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HomeMy WebLinkAbout03-08-2005 Police Citizens Review BoardAGENDA POLICE CITIZENS REVIEW BOARD March 8, 2005 — 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 02/08/05 • ICPD General Order #01-01 (Racial Profiling) • ICPD General Order #01-05 (Officer Involved Shootings/Lethal Incident Investigations) • ICPD Department Memo #05-03 • ICPD Use of Force Report — January 2005 ITEM NO. 3 OLD BUSINESS • Policy/Procedure for extension requests ITEM NO.4 NEW 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 12, 2005, 7:00 P.M., Lobby Conference Room • May 10, 2005, 7:00 P.M., Lobby Conference Room • June 14, 2005, 7:00 P.M., Lobby Conference Room • July 12, 2005, 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 4, 2005 TO: PCRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on March 8, 2005 Enclosed please find the following documents for your review and comment at the next board meeting: • Minutes of the meeting on 02/08/05 • ICPD General Order#01-01 (Racial Profiling) • ICPD General Order#01-05 (Officer Involved Shootings/Lethal Incident Investigations) • ICPD Department Memo #05-03 • ICPD Use of Force Report — January 2005 • PCRB Complaint Deadlines • PCRB Office Contacts — February 2005 • Extension request to Council for PCRB Complaint #04-02 • Extension request to Council for PCRB Complaint #04-03 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 8, 2005 CALL TO ORDER: Chair Loren Horton called the meeting to order at 7:05 p.m. MEMBERS PRESENT: Candy Barnhill, Beth Engel, Loren Horton, Greg Roth and Roger Williams MEMBERS ABSENT: None STAFF PRESENT: Legal Counsel Catherine Pugh (7:07) and Staff Kellie Tuttle OTHERS PRESENT: Captain Tom Widmer from the ICPD. CONSENT CALENDAR Motion by Engel, seconded by Roth, to adopt the consent calendar. • Minutes of the meeting on 12/09/04 • ICPD Use of Force Report — November 2004 • ICPD Use of Force Report — December 2004 • ICPD Quarterly/Summary Report — IAIR/PCRB, 2004 • ICPD Department Memo 04-57 • ICPD General Order #91-04 (Report Form Development and Control) • ICPD General Order #95-01 (Emergency Operation of Police Vehicles) • ICPD General Order#01-06 (Juvenile Procedures) • ICPD General Order#01-08 (Criminal Intelligence) Horton wanted to point out to board members who may not have been around when it occurred, under Juvenile Procedures D(6), which is the age of consent from a juvenile, age of consent is currently fourteen. The Board had given a recommendation which was considered that the age be changed from tweleve. Motion carried, 5/0, to accept the consent calendar as amended removing ICPD General Order #01-01 (Racial Profiling) to be placed on the next agenda, the item was inadvertently left out of the packet. OLD BUSINESS Report of meeting with Chief Winkelhake — Horton met with the Police Chief regarding the Board's concerns of extension requests and the timeliness, the good cause shown, and whether the complainant is notified of the extension requests. NEW BUSINESS Policy/Procedure for extension requests — Barnhill had requested at the December meeting that the Board discuss the procedure for granting extension requests. Barnhill stated she would like to develop a mechanism to prevent what had happened with a recent complaint, and suggested the Chief's report be due before or in sequence with a meeting so that if the Chief needed an extension he would be able to do so in a timely manner. The Board could discuss the request at their meeting and then get back to him. Horton explained that according to the City Code the Chief's report is due 90 days after the file date of the complaint and then the Board's report is due to the City Council 45 days after the filing of the Chief's report. Therefore the due dates of the reports can not be changed but the Board could adjust their meeting schedule or call a special meeting. Barnhill inquired whether the Board could deal with extension requests electronically or by phone. Pugh asked to be given a few minutes to research the meeting requirements. Horton explained that changing the ordinance to adjust the number of days would not address the issue because the process is put into motion by the date the complaint is filed. Barnhill wondered if the ordinance could be changed for this particular scenario to allow for an electronic vote. Engle stated she felt there was an implicit trust that is embedded and if the Chief asks for an extension, there must be a reason for it. Roth inquired if the Board could ask that an extension request be submitted so that it can be dealt with at a regular meeting or request the extension a certain number of days before the report deadline. Pugh responded that the SOP's don't allow the Board to meet PCRB — Page 2 DRAFT February 8, 2005 electronically or by phone; there has to be a quorum present to be considered a meeting; a special meeting can be called by the Chair or three members can request the Chair to call a meeting; there must also be 24-hour notice of the meeting place, time, and agenda to each member and the media. Tuttle stated media notification is the posting of the agenda on the Lobby bulletin board. Horton asked if the policy should be calling a special meeting if a regu;ar