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HomeMy WebLinkAbout01-09-2018 Community Police Review BoardMEMORANDUM COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City DATE: January 3, 2018 TO: CPRB Members FROM: Chris Olney RE: Board Packet for meeting on January 9, 2018 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 01/09/18 • Minutes of the meeting on 12/07/17 • ICPD General Orders 05-01 (Persons with Mental Illness) • ICPD General Orders 99-08 (Body Worn Cameras and In Car Recorders) • Office Contacts — December 2017 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 COMMUNITY POLICE REVIEW BOARD Tuesday, January 9, 2018 — 5:30 p.m. HELLING CONFERENCE ROOM 410 E. Washington Street ITEM NO. 1 CALL TO ORDER and ROLL CALL ITEM NO. 2 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED • Minutes of the meeting on 12/07/17 • ICPD General Orders 05-01 (Persons with Mental Illness) • ICPD General Orders 99-08 (Body Worn Cameras and In Car Recorders) ITEM NO. 3 NEW BUSINESS • Community Forum Discussion ITEM NO. 4 OLD BUSINESS • Proposed Ordinance Change Discussion ITEM NO. 5 PUBLIC DISCUSSION ITEM NO. 6 BOARD INFORMATION ITEM NO. 7 STAFF INFORMATION ITEM NO. 8 TENATIVE MEETING SCHEDULE and FUTURE AGENDAS • February 13, 2018, 5:30 p.m., Helling Conference Rm • March 13, 2018, 5:30 p.m., Helling Conference Rm • April 10, 2018, 5:30 p.m., Helling Conference Rm • May 8, 2018, 5:30 p.m., Helling Conference Rm ITEM NO. 9 ADJOURNMENT If you will treed disability -related acconitraodations in order to participate in this program/event, please contact Kellie Fruehling at 319-356-5043, kellie fi-atehling aliovva-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. DRAFT COMMUNITY POLICE REVIEW BOARD MINUTES — December 7, 2017 CALL TO ORDER: Chair Orville Townsend called the meeting to order at 5:30 P.M. MEMBERS PRESENT: Monique Green, Donald King, David Selmer MEMBERS ABSENT: Mazahir Salih STAFF PRESENT: Staff Kellie Fruehling/Chris Olney OTHERS PRESENT: Iowa City Police Chief Matherly RECOMMENDATIONS TO COUNCIL (1) Accept CPRB #17-03 (2) Accept CPRB #17-04 CONSENT CALENDAR Motion by King, seconded by Green to adopt the consent calendar as presented or amended. Minutes of the Meeting on 11/14/2017 Office Contacts November 2017 Motion carried, 410, Salih absent. NEW BUSINESS None OLD BUSINESS Proposed Ordinance Discussion, King mentioned that if the Board wanted to look at trying to change legislation they could use resources available from (NACOLE) National Association for Civilian Oversight of Law Enforcement which provides information regarding civilian oversight in law enforcement nationwide. Further discussion on this topic was deferred to the next meeting when Legal Counsel is present. PUBLIC DISCUSSION None BOARD INFORMATION None STAFF INFORMATION Olney noted that there is a voluntary training opportunity being offered for City Board and Commission Members. The training will cover Open Meetings Law, Public Records Law and Robert's Rules of Order. EXECUTIVE SESSION Motion by King, seconded by Green 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 CPRB Dec 07, 2017 Page 2 DRAFT or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 4/0, Salih absent. Open session adjourned at 5:37 P.M. REGULAR SESSION Returned to open session at 6:21 P.M. Motion by Green, seconded by King to accept CPRB Complaint #17-03 and CPRB Complaint #17-04 as amended and forward reports to City Council Motion carried, 4/0, Salih absent. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subiect to change) January 9, 2018, 5:30 PM, Helling Conference Rm February 13, 2018, 5:30 PM, Helling Conference Rm March 13, 2018, 5:30 PM, Helling Conference Rm April 10, 2018, 5:30 p.m. Helling Conference Rm ADJOURNMENT Motion for adjournment by King, seconded by Green. Motion carried, 4/0, Salih absent. Meeting adjourned at 6:23 P.M. COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319) 356-5041 December 7, 2017 To: City Council '- i C3 .. Complainant -"i: r coCity Md... Manager �� r Equity Director .,r. Chief of Police Officer(s) involved in complaint - .xa From: Community Police Review Board Re: Investigation of CPRB Complaint #17-03 This is the Report of the Community Police Review Board's (the "Board") review of the investigation of Complaint CPRB #17-03. BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, the Board's responsibilities are as follows: 1. The Board forwards all complaints to the Police Chief, who completes an investigation. (Iowa City Code Section 8-8-7(A).) 2. When the Board receives the Police Chiefs report, the Board must select one or more of the following levels of review, in accordance with Iowa City Code Section 8-8-7(B)(1): a. On the record with no additional investigation. b. Interview /meet with complainant. c. Interview /meet with named officer(s) and other officers. d. Request additional investigation by the police chief, or request police assistance in the board's own investigation. e. Perform its own investigation with the authority to subpoena witnesses. f. Hire independent investigators. 