HomeMy WebLinkAbout05-08-2018 Community Police Review BoardMEMORANDUM
COMMUNITY POLICE REVIEW BOARD
A Board of the City of Iowa City
DATE: May 3, 2018
TO: CPRB Members
FROM: Chris Olney
RE: Board Packet for meeting on May 8, 2018
Enclosed please find the following documents for your review and comment at the next board meeting:
• Agenda for 05/08/18
• Minutes of the meeting on 04/17/18
• Minutes of the Community Forum meeting 04/23/18
• ICPD General Orders 99-05 (Use of Force)
• Community Forum Transcription
• Memo from Legal Counsel Re: proposed revisions to Ordinance 8-8
• Office Contacts — April 2018
• 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, May 8, 2018 — 5:30 p.m.
HELLING CONFERENCE RM
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 04/17/18
• Minutes of the Community Forum meeting on 04/23/18
• ICPD General Orders 99-05 (Use of Force)
ITEM NO. 3 NEW BUSINESS
ITEM NO. 4 OLD BUSINESS
• Proposed Ordinance Change Discussion
• Community Forum
ITEM NO. 5 PUBLIC DISCUSSION
ITEM NO. 6 BOARD INFORMATION
ITEM NO. 7 STAFF INFORMATION
ITEM NO. 8 TENATIVE MEETING SCHEDULE and FUTURE AGENDAS
■ June 12, 2018, 5:30 p.m. Helling Conference Rm
• July 10, 2018, 5:30 p.m. Helling Conference Rm
• August 14, 2018, 5:30 p.m. Helling Conference Rm
• September 11, 2018, 5:30 p.m. Helling Conference Rm
ITEM NO. 9 ADJOURNMENT
If you will iaeed disability -related accommodations in order to participate in this program/event, please contact
Kellie Fruehling at 319-356-5043, kellie fruehlin�g@iowa-city.org. Early requests are strongly encouraged to
allow cuff cient time to meet your access needs.
DRAFT
COMMUNITY POLICE REVIEW BOARD
MINUTES — April 17, 2018
CALL TO ORDER: Chair Townsend called the meeting to order at 5:30 p.m.
MEMBERS PRESENT: Monique Green, Don King, David Selmer, Royceann Porter (5:39)
MEMBERS ABSENT: None
STAFF PRESENT: Staff Chris Olney, Legal Counsel Patrick Ford (5:39)
STAFF ABSENT: None
OTHERS PRESENT: Iowa City Police Chief Matherly
RECOMMENDATIONS TO COUNCIL
None.
CONSENT CALENDAR
Motion by King, seconded by Green, to adopt the consent calendar as presented or amended.
• Minutes of the meeting on 03/19/18
• ICPD General Orders 89-05 (Radio Communications Procedures)
Motion carried, 4/0, Porter Absent.
NEW BUSINESS
None.
OLD BUSINESS
Proposed Ordinance Change Discussion - Townsend suggested that the discussion be deferred until
the next meeting as prior to the next meeting the subcommittee of Townsend and Selmer will meet with
Legal Counsel to draft another memo to be presented to the Board for further review.
Community Forum Discussion — Olney stated that the Community Forum 2nd general news release will
be issued this week and that no correspondence had been received from the public, also discussed
handouts to have available for the public at the meeting.
PUBLIC DISCUSSION
None.
BOARD INFORMATION
Porter will be absent at the April 23, 2018 Forum Meeting.
Green indicated a conflict to the tentative meeting date of July 10, 2018. Staff suggested to address this
at a time closer to the date in question.
STAFF INFORMATION
Olney noted a correction to the previous Complaint Calendar, complaint number should be 18-01 not
18-03.
April 17, 2018
Page 2
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to chancre)
• April 23, 2018, 6:00 PM, IC Library Meeting Rm A (Community Forum)
• May 8, 2018, 5:30 PM, Helling Conference Rm
• June 12, 2018, 5:30 PM, Helling Conference Rm
• July 10, 2018, 5:30 PM, Helling Conference Rm
ADJOURNMENT
Motion for adjournment by Porter, seconded by Selmer.