meeting did not meet the timeline. Barnhill disagreed and thought it needed to be much more definite so that if the Board did not grant the extension, the Police Department would be given ample time to finish writing the Chief's report. Roth stated that he did not believe that they would receive a report either way if it were not ready. Barnhill stated that there were issues with the last request that some board members felt there was not "good cause shown". Horton replied that in his discussion with the Chief there would be good cause shown from now on in his requests. Barnhill would like to table the discussion so that Horton can give his report regarding the meeting with the Chief in closed session since it dealt primarily with the complaint and then discuss it further at the March meeting if necessary. PUBLIC DISCUSSION None. BOARD INFORMATION Horton asked if the Police Citizens Academy had enough participants to proceed. Widmer responded that it did and that they had almost 25. Barnhill asked Widmer if arrest photos are black and white or color, if they were digital and could the camera be adjusted for light skin tone and dark skin tone. Widmer replied that Johnson County does the processing for ICPD. He thought the County did digital, but was unsure if they did any adjustments. Barnhill's concern was that if someone sustained an injury, would that injury show in the photo. Dark skin tones and light skin tones photograph very differently than one another and how would one identify a superficial injury (bruise, scrapes, etc.) Widmer replied that they the Iowa City Police Department has a policy when they note an injury that was caused by an officer or if the officer feels could become an issue, they bring them to the police department and take their own photos using ulterior light sources and expertise within the department. There are certain people who have been trained in photography. They also have 35mm, Polaroid, and digital capabilities. Widmer is assuming that at the County the camera is pretty much set and they snap the picture with the proper format. Barnhill also asked Widmer how many investigators are in the Police Department that can also investigate complaints filed with the Police Citizens Review Board. Widmer explained the current policy is that the Captain of Operations is in charge of investigations. The Chief will direct his letter to the Captain of Operations to conduct an investigation. That Captain has the option to assign it to himself, to the other Captain (Widmer), or to one of the four lieutenants. They then try to match them up with a Sergeant who can assist them so there are two people together on a complaint. The complaint is never assigned to a supervisor of an officer about whom the complaint has been filed. They always try to use a supervisor from another shift or from investigations. Barnhill asked Widmer if Incident Reports are filled out by all officers who are directly or in- directly involved. Widmer stated that every time a case number is filed there has to be a report filed. A coversheet with the basic information is filled out, but sometimes there will be supplemental reports filed from other officers. It is at the officer's discretion. If it was a minor incident, only one officer will sign off on the report and state the other officers that were present. Barnhill asked who decides what information is given to the Board with the Chief's report. Widmer explained that a complete report is given to the Chief and the Chief takes that report and reviews it and submits it along with all documentation or evidence to the legal PCRB — Page 3 DRAFT February 8, 2005 department where they request 30 days to review everything. What the Board receives however, the investigators have no control over. What the Chief submits to the Board is based on what is advised by the City Attorney's office. Barnhill confirmed with Pugh that if additional information was needed it would be after the level of review was set by the Board and the Board could request it. Barnhill asked Widmer if the Iowa Code and a departmental code says in the course of an arrest what an officer must do. Can a Police Chief counsel his staff and say you will try to do this when possible? Widmer stated that if the Code says you will do something, the department can make it more excessive/restrictive, but they can not make it less than what the Code states. Horton pointed out in the Use of Force Report for December there were sixteen incidents other than dispatching raccoons, etc. the same officer was in nine of the sixteen. Widmer explained that they do review the incident reports and track the officers, locality, workload and any patterns that may be occurring. Barnhill asked where the Chief's final report goes, if it is made public. Horton stated that it is never public, only the Board's final report is public after it goes to the City Council. STAFF INFORMATION Tuttle noted that the Finance department had supplied Citizens' Summarys of the 2006-2008 Proposed Financial Plan to all boards and commissions and that members were welcome to one. EXECUTIVE SESSION Motion by Williams, seconded by Barnhill, 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, 5/0. Open session adjourned at 