3. In reviewing the Police Chiefs report, the Board must apply a "reasonable basis" standard of review. This means that the Board must give deference to the Police Chiefs report, because of the Police Chiefs professional expertise. (Iowa City Code Section 8-8-7(B)(2).) 4. According to Iowa City Code Section 8-8-7(B)(2), the Board can recommend that the Police Chief reverse or modify the Chiefs findings only if: a. The findings are not supported by substantial evidence; or 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. 5. When the Board has completed its review of the Police Chiefs report, the Board issues a public report to the city council. The public report must include: (1) detailed findings of fact; and (2) a clearly articulated conclusion explaining why and the extent to which the complaint is either "sustained" or "not sustained ". (Iowa City Code Section 8-8-7(B)(3).) 6. Even if the Board finds that the complaint is sustained, the Board has no authority to discipline the officer involved. BOARD'S PROCEDURE The Complaint was initiated by the Complainant on July 5, 2017. 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 October 3, 2017. The Board voted on November 14, 2017 to apply the following Level of Review to the Chiefs Report: On the record with no additional investigation, pursuant to Iowa City Code Section 8-8-7(B)(1)(a). The Board met to consider the Report on November 14, 2017 and December 7, 2017. Prior to the November 14, 2017 meeting, the Board reviewed audio or video recordings of the incident. FINDINGS OF FACT On June 25, 2017 the Complainant came to the Police department to report he had been threatened and assaulted by a neighbor. Officer A interviewed the Complainant and witnesses regarding an allegation of assault and threats at an apartment complex. The Officer listened to all of their accounts and did not find sufficient evidence to file charges. ALLEGATION 1 — Discrimination. Upon review of audio and video recordings in Incident 17-03, the Board found no evidence of discrimination by Officer A against the Complainant. Allegation 1: Not sustained COMMENTS None. `�,f: 6 i 'AI13 VM0i SZ : 14d 8- 338 i of G311 COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319)356-5041 December 7, 2017co 4 _+ To: City Council _ ;� M Complainant City Manager Equity Director ;� Chief of Police Officer(s) involved in complaint From: Community Police Review Board Re: Investigation of CPRB Complaint #17-04 This is the Report of the Community Police Review Board's (the "Board") review of the investigation of Complaint CPRB #17-04. BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, the Board's responsibilities are as follows: 1. The Board forwards all complaints to the Police Chief, who completes an investigation. (Iowa City Code Section 8-8-7(A).) 2. When the Board receives the Police Chiefs report, the Board must select one or more of the following levels of review, in accordance with Iowa City Code Section 8-8-7(B)(1): a. On the record with no additional investigation. b. Interview /meet with complainant. c. Interview /meet with named officer(s) and other officers. d. Request additional investigation by the police chief, or request police assistance in the board's own investigation. e. Perform its own investigation with the authority to subpoena witnesses. f. Hire independent investigators. 3. In reviewing the Police Chiefs report, the Board must apply a "reasonable basis" standard of review. This means that the Board must give deference to the Police Chiefs report, because of the Police Chiefs professional expertise. (Iowa City Code Section 8-8-7(B)(2).) 4. According to Iowa City Code Section 8-8-7(B)(2), the Board can recommend that the Police Chief reverse or modify the Chiefs findings only if: a. The findings are not supported by substantial evidence; or 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. 5. When the Board has completed its review of the Police Chiefs report, the Board issues a public report to the city council. The public report must include: (1) detailed findings of fact; and (2) a clearly articulated conclusion explaining why and the extent to which the complaint is either "sustained" or "not sustained ". (Iowa City Code Section 8-8-7(B)(3).) 6. Even if the Board finds that the complaint is sustained, the Board has no authority to discipline the officer involved. BOARD'S PROCEDURE The Complaint was initiated by the Complainant on August 8, 2017. 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 October 30, 2017. The Board voted on November 14, 2017 to apply the following Level of Review to the Chiefs Report: On the record with no additional investigation, pursuant to Iowa City Code Section 8-8-7(B)(1)(a), The Board met to consider the Report on November 14, 2017 and December 7, 2017. Prior to the November 14, 2017 meeting, the Board reviewed audio or video recordings of the incident. FINDINGS OF FACT On July 29,2017 the Complainant called the police to report an arson at his apartment. The Complainant stated that his neighbor set his flowerpot on fire. After carefully checking the flowerpot, Officer A did not believe any fire was intentionally set and tried to explain to the Complainant about what he felt happened and that he would not be investigating any further. Officer A did enter the incident