Motion carried, 5/0.
Meeting adjourned at 5:43 P.M.
COMMUNITY POLICE REVIEW BOARD
ATTENDANCE RECORD
YEAR 2017-2018
(Meeting rintel
TERM
4/12
519
7/11
7131
8/8
8129
'9112
10110
�11/14
12/7
1/9/18
2/13/18
3/19118
4/17118
NAME
EXP.
Joseph
7/1/17
X
O/
---
Trelaar
E
'--
---
'---
r
7/1/21
X
OI
X
X
X
X
X
X
X
O/E
---
--_
Salih
Salih
E
""
----
D
7-11 /19
X
X
X
X
X
X
X
X
X
X
O
X
X
X
Kingonald
Monique
7/1/20
X
%
X
O/E
X
X
X
X
X
X
X
X
X
X
Green
—X
Orville
X
X
X
X
X
X
X
X
X
X
X
X
X
Townsend
Royceann
7/1/21
----
---
----
----
----
----
----
----
----
----
'---
X
O/E
X
Porter
Dalid
7/1/21
---
---
X
O/E
X
X
O
X
O/E
X
X
X
X
X
Selmer
KEY: X =
Present
O =
Absent
O/E =
Absent/Excused
NM =
No meeting
--- =
Nat a Member
DRAFT
COMMUNITY POLICE REVIEW BOARD
COMMUNITY FORUM
April 23, 2018, 6:00 P.M.
IOWA CITY PUBLIC LIBRARY
123 South Linn Street, IC
CALL TO ORDER: Chair Orville Townsend called the meeting to order at 6:00 P.M.
MEMBERS PRESENT: Monique Green, Donald King, David Selmer
MEMBERS ABSENT: Royceann Porter
STAFF PRESENT: Legal Counsel Patrick Ford and Staff Chris Olney, Kellie Fruehling.
INTRODUCTION OF THE BOARD AND BRIEF OVERVIEW
CONSIDER MOTION TO ACCEPT CORRESPONDENCE AND/OR DOCUMENTS
None to accept.
STATE OF THE POLICE DEPARTMENT BY CHIEF MATHERLY
Chief Matherly spoke about the department and the community working together. He
also reported on number of officers, average calls for service, number of arrests per
year as well as police training.
MEET THE NEW DOWNTOWN LIAISON OFFICER, COLIN FOWLER
Officer Colin Fowler gave a summary of the numerous responsibilities that the
Downtown Liaison Officer position includes and how it relates to the community. He
spoke about how the police department interacts with diverse groups within the City
such as the University students, business owners and the homeless population.
PUBLIC
DISCUSSION The following individuals appeared before the CPRB:
Harry Olmstead 1255 Shannon Drive, Iowa City
Joe Coulter 1818 N. Dodge Street, Iowa City
Megan Alter 936 Aspen Court, Iowa City
Angela Winnike 1037 College Street, Iowa City
ADJOURNMENT
Meeting adjourned at 6:56 P.M.
COMMUNITY POLICE REVIEW BOARD
ATTENDANCE RECORD
YEAR 2017-2018
TERM
7/11
7/31
8/8
8/29
9/12
10110
a.a.aui
ll/14
LAIG
12/7
1/9/18
2/13/18
3/19118
4117/18
4/23/18
NAME
EXP.
