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Home My WebLink About10-12-2015 Community Police Review BoardMEMORANDUM COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City DATE: October 7, 2015 TO: CPRB Members FROM: Kettle Tuttle RE: Board Packet for meeting on October 12, 2015 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 10/12/15 • Minutes of the meeting on 09/08/15 • ICPD Department Memo 15-19 (July 2015 Use of Force Review) • ICPD Use of Force Report — July 2015 • ICPD Department Memo 15-22 (August 2015 Use of Force Review) • ICPD Use of Force Report — August 2015 • ICPD Memorandum (Quarterly Summary Report IAIR/CPRB, 3r' Quarter 2015) • ICPD General Order #99-05 (Use of Force) • Office Contacts — September 2015 • Updated Member Contact Information Other resources available: National Association for Civilian Oversight of Law Enforcement NACOLE provides information regarding civilian oversight in law enforcement nation wide. For more information see: www.NACOLE.org AGENDA COMMUNITY POLICE REVIEW BOARD October 12, 2015 — 5:30 P.M. HELLING CONFERENCE ROOM 410 E. Washington Street ITEM NO.1 CALL TO ORDER and ROLL CALL ITEM NO.2 REPORT FROM NOMINATING COMMITTEE ITEM NO.3 CONSIDER MOTION TO FIX METHOD OF VOTING COMMENT: As the By -Laws do not prescribe the method of voting, the Board will need to make a motion to fix the method of voting. Nominations can be made by balloting or from the floor. Voting can be by voice vote, show of hands, or ballot. The Board should decide if the basis for decision is majority vote of the total membership and procedure for canvass of ballots. ITEM NOA NOMINATIONS FOR OFFICE OF CHAIRPERSON MOTION TO CLOSE NOMINATIONS BALLOT OR VOTE ITEM NO.5 NOMINATIONS FOR OFFICE OF VICE -CHAIRPERSON MOTION TO CLOSE NOMINATIONS BALLOT OR VOTE ITEM NO. 6 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED • Minutes of the meeting on 09/08/15 • ICPD Department Memo 15-19 (July 2015 Use of Force Review) • ICPD Use of Force Report — July 2015 • ICPD Department Memo 15-22 (August 2015 Use of Force Review) • ICPD Use of Force Report — August 2015 • ICPD Memorandum (Quarterly Summary Report IAIR/CPRB, 3rd Quarter 2015) • ICPD General Order #99-05 (Use of Force) CPRB-Page 2 October 12, 2015 ITEM NO. 7 OLD BUSINESS ITEM NO. 8 NEW BUSINESS ITEM NO. 9 PUBLIC DISCUSSION ITEM NO. 10 BOARD INFORMATION ITEM NO.11 STAFF INFORMATION ITEM NO.12 CONSIDER MOTION TO ADJOURN TO EXECUTIVE SESSION based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. ITEM NO.13 MEETING SCHEDULE and FUTURE AGENDAS • November 10, 2015, 5:30 PM, Helling Conference Rm • December 8, 2015, 5:30 PM, Helling Conference Rm • January 12, 2016, 5:30 PM, Helling Conference Rm • February 9, 2016, 5:30 PM, Helling Conference Rm ITEM NO.14 ADJOURNMENT DRAFT COMMUNITY POLICE REVIEW BOARD MINUTES — September 8, 2015 CALL TO ORDER: Chair Melissa Jensen called the meeting to order at 5:38 P.M. MEMBERS PRESENT: Mazahir Salih, Joseph Treloar MEMBERS ABSENT: Royceann Porter STAFF PRESENT: Staff Kellie Tuttle STAFF ABSENT: None OTHERS PRESENT: Public Caroline Dieterle and John Miller from Little Village magazine RECOMMENDATIONS TO COUNCIL None CONSENT CALENDAR Motion by Treloar, seconded by Salih, to adopt the consent calendar as presented or amended. • Minutes of the meeting on 07/20/15 • ICPD Department Memo 15-18 (June 2015 Use of Force Review) • ICPD Use of Force Report — June 2015 • ICPD General Order 99-08 (Body Worn Cameras and In -Car Recorders) Motion carried, 3/0, Porter absent. NEW BUSINESS Select Nominating Committee — Salih and Treloar volunteered to be on the nominating committee and report their recommendations back to the Board at the October meeting. PUBLIC DISCUSSION Dieterle had a couple of questions regarding the Body Camera general order. The first was that she had not seen anywhere in the general order that the CPRB would have access to the body cam recordings. Jensen mentioned that currently all video recordings are made available to the Board when reviewing a complaint. Dieterle's concern was that although we have a cooperative Police Chief now that works well with the Board, it may not always be the case and it would be a good idea to have it in writing that the Board has access to the recordings. The Board agreed that would be a good idea to do and will recommend the