into the Call for Service system (CFS). ALLEGATION 1 — Discrimination. After reviewing video and audio worn by Officer A, the Board found no evidence of discrimination against the Complainant and that Officer A had entered the incident into the CFS and therefore submitted a report. The Complainant alleged Officer A failed to summon emergency medical services and left him alone during his medical emergency. After reviewing audio and video worn by Officer A, the Board found no evidence that the Complainant ever mentioned to the Officer he was having an immediate medical problem. The Complainant did mention a future operation, but since nothing was immediate the Officer's response was appropriate. Allegation 1: Not sustained COMMENTS None. o 'kilo f fed 8— �30 t{9Z 03 11A COMMUNITY POLICE REVIEW BOARD ATTENDANCE RECORD YEAR 2016-2017 TERM 11/7 11115 1215 1/10 4/12 5/9 7/11 7/31 8/8 8/29 9/12 10/10 11/14 NAME EXP. 12/7 Joseph 7/1/17 X X X X XO/ Treloar T2/143/14� - EMaahr1/21XOXX X O/ X X Salih X X X X X O/E E Donald 7/1i19 O/E O/E O/E O/E O/E X X X X X X X Bing X X X X Monique Green 7/]/20 X X X X X X X X X O/E X X X X X X Orville Townsend 7/1/20 X X X X X X X X X X X X X X X X David 9/1/21 Selmer X WE X X O X O/E KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting --- — Not a Member OPS-07.1 Persons With Mental Illness Original Date of Issue General Order Number August 15, 2005 05-01 Effective Date of Reissue Section Code December 5, 2017 1 OPS-07 Reevaluation Date Amends December 2020 1 OPS-07 Previous Version C.A.L. E.A. Reference 1.2.6, 41.2.7 (see "INDEX AS: INDEX AS: ® ° 5� Go. Use of Force Arrests DEC 0 8 2017 Discretion Mental Illness City Clerk Prisoner Transport Iowa City, Iowa PURPOSE The purpose of this policy is to provide guidance when a person with a suspected mental illness has contact with members of the Iowa City Police Department. POLICY Department personnel shall afford people with mental illnesses the same rights, dignity and access to police services provided to all citizens. The Americans with Disabilities Act (ADA) requires equal treatment for people with disabilities in all state and local government services, including law enforcement. The ADA requires law enforcement agencies to make reasonable adjustments and modifications in policies, practices, or procedures. If a person exhibits symptoms of mental illness, personnel may need to modify routine practices and procedures by taking more time and showing more sensitivity to extend services or protections. This policy is intended to address the most common types of interactions with mentally ill persons and provide guidance to department personnel when dealing with such individuals. FILE!) OPS-97.2 DEC 0 8 1017 III. DEFINITIONS City Clerk fowa City, Iowa A. Mental Illness: Under Iowa Code §229.1(8), mental illness means every type of mental disease or mental disorder, except that it does not refer to mental retardation as defined in Iowa Code §222.2(5), or to insanity, diminished responsibility, or mental incompetency as the terms are defined and used in the Iowa criminal code or in the rules of criminal procedure, Iowa court rules. B. Seriously Mentally Impaired or Serious Mental Impairment: Under Iowa Code §229.1(16), Seriously Mentally Impaired or Serious Mental Impairment describes the condition of a person with mental illness and because of that illness lacks sufficient judgment to make responsible decisions with respect to the person's hospitalization or treatment, and who because of that illness meets any one of the following criteria: (a) Is likely to physically injure the person's self or others if allowed to remain at liberty without treatment; (b) Is likely to inflict serious emotional injury on members of the person's family or others who lack reasonable opportunity to avoid contact with the person with mental illness if the person with mental illness is allowed to remain at liberty without treatment; or (c) Is unable to satisfy the person's need for nourishment, clothing, essential medical care, or shelter so that it is likely that the person will suffer physical injury, physical debilitation, or death. C. Applicable Employees: Those employees of the Iowa City Police Department, in addition to sworn officers, who are reasonably likely to interact with persons suffering from mental illness during the course of their regular duties. Applicable employees include Community Service Officers, Station Masters, Records Personnel, and Animal Services. IV. PROCEDURES A. GUIDELINES FOR THE RECOGNITION OF PERSONS SUFFERING FROM MENTAL ILLNESS. The following are generalized signs and symptoms of behavior that may suggest mental illness although officers and applicable employees should not rule out other potential causes such as reactions to narcotics or alcohol or temporary emotional disturbances that are situational motivated. Officers and applicable employees should evaluate the following and related symptomatic behavior in the total context of the situation when making judgments about an individual's mental state and the need for intervention. Degree of Reactions — Mentally ill persons may show signs of strong and unrelenting fear of persons, places, or things. 