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HomeMy WebLinkAbout8-12-2013 Police Citizens Review Board MEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City DATE: August 2, 2013 TO: PCRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on August 12, 2013 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 08/12/13 • Minutes of the meeting on 07/08/13 • ICPD Quarterly Summary Report (All quarters) IAIR/PCRB, 2012 • ICPD Quarterly Summary Report (1St&2"d quarters) IAIR/PCRB, 2013 • ICPD General Order 89-04 (Civil Rights) • ICPD General Order 90-03 (Personal Appearance and Uniform Regulations) • ICPD General Order 91-05 (Investigative Task Force) • ICPD General Order 95-01 (Emergency Operation of Police Vehicles) • ICPD General Order 99-02 (Alarm —Open Door Response) • ICPD General Order 99-03 (Prisoner Transport) • ICPD General Order 99-05 (Use of Force) • ICPD General Order 99-08 (Body-Cams and In-Car Recorders) • ICPD General Order 99-10 (Domestic Violence) • ICPD General Order 99-11 (Arrests) • ICPD General Order 99-12 (Field Interviews and "Pat-Down" Searches) • ICPD General Order 00-03 (Less Lethal Impact Munitions) • ICPD General Order 00-05 (Off-Duty Conduct: Powers of Arrest) • ICPD General Order 00-08 (Weapons) • ICPD General Order 01-01 (Racial Profiling) • ICPD General Order 07-02 (Detainee Processing) • ICPD General Order 08-01 (Conducted Energy Devices) • Office Contacts—July 2013 • DRAFT of FY13 Annual Report • DRAFT City Code Chapter 8, Section 8 • DRAFT Standard Operating Procedures • DRAFT By-Laws • DRAFT Exit Survey Tool • DRAFT Acknowledgement Letter 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.orq AGENDA POLICE CITIZENS REVIEW BOARD August 12, 2013—5:30 P.M. EMMA J. HARVAT HALL 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 07/08/13 • ICPD Quarterly Summary Report (All quarters) IAIR/PCRB, 2012 • ICPD Quarterly Summary Report (1St&2nd quarters) IAIR/PCRB, 2013 • ICPD General Order 89-04 (Civil Rights) • ICPD General Order 90-03 (Personal Appearance and Uniform Regulations) • ICPD General Order 91-05 (Investigative Task Force) • ICPD General Order 95-01 (Emergency Operation of Police Vehicles) • ICPD General Order 99-02 (Alarm — Open Door Response) • ICPD General Order 99-03 (Prisoner Transport) • ICPD General Order 99-05 (Use of Force) • ICPD General Order 99-08 (Body-Cams and In-Car Recorders) • ICPD General Order 99-10 (Domestic Violence) • ICPD General Order 99-11 (Arrests) • ICPD General Order 99-12 (Field Interviews and "Pat-Down" Searches) • ICPD General Order 00-03 (Less Lethal Impact Munitions) • ICPD General Order 00-05 (Off-Duty Conduct: Powers of Arrest) • ICPD General Order 00-08 (Weapons) • ICPD General Order 01-01 (Racial Profiling) • ICPD General Order 07-02 (Detainee Processing) • ICPD General Order 08-01 (Conducted Energy Devices) ITEM NO. 3 OLD BUSINESS • Council Resolution #13-217 regarding Ad-Hoc Diversity Committee Recommendations (PCRB pages 11-16, previously distributed in 6/24 packet) ITEM NO. 4 NEW BUSINESS • Draft of FY13 Annual Report ITEM NO. 5 BOARD INFORMATION ITEM NO. 6 STAFF INFORMATION ITEM NO. 7 PUBLIC DISCUSSION ITEM NO. 8 TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS • August 13, 2013, 5:30 PM, Helling Conference Rm • September 10, 2013, 5:30 PM, Helling Conference Rm • October 8, 2013, 5:30 PM, Helling Conference Rm • November 12, 2013, 5:30 PM, Helling Conference Rm ITEM NO. 9 ADJOURNMENT DRAFT POLICE CITIZENS REVIEW BOARD MINUTES —July 8, 2013 CALL TO ORDER: Vice Chair Melissa Jensen called the meeting to order at 5:36 P.M. MEMBERS PRESENT: Kingsley Botchway and Donald King MEMBERS ABSENT: Royceann Porter and Joseph Treloar STAFF PRESENT: Staff Kellie Tuttle and Catherine Pugh STAFF ABSENT: None OTHERS PRESENT: Marian Karr, City Clerk; Adam Sullivan, IC Press Citizen RECOMMENDATIONS TO COUNCIL 1) Accept PCRB Report on Complaint#13-01 CONSENT CALENDAR Motion by King, seconded by Botchway to adopt the consent calendar as presented or amended. • Minutes of the meeting on 06/24/13 Motion carried, 3/0, Treloar and Porter absent. NEW BUSINESS Council Resolution #13-217 regarding Ad-Hoc Diversity Committee Recommendations (PCRB pages 11-16) — Marian Karr, City Clerk, presented the Ad-Hoc Diversity Committee recommendations that were accepted by City Council and went through the implementation process of those recommendations with the Board. OLD BUSINESS None. BOARD INFORMATION None. STAFF INFORMATION Pugh informed the Board that her e-mail address had changed and she was no longer working at United Action for Youth. Tuttle stated that she would have a draft of the annual report ready for the Board's review in the August meeting packet. PUBLIC DISCUSSION None. PCRB July 8, 2013 Page 2 EXECUTIVE SESSION Motion by King, seconded by Botchway 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, 3/0, Treloar and Porter absent. Open session adjourned at 6:28 P.M. REGULAR SESSION Returned to open session at 7:05 P.M. Motion by King, seconded by Botchway to forward the Public Report as amended for PCRB Complaint#13-01 to City Council. Motion carried, 3/0, Treloar and Porter absent. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • August 13, 2013, 5:30 PM, Helling Conference Rm (meeting date TBD) • September 10, 2013, 5:30 PM, Helling Conference Rm • October 8, 2013, 5:30 PM, Helling Conference Rm • November 12, 2013, 5:30 PM, Helling Conference Rm Due to scheduling conflicts, the August 13th meeting will be moved to another date. Staff is checking on meeting room availability for August 12th or the preceding week. ADJOURNMENT Motion for adjournment by King, seconded by Botchway. Motion carried, 3/0, Treloar and Porter absent. Meeting adjourned at 7:07 P.M. oxoo 2 d � e `er 4 SE" C11 g ii II II II II W W Ch • O c V c 2 0 0 0 X X X X eo eD a. X X X X X VZ X C X X i„d C X X X y o 00 crc, X O X X P# W o X X X X X C O X X X a C X X X a W X C X X XXXXX 1;3 CIN X X 00 POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5041 July 8, 2013 3 rs — c-,-< <I To: City Council :<� Complainant &.3: City Manager Sam Hargadine, Chief of Police Officer(s) involved in complaint From: Police Citizen's Review Board Re: Investigation of PCRB Complaint#13-01 This is the Report of the Police Citizens Review Board's (the "Board") review of the investigation of Complaint PCRB#13-01 (the "Complaint"). BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, Section 8-8-7B (2), the Board's job is to review the Police Chief's 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 8-8-7 B (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", Section 8-8-7 B (2) a, b, c. BOARD'S PROCEDURE The Complaint was initiated by the Complainant on March 21, 2013. As required by Section 8- 8-5 (B) of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chief's Report was filed with the City Clerk on June 19, 2013. The Board voted to review the Chiefs Report in accordance with Section 8-8-7 (B)(1)(d), Request additional investigation by the Police Chief or City Manager, or request police assistance in the Board's own investigation. The Board met to consider the Report on June 24, 2013 and July 8, 2013. FINDINGS OF FACT The Complainant alleged that he was being bothered and harassed for"no reafOn gat a by Officer A. >=1 i (-)-< I The Complainant alleged that Officer A followed him to the Police Department v eta thtebffic r" found out that he was going to make a complaint against him. :'ern -n The Complainant alleged that Officer A said he was going to stop him again ansk h ► questions every time he saw him. a The Complainant alleged that Officer A discriminated against him because he was black. In Chief Hargadine's investigation he reports that the Complainant was asked by Officer A to leave the Post Office located on Clinton Street in Iowa City. This followed a complaint from security personnel at the Post Office reporting the Complainant and other transients were sleeping in the lobby area of the Post Office and requesting that they be asked to leave. Officer A arrived at the Post Office at 5:34 a.m. in response to the complaint. Officer A completed the call and returned to service at 5:51 a.m. Chief Hargadine reported that he spoke with both Officer A and Officer B about this incident. They reported that at least two of the individuals asked to leave the Post Office were African Americans and the others were Caucasian. Chief Hargadine reported that he met with the Complainant on 3/21/13 when the Complainant went to the Iowa City Police Department to file a complaint and attempted to explain that the officer was responding to a complaint from the Post Office requesting that the Complainant and the other subjects at the Post Office move on. The Complainant insisted on filing a complaint. The Complainant was left voice mail messages on 3/28/13 and 3/29/13 and was mailed a letter on 4/2/13 but did not respond until 4/10/13 when he called the Police Department to file a second complaint on Officer A. The Complainant was upset that Officer A again asked him to leave the Post Office. The Police log does verify that an officer was dispatched to the Post Office on 04/10/13 from 4:31 a.m. until 4:51 a.m. The Complainant made arrangements to meet with supervisors on 4/11/13 at 11:30 p.m. and would call if he could not make it. The Complainant was a no call, no show for this appointment. The Complainant reported being asked to leave the Post Office by Officer A. Officer A was responding to a call from the Post Office where the Post Office requested that the group people in the building, which the Complainant was among, be asked to leave to building. This was in line with Officer A's duties and does not constitute harassment on the officer's part. The Complainant did allege that Officer A told him ". . . every time that I see you that I am gonna stop you again and ask you question." The Officer's statement referred to each time he met the Complainant sleeping in the Post Office he would be asked to leave. The Complainant alleged that Officer A followed him to the Police Department. It is not clear if this occurred, or not, by the reports and no further evidence was provided by the Complainant. The Complainant alleged that Officer A requested to see his identification. Such an action on the part of Officer A would be in line with the regular duties of a police officer and would not constitute harassment on the part of Officer A. The Complainant did not report any actions or statements that were made by Officer A which would indicate that the officer acted in a racist manner. The Police Citizen's Review Board requested and viewed the video of the incident provided to them by Chief Hargadine and found it to contain no inappropriate actions which would support the Complainant's allegations against Officer A. ALLEGATION #1 — Harassment. Not Sustained ALLEGATION #2— Racist behavior. Not Sustained COMMENTS None. o w r y,,_,` te- - zro - g y �F. N CA) IOWA CITY Oti I D kq Memorandum * * <FST.,05 POLICE TO: File FROM: Captain Jim Steffen, Administrative Services RE: Summary Report (All quarters) IAIR/PCRB, 2012 DATE: July 9, 2013 Attached you will find the 2012 Year End report for the Iowa City Police Department Internal Affairs/Police Citizen's Review Board investigative file. There were sixteen investigations initiated in 2012. One of those investigations was completed in 2013. The attached summary reflects a combination of all the quarters in 2012. cc: PCRB Chief Hargadine Sgt. 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C Q W O O 1 A N O O N W N N N .7--' N N O O O y O O O O O O 1 W 1 W W co W 1 co OD N �I V V v Cn (71 •A O O O O O W r+ O c (D co (D N I a a _n o 0 0 0 o o o co o I I ca co CD (D d d d N O O D A U�l `1 2] A A do A A A A [`N N N O W • O W N O W N- O ! i W O C.) 0 CD 0 y j 2 CD CD S 9 S v a o 91, m o co o V. co m m a v°� ff o o A = _ 7 _ co m cn p' a C C a co a a co E a ai a) m o I W a > a a cTi I a a 3 3 3 3 �' > > S. 5' 5 . n 0 v °: a d Z = CD CD CD N < p < (7 `D `D co. `D Q `D 1-4 `D 3 CD CD " C" = C (= I _ -te) v:. j"' -,G;" s rn �s rn *2 .: 0 a C•,, CO C N 8 8 U1 Ul N N N N N N O W W rn a) 0 0 0 C) 0 v, 01 N N W W N N O_ W W 3 3 v o 0 - -o m co co cn D 0 0 CD O 3 N (./) (f) C C � M N N 5 CD CD Q d O O • N n •=, C.,V . r c,_c — C") rum z<r I-n x.0 w co LEG-01.1 • IOWA CIT'y 4F 10{yq co'''' ) CIVIL RIGHTS ;s„. 1„,„ POLICE Original Date of Issue General Order Number May 20, 2000 89-04 eV w Effective Date of Reissue Section Code =4 F II I May 01, 2013 LEG-01 cs--< 1 r. =In `v Reevaluation Date Amends ='gym a m a June 2014 ;. D c.: C.A.L.E.A. Reference to 1.2.3, 1.2.5 (see "INDEX AS:") INDEX AS: Civil Rights Arrests Use of Force Rights, Civil Warrants Rights, Individual Search and Seizure I. PURPOSE The purpose of this order is to consolidate the policy of the Iowa City Police Department on civil rights as already expressed in current Department rules, directives, and other publications. This order will reaffirm the Department's determination to observe, uphold, and enforce all laws pertaining to the individual rights of each person without regard to age, race, color, creed, religion, sex, national origin, economic status, marital status, disability, sexual orientation or gender identity. II. POLICY It is the policy of the City of Iowa City and the Iowa City Police Department to ensure that the civil rights of the citizens of Iowa City are upheld. Members of the department shall ensure that all constitutional protections are afforded those parties with whom the department is involved. LEG-01.2 III. PROCEDURES INDIVIDUAL RIGHTS A. All persons are guaranteed protection against unlawful arrest and unreasonable search or seizure. (see general order 00-01, Search and Seizure) B. Department personnel shall uphold these rights by: 1. Taking a person into custody only when there is reasonable grounds to believe that: a. An arrest warrant exists for the person, or b. The person has committed or is committing a violation of the law. c. The person may be a harm to themselves or others 2. Entering a private dwelling only when he/she: a. Has in his/her possession a search warrant authorizing him/her to do so, or b. Has reason to believe that immediate entry is necessary to protect a person within such private dwelling from death or serious injury, or c. Can otherwise legally justify his/her action. 3. Taking from an individual only such property as he/she is legally authorized to take, and recognizing that he/she is responsible and must account for all such property. C. When making an arrest or searching and seizing property, Department personnel shall use only such force which is reasonable and necessary and in compliance with departmental directives pertaining to the use of force. (see general order 99-05, Use of Force) D. At all times Department personnel shall: 1. Never exhibit any bias or prejudice against any group or individual. 2. Act, speak, and conduct themselves in such a manner as to treat all persons with courtesy and with that respect due to every person as a human being. CITIZENS GUARANTEE o A. All persons of this country are guaranteed the right to seeleof grievances by: r3 rm 1. Freedom of speech r.. 2. Peaceful assembly L.. M 3. Peaceful picketing °*K = 0 4. Distribution of handbills providing such distribution is not in7aonflic gri ith the provisions of any City Ordinance. `a B. The rights set out in paragraph A, above, while fundamental in our democratic society, do not mean that everyone with opinions or beliefs to express may do so at any public place and at any time. The constitutional guarantee of liberty implies the existence of an organized society maintaining public order, without which liberty itself would be lost in excesses of anarchy. The exercise of these rights of free expression must not: 1. Conflict with the governmental responsibility to keep public streets and public facilities open and available for public use. LEG-01.3 2. Include the use of inflammatory remarks related to any instance where a clear and present danger of a riot against any person or group of persons exists. C. Resources of the Department will be employed to rapidly and decisively enforce statutes and ordinances which provide for the protection of the rights and property of all persons. 1. To the extent possible, Watch Commanders will assure that adequate staffing is available to control and maintain order in every instance where crowds have formed or are expected to form. 2. Police personnel in command at the scene of any assembly must be aware of their responsibility to afford protection to both participants and non-participants, and will deal with illegal acts promptly, decisively, and impartially. 3. The City of Iowa City and the Iowa City Police Department expressly prohibits any law enforcement agency operating within its jurisdiction from using excessive force against any individuals engaged in non- violent civil rights demonstrations. 4. The City of Iowa City and the Iowa City Police Department shall enforce any applicable state or local laws against physically barring entrances or exits from a facility or location that is the subject of a non-violent civil rights demonstration within its jurisdiction. 5. The City of Iowa City and the Iowa City Police Department shall enforce this general order within its jurisdiction and will facilitate the filing of a complaint by any individual or group who feels that the City of Iowa City and/or Iowa City Police Department has not complied with this policy. ARRESTED PERSONS A. All persons of this country, in keeping with our democratic processes, are guaranteed certain basic constitutional safeguards. These safeguards will not be denied any person even though he/she has committed, or is suspected of having committed, a criminal act. B. Department personnel will at all times be aware of a detainee's rights and shall: 1. Permit the detainee to communicate with his/her attorney and/or a family by making a reasonable number of telephone calls. 2. Expedite all necessary processing so the detainee will be detained no longer than necessary. 3. Never use force or coercion in seeking admissions of guilt or confessions. 4. Recognize and respect the detainee's right to refuse to give evidence against him/herself; however, there is no encroachment upon a detainee's rights if he/she should voluntarily supply such information. N RESPONSIBILITY Each officer shall familiarize him/herself with the laws and Depart*9t dactiveti pertaining to civil rights to insure his/her: a-=1 A. Recognition Recognition of each person's civil rights and c"-< B. Compliance with all laws and Department directives relatirci■ righ rn aP:3 3g— 0 a ca w LEG-01.4 VIOLATIONS Violations of this policy may be the basis of disciplinary action up to and including discharge from the Department. Egregious violations of persons' civil rights may result in individual liability and/or criminal sanctions. Samuel Hargadine, 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. 0 > 4 f .�. c"- r. ":"(rn ru FS= a C7 s- w ADM-03.1 IOWA CtTy PERSONAL ` 2 , n 1 APPEARANCE AND UNIFORM Fs r. 155 . POLICE REGULATIONS Original Date of Issue General Order Number May 23, 1994 90-03 Effective Date of Reissue Section Code July 2, 2013 ADM-03 Reevaluation Date Amends August 2016 ADM-03 Previous Version (2008) C.A.L.E.A. Reference 1.2.9 (see "INDEX AS:") INDEX AS: Ammunition Specifications Care of Uniform Clothing and Equipment Leather Goods Classification Personal Appearance Replacement and Maintenance of Uniforms Wearing of the Uniform PURPOSE: The purpose of this order is to establish the standards of uniform dress and authorized equipment for sworn officers and uniformed civilian personnel. N © R'-' -s-.(-) 1 • r"1"1 77• CO Co ADM-03.2 POLICY - UNIFORM REGULATIONS A. All sworn and uniformed civilian personnel of the Iowa City Police Department are governed by this order. B. All sworn and uniformed civilian personnel, while on duty, shall wear the prescribed uniform, except: 1. When traveling to and from work (optional). 2. When on special assignment and authorized by a commanding officer. 3. When making a court appearance, outside of regular duty (optional). 4. When making public appearances and authorized by a commanding officer. 5. When assigned to Criminal Investigation's Section (Criminal Investigation Section supervisors and Investigators) unless otherwise directed by the Division Commander or the Chief of Police. C. All sergeants and watch commanders shall wear the prescribed uniform while on duty, except as noted in (B) above. D. Uniforms, when worn, shall be neat, clean, and well pressed. Shoes, leather, and brass shall be polished. E. All officers assigned to plainclothes duties shall carry the issued badge case with shield while on duty. In the case of an emergency situation, planned raid, etc., the shield will be displayed in a prominent place for identification purposes. II. UNIFORM All uniforms will be approved and issued by the Department. No substitutions, changes or variations may be worn unless approved prior by the Chief of Police. Uniforms will be classified as "Summer," "Summer Optional," "Winter" and "Class A". A. Patrol Officer & Sergeant 1. Dark navy shirt 2. Dark navy trousers, and 3. Dark navy tie or dark navy/black turtleneck/dickey (winter) 4. T-shirt blue/black or white (summer) 5. Dark navy outer garment B. Watch Commander, Captain, Chief of Police 1. Dark navy shirt d 2. Dark navy trousers, and C? 3. Dark navy tie or dark navy/black turtleneck/dickey (wt 4. T-shirt dark navy/black or white c)-< r •• 5. Dark navy outer garment `41 ` a M C. Community Service Officers 1. Light blue shirt w 2. Dark navy trousers 3. Dark navy tie or dark navy/black turtleneck/dickey (winter) ADM-03.3 4. T-shirt dark navy/black or white (summer) 5. Dark navy outer garment D. Stationmasters 1. Light blue shirt 2. Dark navy trousers 3. Sweater E. Records 1. Department issued polo shirt (summer), Department issued long- sleeve shirt (winter) 2. Tan trousers-summer, black trousers-winter F. Animal Services Personnel 1. Light brown shirts - long-sleeve and short-sleeve 2. Dark brown trousers 3. Dark brown/white turtleneck/dickey (winter) 4. T-shirt tan, black or white 5. Dark brown outer garment Animal Services personnel other than officers are authorized to wear approved jeans or tan colored trousers along with Departmental issued t- shirt and sweat-shirt. G. Department Shoulder Patches Uniformed Patrol, Community Service and Animal Service officers will wear Departmental approved shoulder patches on all uniform shirt and coats. H. Class "A" Uniform The Class A uniform will consist of a dark navy dress blazer and mat ing trousers. It is to be worn with the winter shirt and tie. The dress hat standard part of this uniform. The Class A uniform will be isso Command Staff and worn at formal events as directed by the llrpf Police. (-)'t -=�n Summer Optional Uniform ("Hot Weather Uniform") '<� M 1. The Summer Optional Uniform is an approved unifornspaific assignments, duties, or missions at the discretion of t% indiaual Patrol Officer or Community Service Officers when approvedy the on-duty supervisor. Wearing of the Summer Optional Uniform for general patrol duties may be allowed during periods of extreme heat (forecasted temperatures greater than or equal to 85*F) when approved by the on-duty Patrol Supervisor, a Captain, or the Chief. 2. The purpose of wearing the Summer Optional Uniform is to provide relief to officers should the climatic conditions warrant. The Summer Optional Uniform will consist of a Department issued short- sleeve polo shirt with the ICPD badge embroidered on the left chest (Patrol Officers only) or the short-sleeve Summer uniform shirt (Community Service Officers only), Department issued uniform ADM-03.4 shorts, Department approved footwear no more than six inches in height and black socks which extend no more than two inches above the shoes/boots. If the officer chooses to wear a uniform hat, the hat to be worn is the Department approved black hat with gold lettering that says "IOWA CITY POLICE." 3. The intermixing of summer and winter uniforms with the hot weather uniform will not be allowed. Officers may wear rain gear with the Summer Optional Uniform but may not wear a winter jacket/coat with this uniform. Officers wearing the Summer Optional Uniform are still required to wear Department issued body armor. III. WEARING THE UNIFORM The following regulations will apply to all Departmental personnel, while in uniform. A. Cap 1. The uniform cap will be worn at the discretion of the individual officer, except when directed by a supervisor for extended periods of special duty, such as parades, formal or ceremonial functions, funerals. 2. The cap will be worn in such a manner that the lower-most part of the cap bill will be on a line horizontal with the eyebrows. 3. All caps will be worn with the plastic grommets in place, not removed. The proper cap shield shall be worn on the cap at all times. Patrol officers shall wear a black vinyl cap strap with gold buttons. All personnel above the rank of patrol officer shall wear gold cap straps and gold cap buttons. The Chief, Captains and Lieutenants are authorized to wear rank specific gold embroidery on the bill of the cap. NOTE: All patrol personnel and CSOs will have a Departmental issued dark navy "Arctic" fur hat and/or a stocking hat. These hats may be prescribed as part of the uniform of the day in extremely cold weather. B. Shirts 1. The long-sleeve shirt may be buttoned at the collar and worn with a tie or open-collared with an authorized t-shirt, turtleneck or dickey. Shirt sleeves will always be buttoned at the cuff and never rolled up at the wrist. 2. Uniform shirts shall have the pockets buttoned, with no bulky items contained therein. It is recommended that no items (pens or pencils) will be visible protruding from the pocket or flap. 3. T-shirts When a uniform shirt is worn without a tie, turtleneck or dicketga high neck style t-shirt will be worn. V-neck T-shirts are-rt 2,, authorized with the open collar shirt. The T-shirt slee gischalMot "fl protrude below the sleeve on the short-sleeve shirt. >--4 r C. Ties and Tie Bars z<rc,- m 1. Ties worn by Department uniformed personnel shall bettg ri departmental specified tie. No other color or style will lu rm7tted. T► W co ADM-03.5 2. Only Departmental authorized tie bars or tie-tacks are permitted. No other insignia, tie bars or tie-tack shall be worn. The tie bars or tie- tacks will be worn at a point on the tie parallel to the bottom of the shirt pocket flap when the flap is closed. 3. The wearing of tie-tacks or bars is optional. D. Trousers 1. All trousers will be of a length that allows the cuff to touch the top of the shoe at the laces. Any lesser length will not be permitted. 2. Trousers will be clean and pressed at all times and will not be worn if showing signs of wear. 3. Except for special assignments, trousers shall not be worn bloused or tucked into boots. E. Shoes and Socks 1. Shoes shall be a black military style boot or oxford with a plain rounded toe. Any other style of footwear must be approved by the Watch Commander. Shoes or boots with any type of decorative stitching or adornment will not be allowed. Shoes and boots shall be kept clean, shined, and in good repair. 2. Socks shall be black or dark navy in color, of sufficient height to cover the exposed leg area when wearing trousers. 3. Socks of other color may be worn if required for a medical condition but the exposed portion of the sock must be black or dark navy in color. 4. A black lace type or pull-on boot is acceptable as winter footwear. Wearing of the winter footwear will be determined by the weather conditions and approval of the Watch Commander. G. Other Garments 1. Jackets and coats shall be of the color and style approved and designated by the Department. 2. Gloves— only gloves issued or approved by the Departmentall be worn. 3. Raincoat and cap— only rain gear as approved and i tithe Department shall be worn. c,-< r H. Emblems and Insignia .m 1. With the exception of raincoats, all outer garments ar irtt:of ther3 prescribed police uniform will have affixed to them anlsfficial lgwa City Police Department patch. Exceptions to this are personal assigned to Communications, Records, Animal Service Officers, and other specialized units at the direction of their commanding officer. 2. Unless exempted, all uniformed sworn and civilian personnel shall wear the prescribed name plate, with their name and "Serving Since" date engraved on it. Name plates shall be worn on all uniform shirts, just above the flap of the right breast pocket/area. a. All uniformed sworn personnel will wear a gold colored name plate. ADM-03.6 b. Uniformed civilian personnel will wear a silver colored name plate. c. Animal Control will wear a name plate as designated by the Chief of Police. d. On all Department issued coats, a cloth name patch will be sewn on the right front identifying first initial/last name. 3. A police shield issued to a uniformed officer or civilian shall be worn on all outer garments and caps (ball caps and stocking caps exempt) while on duty. Uniform shirts and jackets have tabs for the wearing of the shield and they shall be worn on the tabs. 4. The designation of rank insignia shall be worn as prescribed. a. Sergeants shall wear three stripe chevrons on each sleeve of all long- and short-sleeve uniform shirts and on all jackets, excluding rainwear. b. Above the rank of Sergeant, uniformed personnel shall wear rank designation on the collars of each shirt and on the shoulders of each jacket. The rank designation will be as follows. 1) Lieutenant- single gold bar 2) Captain - double gold bar 3) Chief of Police - gold eagle or four gold stars. NOTE: Insignia will be one inch from the outer edge of the shirt collar and centered between the top and bottom of the collar. [see sketched examples at end of General Order] 6. Officers receiving meritorious awards may wear the award's designated ribbon under the officer's shield on the left breast pocket. 7. No other insignia, pins, charms, etc., may be worn on the uniform except those outlined in this General Order, unless express permission of the Chief of Police has been obtained. Jewelry For sworn officers, CSOs, and Animal Service Officers the only jewelry which may be visible while on duty is a watch, conservative rings, and a tie clasp/tack. Specifically forbidden are items such as earrings, facial jewelry, necklaces, bracelets, and other items which may be considered unsafe when in a scuffle. Other non-sworn employees may wear visible jewelry, as long as it is conservative and does not interfere with assigned dutiem I. IV.EQUIPMENT � ...... A. Protective Body Armor rn All sworn Iowa City Officers will be furnished body armor. It vAIIR maintained and replaced utilizing standards recommended tl •'+•he National Institute of Justice. Patrol Officers are required to varoar theia;J ody armor at all times while on duty. All other officers should have their'dy armor readily available while on-duty. The exception to this would be that officers assigned bicycle duty do not need to carry their body armor on their bicycle when high temperatures allow them the choice not to wear body armor. ADM-03.7 B. Ammunition All sworn personnel shall be issued ammunition. No other ammunition, except Department approved, will be carried while on duty. C. Weapon While on duty, all sworn personnel shall carry a Department issued sidearm weapon. The make, barrel length and type of weapon shall be designated by the Chief of Police. D. Handcuffs One pair of handcuffs is issued by the Police Department. An officer may carry an extra pair of his/her own, if so desired, in a case issued by the Department. E. Pen Personal preference, but with black or blue ink. F. Watch Personal preference, but capable of keeping accurate time. G. Flashlight As furnished by the Department. _ o O w H. Asp a� r As furnished by the Department. -..0 1 r. I. Traffic Whistle -� As approved by the Department. 2z - Q 1 La II. V. LEATHER GOODS All leather goods, except jackets, shoes, and boots, worn by uniformed sworn and uniformed civilian personnel, will have the black, basket weave design. All leather goods shall be kept clean, in good repair, and will be polished at all times. Certain specialized units/details may be exempted as determined by their supervisor (example: Color/Honor Guard). For regulation wear, the following leather items are approved and required: A. Belts 1. The 2-1/4"wide utility belt will be the main outer belt worn by all uniformed sworn personnel, below the rank of Captain, for street use. The prescribed 1-1/2" to 1-3/4" trouser belt shall be worn under the utility belt. 2. Belt buckles and keeper snaps will be brass and of the Department authorized style. 3. Officers assigned office duty will be allowed to wear alternative belts as approved by the Chief of Police. ADM-03.8 B. Holster 1. Officers will be issued holsters compatible with the type of weapon they are issued. Any other holster (shoulder, etc.) used while on duty must be authorized by the Division Commander. 2. An alternate holster may be worn by officers assigned to office duty if authorized by the Chief of Police. 3. While on duty, sidearms will be carried by plainclothes officers in an authorized and approved holster. C. Magazine Pouch The magazine pouch is to be worn on the belt and readily accessible. D. OC Holder The OC holder containing the Department authorized canister of OC is to be worn on the opposite side from the holster. E. Handcuff Case The handcuff case is to be worn on the belt and readily accessible. F. ASP Carrier If worn, the ASP carrier or scabbard is to be carried in a readily accessible position. G. Portable Radio Holder Q The portable radio holder is to be worn on the opposite sidEfrom tIlk holster. D� m H. Flashlight Holder �n J r The flashlight holder is to be worn on the belt in a readily actIgisibig, M position. E3= a O I. Belt Keepers v ca tra A minimum of four belt keepers will be worn. Two keepers will be worn in the front, one to the left and one to the right. A keeper shall be worn between the holster and asp carrier. The two remaining keepers will be worn positioned to the corner of the rear trousers pocket, on each side left and right. All belt keepers will be worn attached around the utility and trouser belt. Officers wearing Department issued duty-belt systems not requiring keepers need not wear keepers. VI. SPECIAL ASSIGNMENTS / NEED Uniforms and equipment needed outside of the general issue for special assignments/needs (examples: Bicycle Patrol, Walking Patrol, SCAT, SRT, and Pregnancy) will be issued and replaced as directed by the Chief of Police. VII. CARE AND REPLACEMENT OF ISSUED POLICE EQUIPMENT All Departmental employees are responsible for the care and maintenance of their issued uniforms and equipment. Should any items become worn or damaged, a ADM-03.9 request for replacement is to be made with the Captain of Administrative Services. When approved, the damaged or worn item will be turned in as an exchange. SAMUEL HARGADINE 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. '4 - C7 3'' w ADM-03.10 Sketch Examples - Lieutenant Captain '� c)-< • •fir' M > ca OPS-04.1 / IOWA (Try °, w,i, INVESTIGATIVE TASK FORCE POLICE Original Date of Issue General Order Number October 01, 1991 91-05 r� Effective Date of Reissue Section Code ° May 04, 2013 OPS-04c..) Tr--t - ._ Reevaluation Date Amends < �o r- ,-) - June 2016 ::-.4".