watch supervisors will record each time the cabinet is entered and any tapes submitted or removed from the cabinet. Only tt~e Comman(~ing'Officer of Field Operations or his/her designee will erase tapes. Tapes must be erased prior to being returned to service. Tapes will not be erased until the 90-day period has expired. If an officer observes a quality problem with the tape, he/she should notify a supervisor when practical and exchange the tape. Officers are prohibited from "taping over" existing footage. The watch supervisor will select at random at least two tapes per officer per year. for review. The purpose of this review is to ensure the recording equipment is being operated in accordance with departmental policies. A log will be maintained by the watch supervisor indicating the officer, date, and 'tape reviewed. R. J.'Winkelhake, Chief of Police WARNING :. ~':~' This directive is for departmental use only and does not apply in any criminai or civil 3roceed ng. The department policy should not be constrUed as a creation of higher al standard of safety or care in an evidentiary sense"with respect to third~ claims. Violations of this directive will only form the basis for departnl'ental administrative sanctions.