2. Appropriateness of Behavior —A mentally ill individual may demonstrate extremely inappropriate behavior for a given context. OPS-07.3 Extreme Rigidity or Inflexibility —A mentally ill individual may be easily frustrated in new or unforeseen circumstances and may demonstrate inappropriate or aggressive behavior in dealing with the situation. 4. In addition, a mentally ill person may exhibit one or more of the following characteristics: a. Abnormal memory as to such common facts as name or address. b. Delusions — the belief in thoughts or ideas that are false, such as delusions of grandeur or paranoia. c. Hallucinations of any of the five senses (e.g. hearing voices, feeling one's skin crawl, smelling strange odors, etc.) d. The belief that one suffers from extraordinary physical maladies or abilities that are not possible. e. Extreme fright or depression. FILED B. GUIDELINES FOR OFFICERS ENCOUNTERING MENTALLY ILL " 2017 SUBJECTS. City Clerk iowa City, Iowa Should an officer determine that an individual may be mentally ill and a potential threat to himself, the officer, or others, or may otherwise require law enforcement intervention the following steps should be taken. Request a backup officer, and always do so when an individual will be taken into custody. Take steps to calm the situation. Assume a quiet non -threatening manner when approaching or conversing. Where violence or destructive acts have not occurred, avoid physical contact and take time to assess the situation. 3. Move slowly and do not excite the disturbed person. Provide reassurance that the police are there to help and that appropriate care will be provided. 4. Talk with the person and try to determine what is bothering them. When possible and appropriate, obtain information from others that may assist in communicating with and calming the person. Do not verbally threaten the individual with arrest or other action, as this will create additional fright, stress and potential aggression. 6. Avoid topics that may agitate the person. Always attempt to be truthful with a mentally ill individual. If the person becomes aware of a deception, they may withdraw from the contact in distrust and become hypersensitive or retaliate in anger. OPS-07.4 8. Alternatives to arrest should be considered to ensure the best treatment options are used. C. PROCEDURES FOR ACCESSING COMMUNITY MENTAL HEALTH RESOURCES. Based on the overall circumstances and the officer or applicable employee's judgment of the potential for violence, the officer or applicable employee may provide the individual and family members with referrals on available community mental health resources. Officers may take custody of the individual in order to seek an involuntary emergency evaluation. 1. Make mental health referrals when, in the best judgment of the officer, circumstances do not indicate that the individual must be taken into custody for their own protection or for the protection of others. When the officer reasonably determines that a subject is mentally ill, and because of that illness may be a danger to themselves or to others, the subject shall be transported to University of Iowa Hospitals and Clinics Emergency Treatment Center for evaluation. If the individual is cooperative and agreeable with this decision, this action may be taken on a voluntary basis. If the person is uncooperative, and the officer has reasonable grounds to believe that the mentally ill person is likely to physically injure the person's self or others if not immediately detained, the officer may without warrant take or cause that person to be taken to the University of Iowa Hospitals and Clinics pursuant to Iowa Code §229,22. 3. Once a decision has been made to take an individual into custody, do it as soon as possible to avoid prolonging a potentially volatile situation. Remove any dangerous weapons from the immediate area and pat the subject down. For non -criminal transport, the officer will decide if the use of restraints is warranted. Using restraints on mentally ill persons can aggravate their aggression however officers should take those measures necessary to protect their own safety. 4. The hospital should be notified of the pending arrival particularly if the person is violent or extremely uncooperative. 5. On arrival at the hospital, the officer shall, either in person or by written report, describe the circumstances leading to the detentio :af the mentally ill person to the examining physician and appropriate staff. ED 6. Subjects taken to the hospital for evaluation will not be left uni�e�,� until authorized personnel of the hospital indicate there is no longer a need for law enforcement presence. 