<5; z• r o'D 0 C.A.L.E.A. Reference (see "INDEX AS:") I'' z' INDEX AS Criteria for Investigative Task Force Investigative Task Force Outside Agency Requests - Investigative Task Force Members Procedures for Investigative Task Force I. PURPOSE The purpose of this Order is to establish the policies and procedures for the creation and operation of investigative task forces consisting of law enforcement officers from Iowa City and/or outside law enforcement agencies. This Order consists of the following numbered sections: I. Purpose II. Policy II. Procedures for the Investigative Task Force III. Outside Agency Requests for Task Force Participation IV. Notification Procedure V. Effective Date OPS-04.2 II. POLICY A. It shall be the policy of the Iowa City Police Department to establish temporary investigative task forces to handle major case investigations, widespread criminal activity, highly volatile criminal activity, and/or multi- jurisdictional criminal activity. B. The Commander, Field Operations and Commander, Investigations Section have the authority either to establish an investigative task force in Iowa City or to permit Iowa City officers to participate as task force members in other jurisdictions. If time permits, the Chief of Police should give prior approval to the task force. III. PROCEDURES FOR THE INVESTIGATIVE TASK FORCE A. Criteria for Establishing an Investigative Task Force 1. Surveillance (stake out situations) 2. Mass arrests and/or potentially dangerous arrests 3. Large scale and/or potentially dangerous search warrant situations 4. Major case investigation such as homicide, burglaries, armed robbery, sexual assault, etc. 5. Missing child case 6. Investigation of multi jurisdictional criminal activity 7. Other situations requiring the coordinative efforts of investigators and patrol officers from their jurisdictions. B. Task Force Command 1. The Investigations Commander will be in command of any task force that is established within the City of Iowa City. This command authority will include personnel from other law enforcement agencies assisting in the operation. 2. The Investigations Commander will hold a general briefing for all parties involved in the operation. The briefing shall focus upon the following: a] Purpose of investigative task force o 4-0 t_ b] Identification of target, subjects, vehicle and/d�irr� c] Assignment of task force personnel c,A ram d] Plan of action e] Contingency plans. -<r*r p' rn C. Staffing of Task Force Whenever possible, the Investigative Task Force will be stand fro lithe roster of the Iowa City Police Department and any other agency that-has a direct interest in the operation. Other law enforcement agencies may be polled for personnel, as the need arises. D. Task Force Debriefing When the operation is completed, every attempt will be made to assemble all parties at a designated place for a debriefing of the operation. All positive and negative aspects of the operation will be discussed to enhance future operations. OPS-04.3 VI. OUTSIDE AGENCY REQUESTS FOR TASK FORCE PARTICIPATION A. The Investigations Commander and/or Commander, Field Operations, must approve the assignment of officers to participate in a task force operation controlled by an outside law enforcement agency. B. When assigned to an outside task force, the Iowa City officer(s) will follow the orders of the Commander or officer in charge of that task force operation. C. If members of the Iowa City Police Department are involved in a task force operation involving outside agencies and that operation culminates in an arrest within the jurisdiction of the City of Iowa City, the Iowa City officers will transport, book, and process the arrest. The only exceptions will be if: 1. a federal or state agency is coordinating the operation 2. a local agency is serving arrest or search warrant which originated from their jurisdiction. V. NOTIFICATION PROCEDURES A. The Investigations Commander and/or Commander, Field Operations, will be responsible for notifying the Chief of Police of the creation of an investigative task force and for regular briefings on the status of the investigation. Samuel Hargadine, 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. ra o w � M = = v OPS-06.1 1OWA CITY .f�oc. `owl, EMERGENCY � _ - OPERATION OF .'s ,„�� r POLICE VEHICLES POLICE Original Date of Issue General Order Number January 23, 2001 _ 95-01 Effective Date of Reissue Section Code May 14, 2012 OPS-06 Reevaluation Date Amends June 2013 OPS-06 Previous Version (2007) C.A.L.E.A. Reference 41.2.1, 41.3.3, 61.3.3 6 �' c.. INDEX AS: �`_--I `- Emergency Communications Seat Belts 7-1C-) Traffic Stops Occupant Restraints --Cr- - rn 1 Police Vehicle Pursuits a CD )” r I. PURPOSE The purpose of this order is to clarify the operation of departmental vehicles in non- pursuit situations. II. POLICY It is the policy of the Iowa City Police Department to ensure that all departmental vehicles are in safe operating condition and that they will be operated in a safe and legal manner. When responding to a call, members will operate vehicles in compliance with State Law and City Ordinances relating to motor vehicle operations. OPS-06.2 III. DEFINITIONS Pursuit Driving: for the purpose of this order, pursuit means chasing a fleeing suspect who has given some indication of her/his intent not to stop or yield. This indication can be by increasing speed, bypassing traffic control devices, or other reckless means. IV. PROCEDURES Police vehicles responding to calls will be operated in either a routine, urgent or emergency mode. These modes are defined as: Routine - Non-life threatening or property damage producing incidents. I.e. shoplifting incidents, criminal investigation reports (not in progress), loud noise or disturbance calls, requests for service and other non-emergency calls. Routine responses involve no use of either emergency lights or siren. When an officer is operating in a routine mode, he/she shall obey all laws and ordinances pertaining to motor vehicle operations. Urgent- Immediate response, though there is no imminent threat to life or property. Emergency lights/siren may be used intermittently at the officer's discretion. I.e. property damage accident with roadway blocked. Urgent responses involve the use of emergency lights. Unless emergency lights are activated, the officer shall obey all laws and ordinances pertaining to routine (non-emergency) motor vehicle operations. Emergency (code 3) -An emergency situation exists, and there is an immediate threat to a person or property. Officer should respond with emergency lights and siren. When operating in or responding to an emergency assignment, the following guidelines shall be adhered to. Code 3 responses involve the use of emergency lights and siren. Emergency lights should be used at all times while responding to an emergency assignment. A. No unit assigned to departmental personnel shall be driven in such a manner or at such a speed that the officer is unable to safely maintain control of the vehicle. B. No unit shall be driven through an intersection which is controlled by an automatic traffic signal when the red light is showing until said unit has slowed to such a speed that they could safely come to a stop. The officer may then proceed with caution only after determining it is safe to do so. C. No unit shall be driven through an intersection which is controlled by a stop sign, until the operator has slowed to such a speed that they could safely come to a stop. The officer may proceed after determining it is safe to do so. D. Sirens may be used whenever necessary in the judgment of the officer driving the vehicle. (There are many times when the use of a siren is unnecessary and only creates confusion and draws crowds.) E. When emergency equipment is deactivated the responding of Ie shM obe all traffic laws and proceed in a manner consistent with the not flopt of rm.- traffic. rn =gym zEx 3'' �- 2 OPS-06.3 Use of Emergency Lights - Emergency lights may be used when, in the opinion of the operating officer, it is necessary to stop violators and/or alert passing or oncoming drivers to dangerous situations such as accident scenes. Once the need for displaying emergency lights is over, they shall be turned off. In a case where emergency lights are used to stop a violator, they shall be turned off as soon as it is safe to do so. Officers may elect to leave emergency lights activated if vehicles are stopped in a position that might create a hazard and/or if the situation itself is unsafe/unstable. The use of emergency lights and/or siren are dictated by the particular circumstances of a call. Examples include, but are not limited to: A. Responding to a call where there is an immediate threat to person or property. B. Stopping a vehicle on the roadway. C. At the scene of an accident. D. At a traffic control assignment. E. At the scene of a hazard or roadway obstruction. The spotlight is primarily designed for illumination of the interior of stopped vehicles. The spotlight shall not be used for signaling vehicles, When used to illuminate, the spotlight should be positioned so it will not be directed at oncoming traffic. When responding to an assignment, officers will not operate vehicles at a speed or in such a manner that inhibits his/her ability to control the vehicle. Officers will adhere to the basic rules of traffic safety, regardless of the nature of the assignment. Any officer who is involved in a collision will be required to explain his/her actions. Factors which the officer shall consider in determining the speed at which a police vehicle is %grated include but are not limited to: A. the officer's ability to control the vehicle; ++4 s- ammo, B. roadway conditions; ,. C. light conditions; D. traffic conditions; :4 E. nature of the offense or situation; c- F. the danger posed to the public and the officer by the speed of f4e The ultimate responsibility for the safe operation of a police vehicle is with the o{ erator of the vehicle. When operating a vehicle in any situation, officers are expected at all times to exercise the highest degree of care. The operation of a vehicle against traffic on one-way streets or controlled access roadways shall only be performed under the most extreme circumstances and only when specifically authorized to do so by a supervisory officer. When an officer is notified of an actual or potential emergency situation by other than the communications center, the receiving officer shall report to the communications 3 OPS-06.4 center the nature and location of the incident. When practical, the name of the person who made the initial notification to the officer should be recorded. PRIORITIZATION OF CALLS FOR SERVICE Calls for service received by the Communications Center shall be assigned a priority category. The priority assigned each call shall be based upon the urgency of the incident reported, with the highest priority given to life-threatening or potentially life- threatening situations. Calls shall be categorized and dispatched according to the following priorities: A. Priority 1: Those calls for service that involve life threatening or potentially life threatening situations are Priority 1 calls. The dispatch of an officer or officers is urgent. If sufficient manpower is unavailable for response, the Emergency Communications Operator (ECO) may call an officer en route to or already on the scene of a call with lesser priority to respond. Examples of Priority 1 calls include but are not limited to; life-threatening medical calls, personal injury crashes, crashes with unknown injuries, officer(s) in need of urgent or emergency assistance, shootings, stabbings, violent domestic dispute calls, citizens' report of an in-progress crime against a person etc. Officers responding to Priority 1 calls may respond in an urgent or Code 3 mode or a combination of both. B. Priority 2: Calls for service which may require an element of surprise to apprehend a perpetrator or require a shortened response time are Priority 2 calls. Such calls include; intrusion or panic alarms, residential alarms or bank alarms when the business is normally open, or reports of felony property crimes in progress. Officers may respond to Priority 2 calls in an emergency (Code 3) or urgent mode, or a combination of both. C. Priority 3: All other routine calls for service which require a timely, but non-emergency response are Priority 3 calls. Examples of Priority 3 calls include but are not limited to; reports of past tense incidents where a preliminary investigation is required and a suspect is no longer present, first-aid calls which do not involve life-threatening circumstances, property damage vehicular crashes, person(s) in custody who are not combative. Officers shall respond tarriority 3 calls in a routine mode. 'o c_ m D. Priority 4: >=I OMEN C")-C i Calls for service which are of such nature that they may be tam-y ihsCi then area car is available. Priority 4 calls include but are not limitect4pniEsal I"S"O complaints, parking problems which pose no traffic hazard, eteiRffic Cs w i fD respond to Priority 4 calls in a routine mode. 4 OPS-06.5 UNIT ASSIGNMENT To the extent possible the nearest available area car will be assigned as the initial unit of a Priority 1 call and will normally respond in either an urgent or emergency (Code 3) mode. The next nearest unit should be assigned as the second unit to the call. Secondary unit(s) should consider responding in a routine mode. However, if the gravity of the situation and/or the distance to be traversed would unnecessarily delay the arrival of the assisting unit(s), the secondary unit(s) may respond in an urgent or emergency (Code 3) mode. In these circumstances, the responding officers must weigh the jeopardy their response presents to themselves and the public. The assisting officer(s) must remain mindful of the fact that other emergency vehicles may be responding to the area in an emergency (Code 3) mode. To the extent possible, the nearest available area car will be assigned as the initial unit on a Priority 2 call and will normally respond in either an urgent or emergency (Code 3) mode. The next nearest unit should be assigned as the second unit to the call. Secondary unit(s) should consider responding in a routine mode. However, if the gravity of the situation and/or the distance to be traversed would unnecessarily delay the arrival of the assisting unit(s) the officer(s) may elevate their response to urgent or emergency (Code 3). Priority 3 calls should be assigned to an area car. If the ECO determines that there will not be an area car available in a reasonable amount of time, the ECO may assign an available unit from another area. To the extent possible, the complainant should be advised by the ECO of a timeframe in which a unit will be responding. When circumstances preclude a unit from responding in a reasonable amount of time the ECO may set up a time convenient with the complainant for an officer to respond. SUPERVISOR RESPONSIBILITIES Watch supervisors have the responsibility to monitor the use of emergency response(s) by subordinates. Supervisors have the authority to upgrade, downgrade, or terminate the response of a subordinate. UNMARKED VEHICLES Operators of unmarked police vehicles should be constantly aware of their reduced visibility and adjust their response and tactics accordingly. While officers in unmarked vehicles may respond to incidents, they should not be assigned as the initial unit on an emergency call. All unmarked vehicles used for traffic enforcement shall be equipped with emergency lights and siren. Officers operating unmarked vehicles not equipped with emergency lights and/or siren shall obey all laws and ordinances pertaining to motor vehicle operations. PURSUIT Officers of the Iowa City Police Department engaged in pursuit shall comply with section 321.231 of the Code of Iowa and will be governed by the tswa Cz+ Police Department General Order# 99-01 Police Vehicle Pursuits. )>=1 "fl c,-< r rn � rm al Tr ,g- 5 OPS-06.6 ESCORTS Private vehicles or other emergency vehicles (law enforcement, fire department, ambulance service, etc.) shall not be given an escort by a member of this department with the exception of a funeral procession or special event and in those exigent circumstances where the delay involved in an ambulance response to the scene may create a life and death situation. This section does not preclude officers from guiding "lost" motorists, or providing non- emergency chaperoning for businesses. OCCUPANT RESTRAINT All employees of the Iowa City Police Department are required to utilize safety belt devices whenever the employee operates a departmental vehicle and shall comply with Iowa Code 321.445 requiring the use of safety belts on all front seat occupants. Persons being transported in the back seat of marked patrol cars should be restrained with a safety belt, when they are cooperative and it does not compromise the safety of the officer(s) involved. Samuel Hargadine, 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. N C=D CD aINDIEN =icy .74r rn � rn a 77 z 6 pWA GITY ALARM — OPS-08.1 / Ot. 10{y4 OPEN DOOR sr. '�ti� F POLICE RESPONSE Original Date of Issue General Order Number February 9, 1999 99-02 Effective Date of Reissue Section Code June 8, 2012 OPS-08 Reevaluation Date Amends July 2013 OPS-08 Previous Version (2011) C.A.L.E.A. Reference 1.2.4, 1..6, 81.2.13 See Index Co INDEX AS: �'e) • Use of Force ii'-=i F • Supervisory Responsibility n""'l rum • Building Search z<Cl r" M • Alarm — Open Door Response o= 0 • Canine Procedure - .. I. PURPOSE The purpose of this policy is to define the responsibilities and duties of officers when they respond to burglar alarms, bank alarms or "open door" calls. II. POLICY It is the policy of the Iowa City Police Department to respond to burglar alarms, bank alarms and open door calls in a safe and efficient manner. When responding to these types of calls, they shall be handled in manner which provides maximum safety for the officer and the public. The decision to search a building in these circumstances will be made only after attempting to contact a representative of the building, or when a representative is unavailable, after considering all of the circumstances surrounding the incident. Warrantless searches shall be conducted only if circumstances justifying a warrantless search are present. OPS-08.2 III. DEFINITIONS IV. PROCEDURES A. BURGLAR ALARMS When a member of this department responds to a burglar alarm the officer should respond in a safe and reasonable manner. When approaching the location of the alarm the officer should consider the deactivation of emergency lights and siren if applicable. The officer should be observant for vehicles and/or persons leaving the immediate area. Upon arrival at the scene the officer should not park directly in front of the location from which the alarm is coming, instead they should park down the street from the alarm. The officer should approach the address from as concealed a position as possible. Upon reaching the exterior of the building, the officer should: 1. Check the exterior of the building for possible signs of a break-in. The officer should also check for open doors and monitor the interior of the building for suspicious activity. 2. If there are no obvious signs of forcible entry, the officer should notify JECC. The alarm company is responsible for contacting a business representative. Upon receiving notification from the alarm company of the key holder response, JECC should advise the officer if a representative is going to respond. If the representative requests that an officer accompany them into the building, the officer may do so after obtaining approval from a supervisor. When a representative requests an officer to accompany them to inspect a building, an entry shall be made listing the name of the representative as well as their relationship with the property in question. This will not constitute a search. 3. If there are signs of forced entry or attempted entry, officers should secure the perimeter of the building. When available, back-up officer(s) should check the immediate area for possible suspects or other buildings which may have been entered. JECC will contact a representative of the building at the officer's request. The representative shall be requested to come to the location before an officer enters the building. The contact will allow officers the opportunity to determine if anyone would be expected to be in the building. A supervisor should respond to the scene before entry is made. 4. If a building representative cannot be contacted, a supervisnwill make the determination whether: 1) officers will ent the binding to conduct a search; 2) the building will not be enter and axtra M patrol" initiated for the building; and/or, 3) a search vO nt Will be. requested. Extra patrol requests will be forwarded te4aseient ' watches as applicable. Regardless of the decision tpcgcterig rn secure the building, the supervisor of the day watch sxbesiffee will attempt to contact a building representative the rrbu5D ess OPS-08.3 day. The building representative will be informed of the date, time and pertinent details of the incident and be asked for updated business contact information. 5. In instances where the building representative declines to come to the scene, a watch supervisor may authorize a search of the building if the building representative requests and consents to a search. 6. In instances where there is forced or attempted entry, the lead officer shall complete an incident report and any required supplemental reports. B. OPEN DOORS AND WINDOWS When an officer comes upon or is made aware of an open door, the following guidelines should be adhered to: 1. The officer(s) will secure the perimeter. At the officer's request, JECC will contact a building representative to come to the location before any officer enters the building. 2. If the building representative cannot be contacted or does not desire to come to the location, the officer(s) will secure the building to the extent possible and initiate an "extra patrol" request for the duration of the watch and subsequent watches as applicable. A member of Day Watch will contact the building representative the next business day. The business representative will be advised of the date and time of the incident and be asked for updated business contact information. C. SEARCH PROCEDURES 1. If a property representative is not available and there is a reasonable basis on which to conclude that an emergency threat to persons and/or property exists, a supervisor may authorize warrantless entry and search by officers. In the absence of such circumstances, any search must be pursuant to warrant. 2. In instances where the building representative declines to come to the scene, the watch supervisor may authorize a search of the building if the building representative requests and consents to a search. This does not require that the building be searched. 3. When a determination to search is made, with or without the contacting of a property representative, a supervisor should be present at the scene. 4. If a determination is made to search the property, officers should consider requesting an available canine team in assisting Wh the search. All use of canine teams shall comply with canine glides and procedures. ©t c.,. 5. If it is determined that a search will be conducted, oars fall verbally identify themselves as members of the IowwCSly Police`—�- Department prior to entry. If exigent circumstance +ilt, t is m notification may be waived by the supervisor on the:.sgne3 cp OPS-08.4 D. BANK ALARMS Officers responding to bank alarms or other financial institutions shall utilize the authorized departmental protocol as identified in the Department's Field Training Manual. E. SPECIAL CONSIDERATIONS 1. When assisting an outside agency in their jurisdiction, members of this department will be guided by this policy. Prior to the search of the building, an ICPD watch supervisor should authorize any participation by ICPD officers in the actual building search. The watch supervisor should confirm that the person requesting the search has authority to authorize the search. 2. When the building to be searched is a public building under the control of the City of Iowa City, an attempt to contact the appropriate department head should be made prior to authorizing the search of the building. 3. When a determination is made that an officer will search a building, the officer will make the determination as to whether he/she will draw his/her weapon. If the officer decides to draw his/her weapon, a use of force report will be required only if an individual other than other police officers are encountered. In instances where multiple officers are involved in the search of a building and an individual is encountered, the on-scene supervisor may authorize one Use of Force report for all units present. IN ALL INSTANCES, ALL OFFICERS SHALL BE GUIDED BY THE DEPARTMENTAL USE OF FORCE POLICY. Samuel Hargadine, 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 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. w m a=4 z rn r' n OPS-09.1 IOWA CITY °c. tow4„ PRISONER *fsr 1 ss'* TRANSPORT POLICE Original Date of Issue General Order Number March 17, 1999 99-03 Effective Date of Reissue Section Code June 11, 2012 OPS-09 Reevaluation Date Amends July 2013 OPS-09 Previous Version (2010) N C.A.L.E.A. o w Chapter 70 c ..... c-,-< I INDEX AS: -=;rte.. • Use of Force ` m MI • Prisoner Transport • Handcuffing 17- x- I. PURPOSE The purpose of this policy is to provide guidelines for transporting persons in the custody of officers of the Iowa City Police Department between points of arrest and initial booking. II. POLICY Transporting prisoners is a potentially dangerous function. Therefore, it is the policy of the Iowa City Police Department to take the precautions necessary while transporting prisoners to protect the lives and safety of officers, the public and the person in custody. 1 OPS-09.2 III. PROCEDURES A. Vehicle Inspection 1. At the beginning and end of each tour of duty, all vehicles regularly used for prisoner transport shall be inspected for readiness as follows. a. The safety screen shall be securely in place and undamaged. b. All windows shall be intact and outer door latches in proper working order. c. Rear-seat door handles and window controls shall be deactivated. d. The interior shall be thoroughly searched to ensure that no weapons or contraband have been left behind or hidden within the vehicle. 2. Prior to placing a prisoner in a vehicle for transport, the transporting officer shall inspect the interior for weapons or contraband. The vehicle shall be searched again after the prisoner has been delivered to the detention facility or other destination. B. Handcuffing/ Use of Restraints 1. Officers should handcuff (double-locked) all prisoners with their hands behind their back and palms facing outward. 2. The officer may handcuff the prisoner with his/her hands in front, or use other appropriate and approved restraining device(s) where the prisoner: a. is in an obvious state of pregnancy; b. has a physical handicap; c. has injuries that could be aggravated by standard handcuffing procedures. 3. Known juveniles will be handcuffed only when reasonably necessary to ensure the safety of the officers, juvenile or others. 4. Prisoners shall not be handcuffed to any part of the vehicle during transport. 5. Additional approved restraint devices may be used to secure a prisoner who violently resists arrest or who exhibits behavior such that he/she poses a threat to himself, the officer, to the public, or to prevent escape. 6. Officers are prohibited from transporting prisoners who are restrained in a prone position. The technique of"hog tying" shall not be uSed by members of this department. *c--) > F m C. Transport s2-< , �--. 1. Prior to transport, all prisoners shall be thoroughly searcfor a h ny weapons or contraband. M am a 2. Prisoners should not be handcuffed together. : D 3. When possible, females should be transported separateigfrom,paales. 4. Juveniles shall not be transported in the same area of a vehicle-with adult prisoners. 5. Special precautions should be employed when transporting high-risk prisoners. In particular: 2 OPS-09.3 a. combatants should be transported separately; b. members of rival gangs should be transported separately. 6. Prior to initiating transport, the officer should provide communications with the following information: a. arrest location and destination; b. mileage reading before and after the transport of juveniles or members of the opposite sex; c. number of persons being transported; d. nature of the charge(s). 7. The officer should assist the prisoner(s) into the squad car, taking care to avoid the prisoner(s) striking their head on the vehicle. Prisoners should be instructed not to lean back on their wrists. 8. Prisoners should be transported in a manner that allows for constant visual observation. Officers operating vehicles equipped with video shall activate the camera to document the prisoner during transport. Seating of officers and prisoners should, when possible, conform with the following: a. Where the vehicle has a security screen but one transporting officer, the prisoner should be placed in the back seat on the right hand side of the vehicle. When the vehicle is not equipped with a screen and has only one transporting officer, the prisoner shall be placed in the right front seat and secured with a seatbelt. b. When a prisoner is being transported in a two-officer vehicle without a security screen, the prisoner shall be placed in the right rear seat. The second officer shall sit in the left rear seat. c. Leg restraints should be used when a prisoner exhibits, or an officer reasonably believes the prisoner is likely to engage in, violent behavior or is an escape risk. d. A solo transporting officer shall not transport more than one prisoner in a vehicle without a screen. e. Prisoners may be instructed not to speak to each other, or have contact with outside parties during the transport process. f. Prisoners should be secured in a seatbelt during transport if the officer(s) feel they can safely do so. 9. The physical wellbeing of prisoners shall be monitored during transit. Particular attention shall be directed to persons reported or suspected of being under the influence of drugs and/or alcohol or who have a history or propensity for violence. a. Prisoners who report or display symptoms of serious physical illness or injury during transit shall be taken to an emergency room for treatment. b. Escorting officers shall remain with the patient at all times Bess relieved by other authorized personnel (this may inc�mical,� staff). >-'14_, c. Potentially violent persons in custody shall be restratne< at all tirrtp,. in treatment facility unless such restraint would inters fewi essential treatment. rn Et= s 3 OPS-09.4 d. In the event a prisoner who has committed a serious offense is admitted to a hospital, long-term security may be appropriate. In such cases the supervisor of the arresting officer shall design a schedule that permits 24-hour security of the prisoner. Adequate rotation of officers will be maintained. Visitors, including phone contact, not approved by the Police Department shall be prohibited. Officers shall avoid fraternization with the prisoner. e. When released from the hospital, the prisoner shall be transported to the appropriate holding facility. The transporting officer shall ensure that all hospital treatment instructions and medication directions are given to the holding facility staff. 10.Symptoms or reports of physical or mental illness (such as threats of suicide or psychotic behavior) shall be reported to the receiving officer. 11. Any wheelchairs, crutches, prosthetic devices, and medication should be transported with, but not necessarily in the possession of, the prisoner. In instances where a person with a disability must be transported, and the disability prevents transport in a marked patrol car, a watch supervisor should be contacted for assistance. Alternate methods of transport may include but are not limited to the use of an unmarked unit, transport van, or requesting an ambulance to transport. 12. Prisoners should not be left unattended during transport. 13. Officers shall not engage in unrelated enforcement activities while transporting prisoners unless failure to act would risk death or serious bodily injury to another. In non-life threatening yet serious situations, officers should call for back-up assistance and may remain on-hand until such assistance has arrived. 14. Any escape shall be immediately reported to the communications center with a complete description of the fugitive, mode and direction of travel, original charge and propensity for violence if known. The officer shall ensure that the watch supervisor is notified. The officer shall complete a report detailing the escape. When a subject is not immediately captured, the watch supervisor should consider notifying outside agencies and request assistance. He/she may also consider the use of a canine unit in tracking the subject. If this is done, it shall comply with the general order pertaining to canines. 15. If a prisoner is an escape risk, the officer shall notify the receiving agency of this information. 16.When a prisoner is transported to the Iowa City Police Department for processing or questioning, the officer shall maintain control and shall ensure that visual contact is maintained with the subject at all tirrigs. In this case, the officer will decide if the handcuffs may be pamoveE during the processing or interview process. Officers shal5bifie fall -n Departmental directives pertaining to prisoner/detainee p ess = and... weapons security. ..