addition. Dieterle was also surprised that an Order this important could be passed administratively without the Council ever voting on it. She thought that it hadn't been reported very well in the news that the policy had been approved and was put into use. She also thought that the Body Cam policy was much more important than a general order and should have been adopted through the City Council. Tuttle stated that the general order was included in a Council information packet and that general orders are not passed by Council but they could, as could the CPRB, recommend changes on the policy to the police chief. CPRB September 8, 2015 Page 2 Miller asked who drafted the policy and if the CPRB was involved. Jensen stated that it was written by the police department with assistance from the City legal department, input from the ACLU and meets the requirements of CALFA (Commission on Accreditation for Law Enforcement Agencies Inc). Treloar also added that it is a new policy and will probably have areas that will need to be adjusted as time goes on. BOARD INFORMATION None. STAFF INFORMATION None. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • October 12, 2015, 5:30 PM, Helling Conference Rm • October 13, 2015, 5:30 PM, Helling Conference Rm (Moved to October 12, 2015) • November 10, 2015, 5:30 PM, Helling Conference Rm • December 8, 2015, 5:30 PM, Helling Conference Rm ADJOURNMENT Motion for adjournment by Salih, seconded by Treloar. Motion carried, 3/0, Porter absent. Meetina adiourned at 5:57 P.M. CITIZENS POLICE REVIEW BOARD ATTENDANCE RECORD YEAR 2014-2015 (N'Ieetin Date) TERA1 10113 11/10 11/25 12/3 12/8 12/29 2/10 3/10 4/7 4/28 5120 6/16 7120 9/8 NAME EXP. Melissa 9i1i16 X X X X X X X X X X X X X X Jensen Joseph 9/1/17 X X X O/E X X X X X O/E X X X X Treloar Royceann 911/16 X O O X X X O X X X O O/E O/E O Porter Mazahir 911117 X X X X X O/E X O/E X X OlE O O X Sabb Fidencio 9/1/15 --- X X X X O/E X X O X X X X --- Martinez KEY: X = Present O = Absent O/E = Absent/Excused NNI = No meeting --- — Not a Member DEPARTMENT MEMO #15-19 TO: Chief Hargadine FROM: Captain Douglas S. Hart RE: July 2015 Use of Force Review DATE: September 2, 2015 The "Use of Force Review Committee" met on September 2, 20 t 5. It was composed of Captain Hart, Sgt. Gaarde and Officer Millard. For the review of submitted reports in July, 23 Officers were involved in 24 separate incidents requiring use of force. All issues or concerns were identified and addressed at previous levels of review. Of the incidents reviewed for this period: on 1 occasion a Taser was displayed, no Tasers were deployed, on 1 occasion OC was deployed, there were no SRT calls, in 3 other incidents officers responded to calls where their firearm was displayed, no animals were dispatched. Of the 24 incidents 2 suspects and 2 Officers were injured. Please contact me if you have any questions. Copy: City Manager, CPRB, Watch Commanders, Review Committee C7 cn r- 9i}4:}i'1'I'}IOWA CITY POLICE DEPARTMENT rODUACI[} Use of Force Report POLICE July ,,Lp[,9f.L Officer Date Incident Incident Force Used Badge Number # Number# 67 7/5 2015006934 Fight In The Officer had to pull the subject off of Progress another subject engaged while engaged in a fight. Wrist locks were used. 68 7/16 2015006938 Stabbing The Officer displayed his sidearm after locating three subjects who had just been stabbed. 35,62 7/7 2015007025 Arrest The subject began pulling away during the Warrant cuffing process. The Officer used am applied pressure technique on the subject left wrist to affect custody. 57 7/7 2015007026 Intoxicated The subject refused to leave the bar by bar Subject staff. The Officer gave multiple verbal commands. The subject, while cuffed, used his legs to drive himself into the officer. The Officer used a knee strike to gain compliance after the subject kicked the officer in the knee. The subject had to have leg restraints placed as he continued to kick the back of the squad cage and windows. 2 7/08 2015007037 Intoxicated The subject tensed up on arrest and the Subject officer had to place the subjects hands behind his back. The subject had to be placed in the squad car and then stepped on the officer's foot. The officer had to hold the subject against a wall until jail staff took custody. 