Mazahir
7/1/21
X
X
X
X
X
X
X
O/E
SaGh
___
___
____
Donald
KingX
7/1/19
X
X
X
X
X
X
X
O
X
X
X
X
Moniyae
Creen
7/1/20
X
O/E
X
X
X
X
X
X
X
X
X
X
X
On411e
Townsend
7/1/20
X
X
X
X
X
X
X
X
X
$
g
X
X
Royceann
7/1/21
____
____
____
Porter
____
--
---_
X
O/E
X
O/E
David
111121
X
O/E
X
X
O
X
O/E
X
X
X
X
X
X
Selmer
KEY. X =
Present
O =
Absent
O/E =
Absent/Excused
NM =
No meeting
--- =
Not a Member
•• 4
USE OF
FORCE
Original Date of Issue General Order Number
April 28, 2001 99-05
Effective Date of Reissue Section Code
April 16, 2018 OPS-03
Reevaluation Date Amends
April 2019
C.A.L.E.A. Reference
1.3.1 — 1.3.8, 1.3.13 (see "INDEX AS")
INDEX AS:
• Use of Force
• Reporting
• Significant Force
• Investigation
• Use of Force Model
• Canine
• Arrests
• Warning Shots
n.S
I. PURPOSE =�
The purpose of this policy is to provide members of the Iowa City Polic&D&paMnent ;
with guidelines on the use of deadly and non-deadlv force. `1-1 '~ ;= r"
II. POLICY,
The Iowa City Police Department recognizes and respects the value antlPspegil
integrity of each human life. In investing officers with the lawful authority to usDorce to
protect the public welfare, a careful balancing of all human interests is required.
Therefore, it is the policy of the Iowa City Police Department that police officers shall
use only that force that is reasonable and necessary to accomplish lawful objectives
and effectively bring an incident under control, while protecting the lives of the officers
and others.
III. DEFINITIONS
A. Deadly Force (Section 704.2, Code of Iowa) — For the purpose of this policy,
shall mean any of the following:
•&�
1. Force used for the purpose of causing serious injury.
2. Force which the actor knows, or reasonably should know, will create a
strong probability that serious injury will occur.
3. The discharge of a firearm, in the direction of some person with the
knowledge of the person's presence there, even though no intent to
inflict serious physical injury can be shown.
4. The discharge of a firearm, at a vehicle in which a person is known to
be.
B. Serious Injury (Section 702.18 Code of Iowa) — Means disabling mental
illness, or bodily injury which creates a substantial risk of death or which
causes serious permanent disfigurement, or protracted loss or impairment of
the function of any bodily member or organ.
C. Reasonable Force (Section 704.1, Code of Iowa) — Is that force and no more
which a reasonable person, in like circumstances, would judge to be
necessary to prevent an injury or loss and can include deadly force if it is
reasonable to believe that such force is necessary to avoid injury or risk to
one's life or safety or the life or safety of another, or it is reasonable to believe
that such force is necessary to resist a like force or threat. Reasonable force,
including deadly force, may be used if an alternative course of action is
available if the alternative entails a risk to life or safety, or the life or safety of
a third party, or requires one to abandon or retreat from one's dwelling or
place of business or employment.
D. Reasonable Officer: Obiective Standard 3 O
ca
1. "The 'Reasonableness' of a particular use of force must.be-�adc ed fr
the perspective of a reasonable officer on the scene ratan with
20/20 vision of hindsight. Graham v. Connor, 109, S.Ct.� 5, 72.Q
(1989) � .c-
v ry
2. "Reasonableness" also takes into account that police officers make
judgments in a split second under circumstances that are "tense,
uncertain, and rapidly evolving - about the amount of force that is
necessary in a particular situation. Graham v. Connor, 109 S.Ct. 1865,
1872. (1989)
E. Less Lethal Munitions (as used in this policy) — Any Department approved
weapons and/or munitions system designed to stun, temporarily incapacitate,
or cause temporary discomfort to a person.
F. Use of Force — Any contact applied by an officer that significantly restricts or
alters the actions of another and/or compels compliance with the demands or
instructions of the officer. This includes the use of restraint devices such as
handcuffs.
CPS-03.3
IV.
V
G. Verbal Commands/Directives — Verbal communication by an officer directing
someone to perform or not to perform an act: e.g. "Stop", "Don't move", "Put
your hands up", or "Get on the ground".
H. De-escalation - Taking action to stabilize a situation and reduce the
immediacy of a threat so that more time, options, and resources are
available to resolve the situation. The goal of de-escalation is to gain the
voluntary compliance of subjects, when feasible, and thereby reduce or
eliminate the necessity to use physical force.
De-escalation Techniques - Actions used by members of the department,
that seek to minimize the likelihood of the need to use force during an incident
and increase the likelihood of gaining voluntary compliance from a subject.