-. 17.When officers are detained for a period of time waiting fndA er ter r m authorization, they shall monitor the wellbeing of their prie3rs d ensure that restraints have not unduly tightened. Officersas"�ign d to > -- 4 OPS-09.5 the prisoner holding van will check handcuffs of prisoners and make sure they are properly adjusted before prisoners are placed in the vehicle. The officer will inform dispatch of the check and the prisoner's name. At regular intervals, the officer will verbally check with the prisoners to make sure no problems have developed. If a problem develops, with two officers present and at the officer's discretion, the prisoner may be removed from the vehicle and the handcuffs or other problem checked. All checks will be noted in the CAD log. 18.Upon arrival at the Johnson County Jail, weapons shall be secured in the provided lockers. 19.Prisoners are considered in the custody of the Iowa City Police Department until they are received by Johnson County Jail personnel or released by the officer. 20.Persons who are transported for noncriminal procedures should be patted down and seated as indicated above. The officer will decide if the use of restraints is warranted. 21.Upon arrival at the receiving agency, the officer shall comply with the security requirements of the agency pertaining to weapons and prisoner restraints. Officers should advise the receiving officer of any medical conditions or special concerns regarding the prisoner as well as delivering all required paperwork and/or documentation regarding the subject. The receiving officer's name should be included on the appropriate form. Samuel Hargadine, 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 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. e a rn 5 OPS-03.1 IOWA CITY °k `o4, USE OF y 0._„, � ~ .., FORCE .1 „T 1 rig's POLICE , © w Original Date of Issue General Order Number 1=.--4 ,-- ...� April 28, 2001 99-05 n-‹ w z<� rn Effective Date of Reissue Section Code `_� 7. June 18, 2012 OPS-03 -= 7> Reevaluation Date Amends `-' July 2013 OPS-03 Previous Version (2011) C.A.L.E.A. Reference 1.3.1 — 1.3.8, 1.3.13 (see "INDEX AS") INDEX AS: • Use of Force • Use of Force Model • Reporting • Canine • Significant Force • Arrests • Investigation • Warning Shots I. PURPOSE The purpose of this policy is to provide members of the Iowa City Police Department with guidelines on the use of deadly and non-deadly force. II. POLICY The Iowa City Police Department recognizes and respects the value and special integrity of each human life. In investing officers with the lawful authority to use force to protect the public welfare, a careful balancing of all human interests is required. Therefore, it is the policy of the Iowa City Police Department that police officers shall use only that force that is reasonable and necessary to accomplish lawful objectives and effectively bring an incident under control, while protecting the lives of the officers and others. III. DEFINITIONS A. Deadly Force (Section 704.2, Code of Iowa) — For the purpose of this policy, shall mean any of the following: 1. Force used for the purpose of causing serious injury. OPS-03.2 2. Force which the actor knows, or reasonably should know, will create a strong probability that serious injury will occur. 3. The discharge of a firearm, in the direction of some person with the knowledge of the person's presence there, even though no intent to inflict serious physical injury can be shown. 4. The discharge of a firearm, at a vehicle in which a person is known to be. B. Serious Injury (Section 702.18 Code of Iowa) — Means disabling mental illness, or bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. C. Reasonable Force (Section 704.1, Code of Iowa) — Is that force and no more which a reasonable person, in like circumstances, would judge to be necessary to prevent an injury or loss and can include deadly force if it is reasonable to believe that such force is necessary to avoid injury or risk to one's life or safety or the life or safety of another, or it is reasonable to believe that such force is necessary to resist a like force or threat. Reasonable force, including deadly force, may be used if an alternative course of action is available if the alternative entails a risk to life or safety, or the life or safety of a third party, or requires one to abandon or retreat from one's dwelling or place of business or employment. D. Reasonable Officer: Objective Standard 1. "The 'Reasonableness' of a particular use of force must be judged from the perspective of a reasonable officer on the scene rather than with the 20/20 vision of hindsight. Graham v. Connor, 109, S.Ct. 1865, 1872. (1989) 2. "Reasonableness" also takes into account that police officers make judgments in a split second under circumstances that are "tense, uncertain, and rapidly evolving - about the amount of force that is necessary in a particular situation. Graham v. Connor, 109 S.Ct. 1865, 1872. (1989) E. Less Lethal Munitions (as used in this policy) —Any Department approved weapons and/or munitions system designed to stun, temporarily incapacitate, or cause temporary discomfort to a person. F. Use of Force —Any contact applied by an officer that significantly restricts or alters the actions of another and/or compels compliance with the demands or instructions of the officer. This includes the use of restraint devices surM as handcuffs. w o m n �- IV. Code of Iowa — Use of Force in Making Arrests and P vnting Escape mac) to A. Section 804.8 Use of force by peace officer making an arrest. A peace officer, while making a lawful arrest, is justified in the f azi, 0 force which the peace officer reasonably believes to be necessy to effect the arrest or to defend any person from bodily harm while making the Wiest. However, the use of deadly force is only justified when a person cannot be captured any other way and either: 1. The person has used or threatened to use deadly force in committing a felony, or OPS-03.3 2. The peace officer reasonably believes the person would use deadly force against any person unless immediately apprehended. A peace officer making an arrest pursuant to an invalid warrant is justified in the use of any force which the peace officer would be justified in using if the warrant were valid, unless the peace officer knows that the warrant is invalid. B. Section 804.13 Use of force in preventing an escape. A peace officer or other person who has an arrested person in custody is justified in the use of such force to prevent the escape of the arrested person from custody as the officer or other person would be justified in using if the officer or other person were arresting such person. V. PROCEDURES A. DEADLY FORCE 1. Purpose of statement a. To delineate the Department's policy regarding the use of deadly force. b. To establish policies under which the use of deadly force is permissible. 2. Policy a. Officers of the Iowa City Police Department may use deadly force to stop or incapacitate an assailant to prevent serious bodily injury or death. For this purpose and to minimize danger to innocent bystanders, the officer should shoot at the center body mass, whenever possible. b. An officer may use deadly force to protect him/her or others from what he/she reasonably believes to be an immediate threat of death or serious injury. c. An officer may use deadly force to effect the capture or prevent escape if: i. The person used or threatened to use deadly force in committing a felony, and o ii. The peace officer reasonably believes the per woiII3 used deadly force against a person unless immediat c apprehended. r- d. No distinction shall be made relative to the age of th gnded r" target. z<m �. rn e. Warning shots by officers of the Iowa City Police Degsrtner5re a prohibited. f. A verbal warning shall be utilized prior to an officer die'chargigtg a weapon unless it would compromise the safety of the officer or others. g. Shooting at or from a moving vehicle is prohibited, except under the following circumstances: i. When the occupant of the vehicle is utilizing deadly force against the police officer or other persons. ii. As a last resort to prevent death or serious injury to officers or other persons. iii. As a last resort to apprehend a person who has just committed a felony resulting in death or serious injury. OPS-03.4 iv. The discharge of firearms shall not be utilized when circumstances do not provide a high probability of striking an intended target or when there is substantial risk to the safety of other persons, including the risk of causing vehicle accidents. 3. Injuries resulting from Use of force. a. Officers shall render appropriate first aid to any person injured or complaining of pain following the use of force. b. EMS will be summoned to the scene to ensure delivery of appropriate medical treatment when: i. Requested by the subject(s) involved. ii. The extent of an injury is unknown or not visible. iii. The nature or extent of the injury dictates. c. Officers shall err on the side of caution, requesting EMS to respond to the scene if in doubt about the existence or extent of an injury. 4. Surrender of firearm. When officers or employees discharge a firearm that results in personal injury or death to any person, the officer or employee shall surrender that firearm to his/her supervisor or a higher authority consistent with departmental directives. Firearms involved in police shooting incidents shall not be unloaded, cleaned, nor in any way altered from the condition immediately following discharge other than to make the weapon safe for transport. a. When more than one officer or weapon has been involved in a shooting situation resulting in any injury or death, the involved weapons must be surrendered to the commanding officer in accordance with departmental directives. b. The commanding officer receiving such firearm or firearms shall immediately secure and document the same as evidence. B. LESS LETHAL FORCE 1. Where deadly force is not authorized under this policy, officers should assess the incident in order to determine which less lethal technique will best de-escalate the incident and bring it under control in a safe manner. Officers shall use no more force than is reasonably necessary to gain control of an individual or situation. Officers are authorized to use force consistent with the Use of Force model. 2. An officer shall use no more force than that officer reasonaly feel is necessary in the performance of their official duties. Use cfliiiceOf an—n officer is justified in, but not limited to, the following situating a. To protect the officer or others from physical harm. -=.c, r b. To control an arrestee or a potentially violent person< _. j"n c. To restrain or subdue a resistant individual. Approve traZt devices are handcuffs (hinged and chain style), flex-Offs arm nylon restraints. d. To bring an unlawful situation safely and effectively under control. 3. Officers shall offer medical treatment to any non-combative person who has been exposed to a chemical irritant/ OC spray. Officers shall decontaminate a person exposed to a chemical irritant and continue to OPS-03.5 monitor the condition of that person until they are no longer in the custody of the officer. B. NOTIFICATIONS 1. Any officer who discharges a firearm in the course of their duty, shall immediately contact his/her supervisor. (This does not apply to animal euthanasia where supervisory permission to discharge the weapon must be sought prior to the destruction of the animal ((see section B in "REPORTING USE OF FORCE INCIDENTS")) or training situations) If this is not practical, the officer shall contact the on-duty patrol supervisor. The notified supervisor shall then contact the following individuals: a. The involved officer's Division Commander. i. It shall be the Division Commander's responsibility to notify the Chief of Police. ii. If the Division Commander cannot be notified, a watch supervisor shall notify the Chief of Police. b. The County Attorney of the county in which the incident occurred. c. The City Attorney. d. The City Manager. e. The Criminal Investigation Commander or his/her designee. f. Other as Required by the Mandatory Call Matrix 2. The on-duty watch supervisor shall be immediately notified or summoned to the scene of any incident where use of force results in a physical injury. 3. The on-duty watch supervisor shall be immediately notified when a chemical irritant / OC spray is utilized. 4. The on-duty watch supervisor shall be immediately notified when a conducted energy device is discharged. C. REPORTING USE OF FORCE INCIDENTS 1. Discharge of Firearms — report required. Any officer who discharges a firearm for any reason or purpose other than those exceptions listed in this section, shall make a written report to his/her immediate supervisor as soon as circumstances permit. This written report will then be forwarded through the chain of command to the Chief of Police for review. Exceptions to the requirement of a \mitten report apply to the following circumstances in which no accident ownjury results: Dn ce. "TI a. The discharge of firearms on firearm ranges or in an for. firearms practice. n b. Sporting events to include lawful hunting and organiz2Qiocng ("T') matches. am s 2. When, in accordance with applicable law, it becomes nec ary fo7 an officer to discharge a firearm to destroy an animal which present danger or is seriously injured or ill, the officer will, prior to discharging the firearm, request permission to do so from the on-duty supervisor. If such action must be immediately taken in order to protect the officer's or another person's safety, the officer need not delay action in order to request this permission. In this circumstance, however, the Watch OPS-03.6 Supervisor must be notified immediately after the firearm is used. A Use of Force report is required. 3. Review Committee. a. Use of force incidents shall be reviewed by a committee consisting of a minimum of three sworn personnel. i. The committee shall consist of a Division Commander, the Sergeant of Planning and Research and/or Training Sergeant, and a third person designated by the Division Commander. ii. This group will, at a minimum, meet every three months to review the Use of Force Reports from the previous three months. iii. The purpose of this committee shall be to review all facts and reports concerning use of force incidents for: appropriateness of force used, for any training which may be necessary, and/or any need for policy changes. This committee will make recommendations on these matters to the Chief of Police. b. All non use of force firearms discharges (e.g. accidental/negligent discharge), with the exception of the destruction of animals which are reviewed by the Use of Force Committee, shall be reviewed in a manner consistent with General Order 99-06: Internal Affairs Investigations as assigned by a Division Commander. i. At a minimum, this will consist of a Report of Inquiry and supervisory review. ii. The Division Commander and the Training and Accreditation Sergeant will review the investigation and findings to identify any training recommendations which are necessary, and/or any need for policy changes. Recommendations on these matters will be forwarded to the Chief of Police. 4. Use of Force Reports. a. A Use of Force Report with a written narrative regarding any use of force incident will be submitted in addition to any incident report. The report(s) shall contain the following information: i. Arrestee/suspect information. ii. Incident number(s), date and time of incident, and reping officer. o iii. Description of actual resistance encountered. V= c.. m iv. All required fields completed in Use of Force reptik v. The force used by the officer to overcome the raFtantR an the specific weapon or technique used. rn vi. A description of any alleged or actual injuries to2t er t officer or suspect. _. vii. Pictures taken of any injuries to either the officer or suspEct viii. Exposure to Chemical Irritant/ OC spray will additionally require the documentation of hospital treatment being offered, supervisor notification, and decontamination procedures. ix. A Conducted Energy Device deployment will additionally require the documentation of medical treatment, if medical treatment is refused by the suspect, supervisor notification, and the number of cycles/applications used. OPS-03.7 b. When the only use of force is the application of handcuffs, double locked, no use of force report is necessary. The application of handcuffs, double locked will be documented on a written complaint or citation or in the body of an incident report. c. A supervisor of the reporting person shall review the report for adherence to Department policy and procedure and document their conclusions. d. All reports concerning use of force shall be forwarded through the chain of command to the Division Commander for review. 5. Executive Review. At a minimum, the Chief of Police and/or designee will conduct a documented analysis of all reports and incidents of force annually. An analysis of reports and incidents of force could reveal patterns or trends that indicate training needs, equipment upgrades and/or policy modifications. D. INVESTIGATION OF USE OF FORCE RESULTING IN DEATH OR SERIOUS INJURY 1 . When any member of the police department is involved in an incident resulting in death or serious injury, a thorough and objective investigation of facts and circumstances will be initiated as soon as practical by the Chief of Police's designees and completed as soon as practical. 2. The Chief of Police or his/her designee shall decide whether the DCI and/or any other outside agency shall be called to assist in the investigation. 3. If an incident resulting in death or serious injury which involves a sworn Iowa City police officer occurs in another police jurisdiction, the officer shall cooperate with that jurisdiction, as set forth in Iowa City Police Department directives. 4. The on-duty watch commander/supervisor shall ensure that appropriate case reports are initiated and that potential evidence is preserved. 5. The officer(s) or employee involved in the death or serious injury shall be relieved of field duty without the loss of pay or benefits, pending the results of the departmental investigation. Other officers or employees involved in the incident also may be relieved of field dutyaithouioss of pay or benefits at the discretion of the Chief of Police, whae - investigation is pending: �. a. The officer or employee shall be available at all time ofieial interviews and statements regarding the case, and gK be,,iubjel to recall to duty at any time. The officer or employest ireceivt, permission from the Chief of Police, or the Chiefs r e§en1tive, prior to leaving the area. If such permission is given, the ofger or employee shall supply the phone number(s) of his/her location and duration of the absence. b. The officer or employee will not discuss the case with anyone except the prosecuting attorney and/or persons designated by the Chief of Police or their designee. This does not prohibit the officer or employee from discussions with his/her attorney. If the officer or employee may be the subject of internal review or criminal charges, OPS-03.8 his/her constitutional rights and administrative protections will be maintained. The officer or employee will attend post-traumatic stress counseling at the discretion of the Chief of Police. c. At the discretion of the Chief of Police, the officer or employee may be returned to duty upon departmental receipt of notification from the counselor or mental health professional indicating the officer's fitness for duty. 6. The investigation and administrative leave policy outlined herein is not intended to imply or indicate the officer or employee has acted improperly, but is designed to safeguard the officer or employee and the Department. 7. The Chief of Police may appoint one or more individuals to conduct a separate yet parallel (administrative) investigation into a use of force incident to ensure all personnel followed departmental policies and guidelines. VI. USE OF FORCE MODEL A. Police officers are given the unique right to use force, even deadly force, against others for legitimate law enforcement purposes. The right to use force carries with it an obligation to use that force in a responsible manner. Police agencies have an obligation to provide their employees with the policies, training, and tools necessary to accomplish their mission. Selection of a use of force response from the options articulated in this model will be based on: the skills, knowledge, and ability of the officer; the perceived threat and amount of resistance offered by a subject; and consideration of the situational framework. A defined Use of Force Model will enhance the department's ability to manage the use of force and will benefit the officer by providing guidance, resources, and options. B. Officers of the Iowa City Police Department shall follow the principles of the Use of Force Model. The model describes an escalation of force, which is based on a reasonable officer's perception of threat or resistance. As a subject's resistance escalates, more force options become available to the officer. When resistance stops, the officer must de-escalate, but only after control (e.g. handcuffing) is accomplished. Officers of the Iowa City Police Department must generally employ the tools, tactics, and timing of force utilization consistent with the Model's proscription and training protocols. Due to the fact that officer/citizen confrontations occur in environments that are potentially unpredictable, "tense, uncertain, and rapidly evolving" (Graham v. Connor, 109 S.Ct. 1865, 1872. (1989) the officer may utilize tools, tactics, and timing outside the parameters of the Model. However, these applications of force must meet the same test of reasonableness as those which have been previously identified and approved by the Department. C. Reasonable officer's perception / Reasonable officer's respor (see attached matrix) .,s c-) 3> rF,. ii � mac, to f"' Samuel Hargadine, Chief of a m D •• r a OPS-03.9 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 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. 0 o =fin `-- nil =cy vs ;gym s„ M E7-23 cof OPS-03.10 LEVEL ONE Perception — Subject is compliant Response — Cooperative controls (includes: mental preparation, spatial positioning, communications skills, handcuffing positions and techniques, searching techniques, arrest and transport controls) COOPERATIVE CONTROLS USE OF FORCE MODEL - FUNCTIONAL PROFILE COMPLIANT: LEVEL 1 COOPERATIVE CONTROLS > PERCEPTION SKILLS MENTAL PREPARATION > RISK ASSESSMENT > SURVIVAL ORIENTATION > OFFICER STANCE SPATIAL POSITIONING > BODY LANGUAGE > RELATIVE POSITIONING > VERBAL COMMUNICATION SKILLS > NON-VERBAL > WALL > STANDING HANDCUFFING POSITIONS > PRONE > KNEELING HANDCUFFING TECHNIQUE > CONTROLLED > WALL > STANDING SEARCHING TECHNIQUES > PRONE > KNEELING > OPPOSITE SEX SPECIALIZED TECHNIQUES > FRISK > STRIP > SINGLE OFFICER ARREST TECHNIQUES > MULTIPLE OFFICERS ^� > SINGLE OFFICER ESCORT CONTROLS > MULTIPLE OFFICERS .)>=1* r > SINGLE OFFICER --its ' TRANSPORT CONTROLS > MULTIPLE OFFICERS :".<r.: 0 OPS-03.11 LEVEL TWO Perception — Subject is passively resistant Response — Contact controls (includes: contact controls, conflict management techniques, mass formation arrest techniques (multiple officer lifts, stretchers, wheelchairs etc.) USE OF FORCE MODEL -FUNCTIONAL PROFILE RESISTIVE (Passive): LEVEL 2 CONTACT CONTROLS FORCE OPTIONS (also includes all options from lower Levels) > SINGLE SUBJECT CONFLICT MANAGEMENT TECHNIQUES > MULTIPLE SUBJECTS > ARM CONTACT CONTROLS > WRIST > HAND > ESCORT TECHNIQUES ARREST TECHNIQUES > TRANSPORT TECHNIQUES > MASS FORMATION O w *n C 1 nri o� v F. 0 OPS-03.12 LEVEL THREE Perception — Subject is actively resistant Response — Compliance techniques (includes: neuromuscular controls, joint manipulation, nerve compression, chemical irritants, e.g. OC spray, controlled stopping devices for fleeing vehicle incidents) COMPLIANCE TECHNIQUES USE OF FORCE MODEL - FUNCTIONAL PROFILE RESISTANT (Active): LEVEL 3 COMPLIANCE TECHNIQUES FORCE OPTIONS (also includes all options from lower Levels) > NERVE COMPRESSION TECHNIQUES COMPLIANCE CONTROLS > CHEMICAL IRRITANTS, CROWD CONTROL CHEMICAL MUNITIONS > CONTROL TACTICS > HEAD NERVE COMPRESSION TECHNIQUES: > NECK NEURO-MUSCULAR CONTROLS > ARM > LEG CONTROL > WRIST ROTATION ONTROL TACTICS > ELBOW LEVERAGE BICYCLE > TAKE DOWN TECHNIQUES > COMMUNICATIONS/ASSESSMENT SKILLS VEHICLE PURSUIT TACTICS > PACING/TRAILING TECHNIQUES N O O 4' ` 0 V3 -:rn _ Fri _ � r OPS-03.13 LEVEL FOUR Perception — Subject is physically assaultive and may cause bodily injury Response — Defensive tactics (includes: personal weapon defense, e.g. hands, knees, feet, active countermeasures, etc.; impact weapons, e.g. ASP, weapon retention techniques, conducted energy devices) ° t �. 3 a USE OF FORCE MODEL — FUNCTIONAL PROFILE ASSAULTIVE (Potential Bodily Harm): LEVEL 4 DEFENSIVE TACTICS FORCE OPTIONS (also includes all options from lower Levels) > HEAD > HANDS PERSONAL WEAPON DEFENSES > ELBOWS > FEET > KNEES IMPACT WEAPONS (ASP) > STRIKES > IMPACT PROJECTILES > CANINE OPERATIONS LESS LETHAL WEAPONS > CONDUCTED ENERGY DEVICES > OTHER OPTIONS > FRONT WEAPON RETENTION TECHNIQUES (Less Lethal) > REAR > SIDE OTHER WEAPONS > CONTROL/APPREHENSION CANINE` TECHNIQUES *Deployment of canine for apprehension/protection shall be preceded by actions of suspect which are consistent with Level 4 (Assaultive — Potential Bodily Harm) behavior. The exception to this is the deployment of canine for building searches or related circumstances, where the suspect actions are not known. In this circumstance procedures spelled out in the "Canine Operations" General Order (99-04) shall be followed. ., 0 a w D-`-I r- • cz-C rn � OPS-03.14 LEVEL FIVE Perception - Subject is assaultive and likely to cause SERIOUS bodily injury or death Response- Deadly force (includes: weapon/weapons attack defense, lethal force utilization with service/supplemental weapons, forcible stopping techniques for assault with vehicle incidents) DEADLY FORCE USE OF FORCE MODEL - FUNCTIONAL PROFILE ASSAULTIVE (Serious Bodily Harm/Death): DEADLY FORCE LEVEL 5 FORCE OPTIONS (also includes all options from lower Levels) > WEAPON > WEAPONLESS ATTACK DEFENSE > WEAPON RETENTION TECHNIQUES > SERVICE WEAPON LETHAL FORCE UTILIZATION > SUPPLEMENTAL WEAPON > OTHER OPTIONS OTHER OPTIONS: > CONTACT FORCIBLE STOPPING TECHNIQUES > ROADBLOCK o A-4 C7-C i -4n to r -r rn Szei M A •• r OPS-12.1 IOWA CM? BODY-CAMS 0 404,,4 and IN -CAR Fsr 'b POLICC E RECORDERS Original Date of Issue General Order Number July 30, 1999 99-08 Effective Date of Reissue Section Code March 5, 2013 OPS-12 Reevaluation Date Amends April 2015 OPS-12 Previous Version (2006) C.A.L.E.A. Reference 41.3.8 (see "INDEX AS:") N INDEX AS: ° Use of Force Traffic Stops °c- Internal Investigations Recording Devices x'=-4.4 rte- Evidence In-car Recorders c,-‹ I w... Evaluations Body-cams 7(� w I. PURPOSE zEm = ci The purpose of this policy is to identify when recording devices shuld berxised and procedures to be followed when using the recording equipment. —Note: this policy specifically does not govern nor apply to covert operations and any related recordings. II. POLICY It is the policy of the Iowa City Police Department to use 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 manufacturer's instructions. Only those members trained in the use of the recording devices are authorized to use the equipment. All videos are the property of the Iowa City Police Department. Any distribution of a video or portion of a video shall only be done with the authorization of the Chief of Police or his/her designee. The playing or copying of any unauthorized video is prohibited. OPS-12.2 A. DEFINITIONS Audio/video recording equipment consists of: 1 . In-car recorders to include a camera, recorder, flashcard and LCD Display. These units are within the vehicle. A remote voice link device is carried by the officer. 2. Body-cams of a type selected and issued by the Department. III. PROCEDURES The use of 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: B. review of an incident prior to a court appearance; C. recorded information may be used or subpoenaed into court for civil and/or criminal cases; D. provide documentation of incidents which do not result in charges; E. assist in the report writing process; F. 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 there 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. If an officer who is not trained in the use of the in-car equipment is assigned to a vehicle containing the apparatus and it is employed, they should notify a supervisor at the conclusion of the assignment. The supervisor then is able to assign identity to that portion of the video not identified. Supervisors should issue available body-cams to officers with special consideration given to those officers participating in non-car assignments and/or those assignments with a higher likelihood of generating citizen contacts resulting in arrests and/or complaints (e.g. bike/foot patrol, bar checks, SCAT operations, and SRT operations). Officers are not required to inform person(s) that the recording equipment is in use, but shall disclose its use upon inquiry. o USE OF EQUIPMENT FOR OFFICERS TRAINED IN THE OPER f 9N `OF THE RECORDING APPARATUS D� In-car audio/visual recording units will be installed such that they tctiated �.. when: r-.. 1. turning on emergency lights `{m 2301 171 °7J 3e 2. turning on siren *2 0 OPS-12.3 3. manual activation by pushing the ® record button 4. manual activation by remote voice link button 5. excessive speed with no lights or siren All traffic stops shall 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. In addition to traffic stops, officers shall manually activate their recording equipment on calls for service and on self-initiated field activity. The in-car system's remote voice link device shall be carried by officers and utilized to record audio information outside the range of the vehicle microphones. Officers, if able, shall activate the in-car system immediately upon being involved in a motor vehicle crash. It is recommended that officers give consideration to activating the in-car system when responding to calls-for-service where video capture of persons/vehicles leaving the scene of incidents has investigative value. Once a recording unit has been activated it shall only be stopped when the incident in question is concluded. Note, however, that if an event is being recorded by the officer's in-car recorder or any of the room recorders within the Department (OW! and interview rooms) then that specific officer need not record the event with their body-cam. When the recording is stopped, the in-car system will allow a priority to be set. The following priorities are available: a Priority 1 = normal recordings, traffic stops etc. Priority 2 = officer marking for personal review s c-- -ft Priority 3 = file to be saved as evidence >--� --- Priority 4 = OWI c"-< r• Priority 5 = for supervisor review ,�<� p• 2:7 le Flash Card Control ° In-car videos are captured on flash cards on a recorder located in Bch vericle. The flashcards are secured within the recorder to which only supervisors have access via key. Spare flashcards and keys to the recorders are available only to supervisors. The recorder activates a warning for the operator when the flashcard is nearing capacity. A supervisor shall be notified who will then replace the flashcard. The flashcard is then uploaded to the server by the supervisor. Once the upload is complete the files are automatically erased from the card. The newly formatted flashcard is then available for re-use. If the video contains documentation of a use of force, the fact that there is a video and the date it was recorded 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. Video files are stored on the server located within the Police Department. Backup DVD's are created automatically when there is enough data to fill a disk, all data is backed up to DVD. Files that are tagged as evidence or for review will OPS-12.4 be kept live and accessible on the server for a period of 1 year. Files not tagged are kept on the server for a minimum of 90 days. If a video is needed after the 90 day period, it must be re-activated from the backup DVD. All backup disks are stored in the evidence room and under the control of the evidence technician. Only the evidence technician, the Commander of Administrative Services and the Commander of Field Operations are authorized to remove disks from the storage area. The watch supervisor should select at random at least two videos 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. Samuel Hargadine, 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 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. C=" © ca m — r". c� < t �••. ua OPS-14.1 / IOWA CI Ty °F '°wR DOMESTIC 'fsr. ,On' VIOLENCE POLICE Original Date of Issue General Order Number October 8, 1999 99-10 Effective Date of Reissue Section Code May 8, 2013 OPS-14 Reevaluation Date Amends June 2014 OPS-14 Previous Version (2010) C.A.L.E.A. Reference 1.2.7, 55.1.1, 55.1.3, 55.2.3 (see "INDEX AS:") INDEX AS: ° o w Domestic Abuse n r`— Domestic Violence f"" Domestic Violence Reports �- rn Domestics o 0 No Contact Orders •• Protective Orders ' N) I. PURPOSE The purpose of this General Order is to establish policy and procedures concerning domestic abuse. The Iowa City Police Department will respond properly to all domestic abuse requests for assistance. "Domestic Abuse" has been deemed as a series of criminal offenses in Iowa pursuant to Iowa Code Chapter 236, Domestic Abuse. Additionally, several other Iowa Code Chapters address domestic abuse-related issues. Efforts will be made to deter this criminal behavior. OPS-14.2 II. POLICY It is the policy of the Iowa City Police Department to: • Appropriately respond to domestic abuse calls for assistance and arrest domestic abuse offenders as defined under the law. • Maintain a pro-arrest policy whenever probable cause exists to support the belief that a domestic abuse violation has taken place. • Protect victims and families experiencing domestic abuse, and provide information concerning support and services. • Promote officer safety by educating officers in the area of domestic abuse response. • Develop a working relationship with the Domestic Violence Intervention Program (DVIP). • Actively participate in multi-disciplinary and community efforts to prevent and reduce the incidence and severity of domestic abuse assaults and deaths. • Provide community and workplace education about domestic abuse, including releasing an annual report on domestic abuse. III. DEFINITIONS A. Domestic Abuse means an assault, as defined in Iowa Code Section 708.2A and Iowa Code Section 236.2, that has occurred between parties who share a certain relationship. The relationship element defined: 236.2(2) 1. Family or household members residing together at the time of the assault or who have resided together within the past year, but not at the time of the assault; 2. Separated spouses or persons divorced from one another not residing together at the time of the assault; 3. Parents of the same minor child, regardless of whether married or living together at any time. 4. Brothers and/or sisters over 18 who live at the same residence. If under 18, Chapter 232, Juvenile Justice applies. 