HomeMy WebLinkAbout03-09-2004 Police Citizens Review BoardAGENDA
POLICE CITIZENS REVIEW BOARD
March 9, 2004 — 7:00 P.M.
LOBBY CONFERENCE ROOM
410 E. Washington Street
ITEM NO. 1 CALL TO ORDER and ROLL CALL
ITEM NO. 2 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR
AMENDED
• Minutes of the meeting on 02/10/04
• ICPD General Order 01 -01 (Racial Profiling)
• ICPD General Order 04 -01 (Personnel Early Warning System)
• ICPD Use of Force Report — January 2004
ITEM NO. 3 NEW BUSINESS
ITEM NO. 4 OLD BUSINESS
ITEM NO. 5 PUBLIC DISCUSSION
ITEM NO. 6 BOARD INFORMATION
ITEM NO. 7 STAFF INFORMATION
ITEM NO. 8 CONSIDER MOTION TO ADJOURN TO EXECUTIVE SESSION based on
Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are
required or authorized by state or federal law to be kept confidential or to be kept
confidential as a condition for that government body's possession or continued
receipt of federal funds, and 22.7(11) personal information in confidential
personnel records of public bodies including but not limited to cities, boards of
supervisors and school districts, and 22 -7(5) police officer investigative reports,
except where disclosure is authorized elsewhere in the Code; and 22.7(18)
Communications not required by law, rule or procedure that are made to a
government body or to any of its employees by identified persons outside of
government, to the extent that the government body receiving those
communications from such persons outside of government could reasonably
believe that those persons would be discouraged from making them to that
government body if they were available for general public examination.
ITEM NO. 9 MEETING SCHEDULE and FUTURE AGENDAS
• April 13, 2004, 7:00 P.M., Lobby Conference Room
• May 11, 2004, 7:00 P.M., Lobby Conference Room
• June 8, 2004, 7:00 P.M., Lobby Conference Room
• July 13, 2004, 7:00 P.M., Lobby Conference Room
ITEM NO. 10 ADJOURNMENT
MEMORANDUM
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
DATE: March 5, 2004
TO: PCRB Members
FROM: Kellie Tuttle
RE: Board Packet for meeting on March 9, 2004
Enclosed please find the following documents for your review and comment at the next board
meeting:
• Agenda for the meeting on 03/09/04
• Minutes of the meeting on 02/10/04
• ICPD General Order 01 -01 (Racial Profiling)
• ICPD General Order 04 -01 (Personnel Early Warning System)
• ICPD Use of Force Report — January 2004
• PCRB Complaint Deadlines
• PCRB Office Contacts — February 2004
• Extension request to Council for PCRB #03 -13
Other resources available:
National Association for Civilian Oversight of Law Enforcement
NACOLE provides information regarding civilian oversight in law enforcement nation wide. For
more information see: www.NACOLE.org
DRAFT
POLICE CITIZENS REVIEW BOARD
MINUTES — February 10, 2004
CALL TO ORDER Vice Chair Candy Barnhill called the meeting to order at 7:04 p.m.
ATTENDANCE Board members present: Candy Barnhill, Greg Roth, John Stratton, and Roger
Williams; Board member absent: Loren Horton. Legal Counsel Catherine Pugh
and Staff Kellie Tuttle present. Also in attendance was Capt. Tom Widmer of the
ICPD.
RECOMMENDATIONS TO COUNCIL
(1) Accept PCRB Report on Complaint #03 -11.
CONSENT
CALENDAR
NEW BUSINESS
OLD BUSINESS
PUBLIC
DISCUSSION
BOARD
INFORMATION
STAFF
INFORMATION
EXECUTIVE
SESSION
Motion by Stratton, seconded by Williams, to adopt the consent calendar.
• Minutes of the meeting on 01/13/04
Motion carried, 4/0. Horton absent.
None.
None.
None.
None.
None.
Motion by Roth, seconded by Stratton, to adjourn into Executive Session based
on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are
required or authorized by state or federal law to be kept confidential or to be kept
confidential as a condition for that government body's possession or continued
receipt of federal funds, and 22.7(11) personal information in confidential
personnel records of public bodies including but not limited to cities, boards of
supervisors and school districts, and 22 -7(5) police officer investigative reports,
except where disclosure is authorized elsewhere in the Code; and 22.7(18)
Communications not required by law, rule or procedure that are made to a
government body or to any of its employees by identified persons outside of
government, to the extent that the government body receiving those
communications from such persons outside of government could reasonably
believe that those persons would be discouraged from making them to that
government body if they were available for general public examination.
