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HomeMy WebLinkAbout02-13-2018 Community Police Review BoardMEMORANDUM REVISED COMMUNITY POLICE REVIEW BOARD RE Y ISED A Board of the City of Iowa City DATE: February 9, 2018 TO: CPRB Members FROM: Chris Olney RE: Board Packet for meeting on February 13, 2018 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 02/13/18 • Minutes of the meeting on 01/09/18 • ICPD General Orders 07-02 (Detainee Processing) • ICPD General Orders 99-03 (Prisoner Transport) • ICPD General Orders 01-01 (Bias -Based Policing) • Memo Proposed Changes • Draft Community Forum Information • Office Contacts — January 2018 • Updated Member Contact List • Complaint Deadlines 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, February 13, 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 01/09/18 • ICPD General Orders 07-02 (Detainee Processing) • ICPD General Orders 99-03 (Prisoner Transport) • ICPD General Orders 01-01 (Bias -Based Policing) ITEM NO. 3 NEW BUSINESS ITEM NO.4 OLD BUSINESS • Proposed Ordinance Change Discussion • Community Forum 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 • March 13, 2018, 5:30 p.m., Helling Conference Rm • April 10, 2018, 5:30 p.m., Helling Conference Rm • April 23, 2018, 6:00 p.m., IC Library (Community Forum) • May 8, 2018, 5:30 p.m., Helling Conference Rm ITEM NO. 9 ADJOURNMENT ff you will need disability -related accommodations in order to participate in this program/event, please contact Kellie Fruehling at 319-356-5043, hellie-fruehlingCiowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. DRAFT COMMUNITY POLICE REVIEW BOARD MINUTES — January 09, 2018 CALL TO ORDER: Chair Townsend called the meeting to order at 5:30 P.M. MEMBERS PRESENT: Monique Green, David Selmer, Orville Townsend MEMBERS ABSENT: Don King STAFF PRESENT: Legal Counsel Pat Ford, Staff Chris Olney STAFF ABSENT: OTHERS PRESENT: Iowa City Police Chief Matherly RECOMMENDATIONS TO COUNCIL None. CONSENT CALENDAR Motion by Green, seconded by Selmer, to adopt the 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 Camera and In Car Recorders) Motion carried, 3/0, King Absent. NEW BUSINESS Community Forum Discussion — Olney reminded the Board of the annual community forum. In previous years it was held in April and there was usually a discussion topic or presentation. Green suggested to have a Police Department Representative be involved in the forum. Possibly to have a presentation or introduction of the Community Relations/Downtown Liaison Officer. At past forums community members had questions that were more police related policies/procedures and the board was not able to respond. Chief Matherly offered to have the Police Department give a presentation and be available for questions. The Board agreed to hold the forum at the public library on Monday April 23, 6:00 P.M. The specific forum topic and agenda would be discussed at the next regular meeting. OLD BUSINESS Proposed Ordinance Change Discussion - The Board discussed conducting future meetings with the Police Chief to better open communications channels regarding concerns or issues. It would also be beneficial to the Board to understand the Police Training Policy and procedures. Police Chief stated he is willing to provide training information and to be available for future meetings. Selmer agreed to draft points of concerns and suggestions for the next meeting. January 9, 2018 Page 2 PUBLIC DISCUSSION None. BOARD INFORMATION None. STAFF INFORMATION Legal Counsel Ford asked Police Chief Matherly if it would be possible to see a red line version of the changes that are made to the revised General Orders. Chief Matherly will send a copy showing changes in the future. City Clerk Fruehling will be the staff representative at the next meeting as Olney will be absent. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • February 13, 2018, 5:30 PM, Helling Conference Rm • March 13, 2018, 5:30 PM, Helling Conference Rm • April 10, 2018, 5:30 PM, Helling Conference Rm • April 23, 2018, 6:00 PM, IC Library Meeting Rm A (Community Forum) • May 8, 2018, 5:30 PM, Helling Conference Rm ADJOURNMENT Motion for adjournment by Selmer, seconded by Green. Motion carried, 3/0, King Absent. Meeting adjourned at 6:00 P.M. COMMUNITY POLICE REVIEW BOARD ATTENDANCE RECORD YEAR 2017-2018 (Meeting Date) TERM 1/10 1114 3114 4111 519 818 8129 9112 ]0/10 ll/14 12I7 1/9118 NAME EXP. 71 Joseph 7/1/17 X X X X O/ --- --- --- Treloar E Mazahir 7/1/21 X X 0/ X O/ X X X X X X X O/E --- Salih E E Donald 7/1/19 O/E O/E X X X X X X X X X X X O King Monique 7/1/20 X X X X X X O/E X X X X X X X Green Orville 7/l/20 X X X X X X X X X X X X X X Townsend David 9/1/21 --- --- --- --- --- X O/E X X O X O/E X Selmer KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting --- = Not a Member OPS 21.1 DETAINEE Original Date of Issue General Order Number September 27, 2007 07-02 Effective Date of Reissue Section Code January 8 2018 1 OPS-21 Reevaluation Date Amends / Cancels January 2019 1 OPS-21 Previous Version (2008) C.A.L.E.A. Reference Chapter 42,71 I. PURPOSE The purpose of this order is to define the areas of the Iowa City Police Department where Detainee Processing is to occur. It is also the goal of this policy to establish parameters for officers to follow while processing detainees at 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 Al be maintained with this goal in mind. , 0M.M.1 III. DEFINITIONS = rYr, Detainee: A person in the custody of agency personnel and whose`_-fr66ddrRi 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. M PROCEDURES A. Documentation :>a, Whenever a detainee is brought to the Iowa City Police Departn egfoG temporary detention, at a minimum, a radio log will reflect the namb';of the detainee, their age, the reason being detained and the time the p0xson® arrived. Whenever such person is released, that time will be reflected Rthe radio log. The intent of this paragraph is to document the length of time' persons are held in temporary detention. B. Stationmaster/Dispatcher Responsibilities Station masters shall monitor (audio and video) the detention areas when detainees are being processed. When a detainee is brought to the Police OPS 21.3 Department, they shall record within the call log the detainee's name, date of birth, reason for detention (OWI processing, fingerprinting and/or investigative) and the date and time out at the facility. If a fixed object is used to secure a detainee, the station master 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, station masters shall inform other officers not to enter until those tests are complete. Officers that are with a detainee in the processing area shall activate the exterior light indicating such. Officers shall not enter the processing area from Gilbert Street if this light is activated. 