7 The involved officer will prepare a report regardless if it is a voluntary or involuntary commitment. OPS-07.5 D. TRAINING Officers and applicable employees shall receive documented initial and ongoing training regarding interaction with persons suspected of suffering from mental illness. Documented refresher training shall take place at least every three years. Jody Matherly, 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. F I n�c 0 s 1017 City Clerk ;owa City, Iowa OPS-12.1 A IN -CAR Original Date of Issue General Order Number July 30, 1999 99-08 Effective Date of Reissue Section Code December 6, 2017 1 OPS-12 Reevaluation Date Amends December 2019 1 OPS-12 Previous Version (2013) C.A.L. E.A. Reference 41.3.8 see "INDEX AS:" INDEX AS: Use of Force Traffic Stops DEG p g 1.t111 Internal Investigations Recording Devices Evidence In -car Recorders City Ciefk Evaluations Body Worn Cameras (BWC) rowa City, low? I. PURPOSE The purpose of this policy is to identify when recording devices should be used 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 that all members serving a patrol or investigative function, to include road CSOs and Animal Control Officers, be required 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. 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 unauthorized playing or copying of any video is prohibited. OPS-12.2 IV 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 worn cameras (BWC) of a type selected and issued by the Department, are cameras worn on an individual officer's person that record and store audio, video and metadata evidence. PROCEDURES The Iowa City Policy Department has adopted the use of the recorders to accomplish several objectives. The primary objE follows: 1. 2. pEG p B 1.V BWC and in-q ctives Era,y,loa BWCs and in -car recorders allow for accurate documentation of police - public contacts, arrests, and critical incidents. They also serve to enhance the accuracy of officer reports and testimony in court. Audio and video recordings also enhance the Iowa City Police Department's ability to review probable cause for arrest, officer and suspect interaction, and evidence for investigative and prosecutorial purposes and to provide additional information for officer evaluation and training. 3. The BWC and in -car recorders may also be useful in documenting crime and accident scenes or other events that include the confiscation and documentation of evidence or contraband. The Commander of Administrative Services 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 Administrative Services 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 service until repaired. If an employee who is not trained in the use of the in -car recorder is assigned to a vehicle containing one, they should notify a supervisor at the conclusion of the assignment. The supervisor shall then assign identity to that portion of the video not identified. Officers are not required to inform the person(s) that the recording equipment is in use, however, it may be advantageous to do so to de-escalate a situation and possibly reduce the need to use force. People generally are on their best behavior when they know they are being recorded. Officers shall disclose the use of a video recorder upon inquiry. OPS-12.3 OPERATION OF THE RECORDING APPARATUS In -car Recording Apparatus Officers shall inspect and test the in -car recording system prior to each shift in order to verify proper functioning and shall notify their supervisor of any problems. In -car audio/visual recording units will be installed such that they are activated when:, 1. turning on emergency lights 2. turning on siren 3. manual activation by pushing the ® record button b �p11 4. manual activation by remote voice link button G1ecK 5. excessive speed with no lights or siren 00 G1tiy ko%Na 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 manuallv activate their recordin equipment on calls for service and on self -initiated field activitv if it involves an encounter with a person. The in -car recorder 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 recorder system immediately upon being involved in a motor vehicle crash. It is recommended that officers give consideration to activating the in -car recorder 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 unless allowed under this policy. When a recording is going to be made inside the Department by one of the OWI or interview room cameras, the in -car recorder may be deactivated while escorting the person into the Department as long as the BWC is activated. When leaving the Department, if still in the presence of the person, the in -car recorder shall be reactivated during transport of any person. When the recording is stopped, the in -car recorder system will allow a priority to be set. The following priorities are available: Priority 1 = normal recordings, traffic stops etc. Priority 2 = officer marking for personal review Priority 3 = file to be saved as evidence Priority 4 = OWI Priority 5 = for supervisor review Body Worn Cameras (BWC) OPS-12.4 When responding to a call for service officers shall activate the BWC prior to arriving on scene or at the first opportunity to safely do so. Additionally, officers shall activate the BWC at the initiation of any other law enforcement or investigative encounter between a police officer and a member of the public to include: Stops (including traffic stops), frisks, searches, arrests, consensu interviews and searches, enforcement actions of all kinds, and any encourtt- that becomes in any way hostile or confrontational. The BWC shralh be activated when a firearm is used to destroy an animal. vEt 0 P 'tu1� Exceptions to this requirement include interviews with