Motion carried, 4/0, Horton absent. Open session adjourned at 7:07 P.M.
PCRB -Page 2
February 10, 2004
REGULAR
SESSION Returned to open session at 7:40 P.M
Motion by Stratton, seconded by Williams, to forward the Public Report as
amended for PCRB Complaint #03 -11 to City Council. Motion carried, 4/0,
Horton absent.
Motion by Stratton, seconded by Roth, to set the level of review for Complaint
#03 -13 to 8- 8- 7(B)(1)(b), Interview /meet with complainant, and 8 -8 -7 (B)(1)(e),
Performance by board of its own additional investigation. Motion carried, 4/0,
Horton absent.
Motion by Williams, seconded by Stratton, to request a 60 -day extension for
PCRB Complaint #03 -13, for the following reasons: Further investigation by the
Board and the Board wishes to interview the complainant. Motion carried, 4/0,
Horton absent.
Staff was directed to request additional information from the Police Chief
regarding Complaint #03 -13.
MEETING SCHEDULE
• March 9, 2004, 7:00 P.M., Lobby Conference Room
• April 13, 2004, 7:00 P.M., Lobby Conference Room
• May 11, 2004, 7:00 P.M., Lobby Conference Room
• June 8, 2004, 7:00 P.M., Lobby Conference Room
ADJOURNMENT Motion by Roth, seconded by Stratton, to adjourn. Motion carried, 4/0, Horton
absent. Meeting adjourned at 7:44 P.M.
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240 -1826
(319)356 -5041
TO: City Council
Complainant
Stephen Atkins, City Manager
R. J. Winkelhake, Chief of Police
Officer(s) involved in complaint
FROM: Police Citizens Review Board
RE: Investigation of PCRB Complaint #03 -11
DATE: 10 February 2004
This is the Report of the Police Citizens Review Board's (the "Board ") review of the
investigation of Complaint PCRB #03 -011 (the "Complaint ").
Board's Responsibility
Under the City Code of the City of Iowa City, Section 8 -8 -76 (2), the Board's job is to
review the Police Chiefs Report ( "Report") of his investigation of a complaint. The City
Code requires the Board to apply a "reasonable basis" standard of review to the Report
and to "give deference" to the Report "because of the Police Chiefs professional
expertise" Section 8 -8 -713 (2). While the City Code directs the Board to make "findings of
fact ", it also requires that the Board recommend that the Police Chief reverse or modify
his findings only if these findings are "unsupported by substantial evidence ", are
"unreasonable, arbitrary or capricious" or are "contrary to a Police Department policy or
practice or any Federal, State or Local Law ". Sections 8 -8 -713 (2) a.
Board's Procedure
The Complaint was received at the Office of the City Clerk, October 13, 2003. As
required by Section 8 -8 -5 of the City Code, the Complaint was referred to the Chief of
Police for investigation.
The Chiefs Report was due on January 08, 2004 and was filed with the City Clerk on
January 08, 2004.
PCRB #03 -11
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This is the Report of the Police Citizens Review Board's (the "Board ") review of the
investigation of Complaint PCRB #03 -011 (the "Complaint ").
Board's Responsibility
Under the City Code of the City of Iowa City, Section 8 -8 -76 (2), the Board's job is to
review the Police Chiefs Report ( "Report") of his investigation of a complaint. The City
Code requires the Board to apply a "reasonable basis" standard of review to the Report
and to "give deference" to the Report "because of the Police Chiefs professional
expertise" Section 8 -8 -713 (2). While the City Code directs the Board to make "findings of
fact ", it also requires that the Board recommend that the Police Chief reverse or modify
his findings only if these findings are "unsupported by substantial evidence ", are
"unreasonable, arbitrary or capricious" or are "contrary to a Police Department policy or
practice or any Federal, State or Local Law ". Sections 8 -8 -713 (2) a.
Board's Procedure
The Complaint was received at the Office of the City Clerk, October 13, 2003. As
required by Section 8 -8 -5 of the City Code, the Complaint was referred to the Chief of
Police for investigation.
The Chiefs Report was due on January 08, 2004 and was filed with the City Clerk on
January 08, 2004.