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 shall secure detainees to fixed objects designed for such use. Exceptions to this include, SFTS processing, OWI processing, DIRE exams, fingerprinting or other booking needs, when a detainee is being interviewed as part of an on -going investigation, and/or unless doing so would hinder further investigation. Examples of authorized fixed objects to be used when securing a detainee include cuff rails, bars or bolts, and chairs or benches designed to cuff detainees to. Detainees shall not be handcuffed to anii object not so designed as a means of preventing escape. If a deraineele secured to a fixed object, the officer shall notify the station master 6 theaime the detainee is secured in the station and the time the detainee i.sf.etea,%ed ins station. The station master shall then enter the appropriate unit status c9bes to the call for service. ZE7 �. CJ 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. OPS 21.4 Securi A. Weapons Control Firearms weapons are not permitted into any space actively being used as a temporary detention area. Prior to removing handcuffs from the detainee, firearms will be secured in the lockboxes maintained for that purpose in the detention/processing areas. Exceptions to this include an emergency alarm activation or any other indication of an emergency need in the detainee processing area. Conductive energy devices, chemical irritants, and striking batons are permissible in spaces actively being used as a temporary detention area. B. Emergency Alarms All officers working in the processing area shall be equipped with a portable radio. That radio shall be operational and shall always be within reach of the 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 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 pe[son`iel with reason to be there may enter or remain in that area after sedrirtng tl it firearm in a lock box. If the hallway off the Gilbert Street entrance=i-acti ty being used for sobriety tests, officers without prisoners or causeo:be irEie f" area and other employees shall enter by an alternate route. OtheCoffiC V 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. When conducting interviews or interrogations, only one person should be interviewed by no more than 2 officers in any given situation. D. Escape Prevention In order to limit the risk of escape the following precautions should be followed: - Handcuffs shall remain applied when feasible - The detainee should be seated away from doors and windows - Sufficient personnel should be present to physically prevent escape OPS 21.5 Detainees shall be secured to authorized fixed objects except for any of the following: SFTS processing, OWI processing, DRE exams, fingerprinting or other booking needs, when a detainee is being interviewed as part of an on -going investigation, and/or unless doing so would hinder further investigation. E. Constant Supervision Detainees will be under constant supervision. This includes visual and audio 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 by 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 where this requires the detainee to be removed from the temporary detention area, the detainee will be escorted at all times by at least one officer. Not including the intoxilyzer processing room, besides basic seatinig arita J writing surface, other items in the room should be restricted to a teleph"e, - writing supplies, a computer work station and/or recording equipment. `71 Inspections;^" ». Areas that may be used as temporary detention areas will be inspected -on a weekly basis by the Captain of Administrative Services or designee. This inspection will be for cleanliness and to determine if any unsafe conditions are developing. On an annual basis 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. 7• - 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 administrative sanctions. c Nt r Y Redline Version Red highlights are deletions Green highlights are additions OPS 21.1 DETAINEE PROCESSING Original Date of Issue General Order Number September 27 2007 07-02 Effective Date of Reissue Section Code September, 2017 1 OPS-21 Reevaluation Date Amends/Cancels September 2018 1 OPS-21 Previous Version 2008 C.A.LEA. Reference Chapter 71 I. PURPOSE The purpose of this order is to define the areas of the Iowa City Police Department where Detainee Processing is to occur. It is also the goal of this policy to establish parameters for officers to follow while processing detainees at the Department. II. POLICY It is the policy of the Iowa City Police Department to process tempo -- detainees in a safe and efficient manner. Facilities used for process_ �n sftall bei maintained with this goal in mind. ca 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 e� C3 C rn Whenever a detainee is brought to the Iowa City Police DepartMOPor temporary detention, at a minimum, a radio log will reflect the na wpf t detainee, their age, the reason being detained and the time the peon-" arrived. Whenever such person is released, that time will be refjLc"bted ibthe radio log. The intent of this paragraph is to document the length of time persons are held in temporary detention. B. Stationmaster/Dispatcher Responsibilities shall monitor_ detention areas when detainees are being processed. When a OPS 21.3 detainee is brought to the Police Department, they shall record within the call log the detainee's name, date of birth, reason for detention (OWI processing, fingerprinting and/or investigative) and the date and time out at the facility. If a fixed object is used to secure a detainee, the station master - 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, shall inform other officers not to enter until those 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 benches designed to cuff detainees to. Detainees shall not be any object not so designed as a means of preventing escape. secured to a fixed object, the officer shall notify the Co of the time the detainee is secured in the time the detainee is 1eleased in station. The station master Ceti shall then enter the appropriate unit s 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 weapons are not permitted into any space actively being used as a temporary detention area. Prior to removing handcuffs from the detainee, firearms will be secured in the lockboxes maintained for that purpose in the