5. The assault is between persons who are in an intimate relationship or have been in an intimate relationship and have had contact within the past year of the assault. B. Family or Household Members: spouses, or persons cohabitating, pants or other persons related by consanguinity or affinity. a ``' D n C. Children: Children under age 18 are not subject to these provisic Cs a$ chapter 232, Juvenile Justice, applies. r .. `1 373 'r= 0 OPS-14.3 D. Cohabitation: means two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship. Cohabitation does not require a sexual relationship, but does require something more than merely residing together. State v. Kellogg, 542 N.W.2d 514(1996). Kellogg provides a non-exclusive list of factors for the jury's consideration: - Sexual relations between the parties while sharing living quarters - Sharing of incomes and expenses - Joint use or ownership of property - Whether parties hold themselves out as husband and wife - The continuity of the relationship - The length of the relationship - The degree of access to the residence (does each possess a set of keys) E. Intimate relationship: a significant romantic involvement that need not include sexual involvement. An intimate relationship does not include casual social relationships or associations in a business or professional capacity. A person may be involved in an intimate relationship with more than one person at a time. Factors to consider: - The duration of the relationship. - The frequency of the interaction. - Whether the relationship has been terminated. - The nature of the relationship, characterized by either party's expectation of sexual or romantic involvement. F. Primary Physical Aggressor: The Code requires a peace officer to arrest and take into custody the primary physical aggressor of the domestic abuse assault when the assault caused a bodily injury, involved the use or display of a dangerous weapon or was committed with the intent to commit a serious injury. See Iowa Code Sections 236.12(2) (b)(c) and (d). Considerations relating to an officer's determination of the primary physical aggressor are set forth in Iowa Code Section 236.12(3). In identifying the primary physical aggressor, a peace officer shall consider the need to protect the victims of domestic abuse, the relative degree of injury or fear inflicted on the persons involved, and any history of domestic abuse between the persons involved, and shall not be based solely o the absence of visible indications of injury or impairment. o w *CI G. Discretionary Arrest: Peace officers may arrest a person for a Triple _..;„ misdemeanor (non-injury inflicting) domestic abuse assault, bg r r fii required to do so. Discretionary arrest also applies to indictable e, Ph offenses where the offender was not the primary physical agg r. r H. Pro-Arrest Policy: Refers to a philosophical position in which fiysicaa arrest should be made in situations where an arrest is legally permissible. OPS-14.4 IV. PROCEDURES Procedures for the following qualifying factors are included in this protocol: A. Communications B. Officer Approaching the Scene C. Officer Responsibility at the Scene D. Enforcement of Court Protection Orders E. Written Reporting F. Victim Rights G. Follow-up Investigation H. Confidentiality I. Hostage Situations J. Officer Training K. Officers Charged with Domestic Abuse A. COMMUNICATIONS The dispatcher shall dispatch officers to every reported incident of domestic abuse. When warranted, the dispatcher should give a domestic abuse incident call priority as would be given to any other life threatening call. Whenever possible, a minimum of two officers should be dispatched to the scene. During the initial call for assistance, the call-taker should ask these questions: 1. Where is the emergency? What address? What apartment number? 2. Who am I speaking to? 3. What has happened? 4. Has anyone been injured? If yes, is an ambulance needed? 5. Are you the victim? If no, are you a witness? 6. Is the suspect present? What is his/her name? Please describe tit suspect and, if not present, his/her expected whereabouts.o w 7. Are weapons involved? If yes, what kind? v 8. Is the suspect under the influence of drugs or alcohol? If ycp;..what substance? =lc-) `t' 9. Are children present? =<rn X 10.Have the police been to this address before? If yes, how IR times? Q 11.Does the victim have a current restraining order? • Communications will dispatch all pertinent information to the responding officers. As events progress through a domestic abuse incident, the dispatcher will keep the responding officer(s) apprised. The call-taker should listen for background noises that assist in evaluating the threat level (screams, shouts, threats, breaking glass, and furniture). These sounds will raise the potential danger level and can help to provide the probable cause required if criminal charges are filed. During the dispatching process, the dispatcher should initiate a check to determine the existence of no-contact orders (both civil and criminal), and notify the officer(s) of the results. Meanwhile, the call-taker should continue to OPS-14.5 reassure the victim/caller that assistance is en route. Remaining on the line with the caller is preferential; if the victim/caller chooses to hang-up; this shall not influence the response affected. If the hang-up was voluntary, a callback should be made to inquire whether the victim/caller can be located by officers upon their arrival. Likewise, if the caller states that officers are no longer needed, the call- for-service will continue to proceed, and under no circumstances will a domestic call-for-service be cancelled. 9-1-1 calls and calls for assistance or/calls received on the routine line should be preserved for any possible prosecution. Requests for 9-1-1 recordings to be preserved will be made through the Communications Center supervisor by the domestic abuse investigator and/or evidence custodian. If based on the information provided, the call-taker reasonably determines that a call is a domestic, it will be classified as a domestic. Once a call is classified as a domestic, the call shall not be reclassified except as follows; If the officer determines that the relationship does not meet the criteria of a domestic relationship an on-duty watch supervisor may have the incident reclassified. If the incident is reclassified to a non-mandatory report incident, the supervisor will determine if the officer will complete an incident report. In instances where a call is classified as something other than a domestic, and the call is in fact a domestic, the officer may reclassify the call as a domestic. B. OFFICER APPROACHING THE SCENE 1. Domestics are a high priority call. Officers will respond immediately with due consideration of the information available and coordinate their approach if two one-unit crews respond. 2. Remain in contact with the dispatcher, requesting assistance, (see "Communications" section above) information and updates as needed. If protective orders are in force, then verification and clarification should be obtained from the county sheriffs department. (See "protective orders" section below.) 3. Remain alert for suspect leaving the scene. • o� C. OFFICER RESPONSIBILITY AT THE SCENE >--+ -- When officers respond to a call for assistance at the scene of a cRgstiecobur6 incident, they shall: :<rn - M "cal 72 a CD 1. Approach the scene safely, and in an alert manner. .: 2. Identify yourself and give an explanation of your presencetequgt entry into the home when conditions permit. When permission is freely and voluntarily given by either party, a search of the premises may occur. 3. When entry is refused, exercise persistence in gaining entry based on the request for assistance received by the department. Request communications re-establish contact with the complainant, if it has been lost, and reassess the situation. If entry continues to be refused, contact the watch commander/supervisor for further guidance if circumstances permit. OPS-14.6 4. Forced entry may be allowed when probable cause exists to suspect that a felony is occurring, has just occurred, or that a life is in danger. In evaluating the need for forced entry, the officer (s) must consider the degree of urgency versus requesting a warrant, the possibility of danger, whether the suspected offense involved violence and whether the belief exists that persons may be armed. (See exigent circumstances analysis in Use of Force G/O) 5. In incidents where a suspect has vacated the scene, and probable cause exists for an arrest, a complaint and affidavit shall be prepared immediately, and forwarded to a judge for a request for issuance of an arrest warrant. However, an officer may arrest a violator within the first 24 hours of an incident without a warrant. (See Iowa Code Section 236.11) 6. Restore order. 7. Take control of all weapons known to be used, or used in a threatening manner, and safely store them. (See Seizure of Weapons, Iowa Code Chapter 809.) Iowa Code Section 809.1(1)(c) defines seizable property as "... property which if not seized by the state poses an imminent danger to a person's health, safety or welfare." When weapons are seized, the officer shall notify a supervisor of the seizure prior to the officer going off duty. 8. Assess the need for medical attention, and call for assistance if warranted, and whenever requested by the victim. The officer shall assist the victim in obtaining transportation to the nearest hospital if requested. 9. Determine complainant, separating all parties if possible, including suspect, victim, children, and other witnesses. 10.Interview all parties. If necessary, reasonable efforts should be made to obtain a translator. 11.Following interviews, a conference of the responding officers should occur, if necessary, with the goal of arriving at a consensus for determining whether to arrest. Apply appropriate Chapter 236, Domestic Abuse criteria in making the decision to arrest. If consensus or a determination is not made, a supervisor shall be called to assist. When an officer is solo in responding, they may confer with a supervisor as needed. Identifying the primary aggressor is necessary, as persons acting in self-defense are exempt from this mandatory arrest. 12.If probable cause exists, arrest the suspect. Read suspect Miranda rights. Place individual in custody. Field release or issuing of citations are not allowed in the event domestic abuse has occurred. This applies to either/ both arrest for domestic abuse, related charges and / or violations of protective orders. If possible, immediately transport suspect to jail. Factors that tend to support a finding of probable cause for arrest include: physical injuries (including bruises or cuts); disheveled clothing or furniture; a victim's credible statements or visible fear; credible statients of witnesses, including children; and previous calls to the h.:7.- If`t' probable cause exists, an arrest shall be made, regardless • 1111- sed 11 wishes of the victim or the apparent use of alcohol or drugsitheu the victim or abuser. '-+ 'O I 13.If a child is present during an incident of domestic assault i�1'-Cr'r ich rn charges are filed, a mandatory report shall be made to the l Xrtrnt of x- N OPS-14.7 Human Services. Any time a companion charge of"Child Endangerment" is made, Department of Human Services must be contacted. Notification shall include contacting DHS by phone prior to the end of the watch and forwarding copies of the written report. Reports should include names and DOB of all children present as well as an account of where they were at time of assault, what they saw, and/or heard. 14.Collect and record evidence, including torn clothing, broken objects, etc. 15.Photograph the following: a. Victim in a full body picture (front and back). b. Victim's specific injury(s). c. Children. d. Scene, including broken objects, weapons, general disarray, etc. e. If possible, the suspect's full body and any injuries, in addition to the mug shot. f. When photos are taken at a domestic incident, the evidence sheet should be marked as a domestic along with the incident number being noted g. When the property manager receives photos from a domestic incident, they shall be forwarded to the domestic abuse investigator. 16.When an arrest causes a child(ren) to be without responsible adult supervision, Department of Human Services shall be contacted immediately. Officers are responsible for the care of children until such time they are relieved of this obligation by DHS. 17.Upon filling out the complaint, the officer will also complete the victim section of the incident report, making sure to include name, address, DOB, SS#, sex and race. A photocopy of the incident report containing this information will be attached to the complaint. w D. ENFORCEMENT OF COURT PROTECTION ORDERS *c, c Ifl --r r. Violation of a valid court order shall be enforced in the same mangiindmith the same vigor as violations of statutory law. When encountering pqnti4courn order violations in domestic violence or other contexts, officers shglolloEtheso procedures. > �• ru 1. In cases of domestic violence, officers shall use all reasonable means to quell open conflict, protect the victim(s) and enforce the law as applicable in procedures set forth in this policy on domestic violence. 2. The officer shall verify the existence of the order and its provisions by requesting the dispatcher check with the Sheriff's Department in the county where the order was issued and, if available, by examining any copies of the order the victim may provide. 3. Arrest of the offender is the preferred agency response if probable cause for an arrest exists, whether or not the victim wishes to file a complaint. 4. If a person is suspected of domestic assault or violating a no contact order, the investigating officer shall run a criminal history on the suspect and check for any prior convictions of domestic assault or violation of a no contact order (allows for enhanced penalties). OPS-14.8 E. WRITTEN REPORTING Written reports should be factual, specific and clear so as to present an accurate portrayal of the domestic abuse incident. Written documentation that will be made as a result of a domestic abuse arrest are the complaint and affidavit, a supplementary information report narrative, Iowa City Police Incident Report Form, and the Domestic Abuse Reporting Form. All officers present at a domestic shall complete a report including narrative detailing their observations. In instances where there is a no locate, or the call was incorrectly classified as a domestic, the primary officer shall complete a report detailing the circumstances and identifying the correct call classification. All reports involving a domestic or originally classified as a domestic, or involving the violation of a domestic abuse no contact order shall be forwarded to the Department's domestic abuse investigator. Reports will, at a minimum, contain narratives which will include the following information: 1. Full names of parties involved, including dates of birth of the suspect and victim 2. Address and phone numbers for the victim, witnesses and those present, including the address and phone number of the location where the victim will be staying 3. Reports should include names and DOB of all children present as well as an account of where they were at time of assault, what they saw, and/or heard 4. The relationship of the victim and suspect 5. Location of the assault 6. Whether no contact orders are known to exist 7. A description of the scene 8. Weapons used 9. Whether a 9-1-1 call was received 10.Documentation of injuries of all parties injured 11.1f alcohol is involved, the result of any PBT given to the suspect and victim 12.Whether they received medical treatment 13.An indication of whether the victim was presented their rights 14.Excited utterances should be recorded in quotation marks. Other statements may be directly recorded or summarized. The demeanor, spirit and physical description of the suspect should be noted along with that of the victim 15.If the officer is aware of pending domestic charges, note that fact ighe narrative o `' 16.If the in-car or body-cam recording system was activated >; it= I If the victim was choked during the assault, an officer must complee'O "Domestic Abuse Assault Impeding Airway/Circulation Supplemeraept." m OPS-14.9 F. VICTIM RIGHTS Chapter 236.12 identifies victim rights which must be provided to the victim in writing and / or verbally. The Iowa City Police Department will routinely present the victim their rights in written and verbal form. Officers at the scene will present the victim a printed copy of their rights and request the victim sign the sheet. One copy of the form should be left with the victim and the other included with the domestic abuse supplemental report and narrative. G. FOLLOW-UP INVESTIGATIONS All domestic abuse reports shall be forwarded to the domestic abuse investigator for review. Useful information not obtained in the initial report gathering stage may require a follow-up investigation. History of domestic abuse, past requests for service with observance of frequency of occurrence noted, interview of witnesses and any other information applicable may be included. Follow-up photographs may be taken as injuries change in their appearance. Other photographs may be taken as part of the investigation; however, all photographs shall be appropriately documented. If an emergency 9-1-1 call initiated the domestic abuse response, then the domestic abuse investigator shall forward a written request to the ECO supervisor for a copy of the call to be taped and forwarded to the domestic abuse investigator. H. CONFIDENTIALITY Iowa Code Chapter 236A defines and describes issues of confidentiality specific to victim services. Victim services personnel shall be afforded courteous and respectful treatment, as they must honor the law reciprocally. I. HOSTAGE SITUATIONS As a hostage situation becomes apparent to the investigating officer, and / or ECO, the watch commander/ supervisor shall be immediately notified. Following an assessment of the circumstances, a determination shall be n)ie as to strategy for resolution of the call. Special Response Team (SST) anffor Crisis Negotiation Team (CNT) protocol and personnel may deternl hi —ii strategy. J. OFFICER TRAINING x. rn E3= 0 In addition to initial domestic abuse training at the Iowa Law Enforateffint;- Academy, the Iowa City Police Department will routinely offer trainAg in retard to domestic abuse. Training will be provided by both in-house staff, as well as utilizing outside authorities as available. OPS-14.10 K. OFFICERS CHARGED WITH DOMESTIC VIOLENCE Concerning application of Iowa Law, should a law enforcement officer be arrested for domestic abuse, they will be treated equitably as would any other citizen. Likewise, the Iowa City Police Department will adhere to the Federal Lautenberg Amendment concerning the possession of firearms should a domestic abuse conviction occur, within this jurisdiction, or any other within the United States. In responding to a domestic abuse call for assistance, should it be known that any sworn officer, of this or any other law enforcement agency, in or out-of-state, are identified as a suspect, the watch commander/ supervisor will be immediately notified. If the person arrested/suspected is not an Iowa City Police Officer, the watch supervisor will notify that officer's department. Additionally, the watch commander/ supervisor shall be notified if any other employee of the Iowa City Police Department is arrested for domestic abuse. Following any of these notifications, the appropriate division commander will be contacted. In the event that any officer or employee of the Iowa City Police Department is arrested for domestic abuse, or involved as a victim of a domestic assault, or is a suspect but not arrested for a domestic assault, appropriate referrals for services and assistance will be made. Internal Investigations will be conducted as warranted. A copy of the report on such an incident shall be forwarded to the Office of the Chief of Police. Samuel Hargadine, 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. N O w C 0 dCf " x• N LEG-02.1 IOWA CITY �� ,ow4 �� ARRESTS U - < est. i s`P POLICE Original Date of Issue General Order Number October 11, 1999 99-11 Effective Date of Reissue Section Code May 01, 2013 LEG-02 Reevaluation Date Amends June 2014 C.A.L.E.A. Reference 1.1.4, 1.2.5, 1.2.6, 1.2.7, 74.1.3, (see "INDEX AS:") 1■4 74.3.1, 74.3.2 o 4:o INDEX AS: C)-< Use of Force Arrests ;<rn n• rn Citations Discretion Po Prisoner Transport Domestic Abuse CA./ I. PURPOSE The purpose of this policy is to explain the procedures to be used when a person is arrested by members of the Iowa City Police Department. POLICY It is the policy of the Iowa City Police Department to conform with statutory and judicial requirements pertaining to arrests. The decision to arrest will be based on the facts surrounding the incident. Officers are to use the least restrictive, reasonable method to accomplish their goal. LEG-02.2 II. DEFINITIONS Iowa Code Section 804.5 is as follows: Arrest defined. Arrest is the taking of a person into custody when and in the manner authorized by law, including restraint of the person or the person's submission to custody. III. PROCEDURES ARREST WITHOUT A WARRANT Authorization to arrest is contained in section 804.7 of the Code of Iowa. A Peace Officer is authorized to make an arrest in obedience to a warrant delivered to the peace officer, and without a warrant under the following conditions: A. For a public offense committed or attempted in the peace officer's presence. B. Where a public offense has in fact been committed, and the peace officer has reasonable grounds for believing that the person to be arrested has committed it. C. Where the peace officer has reasonable grounds for believing that an indictable public offense has been committed and has reasonable grounds for believing that the person to be arrested has committed it. D. Where the peace officer has received from the department of public safety, or from any other peace officer of this state or any other state or the United States an official communication by bulletin, radio, telegraph, telephone, or otherwise, informing the peace officer that a warrant has been issued and is being held for the arrest of the person to be arrested on a designated charge. E. If the peace officer has reasonable grounds for believing that domestic,, abuse, as defined in section 236.2, has occurred and has reasonable ° grounds for believing that the person to be arrested has commit%At. 1. As required by section 236.12, subsection 2. (Domestic AbuO2Assglt Provisions) t-r-< r- e) TREATMENT OF PRISONERS ' s m In making an arrest, officers will use only that amount of force reas•"'.. 'y 0 necessary to effect the arrest. Prisoners shall be treated with apprcipriate t„3 respect. Officers shall not physically mistreat or verbally harass any individfrr'al that they have taken into custody. Medical treatment will be made available when the arrestee is injured or complains of injury or in conformity to other general orders. ARREST/CITATIONS All persons charged for simple misdemeanors should be released on a promise to appear in court at a specified date and time, unless the officer has an articulable reason for a physical arrest of the subject (Juveniles shall be handled in accordance with departmental directives pertaining to juveniles). Considerations for a custodial arrest instead of a cite and release are included in section 805.1 of the Code of Iowa. Factors to be considered by the agencies in formulating the guidelines relating to the issuance of citations for simple misdemeanors not governed by subsection 2, LEG-02.3 shall include but shall not be limited to all of the following (see 805.1(3)(b) Code of Iowa): A. Whether a person refuses or fails to produce means for a satisfactory identification. B. Whether a person refuses to sign the citation. C. Whether detention appears reasonably necessary in order to halt a continuing offense or disturbance or to prevent harm to a person or persons. D. Whether a person appears to be under the influence of intoxicants or drugs and no one is available to take custody of the person and be responsible for the person's safety. E. Whether a person has insufficient ties to the jurisdiction to assure that the person will appear or it reasonably appears that there is a substantial likelihood that the person will refuse to appear in response to a citation. F. Whether a person has previously failed to appear in response to a citation or after release on pretrial release guidelines. Additional factors to be considered relating to the issuance of citations or other offenses for which citations are authorized shall include but shall not be limited to the following concerning the person (see 805.1(3)(c) Code of Iowa): A. Place and length of residence. B. Family relationships. C. References. D. Present and past employment. E. Criminal record. F. Nature and circumstances of the alleged offense. G. Other facts relevant to the likelihood of the person's response to a citation. Even if a citation is issued, the officer may take the cited person to an appropriate medical facility if it reasonably appears that the person needs medical care. All persons arrested for simple misdemeanor traffic offenses should be released on a uniform traffic citation, scheduled to appear in court on a specified date and time, unless the officer has an articulable reason for the physical detention instead of a traffic citation. INDICTABLE ARRESTS Persons charged with a serious misdemeanor or above, shall be arrested and transported to the Johnson County Jail, unless a supervisor approves of other arrangements. For exceptions, refer to Appendix I. The transport of prison shall comply with departmental directives pertaining to prisoner tranaport. Z;, TURN IN PROCESS > '` —••. When arrangements have been made for a subject to turn him/hersesfe9 atis f" later date, the charging officer shall: r<m rn A. Notify the Station Master of the date and time that the person win him/herself in; *x B. Advise the Station Master of the location of the charge(s); W LEG-02.4 • C. Fill out an arrest report as completely as possible and leave it with the charge(s). The arresting officer will advise the subject of the charge(s) against him/her and transport him/her to the Johnson County Jail. The arresting officer shall complete the arrest report and check for any unserved warrants. They shall also record the name of the receiving officer on the arrest report. ARREST WITH A WARRANT Authority to arrest persons with a warrant is contained in Chapter 804 of the Code of Iowa. Section 804.6 of the Code of Iowa is as follows: Persons authorized to make an arrest. An arrest pursuant to a warrant shall be made only by a peace officer; in other cases, an arrest may be made by a peace officer or by a private person as provided in this chapter. Section 804.7(4) of the Code of Iowa authorizes arrests by a peace officer with a warrant. It is as follows: Where the peace officer has received from the department of public safety, or from any other peace officer of this state or any other state or the United States an official communication by bulletin, radio, telegraph, telephone, or otherwise, informing the peace officer that a warrant has been issued and is being held for the arrest of the person to be arrested on a designated charge. SERVICE OF ARREST WARRANTS A. When possible, the Department will attempt to serve a warrant within thirty (30) days of a warrant being received. B. Prior to the service of the warrant an assessment of the risk factors ac defined in the SRT policies and procedure manual shall be ma ) —n C. Warrants will be prioritized as follow: D.-4 r— ..... 1. Warrants for persons known to be violent or potentially dangaTT&us.k6 r 2. Felony warrants; f— rn 3. Warrants for indictable offenses; 4. Non-violent misdemeanor warrants. e D. The officer serving the warrant shall confirm that the warrant is till actilae and the pickup limits of the warrant, prior to service of the warrant. UD E. All warrants shall be served by sworn officers. F. At least two (2) officers should be present when serving an arrest warrant. G. Officers shall activate their in-car or body-cam recording device when serving the warrant. H. Officers shall notify JECC of the pending action and its location. As appropriate other officers may be notified of the activity. I. When notified by another agency that it will be serving a warrant in Iowa City, a supervisor may send officers to assist in the serving of the warrant. J. Upon arresting a subject on a warrant, the officer will transport the subject to the Johnson County Jail unless otherwise specified. LEG-02.5 K. Prior to serving a warrant outside the corporate limits of Iowa City, the officer shall: 1. Obtain the permission of a watch supervisor; 2. Advise the JECC of the action; 3. Contact the local agency with jurisdiction and request the presence of a local officer during the arrest. USE OF FORCE IN MAKING AN ARREST Section 804.8 of the Code of Iowa defines the limits of the force, which may be used when making an arrest. In addition, members of the Iowa City Police Department shall be guided by departmental Use of Force directives when executing an arrest. 804.8 is as follows: USE OF FORCE BY PEACE OFFICER MAKING AN ARREST_ A peace officer, while making a lawful arrest, is justified in the use of any force, which the peace officer reasonably believes to be necessary to effect the arrest or to defend any person from bodily harm while making the arrest. However, the use of deadly force is only justified when a person cannot be captured any other way and either: A. The person has used or threatened to use deadly force in committing a felony or B. The peace officer reasonably believes the person would use deadly force against any person unless immediately apprehended. A peace officer making an arrest pursuant to an invalid warrant is justified in the use of any force which the peace officer would be justified in using if the warrant were valid, unless the peace officer knows that the warrant is invalid. DISCRETION The Iowa City Police Department recognizes that there are often alternatives to a custodial arrest. Since it is impossible to anticipate every such circumstance in which action should be taken, it shall be left to the officer at the scene to determine the degree of intervention necessary. When making an arrest, officers should use the least restrictive form necessary to obtain the desired objective. A. It is unrealistic to expect officers to enforce all laws and ordinances, regardless of the circumstances encountered. Officers must make the decision to arrest, cite, warn, or use other alternatives, based on applicable law, circumstances of the particular incident and directives from supervisors. B. Members of this department shall always act in accordance with the law and departmental rules and regulations. When discretion is employed it must be reasonable, defensible, and used to accomplish a police purpose. m El= mg CAI LEG-02.6 Samuel Hargadine, 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. N > MEMO --{� rt1 =ern s 0 LEG-02.7 • APPENDIX I Officers may encounter persons who are at times granted exemptions to laws. When encountering these situations officers may follow these guidelines or if still unsure of the appropriate action, should contact a watch supervisor for further guidance. Legislators are granted limited immunity from prosecution under Article 3 of the Iowa Constitution which states "Privileged from arrest. SEC. 11. Senators and representatives, in all cases, except treason, felony, or breach of the peace, shall be privileged from arrest during the session of the general assembly, and in going to and returning from the same." Members of the National Guard are regulated under chapter 29A.41 of the code of Iowa. The code states," A member of the national guard shall not be arrested, or served with a summons, order, warrant or other civil process after having been ordered to any duty, or while going to, attending, or returning from, any place to which the officer or enlisted person is required to go for military duty. This section does not prevent the officer's or enlisted person's arrest by order of a military officer or for a felony or breach of the peace committed while not in the actual performance of the officer's or enlisted person's duty. The articles of equipment personally owned by such members are exempt from seizure or sale for debt." Other members of the military, including members of the Army, Air Force, Navy, Marine Corps, Coast Guard, and reservists who are on active duties are likewise granted limited protection. When an occasion arises that requires the issuance of a traffic citation, a physical arrest or investigation of a motor vehicle crash involving a member of the armed services who is operating under conditions which offer this limited protection, the officer will notify a watch supervisor of the circumstance surrounding the incident. The watch supervisor will contact the office of the commanding officer of the military member involved and advise them of the incident. Foreign diplomats and consular officials may be granted immunity. In these cases the officer should advise the person of the nature of the stop and make a determination as to if the person is able to safely continue on their way. In instances where the ability of the operator of the vehicle is in doubt the officer should take steps to insure the person safely gets to their destination. These steps may include but are not limited to; locating another driver, contacting a cab, or contacting the consulate of the person involved or the United States Department of State for further assistance. Foreign nationals are subject to the laws of the State of Iowa, however there may be consular notification requirements. If a foreign national is stopped for a traffic violation, or is involved in a motor vehicle crash which requires no special investigation, there are no notification requirements. If a foreign national is physically arrested or detainefor a substantial period of time there may be notification requirements. In thesE circumstances, refer to the Consular Notification and Access publication I VaS isr aln available on-line at the U.S. State Department's web site. n„4 r""' •••••., CS= 3 rn LEG-03.1 IOWA CITY FIELD ° `°�9 INTERVIEWS AND *\.