7:35 p.m. REGULAR SESSION Returned to open session at 8:32 p.m. Motion by Roth, seconded by Williams, to request a 45-day extension for PCRB Complaint #04-02. Motion carried, 5/0. Motion by Roth, seconded by Williams, to request a 30-day extension for PCRB Complaint #04-03. Motion carried, 5/0. MEETING SCHEDULE • March 8, 2005, 7:00 p.m., Lobby Conference Room • April 12, 2005, 7:00 p.m., Lobby Conference Room • May 10, 2005, 7:00 p.m., Lobby Conference Room • June 14, 2005, 7:00 p.m., Lobby Conference Room ADJOURNMENT Motion by Barnhill, seconded by Roth, to adjourn. Motion carried, 5/0. Meeting adjourned at 8:35 p.m. OPS-17.1 RACIAL PROFILING Date of Issue General Order Number January 10, 2001 01-01 Effective Date Section Code February1, 2001 OPS-17 Reevaluation Date =New s / Cancels December 2005 12 C.A.L.E.A. 1.2.4.1.2.9,41.3.8161.1.2.9 INDEX AS: Racial Profiling Complaints Supervisor Responsibilities Warrants Reference Search and Seizure Traffic Stops Arrests Discipline - __n co > N I. PURPOSE The purpose of this order is to unequivocally state that racial and ethnic profiling by members of this department in the discharge of their duties is 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 cu.njasity, bqi; is based on a set of articulable facts and circumstances that would warrant �pa-persott;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 _o'r -persons under suspicion. ("Specific and articulable cause to reasonably believe criminal activity i is afoot.") IV. PROCEDURES {� The department's enforcement efforts will be directed toward assigning officers to those areas where there is the highest likelihood that vehicle crashes will be reduced, complaints effectively investigated or addressed, and/or crimes prevented through proactive patrol. A. In the absence of a specific, credible report containing a physical description, a person's race, ethnicity, or gender, or any combination of these shall not be a factor 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 termination of employment. 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 should 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 riglrgf a)f' citizens to be free from unreasonable government intrusion or' police.= action. — ^= COMPLAINTS OF RACIAUETHNIC PROFILING: Any person may file a complaint with the department if they feel thi have been stopped or searched based on racial, ethnic, or gender -based profilingv 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 when requested. 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 Police, and shall contain findings and any recommendations for disciplinary action or 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. O PS-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 disproportional ity 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. P R. inkelhake, Chief of Police WARNING 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 legal standard of safety or care in an evidentiary sense with respect to third -party claims. Violations of this directive will only form the basis for deWmentaa administrative sanctions; INV-02.1 OFFICER INVOLVED SHOOTINGS / LETHAL INCIDENT INVESTIGATIONS Date of Issue General Order Number AUGUST 1, 2001 101-05 Effective Date Section Code AUGUST 6, 2001 INV-02 Reevaluation Date Amends / Cancels February 07 02/05 Re -Issue C.A.L.E.A. Reference 1.3.5,1.3.691.3.89 1 -- �J INDEX AS: Use of Force Deadly Force Shootings Internal Affairs L I. PURPOSE It is the purposed of this policy to provide guidelines for the investigation of officer - involved shootings or incidents resulting in the death or serious injury of person possibly resulting from police actions. 11. POLICY It is the policy of the Iowa City Police Department that officer -involved shooting incidents and incidents resulting in serious injury or death be investigated with the utmost thoroughness, professionalism and impartiality to determine if officer actions conform with the law and departmental guidelines and directives. Further, the Iowa City Police Department will provide necessary assistance to officers involved in these type incidents. INV-02.2 IV. PROCEDURES A. OFFICER ON SCENE RESPONSIBILITIES Officers involved at the scene of a shooting or other incident resulting in the death or serious injury of a person resulting from the actions or involvement of a member of the Iowa City Police Department, shall take those measures that are reasonably possible and appropriate to protect their safety, the safety of others, and to preserve evidence essential to the investigation of the incident. This includes but is not limited to --..the following actions as appropriate: 1. Ensure that the threats to officer safety and the safety to athers_are addressed. — 2. Secure and separate suspects. 3. Relay information on fleeing suspects to communications and otfier , field units and work with them to establish a containmerit4rea. r 4. Request a supervisor and additional backup, emergenyy medical service and any other assistance immediately required. -- 5. If injured, administer emergency first aid to oneself if possible, then administer basic medical aid to suspects and others as necessary, pending arrival of emergency medical assistance. 