victims of sexual, ast'ault, domestic abuse, or other sensitive crimes, or the recording of witnesses wh%`�a e concerned about retaliation if they are seen as cooperating with '&8$olice. Officers' may also use their discretion during routine and casual situations such as officers on foot or bike patrol who wish to converse with neighborhood residents and where turning on a video camera could make the encounter seem officious and may make the person reluctant to speak with the officer. Officers may also deactivate their BWC during the following types of situations: In locations where individuals have a reasonable expectation of privacy, such as a residence, they may decline to be recorded unless the recording is being made pursuant to an arrest or search of the residence or the individuals or other enforcement action is occurring in such a location. The BWC shall remain activated until the event is completed in order to ensure the integrity of the recording unless the contact moves into an area restricted by this policy. Once an officer has finished investigating a collision and the involved parties have been released, the officer may deactivate the BWC prior to clearing the call to complete any paperwork. If an officer responds to assist with traffic control at the scene of a collision, fire or similar incident, the officer may deactivate the BWC as long as there is no interaction with persons or that interaction has ended. While on a tow call or issuing a parking citation as long as there is no interaction with persons or that interaction has ended and after capturing any violation or damage with the BWC. NOTE: The recording must be longer than 60 seconds in order for it to be accepted into the video system. Animal control calls (unless a firearm is used) as long as there is no interaction with persons or that interaction has ended. Other calls where there is no further interaction with persons or that interaction has ended, for example, an OWI investigation where the person has been taken to jail or otherwise released and the officer still has additional paperwork. OPS-12.5 When a recording is going to be made inside the Department by one of the OWI or interview room cameras, officers shall only deactivate their BWC after the appropriate room video system has been activated to avoid any lapses in recording. When leaving the Department, if still in the presence of the person, the BWC shall be reactivated prior to deactivating the OWI and interview room cameras to avoid any lapses in recording. If at any point during these types of calls any of the previously listed situations occur where a BWC is required, the BWC shall be reactivated. The above list is to serve as a guide and is not intended to be all inclusive. If in doubt, record it. If an officer fails to activate the BWC, fails to record the entire contact, or interrupts the recording, the officer shall document why a recording w- made, was interrupted, or was terminated. This is to include muting iWer d . A brief statement in the recorder prior to the interruption shall loe-s.U�tci�rif documentation. Procedures for BWC Use C C1et� �a Officers shall inspect and test the BWC prior to each shift in ordef-b'verify proper functioning and shall notify their supervisor of any problems. Officers who are assigned BWC equipment shall use the equipment unless otherwise authorized by supervisory personnel. Police personnel shall use only BWCs issued by this department. The BWC equipment and all data, images, video, and metadata captured, recorded, or otherwise produced by the equipment is the sole property of the agency. Police personnel who are assigned BWCs must complete an agency approved and/or provided training program to ensure proper use and operations. Additional training may be required at periodic intervals to ensure the continued effective use and operation of the equipment, proper calibration and performance, and to incorporate changes, updates, or other revisions in policy and equipment. BWC equipment is the responsibility of individual officers and will be used with reasonable care to ensure proper functioning. Equipment malfunctions shall be brought to the attention of the officer's supervisor as soon as possible so that a replacement unit may be procured. The BWC shall be worn on the officer's chest with clear view to the front (not blocked by clothing or other equipment) and properly oriented. Procedures for Both In -car Recorder and BWC Use OPS-12.6 Officers shall not edit, alter, erase, duplicate, copy, share, or otherwise distribute recordings in any manner without prior written authorization and approval of the Chief of Police or his or her designee. Officers are encouraged to inform their supervisor of any recordings that may be of value for training purposes. Requests for deletion of portions of the recordings (e.g., in the event of a personal recording) must be submitted in writing and approved by the Chief of Police or his or her designee. All requests and final decisions shall be kept on file. Officers shall note in their incident, arrest, and related reports when recordings were made during the incident in question. However, BWC recordings are not a replacement for