66 7/8 2015007064 Fight In The officer had to hold the fighting subject Progress against the wall. The officer then had to physically place the subjects hands behind his back for cuffing. 37 7/10 2015007128 Armed Officers responded to the subject Subject threatening others with a8ife. tie officer displayed his sidearm towards" subj" with the knife. After first dncg at tie officers, the subject eve plly4omp end' with verbal comhd 30 7/12 2015007170 Fight In After the subject fled the bar (after Progress assaulting others), the subject took off running from the Officer. The subject was taken to the ground and held with an arm bar during the cuffing process. 3 7115 2015007287 Bar Check Subject tried running away after presenting a fake ID. The Officer, after a foot pursuit, used a takedown method to affect custody. 10 7115 2015007290 Fight In Subject refused to walk to the police car Progress and had to be physically escorted. 11,24,2 7/16 2015007332 Intoxicated The subject was throwing things at a van. Subject The subject also had several items near him including a tool box. One Officer gave verbal commands while another brought the suspect to the ground. The suspects hands were placed behind his back by the officers. 18 7/17 2015007334 Out With The subject was involved in a foot chase Subject with another agency. The Officer was in the area and grabbed hold of the subject. After a takedown technique was used, the subject was placed in hand cuffs. 11,10 7/18 2015007375 Impaired The subject refused to comply with being Driver cuffed and tried to pull away from officers. The subject was taken to the ground and a wrist lock was used to affect cuffing. 24,11 7/18 2015007378 Vehicle Officers responded to a subject breaking Burglary out car windows. The subject had a tool box in his hand and refused to drop the item. The Officer displayed his taser. While another officer distracted the subject, an officer was able to approach the subject and take him to the ground without further incident. 3 7/19 2015007407 Out with The suspect was located after running from Subject another Officer. The Officer placed the subject on the ground and handcuffs were used to take custody. 24 7/19 2015007408 Traffic Stop The subject refused to exit the patrol vehicle upon being taken to the jail while under arrest. The Officer had to pull the suspect from the vehicle by his left arm. The subject was held againstWie wall to prevent him from facing�p�eof�r de 12#e verbal commands t Re c6ptrary. c-) —C I r ,� 36,10 7/20 2015007452 Vehicle After the suspect vehicle tried ramming the Pursuit patrol car after a pursuit, the Officer approached with side arms drawn. 49,44,19 7/20 2015007459 Suicidal The subject had taken several pills and Subject tried walking away from officers. The officers placed the subject's hands behind his back for safety as he refused to comply. At the hospital, one officer had to assist in restraining the subject for the medical staff 47 7/20 2015007466 Suicidal The Officer held the subjects ankles down Subject after she kicked a firefighter in the ambulance. 36 7/22 2015007513 Intoxicated The Subject tried running away from the Subject Officer, after a foot pursuit the Officer used a takedown method to affect custody. 24,54 7/24 2015007579 Burglary/ The Subject tried running away from the Domestic Officer after the subject had broken into a residence. After a foot pursuit the Officers used a takedown method to affect custody. The subject continued to resist and compliance methods were used to place handcuffs. 86,10 7/27 2015007655 Fight In The subject continued to fight despite being Progress restrained by his friends. The officer tried cuffing, but the suspect pulled away. A wrist lock was used by one officer and pepper spray was used by another as the subject continued to resist. 