6. Secure any suspect weapons as evidence. DO NOT open, reload, remove shell casings or in any other manner alter the weapons involved other than taking those steps required to make the weapon and scene safe. (After the scene is secure) 7. As time and capabilities permit before supervisory and other assistance arrives: a. Secure the area, establish a perimeter with crime scene tape and limit access to authorized personnel necessary to investigate the incident and assist the injured. b. Note time, survey the entire area for relevant facts, individuals who are present and who depart the scene, witnesses, potential suspects and suspect vehicles. c. Protect evidence from loss, destruction or damage that is likely to occur before backup can arrive. Ensure that evidentiary items are not moved, note original location and position of persons, weapons, and other relevant objects and evidence. d. Record the names, addresses and phone number of all witnesses and other persons present at the scene and request that they remain on hand in order to make a brief statement whether or not they saw the incident. B. SUPERVISORY RESPONSIBILITIES AT THE SCENE 1. Ensure the safety and determine the condition of the officer(s), suspect(s) and third parties. 2. If the officer has been shot or otherwise injured in the incident: a. Ensure that an officer accompanies and remains with the officer at the hospital. b. Ensure that the officer's family is notified on a priority basis and in person by a Watch Commander or Supervisor when possible. Ensure that they are assigned transportation to the hospital or INV-02.3 other location where they are needed as soon as possible. Watch Supervisors should refer to the officer's Emergency Notification form prior to making the notification. c. Do not release the officer's name to the media or unauthorized parities prior to the family being notified. d. Assign an officer to the family for security, support, control of the press and visitors, establishment of communications and related matters. e. Ensure that the clothing of officers and other injured persons is collected for potential evidentiary purposes and that related equipment of the officers is safeguarded. 3. If the officer is not injured, move him/her away from the center of activity accompanied by another officer. 4. Secure the officer(s) weapons as evidence. This shall be done in as discreet manner as possible and away from the immediate scene. The weapon shall be replaced as soon as reasonably practical, preferably immediately upon removal of the involved weapon. DO NOT open, reload, remove shell casings or in any other manner alter the weapons involved other than taking those steps required to make the weapon and scene safe. (After the scene is secure) 5. Confirm that the preliminary steps in item IV -A have been adequately addressed and, if not, take appropriate action to ensure that necessary actions are taken. 6. Ensure that the immediate area is contained and detain any suspects therein. 7. To the extent necessary, ensure notifications are made, to other agency personnel, to include: a. Watch commander b. Commanding Officer Field Operations - c. Commanding Officer Administrative Services' r= d. Commander of Investigations e. Chief of Police f. Public Information Officer v g. City Legal Department h. County Attorney i. Medical Examiner j. Chaplain 8. Establish a command post if necessary. 9. Appoint a recorder to make a chronological record of activities at the scene, to include: persons present, actions taken by police personnel and the identity of any personnel who entered the incident/crime scene, to include emergency medical and fire personnel. 10. Diagram the scene and photograph it as soon as possible. 11. Establish a media staging area as time permits unless the Public Information Officer assumes this responsibility. 12. Begin the following: I N V-02.4 a. Locate and secure -or secure in place - the officer's weapon(s) and ammunition casings. Check the weapons of all officers present, for discharge and secure the weapon when evidence of discharge exists. p. Locate the suspect's weapon(s) ammunition and expended cartridges. c. Collect information about the suspect, including name, physical description, domicile and other pertinent information. d. Locate and secure as evidence any clothing that may have been removed from the suspect by emergency medical psrsonnel'or others. - e. Determine the original position of the officer(s)and thee-suspedf(s) at the time of the shooting or use of force. C. POST -SHOOTING TRAUMA - 1. Sworn and non -sworn personnel shall be familiar with' folfow the provisions established by the Iowa City Police Dep'airtment]-n post-shooting/use of deadly force emotional trauma in police personnel. a. The Officer in Charge shall ensure that those involved in the incident are allowed to contact family members as soon as practical after the incident. In the event the officer is injured and unable to contact family members, the Commanding Officer Field Operations or designee shall ensure that immediate family members are notified in person as soon as reasonably practical after the incident. b. The name of the officer(s) involved in the incident shall not be released until there has been a reasonable opportunity to notify immediate family members. c. The Commanding Officer Field Operations or designee shall make contact with all involved officers within 24 hours of the incident and explain Employee Assistance Programs that are available to the employee. d. Within 72 hours of the incident, the Commanding Officer Field Operations or designee shall contact a traumatic stress professional. He/she shall arrange for private appointments for the officer(s) determined to be directly involved in the incident and as requested, for their immediate family members. e. Upon request, agency personnel will be provided counseling services, for post incident stress. 