detention/processina areas. B. Emergency Alarms All officers working in the processing area shall be equipped with a portable radio. That radio shall be operational and shall always be within reach of the 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 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 usgd for sobriety tests. The Stationmaster will advise arriving officers if thehallway is actively being used for sobriety tests. D. Escape Prevention ::ic-., In order to limit the risk of escape the following precautions shoe — f I I d • �' 0 owe . Handcuffs _ M remain applied when feasible The detainee should be: seated away from doors and windows c:) U7 CeI;a� Detainees will be under constantINNER IN 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 by 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 where this requires the detainee to be removed from the temporary detention area, the detainee will be escorted at all times by at least one officer. Inspections Areas that may be used as temporary detention areas will be in�pecton a weekly basis by the Captain of Administrative Services or desinev. s inspection will be for cleanliness and to determine if any unsaf€oae+ndi tons a� developing. o,~^- _ the Chiefolior M designee will review the components of this section and the d'Oitio[rare ds to determine if they continue to best suit the requirements of tFe dertment. Jody Matherly, Chief of Police WARNING OPS 21.6 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. =ae> rn •rr' � Fes. Original Date of Issue General Order Number March 17 1999 99-03 Effective Date of Reissue Section Code January 16 2018 1 OPS-09 Reevaluation Date Amends January 2019 OP5-09 Previous Version C.A.LE.A. Chapter 70 INDEX AS: • Use of Force • Prisoner Transport • Handcuffing 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,:At s thfa'poli�y Pf the Iowa City Police Department to take the precautions necessary white tr-apspoArig prisoners to protect the lives and safety of officers, the public and the p6 S,n if-6custI54. 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 secu2 a prisoner who violently resists arrest or who exhibits behavidesuch that he/she poses a threat to himself, the officer, to the public, MO pr%vent escape. 6. Officers are prohibited from transporting prisoners wbb AreZpstrayittt3'd in a prone position. The technique of "hog tying" shal�;fibt be used try members of this department. ' 7. Prisoners shall not be handcuffed together.? 8. Restraints used on juveniles or adults during transport'to a detention facility shall only be removed once the juvenile or adult has reached a secure area and in accordance with the facility's policy. Restraints used on juveniles or adults during transport to a non -detention facility such as a local department to conduct OWI Processing or interviews, shall only be removed once the juvenile or adult has reached a secure area at that location. C. Transport OPS-0g.3 1. Prior to transport, all prisoners shall be thoroughly searched for any weapons or contraband. 2. When possible, females should be transported separately from males. 3. Juveniles shall not be transported in the same area of a vehicle with adult prisoners. 4. Special precautions should be employed when transporting high -risk prisoners. In particular: a. combatants should be transported separately; b. members of rival gangs should be transported separately. 5. 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). 6. 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. 7. 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-office-r vehffle without a security screen, the prisoner shall be plaee& in--`-f„e rig rear seat. The second officer shall sit in the left rear•gbai� c. Leg restraints should be used when a prisoner exhibits, or an officer reasonably believes the prisoner is likely to:etlgagEn, violent behavior or is an escape risk. d. A solo transporting officer shall not transport more than ogre 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. 8. 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. 3 b. Escorting officers shall remain with the patient at all times unless relieved by other authorized personnel (this may include medical staff). c. Potentially violent persons in custody shall be restrained at all times in treatment facility unless such restraint would interfere with essential treatment. 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. 9. 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. Y 14. Any escape shall be immediately reported to the cd�itunration center with a complete description of the fugitive, mode:an9direetion of travel, original charge and propensity for violence- i;ERnown. i- officer shall ensure that the watch supervisor is notified} 7 off shall complete a report detailing the escape. When.:4subt€ct is L immediately captured, the watch supervisor should considee 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 times. In this case, the officer will decide if the handcuffs may be removed L! rNMIRM during the processing or interview process. Officers shall abide by all Departmental directives pertaining to prisoner/detainee processing and weapons security. 17. When officers are detained for a period of time waiting for jail entry authorization, they shall monitor the wellbeing of their prisoners and ensure that restraints have not unduly tightened. Officers assigned to 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. ,1. Jody Matherly, Chigf-of PdRe WARNING This directive is for departmental use only and does not apply in any-lcrtminal or -civil proceeding. The department policy should not be construed as a eaM c7ioritof h' r legal standard of safety or care in an evidentiary sense with resp6ct_10 laird- y claims. Violations of this directive will only form the basis for departmental administrative sanctions. 5 Redline Version Red highlights are deletions Green highlights are additions OPS-09.1 • Original Date of Issue General Order Number March 17, 1999 99-03 Effective Date of Reissue Section Code December 8, 2015 1 OPS-09 Reevaluation Date Amends January 2017 1 OPS-09 Previous Version C.A.L.E.A. Chapter 70 INDEX AS: • Use of Force • Prisoner Transport • Handcuffing I. PURPOSE ,,, The purpose of this policy is to provide guidelines for transporting persG—OS in tag custody of officers of the Iowa City Police Department between points a ages;and - initial booking. --I ze II. POLICY -, Transporting prisoners is a potentially dangerous function. Therefor-iFiis t' b pctD of the Iowa City Police Department to take the precautions necessary whilectaansporting prisoners to protect the lives and safety of officers, the public and the persoOn custodv. 