2 7/27 2015007690 Domestic A male subject tried running from the Assault Officer after the officer observed him pushing a female. The Officer was able to locate the suspect and had to physically lace the suspect's hands behind his back. 7,24 7/28 2015007762 Arrest The Officers had to place the subject's Warrant hands behind her back for cuffing. The Officers also had to physically push/direct the suspect to the squad car as she refused to cooperate. r cx C i -,� C"� ' -o r 3 DEPARTMENT MEMO #15-22 TO: Chief Hargadine FROM: Captain Douglas S. Hart RE: August 2015 Use of Force Review DATE: September 29, 2015 The "Use of Force Review Committee" met on September 29, 2015. It was composed of Captain Hart, Sgt. Droll and Officer Hartman. For the review of submitted reports in July, 16 Officers were involved in 22 separate incidents requiring use of force. All issues or concerns were identified and addressed at previous levels of review. Of the incidents reviewed for this period: on 1 occasion a Taser was deployed, on 1 occasion OC was deployed, there were no SRT calls, in 4 other incidents officers responded to calls where their firearm was displayed, 3 animals were dispatched. Of the 22 incidents 2 suspects and 2 Officers were injured. Please contact me if you have any questions. Copy: City Manager, CPRB, Watch Commanders, Review Comrittee �riHI r , N veer �j w � JOl4A CCpy ,WA CITY POLICE DEPARTMENT q i .,.Useof Force Report AugustPC+L:CC _ _ POLEfE Officer Date Incident Incident Force Used Badge Number # Number# 10 8101 2015007861 Traffic Stop The subject was told she was under arrest. The subject tried to pull away and kicked the officer in the groin. The Officer was able to direct the subject into the squad car. 10 8101 2015007861 Juvenile A juvenile reported as a runaway tried to run from the Officer. The Officer used multiple verbal de-escalation techniques to no avail. The Officer eventually had to secure the juvenile by holding onto the right arm of the juvenile. 11 8t2 2015007904 Traffic Stop After initiating a traffic stop, the vehicle took off. The vehicle was later located and the officer approached with his sidearm drawn. 35 8/4 2015007982 Missing The officer had to secure the juvenile, who Juvenile took off running, by holding onto the juveniles right arm. 2 817 2015008056 Fight In The subject was actively involved in a fight Progress with another. The Officer had to use a wrist lock and a takedown technique to affect arrest. The subject later refused to exit the squad car to jail and the officer had to use a come -along method. 3,10 8/08 2015008095 Bar Check The officers had to manually place the subject's hands behind his back for cuffing. 40,35 8110 2015008190 Medical The subject aggressively approached the Response Officer who attempted multiple verbal de- escalation methods. The Officer tried to take the subject to the ground whereupon the subject continued his resistive behavior. Tasers were used on the subject to gain compliance. 10 8/12 2015008243 Out With The Officer used a takedown teQonique to Subject apprehend a subject whQran fr6* another Officer; T v, ==Crh woo 57 8/12 2015008275 Theft The Officer had to restrain the subject's hands behind his back. The officer also had to use his body to press the subject against the wall during this process. 30 8/13 2015008305 Theft The subject attempted to hand off something to his associate. When the officer tried to prevent this movement, the subject began to push through the officer. The officer had press the subject against the wall to restrain him. 36 8/14 2015008317 Animal Call The Officer used his sidearm to end the life of a wounded deer. 46 8/16 2015008425 Animal Call The Officer used his sidearm to end the life of a wounded deer. 40,25 8/20 2015008590 Suicidal The subject stated she wanted to kill Subject herself and had broken glass. The officers were able to grab hold of the subject, place her on a nearby bed, and utilize handcuffs. 312 8/21 2015008609 OWI The intoxicated driver refused to exit the vehicle. The driver tried to start the ignition. One Officer displayed his handgun at this time. The officer then extracted the subject from the vehicle. The officers then used wrist locks to place the subject's hands behind his back for cuffing. 45,8 8/22 2015008659 Intoxicated The subject was under arrest and refused Subject to sit down as officer were concerned he might fight or run in his agitated state. After many verbal commands/requests the officers held the subject in a sitting position. 12 8/22 2015008683 Animal Call The Officer used his sidearm to end the life of a wounded deer. 45 8123 2015008721 Intoxicated Despite verbal commands the subject then Subject ran towards officers. One officer drew his sidearm as he could not see the subject hands. The subject complied with verbal commands and was taken into custody without further incident. 