2. All personnel should be familiar with available mental health services and avail themselves of these services following officer - involved shooting/use of deadly force incidents. 3. The Chief of Police may place an officer involved in an incident resulting in death or serious injury on administrative leave or remove him/her from field duty consistent with the departments Use of Force Order. Prior to returning to field duty, officer(s) involved in the incident may be required undergo a fitness for duty evaluation. INV-02.5 D. INVESTIGATOR'S RESPONSIBILITIES Investigation of officer -involved shootings/use of deadly force shall be the responsibility of the Commanding Officer Field Operations. In cases where the force is used by the Commanding Officer Field Operations, the investigation shall be assumed by the Chief of Police or designee. The Commanding Officer Field Operations may appoint an Officer in Charge (at the rank of sergeant or above) who shall be responsible for ensuring that the following tasks are adequately addressed in the order deemed necessary and appropriate. 1. Ensure that tasks itemized in sections IVA and IVB of this policy have been appropriately and adequately completed. Take measures to ensure that any deficiencies in completing tasks are immediately remedied. 2. Receive a general briefing and walk-through by the supervisory officer regarding the circumstances surrounding the shooting/use of deadly force. 3. Ensure that the overall scene and evidentiary items are photographed and videotaped. Videotape all persons present at the scene. Color photographs of the officer as he/she appears at the scene shall, be taken, to include any injuries sustained., _ 4. Ensure thorough inspection of the scene and proper cottdct_ton of7 all items and substances of evidentiary value. 5. Obtain taped statements from the suspects., 6. Ensure that notification is provided to next -of -kin of _injured.- or, ' deceased suspects, preferably by someone of the rank of=sergeant or above. 7. Locate and identify witnesses and conduct initial tajb2-recdpded interviews. 8. Tape record interviews with fire department personnel, emergency medical service providers and other first responders to the scene. 9. Conduct separate tape-recorded interviews with each officer involved. a. Conduct the interview in a private location away from sight and hearing of agency members and others who do not have a need and a right to the information. b. Advise the officer(s) not to discuss the incident with anyone except a personal attorney or attorney representing the city, union representative, family member, health care professional, outside agency investigator (Division of Criminal Investigation) assigned to investigate the incident, or departmental investigator until the conclusion of the preliminary investigation. c. Be cognizant of symptoms of post -traumatic stress, to include time and space distortions, confusion, hearing and visual distortion and emotional impairment, including shock. (Defer tape-recorded interviews if these symptoms are evident) 10.Take any weapon used by the officer(s) into custody and handle it as evidence. The officer shall be provided a replacement weapon when practical after collection of his/her weapon. Firearms shall be taken from officers in a discrete manner. 1 11.Where an officer has died, the Officer in Charge shall ensure that procedures established for line -of -duty deaths and death notifications are followed. 12.Contact the medical examiner and attend the autopsy of officer and/or suspect. Determine entrance and exit wounds, estimates of the shooter's position, the presence of controlled substances in the decedent's blood, or other related evidence. 13.Obtain search warrants as necessary for searches of vehicles, containers, homes and vehicles. 14. Develop a statement of preliminary basic facts for the media to be delivered by the agency spokesperson in conformance with the department's media policy. 15.Other investigative procedures as determined by the Officer in Charge or Commander of Field Operations. 