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. ti, 3. Known juveniles will be handcuffed only when reasonably naessary to ensure the safety of the officers, juvenile or others. �. 4. Prisoners shall not be handcuffed to any part of the V&-ele wring transport. C) -C , 5. Additional approved restraint devices may be used tpq curee a prisoner who violently resists arrest or who exhibits beviamosuc at he/she poses a threat to himself, the officer, to the pdbk, 6FAo p nt escape. o 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. Fd y shall only be removed once t re area and in accordance with the facility's policy. Rests on juveniles or adults during transport to a non -detention such as a local department to conduct OWI P; shall only be removed once the juvenile or a WMNW�ion. C. Transport IN OPS-a9.3 1. Prior to transport, all prisoners shall be thoroughly searched for any weapons or contraband. 3. When possible, females should be transported separately from males. 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: 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 han u side of the vehicle. `^.rhen the vehicle is not equipped with a screen and has only one transporting officer, the prisonhall be placed in the right front seat and secured with a sgptbelt;;; b. When a prisoner is being transported in a two-offi eve le without a security screen, the prisoner shall be pl%o init, ri rear seat. The second officer shall sit in the left re'4cseaP. % c. Leg restraints should be used when a prisoner exits, ckon officer reasonably believes the prisoner is likely to Ttk , violent behavior or is an escape risk. CD d. A solo transporting officer shall not transport more than on 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. 3 OPS-09.4 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 unless relieved by other authorized personnel (this may include medical staff). c. Potentially violent persons in custody shall be restrained at all times in treatment facility unless such restraint would interfere with essential treatment. 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�ctivitie,3 while transporting prisoners unless failure to act would ris"atD;pr serious bodily injury to another. In non -life threater4di iorr�^- situations, officers should call for back-up assistancp A@ d rpray remain on -hand until such assistance has arrived. -<s .. M 14. Any escape shall be immediately reported to the coffin nt atio center with a complete description of the fugitive, mdde`anTdirection of travel, original charge and propensity for violence if knog. 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. 0 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 times. In this case, the officer will decide if the handcuffs may be removed during the processing or interview process. Officers shall abide by all Departmental directives pertaining to prisoner/detainee processing and weapons security. 17. When officers are detained for a period of time waiting for jail entry authorization, they shall monitor the wellbeing of their prisoners and ensure that restraints have not unduly tightened. Officers assigned to 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 erg garding the subject. The receiving officer's name should be Laclud &on the appropriate form.? r Samuel WARNING all 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. 6i Original Date of Issue General Order Number January 10, 2001 01-01 Effective Date of Reissue Section Code February 6, 2018 1 OPS-17 Reevaluation Date Amends February 2019 C.A.L.E.A. Reference 1.2.9 1 (see "INDEX AS") INDEX AS: Bias -Based Policing Search and Seizure Complaints Traffic Stops Supervisor Responsibilities Arrests Warrants Discipline I. PURPOSE The purpose of this order is to unequivocally state that bias -based policing by members of this department in the discharge of their duties is unacceptable, to provide guidelines for officers to prevent such occurrences, and to protect officers from unfounded accusations when they act within the parameters of the law and departmental policy. II. POLICY It is the policy of the Iowa City Police Department to patrol in a proactive manner, to investigate suspicious persons and circumstances, and to actively enforce the laws, while insisting that citizens will only be detained when there exists reasonable suspicion (i.e. articulable objective facts) to believe they have committed, are committing, are about to commit an infraction of the law, or there is a valid articulable reason for contact. Members are prohibited from using bias -based policing in all aspects of work including but not limited to traffic contacts, field contacts, asset seizure, and asset forfeiture. III. DEFINITIONS • Bias -based Policing - Biased based policing is the application of police authority based on a common trait of a group. This includes but is not limited to race, ethnic background, gender, sexual orientation, religion, economic status, age, disability, political affiliation, national origin, cultural group, or any other identifiable characteristic. • 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 legally recognized exception to the warrant requirement as identified in General Order 00-01, Search and Seizure, or the person's voluntary consent. 1. In each case where a search is conducted, information shall be recorded, including the legal basis for the search, and the results thereof. 2. A cursory "sniff' of the exterior of a vehicle stopped for a traffic violation by a police canine may be recorded on the department's canine action report form. V. TRAINING Officers shall receive initial and annual training in proactive enforcement tactics, including training in officer safety, courtesy, cultural diversity, bias -based policing including legal aspects, the laws governing search and seizure, and interpersonal communications skills. This may include profiling related topics (e.g. field contacts, traffic stops, search issues, asset seizure and forfeiture) interview techniques, cultural diversity, discrimination and community support. A. Training programs will emphasize the need to respect the rights of all citizens to be free from unreasonable government intrusion or police action. B. Training should address how bias can affect police activities and decision making, such as field contacts, traffic stops, searches, asset seizure and forfeiture, interviews and interrogations. C. Training should emphasize the corrosive effects of biased policing on individuals, the community and the agency VI. COMPLAINTS OF BIAS -BASED POLICING Any person may file a complaint with the department if they feel they have been stopped or searched based on bias -based policing. 