1 8/25 2015008843 Intoxicated The Officer had to press the subject into Subject the squad car as the subject pushed backwards onto the officer. on C� N #t^ w -si MM Flo W 36 8/26 2015008867 Intoxicated The subject was under arrest and lay down Subject in the back of the squad car. The Officer had to lift the subject up as well as move his legs/feet into the car. 68 8/28 2015008969 Out With The subject tried to run away. The Officer Subject grabbed hold of the subject and was able to direct him to the ground for cuffing. 68,51,36, 8128 2015008975 Burglary/ The stolen vehicle was observed. Two 67 Stolen Officers displayed their side arms while two Vehicle more officers had to restrain the suspect as he kept trying to stand up to confront the officers. 11 8/29 2015009013 Fight In The subject was actively fighting with Progress another. The officer used a wrist lock to take the subject into custody who was continued to go after the other person in the conflict. 10 8/30 2015009064 OWI While doing tests, the subject ran towards the officer in an assaultive manner. The subject was taken to the ground. The subject then tried to grab the officer duty belt equipment (while continuing to actively resist). The Officer used OC spray to affect custody. r f � Memorandum TO: File FROM: Captain Douglas S. Hart, Administrative Services RE: Quarterly Summary Report IAIR/CPRB, 3rd Quarter 2015 DATE: October 1. 2015 Attached you will find the IAIR/CPRB 2015 third quarter summary report for the Iowa City Police Department Internal Affairs/Citizen's Police Review Board investigative file. There were no investigations initiated in the third quarter of 2015. One investigation was initiated in the 2"d quarter of this calendar year and was closed out in the third quarter. One investigation was initiated in the 2" d quarter of this calendar year and is still being investigated. cc: CPRB Chief Hargadine Cpt. Troy Kelsay Sgt. David Droll m 7 N1 rn J M C31It N N C N N 6 Z O 7 n 2 a s OPS-03.1 Original Date of Issue General Order Number April 28, 2001 99-05 Effective Date of Reissue Section Code September, 2015 1 OPS-03 Reevaluation Date Amends October, 2016 C.A.L.E.A. Reference 1.3.1— 1.3.8.1.3.13 (see "INDEX AS") INDEX AS: • Use of Force • Reporting • Significant Force • Investigation v • Use of Force Model • Canine • Arrests • Warning Shots 0 1. 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 soh as handcuffs. G. Verbal Commands/Directives — Verbal communication by an of}�c jt diiBcting_,, someone to perform or not to perform an act: e.g. "Stop", "DonkTnivew"Put your hands up", or "Get on the ground". H. Verbal De-escalation — Verbal communication techniques by aro tcer_.to generate cooperation and gain voluntary compliance with som ne wig is passively resistive and not unlawfully fleeing, and/or not engaged in violence directed towards the officer or others. Said techniques may also be referred to as Verbal Judo, Tactical Communication or Verbal Defense and Influence etc. OPS-03.3 IV. Code of Iowa — Use of Force in Making Arrests and Preventing Escape 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 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. ?. The person has used or threatened to use deadly force in committing a felony, or 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 threatgf death or serious injury. c. An officer may use deadly force to effect the capture b�-preuent escape if: `o s i. The person used or threatened to use deadly fainPO committing a felony, and ` Fii. The peace officer reasonably believes the persarf3i�o� us deadly force against a person unless immediate ' ' apprehended. =+' r) d. No distinction shall be made relative to the age of the intended target. e. Warning shots by officers of the Iowa City Police Department are prohibited. OPS-03.4 f. A verbal warning shall be utilized prior to an officer discharging 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. 