PCRB #03 -11
Page 1
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The Board voted to review the Complaint in accordance with Section 8- 8- 7 %qa),
the record with no additional investigation. 71
The Board met to consider the Report on January 13, 2004 and February 1-6,;q ]004,,, :71
o
Findings of Fact D �
CD
On September 17, 2003, at approximately 10:34 p.m. police were called to 507 N. Linn
St. in Iowa City in reference to a male beating a female. Upon arrival Officer A reported
hearing yelling and a baby crying. Officer A reported looking through the front window
and observed a man and a woman pushing each other. The woman was later identified
as the complainant and the man as the baby's father. Officer A reported that the
complainant wore a t -shirt with what appeared to be blood on it. Officer A reported
knocking at the door and the man answered. When officer A inquired about the blood
the man reportedly stated "they were cut up in here ". The complainant then began
pushing at the door and yelling for the officer to get out of her house and that she
needed a warrant. When officer A gained access into the room the complainant's foot
had become caught under the door. Officer B now arrived on the scene.
The complainant exited the living room area and had entered the bedroom shutting the
door behind her. Officer A knocked on the door. When Officer A entered the bedroom
the complainant was wearing a different shirt and denied the existence of another t -shirt
or that she had changed shirts to the Officer. Officer A reportfhat the complainant
became less cooperative as she realized that the man was going to be arrested. Officer
A also reported the complainant was allowed to get the crying baby and bring the child
from the living room to the bedroom. The complainant sat down on the bed in the
bedroom and laid the baby beside her. The complainant told Officer A that she tried to
get the man to leave and they (the complainant and the man) began pushing each
other. The complainant told Officer A that she banged her head on the corner of the
wall and cut her lip causing blood to be splattered on the wall. Pictures were taken to
document the injuries.
Officer A later noticed a scrape to the right temple area of the complainant but reported
seeing no blood from this injury. Officer A cleaned the area and put a band -aid over the
scrape. Officer C asked the complainant to consent to a search while she was in the
bedroom. She consented and later withdrew her consent prior to the discovery or
confiscation of any physical evidence. Officer A arrested the complainant and took her
to a squad car. Officer C performed a Search Incident to Arrest and found a weapon
(handgun) under the bed where the complainant had been sitting. The complainant was
later brought back into the bedroom and was confronted with the discovery of the
weapon. The Iowa Department of Human Services was called to the scene and took
the baby into protective custody. An assistant Johnson County Attorney followed up a
PCRB #03 -11
Page 2
few days later by filing a CHINA petition.
The complainant told investigators of this complaint that whoever was at the door
(Officer A) was being disrespectful to the man and that she did not realize it was a
police officer. She stated she thought that since she did not summon the officer she did
not have to let the officer in. The complainant told the investigators that she went into
the bedroom to change her shirt. She stated she was not trying to hide the bloody shirt
and showed Officer A where the t -shirt was. The complainant told investigators that she
knew Officer A was calling Human Services when she was at the front door. The
complainant told investigators that she did not know she had an injury to her temple
until Officer A mentioned it to her. The complainant later told investigators that she
thought the injury to be serious and life threatening and that it was a big hole and
poured and dripped blood all night. At no time did the complainant request medical
assistance for the injury to her temple area.
Conclusion
Allegation # 1: False statements against Officer A
The board has no cause to suspect or believe Officer A made false statements to any
party involved with this situation. Officer A's statements were supported by the written
reports of other officers on the scene and in some circumstances by the complainant.
She reported accurately the order of events and movements of those involved, both
police and citizen. Officer A documented the need for the temporary custody /removal of
the baby from the residence due to the dangerous surroundings that evening and did
nothing to convey false information to either the Department of Human Services or the
Johnson County Attorney's Office. The Board finds the Chiefs conclusion is supported
by substantial evidence and is not unreasonable, arbitrary, or capricious. Allegation #1
against Officer A is not sustained.
Allegation # 1: False statements against Officer C
The board has no cause to suspect or believe that Officer C made false statements to
any party involved with this situation. Officer C played a secondary role in regard to the
investigation and calling of the Iowa Department of Human Services. The Board finds
the Chiefs conclusion is supported by substantial evidence and is not unreasonable,
arbitrary, or capricious. Allegation #1 against Officer C is not sustained.
Allegation #2: Illegal Search against Officer A
The board has no cause to suspect or believe that Officer A committed an
unconstitutional search of the suspect or the premises. Exigent circumstances existed
allowing a warrantless entry by the officer. The Board finds the Chiefs conclusion is
supported by substantial evidence and is not unreasonable, arbitrary, or capricious.