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 CPRB 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 gender, 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 grounds for the disproportionate rate of contacts. C. Upon review of the written notice, the Chief of Police may direct additional training towards the affected units/sections or to individual officers. D. On an annual basis, the department may make public a statistical summary of the race, ethnicity, and gender of persons stopped for traffic violations. E. On an annual basis, the department may make public a statistical summary of all profiling complaints for the year, including the findings as to whether they were sustained, not sustained, or exonerated. F. If evidence supports a finding of a continued ongoing pattern of bias -based policing, 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. 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. REDLINE VERSION RED HIGHLIGHTS ARE DELETIONS GREEN HIGHLIGHTS ARE ADDITIONS OPS-17.1 Original Date of Issue General Order Number January 10, 2001 01-01 Effective Date of Reissue Section Code December 8, 2015 1 OPS-17 Reevaluation Date Amends January 2017 HIM C.A.L.E.A. Reference 1.2.9 1 (see "INDEX AS") INDEX AS: Rasia4 Rrefiling Bias Based Policing Search and Seizure Complaints Traffic Stops Supervisor Responsibilities Arrests Warrants Discipline I. PURPOSE The purpose of this order is to unequivocally state that biased based policing Fasial and-ethnicpmfiling by members of this department in the discharge of their duties is unacceptable, to provide guidelines for officers to prevent such occurrences, and to protect officers from unfounded accusations when they act within the parameters of the law and departmental policy. II. POLICY It is the policy of the Iowa City Police Department to patrol in a proactive manner, t investigate suspicious persons and circumstances, and to actively enforce the laws, whil 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 t commit an infraction of the law, or there is a valid articulable reason for contact. Membe are prohibited from using bias based policing in all aspects of work including but not limite to traffic contacts, field contacts, and asset seizure and forfeiture. Additie ally, the mn a:ms rr_rcrr. � rrzras:z a:nras asas: r_,:r. rya III. DEFINITIONS Raeial-i#il+na Bias Based Profiling - The detention, interdiction, exercise of discretion or use of authority against any person on the basis of their - race, ethnic background, gender, sexual orientation, religion, economic status, age, disability, political affiliation, national origin or cultural group. 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 OPS-17.3 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 legally recognized exception to the warrant requirement as identified in General Order 00-01, Search and Seizure, or the person's voluntary consent. 1. In each case where a search is conducted, information shall be recorded, including the legal basis for the search, and the results thereof. 2. A cursory "sniff" of the exterior of a vehicle stopped for a traffic violation by a police canine may be recorded on the department's canine action report form. V. TRAINING Officers shall receive initial and ongoing annual training in proactive enforcement tactics, including training in officer safety, courtesy, cultural diversity, bias -based policing, legal aspects, the laws governing search and seizure, and interpersonal communications skills. This may include profiling related topics (e.g. field contacts, traffic stops, search issues, asset seizure and forfeiture) interview techniques, cultural diversity, discrimination and community support. 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 RACIA IETHNIC PRO FI ING BIAS BASED POLICING Any person may file a complaint with the department if they feel they have been stopped or searched based on bias based policing. 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 PCB CPRB 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 OPS-17.4 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 gender, 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 grounds for the disproportionate rate of contacts. C. Upon review of the written notice, the Chief of Police may direct additional training towards the affected units/sections or to individual officers. D. On an annual basis, the department may make public a statistical summary of the race, ethnicity, and gender of persons stopped for traffic violations. E. On an annual basis, the department may make public a statistical summary of all profiling complaints for the year, including the findings as to whether they were sustained, not sustained, or exonerated. F. If evidence supports a finding of a continued ongoing pattern of prefiling bias based policing, 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. 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. OPS-17.5 Prepared by CPRB Member David Selmer MEMO FOR PROPOSED CHANGES TO RULES AND PROCEDURES REGARDING THE INVESTIGATIONS AND FINDINGS OF THE COMMUNITY POLICE REVIEW BOARD ISSUE: The consensus of the board that their review is arbitrary in nature and does not have any substantive effect, or, even in the case it does, that the effect cannot be communicated to the board members and/or the community as a consequence of current ordinances. PURPOSE OF THIS MEMO: To identify potential changes to the powers and functions of the board so that the board can reach agreement on which changes they would like to implement, specific inhibitors to the implementation (such ordinances or communication channels) can be identified, and the steps for removing such inhibitors can be identified (with the help of inhouse counsel) and potentially pursued. This memo is a general draft of ideas in their earliest stages. No parts in their current forms should be understood to be the final thoughts or agreements of any of the boards' members but are meant to facilitate further discussion only. Potential Change 1: a. Issue: Presently, it is the understanding of the board that after it makes a finding on any claim it has investigated against an officer, that the board is not privy to the decision of the Chief regarding discipline, training, or other action taken against an officer that is the subject of the investigation. b. Proposal: That the Chief make a final report to the board of his/her decision resolving the findings of the board and the Chief, and any action or non -action taken with regards to the officer subject to the investigation or broader changes (such as to a standard operating procedure or training). 