Note that these techniques should only be employed when it is safe to do so
and only if they do not compromise law -enforcement priorities.
Code of Iowa— Use of Force in Making Arrests and Preventing
Escape
A. Section 804.8 Use of force by peace officer making an arrest
A peace officer, while making a lawful arrest, is justified in the use of any
force which the peace officer reasonably believes to be necessary to effect
the arrest or to defend any person from bodily harm while making the arrest.
However, the use of deadly force is only justified when a person cannot be
captured any other way and either:
1. The person has used or threatened to use deadly force in committing a
felony, or c
2. The peace officer reasonably believes the person wouldp"to degdly
force against any person unless immediately apprehendeol.< a [ "
A peace officer making an arrest pursuant to an invalid warrar9justified
the use of any force which the peace officer would be justifiedurLi siiz if ttte
warrant were valid, unless the peace officer knows that the wa lat i*lnva i
N>
B. Section 804.13 Use of force in preventing an escape C'
A peace officer or other person who has an arrested person in custody is
justified in the use of such force to prevent the escape of the arrested person
from custody as the officer or other person would be justified in using if the
officer or other person were arresting such person.
PROCEDURES
A. DEADLY FORCE
1. Purpose of statement
a. To delineate the Department's policy regarding the use of deadly
force.
b. To establish policies under which the use of deadly force is
permissible.
2. Policy
a. Officers of the Iowa City Police Department may use deadly force
to stop or incapacitate an assailant to prevent serious bodily injury
or death. For this purpose and to minimize danger to innocent
bystanders, the officer should shoot at the center body mass,
whenever possible.
b. An officer may use deadly force to protect him/her or others from
what he/she reasonably believes to be an imminent threat of death
or serious injury.
c. An officer may use deadly force to effect the capture or prevent
escape if:
The person used or threatened to use deadly force in
committing a felony, and
ii. The peace officer reasonably believes the person would use
deadly force against a person unless immediately
apprehended.
d. No distinction shall be made relative to the age of the intWded
target.
7 m
e. Warning shots by officers of the Iowa City Police I cj=, it ar&-
prohibited.
act
f. A verbal warning shall be utilized prior to an officer a�
king40
M
weapon unless it would compromise the safety of tf ZificCr or
others. v r%3
rn
g. Shooting at or from a moving vehicle is prohibited, except under the
following circumstances:
When the occupant of the vehicle is utilizing deadly force
against the police officer or other persons.
ii. As a last resort to prevent death or serious injury to officers or
other persons.
iii. Asa last resort to apprehend a person who has just committed
a felony resulting in death or serious injury.
OPS-43.5
iv. The discharge of firearms shall not be utilized when
circumstances do not provide a high probability of striking an
intended target or when there is substantial risk to the safety
of other persons, including the risk of causing vehicle
accidents.
3. Injuries resulting from Use of force.
Officers shall render appropriate first aid to any person injured or
complaining of pain following the use of force.
EMS will be summoned to the scene to ensure delivery of
appropriate medical treatment when:
i. Requested by the subject(s) involved.
ii. The extent of an injury is unknown or not visible.
iii. The nature or extent of the injury dictates.
c. Officers shall err on the side of caution, requesting EMS to respond
to the scene if in doubt about the existence or extent of an injury.
4. Surrender of firearm.
When officers or employees discharge a firearm that results in personal
injury or death to any person, the officer or employee shall surrender that
firearm to his/her supervisor or a higher authority consistent with
departmental directives. Firearms involved in police shooting incidents
shall not be unloaded, cleaned, nor in any way altered from theondition
immediately following discharge other than to make the gweapo�gafe for
transport. a -n
a. When more than one officer or weapon has been irf Aedcw a
shooting situation resulting in any injury or death, thwmvolv.@d M
weapons must be surrendered to the commanding a r iFF C)
accordance with departmental directives. -� r
rn
b. The commanding officer receiving such firearm or firearms shall
immediately secure and document the same as evidence.
B. LESS LETHAL FORCE
Where deadly force is not authorized under this policy, officers should
assess the incident in order to determine which less lethal technique will
best de-escalate the incident and bring it under control in a safe manner.