—."* "PAT-DOWN" f3.T 1 b55 POLICE SEARCHES Original Date of Issue General Order Number r...3 January 10, 2001 99-12 w Effective Date of Reissue Section Code >---1 rte- April 06, 2013 LEG-03 52"-( ..fir Reevaluation Date Amends ®. r) May 2014 (reissued without change) '`' .: ,� C.A.L.E.A. Reference 1.2.3, 1.2.4 (see "INDEX AS:") INDEX AS: Field Interviews Field Information (FI) Cards Pat-Down Searches Searches I. PURPOSE The purpose of this policy is to assist officers in determining when field interviews and pat-down searches are warranted and the manner in which they shall be conducted. II. POLICY The field interview is an important point of contact for officers in preventing and investigating criminal activity. But even when conducted with respect for involved citizens and in strict conformance with the law, it can be perceived by some as a means of police harassment or intimidation conducted in a discriminatory manner against groups or individuals. In order to maintain the effectiveness and legitimacy of this practice and to protect the safety of officers in approaching suspicious individuals, members of the Iowa City Police Department shall conduct field interviews and perform pat-down searches in conformance with procedures set forth in this policy. LEG-03.2 III. DEFINITIONS A. Field interview: The brief detainment of an individual, whether on foot or in a vehicle, based on reasonable suspicion for the purposes of determining the individual's identity and resolving the officer's suspicions. B. Pat-Down Search: A "frisk" or external feeling of the outer garments of an individual for weapons only. C. Reasonable Suspicion: Articulable facts that, within the totality of the circumstances, lead an officer to reasonably suspect that criminal activity has been, is being or is about to be committed. IV. PROCEDURES A. FIELD INTERVIEWS 1. Justification for conducting a Field Interview - Officers may stop individuals for the purpose of conducting a field interview only where reasonable suspicion is present. Reasonable suspicion must be more than a hunch or feeling, but need not meet the test for probable cause sufficient to make an arrest. In justifying the stop, the officer must be able to point to specific facts that, when taken together with rational inferences, reasonably warrant the stop. Such facts include, but are not limited to: a. The appearance or demeanor of an individual suggests that he/she is part of a criminal enterprise or is engaged in criminal activity; b. The actions of the suspect suggest that he/she is engaged in a criminal activity; c. The hour of the day or night is inappropriate for the suspect's p a�'tsence in the area; d. The suspect's presence in a location is inappropriate; y• e. The suspect is carrying a suspicious object; t7-< i 1"."-f. The suspect's clothing bulges in a manner that suggestssh � rn carrying a weapon; rn a g. The suspect is in proximate time and place to the allege:". es Q h. The officer has knowledge of the suspect's prior crimina'!.-cordi involvement in criminal activity. 2. Procedures for initiating a Field Interview - Based on observance of suspicious circumstances or upon information from investigation, an officer may initiate the stop of a suspect if he/she has an articulable, reasonable suspicion to do so. The following guidelines shall apply when making an authorized stop to conduct a field interview. a. When approaching the suspect, the officer shall clearly identify him/herself as a member of the Iowa City Police Department, and if not in uniform, the officer shall announce his/her identity and display departmental identification. LEG-03.3 b. Officers shall be courteous at all times during the contact but maintain caution and vigilance for furtive movements to retrieve weapons, conceal or discard contraband, or other suspicious actions. c. Before approaching more than one suspect, individual officers should determine whether the circumstances warrant a request for backup assistance and whether the contact can and should be delayed until such assistance arrives. d. Officers shall confine their questions to those concerning the suspect's identity, place of residence and other inquiries necessary to resolve the officer's suspicions. However, in no instance shall an officer detain a suspect longer than is reasonably necessary to make these limited inquiries. e. Officers are not required to give suspects "Miranda" warnings in order to conduct field interviews unless the person is in custody and about to be interrogated. f. Suspects are not required, nor can they be compelled, to answer any questions posed during field interviews. Failure to respond to an officer's inquiries is not, in and of itself, sufficient grounds to make an arrest although it may provide sufficient justification for additional observation and investigation. 3. Reporting - If after conducting a field interview there is no basis for making an arrest, the officer should record the facts of the interview on the departmental FIELD INFORMATION CARD (FI card) and write the incident number on the Fl card. Field Information Cards should be submitted to the Records Division. Upon entry of basic information from the Fl card into the records system (name, address and telephone number) as well as information regarding the purpose for the field interview, Records shall forward the original Fl cards to the Lieutenant of Investigations. This function may also be accomplished by the usaf warning citations. o �' >7.4 r— B. PAT-DOWN SEARCHES c"-< i `"- _-� 1. Justification for conducting Pat-Down Searches: An officer_ th ightill perform a pat-down search of the outer garments of a sus or-- 0 weapons if he/she has been legitimately stopped with reas cable •• suspicion and only when the officer has a reasonable fear for his/ar own or another person's safety. Clearly, not every field interview poses sufficient justification for conducting a pat-down search. Following are some criteria that may form the basis for establishing justification for performing a pat-down search. Officers should note that these factors are not all-inclusive; there are other factors that could or should be considered. The existence of more than one of these factors may be required in order to support reasonable suspicion for the search. a. The type of crime suspected - particularly in crimes of violence where the use or threat of deadly weapons is involved. b. Where more than one suspect must be handled by a single officer. c. The hour of the day and the location where the stop takes place. LEG-03.4 d. Prior knowledge of the suspect's use of force and/or propensity to carry weapons. e. The appearance and demeanor of the suspect. f. Visual indications that suggest that the suspect is carrying weapon. 2. Procedures for performing a Pat-Down Search a. When reasonable suspicion exists to perform a pat-down search, it should be performed with due caution, restraint and sensitivity. These searches are only justifiable and shall only be performed to protect the safety of officers and others and may never be used to harass individuals or groups of individuals or as a pretext for obtaining evidence. Under these circumstances, pat-down searches should be conducted in the following manner. 1) When possible, pat-down searches should be conducted in the presence of a second officer who provides protective cover. 2) Because pat-down searches are cursory in nature, they should be performed with the suspect in a standing position. Should a weapon be visually observed, a more secure search position may be used. 3) In a pat-down search, officers are permitted only to feel the outer clothing of the suspect. Officers may not place their hands in pockets unless they feel an object that could reasonably be a weapon. 4) If the suspect is carrying an object such as a handbag, suitcase, briefcase, backpack, book bag or any other item that may conceal a weapon, the officer should not open the item but instead place it out of the suspect's reach. 5) If the external feeling of the suspect's clothing fails to disclose evidence of a weapon, no further search may be made. If evidence of a weapon is present, an officer may retrieve that item only. If the item is a weapon the possession of which is a crime, the officer may make an arrest of the suspect and complete a full-custody search of the suspect. b. It is emphasized that none of these requirements preclude officers from requesting consent from the individual for a more thorough search, i.e.: backpacks, bags etc. 3. If during the course of an authorized pat-down search of an individual, an officer comes upon an item that the officer readily recognizes through his/her experience and training is probably contraband, the officer may remove the item from the suspects clothing. If upon further examination the seized item is of a nature for which the possession of is crime, e officer may make an arrest of the suspect and complete a fa$-custy all of the suspect. crt I rim" :<Fri 34 r LEG-03.5 Samuel Hargadine, 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. N 0 f� n � �c-) 7:4rn ft1 OPS-15.1 IOWA CITY �Fwii, LESS LETHAL s ,, IMPACT Fs, ,sfp MUNITIONS POLICE Original Date of Issue General Order Number MAY 12, 2000 00-03 Effective Date of Reissue Section Code April 10, 2012 OPS-15 Reevaluation Date Amends/Cancels May 2013 N A C.A.L.E.A. Reference 6 w 1.3.4, 1.3.5, 1.3.9, 1.3.11 y� rF. =tcz to INDEX AS: 'ern a Use of Force Use of Force Matrix * , .: Q Less Lethal > 4.. N) I. PURPOSE The purpose of this order is to identify the conditions under which officers may deploy and use less lethal impact munitions. II. POLICY The Iowa City Police Department places the highest of value on human life. The department is authorized and trained in the use and deployment of less lethal munitions. Less lethal munitions is a concept of planning and force application, which meets operational objectives, with less potential for causing death or serious physical injury than conventional police tactics/equipment. OPS-15.2 III. DEFINITIONS A. Iowa Code, Chapter 704.2 defines less lethal munitions as: "projectiles which are designed to stun, temporarily incapacitate, or cause temporary discomfort to a person without penetrating the person's body." B. Kinetic Energy Impact Projectiles - Flexible or non-flexible projectiles (E.g. "beanbags"), which are intended to incapacitate a subject with minimal potential for causing death or serious physical injury, when compared to "conventional" rounds. IV. PROCEDURES FOR USE Less Lethal Extended Range Impact Weapons EVALUATION OF LESS LETHAL PROJECTILES FOR USE Kinetic energy impact projectiles will be evaluated for use on the following criteria: A. Accuracy 1. This is the primary consideration, since proper shot pla:Iment--greattI assists in controlling the other two evaluation criteria. 2. This will be evaluated based on the anticipated ranges of dpQIymeint. 3. The minimal standard of accuracy of such a round is: =K.) �D a. 12 - inch group at 15 yards for the 12-gauge system. 3'hForoap shy consist of 3 rounds. 379 B. Effectiveness rev 1. This is the potential for the round to cause incapacitation and reduce the subject's ability to continue their inappropriate behavior. 2. The level of energy necessary to cause incapacitation creates the potential for injury, but when properly deployed, use should result in a low probability for causing serious physical injury or death. C. Potential for causing death or serious physical injury 1. The potential for causing death or serious physical injury with such projectiles is a reality. This potential is greatly reduced when impacts to the head, neck and chest are avoided, and when appropriate medical examination is provided in cases where the subject is struck in an area that might conceal a closed injury. (including such areas as the chest, back, thoracic and abdominal cavities and groin) 2. When engaging a subject, the officer shall evaluate the effectiveness of each round after each shot. Compliance and/or incapacitation are the desired goal, and alternative target areas/response should be considered when rounds are not effective. Alternative target area/response considerations will be based on the circumstances the officer is encountering. OPS-15.3 TARGET AREAS A. Less Lethal projectiles shall be delivered to suspect target areas based on the circumstances of the situation and the level of force authorized. The deployment of less lethal projectiles shall be in conformance with departmental training guidelines pertaining to recommended target areas. B. Head/Neck and Chest - Intentional impacts to these areas should be avoided unless the use of deadly force is justified, necessary and appropriate. USE OF FORCE CONTINUUM The Iowa City Police Department recognizes five levels of force in the adopted Use of Force model. The use of less lethal impact projectiles are considered a level IV response (subject is assaultive), when deployed to areas of the subject's body that are considered unlikely to cause serious physical injury. In addition, less lethal projectiles may be used when a person is threatening death or serious injury to themselves. The use of these projectiles is recognized as a level V, Deadly Force, if intentionally deployed or directed at the head or neck. When assessing the appropriate use of force level, prior to the transition to less lethal projectiles, the officer shall consider in addition to other factors: A. The level of force being confronted. B. The proximity/access of the subject to the officer or others. DEPLOYMENT TECHNIQUES Weapons used for the deployment of less lethal munitions shall be dedicated for that purpose. These weapons shall be clearly marked. The use of other than less lethal rounds in these weapons is prohibited unless necessary to protect the life of the public or officer. When deploying less lethal munitions, the following procedures should be adhered to: A. Less lethal munitions should not be used at a distance of less than 15 feet (5 yards) from the target. With this in mind, the greater the distance, the less the accuracy. B. When practical, other officers involved in an incident in whi5sZethal.,4 munitions are deployed should be advised of the deploymer { iiorR the discharge of the weapon. `h r-• -fitrn" M A N OPS-15.4 C. During the deployment of less lethal munitions, the officer in charge of the incident should constantly evaluate the option selected against changing circumstances. D. When practical, multiple tactics should be used to overwhelm the suspect. I.e. less lethal may be used in conjunction with a distraction device or chemical agent. E. A weapon loaded with less lethal munitions shall be treated with the same care and caution as weapons loaded with "lethal" munitions. F. Less lethal projectiles should not be employed without a cover officer with lethal munitions being assigned as a escort. If it is believed the subject is carrying a firearm, less lethal shall not be deployed without the use of a cover officer with lethal munitions. Officers shall only deploy those less lethal munitions which are provided by the department. The deployment of less lethal munitions shall only be performed by those officers trained and showing proficiency in their deployment. HANDLING OF INJURED SUBJECTS Suspects who are struck by less lethal projectiles shall be secured and transported to a medical facility for examination and treatment. If a projectile strikes a bystander, medical personnel shall be summoned to the scene, and the subject shall be encouraged to seek examination at a medical facility. REPORTING AND INVESTIGATION Officers shall complete a departmental Use of Force Report, in addition to any other applicable reporting requirements, after deploying less lethal projectiles. This includes those situations where the weapon is removed from the vehicle and not discharged. An investigation shall be conducted into any situation involving the firing of a less lethal projectile at a suspect. The investigation shall comply with deptajtmental reporting directives contained in General Order 99-05, Use of Fo. e. CD Cra CI M TRAINING D--4 Officers shall be provided training in the use and deployment of tAPepartme less lethal munitions prior to being allowed to deploy the weapons. n a an basis, officers will receive refresher training in the use and de.!3"• • et=of I lethal munitions. N OPS-15.5 Samuel Hargadine, 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. N o CAS f 744, r o = xr.. cv LEG-05.1 / IOWA C1T\ OFF-DUTY o 4l°�� CONDUCT: toU <* , ts * POWERS OF POLICE ARREST Original Date of Issue General Order Number July 21, 2000 00-05 q Effective Date of Reissue Section Code o� ' ' April 06, 2013 LEG-05 r t-)-C I`a r" Reevaluation Date Amends --ice May 2014 (typographical changes only rn rn C.A.L.E.A. Reference x' .A- 1.2.5, 1.2.6, 1.2.7 (see "INDEX AS:") ° INDEX AS: Use of Force Weapons Arrests I. PURPOSE The purpose of this policy is to provide guidelines to police officers regarding acceptable criteria for affecting an off-duty arrest. II. POLICY Off-duty officers are often faced with situations involving criminal conduct that they are neither equipped for nor prepared to handle in the same manner as if they were on duty. This may lead to unnecessary injuries to off-duty officers, and confusion for those on-duty officers arriving at the scene. In order to promote safety and efficiency, it is the policy of the Iowa City Police Department to determine and regulate those situations and locations within which a sworn member is permitted to affect an arrest while off- duty. LEG-05.2 III. DEFINITIONS Personally involved: An officer is deemed personally involved where the off-duty officer, a family member, or a friend becomes engaged in a dispute or incident involving a personal matter with the person to be arrested or any other person connected with the incident. This policy specifically cautions off-duty officers from using their designation as a police officer in situations where they are personally involved. Officers should remove themselves from any involvement in such a situation and immediately contact on-duty personnel to handle. IV. PROCEDURES Liability Protection Officers of the Iowa City Police Department have liability protection for the on and off-duty performance of official duties. This protection does not extend to acts intended to cause injury or damage, to willful or wanton acts or omissions, or to those actions that the officer knew, or reasonably should have known, were in conflict with the law or established policies of the Iowa City Police Department. Permitted Off-Duty Arrests When off-duty and within the legal jurisdiction of the City of Iowa City, an officer may make an arrest only when: 1. There is an immediate need to prevent a crime or apprehend a suspect; and 2. The crime would require a full custodial arrest; and °— 3. The arresting officer has in his/her possession, appropriate polid' _1 r- identification. r 4. The officer is not personally involved in the incident underlying tTreakor M the opportunity and/or means to have on-duty officers safely rest al= 0 handle were not reasonable. .r- Off-Duty Responsibilities 1. While off-duty, the police officer is responsible for immediately reporting any suspected or observed criminal activity, qualifying a serious misdemeanor or higher, to on-duty personnel. 2. Despite the fact that a police officer has police powers 24 hours a day throughout the jurisdiction, except as allowed by this policy, off-duty officers should not enforce minor violations such as disorderly conduct, public intoxication, minor traffic violations or other nuisance offenses. On-duty personnel should be contacted to respond to the situation where an off-duty officer becomes aware of such violations and believes police intervention is necessary. LEG-05.3 3. Where an arrest is necessary, the off-duty-arresting officer shall abide by all departmental policies and procedures. A. Prohibited Off-Duty Arrests: When off-duty, an officer shall not make an arrest: 1. When the arresting officer is personally involved in the incident underlying the arrest and the handling by on-duty personnel is reasonable or 2. When engaged in off-duty employment of a non-police nature, and the officer's actions are only in furtherance of the interests of the private employer. E. Carrying of Weapons Officers are prohibited from carrying off-duty weapons when the officer has consumed alcoholic or intoxicating beverages. a. Officers are prohibited from carrying off-duty weapons when they expect to consume any alcoholic or intoxicating beverage regardless of amount. b. If an officer decides to consume an alcoholic or intoxicating beverage, he/she shall secure their weapon in a securable area off the premises in which the alcohol is going to be consumed. If the officer is at his/her personal residence, he/she shall secure all department issued and department approved weapons prior to consuming alcohol. F. Review of Off-Duty Arrests Any officer conducting an off-duty arrest shall complete a report detailing the circumstances surrounding the arrest. This report shall include the name of the suspect, witnesses and other involved parties. This report shall be submitted to the on-duty watch commander, at the time of the incident, with a copy being forwarded to the Watch Commander of the officer initiating the arrest for review. Samuel Hargadine, 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 tl tgd-party claims. Violations of this directive will only form the basis fc5 depElmental administrative sanctions. *n t-- 11 -�C) Uo re n ; SER-05.1 IOWA CITY , top.„ o q D - - WEAPONS c * * '''s r. 1159 POLICE Original Date of Issue General Order Number October 4, 2000 00-08 Effective Date of Reissue Section Code April 10, 2012 SER-05 Q w Reevaluation Date Amends/Cancels *c.) c— -.11 May 2013 �� r C.A.L.E.A. 1.2.2, Reference :<m (fl 1.3.4,1.3.9-11, 22.2.7, 33.1.5, 33.4.1 Use of Force / Training a= - 0 INDEX AS: w Firearms Use of Force Munitions Less Lethal Off-duty weapons Training Weapons Field Training Special Response Team Conducted Energy Devices I. PURPOSE The purpose of this order is to identify those positions responsible for training officers in the use of various types of weapons and the minimum requirements for officers to carry certain weapons. In addition this order identifies minimum specifications handguns and munitions must meet to be authorized by the Iowa City Police Department. II. POLICY It is the policy of the Iowa City Police Department to equip its officers with weapons and ammunition which are safe and reliable. Members of the Department shall only use weapons and ammunition authorized by the Department in the performance of their duties. It also the policy of the Department to require officers to demonstrate at least annually, proficiency in the use of all firearms, and intermediate weapons utilized under color of official duty. The Iowa City Police Department recognizes that combative, armed and/or violent subjects create handling and control problems requiring special training and equipment. SER-05.2 III. DEFINITIONS Lead Range Officer - A sworn member who has received specialized training in the instruction of firearms training and activities (firearms instructor school). The Lead Range Officer shall be responsible for the development and coordination of firearms training, courses of fire, recommendations for firearms, targets, range safety issues and all supplies needed for the operation of the firing range and duty use. The Lead Range Officer shall ensure that firearm maintenance and repair issues are referred to an armorer. Range Instructor - A member who has received specialized training in the instruction of firearms training and activities (firearms instructor school) and recommended by the Lead Range Officer, Training Officer and approved by the Chief of Police or designee. Range Instructors assist the Lead Range Officer in the development and coordination of firearms training, courses of fire, targets, range safety issues and all supplies needed for the operation of the firing range and duty use. Armorer - A member who has received specialized training to provide firearms manufacturer's authorized maintenance and repair for authorized firearms. The armorer must be recommended by the Lead Range Officer, Training Officer and approved by the Chief of Police or designee. The written approval shall specify which firearms the armorer is authorized to maintain and repair. Departmental issued handgun - Handgun issued to the officer by the department and which the officer shall carry when on duty. Any exceptions require the approval of the Chief of Police or designee. Department issued shotgun - Shotgun provided by the department for deployment in tactical situations. "Less Lethal" Shotgun -A clearly marked, department issued shotgun specifically for the deployment/use of "less lethal" munitions (e.g. bean socks and conductive energy munitions). Less lethal shotguns are the only authorized methods of delivery for these types of shotgun-fired munitions. Less lethal shotguns shall not be used to fire tradition shotgun ammunition (shot, buckshot, or slugs). Long-gun - Any firearm other than a handgun. Includes all shotguns and rifles regardless of application. Authorized Automatic Weapon - Any department issued automatic weapon wIh the officer has met approved levels of proficiency in firearms qualification training. as c, Projectile Launcher - Any department issued launcher with which the c Fcgr i1 me approved levels of proficiency in firearms or less lethal qualification trainir < I I.-- ..0r Less Lethal Philosophy - A concept of planning and force applicatioraiicgthee + operational objectives, with less potential for causing death or serinjie thiD conventional police tactics. SER-05.3 Subject- The person who is the focus of the police operation. Official color of duty - Any action taken by a sworn officer whether on or off duty pursuant to his/her status or authority as a police officer and within the scope of their duties. Defensive Tactics Instructor - Sworn officer who has received specialized training in the instruction of defensive tactics. Baton Instructor - Sworn officer who has received specialized training in the instruction of department issued impact weapons. Less Lethal Munitions Instructor - Sworn officer who has received specialized training in the instruction of department issued less lethal munitions. Department issued impact weapons - The department issued impact weapons will consist of the collapsible straight baton or the 36" straight baton. Any deviation shall be approved by the Chief of Police or designee. Personally owned weapons - Any weapons not purchased and owned by the department. Personally owned weapons shall not be worn or carried on duty as a primary weapon. Conducted Energy Device Instructor — Sworn officer who has receke.d sp falized training in the instruction of department issued conducted energy devicee_ , c_ IV. PROCEDURES n"< =in A. GENERAL FIREARMS REQUIREMENTS `-�� arc ill 1. All on-duty sworn personnel, whether in uniform or non-u:8frn,iall armed with a departmentally issued duty handgun. ?' c- a. Exceptions - i. Officers operating in a status where possession of a firearm would endanger the officer or the operation in which they are participating. ii. Where there is a need to or requirement that officers secure their weapon prior to entering a secured area. I.e. courtroom, correctional facilities or psychiatric wings of hospitals. iii. Officers with non-uniform administrative assignments while performing that assignment. iv. Officers on "light duty" will carry weapons based on limitations as provided by a physician. 2. Prior to initial issuance, weapons shall be reviewed, inspected and approved. On an on-going basis, qualified instructors or armorers shall conduct inspections of individual weapons. The date of the inspection and name of the inspector shall be recorded and forwarded to the Lead Range Officer, Training Officer or SRT supervisor, as appropriate. a. If a weapon is determined to be unsafe, the instructor or armorer shall remove it from use pending repair, record the malfunction, cause repair SER-05.4 to be made, and provide a replacement to the employee as soon as practical. 3. Non-uniformed on-duty officers carrying a firearm in an unconcealed manner must be readily identifiable as a police officer by wearing their badge adjacent to the weapon. 4. Whether on or off-duty, officers shall carry their police identification while armed. a. Exceptions i. When participating in recreational shooting events. ii. When the possession of police identification would endanger the officer, or operation in which he/she is participating. iii. When in the department issued uniform, the uniform may serve as police identification. 5. The carrying of a handgun while off-duty shall be at the discretion of the officer. If the officer elects to carry a Department approved handgun off- duty, it shall be concealed from public view. An officer electing not to carry a handgun while off-duty shall not be subject to disciplinary action if an occasion should arise in which they could have taken police action were they armed. 6. Officers may carry a personal backup firearm while on duty provided the following requirements are met: a. The weapon meets the specifications for approved off-duty carry. b. The officer shall qualify with the weapon on at least an annual basis or as determined by the Lead Range Instructor. c. The officer's Watch Commander shall be advised of the make, model and serial number of the approved weapon. d. On an annual basis the weapon shall be inspected by a departmental armorer or firearm instructor. e. The weapon shall not be carried as the officer's primary weapon. f. The weapon shall not be modified after it has been approved without notification and approval of the Lead Range Instructor. g. If the weapon is discharged in the line of duty it shall be immediately surrendered to the on-duty watch supervisor. h. The Officer recognizes that the Department or City of Iowa City will in no way be liable for the damage, theft or loss of the personal weapon. i. The weapon shall only be loaded with ammunition approved by the Commanding Officer Field Operations when carried on duty. O 7. All sworn officers shall be armed with a Department approW)handgun while operating any marked police vehicle. >al F. 1 8. Department issued firearms shall only be used for departmerutgt. reb M SE R-05.5 9. All officers must meet approved levels of proficiency in firearms qualification training as set forth by the Range Officer and approved by the Chief of Police 10.While on-duty, officers shall carry their handgun fully loaded. (I.e. full chamber and magazines for semi-auto handguns and full cylinder for revolvers.) 11.Long-guns will be carried with the magazine loaded and the chamber empty, unless being used by the officer. Officers shall, as soon as practical, notify a supervisor of any long-gun deployment (i.e. removal of long-gun from vehicle/case at a call-for service). 12.Only magazines authorized by the department may be used in a firearm. 13.Officers are responsible for the safekeeping and security of all department authorized firearms in their custody. 14.When loading or unloading a firearm in the Police Department, the unloading / loading shall occur using the bullet trap provided by the department. 15.AI1 department issued firearms shall be stored, handled, and / or maintained in such a manner as to prevent the firearm from an unintended discharge. 16.AI1 department authorized weapons shall be stored consistent with Iowa Code Chapter 724.22 (7). a. It shall be unlawful for any person to store or leave a loaded firearm which is not secured by a trigger lock mechanism, placed in a securely locked box or container, or placed in some other location which a reasonable person would believe to be secure from a minor under the age of fourteen years, if such person knows or has reason to believe that a minor under the age of fourteen years is likely to gain access to the firearm without the lawful permission of the minor's parent, guardian, or person having charge of the minor, the minor lawfully gains access to the firearm without the consent of the minor's parent, guardian, or person having charge of the minor, and the minor exhibits the firearm in a public place in an unlawful manner, or uses the firearm unlawfully to cause injury or death to a person. This subsection does not apply if the minor obtains the firearm as a result of an unlawful entry by any person. A violation of this subsection is punishable as a serious misdemeanor. eV o 17.Officers shall not carry any firearm under the following circu.'•;z n a. The officer is on suspension or is directed not to do so • e ief e". Police. In 0 r' b. The officer has not successfully met proficiency and qualitRtioAlevill as set forth by the Department. 5 5 GI SER-05.6 • c. While under the influence of alcoholic beverages or medications that impair physical or mental ability. 18.Probationary officers shall carry weapons as directed by Field Training protocols. B. DISPLAY OF FIREARMS 1. Except for general maintenance, supervisory inspections, storage or authorized training, officers shall not draw or exhibit firearms unless circumstances create a reasonable suspicion that it may be necessary to lawfully use the weapon in conformance with departmental directives. 2. Unless specifically designed to be carried in this fashion, at no time shall a firearm be carried or placed in a cocked condition, except for a second or subsequent shot of a semi-auto firearm. 