Allegation #2 against Officer A is not sustained.
PCRB #03 -11
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Allegation #2: Illegal Search against Officer C
The board has no cause to suspect or believe that Officer C committed an
unconstitutional search of the premises. A consent search was requested and
consented to. When the complainant withdrew her consent to search, the officer
respected her constitutional request and terminated the search. Officer C then
conducted a second search after the arrest of the complainant. The complainant had
been sitting on the bed prior to being arrested and being removed from the room. The
search was constitutional since the area in which the search was performed was within
the complainant's immediate control. The Board finds the Chiefs conclusion is supported
by substantial evidence and is not unreasonable, arbitrary, or capricious. Allegation #2
against Officer C is not sustained.
Allegation #3: Failed to provide medical care against Officer A
The board finds no cause to suspect or believe that Officer A failed to provide medical
care. On the contrary, Officer A was obviously conscious as to the medical condition of
the complainant and brought her attention to the less obvious injury to the
complainant's right temple. A scrape that the complainant, by her own testimony and
that of Officer A, did not even know existed. The wound was attended to at the
residence and clearly was not a serious injury with blood pouring out of it as the
complainant told the officer who investigated her complaint. The Board finds the Chiefs
conclusion is supported by substantial evidence and is not unreasonable, arbitrary, or
capricious. Allegation #3 against Officer A is not sustained.
Allegation #3• Failed to provide proper medical care against Officer C
The board finds no cause to suspect or believe that Officer C failed to provide medical
care. Officer C was at the scene investigating another incident at a different location.
Due to the obvious injury to her lip related by the complainant and the direct attention
Officer A was giving the complainant, Officer C had no responsibility to attend to the
observed wounds. The Board finds the Chiefs conclusion is supported by substantial
evidence and is not unreasonable, arbitrary, or capricious. Allegation #3 against Officer
C is not sustained.
Comment
None.
PCRB #03 -11
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OPS -17.1
RACIAL
PROFILING
Date of Issue General Order Number
January 10, 2001 01 -01
Effective Date Section Code
February 1, 2001 OPS -17
Reevaluation Date Amends / Cancels
December 2004 12103 New
C.A.L.E.A. Reference
1 2.4,1.2.9,41.3.8,61.1.2.9
N
INDDEEX, AS: o
Racial Profiling Search and Seizure y m
Complaints Traffic Stops ` _ -TI
Supervisor Responsibilities Arrests 1
-v lTl
Warrants Discipline rn �
I. PURPOSE D o
The purpose of this order is to unequivocally state that racial and ethnic promg by
members of this department in the discharge of their duties is totally unacceptable, to
provide guidelines for officers to prevent such occurrences, and to protect officers from
unfounded accusations when they act within the parameters of the law and
departmental policy.
II. POLICY
It is the policy of the Iowa City Police Department to patrol in a proactive manner, to
investigate suspicious persons and circumstances, and to actively enforce the laws,
while insisting that citizens will only be detained when there exists reasonable
suspicion (i.e. articulable objective facts) to believe they have committed, are
committing, are about to commit an infraction of the law, or there is a valid articulable
reason for contact. Additionally, the seizure and request for forfeiture of property shall
be based solely on the facts of the case and without regard to race, ethnicity or sex.
OPS -17.2
III. DEFINITIONS
Racial profiling - The detention, interdiction, exercise of discretion or use of authority
against any person on the basis of their racial or ethnic status or characteristics.
Reasonable suspicion - Suspicion that is more than a "mere hunch" or curiosity, but is
based on a set of articulable facts and circumstances that would warrant a person of
reasonable caution to believe that an infraction of the law has been committed, is about
to be committed or is in the process of being committed, by the person or persons
under suspicion. ( "Specific and articulable cause to reasonably believe criminal activity
is afoot. ")
IV. PROCEDURES p
The department's enforcement efforts will be directed toward assigning office §To thee
areas where there is the highest likelihood that vehicle crashes will bg?r�duced, �_
complaints effectively investigated or addressed, and /or crimes prevente�;- through
proactive patrol. n ;
7 0
A. In the absence of a specific, credible report containing a physical d riptioS a
person's race, ethnicity, or gender, or any combination of these shall not be a fac(or
in determining probable cause for an arrest or reasonable suspicion for a stop.