Officers shall use no more force than is reasonably necessary to gain
OPS-03.6
control of an individual or situation. Officers are authorized to use force
consistent with the Use of Force model.
2. An officer shall use no more force than that officer reasonably feels is
necessary in the performance of their official duties. Use of force by an
officer is justified in, but not limited to, the following situations:
a. To protect the officer or others from physical harm.
b. To control an arrestee or a potentially violent person.
c. To restrain or subdue a resistant individual. Approved restraint
devices are handcuffs (hinged and chain style), flex -cuffs and nylon
leg restraints.
d. To bring an unlawful situation safely and effectively under control.
3. Officers shall offer medical treatment to any non -combative person who
has been exposed to a chemical irritant / OC spray. Officers shall
decontaminate a person exposed to a chemical irritant and continue to
monitor the condition of that person until they are no longer in the
custody of the officer.
B. NOTIFICATIONS
Any officer who discharges a firearm in the course of their duty, shall
immediately contact his/her supervisor. (This does not apply to animal
euthanasia where supervisory permission to discharge the weaApn must
be sought prior to the destruction of the animal ((see section B`
"REPORTING USE OF FORCE INCIDENTS")) or training i,uuaVns) TM
this is not practical, the officer shall contact the on -duty paTsol sgpervi
The notified supervisor shall then contact the following inE1M6ua
a. The involved officer's Division Commander. M 3
i. It shall be the Division Commander's responsibility to Vify the
Chief of Police.
ii. If the Division Commander cannot be notified, a watch
supervisor shall notify the Chief of Police.
b. The County Attorney of the county in which the incident occurred.
c. The City Attorney.
d. The City Manager.
e. The Criminal Investigation Commander or his/her designee.
f. Other as Required by the Mandatory Call Matrix
OPS-03.7
2. The on -duty watch supervisor shall be immediately notified or
summoned to the scene of any incident where use of force results in a
physical injury.
3. The on -duty watch supervisor shall be immediately notified when a
chemical irritant / OC spray is utilized.
4. The on -duty watch supervisor shall be immediately notified when a
conducted energy device is discharged.
C. REPORTING USE OF FORCE INCIDENTS
1. Discharge of Firearms — report required.
Any officer who discharges a firearm for any reason or purpose other
than those exceptions listed in this section, shall make a written report to
his/her immediate supervisor as soon as circumstances permit. This
written report will then be forwarded through the chain of command to
the Chief of Police for review. Exceptions to the requirement of a written
report apply to the following circumstances in which no accident or injury
results:
The discharge of firearms on firearm ranges or in an area for
firearms practice.
b. Sporting events to include lawful hunting and organized shooting
matches.
2. When, in accordance with applicable law, it becomes necessay for an
officer to discharge a firearm to destroy an animal which prets a
danger or is seriously injured or ill, the officer will, prior c�disetargihTjhf
firearm, request permission to do so from the on -duty i"ctpervi's"°dr. If•9rrsh
action must be immediately taken in order to protect th`R' is s orl'
another person's safety, the officer need not delay actiat l ocger tqM
request this permission. In this circumstance, however-tJx� WMch
Supervisor must be notified immediately after the firear s used. A se
of Force report is required. �*
m
3. Administrative Review Committee.
Use of force incidents shall be reviewed by a committee consisting
of a minimum of three sworn personnel.
i. The committee should consist of two supervisors as
designated by the Chief of Police and one officer -preferably a
use of force instructor. To provide differing perspectives, the
Chief of Police may appoint multiple committees that alternate
review responsibilities.
ii. This group should, at a minimum, meet every month to review
the Use of Force Reports from the previous month.
iii. The purpose of this committee shall be to review all facts and
reports concerning use of force incidents to determine whether
policy, training, equipment, or disciplinary issues should be
addressed. This committee will make recommendations on
these matters to the Chief of Police.
All non-use of force firearms discharges (e.g. accidental/negligent
discharge), with the exception of the destruction of animals which are
reviewed by the Use of Force Committee, shall be reviewed in a
manner consistent with General Order 99-06: Internal Affairs
Investigations as assigned by a Division Commander.