16. Complete a report detailing the finding of the investigation ,I E. CHIEF OF POLICE The Chief of Police or designee may request the Iowa Department of - Criminal Investigation to conduct an independent investigation of all incidents resulting in the death of an officer or citizen, resultirg'from or in the performance of their duties. The Chief of Police shall cause an Internal Affairs investigation to be initiated in incidents resulting in death or serious injury of an officer or citizen, resulting from or in the performance of the officer's duties. The Chief of Police may require a Critical Incident Debriefing within 10- days of the incident or completion of the investigation. This analysis should include the Commanding Officer Administrative Services and, as applicable, representatives of outside agencies involved in the incident, the Watch Commander of the watch that the incident occurred, on -duty supervisors at the time of the incident, Incident Commander, and others as determined by the Commanding Officer Administrative Services. Other command or supervisory personnel may attend with the consent of the Commanding Officer Administrative Services. R. J. Winkelhake, Chief of Police WARNING' 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 legal standard of safety or care in an evidentiary sense with respect to third -party; claims.Violations of this directive will only form the basis for departmental administrative:sanctions. IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT January 2005 OFFICER DATE INC # INCIDENT FORCE USED 58,04 010105 05-28 OWI Subject assaulted Officer and was directed toward the ground where they refused to put hands behind their back. Officers used hand control techniques to put the subject's hands behind back for handcuffing. 18 010505 05-496 Fight Subject resisted arrest and attempted to assault another Officer. Officer used hand control techniques to put the subject's hands behind back for handcuffing. 06 010605 05-639 Trespass Subject assaulted Officers and was exposed to a chemical irritant. Officer used hand control techniques to put the subject's hands behind back for handcuffing. 15 010805 05-911 Fight Officer observed subject with what appeared to be a handgun. Officer drew sidearm and ordered subject against a wall. The weapon was found to be a BB gun made to be an exact replica of an actual handgun. 21 010905 05-1132 Assist other Agency Officer assisted JCSO with a felony with Traffic Stop traffic stop on 3 burglary suspects. Officer drew sidearm during stop while suspects were being taken into custody. 59 010905 05-1141 Theft/Harassment Subject resisted arrest. Officer used hand control techniques to put subject's hands behind his back to be handcuffed. 13,0�� 011005 05-1354 Traffic Stop/Recovered Officers drew sidearms while suspect Stolen Vehicle driving a stolen vehicle was taken into custody. r `1 19,42 011105 05-1497 Traffic Stop Subject was taken into custody for a driving offense and resisted arrest. Officers directed the subject to the ground and used hand control techniques to put the subject's hands behind their back to be handcuffed. 58 011205 05-1521 Fight Subject was placed under arrest. While being handcuffed subject refused to place hands behind his back. Officer used hand control techniques to put subject's hands behind back to be handcuffed. 12 011405 05-1839 Traffic Stop Subject refused to stop for a marked squad car with top lights and siren activated. Subject eventually did pull over and was taken into custody. 81 011405 05-1836 Fight Subject had been placed under arrest and handcuffed. Subject refused to put legs into squad car for transportation. Officer used control technique to assist subject into car. 84 011505 05-2022 Fight Subject resisted arrest. Officer used control techniques to escort subject away from an establishment and handcuffing. 19 011505 05-2157 Traffic Stop Suspect fled on foot from a traffic stop and entered a residence. Officer entered the same residence with sidearm drawn and ordered the subject to the ground. The subject complied and was handcuffed. 31 011505 05-2022 Fight Subject had been placed under arrest and handcuffed. Subject then refused to walk to a squad car. Officers carried subject to squad car. 15 011505 05-2116 Harassment Subject was taken into custody on an arrest warrant. Subject resisted arrest and was directed toward the ground. Officers used hand control techniques to handcuff the subject and were unsuccessful. Subject was then exposed to a chemical irritant. Subject ` = then complied and was taken into custody. 1: 17,18 28 05,95 IL] 36 19 34 1: 011705 05-2399 011905 05-2875 011905 05-2722 011905 05-2846 012105 05-3165 012205 05-3417 012305 05-3522 012605 05-3920 56 012705 05-4231 Assault Subject had been arrested and handcuffed for an assault. Subject refused to sit in the squad car to be transported. Officer used a control technique to assist subject into squad car. Injured Animal Officer used sidearm to dispatch an injured deer. Intoxicated Subject Subject fled from Officers on foot. Subject was caught and directed to the ground. Subject refused handcuffing efforts. Officers then used hand control techniques to place handcuffs on the subject. Injured Animal Officer used sidearm to dispatch a sick raccoon. Injured Animal Officer used sidearm to dispatch an injured deer. Traffic Stop Officer observed a handgun next to the driver of a vehicle that had been stopped. Officer drew sidearm while occupants of the vehicle were taken into custody. The weapon was found to be a BB gun. Injured Animal Officer used sidearm to dispatch an injured deer. Fight Subject was taken into custody and resisted arrest. Subject refused to walk to squad car and had to be carried by Officers. Subject then refused to get into squad car. Officers used control techniques to assist subject into squad car. Injured Animal Officer used sidearm to dispatch an injured deer. Injured Animal Officer used sidearm to dispatch an injured deer. 29,58 012805 05-4292 Bar Check Subject was taken into custody and resisted arrest. Officers used hand control techniques to put subject's hands behind back for handcuffing. 