written reports. Restrictions on Using the In -car Recorder or BWC In -car recorders and BWCs shall be used only in conjunction with fficial law enforcement duties and shall not be used to record the following: UtC Q g Gott • Encounters with undercover officers or confidential informants_;M 1ecK a �o�a City, IoW • When on break or otherwise engaged in personal activities. • Communications with other police personnel without the permission of the Chief of Police. • Unless in the scope of officers' official duties and with an articulable reason, officers will not use their in -car recorder or BWCs in any location where individuals have a reasonable expectation of privacy, such as a restroom or locker room. Storage and Release All files shall be securely downloaded periodically and no later than the end of each shift. Each file shall contain information related to the date, in -car recorder or BWC identifier, and assigned officer. All images and sounds recorded by the in -car recorder or BWC equipment are the exclusive property of the Iowa City Police Department. Accessing, copying, or releasing files for non -law enforcement purposes is strictly prohibited. All access to in -car recorder or BWC files must be specifically authorized by the Chief of Police or their designee, and all access is to be logged and available for audit to ensure that only authorized users are accessing the data for legitimate and authorized purposes. OPS-12.7 Files shall be securely stored for a period three years. After three years, the video system will automatically prevent the ability to restore a backed up video to live status. Then, on a quarterly basis, the Property and Evidence Custodian or designee will destroy all backed up files that reside on physical storage such as DVD and Blu-ray discs that have reached their retention limits. A listing of the destroyed discs will be forwarded to the Commander of Administrative Services. Files needed as evidence or for some other articulable purpose will be separately retained. Primary Officer Responsibilities The primary officer shall, at the end of their investigative narrative under a separate heading, list all officers that made recordings at any time of the incident. Officers who are not assigned as the primary officer shall make the primary officer aware of any recordings they made during the incident. ?, �- �o Gt4 0 Supervisory Responsibilities �iy C1e4 W At least on a semi-annual basis (Jan-Jun/Jul-Dec), supervisors will randomly' review two in -car or BWC recordings of each employee under their supervision to ensure that the equipment is operating properly and that officers are using the devices appropriately and in accordance with policy and to identify any areas in which additional training or guidance is required. On January 1s� and August 1St of each year, each Watch Commander, Lieutenant of Investigations and Animal Control Supervisor, shall forward to the Commander of Field Operations the information on the prescribed form (Appendix A). "Randomly, for the purpose of this policy, means videos randomly selected that are not already being reviewed for another purpose. Media Card Control Normally, video for the in -car recorders is downloaded wirelessly through a secured wireless connection. In the case of failure of that system, the video files will need to be downloaded manually. In -car recorder videos are captured on media cards on a recorder located in each vehicle. The media cards are secured within the recorder to which only supervisors have access via key. Spare media cards and keys to the recorders are available only to supervisors. The recorder activates a warning for the operator when the media card is nearing capacity. A supervisor shall be notified who will then replace the media card. The media card is then uploaded to the server by the supervisor. Once the upload is complete the files are automatically erased from the card. The media card is then available for re -use. BWCs have no user removable media cards and are downloaded by use of a docking station. If the video contains documentation of a use of force, the fact that there is a video should be included in the Use of Force Report form. In instances where OPS-12.8 there is a complaint against a member of the department, the supervisor receiving the complaint shall ascertain if the event in question was recorded. Video files are stored on the server located within the Police Department. Backup DVD's and/or Blu-ray discs (BD) are created automatically when there is enough data to fill a disk. Files that are tagged as evidence or for review will be kept live and accessible on the server for a period of 1 year. Files not tagged as evidence 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/BD. All backup disks are stored in the evidence room and under the control of the Evidence Custodian. Only the Evidence Custodian, the Commander of Support Services, the Commander of Field Operations, and the Chief of Police are authorized to remove disks from the storage area. Jody Matherly, 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. L;1eCK- c `y \owa its, COMMUNITY POLICE REVIEW BOARD OFFICE CONTACTS December 2017 Date Description None.