3. Department owned firearms shall not be carried or utilized for any non-law enforcement activity without the express written permission of the Chief of Police or designee. 4. No officer shall display or provide any weapon to a citizen to inspect, examine or otherwise handle unless authorized by the Chief of Ellice or designee. o n c- C. AUTHORIZED WEAPONS c-7..0 �,. 1. On-duty handgun, uniform duty �c� a. An approved on-duty handgun for uniform duty iseplrtm issued handgun as approved by the Chief of Police. o= b. Specifications i. Upon the effective date of this order, newly authorized handguns must be double-action only or decock only models. Single-action handguns are not authorized. ii. Minimum trigger pull weight: Factory trigger pull weight not less than five (5) pounds. iii. Barrel length: not less than 3.5 inches and not more than 6 inches. iv. Ammunition capacity: six (6) rounds minimum. v. Handguns shall be carried in department authorized holsters. 2. On-duty handgun, non-uniform duty a. An approved on-duty handgun for non-uniform duty is any department issued or personally owned departmentally approved handgun. b. Specifications i. Upon effective date of this order, newly authorized handguns must be double-action only or decock only models. Single action handguns are not authorized. ii. Minimum trigger pull weight: Factory trigger pull weight not less than five (5) pounds. iii. Barrel length: not less than 3 inches and not more than 6 inches. iv. Ammunition capacity: six round minimum. SE R-05.7 v. Handguns shall be carried in department authorized holsters unless authorized by the Commander of Field Operations. a) Exceptions: Undercover officers or officers assigned to plain clothes duty shall wear a holster or otherwise safely secure their weapon. 3. Off-duty Handguns a. An approved off-duty handgun is any department issued handgun or personally owned handgun meeting the following requirements. i. Criteria for personally owned, off-duty handguns a) .380 ACP or larger b) .45 ACP or smaller c) Annually inspected by a departmental armorer or firearms instructor. ii. Upon effective date of this order, newly authorized revolvers must be double action. Single action only revolvers are prohibited. Semi-automatics shall be carried according to manufacturer specifications. Semi-autos which are carried with the hammer in the rearward position shall be "cocked and locked" (hammer back and safety on) and carried in an approved holster. Holsters shall be approved by the Lead Range Officer or Chief of Police. iii. Minimum trigger pull weight: Factory pull weight not less than five (5) pounds. iv. Ammunition Capacity: five (5) round minimum. v. The handgun shall be concealed (This does not include transportation of the weapon to and from the officer's residence and the PD) and carried in a secure and safe manner. vi. Off duty weapons may be worn while attending court (with judge's approval) if the officer is in plain clothes and the weapon is concealed. 4. Authorized Automatic Weapons a. Specified Special Response Team (SRT) personnel may be authorized to carry a department issued automatic weapon. The member shall demonstrate proficiency for qualification as set forth by the range officer and approved by the Chief of Police. o � w 5. Authorized Shotgun y*,`-' a. An approved shotgun is any department issued shotgun.c1-< �.:.. 6. Authorized Rifle =ern a m a. Specified SRT personnel and Patrol Rifle Operators may:3autrizett, to carry a department issued rifle. The member shaOdemo strate proficiency for qualification as set forth by the range official and approved by the Chief of Police. 7. Authorized Projectile Launcher S E R-05.8 a. All officers who are assigned special weapons and ammunition shall successfully complete the applicable qualification courses and training provided by the firearms or less lethal instructor. 8. Firearms Records a. A Department Armorer or Lead Range Officer may authorize an approved type firearm (i.e. meets departmental specifications). The approving authority shall record the following information and forward it to the Lead Range Officer: i. Initial date of service ii. Description iii. Manufacturer and Caliber iv. Serial number v. Repair, service and modification history vi. Officer and date approved vii. Proficiency qualification scores and dates. a. Proficiency qualification scores/dates shall be forwarded to the Training Unit and be entered in the Departments records management system. b. The Lead Range Officer shall maintain a record for each firearm approved by the Department for use under official color of duty, and shall, at a minimum include the aforementioned information. c. A copy of the firearm record shall be provided to the Commander of Field Operations and be entered in the Departments records management system. 9. Firearms Modifications and Repairs a. All department issued and department approved personally owned firearms shall not be modified from the manufacturer's specifications, except under the following circumstances: i. All modifications or repairs shall be conducted by the manufacturer, manufacturer authorized service center, or department approved armorer. Exception: Officers may personally install a slip-on grip on their department issued or personally owned handgun. All other grip changes or modifications shall be conducted per section i. above. ii. The Lead Range Officer shall be notified in writing of all modifications or repairs and shall enter the modifications ogpairs in the Departments record management system. (1mgtatiQ,{},.� shall be kept on file with the Lead Range Officer. y� F !1 •10.Firearms Maintenance =in.. a. Officers shall maintain all firearms issued to them, or approved-r use• 1 by the Department, in proper working order. Offi& ° sl�tdl n t disassemble any Department issued firearm beyond fieOstript ing, as per the manufacturer recommendations for proper maintenarfee and cleaning. All other disassembly shall be conducted by the manufacturer, manufacturer authorized center, or department approved armorer. SER-05.9 b. Each repair or service transaction shall be documented and recorded as required in section 9. ii. above. 11.Ammunition a. Officers shall carry all department issued firearms or personally owned firearms approved for duty use loaded with department approved ammunition. This ammunition shall not be modified in any way. b. The Lead Range Officer shall be responsible for issuing all duty and training ammunition for all officers of the Department. i. All ammunition shall be produced by a major commercial manufacturer of such product. ii. All issued duty ammunition shall be rotated at least on an annual basis. iii. All issued duty and training ammunition shall be approved by the Chief of Police or designee. iv. All ammunition carried in a department approved, personally owned, off-duty firearm shall be approved by the Chief of Police or designee. 12.Firearms Proficiency, Training and Testing Courses of fire and tests designed to require the officer demonstrate accuracy, safety, functionality and maintenance of the firearms the officer carries or uses and knowledge of laws and departmental regulations concerning the use of force and weapons shall be required on an annual basis. a. All persons utilizing range facilities shall follow the direction of the Lead Range Officer/Range Instructor at all times. b. Courses of fire will be designed by firearms training personnel to include scores, target types, timing distance and practical conditions that meet the needs of the department. c. Scores will be documented as either pass/fail, or in annual firearms qualification courses, as a numerical score with a minimum of 80% required to pass and qualify. d. Proficiency tests will include demonstrated ability of the officer to accomplish the following: drawing, holstering, clearing stoppages, loading, unloading, and safe handling of the firearm as designated by the training staff. e. Target types will consist of, but not be limited to the following: i. Paper targets with printed design to represent areas to hit and be used in scoring accuracy. ii. Steel targets that present instant feedback to the officer on accuracy. o iii. Shoot/don't shoot targets that represent to nee3t for an officer to react appropriately.? f. Successful completion of a transitional king coin conducted by the firearms training staff is requirF y azy offr T who changes from primary handgun of one deso ajjandFri of another design, prior to being approved tE rrry-,!he r handgun. `••J C.4 SER-05.10 g. Annual handgun proficiency qualification requirements shall consist of successful completion of two courses consistent with ILEA for each issued handgun. h. All officers who are assigned special weapons and ammunition shall successfully complete qualification courses and training designed by the firearms training staff and those in charge of the affected units on an annual basis. i. Remedial training shall be required of those officers who fail to achieve the minimum scores or levels of proficiency that are required by the Department. i. Remedial training shall continue until the officer meets the standard, or upon a third failed attempt to qualify, the Firearms Instructor shall notify the officer's supervisor, Commander of Field Operations and Chief of Police. ii. Failure to meet the standard will result in immediate notification to the Commander of Field Operations and the Training Officer and may result in temporary reassignment to administrative duties that do not require the use of a firearm. This may continue until the standard is met, but will not exceed five (5) duty days without administrative review. iii. Continued failure to meet the standard may result in administrative action being taken against the officer. j. The Range Officer or Lead Range Instructor conducting the firearms training shall complete records documenting all firearms training for each officer. These records shall be retained by the Training Unit. k. All firearm instruction, training and qualification shall be provided by a certified instructor. CAS 13.Less Lethal Impact Projectiles *ccn a. There are many projectiles considered "less lethal". The l narytype, .. used by the Iowa City Police Department are: 74c, 1 i. "Bean sock" round - 12 gauge :{m _ P ii. Non-flexible - 37mm round b. Only rounds purchased by the department may be ed during a deployment. Deployment shall be consistent with deparGental directives on the Use of Force and the deployment of Less Lethal munitions. c. All 37mm less lethal munitions and delivery systems will be maintained by the SRT. This system will only be deployed by department members who have been trained and qualified in its use. d. Targeted subjects who have been struck by either of these projectiles shall be secured and transported to a medical facility for examination. e. Bystanders who are struck by less lethal munitions shall be encouraged to seek medical attention at a medical facility. f. Only those persons trained and qualifying with the device may deploy the device. 14.Impact Weapons SER-05.11 Training will be designed to require the officer to demonstrate proficiency with the types of impact weapons carried and knowledge of the laws and directives concerning the use of impact weapons. When used as an impact tool, they are considered a level four use of force. Officers shall only carry impact weapons that are issued by the department. a. All officers will complete a basic course of instruction in the proper use and skill development of each type of approved impact weapon, prior to being authorized to carry such weapons on duty. b. Officers will complete annual in-service training in the use of impact weapons. c. All in-service training shall be approved by the training unit prior to implementation. d. Remedial training will be required of those officers who fail to achieve the minimum levels of proficiency that are required by the Department. i. If the officer fails to meet the standard, the Baton Instructor shall inform the officer's supervisor and Commanding Officer Field Operations. ii. Continued failure to meet the minimum standard may result in administrative action against the officer. 15.Chemical Agents Chemical Agents will be available and may be used to incapacitate subjects when lower levels of force would have been inappropriate or have failed in the control or dispersal of these subjects. a. Uniformed and non-uniformed personnel will be limited to the use of Pepper Spray unless additional specialized training is received in the use of other chemical agents. b. The deployment of Chemical Agents other than the use of pepper spray must be authorized by the Commander of Field Operations or designee. Examples of other agents and deployment methods include but are not limited to: i. 12 Gauge chemical munitions ii. 37 mm chemical munitions c3 Foggers �n c r-- r iv. PepperBall Systems n.,< s f.... 16.Conducted Energy Devices :<174 22` Training will require the officer to demonstrate proficienora.:h ffe us of conducted energy devices carried and knowledge ote laws and directives concerning the deployment of such weapons. Officers shall only carry conducted energy devices that are issued by the department. a. Officers will complete a basic course of instruction regarding conducted energy devices prior to being authorized to carry such weapons on duty. b. Officers will complete annual training in the use of conducted energy devices taught by a certified instructor. SER-05.12 • c. All in-service training shall be approved by the training unit prior to implementation. d. Remedial training will be required of those officers who fail to achieve the minimum levels of proficiency that are required by the department. 17. Distraction Devices The use of distraction devices is limited to the SRT and may only be deployed by personnel who have received training in their use and deployment. 18. Less Lethal/Intermediate Impact Weapons Records The office responsible for Quartermaster function is responsible for maintaining a record for each issued weapon other than firearms. The Commander of Field Operations is responsible for maintaining a record of each special weapon (firearm, less lethal, delivery device, etc.) maintained in that unit. a. The record shall include: i. Type of weapon/munitions ii. Manufacturer iii. Model number if any iv. Serial number if any v. Number of units (munitions) vi. Address and location of storage vii. Name of personnel issued to. b. All weapons shall be inspected and found acceptable for use by the unit supervisor prior to deployment. 19.Proficiency Records At least annually, each employee shall receive in-service training on the Departmental Use of Force policy and demonstrate proficiency with each approved less lethal weapon that the officer is authorized to use. a. Such training shall be provided by a certified instructor. b. Proficiency training records shall include results from tests or demonstrations, dates, and rosters of attending officers. These records shall be maintained by the Training Unit. c. Remedial training shall be scheduled for employees who are unable to qualify with an authorized weapon. The weapons system instructor shall notify the immediate supervisor, the Training Officer and the Commander of Field Operations of the employee's remedial training status. i. Until the employee achieves full certification, s(he) willmot be permitted to operate the specific weapons systersotherMan in a training environment. c 3>-4 r C) < i r- =<57, z m Ext Samuel Hargadine, Ch P of Po"Tice w SER-05.13 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. N O 5 w b= a) OPS-17.1 IOWA CITY ° qn RACIAL *fsT. ,s�'5* PROFILING POLICE Original Date of Issue General Order Number January 10, 2001 01-01 Effective Date of Reissue Section Code June 14, 2012 OPS-17 Reevaluation Date Amends July 2013 OPS-17 Previous Version (2011) C.A.L.E.A. Reference 1.2.9 (see "INDEX AS") INDEX AS: *c., Racial Profiling Search and Seizure >.:.4 r�- Complaints Traffic Stops (-)-.< 1 r Supervisor Responsibilities Arrests —�r Warrants Discipline �� a ro I. PURPOSE 4-- The purpose of this order is to unequivocally state that racial and ethnic profiling�y 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 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 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 and any pertinent descriptors relevant or unique to that stop. 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 shall 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. F. No person or vehicle shall be searched in the absence of a warrant, a leggy recognized exception to the warrant requirement as identified in Geeral � Order 00-01, Search and Seizure, or the person's voluntary conset.., ` "1.1 1. In each case where a search is conducted, information shall beJ�prc I, including the legal basis for the search, and the results thereof.t?-C o r. 2. A cursory "sniff' of the exterior of a vehicle stopped for a traffiction m by a police canine may be recorded on the department's caninor report form. r N OPS-17.3 V. 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. A. Training programs will emphasize the need to respect the rights of all citizens to be free from unreasonable government intrusion or police action. VI. COMPLAINTS OF RACIAL/ETHNIC PROFILING Any person may file a complaint with the department if they feel they have 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. A. 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, if possible, shall record the complainants name, address and telephone number. B. Complaints which result in the initiation of an investigation shall be conducted as directed by General Order 99-06, Internal Affairs Investigations. C. Supervisors should periodically review a sample of in-car video of stops made by 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. D. Supervisors shall take appropriate action whenever it appears that this policy is being violated. VII. REVIEW A. 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. B. 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 grourls for the disproportionate rate of contacts. C. Upon review of the written notice, the Chief of Police may direct - +:1:on& "'T1 training towards the affected units/sections or to individual officer ""i 7 D. On an annual basis, the department may make public a statistica imwy of the race, ethnicity, and sex of persons stopped for traffic violatittg -_ M E. On an annual basis, the department may make public a statisticaMcMmy Ca of all profiling complaints for the year, including the findings as toethe • they were sustained, not sustained, or exonerated. N OPS-17.4 F. 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. Samuel Hargadine, 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. O O W gn "71 Cr"‹ MID rn *� to • OPS 21.1 IOWA CITY °4 '°w4 DETAINEE• FS' ,t5 PROCESSING POLICE Original Date of Issue General Order Number September 27, 2007 07-02 Effective Date of Reissue Section Code May 15, 2012 OPS-21 Reevaluation Date Amends/Cancels June 2013 OPS-21 Previous Version (2008) C.A.L.E.A. Reference Chapter 71 c >-.I r- ci-< 1 res I. PURPOSE sue. M The purpose of this order is to define the areas of the Iowa City Police6mi = Department where Detainee Processing is to occur. It is also the goalgiis policy to establish parameters for officers to follow while processing detaineet the Department. II. POLICY It is the policy of the Iowa City Police Department to process temporary detainees in a safe and efficient manner. Facilities used for processing shall be maintained with this goal in mind. III. DEFINITIONS Detainee: A person in the custody of agency personnel and whose freedom of movement is at the will of agency personnel. Temporary Detention: Detention of a person for the purpose of processing or testing. Temporary detention is measured in minutes or hours and does not involve housing or feeding detainees. OPS 21.2 • Processing: Pre-booking activities involving a detainee in custody (i.e. fingerprints, breath tests) Authorization Temporary detention of persons in custody may be required while officers conduct OWI tests or fingerprint juveniles. Detainees under these conditions should be carefully monitored since they will be in close proximity to officers. The following rooms are authorized as temporary detention/processing areas: 1. Interview Room 1 2. Interview Room 2 3. Room 114 Training Only sworn personnel will be used to monitor those persons held in temporary detention. Personnel who monitor detainees must receive training on procedures to be followed in handling such detainees at the time of their hiring and at least every three years thereafter. Basic academy training will not be considered sufficient for this purpose. An exception to this is dispatch personnel that have the ability to monitor these areas through the use of closed circuit video. The ability for dispatch to monitor detainees shall not be a substitute for the presence of sworn personnel in the detention/processing area. Training for this purpose will include methods for summoning assistance, restraint equipment available in the temporary detention areas, and methods for dealing with uncooperative detainees. These methods should include options for immediate transfer to jail or the delay of testing or processing until a later time. IV. PROCEDURES A. Documentation Whenever a detainee is brought to the Iowa City Police Department for temporary detention, at a minimum, a radio log will reflect the name of the detainee, their age, the reason being detained and the time the person arrived. Whenever such person is released, that time will be reflected in the radio log. The intent of this paragraph is to document the length of time persons are held in temporary detention. B. Stationmaster/Dispatcher Responsibilities Emergency Communication personnel shall monitor the detention ®eas voen detainees are being processed. When a detainee is brought to thegaicec "Ti Department, they shall record within the call log the detainee's nar Iatq of --� birth, reason for detention (OWI processing, fingerprinting and/or =tom am, = D rn x OPS 21.3 investigative) and the date and time out at the facility. If a fixed object is used to secure a detainee, the Stationmaster or Emergency Communication personnel shall record (as an officer change of status) the time secured in station (Unit Status "S") and the time released from restraint to fixed object (Unit Status "R"). If field sobriety tests are conducted in the hallway off the Gilbert Street entrance, Emergency Communication personnel shall inform other officers not to enter until those tests are complete. C. Processing and Searching Upon arrival at the Iowa City Police Department a subsequent search shall be performed. It is recommended that a second officer be present for this search if possible and after this secondary search has been conducted, necessary reports, testing, and other processing should occur. D. Locked Spaces Detainees will not be secured in locked spaces within the Police Department. E. Securing to Fixed Objects Officers may only secure detainees to fixed objects designed for such use. Examples include cuff rails, bars or bolts, and chairs or benches designed to cuff detainees to. Detainees shall not be handcuffed to any object not so designed as a means of preventing escape. If a detainee is secured to a fixed object, the officer shall notify the Emergency Communications Center of the time the detainee is secured in the station and the time the detainee is released in station. The Emergency Communications Center shall then enter the appropriate unit status codes to the call for service. F. Separation of Males, Females, and Juveniles To every extent possible, detainees shall be kept separate in different rooms by sex and juvenile detainees shall be kept separate in different rooms from adult detainees. Security A. Weapons Control -.• Firearms are not permitted into any space actively being used asZ:to-npgiary '"'fl detention area. Prior to removing handcuffs from the detainee, firs W111 be secured in the lockboxes maintained for that purpose in the n"< �n r detention/processing areas. -{rte—m Ito rn B. Emergency Alarms All officers working in the processing area shall be equipped with M5ortal3le radio. That radio shall be operational and shall always be within reach ofie officer in the processing area. An emergency request for assistance may be made by voice transmission or by means of activation of the emergency button on the radio. The exception to this is that radios shall not be turned on OPS 21.4 when in proximity of DataMaster testing. Additionally, fixed alarm buttons which alert the Stationmaster are present in the detention rooms and may be used if assistance is needed. C. Access to Area When an area is being used for temporary detention, only those personnel with reason to be there may enter or remain in that area after securing their firearm in a lock box. If the hallway off the Gilbert Street entrance is actively being used for sobriety tests, officers without prisoners or cause to be in the area and other employees shall enter by an alternate route. Other officers with prisoners may enter but only when the hallway itself is not being used for sobriety tests. The Stationmaster will advise arriving officers if the hallway is actively being used for sobriety tests. D. Escape Prevention In order to limit the risk of escape the following precautions should be followed: - Handcuffs should remain applied when feasible - The detainee should be seated away from doors and windows - Sufficient personnel should be present to physically prevent escape E. Visual Observation Detainees will be under constant visual observation. F. Monitoring Remote audio and/or video monitoring of detainees shall not substitute for the physical monitoring of detainees by sworn personnel. G. Detainee Transport Parking on Gilbert Street should be avoided Personnel to enable officers with detainees easy access to the Police Department. Physical Conditions Areas used as a temporary detention area must meet basic standards. They must be lighted, heated and/or cooled as required. There should be no hazards to officers or detainees. Water, restrooms, and other needs will be met as required. In cases wha this requires the detainee to be removed from the temporary detects aria, the detainee will be escorted at all times by at least one officer. y,; p "T1 Inspections —in r- .74� s m Areas that may be used as temporary detention areas will be insd pzya Q weekly basis by the Captain of Administrative Services or designers This. OPS 21.5 inspection will be for cleanliness and to determine if any unsafe conditions are developing. At least once every three years the Chief of Police or designee will review the components of this section and the detention areas to determine if they continue to best suit the requirements of the department. Samuel Hargadine, 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 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. w` P r- ::<rvir. me, m CD N OPS-22.1 IOWA MMTy klo� CONDUCTED o �.41ffl`cc2. ENERGY 'fir 'est. �s5 DEVICES POLICE Original Date of Issue General Order Number July 2, 2008 08-01 Effective Date of Reissue Section Code April 10, 2012 OPS-22 ca Reevaluation Date Amends/Cancels . n cam.., May 2013 C'7-[ 1 �` r. C.A.L.E.A. 1.3.1, 1.3.4, 1.3.5, 1.3.6 Reference 7<rn 1.3.7, 1.3.9, 1.3.10, 1.3.11, 1.3.12 Use of Force 3;0 0 INDEX AS: ' • Use of Force Less Lethal Weapons I. PURPOSE The purpose of this order is to establish procedures for the deployment and use of a conducted energy devices commonly known as the "TASER®" and the "XREP®". II. POLICY It is the policy of the Iowa City Police Department that officers shall use the least amount of force necessary to accomplish their lawful objectives while safeguarding their own lives and the lives of others. Consistent with this policy, the Department authorizes the use of conducted energy devices by officers certified in their use as an incapacitating weapon to: control a subject exhibiting active aggression when an officer reasonably believes that his/her life is in danger; effect a lawful arrest, or to otherwise control a combative, uncooperative person when verbal commands and persuasion have been ineffective in inducing cooperation; or to prevent a subject from harming himself/herself or others. A conducted energy device is never to be used on a passive subject, or as a pain-inflicting device to ensure compliance or punitively for purposes of coercion, or in an unjustified manner. OPS-22.2 III. DEFINITIONS Conducted Energy Device (CED) — A weapon primarily designed to disrupt a subject's central nervous system by means of deploying electrical energy sufficient to cause uncontrolled muscle contractions and override an individual's voluntary motor responses. The device fires probes or a projectile with barbed electrodes. The probes/electrodes are connected to the CED's battery by a high-voltage insulated wire. Electrical pulses are sent along the wires to the probes/electrodes with the intended effect being to temporarily incapacitate the targeted subject. After Firing Identification Dots (AFID) — Small identification tags ejected from the cartridge when the Taser® is fired. The AFID's have the individual unit's serial number printed on them which identifies which unit was fired. Gas Cartridge — The replaceable cartridge which contains and fires the electrical probes. The Gas Cartridge has an expiration date and ejects AFID tags when fired. The Gas Cartridge has two probes on the front allowing it to be used as a contact device. When the Gas Cartridge is removed the device can also be used as a contact Electro- Muscular Disruption device. Probes/Electrodes — Barbed projectiles that are fired from a conducted energy device and penetrate the skin; wires are attached to the probes/electrodes leading back to the CED. XREP (EXtended Range Electronic Projectile) — A self-contained conductivenergy device that that can be fired from a from a 12-gauge shotgun. The prckt$ctile ii eludes barbed electrodes and the battery of the device. IV. PROCEDURES = OPS-22.3 4. When possible, an officer who deploys a conducted energy device will give a verbal warning prior to deployment, unless to do so would place any other person at risk. This verbal warning will fulfill these purposes: a. give an aggressive subject a final warning that his/her actions are dictating use of the device b. warn other officers and bystanders that the conducted energy device is about to be deployed. 5. The deploying officer will then direct the actions of any assisting officer(s) on the scene in handcuffing the subject. The conducted energy device will not deliver its charge to a second person unless that person places his/her hand or a body part in between the two probes. The conducted energy device should not be used on handcuffed subjects unless they are actively resisting or exhibiting active aggression and other control options would place the officer or others in imminent danger. 6. Assisting officers shall approach the subject with caution so as not to break the wires connecting the probes to the conducted energy device. 7. Following a conducted energy device deployment, officers shall use a restraint technique that does not impair respiration. 8. The conducted energy device "probe mode" should be the primary setting option with the "drive stun" mode generally used as a secondary option. 9. A supervisor shall respond to all incident scenes where a conducted energy device has been discharged and conduct an initial review of the deployment. B. SITUATIONS WHERE CONDUCTED ENERGY DEVICES MAY BE USED 1. When an officer reasonably believes that the subject will become, or is engaged in violence directed towards the officer or others; or the subject's demeanor indicates they will engage in active aggression and other options would place the officer or others at risk (active aggression is a greater standard than active resistance). In addition, conductive energy devices may be used when a person is threatening death or serious injury to themselves. As with all use of force incidents; the decision to use a particular tool or technique will be evaluated in conjunction with General Order 99-05, Use of Force. ,.•, 2. To stop a dangerous animal. acs c— n C. SITUATIONS WHERE CONDUCTED ENERGY DEVICES Slag IT Br* USED UNLESS DEADLY FORCE IS APPROPRIATE :Crn m ca OPS-22.4 1. Near flammable liquids, gases, blasting materials or any other highly combustible materials which may be ignited by the use of the device, including potential methamphetamine labs or subjects contaminated with such materials. 2. When it is reasonable to believe that incapacitation of the subject may result in serious injury or death. (i.e. falls, etc.) D. SITUATIONS WHERE CONDUCTED ENERGY DEVICES SHOULD BE AVOIDED Although not strictly prohibited, officers should give additional consideration to the unique circumstances involved prior to applying a conducted energy device in any of the following situations. There must be compelling reasons for deployment which can be clearly articulated. 1. When the officer cannot approach the subject within its effective rage. 0 w 2. On persons in wheelchairs. 3. To control persons in operation of a vehicle. it, : rn 4m c 3. On elderly persons. o= _ C, 4. On women known to be pregnant. 5. On persons with known heart problems. 7. On persons with an apparent debilitating illness or who are visibly frail. 8. On young children or those under 80 pounds. 9. On individuals with known neuromuscular disorders such as multiple sclerosis, muscular dystrophy or epilepsy. E. POST DEPLOYMENT PROCEDURES 1. XREP casings and projectiles, probes, AFIDs, and cartridge packs used against individuals will be recovered and submitted as evidence. 2. Skin Penetrating Probes: a. Officers should remove the probes/electrodes as trained and inspect them to ensure the entire probe/electrode has been removed. Removal of broken probes/electrodes should be done by medical personnel. OPS-22.5 b. In the event that a probe/electrode is broken off in the skin or the probe/electrode is not fully intact, the subject will be transported to a hospital. c. Only hospital personnel are to remove probes/electrodes embedded in sensitive tissue areas such as the head, neck, throat, face, genitalia or female breast. d. Probes/electrodes will be packaged in accordance with existing procedures for the storage and handling of bio-hazard materials. Probes/electrodes which may be contaminated shall be clearly indicated as such on their package. 