B. Traffic enforcement shall be accompanied by consistent, ongoing supervisory
oversight to ensure that officers do not go beyond the parameters of reasonableness in
conducting such activities.
1. Officers shall cause accurate statistical information to be recorded in accordance
with departmental guidelines.
2. The deliberate recording of any inaccurate information regarding a person
stopped for investigative or enforcement purposes is prohibited and a cause for
disciplinary action, up to and including dismissal. '
C. Motorists and pedestrians shall only be subjected to investigatory stops or brief
detentions upon reasonable suspicion that they have committed, are committing, or
are about to commit an infraction of the law. Each time a motorist is stopped or
detained, the officer shall radio to the dispatcher the location of the stop, the
description of the person detained, and the reason for the stop, and this information
shall be recorded. The exception to this procedure is when officers are taking part in
safety checkpoints and are working with other officers.
D. If the police vehicle is equipped with a video camera, the video and sound should be
activated prior to the stop to record the circumstances surrounding the stop, and
shall remain activated until the person is released.
E. No motorist, once cited or warned, shall be detained beyond the point where there
exists no reasonable suspicion of further criminal activity.
OPS -17.3
F. No person or vehicle shall be searched in the absence of a warrant, a legally
recognized exception to the warrant requirement as identified in General Order
00 -01, Search and Seizure, or the person's voluntary consent.
1. In each case where a search is conducted, information shall be recorded,
including the legal basis for the search, and the results thereof.
2. A cursory "sniff" of the exterior of a vehicle stopped for a traffic violation by a
police canine may be recorded on the department's canine action report form.
TRAINING
Officers shall receive initial and ongoing training in proactive enforcement
tactics, including training in officer safety, courtesy, cultural diversity, the laws
governing search and seizure, and interpersonal communications skills.
1. Training programs will emphasize the need to respect the ri�gf `fl
citizens to be free from unreasonable government intrusion of olic$.
action.. T�
COMPLAINTS OF RACIAUETHNIC PROFILING n L'
�
Any person may file a complaint with the department if they feel they haveo Do
been stopped or searched based on racial, ethnic, or gender -based profiling.
No person shall be discouraged or intimidated from filing such a complaint, or
discriminated against because they have filed such a complaint.
1. Any member of the department contacted by a person, who wishes to file
such a complaint shall refer the complainant to a Watch Supervisor who
shall provide them with a departmental or PCRB complaint form. The
supervisor shall provide information on how to complete the departmental
complaint form and shall record the complainants name, address and
telephone number.
2. Any supervisor receiving a departmental complaint form regarding
racial /ethnic profiling, shall forward it to the Commanding Officer Field
Operations and all such complaints shall be reviewed and the complaint
acknowledged in writing. The complainant shall be informed of the results
of the department's review within a reasonable period of time. The report
and the reviewer's conclusion shall be filed with the Chief of Polic e, and
shall contain findings and any recommendations for disciplinary action d
changes in policy, training, or tactics.
3. Supervisors should periodically review a sample of in -car videotapes of
stops of officers under their command. Additionally, supervisors shall
review reports relating to stops by officers under their command, and
respond at random to assist or observe officers on vehicle stops.
4. Supervisors shall take appropriate action whenever it appears that this
policy is being violated.
OPS -17.4
REVIEW
1. On an annual basis or as requested by the Chief of Police, the
Commanding Officer Administrative Services, or designee, shall provide
reports to the Chief of Police with a summary of the sex, race, and /or
ethnicity of persons stopped.
2. If it reasonably appears that the number of self- initiated traffic contacts by
officers has unduly resulted in disproportionate contacts with members of
a racial or ethnic minority, a determination shall be made as to whether
such disproportionality appears department wide, or is related to a specific
unit, section, or individual. The commander of the affected unit, section,
or officer shall provide written notice to the Chief of Police of any reasons
or grounds for the disproportionate rate of contacts.
3. Upon review of the written notice, the Chief of Police may direct additional
training towards the affected units /sections or to individual officers.
4. On an annual basis, the department may make public a statistical
summary of the race, ethnicity, and sex of persons stopped for traffic
violations.
5. On an annual basis, the department may make public a statistical
summary of all profiling complaints for the year, including the findings as
to whether they were sustained, not sustained, or exonerated.
6. If evidence supports a finding of a continued ongoing pattern of racial or
ethnic profiling, the Chief of Police may institute disciplinary action up to
and including termination of employment of any involved individual
officer(s) and /or their supervisors.