2. Potential Change 2: a. Issue: It is the current understanding of the board that if its findings with regards to a claim are different than those of the Chiefs, that the Chief is in no way bound to the findings of the board, and there is no power in the board to make additional recommendations to resolve any discrepancy between the Chiefs findings and the board's finding. i. Example: The Chief finds the officer did not violate any procedure or law and therefore the officer should not be subject to additional training or discipline. The board, however, finds that a major law has been violated and that the officer should be disciplined and trained. Currently, the board would only make a recommendation that the Chief could disregard at his discretion, without even needing to report to the board what action, if any he took, with regards to the boards recommendation to discipline the officer. b. Proposal: In the event of a discrepancy of findings, the board proposes that there be a procedure whereby the board and the chief discuss their findings and try to reach a consensus on the actions taken by the Chief towards the officer(s) that were the subject of the investigation. i. The board further proposes that if an agreement cannot be reached by the board and the Chief during said meeting, that the board have the power at that time to send the claim to an independent third party -investigator. ii. The board further proposes that the final resolution regarding any action or non -action taken against the officer(s) subject to the investigation be the consensus agreement of the Chief, the board, and the third -party investigator after the third -party investigator makes his/her finding, or in the case of non - agreement by all parties, the agreement of two of the three parties. In the case no two parties can reach an agreement, the recommendation of the third -party investigator shall be implemented. c. Proposal: In order to make a better recommendation, the board recommends that it be given a copy of the prior discipline and training history of the officer, but ONLY in the event and after the board sustains an allegation against an officer. 3. Potential Change 3: a. Issue: The current procedures, in practice, do not allow any conversation between the board and the officers to discuss the claim or the thoughts, concerns, or recommendations of the board. Officers, when given the opportunity to be present for a "name -clearing", have universally refused to be present. The board feels this is a huge opportunity lost to communicate and explain the findings of the board to the officer, or to get a better understanding and explanation from the officer for why he/she took certain action that is the subject of the investigation. b. Proposal: The board recommends that, at the request of the board, the officer be required to attend and participate in an interview with the board. i. The board further proposes that the officer be allowed to have legal counsel present. ii. The board further proposes that the officer be allowed to refuse to answer and questions, but that in making such a refusal the officer may be subject to internal discipline for refusing to cooperate with an internal investigation. 4. Potential Change 4: a. Issue: The board believes it is currently limited in its findings and cannot recommend that an officer be required to participate in additional training. b. Proposal: An option for the board in its findings, regardless of whether an allegation is founded or unfounded, is to recommend training for the officer(s) subject to the investigation. c. Proposal: The board further recommends that the board be given copies of the training records of the officer(s) subject to investigation as part of the Chief's report so that it can better determine whether or not to require special additional training for an officer. iA COMMUNITY POLICE REVIEW BOARD COMMUNITY FORUM The Community Police Review Board will be holding a Community Forum for the purpose of hearing views on the policies, practices and procedures of the Iowa City Police Department. ***ADD TOPIC/PRESENTER INFO HERE*** QUESTIONS & COMMENTS: Send your questions or comments you'd like addressed at the forum to the following by Monday, April 9, 2018: Please include full name and address. (All correspondence is public) City of Iowa City 410 E Washington St, 52240 DATE Or e-mail to CPRB staff: Christine-olney@iowa-city.org TIME I I AGENDA COMMUNITY POLICE REVIEW BOARD COMMUNITY FORUM APRIL 23, 2018, 6:00 PM IOWA CITY PUBLIC LIBRARY, RM A 123 South Linn Street, IC ITEM NO. 1 CALL TO ORDER & ROLL CALL ITEM NO. 2 INTRODUCTION OF BOARD ITEM NO. 3 CONSIDER MOTION TO ACCEPT CORRESPONDENCE AND/OR DOCUMENTS ITEM NO. 4 POLICE DEPARTMENT PRESENTATION ITEM NO. 5 PUBLIC DISCUSSION WITH COMMUNITY POLICE REVIEW BOARD ITEM NO. 6 ADJOURNMENT CPRB Community Forum Monday April i 6:00 • Board members — hand out flyers (directly to people) pick different neighborhoods (Email to Board by 03/23/18) Publicizing Forum • Email Notice to (Cable to run on City Channel)-02/15/18 • Email Notice to (Neighborhood Outreach) for email contacts for lists—02/15/18 • Post Notice in City Building —City Hall 03/28/18 • Email Notice to staff of Brds/Conan (City Clerk) — 03/28/18 • Email Notice to Dept. Heads/Division Secretaries to post (City Clerk) - 03/28/18 • Email Notice to UISG (City Clerk) - 03/29/18 • Hardeopy Notice in all City Buses (30) — To TRM 03/29/18 internal mail • 1st General News Release (re: Forum) — 03/19/18 • Copy of I" release/Notice in Council packet— 03/22/18 (off week packet) • Highlights/FB/Twitter(Communications)— Link to 1st General News Release Requested 03/??/18 • Notice in Council packet - 04/05/18 • 2"d General News Release re: Forum— 04/16/18 (no deadline for questions on this) • Copy of 2"d Release in Council packet — 04/19/18 (off week packet) • Highlights/FB/Twitter(Communications)— Link to 2nd News Release— 04/??