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. RE g, t„ m 6 X �9 ry �ul )wrn w' JNM1 'feral' OPS-03.5 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 reasonably feels is necessary in the performance of their official duties. Use of force by an officer is justified in, but not limited to, the following situations: a. To protect the officer or others from physical harm. b. To control an arrestee or a potentially violent person. c. To restrain or subdue a resistant individual. Approved restraint devices are handcuffs (hinged and chain style), flex -cuffs and nylon leg 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 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 form resuFA in a physical injury. cn s� 3. The on -duty watch supervisor shall be immediately notifie�v'�en% chemical irritant / OC spray is utilized. "~ r-J 4. The on -duty watch supervisor shall be immediately notifie� en a-p conducted energy device is discharged. v c� 149121 o 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 written report apply to the following circumstances in which no accident or injury results: a. The discharge of firearms on firearm ranges or in an area for firearms practice. b. Sporting events to include lawful hunting and organized shooting matches. 2. When, in accordance with applicable law, it becomes necessary for an officer to discharge a firearm to destroy an animal which presents a 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 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/negli(Sdfit discharge), with the exception of the destruction of anirbals wgc-h are reviewed by the Use of Force Committee, shall be revi , ed it -a manner consistent with General Order 99-06: Internal aI s Investigations as assigned by a Division Commander. i. At a minimum, this will consist of a Report of looigy arnd t supervisory review. , ii. The Division Commander and the Training andccreditation Sergeant will review the investigation and findings to i Gentify 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. OPS-Q3.7 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 reporting officer. iii. Description of actual resistance encountered. iv. All required fields completed in Use of Force report. v. The force used by the officer to overcome the resistance and the specific weapon or technique used. vi. A description of any alleged or actual injuries to either the 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 medical 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. 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 DEATF-FOR SERIOUS INJURYw 1. When any member of the police department is involved inkaJO,hci j@nt ^-^� resulting in death or serious injury, a thorough and objecti�11-) w investigation of facts and circumstances will be initiated as spqn as practical by the Chief of Police's designees and completes a asoA as practical. 2. The Chief of Police or his/her designee shall decide whether the ER"I 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 duty without loss of pay or benefits at the discretion of the Chief of Police, while the investigation is pending: a. The officer or employee shall be available at all times for official interviews and statements regarding the case, and shall be subject to recall to duty at any time. The officer or employee must receive permission from the Chief of Police, or the Chiefs representative, prior to leaving the area. If such permission is given, the officer 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, 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 fci" e incident to ensure all personnel followed departmental poled and guidelines. r7l ' VI. USE OF FORCE MODEL ry'`" A. Police officers are given the unique right to use force, even de ill force, against others for legitimate law enforcement purposes. The riko use ford carries with it an obligation to use that force in a responsible m6'nner. &:olice 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. OPS-03.9 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. Officers shall use verbal de-escalation techniques when the subject is passively resistant, not unlawfully fleeing, and not engaged in violence directed towards the officers or others. D. Reasonable officer's perception/Reasonable officer's response (see attached matrix) VI1. CIVILIAN OFFICERS (COMMUNITY SERVICE AND ANIMAL CONTROL OFFICERS) A. Community Service Officers assigned to the road and Animal Control Officers shall carry chemical irritants (OC) under this policy for the sole purpose of self-defense from persons or from animals. B. When dealing with upset persons, civilian officers must first attempt to deescalate the situation, if it is reasonable to do so, by backing away from