_�t4
R. J. Winkelhake, Chief of Police
Wr4RNINt
This directive is for departmental use only and does not apply in any criminal or civil,
proceeding. The department policy should not be construed as a creation of a higher
I0901 standard of safety or care in an evidentiary sense with respect to tYiird-perty
010618. Violations Of this directive will only form the basis for departrnenta'
ad lY� ' [ tjiFe senoNn"s,
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PER -05.1
PERSONNEL EARLY
WARNING SYSTEM
of Issue General Order
Date Amends /
NEW
Reference
35.1.15, Personnel
INDEX AS:
Disciplinary System Employee Assistance Program
Personnel Early Warning System Supervisor Responsibilities y �?
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I. PURPOSE
The purpose of this order is to outline identify the procedures to be used to 0 niify ';%'
potential personnel problems in their initial stages in order to redirect an emoyee'c
actions / behavior in a fashion consistent with departmental values and standards.
H. POLICY
It Is the policy of the Iowa City Police Departmer
Warning System to provide systematic reviews of sp
agency employees. This system is necessary for
1est3bnsibitity to evaluate, identify, and assist et
)erformance and /or stress related problems. The P€
that
to maintain a Personnel Earl
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PER -05.2
III. DEFINITIONS
Personnel Early Warning System (PEWS) - A time sensitive system designed to
effectively organize critical performance and evaluation data in a format conducive to
promptly identify early indicators of certain performance and /or stress related problems
and to facilitate any necessary or appropriate follow -up activities.
IV. PROCEDURES
Reporting Requirements
A. Supervisors are responsible for reporting on all aspects of their subordinate's
conduct and behavior. These reports shall include conduct that is both
commendatory and problematic. All conduct and behavior reports shall be
submitted to the Watch Commander or Unit Supervisor of the employee
whose actions are being reported.
a. Supervisors may initiate a PEWS review based on a single "significant"
event or based on an on -going pattern(s) of identified behavior(s).
B. Reports or forms containing information on selected types of pertinent
incidents shall be entered into the Personnel Early Warning System (PEWS).
These reports may be in the form of performance evaluations, internal
investigations, memoranda, case reports, Reports of Inquiry, exceptional
activity reports, or other departmental reports or forms.
C. As part of the Department's ongoing evaluation of its employees, supervisors
shall continually monitor the actions and behaviors of all employees under
their direction.
D. The Chief of Police's designee shall maintain and control all records of
completed PEWS reviews.
Personnel Early Warning Review
A. When the level of significance or frequency of
determined to be beyond that
identified incidents is
which is typically observed, the Watch
Commander shall initiate a PEWS review. Additionally, the Watch
Commander may initiate a PEWS review based on a
single significant event
as determined by the Watch Commander, or at the
Commander or Chief of Police.
direction Qf.a DiVWon
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B. Materials to be evaluated on an ongoing basis to determine whet*' -to ini ate
a PEWS review, include but are not limited to:
- r —
1. Internal Affair Investigations;
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2. Department performance evaluations;
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3. Monthly activity report;
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4. Citizen complaints;
°
5. Disciplinary action;
PER -05.3
6. Use of Force incidents;
7. Motor vehicle pursuits;
8. Supervisory and employee reports;
9. Sick usage /officer injury (temp disability)
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10. Tardiness;
O r
11. Absenteeism
12. Interference/ Obstruction charges;
-
13. Assault on officer;
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14. Officer injury report;
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15. Vehicle accidents;
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16. Civil litigation
C. If the Watch Commander or Section Supervisor reasonably believes, after a
review of the collected materials, that further review is necessary, the
supervisor shall inform the employee's division commander of the findings.
The division commander shall examine the findings and if in agreement, the
division commander shall assign a supervisor to further review the incidents.
D. Once assigned by the division commander, the reviewing supervisor shall
schedule a counseling meeting with the employee. The supervisor shall
prepare a written summary of the meeting, indicating if further inquiry is
warranted and any corrective actions deemed necessary, consistent with
General Order 89 -02 Disciplinary Philosophy.
a. This may be in form of positive discipline such as training or counseling
and/or punitive in nature ranging from a verbal reprimand up to and
including termination.
The summary shall be forwarded to the Chief of Police through the chain of
command. The subject employee shall also be provided a copy of the
summary of the review.