3. Probes/electrodes which have not penetrated skin will be packaged to ensure the safety of persons later handling the evidence packages. 4. Packaging: a. All probes/electrodes taken in accordance with this policy shall be packaged in accordance with the training received pertaining to the collection of the probes. When placed in temporary storage, the compartment containing the probes/electrodes should be clearly marked as containing a potential hazard. b. Spent cartridges and a representative AFID sample from the spent cartridge will be packaged as evidence and may be placed in the same larger envelope as the spent probes. 5. If practical, photos shall be taken of probe/XREP impact areas. F. MEDICAL TREATMENT 1. Ensure the suspect's injuries or complaints of injury (if any) are appropriately treated by medical personnel. Monitor the suspect for signs of"excited delirium". 2. Medical treatment shall be obtained for any suspect that has received a conducted energy device discharge. o w G. REPORTING aMOM i T� c,—C i 1. With the exception of training, all discharges of conducted geigy'vicIs will be documented on a Use of Force Report. "ern ,n 2. Aiming the device's dot or an arc display is considered a us ;of for . CA) 3. Jail staff shall be notified of intake prisoners who have been exposed to a conducted energy device. OPS-22.6 4. The Commander of Administrative Services or designee shall be notified (by e-mail) of deployments in order to download information from the device. H. TRAINING 1. Certified instructors are the only authorized persons to instruct on conducted energy devices. 2. Only officers who have been trained by a certified instructor may employ a conducted energy device on which they are certified. Officers are required to be re-certified annually. Officers who fail to qualify/show proficiency will be provided with remedial training according to the lesson plan. The Training Sergeant will maintain records to ensure that officers receive the training at the appropriate times. I. MAINTENANCE 1. Testing and maintenance of conducted energy devices will be consistent with the manufacturer's specifications and conducted by properly trained armorers. 2. Officers shall check the conducted energy device at the start of their tour of duty to ensure that the weapon has a functional charge. 3. Authorized officers will only carry a Department issued conducted energy device. 4. The holster will be carried on the duty belt on the side opposite the duty firearm. Non-uniformed officers will use an approved holster on the side opposite the duty firearm. 5. Officers shall not in any way alter or modify these weapons. o *•• > 4 r n r rn m s Samuel Hargadine, Ch Pfice jr w WARNING OPS-22.7 • 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. N w rn POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS July 2013 Date Description None POLICE CITIZENS REVIEW BOARD GENERAL RESPONSIBILITIES Established in 1997, by ordinance #97-3792, the Iowa City Police Citizens Review Board (PCRB) consists of five members appointed by the City Council. The PCRB has its own legal counsel. The Board was established to review investigations into claims of police misconduct, and to assist the Police Chief, the City Manager, and the City Council in evaluating the overall performance of the Police Department by reviewing the Police Department's investigations into complaints. The Board is also required to maintain a central registry of complaints and to provide an annual report setting forth the numbers, types, and disposition of complaints of police misconduct. The Board shall hold at least one community forum each year for the purpose of hearing citizens' views on the policies, practices and procedures of the Iowa City Police Department. To achieve these purposes, the Board complies with Chapter 8 of the Iowa City Code and the Board's By-Laws and Standard Operating Procedures and Guidelines. ACTIVITIES AND ACCOMPLISHMENTS FOR FISCAL YEAR 2013 Meetings The PCRB tentatively holds monthly meetings on the second Tuesday and special meetings as necessary. During FY13 the Board held sixteen meetings and one Community Forum. ICPD Policies/Procedures/Practices Reviewed By PCRB The ICPD regularly provided the Board with monthly Use of Force Reports, Internal Investigation Logs, Demographic Reports and various Training Bulletins. The Department also provided various General Orders for the Board's review and comment. A senior member of the Police Department routinely attended the open portion of the PCRB meetings, and was available for any questions Board members had regarding these reports. Presentations In April of 2013 the Board held its fifth Community Forum as required by the City Charter. The Board did introductions and the forum was opened to the public for questions. There were four members of the public that spoke at the forum. Topics of discussion included the following: service dog awareness and recommendations from the Ad Hoc Diversity Committee. Board Members In October officers were nominated with Joseph Treloar as Chair and Melissa Jensen as Vice-Chair. Melissa Jensen and Royceann Porter were re-appointed to the Board in July of 2013 for four-year terms beginning September 1. COMPLAINTS Number and Type of Allegations Five complaints (12-05, 12-06, 13-01, 13-02, 13-03) were filed during the fiscal year July 1, 2012 — June 30, 2013. Five public reports were completed during this fiscal period (12-01, 12-03, 12-04, 12- 05, 12-06) and two complaints were dismissed (13-02, 13-03). The remaining complaint filed in FY13 is pending before the Board (13-01). Allegations Complaint#12-01 1. Excessive Force - NOT SUSTAINED. 2. Harassment- NOT SUSTAINED. PCRB Annual Report FY 2013—Approved ??/??/13—1 3. Violation of Civil Rights - NOT SUSTAINED. 4. False Arrest- NOT SUSTAINED. Complaint#12-03 1. Improper action jeopardizing the safety of his child - NOT SUSTAINED. 2. Improper Conduct— NOT SUSTAINED. 3. Improper Demeanor of both officers - NOT SUSTAINED. Complaint#12-04 1. Illegal Search - NOT SUSTAINED. Complaint#12-05 1. Harassment of complainant by officer on the Hwy 6 Iowa River Bridge - NOT SUSTAINED. 2. Harassment of complainant by officer at the Iowa City Public Library — NOT SUSTAINED. 3. Officers threatened complainant in the Ped Mall - NOT SUSTAINED. 4. Officers call every place complainant applies for a job and tells them not to hire him — NOT SUSTAINED. 5. Harassment of complainant by officers at the Robert E. Lee Recreation Center — NOT SUSTAINED. 6. Officer filed the simple assault charge in retaliation for the complainant filing a PCRB complaint - NOT SUSTAINED. Complaint#12-06 1. Excessive Force - NOT SUSTAINED. 2. Illegal Search - NOT SUSTAINED. Level of Review The Board decided, by simple majority vote, the level of review to give each report, selecting one or more of the six levels specified in the City Code per complaint: Level a On the record with no additional investigation 4 Level b Interview or meet with complainant 1 Level c Interview or meet with named officer 0 Level d Request additional investigation by Chief or 1 City Manager, or request police assistance in the Board's own investigation Level e Board performs its own additional investigation 0 Level f Hire independent investigators 0 Complaint Resolutions The Police Department investigates complaints to the PCRB of misconduct by police officers. The Police Chief summarizes the results of these investigations and indicates in a report (the Chief's Report) to the PCRB whether allegations are sustained or not sustained. (If complaints are made against the Chief, the City Manager conducts the investigation and prepares and submits the reports.) The Board reviews both the citizens' complaint and the Chief's Report and decides whether its conclusions about the allegations should be sustained or not sustained. The Board prepares a report which is submitted to the City Council. Of the sixteen allegations listed in the five complaints for which the Board reported, none were sustained. The Board made comments and/or recommendations for improvement in police policy, procedures, or conduct in one of the reports: PCRB Annual Report FY 2013—Approved??/??/13—2 Complaint#12-01 The Board sees the need for more education on an individual's rights and responsibilities when responding to police officers' directions. Name-Clearing Hearings The ordinance requires that the Board not issue a report critical of the conduct of a sworn officer until after a name-clearing hearing has been held. During this fiscal period, the Board scheduled no name- clearing hearings. Mediation Officers and complainants are notified by mail that formal mediation is available to them at any stage in the complaint process before the Board adopts its public report. All parties involved must consent to a request for mediation. No mediations were convened this year. Complaint Histories of Officers City ordinance requires that the annual report of the PCRB must not include the names of complainants or officers involved in unsustained complaints and must be in a form that protects the confidentiality of information about all parties. In the five complaints covered by the FY13 annual report a total of eight officers were involved with allegations against them. ICPD Internal Investigations Logs The Board reviewed the quarterly ICPD Internal Investigations Log, provided by the Chief of Police. COMPLAINT DEMOGRAPHICS The following is demographic information from the five complaints that were completed in this fiscal year. Because complainants provide this voluntarily, the demographic information may be incomplete. Category/Number of Complainants Agel National Origin: Color: Under 21 0 r '•: American 1 White 2 Over 21 3 Unknown 4 Black 0 Unknown 2 Unknown 3 Sexual Orientation: Gender Identity: Sex: Heterosexual 0 Female 0 Female 1 Unknown 5 Male 0 Male 2 Straight 1 Unknown 2 Unknown 4 Marital Status: Religion: Mental Disability: Single 2 Unknown 4 No 0 Married 1 Christian 1 Yes 1 Unknown 2 Unknown 4 Physical Disability: No 0 Yes 1 Unknown 4 PCRB Annual Report FY 2013—Approved??/??/13—3 BOARD MEMBERS Donald King Joseph Treloar, Chair Royceann Porter Kingsley Botchway Melissa Jensen, Vice Chair s 4 v. h•.J '.yti, ti. Vv. h PCRB Annual Report FY 2013—Approved??/??/13—4 8-8-1 : CREATION OF POLICE CITIZENS REVIEW BOARD:' As permitted under Iowa's home rule authority and as required by the city's home rule charter, the city createds the police citizens review board which shall be known as the citizens police review board (hereinafter"board"), subject to the duties and limited powers set forth herein. (Ord. 07-4296, 12-11- 2007) 8-8-2: INTENT, GOALS AND GUIDING PRINCIPLES: A. Investigations into claims of inappropriate conduct by sworn police officers will be conducted in a manner which is fair, thorough, and accurate. B. An annual reporting system regarding complaints against sworn police officers will be established to give the city council sufficient information to assess the overall performance of the Iowa City police department in these matters. C. Citizens may make a formal written complaint to either the board or the Iowa City police department. In accordance with this chapter the board shall process.only those complaints filed with the board but will receive reports from the police chief briefly describing the nature of the allegations made in formal written complaints filed with the police department and the disposition of the same. D. The board will , qt: tot,, 1. Oversee a monitoring system for tracking receipt of formal complaints lodged against sworn police officers with either the board or the Iowa City police departrnen 2. Provide oversight of police investigations through review of such investigations. 3. Provide the opportunity for a hearing to the police officer if the board's findings on the complaint to the board are critical of the police officer, as required by constitutional law, and give the police officer the opportunity to present testimony and evidence. 4. Issue a final public report to the city council on each complaint to the board which sets forth factual findings and a written conclusion which explains why and the extent to which the complaint is either "sustained" or"not sustained". E. The board shall have no authority over police disciplinary matters because only the police chief or city manager may impose discipline under Iowa law. F. No findings in the board's report shall be used in any other legal proceeding. G. The board shall only review the conduct of sworn police officers and shall only act in a civil, not criminal, capacity. The board is not intended to be a court of law, a tort claim process or other litigation process. No action of the board shall be deemed to diminish or limit the right of any person to file a claim or a lawsuit against the city. H. A complaint to the board may be filed by any person with personal knowledge of an incident. "Personal knowledge" means the complainant was directly involved in the incident or witnessed the incident. If the person with personal knowledge is underage or otherwise unable to complete a complaint form, the complaint may be filed by such person's designated representative. The city manager, the police chief, the city council, or the board may file a complaint to the board based upon a reasonable belief that police misconduct has occurred regardless of personal knowledge. I. In order to assure that people feel confident in the complaint process, nonpolice city staff shall be available at a public location other than the police department to receive complaints, although complaints may also be filed at the police department. . • - •• - . . -- - -- - - •- J. The board shall not interfere with or diminish the legal rights of sworn police officers, including those rights protected under the union contract, civil service commission, and state and federal law. Similarly, the board shall respect the rights of privacy and freedom from defamation shared by complainants and witnesses, as well as those same rights enjoyed by police officers under the law. K. The city council finds that internal accountability within the police department is a valid legislative purpose, and one method of accomplishing such internal accountability is to have the police do their own investigations into claims of inappropriate police conduct. If a complaint is asserted against the police chief, the city manager will investigate the claim and report to the board and the city council. L. Investigation of all formal complaints to the board is a mandatory duty of the police chief, and a report of each complaint investigation shall be given to the board. Such reports to the board shall include the factual findings of the police chief as well as a written conclusion explaining why and the extent to which a complaint is either"sustained" or"not sustained". However, such reports shall not include discipline or other personnel matters. If the police chief and the city manager find the police officer's actions constitute misconduct and discipline is imposed by the police chief or city manager, the internal affairs investigation may become a public record to be released by the city attorney to the extent provided by law. M. In order to assure external accountability of the actions of the police department, the police chief shall provide the board with a report at least quarterly of all formal complaints filed directly with the police department, which report shall state the date and location of the incident and a brief description of the nature of the allegation and the disposition of the complaint. N. External accountability will further be provided by the board's maintenance of a central registry of all format complaints. in addition to the central registry, the board shall provide an annual report to the city council, which report shall be public and shall set forth the general types and numbers of complaints, how they were resolved, demographic information, and recommendations as to how the police department may improve its community relations or be more responsive to community needs. (Ord. 01-3976, 7-10-2001) O. The board shall hold at least one community forum each year for the purpose of hearing citizens' views on the policies, practices and procedures of the Iowa City police department, review police practices, procedures, and written policies as those practices and procedures relate to the police department's performance as a whole, and report their recommendations, if any,to the city council, city manager and police chief. (Ord. 07-4296, 12-11-2007) 8-8-3: DEFINITION OF COMPLAINT; COMPLAINT PROCESS IN GENERAL:t A. A "complaint to the board"or "PCRB complaint" is an allegation of misconduct lodged against a sworn police officer("police officer" or"officer") employed by the Iowa City police department, where the complained of activity occurred while the officer was acting in the capacity of a sworn police officer. B. Any person with personal knowledge of the alleged police misconduct may file a PCRB complaint with the board. In order to have "personal knowledge", the complainant must have been directly involved in the incident or witnessed the incident. If the person with personal knowledge is underage or otherwise unable to complete a PCRB complaint form, the PCRB complaint may be filed by such person's designated representative. The city manager, the police chief, the city council or the board itself may file a PCRB complaint based on a reasonable belief that police misconduct has occurred regardless of personal knowledge. The person or official filing the PCRB complaint may hereafter be referred to as the "complainant". C. All complaints to the board shall be in writing and on forms provided by the board. Complaint forms shall be available to the public in easily accessible locations, and nonpolice staff shall be available to receive the complaint forms. Assistance may be available to complete the form as designated by the board. D. All complaints to the board must be filed with the city clerk within ninety (90) days of the alleged misconduct. E. Only those complaints to the board which do not involve the conduct of an Iowa City sworn police officer or are not filed within ninety (90) days of the alleged misconduct may be subject to summary dismissal by the board. (Ord. 01-3976, 7-10-2001) 8-8-4: FORMAL MEDIATION: RESERVED and police officer(s) at any stage of the process upon consent of all involved parties and as provided by the board. Upon the filing of a PCRB-complain , . __ _ _ •_ _ - _ •• _ _ _ - _ e-A-complainant may also meet informally with the police officer and the watch commander of the police officer if the complainant wishes to do so. B. If a PCRB complaint is successfully mediated, the terms of the mediation agreement shall be set forth in writing, and shall be kept confidential to the-extent allowed by law; but the status of settlement shall - _ . - - -- eeaid''s central registry for reporting in the board's annual report. There shall be no retaliation aga et • - - . _ __ - _ -• e'. . • . ! -• 0, 8-8-5: POLICE DEPARTMENT AND POLICE CHIEF INVESTIGATORY DUTIES; CITY MANAGER INVESTIGATORY DUTIES:it A.RESERVED Complaints: Th- __ - ---_ ..-. - e - - -es.- - - '-'_ -- - - - --- forwarded to the city manager. B. Investigation: It shall be the mandatory duty of the police chief to do the following: 1. Prior to investigation of any PCRB board complaint, the police chief shall first give Garrity and Gardner advice to all police officers implicated in the complaint, as required by constitutional law. This means the officer cannot be required to waive the officer's constitutional right against self- incrimination. However, the officer may be required to answer questions during the investigation as a condition of the officer's employment, but any admissions made by the officer cannot be used against the officer in a criminal proceeding. 2. Notify the complainant and the police officer who is the subject of the complaint that formal mediation is available at any time during the police departments investigation and the board's with the police officer and the watch commander of the police officer if the complainant wishes to do so. RESERVED 3. Assign the PCB complaint to designated investigators within the police department for investigation into the factual allegations of the complaint. 4. The complainant shall be interviewed by the police department and shall be entitled to have a neutral city staff person or some other person chosen by the complainant present during the interview. The police officer is entitled to have a union steward present during any interviews. The City Manager will participate in the interview process with the officers involved in the complaint. A review of the City Manager's involvement under this provision will be done in two years to ensure the practice is producing its intended purpose. 5. Investigators will prepare and forward a report of their investigation to the police chief, and shall make detailed findings of fact as to the allegations in the complaint, and shall also set forth a written conclusion which explains why and the extent to which the complaint is either"sustained" or"not sustained". C. Legal Advice: If litigation, including criminal charges, relating to the matter of the PCRB complaint is commenced or is being contemplated by or against any party to the complaint, the police department, the police chief and/or the board shall consult with the city attorney and/or the board's own attorney on a case by case basis, to determine whether and how the investigation of the PGRB complaint should proceed. D. Complaints Against Police Chief: If a OGRIA board complaint is filed concerning the police chiefs conduct, the city manager shall investigate or cause an investigation to be completed. E. Disciplinary Action: Nothing in this chapter shall prevent the police chief or the city manager from taking disciplinary action prior to the board's review of the complaint. (Ord. 01-3976, 7-10-2001) 8-8-6: POLICE CH ..'S R ,. RT TO BOARD; CITY MANAGER'S REPORT TO BOARD' ; � A. The police chief shall re:: .the • =='ated investigator's report within the time frame indicated by the police chief. The police c' ,shall co 'g"Ct a review of the investigators' report, and may do any or all of the following: conduct interviews or request the police investigators to conduct additional investigations; request additional information, or that additional questions be asked; interview or direct that other persons or witnesses be interviewed; request that other documents be reviewed and/or retrieved; and any other investigative matters the police chief deems appropriate. B. The police chief will consult with the city personnel administrator and the city attorney prior to finalizing the police chiefs report to the board, and shall then forward this report to the board, which shall include the following: 1. Detailed written findings of fact concerning the allegations in the PCRB complaint; 2. A written conclusion which explains why and the extent to which the PCRB complaint is either"sustained" or"not sustained"; and 3. Recommended remedial actions, if any, including amending current policies or adopting new policies. C. The police chiefs report to the board shall not include discipline or personnel matters. D. A copy of the police chief's report to the board shall be given to the police officer, the complainant, and the city manager. If the PCRB complaint concerns the police chief, copies of the city manager's report to the board shall be given to the police chief, the complainant, and the city council. (Ord. 01- 3976, 7-10-2001) E. The police chief's report to the board shall be completed within ninety (90) calendar days after the PCRB complaint is filed. The board will grant extensions from this deadline for good cause shown. (Ord. 07-4260, 5-1-2007) F. All investigations shall be performed in a manner designed to produce a minimum of inconvenience and embarrassment to all parties, including the complainant, the police officer, and other witnesses. G. If a PCRB complaint is filed concerning the police chief, the city manager's report shall include the same findings of fact and conclusions as required for the police chief's report to the board. (Ord. 01- 3976, 7-10-2001) 8-8-7: DUTIES OF BOARD; COMPLAINT REVIEW A GENERAL DUTIES:ti 4,44% A. Complaints: The board shall forward copies of all PC complaints received to th 4.4 .ce chief for investigation; or where the PCRB complaint concerns the police chief, forward a copy of the PCRB complaint to the city manager for investigation. A copy of all complaints shall be forwarded to the Equity Director. t B. Review Of Police Chief's Report Or City •er's x' _, ,, 1. The board shall review all police chiefs reports ains - age reports concerning PCRB complaints. The board shall decide, on a simple .rity vote, " ;: �r = -vel of review to give each police chief's or city manager's report, and the board may;;,':ect any or . the following levels of review: r r`F }y '40". a. On the recoil addition rgat {.°. . %;. a ; '4 b. Interview/meet with compla,` :.y t. c. Interview/meet with named offi !;) and • • • officers. d. Request additional investigation by the police chief or city manager, or request police assistance in the board's own investigation. (Ord. 01-3976, 7-10-2001) e. Perform its own investigation with the authority to subpoena witnesses. (Ord. 07-4296, 12-11-2007) f. Hire independent investigators. 2. The board shall apply a "reasonable basis" standard of review when reviewing the police chief's or city manager's report. This requires the board to give deference to the police chief's or city manager's report because of the police chief's and city manager's respective professional expertise. The board may recommend that the police chief or city manager reverse or modify their findings only if: a. The findings are not supported by substantial evidence; b. The findings are unreasonable, arbitrary or capricious; or c. The findings are contrary to a police department policy or practice, or any federal, state, or local law. If, in accordance with said standard, the board affirms the decision of the police chief or city manager with respect to the allegations of misconduct but nonetheless has concern about the officer's conduct or police practices, policies, or procedures, it may so comment in its report to the city council. If such comments are critical of the officer's conduct the board shall provide the officer a name clearing hearing pursuant to subsection B4 of this section. When collecting and reviewing additional evidence, the board shall rely on evidence which reasonably prudent persons are accustomed to rely upon in the conduct of their serious affairs. 3. At the conclusion of the board's review, the board shall issue a public report to the city council concerning the PCRB complaint investigation. Such public report shall include detailed findings of fact concerning the PCRB complaint, together with a clearly articulated conclusion which explains why and the extent to which the complaint is "sustained" or"not sustained". If the complaint is "not sustained", the public report shall not include the names of the complainant(s) or the police officer(s). If the complaint is "sustained" the board may include the names of the complainant(s) and/or the police officer(s) if it determines that the public interest in such disclosure outweighs the public harm and privacy interests of the complainant(s) and/or police officer(s). Said determination shall be made in writing and shall state, in detail, the board's reasons for such determination. The board shall notify the person(s)whose name(s) it intends to disclose, the city attorney and the police chief(or city manager if the police chief is the subject of the complaint), of its intent to make such disclosure by confidential written communication sent by regular mail or hand delivery at least ten (10) working days prior to such disclosure. In addition, the board's public report shall not include any discipline or personnel matters, although the board may comment generally as to whether the board believes discipline is appropriate without commenting on the extent or form of the discipline. A copy of this public report to the city council shall be given to the complainant(s), the police officer(s), the police chief, equity director, and the city manager. 4. The board shall not issue a report which is critical of the sworn police officer s conduct until after a "name clearing hearing" has been held, consistent with constitutional due process law. The board shall give notice of such hearing to the police officer so that the officer may testify before the board and present additional relevant evidence. The board shall be responsible for protection of all state and federal rights enjoyed by the officer. The officer may waive the right to this hearing upon written waiver submitted to the board. 5. If the board's report is not critical of the officers conduct, the board is not required by law to offer a hearing to the officer, but the board may hold hearings as deemed appropriate by the board. 6. The board's report to the city council shall be completed within forty five 05) ninety(90) calendar days of receipt of the chiefs or city manager's report.The city council may grant requests for extensions to this deadline upon good cause shown. 7. Nothing in this chapter shall in any way impede or interfere with the police chiefs and the city manager's lawful ability to perform their personnel supervisory duties over sworn police officers, including the ability to impose discipline as deemed appropriate by the police chief or city manager. 8. No findings or report submitted to the board or prepared by the board shall be used in any other proceedings. C. General Powers And Duties: The board shall also carry out the following duties: 1. Maintain a central registry of written complaints filed with the board or with the Iowa City police department. 2. Collect data and do an annual report to the city council which shall be public and shall set forth the general types and numbers of complaints, disposition of the complaints, the discipline which was imposed, if any, and demographic information. This annual report shall not include the names of the complainants or officers involved in complaints which were not sustained, and shall otherwise be in a form which protects the confidentiality of the parties while providing the public with information on the overall performance of the police department. The board's annual report may also include recommended changes in police practices, policies or procedures. The annual report will also include data derived from the exit survey tool developed for the complainant to provide staff and the public with perceptions of the process. (Ord. 01-3976, 7-10-2001) 3. In addition to the annual report, the board shall report to the city council, from time to time, on police practices, procedures and policies, including recommended changes, if appropriate, and hold at least one community forum each year for the purpose of hearing citizens' views on the policies, practices and procedures of the Iowa City police department. (Ord. 07-4296, 12-11-2007) 4. The board shall adopt procedural rules and bylaws governing the board's activities, including the receipt and processing of complaints, and such procedural rules and bylaws shall be approved by the city council. (Ord. 01-3976, 7-10-2001) 8-8-8: BOARD COMPOSITION; LIMITED POWERS OF BOARD:e r t N; A. Board Composition: =6 r 1. The board shall consist of five (5) members appointed by the city ttiitticil, who shall be Iowa City eligible electors and shall serve without compensation. The city council shall strive to appoint members who represent the diversity of the community. Appointments to the board shall include one current or former "peace officer" as that term is defined by state law, except that a peace officer employed as such by the city of Iowa City withi : ; (5) years uhe appointment date shall not be appointed to the board. The city council reserves the rig waive th sidency requirement for good cause shown. The city council also reserves the right, for goo• ..se sh , to waive the requirement that the board include one current or former peace officer. (Ord. 0 ••w { r-a .s = f 2. Following final adoption and public" of the ordinance codified herein, the city council shall appoint members to the board for staggered terms. All appointments shall be for a four(4) year term, except for the initial appointments which shall be as follows: a. One person appointed for a two ( rear term. b. Two (2) persons app, • for thr • (3) year terms. c. Two (2) persons appointe•41ii;3l' ;."(4) year terms. 3. Training shall be available to all board members to enable them to perform the duties imposed herein, including training on Iowa's public records and open meetings laws. B. Limited Powers: The board shall have the following limited powers: 1. On its own motion, by a simple majority vote of all members of the board, the board may file a PCRB complaint. 2. The board shall decide the level of review to give the police chief's or city manager's report by a simple majority vote of all members of the board. (Ord. 01-3976, 7-10-2001) 3. The board has no power to review police officer personnel records or disciplinary matters except to the extent such matters are made public by the city attorney or are the subject of an enforceable subpoena. (Ord. 07-4296, 12-11-2007) 4. The board has only limited civil, administrative review powers, and has no power or authority over criminal matters. The board is not a court of law, and is not intended to substitute as a tort claims procedure or as litigation against the city. 5. If criminal charges are brought or are being considered against a particular police officer(s), the board's review or investigation may proceed with interviewing other officers or witnesses, or collecting documents, as appropriate. Any statements given by an officer who is subject to criminal investigation cannot later be used against the officer in a criminal proceeding, as provided under the fifth amendment to the U.S. constitution, unless such constitutional right is waived. 