/18 • Post Agenda & Agenda News Release — 04/12/18 Videotape of Forum Cable to videotape and re -broadcast Forum on the City Channel for couple of months - Transcriptions of Forum - Name plates of Board members/Staff for forum - Calendar Year 2017 Complaint Information/ Sign in Sheets - Brochures/Complaint Applications/ Information Sheet Neighborhood Centers of Johnson County P.O. Box 2491 Iowa City, IA 52244 • Email Notices to Neighborhood Ctrs (Broadway/Pheasant Ridge) — Do by 4/2/18 ncic(a)ncic.org (354-2886) Shelter House 429 Southgate Ave Iowa City, IA 52240 Email Notices to Shelter House (sent to Crissy) — Do by 4/2/18 crissy0shelterhouseiowa ora (351-0326) The Housing Fellowship 322 E 2nd St Iowa City, IA 52240 • Email Notices to Housing Fellowship— Do by 04/2/18 Inewmire(@housingfellowship.com (358-9212) The Salvation Army Iowa City Corps 1116 Gilbert Ct Iowa City, IA 52240 • Email Notices to The Salvation Army— Do by 04/2/18 pam.boateng(musc.salvationarmy org (337-3725) 1105 FACILITY Crisis Center of JC 1121 Gilbert Ct Iowa City, IA 52240 Email Notices to Crisis Center— Do by 04/2/18 adminajccrisiscenterorg (351-2726) Free Lunch Program PO Box 2831 Iowa City, IA 52244 Email Notices to Free Lunch Program— Do by 04/2/18 icfreelunchCalgmail.com (337-6283) Domestic Violence Program PO Box 3170 Iowa City, IA 52244 • Email Notices to Domestic Violence Program — Do by 04/2/18 kristieQdvipiowa.org (356-9863) Kristic Dozer, Exec Director No bulletin board, but will post info on website National Alliance on Mental Illness (NAMI) PO Box 3087 Iowa City, IA 52244 • Email Notices to NAMI — Do by 04/2/18 marv.issah(&namiic.org (337-5400) 3 g y° } I F a E c4n a - u - _ c a v 14 114 14 M 14 14 N ¢¢ 6 4 4¢ 4 Q 4 a< < ¢¢ < < <Q¢ .� u u I u IJ V V U u u o Y o� S ory F � 3 E E �E E 'E A E 3= = o V ,. a g v 2 x G G z E �¢1 soE ?ffL o u 2 <.�AEoommya£� G COMMUNITY POLICE REVIEW BOARD OFFICE CONTACTS January 2018 Date Description None. Updated 02/13/18 COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5041 Monique Green 1104 Muscatine Ave Iowa City, IA 52240-5500 (C)319-936-5064 monio ue-greeneuiowa.edu Donald King Vice Chair 542 Foster Rd Iowa City, IA 52245 (C)319-594-7660 gohawkeyes54 aC?.yahoo.com Roviceann Porter 136 Appanoose Court Iowa City, IA 52240 (C) 319-321-2779 roviceannoorterC&rnsn.com Orville Townsend, Sr., Chair 713 Whiting Ave Iowa City, IA 52245-5644 (H)319-354-5995 (C)319-331-3482 orville.townsend@a.com Term: July 1, 2016—July 1, 2020 Term: September 1, 2015—July 1, 2019 Term: July 1, 2017 —July 1, 2021 Term: July 1, 2016—July 1, 2020 David Selmer Term: July 1, 2017—July 1, 2021 403 Boyd Ct Iowa City, IA 52245 (0) 319-331-9956 david(u7sustaina blelandscapesolutions.ora Patrick Ford, Legal Counsel Leff Law Firm, L.L.P. 222 South Linn Street Iowa City, IA 52240-1601 (0) 319-338-7551 (C)319-430-1549 ford(&Iefflaw.com February 23, 2018 Mtg Packet COMMUNITY POLICE REVIEW BOARD COMPLAINT DEADLINES NONE TENTATIVE MEETING SCHEDULE March 13, 2018 April 10, 2018 April 23,2018 May 8, 2018 The following documents were handed out during the meeting. put �rom �h l e E fe`Y POLICEIOWA CITY 410 E. WASHINGTON IOWA CITY, IA 52240-1826 PH: 319-356-5275 FAX: 319-356-5449 February 9, 2018 From: Chief Jody Matherly To: CPRB Ref: ICPD Training 2016-18 Cultural Competency 2016 Number of Training Length Members in Total Training Training Title Training Date in Hours Attendance Time in Hours Misc. Diverse Discrimination January 2016 2 1 2 Post Ferguson February 2016 1 2 2 Online Biased Based Policing March 2016 1 72 72 Online Fair and Impartial Policing April 2016 1 74 74 Affordable Housing Conference June 2016 7 1 7 Working Together September in a Diverse World 2016 4 21 82 Cultural Competency Academy 1 2 2 Academy Cultural Competency Academy 1 2 2 Academy Cultural Competency Academy 7 2 14 Academy Total 257 41WA Number of Training Length Members in Total Training Training Title Training Date in Hours Attendance Time in Hours Misc. Fair and Impartial Policing January 2017 5.25 78 409.5 Arab, Muslim, Sikh and Asian Forum January 2017 3 1 3 Culturally Intelligence Meeting January 2017 2 1 1 Jason Sole Presentation on Cultural Competency January 2017 1.5 2 3 Advancing Racial Equity April 2017 8 5 40 Racial Equity Training -Racial Equity Tool Kit April 2017 7 2 14 LGBTQ Safe Zone Training May 2017 2 3 6 In Her Shoes Event-DVIP June 2017 1 12 12 DMC/Fair Treatment to all Persons July 2017 4 122 488 Iowa Summit on Justice and Diversity October 2017 8 2 16 Chokehold on Policing Black November Men 2017 2 5 10 November Circle Training 2017 24 1 24 Bias -Based Profiling/Racial Profiling/Fair- Impartial Policing- December Computer Based 2017 1 79 79 Cultural Competency Academy 1 3 3 Cultural Competency Academy 1 3 3 Cultural Competency Academy 7 3 21 Total 1132.5 all supervisors Includes: Police, Animal Services, Station Masters, Records, Evidence, CSOs Use of Force, Crisis Intervention and De-escalation 2016 MATS -Reality Based Training -incorporates de-escalation techniques Officers Training Time Total Training Time 68 8 544 CIT Crisis Intervention Trainin -has de-escalation component Officers Training Time Total Training Time 11 40 440 Crisis Intervention Instructor Trainin -has de-escalation component Officers Training Time Total Training Time 6 40 240 MATS-CIT Crisis Intervention Trainin -has de-escalation component Officers Training Time Total Training Time 68 2 136 April Training- Defensive Tactics instructors had lesson plan to include a review of our Use of Force Policy as it pertains to below training topics Officers Training Time Total Training Time 68 1 136 On -Line De-escalation Trainin Officers Training Time Total Training Time 79 I 1 79 2017 CIT-Crisis Intervention International Conference- has de-escalation component Officers Training Time I Total Training Time 2 32 64 CIT-Crisis Intervention Training -has de-escalation component Officers Training Time Total Training Time 51 40 2040 April Training -all instructors had lesson plans to include a review of our Use of Force Policy as it pertains to each of the below training topics. 