E. Supervisors conducting a review shall have access to department reports,
reviews, summaries, and analysis that may aid them in completion of the
PEWS review.
F. If deemed necessary by the Chief of Police or division commander, a meeting
shall be scheduled with the Chief of Police and the employee's division
commander to discuss the findings of the review and the recommended
course of corrective action.
a. This action may be voluntary, for example the employee seeking
assistance through the Employee Assistance Program, or department
mandated in accordance with the provisions set forth in General Order 89-
02 "Disciplinary Philosophy ".
G. All reviews shall be maintained in the strictest confidence and shall not be
discussed with other employees unless it is necessary for completion of the
review. All employees made aware of a review shall be informed that
unauthorized disclosure of any aspect of the review may result in disciplinary
action.
PER -05.4
H. Founded PEWS reviews shall be documented on the employee's next
evaluation.
I. All PEWS reviews resulting in disciplinary actions above a written warning
(i.e. written reprimand, suspension, etc.) shall be sent to Personnel and
maintained in the employee's personnel file.
Evaluation of the Personnel Early Warning System
A. Annually, the Chief of Police or designee shall evaluate the PEWS. This
evaluation shall include:
1. Quality of information entered into the system;
2. Proper utilization of the system;
3. Adherence to department policy;
4. Recommendations of changes to the system, its usage, or department -'
policy.
B. The evaluation shall be inclusive of December through November and be
completed by February 151 of each calendar year.
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R. J. Wi kelhake, Chief of Police
WARNING
This directive is for departir a tal use Only and does not apply in any, criminal or civil'
proceeding-. TbO department pOlidy should not be Oortstrue'o s a eafion of t- giaart
legal standard of sifbty or Dare in an evidOntiary sense with respect to thard partly
claims. Violations of this directive will only form the basis for departmental'
administrative sanctions.
IOWA CITY POLICE DEPARTMENT
USE OF FORCE REPORT
January 2004
OFFICER
DATE INC # INCIDENT
FORCE USED
4
01 -01 -04 4 -12 Hold Up Alarm
Officers responded to a hold up alarm.
The suspect was told to take his hands
out of his pockets. While being patted
down the suspect attempted to place his
hand in his pocket and was then
directed to the floor by the officer.
4
01 -01 -04 4 -53 Large Fight
When the officer arrived on the scene
of a large fight the subject fled. The
subject ran around one side of a
building while the officer ran around
the other side. Both the officer and the
suspect came out from around the
r--
building at the same time and the
Q
subject ran at the officer. The subject
6;) i
disregarded the officer commands to
— ' °_
stop and the officer had to side step him
as he (officer) deployed a chemical
agent. The subject then stopped and
—
was handcuffed.
01 -01 -04 4 -61 Criminal
The subject, who was under the
' 01
Mischief /Trespass
influence of an unk. drug, had been
placed under arrest and told to get into
the back seat of the patrol car. When
the subject disregarded the officer's
request the officers directed the subject
into the back seat of the patrol car.
37, 88
01 -01 -04 4 -82 Burglary
Officers responded to a burglary in
progress and located the suspect hiding
behind a tree near the residence. The
officers drew their side arms and the
subject was ordered to the ground
where he was handcuffed without
incident.
4 Officers
01 -02 -04 4 -167 Building search
Officers responded to a burglary.
During the building search officers had
drawn their sidearms. No suspect was
located.
26,43 01 -03 -04 4 -395 Mental Committal The subject refused to comply with
verbal commands to walk to the patrol
car and when the officer reached for the
subject's hand she pulled away. When
the officer attempted to place handcuffs
OFFICER DATE INC #
INCIDENT FORCE USED
on the subject she actively resisted and
was directed to the floor where she was
handcuffed. She was then walked to
the patrol car and taken to the hospital
(no injuries).
38 01 -09 -04 4 -1276
Injured Deer The officer used his side arm to
dispatch a deer that had been struck by
a vehicle.
36 01 -09 -04 4 -1424
Injured Deer The officer used his side arm to
dispatch a deer that had been struck by
a vehicle.
11, 55, 60, 38, 01 -10 -04 4 -1469
Vehicle Pursuit Officers were investigating a fight
14, 38, 14
when two subjects fled in a vehicle.
Officers pursued the vehicle about one
mile when it got hung up on a curb.
Two
patrol cars sustained minor
-' !
damage when struck by the run vehicle.