6. The board may obtain outside counsel and independent investigators in order to carry out the board's duties. i4f0> 7. The board may request that the city council hold general public information. arings concerning police department practices, procedures or written policies. (Ord. 01-3976, 7-10-2f L ,= 8-8-9: POLICE OFFICER'S AND COMPLAINANT'S RIGHT ' PRESERVED: � ; A A. All rights enjoyed by sworn police officer nplayed by the city are preserved in this chapter, and nothing herein is intended to waive, diminish or interfere with any such rights protected by the union contract, Iowa's civil service commission laws and other applicable state and federal laws. B. All common law rights enjoyed by complainants and police officers, such as privacy and freedom from defamation, shall be protected during the process set out in this chapter, and it shall be the board's duty to protect said rights. C. Notwithstanding the above provisions, no board member shall be liable to any person for damages or equitable relief by reason of any investigation or recommendation or report made by either a board member or by the board itself. (Ord. 97-3792, 7-15-1997) 8-8-10: COUNCIL REVIEW: (Rep. by Ord. 07-4291, 10-16-2007) 8-8-11 : TIME COMPUTATION:ei In computing time under this chapter, the first day shall be excluded and the last included, unless the last falls on a Sunday, in which case the time prescribed shall be extended so as to include the whole of the following Monday. However, when the last day for the filing of a complaint or the completion of a report falls on a Saturday or Sunday, or a day on which the office of the city clerk is closed due to a city holiday, the time shall be extended to include the next day on which the office of the clerk is open to receive the filing of a complaint or the report. (Ord. 99-3877, 4-20-1999) CITY OF IOWA CITY IOWA CITIZENS POLICE REVIEW BOARD STANDARD OPERATING PROCEDURES AND GUIDELINES INSERT DATE, 2013 The Citizens Police Review Board formerly known as the Police Citizens Review Board (hereafter referred to as the Board) was established to assure that investigations into claims of police misconduct are conducted in a manner which is fair, thorough and accurate and to assist the Police Chief, the City Manager and the City Council in evaluating the overall performance of the Police Department by having it review the Police Department's investigation into complaints. To achieve these purposes, the Citizens Police Review Board shall comply with Chapter 8 of the Iowa City Code, Board By- Laws and Standard Operating Procedures and Guidelines. TABLE OF CONTENTS I. Complaint Process II. RESERVED e'_ 'e• - . _ _ -e . - III. Meetings IV. Complaint Review Process V. Identification of Officers VI. Review of Policies, Procedures and Practices of the Iowa City Police Department VII. Annual Report VIII. General IX. Appendix <. A. The City Code of Iowa City C::` 'r er 8, Citizens Police Review Board B. Iowa City CPR-B--By-haws - • e e.. - - 9191.' 1 ki +fe-S . - - . - - e - Li-e - •• -- - •- - e e _ - . (Open Meetings) E. Section 22 of T-- - -e- e . _ _ _ • • - - • S- e e �. .F. CPRB Complaint Form CPRB SOP 07/13 Page 2 Complaint Process In an effort to assure the citizens of Iowa City that the Iowa City Police Department's performance is in keeping with community standards, the Board shall review investigations into complaints about alleged police misconduct to insure that such investigations are conducted in a manner which is fair, thorough and accurate. The Board shall achieve this by receiving, reviewing and reporting on citizen complaints in accordance with the procedural rules in Chapter 8 of the City Code, following the Board By-Laws, Article V and Standard Operating Procedures and Guidelines. A. Complaints shall be filed in accordance with 8 8 3C and 8 8 7A Chapter 8 of the City Code of Iowa City: 1. All documents and related materials filed With the Board shall not be returned. 2. Complaints filed in the City Clerk's Office shall be assigned a complaint number consisting of the last two digits of the present year with consecutive numbers, starting with one (1) (e.g. 98-1). 3. Complaint copies will be sent to the Equity Director, Police Chief or City Manager. The complaint copy sent to Board members shall have all references to police officer names and other identifying information deleted. _ - - - - - - -- - identify--the} officers by number as set forth in Section V of thee° roved gyres A letter will be sent to the Complainant confirming receipt of the complaint and identifying the Equity Director as another resource for them to contact throughout the complaint process. 4 Board deadlines are contained in Chapter 8 of the City Code. established by Ordinance 01 3976. '.5. A copy of each complaint filed shall be provided to Board members in the next meeting packet. 6. Amendments to a complaint must be in written form. 7. The complainant may withdraw the complaint at any time prior to the Board's issuance of its report to City Council. B. Procedures for complaints subject to summary dismissal follow: 1. A complaint that appears to be untimely filed or a complaint that does not involve the conduct of an Iowa City sworn police officer shall be handled in the same manner as outlined in subsection "A" of the Complaint Process. CPRB SOP 07/13 Page 3 2. The copy of the complaint furnished to the Police Chief or City Manager, shall include a cover letter from the Board indicating that it appears to be an untimely complaint or a complaint that does not involve the conduct of an Iowa City sworn police officer and will be reviewed by the Board at its next meeting. 3. The Board shall determine whether additional information is necessary to assess whether the complaint should be summarily dismissed and, if additional information is necessary,,;.the method by which such information will be obtained. The meth ds available include an interview of the complainant by a subcommittee of the Board, a request to the complainant for a written submissin'.on the issue presented and an investigation by the Board, but shall not include an invitation to the complainant to address the Board at a public meeting or an interview of the complainant at a public meeting. 4. Upon the completion of such investigation and the Board's determination that additional information is not necessary, the Board shall, by motion in open session,vote to determine whether the complaint will be dismissed under Section `e±3E of the Ordinance. The Board shall not discuss the facts or substa f! complaint at said open meeting. 5. If the Board dismisses the complaint, staff shall:.,.., .), Untimely Complaints.„•:• z„ , 1. Forward a copy of the decision to the Police Chief or City Manager including a cover letter stating that the complaint has been dismissed and that a report to the Board by the Police Chief or City Manager is not required by Chapter 8 of the ,Code. Forward.a copy of the decision to the complainant including a rtcover letter advising that although the complaint has been c ismissed and will not be reviewed by the Board, there is a .tmethod for the complainant to file a complaint directly with the owa City Police Department. '3`. Forward a copy of the decision to the City Council indicating the dismissal and referring to the section of the City Code. b. Complaints not involving a sworn Iowa City police officer: 1. Forward a copy of the decision to the Police Chief or City Manager including a cover letter stating that the complaint has been dismissed and that a report to the Board by the Police Chief or City Manager is not required by Chapter 8 of the Code. CPRB SOP 07/13 Page 4 2. Forward a copy of the decision to the complainant including a cover letter stating why the complaint was dismissed. 3. Forward a copy of the decision to the City Council indicating the dismissal and referring to the section of the City Code. 4. If the Board determines the complaint shall not be dismissed, it shall so advise the Police Chief or City Manager so that the investigation may continue and make the required report to the Board. •• - ' -•- - -•- • • - • - • - - • - - • RESERVED .. • _ • • - . - ••_ facilitate a successful resolution of the -Issues involved in a complaint. The PCRB shall City Council on March 10, 1998 and made a part hereof: - III. Meetings 9 Regular meetings shall be held monthly;,Special meetings may be called by the Chair as needed. The Board shall comply ith -,,,t.:,,,,,,,,„ - the> rd's By-Laws and the Board Standard Operating Procedures an .Guideli i--. 4 ; ..;. A. Meeting:,;;■ackets shall be distributed to Board members at least two (2) days prior to= eeting when possible.`' B. Place of Posting Notices and Agendas. 1. Follow requirements of Section 21.4, The Code of Iowa. 2. The City of Iowa City provides the Notice Bulletin Board in the lobby of City Hall. C. Consent Calendar shall include: 1. Minutes of the last meeting(s); 2. Correspondence and/or memoranda directed to the Board (not complaint- related). Staff shall be given directions based on Board discussion as to whether staff shall respond or whether Board members shall respond, with copies furnished to the Board. D. Time for open public discussion shall be made available at all open meetings as provided by the Board By-Laws, Article V, Section 8. E. Time for "Board Information" and "Staff Information" shall be made available at all meetings. CPRB SOP 07/13 Page 5 F. Decisions made in executive session shall be ratified in open session. G. Taped minutes of open meetings shall be kept thirty (30) days from acceptance and approval of minutes. H. Taped minutes of executive meetings shall be kept for one year from the date of the meeting. To the extent practicable, legal counsel for the 4pard shall attend all meetings of the Board. J. Electronic Participation Avk Follow the requirements of Section The Code of Iowa for "electronic meetings". "Electronic meetine-`;as defined in this section presumes electronic partici ation is necessary ler o quorum. 2. Electronic participation in ,.meetings, A member may participate by person. It shall be the rule of the Board to secure electronic participation by absent members whenever it is physically feasible where such participation is necessary or desirable because of statutory voting requirements or the importance of the subject matter to the public. This rule shall not apply to electronic participation by a majority of the Board members. K. Quorum and Voting Requirements 1. Quorum. See By-Laws V-4. 2. Voting. See By-Laws V-1-2. 3. Voting to close a session. See Section Chapter 21,5, The Code of Iowa. L. Iowa Open Records Law 1. The Board must follow all the requirements of Chapter 22, The Code of Iowa, Examination of Public Records (Open Records). This means every person has the right to examine and copy the public records of the Board pursuant to that Chapter. 2. The lawful custodian of the Board public records is the City Clerk of Iowa City. If the City Clerk requires legal counsel concerning whether a document is public or confidential, the Clerk shall notify both the City Attorney's Office and counsel to the Board of the request. 3. All records of the PCRB shall be public except as specifically provided for in Chapter 22, The Code and in the PCRB By Laws. CPRB SOP 07/13 Page 6 4. In accordance with Iowa Law, the Board shall maintain the Cconfidentiality of complaints, reports of investigations, statements and other documents or records obtained in investigation of any complaint See as outlined in the Board's By-Laws VII 1(a). 5. -- _ •- - - - - - --- - - - - -See By Laws VII 1(b). 6. Confidentiality of mediation matters See-By Laws VII 1(d). 7. In accordance with Iowa Law, the Board shall maintain the Cconfidentiality of information protected by the Iowa Open Records Law -- _ - e:-- -- _ _ - as' outlined in the Board's By- Laws VII 1(c). M. Iowa Open Meetings Law. 1. In accordance with Iowa Law,,4the Board:.must follow all:the requirements of Chapter 21, The Code of Iowa, Official Meetings Open to Public (Open Meetings). 2. In accordance with Iowa Law, confidentiality of information protected by the Iowa Meetings Law as outlined in the Board's By-Laws. N. Conflicts of Interest and Ex Parte Contacts 1. Conflicts of interest. See By-Laws V 11. . Ex Pa tacts`See By-Laws V 10. IV. Complaint Revievir.Process�. The Board shall review:all Police Chief's reports and City Manager's reports concerning complaints utilizing Sections 8-8-6, 8-8-7 and 8-8-8 of the City Code and the Board Standard Operating Procedures and Guidelines. A. Review of Police Chief's report or City Manager's report as outlined in Chapter 8 Follow- of the City Code. B. Select a level of review as outlined in Chapter 8 of the City Code. The Board shall notify the Complainant and the Police Chief, or the City Manager if the complaint is against the Police Chief, of the selected level of review. The Police Chief shall notify the officer of the selected level of review. CPRB SOP 07/13 Page 7 C. Pursuant to Chapter 8 of the City Code, the Board may choose to subpoena witnesses or documents. 1. A motion to issue a subpoena to compel the appearance of a witness or for the production of documents may be made by any Board member pursuant to the voting procedure outlined in Article V of the Board's By- Laws. Such a motion if made in closed session will be ratified in open session. 2. The subpoena will be prepared by ;legal counsel for signature by the Board Chair. 3. Funds for the payment of witness fees,`mileage and service will be issued by the City Clerk. 4. The subpoena may be issued to compel the appearance of a witness to be interviewed by a committee, of no more thanAwo Board members assigned by the Chair, at a time and place determined'by the committee. D. The Board may Rrequest fer an extension of time to file the Board's public report as outlined in Chapters .Refer.to 8 8 7 I )of the City Code. E. The Board shall not issue`:a public:;report critical of a police officer until after a name-clearing,hearing has been held;or waived by.;the police officer as outlined in Chapter --- - of the City Code. F. Name-clearing hearing procedure 'I If the orb„J determines that the comments or findings contained in its proposed ort will be critical`:of the conduct of a sworn police officer, it offerIhe,.officer a name-clearing hearing prior to the issuance of the Boart4 report to,Council. 2. The Board shall select a proposed date for the name-clearing hearing. 3. Written notice of the date, time and place of the name-clearing hearing shall be given to the officer no less than ten working days prior to the date set for hearing. The notice to the officer should be transmitted via the Police Chief of Police. The notice to the officer shall provide a written response form for the officer to demand or waive the name-clearing hearing. Said written response form shall also allow the police officer to state whether he or she requests an open or closed session. 4. If the officer provides a written waiver of the name-clearing hearing prior to the date set for hearing, the hearing shall not be held. 5. If the officer does not respond to the notice prior to the time of the hearing, the hearing shall be convened. If the officer does not appear, the hearing shall be terminated. CPRB SOP 07/13 Page 8 6. If the officer demands a hearing or appears at the hearing, the Board will first determine whether the hearing shall be open or closed. If the officer requests a closed session, the Board shall close the session pursuant to motion specifically identifying _-_ _ - _ _ .- _ _ -- an appropriate provision of Chapter 21 Iowa Code as the basis for closure. If the officer does not request a closed session the session shall be open except where closure is appropriate pursuant to Section 21.5-(4-)(a), 7. Before the hearing, the Board shall advise the officer of the Board's proposed criticism(s). At the hearing, evidence supporting the criticism shall be presented. The officer shall be given the opportunity to be heard and to present additional evidence, including the testimony of witnesses. 8. If, subsequent to a name-clearing hearing or waiver of a name-clearing hearing by the officer, the:hoard changes its:leyel of review, it shall issue a new written notice pursuant to subparagraph, B, hereof. If, following said change, the proposed report is critical of the sworn officer's conduct, the Board shall offer another name-clearing hearing to the officer pursuant to the,name-clearing hearingprocedures herein. 9. The complainant shall not receive .,.a notice of, or have the right to participate in, a name gearing hearing. G. Report Writing ,`Follow 8 8 7`of See ha*ar.8 of the City Code 1. The Chair shall appoint ,:a committee to prepare draft reports. The committee may request assistance from staff as needed. 2 When possible, a draft report;shall be included in the agenda packet prior `to.the meeting at which it<is discussed. 3. Draft'reports shall be discussed in executive session and finalized by the full Board::> 4. '::.,Draft reports shall be confidential. 5. Final.Public Reports shall be reviewed by legal counsel to the Board before being submitted to the City Council. H. Final Board Public Reports shall be distributed according to 8 8 7 B(3) Chapter 8 of the City Code. The copy sent to the City Council shall be accompanied by the minutes of the meeting which approved it and be sent to the City Clerk for inclusion in the next Council agenda packet. Once the Public Report is sent to designated parties, the complaint file is closed.and is taken to the City Clerk's Office for retention. J. An exit survey tool will be mailed to the complaint and responses returned will be contained in the Board's annual report. CPRB SOP 07/13 Page 9 V. Identification of Officers A. The reports of the Police Chief and the City Manager to the Board will identify the officers with unique identifiers, i.e. same number for same officer from one complaint to the next, but not by name. In its public reports, however, the Board shall not use the same number for the same officer from one report to the next, in order to guard against inadvertent identification of the officer to the public by the Board. The Board reserves the right, however, to identify the officer in a sustained complaint pursuant to Section 8 8 4.chapter 8 of the City Code and may obtain the officer's name from the City;C.lerk for this purpose. B. An allegation of misconduct or previous allegation of misconduct against an officer is not and shall not be used by;the Board as evidence of misconduct. VI. Review of Policies, Procedures and Practices of the lowa'04,Police Department As stated in the Chapter 8 of the City Code and Article the Board's By- Laws, and using the CPRB Standard Operan , *e�'� dures and Gufes, the Board shall, from time to time, report to<<the City Council on policies, procedures and practices of the Iowa City Police Department, including recommended changes, if appropriate. A. Policy-review discussions shall be held at regular meetings, when possible. B. Pursuant to Char 8 of the fewa City Code, on at least one occasion each;year the Board shall hold a community forum for the purpose of hearing citizens views on the policies, practices and procedures of the Iowa City Police Departrnent ,The format; location, date and time, of the forum will be determined by the:Board. The procedures and requirements set forth in the Board's>By-Laws,;Actisle-V will be satisfied. When citizens have concern about police procedures or practices, but there is no allegation of;individual.officer misconduct, there may be an issue of policy. ',:Any citizen or bard member may raise an issue at a Board meeting. D. The Board encourages signed written correspondence from citizens but will accept ;anonymous correspondence concerning policies, procedures, and practices of the Iowa City Police Department. VII. Annual Report The Board shall maintain a central registry of all formal complaints against sworn police officers and shall provide an annual report to the City Council which will give the City Council sufficient information to assess the overall performance of the Iowa City Police Department 8 8 2 M and 8 8 7 C(2) of the City Code, Article VIII, Seetien-5-ef-the PE E . . -. * e.-e . - - A. The annual report shall include information required by Chapter 8 of the City Code. CPRB SOP 07/13 Page 10 B. The Board's annual report may also include recommendations to amend Chapter 8 of the City Code. the Ordinance VIII. General A. The lawful custodian of the Board records and the central depository for all information is the City Clerk's Office of the City of Iowa City. B. The Chair is the official spokesperson for the Board. C. When legal counsel and/or staff are contacted on Board business, they shall report that information to the Chair and to eachother. D. Contacts between a Board member and the Police Chief and/or City Manager shall be in the form of written communication when possible. E. Requests for information from the Board to the Police Chief or City Manager shall be in writing. F. The Board's administrative adminiarative,assistant City Clerk's office shall provide the Board a monthly " Office Contacts Report," stating the number of telephone calls and in- office contacts which come directly to the pity Clerk's office, the general substance of such contacts:,and their disposition G. Voice ;Mail telephone messages to the Board office from citizens shall not be retained 'nor will messages be ;>transcribed : unless there are extenuating circumstances on a case-by case basis determined by legal counsel for the Board and the City Attorney's Office-:. The Board shall utilize its own letterhead stationery. CPRB SOP 07/13 Page 11 IOWA CITY CITIZENS POLICE REVIEW BOARD BY-LAWS BY-LAWS IOWA CITY CITIZENS POLICE REVIEW BOARD ARTICLE I. AUTHORITY: The Citizens Police Review Board formerly known as the Police Citizens Review Board (hereafter referred to as the Board) shall have that authority which is conferred by 97-3792 Chapter 8 of the City Code of the City of Iowa City, Iowa and through the adoption of these by-laws stated herein. ARTICLE II. PURPOSE: The purpose of the by-laws stated herein is to provide for the general welfare of the citizens of Iowa City by establishing a Board to advise the Police Chief, City Manager and City Council on matters pertaining to the policies, practices and overall performance of the Iowa City Police Department. Further, in an effort to assure the citizens of Iowa City that the Iowa City Police Department's performance is in keeping with community standards, this Board is created to review investigations into complaints of police misconduct to insure that such investigations are conducted in a matter which is fair, thorough, and accurate, and to maintain a central registry and to provide City Council with an annual report on all such complaints. ARTICLE III. MEMBERSHIP: Section 1. Qualifications. The Board shall consist of five (5) members appointed by the City Council who shall be eligible electors of the City of Iowa City, Iowa and shall meet the criteria contained in Chapter 8, City Code, City of Iowa City, Iowa. Appointments to the Board shall include one current or former "peace officer" as that term is defined by state law. The City Council may waive the residency requirement for good cause shown and may waive the requirement that the Board include one current or former"peace officer"for good cause shown. Section 2. Compensation. Members shall serve without compensation, but may be reimbursed for expenses incurred for travel outside the city on designated Board business. Such expenses must be submitted to the City Manager for approval and reimbursement. Section 3. Orientation for New Members. Prior to the first regular meeting following their appointment, new members shall be provided with copies of the ordinance creating the Board, the written policies of the Iowa City Police Department, the Board by-laws, open records law, open meetings law and other documentation that would be useful to Board members in carrying out their duties. They shall also be given an orientation briefing by the appropriate City staff and the Board as is deemed appropriate. Section 4. Absences. Three consecutive absences of a Board member, without excuse of the Chairperson, from regular or special meetings may result in a recommendation to the City Council from the Board to discharge said member and appoint a new Board member. Section 5. Vacancies. Any vacancy on the Board because of death, resignation, long-term illness, disqualification or removal shall be filled by the City Council after at least 30 days public notice of the vacancy. 2 Section 6. Terms. Members shall be initially appointed for staggered terms as outlined in Chapter 8, City Code, City of Iowa City, Iowa. Thereafter, Members shall be appointed for terms of four years, with terms expiring on September 1. If a position becomes vacant by reason of resignation or otherwise, and results in an unexpired term of six months or less, the Council may choose to fill the unexpired term in such a manner that the appointee shall continue in the position not only through the unexpired term, but also through a subsequent regular term. Section 7. Resignations. Resignations shall be submitted in writing to the Mayor with a copy to the City Clerk and the Chairperson of the Board at least 30 days prior to the date of intended departure. ARTICLE IV. OFFICERS: Section 1. Number. The officers of this Board shall be a Chairperson and Vice-Chairperson, each of whom shall be elected by the members of the Board. Section 2. Election and Term of Office. Officers of the Board shall be elected by a majority of all members as soon as practicable after formation of the Board, and thereafter annually at the first regular meeting in October each year; if the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as is convenient. Section 3. Vacancies. A vacancy in any office because of death, resignation, removal, disqualification or other cause shall be filled by the members for the unexpired portion of the term. Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings, appoint committees, call special meetings and in general perform all duties incident to the office of a Chairperson, and such other duties as may be prescribed by the members from time to time. Section 5. Vice-Chairperson. In the absence of the Chairperson, or in the event of death, inability or refusal to act, the Vice-Chairperson shall perform the duties of the Chairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairperson. ARTICLE V. BOARD MEETINGS: Section 1. Regular Meetings. The Board's regular meeting will be held the second Tuesday of each month. This meeting time may be rescheduled upon agreement by a majority of the Board. Section 2. Special meetings. Special meetings may be called by the Chairperson and shall be called by the Chairperson or Vice Chairperson at the request of three or more Members of the Board. At least one (1) full day's written notice of meeting place, time and agenda shall be given to each Member and the media. Section 3. Agenda. Insofar as possible, at regular and special meetings only matters included on the agenda may be discussed and formal votes taken. Care shall be taken to avoid discussion of non-agenda items. Section 4. Quorum. A majority of the members of the Board shall constitute a quorum at any meeting. Section 5. Place of Meetings. Meetings, both regular and special, shall be held in an accessible 3 City facility. Meetings which are forums solely for community input may be in other appropriate meeting places in Iowa City. Section 6. Notice of Meetings. Notice of meetings shall be required; meetings may be called upon notice not less than twenty-four (24) hours before the meetings unless such notice is impossible or impracticable, in which case notice shall be provided as outlined in the Iowa Code. The news media shall be notified by staff. Board meetings shall be public except where provided in the Iowa Code. Section 7. Proxies. There shall be no vote by proxy. Section 8. Public Discussion. Time shall be made available during all meetings for open public discussion. Section 9. Motions. Motions may be made or seconded by any member of the Board, including the Chairperson. Section 10. Exparte Contacts. A member who has had a discussion of an agenda item outside of a public meeting with an interested party shall reveal the contact, name the other party and share specifics of the contact, copies if in writing or a synopsis if verbal. Section 11. Conflict of Interest. Members who believe they have a conflict of interest on a matter about to come before the Board shall state the reason for the conflict of interest, leave the room before the discussion begins, and return after the vote. Section 12. Voting. A majority vote is required for adoption of any motion, except for a motion to close a session as provided for in the Iowa Code. Upon request, voting will be by roll call and will be recorded by yeas and nays. Every member of the Board, including the Chairperson, is required to cast a vote upon each motion. A member who abstains shall state the reason for abstention. Section 13. Roberts Rules of Order. The rules in the current edition of Roberts Rules of Order Newly Revised shall govern the Board in all cases to which they are applicable and in which they are not inconsistent with these bylaws and any special rules or order the Board may adopt. ARTICLE VI. GENERAL AND LIMITED POWERS AND DUTIES: The Board shall have the powers and duties set forth in Chapter 8 of the City Code of Iowa City. ARTICLE VII. PUBLIC RECORDS; EXCEPTIONS Section 1. All records of the Board shall be public, except: (a) Complaints, reports of investigations, statements and other documents or records obtained in investigation of any complaint shall be closed records unless a public hearing is held or a contrary determination is made by Counsel to the Board pursuant to the provisions of the Iowa Code. (b) The minutes and tape recordings of any session closed under the provisions of the Iowa Code shall be closed records. (c) No member of the Board or of its staff shall disclose information protected by the Iowa 4 Open Records Law or the Iowa Open Meetings Law. Nothing in this provision shall prevent the Board from releasing such information concerning alleged or acknowledged practices to the Iowa City City Council, the City Manager and/or Chief of Police, either in the form of its required annual report or otherwise. This section does not prevent any complainant, witness or other person from publicizing the filing of a complaint or the matter therein com- plained of. Violation of these provisions by a member of the Board or its staff shall constitute grounds for removal. ARTICLE VIII. CONDUCT OF BOARD BUSINESS: Section 1. Agenda. The Chairperson, or a designated representative, together with staff assistance shall prepare an agenda for all Board meetings. Agendas are to be posted at least 24 hours before the meeting and shall be sent to Board members and the media prior to meetings. Copies will be available to the public at the meeting. Section 2. Minutes. Minutes of all meetings are to be prepared and distributed to Board and City Council members. Specific recommendations requiring Council action are to be set off from the main body of the minutes and appropriately identified. Section 3. Review Policy. The Board shall review all policies and programs of the City relating to the Board's duties as stated herein, and make such recommendations to the City Council as are deemed appropriate. Section 4. Referrals from Council. From time to time letters, requests for information, requests for recommendations, and other matters are referred to the Board by the City Council. The Board will initiate consideration of each item at the next regular Board meeting and shall notify Council of its disposition. Section 5. Annual Report. An annual report detailing the activities of the Board shall be prepared by the Chairperson, approved by the Board, and submitted to the City Council. ARTICLE IX. SUBCOMMITTEES: The subcommittees of this Board including composition, duties, and terms shall be as designated by the Chairperson. ARTICLE X. AMENDMENTS: These by-laws may be altered, amended or repealed, and new by-laws adopted by an affirmative vote of not less than three members of the Board at any regular meeting or at any special meeting called for that purpose. Amendments shall become effective after approval by the City Council. July 30,2013 s:CI k\PC RB1Bylaws.doc Citizens Police Review Board (CPRB) Complaint Process Evaluation Form Please help us improve our complaint process by completing this short evaluation form. We value your comments! Circle one number for each item: Strongly Disagree Strongly Agree PROCESS The Review Board's staff, website, or publications 1 2 3 4 5 explained the complaint process clearly. _ Publications from the Review Board were easy to 1 2 3 4 5 understand. Contact information for the Review Board was easy 1 2 ' 3 4 5 to find. I was informed in a timely fashion regarding the 1 2 3 4 5 status of my complaint as it moved through the process. STAFF Staff was knowledgeable. 1 2 3 4 5 Staff was respectful. 1 2 3 4 5 Staff responded in a timely fashion to my questions. 1 2 3 4 5 OVERALL SATISFACTION My complaint 1 2 3 4 5 was handled in a timely fashion. How did you find out about the Citizens Police Review Board? (check all that apply) ❑ Friends or Family :' ' Mar ❑ Internet ❑ Library ❑ Neighborhood Center aye ❑ Other Do you have any additional comments? Please return your evaluation in the self-addressed stamped envelope included in this correspondence. Thank you for your comments. Page 1 of 1 CITIZENS POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5041 July 30, 2013 0; ,„> dr/o, Name e ,' , Address //, , a, City, State, Zip � 440 .,"::”RE: CPRB Complaint# Dear: �,�. ,' our recent Complaint. The Citizens Police Review Board at �` ages recei• v„ �. p Your complaint has been forwarded to f Police artme Supervisor or Investigator from the Police Departmen® ill contact j o t,as par' ` #,as proc to begin the investigation. If �'°`' . � ' he Police Chief hfe i �s'°NI?nag r will conduct the p �, the complaint you file d g investigation. $..,,,,,,:::,,, ®,, p � ��' ��, fps° ''1,;';,%. Enclosed please find a fl h,a as outlines t ',=A entire complaint review process from start to finish. P -= gate that t` n f,6 p ,•hout his process you can have a support person accomp�a. • 'o �suppor E erson ca a nyone of your choosing and is not limited to a P family . •er, friend. .lergy, oraguardian ` � ` �, zap, .. The City s E uity Director is mailable address any questions or concerns you may have throughout this process, and' , be reached at 319-356-5022. In addition, you may contact the Citizens Rey Board at �356-5041. Sincerely, 4 wo 4440,4 Joseph Treloar, Chair Stefanie Bowers Citizens Police Review Board Equity Director cc: Sam Hargadine, Chief of Police CPRB Enclosure