31,05 012905 05-4631 Intoxicated Subject Subject fled on foot from Officers. Officers caught subject and directed him to the ground for handcuffing. 46 012905 05-4548 Animal Complaint Officer used sidearm to dispatch a dog that had bitten another subject and then attempted to attack the Officer. 17 013005 05-4659 Fight Subject had been arrested and refused to sit in squad car to be transported. Officer used control techniques to assist subject into squad car. 21 013105 05-4822 Assault Subject had been placed under arrest for assault. Subject refused to remain in a seated position while at ICPD. Officer used control techniques to assist subject into a seated position. CC: City Manager, Chief, Captains, Lieutenants, Training Sergeant, City Clerk, Library N DEPARTMENT MEMO 05-03 TO: Chief RJ Winkelhake Captain Matt Johnson FROM: Captain Widmer REF: Nov/Dec Use of Force Review DATE: February 11, 2005 The bi-monthly "Use of Force Review Committee met on February 11, 2005. It was composed of Captain Widmer, Sgt. Lord, Sgt. Hart and Officer Fortmann. The review of submitted reports for November (15 incidents-17 reports) and December (18 incidents- 25 reports) revealed no policy or training concerns. Of the 33 incidents, 14 (42%) were for destruction of an animal. In addition, 2 reports from October were submitted late and reviewed with these reports. Several administrative issues were revealed. As a reminder/clarification, multiple Use of Force Reports by a single officer do not need to be filled out for the same incident. Multiple use of force incidents regarding the same incident can be linked together much like the incident report would read. One officer this cycle had six use of force reports for two incident. For example, if the suspect fights during the arrest, has to be held down after he is transported to the hospital for treatment, and then again attempts to fight when being taken out of the car at JCSO , that can all be documented on one use of force report ... the key is the incident number. If a second officer was involved in any or all of these uses of force, only one additional use of force report is necessary. In the destruction of animals, the animal is not a suspect. "Suspect injuries" are not a part of proper documentation. Lastly, document actions taken with some detail. If you describe the force as "hands-on technique", put a little more detail to describe the "hands-on technique" used. Reports with examples of the above issues are being returned to the appropriate supervisor. Contact me if you have any questions. Copy: City Manager, PCRB, Watch Commanders March 8, 2005 Mtg Packet PCRB COMPLAINT DEADLINES PCRB Complaint #04-02 Filed: 07/08/04 Chief's Report due: 10/06/04 Extension Request: 12/06/04 Add'I Ext Request: 01/07/05 Chief's Report filed: 01/07/05 PCRB Report due: 02/22/05 45-day Ext Request: 04/08/05 PCRB Complaint #04-03 Filed: 11 /08/04 Chief's Report due: 02/07/05 Chief's Report filed: 02/01/05 PCRB Report due: 03/18/05 30-day Ext Request: 04/18/05 POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS February 2005 Date Description 2/3/05 Individual called stating he had the PCRB Complaint form and was having difficulty getting officers name and badge number of alleged incident from the Police Department because they have a restraining order against him. Was going to fill out the complaint form to the best of his knowledge and file in our office sometime this week or next. 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 9, 2005 Mayor Ernest W. Lehman 410 E. Washington Street Iowa City, IA 52240 Dear Mayor and Council Members: At the February 8, 2005 meeting, the PCRB voted in open session to request a 45-day extension in addition to its regular 45-day reporting deadline for the Public Report according to the City Code for PCRB Complaint #04-02 for the following reasons: • Due to timelines and scheduling • Public Report presently due February 22, 2005 45-day Extension request — Report would be due on April 8, 2005 The Board appreciates your prompt consideration of this matter. Sincerely, II KT Loren Horton, Chair Police Citizens Review Board cc: City Attorney 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 9, 2005 Mayor Ernest W. Lehman 410 E. Washington Street Iowa City, IA 52240 Dear Mayor and Council Members: At the February 8, 2005 meeting, the PCRB voted in open session to request a 30-day extension in addition to its regular 45-day reporting deadline for the Public Report according to the City Code for PCRB Complaint #04-03 for the following reasons: • Due to timelines and scheduling • Public Report presently due March 18, 2005 30-day Extension request — Report would be due on April 18, 2005 The Board appreciates your prompt consideration of this matter. Sincerely, Loren Horton, Chair Police Citizens Review Board cc: City Attorney