1.5 hours of Defensive Tactics .5 hours OC Instruction and Proficiency Training .5 hours ASP instruction, inspection, and proficiency testing .75 hours Taser instruction, inspection, and proficiency testing Officers Training Time Total Training Time 78 3.25 253.5 De -Escalation and Smarter Policing Officers Training Time Total Training Time 1 1 8 8 2018 MATS -Reality Based Training -incorporates de-escalation techniques Officers Training Time Total Training Time 63 8 504 *CIT-Crisis Intervention Training -has de-escalation component Officers Training Time Total Training Time 9 40 360 "Reality Based Training Instructor -incorporates de-escalation techniques Officers Training Time Total Training Time 6 24 144 //, ,i,�: ' -� C /i3 MA, �rO rc L')i b U n&� MEMO FOR PROPOSED CHANGES TO RULES AND PROCEDURES REGARDING THE INVESTIGATIONS AND FINDINGS OF THE COMMUNITY POLICE REVIEW BOARD ISSUE: The consensus of the board that their review is arbitrary In nature and does not have any substantive effect, or, even in the case it does, that the effect cannot be communicated to the board members and/or the community as a consequence of current ordinances. PURPOSE OF THIS MEMO: To Identify potential changes to the powers and functions of the board so that the board can reach agreement on which changes they would like to implement, specific Inhibitors to the implementation (such ordinances or communication channels) can be identified, and the steps for removing such inhibitors can be identified (with the help of inhouse counsel) and potentially pursued. This memo is a general draft of ideas in their earliest stages. No parts in their current forms should be understood to be the final thoughts or agreements of any of the boards' members but are meant to facilitate further discussion only. 1. Potential Change 1: a. Issue: Presently, it Is the understanding of the board that after it makes a finding on any claim it has investigated against an officer, that the board is not privy to the decision of the Chief regarding discipline, training, or other action taken against an officer that is the subject of the investigation. b. (Proposal: Thatthe Chief make a final report to the board of his/her decision resolving the findings of the board and the Chief, and any action or non -action taken with regards to the officer wbject to the investigation or broader changes (such as to a standard operating procedure or tralning)l --- Commented lPFlj: This is prohibited by the Iowa Public Mcards law. Iowa Codesectipn 22 ](11) pmvldes that Potential Change 2: information in personnel records mustbe kept confidential. a. Issue: It is the current understanding of the board that if its findings with regards to a claim are different than those of the Chiefs, that the Chief is in no way bound to the findings of the board, and there is no power in the board to make additional recommendations to resolve any discrepancy between the Chiefs £endings and the board's finding. I. Example: the Chief finds the officer did not violate any procedure or law and therefore the officer should not be subject to additional training or discipline. The board, however, finds that a major law has been violated and that the officershould be disciplined and trained. Currently, the board would only make a recommendation that the Chief could disregard at his discretion, withouteven needing to reportto the board what action, if any betook, with regards to the boards recommendation to discipline the officer. b. (proposal: in the event of a discrepancy of findings, the board proposes that there be a procedure whereby the board and the chief discuss theirfindings and try to reach a consensus on the actions taken by the Chief towards the officers} that were the subject of the investioatlon.j Commented IPF21: This is prohibited by the Iowa Civil service Law, which prowdes that only the pollee chief and the otymanager have the 1utIb1nW to dL a,hne an officer. I. The board further proposes that if an agreement cannot be reached by the board and the Chief during said meeting, that the board have the power at that time to send the claim to an independent third party -investigator. a. The board further proposes that the final resolution regarding any action or non -action taken against the officer(s) subject to the investigation be the consensus agreement of the Chief, the board, and the third -party investigator after the third -parry investigator makes his/her finding, or in the case of non - agreement by all parties, the agreement of two of the three parties. In the case no two parties can reach an agreement, the recommendation of the third -party investigator shall be implemented. c. Proposal- In orderto make a better recommendation, the board recommends thatit be given a copy of the prfor discipline and training history of the officer, but ONLY in the event and afterthe board sustains an allegation against an officer-[ Commented[PF3]: Again, thisa prohibited bylowa Code section2 71111, which provide tha['mroonation in Potential Change 3: personnel records mustheksai confidennal. a. Issue: The current procedures, in practice, do not allow any conversation between the board and the officers to discuss the claim or the thoughts, concerns, or recommendations of the board. Officers, when given the opportunity to be present for -a "name -clearing", have universally refused to be present. The hoard feels this is a huge opportunity lost to communicate and explain the findings of the board to the officer, or to get a better understanding and explanation from the officer for why he/she took certain action that is the subject of the investigation. b. [Proposal: The board recommends that, at the request of the board, the officer be required to attend and participate in an interview with the board. L The board further proposes that the offer he allowed to have legal counsel present. ii. The board further proposes that the officer he allowed to refuse to answer and questions, but that In making such a refusal the officer maybe subject to intemal discipline for refusing to cooperate with an internal investigation Potential Change 4: a. Issue: The board believes it is currently limited in its findings and cannot recommend that an officer be required to participate in additional training. b. (Proposal: An option for the board in itsfmdings, regardless of whether an allegation is founded or unfounded, Star recommend training for the officer(s) subjectto the investigation c. [Proposal: The board further recommends that the board be given copies of the training records of the officer(s) subject to investigation as part of the Chiefs report so that it can better determine whether or not to require special additional training for an officer Commented [PF4I: This is prohibited by the51° Amendment to the U.S. Constitution, which protects the officers from self-incrlmmation. Thus, the Board cannot romper an officer to speak. ThepoOa chief can compel an officer to speak, as a condition of the offices employment This is because the. chief has authority to discipline an officer. Such compulsion (i e, by the chat) an only be part of an Internal Investigation (which cannot, by definition include participation by the Board}. Commented [PFS]: The Board already has Win authority (See paragraph 3 of secvon a-B-7fB3 ofnhe ordinance,) The Board can say generally that discipline Is ap propirwri but the Board cannot comment an the extent or fa rm of the dtsapline. Commented 11i Again, this Is prohl hand by Iowa Code section n.7(111, which provides that lnfom a kin In personnel records must he kept confidential.