the situation to a place of safety (vehicle or other barrier) and calling for a sworn officer to come to the scene. If after attempting to deescalate the situation, the civilian officer reasonably believes that they are going to be assaulted, the officer may deploy their chemical irritant in a manner consistent with training. C. When dealing with aggressive animals, civilian officers should try backing away from the situation to a place of safety (vehicle or other barrier) and call for a sworn officer to come to the scene to assist. If the civilian officer is unable to make it to a place of safety and they reasonably believes that they may be attacked, the officer may deploy their chemical irritant at the animal in a manner consistent with training. D. Civilian officers that deploy chemical agents at a person are subject to all reporting requirements set forth in this policy. Additionally, they are responsible to immediately contact the on duty Watch supervisor as well as summoning medical personnel to the scene for any injuries. E. Civilian officers that deploy chemical agents at an animal shall notify thbir supervisor to make them aware that a chemical agent was deft ed as well as the circumstances involved. '`- rn ra "t") F. When dealing with persons, a civilian officer will be held to the asRgabl officer's perception/Reasonable officer's response" standard. see lem four and five in the attached matrix) = -o 74 w 0 ry OPS-03.10 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. a LEVEL ONE Perception — Subject is compliant OPS-03.11 Response — Cooperative controls (includes: mental preparation, spatial positioning, communications skills, handcuffing positions and techniques, searching techniques, arrest and transport controls) COOPERATIVE`• 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 > - VERBAL COMMANDS/DIRECTIVES - VERBAL DE-ESCALATION TECHNIQUES > NON-VERBAL > WALL HANDCUFFING POSITIONS > STANDING> PRONE > KNEELING HANDCUFFING TECHNIQUE > CONTROLLED > WALL SEARCHING TECHNIQUES > STANDING > PRONE > KNEELING > OPPOSITE SEX SPECIALIZED TECHNIQUES > FRISK > STRIP > SINGLE OFFICER A ` ARREST TECHNIQUES > MULTIPLE OFFICERS vro --. ESCORT CONTROLS > SINGLE OFFICER > MULT IPLE OFFICERS > y SINGLE OFFICER TRANSPORT CONTROLS > MULTIPLE OFFICERS OPS-03.12 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 > VERBAL COMMUNICATION SKILLS - VERBAL DIRECTIVES -VERBAL DE-ESCALATION TECHNIQUES > NON-VERBAL > ARM CONTACT CONTROLS > WRIST > HAND > ESCORT TECHNIQUES ARREST TECHNIQUES > TRANSPORT TECHNIQUES > MASS FORMATION ME ar; M , 4 N OPS-03.13 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 > WRIST ROTATION CONTROL TACTICS > ELBOW LEVERAGE BICYCLE > TAKE DOWN TECHNIQUES > COMMUNICATIONS/ASSESSMENT SKILLS VEHICLE PURSUIT TACTICS > PACING/TRAILING TECHNIQUES F C) r' OPS-03.14 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) 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 I 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. , r_, qr r*z a r.> --irF, W 1--t -v r c) ry OPS-03.15 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) USE OF FORCE MODEL - FUNCTIONAL PROFILE ASSAULTIVE (Serious Bodily Harm/Death): LEVEL 5 DEADLY FORCE FORCE OPTIONS also includes all options from lower Levels > WEAPON ATTACK DEFENSE > WEAPONLESS> WEAPON RETENTION TECHNIQUES > SERVICE WEAPON LETHAL FORCE UTILIZATION > SUPPLEMENTAL WEAPON > OTHER OPTIONS OTHER OPTIONS: > CONTACT FORCIBLE STOPPING TECHNIQUES > ROADBLOCK R 4s,3 Hµ. N COMMUNITY POLICE REVIEW BOARD OFFICE CONTACTS September 2015 Date Description None UT dared 09115115 COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5041 Melissa Jensen, Chair 830 Elliott Ct Iowa City, IA 52246 (H)354-5043 (0)398-5491 Donald King 542 Foster Rd Iowa City, IA 52245 (C)319-594-7660 Royceann Porter 136 Appanoose Ct Iowa City, IA 52240 (C)319-321-2779 Mazahir Salih 2355 Jessup Circle Iowa City, IA 52246 (H) 571-282-5188 Joseph Treloar, Vice Chair 2501 Holiday Rd Coralville, IA 52241 (0) 625-2153 Patrick Ford, Legal Counsel Leff Law Firm, L.L.P. 222 South Linn Street PO Box 2447 Iowa City, IA 52244-2447 (0) 338-7551 Term: September 1, 2012 — September 1, 2016 Term: September 1, 2015 — September 1, 2019 Term: September 1, 2012 — September 1, 2016 Term: September 1, 2013 — September 1, 2017 Term: September 1, 2013 — September 1, 2017