- _
Officers approached the vehicle with
sidearms drawn and ordered the driver
LL
from the car. When the driver refused
to exit the car or to unlock the car door
0
the officers broke the driver's side
ry
window and removed the driver.
Officers used active countermeasures to
get the suspect's hands behind his back
to handcuff him. The passenger was
pulled through his open window after
refusing to unlock his car door and
telling the officers he would not be
getting out of the car.
4,6 01 -11 -04 4 -1634
Indecent Conduct The subject ran off when he saw the
officer approaching to speak with him
about a public urination incident. At
the conclusion of the foot chase the
subject disregarded officer commands
and was directed to a nearby vehicle
where the officer used a hands control
technique to place the subject's hands
behind his back to be handcuffed. The
officer then walked him back to the
patrol car and had to physically direct
him into the backseat when the subject
refused to comply with officer
commands to enter the car.
5 01 -11 -04 4 -1711
Injured Deer The officer used his side arm to
dispatch a deer that had struck by a
vehicle.
OFFICER DATE INC #
INCIDENT FORCE USED
14,90 01 -13 -04 4 -1909
OWI Officers responded to the OWI room to
assist another officer with a subject
who was yelling. Officers used a wrist
control technique to place the subject's
hands behind her back and handcuff
her.
20 01 -14 -04 4 -2118
Search Warrant When officers advised the subject that
they had a search warrant for his
residence the subject attempted to shut
r
the door on the officers. The officer
Q
was able to push the door open while
�1. Cl
the subject was pushing on the other
:iZ —
side in an attempt to shut it. Upon
- --
gaining entry to the residence officers
— —
l
advised the subject that he was under
m
arrest and to place his hands behind his
k —
back. When the subject disobeyed
police commands the officer used a
'
wrist/arm control technique to place the
subject's hands behind his back. After
the subject was handcuffed he
continued to physically and verbally
resist and was directed to the floor by
the officer.
25 01 -15 -04 4 -2287
Injured Deer The officer used his side arm to
dispatched a deer that had been struck
by a vehicle.
11,36 01 -17 -04 4 -2578
Fight The subject ran from officers while
being investigated for being in a fight.
While being chased the subject tripped
and fell in the street. When he
attempted to get back up to run the
officer directed him back to the ground
and handcuffed him.
2 officers 01 -19 -04 4 -2933
Building search Officers drew their side arms while
searching a building that had been
burglarized.
37 01 -19 -04 4 -2992
Sick Raccoon The officer responded to a complaint
that a raccoon had eaten rat poison.
The officer used his side arm to
dispatch the raccoon.
56,57 01 -20 -04 4 -3256
Trespass When officers learned that the subject
had provided them with a false name he
fled from them. He broke through the
door of a locked apt and attempted to
close the door to prevent the officers
from entering. After forcing the door
OFFICER DATE INC #
11 01 -27 -04 4 -4441
60 01 -27 -04 4 -4557
60 01 -28 -04 4 -4713
INCIDENT
FORCE USED
open the officers directed him to the
c�
floor and had to use active counter
J
measures and hands control techniques
to get his hands behind his back to
handcuff him.
Public Intoxication
While being treated at the hospital the
—Pi
subject became combative with staff.
He disregarded officer commands to
stop fighting and refused to be
handcuffed. The officer directed the
subject to the floor where he was hand
cuffed.
Injured Deer
The officer used his side arm to
dispatch a deer that had been struck by
a vehicle.
Injured Deer
The officer used his side arm to
dispatch a deer that had been struck by
a vehicle.
CC: City Manager, Chief, Captains, Lieutenants, Training Sergeant, City Clerk, Library
c�
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POLICE CITIZENS REVIEW BOARD
OFFICE CONTACTS
February 2004
Date Description
None.
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240 -1826
(319)356 -5041
February 11, 2004
Mayor Ernest W. Lehman
410 E. Washington Street
Iowa City, IA 52240
Dear Mayor and Council Members:
At the February 10, 2004 meeting, the PCRB voted in open session to request a 60 -day
extension in addition to its regular 45 -day reporting deadline for the Public Report according to
the City Code for PCRB Complaint #03 -13 for the following reasons:
• Further investigation by the Board
• The Board wishes to interview the complainant.
• Public Report presently due March 1, 2004
60 -day Extension request — Report would be due on April 30, 2004
The Board appreciates your prompt consideration of this matter.
Sincerely, / /
Loren Horton, Chair
Police Citizens Review Board
cc: City Attorney