At a minimum, this will consist of a Report of Inquiry and
supervisory review.
The Division Commander and the Training and Accreditation
Sergeant will review the investigation and findings to identify
any training recommendations which are necessary, and/or
any need for policy changes. Recommendations on these
matters will be forwarded to the Chief of Police.
4. Use of Force Reports.
a. A Use of Force Report with a written narrative regarding any use of
force incident will be submitted in addition to any incident:Aport.
The report(s) shall contain the following informatior15. 0*
i. Arrestee/suspect information.
ii. Incident number(s), date and time of incident, a '?r polingM
officer. �.
iii. Description of actual resistance encountered. Cn
iv. All required fields completed in Use of Force report.
The force used by the officer to overcome the resistance and
the specific weapon or technique used.
vi. A description of any alleged or actual injuries to either the
officer or suspect.
vii. Pictures taken of any injuries to either the officer or suspect.
OPS-a3.9
viii. Exposure to Chemical Irritant / OC spray will additionally
require the documentation of medical treatment being offered,
supervisor notification, and decontamination procedures.
ix. A Conducted Energy Device deployment will additionally
require the documentation of medical treatment, if medical
treatment is refused by the suspect, supervisor notification,
and the number of cycles/applications used.
b. When the only use of force is the application of handcuffs, double
locked, no use of force report is necessary. The application of
handcuffs, double locked will be documented on a written complaint
or citation or in the body of an incident report.
c. A supervisor of the reporting person shall review the report for
adherence to Department policy and procedure and document their
conclusions.
d. All reports concerning use of force shall be forwarded to the
Sergeant of Planning/Research.
e. The Captain of Field Operations and Chief of Police shall review all
use of force reports where any participant is injured during the use
of force and/or where a deadly force option has been utilized
(excludes display of a weapon).
5. Executive Review.
At a minimum, the Chief of Police and/or designee will conduc
documented analysis of all reports and incidents of force;annugjly. A
analysis of reports and incidents of force could reveal pAQns�r treral
that indicate training needs, equipment upgrades and/ot7pe4cy- r
modifications.
M
D. INVESTIGATION OF USE OF FORCE RESULTING IN DEARc-
SERIOUS INJURY
R
When any member of the police department is involved in an incident
resulting in death or serious injury, a thorough and objective
investigation of facts and circumstances will be initiated as soon as
practical by the Chief of Police's designees and completed as soon as
practical.
2. The Chief of Police or his/her designee shall decide whether the DCI
and/or any other outside agency shall be called to assist in the
investigation.
If an incident resulting in death or serious injury which involves a sworn
Iowa City police officer occurs in another police jurisdiction, the officer
shall cooperate with that jurisdiction, as set forth in Iowa City Police
Department directives.
4. The on -duty watch commander/supervisor shall ensure that appropriate
case reports are initiated and that potential evidence is preserved.
The officer(s) or employee involved in the death or serious injury shall be
relieved of field duty without the loss of pay or benefits, pending the
results of the departmental investigation. Other officers or employees
involved in the incident also may be relieved of field duty without loss of
pay or benefits at the discretion of the Chief of Police, while the
investigation is pending:
The officer or employee shall be available at all times for official
interviews and statements regarding the case, and shall be subject
to recall to duty at any time. The officer or employee must receive
permission from the Chief of Police, or the Chiefs representative,
prior to leaving the area. If such permission is given, the officer or
employee shall supply the phone number(s) of his/her location and
duration of the absence.
b. The officer or employee will not discuss the case with anyone
except the prosecuting attorney and/or persons designated by the
Chief of Police or their designee. This does not prohibit the officer
or employee from discussions with his/her attorney. If the officer or
employee may be the subject of internal review or criminal charges,
his/her constitutional rights and administrative protections will be
maintained. The officer or employee will attend post -traumatic
stress counseling at the discretion of the Chief of Police
CD
c. At the discretion of the Chief of Police, the officer" m yee"r}tp
y
be returned to duty upon departmental receipt ofic,on frmtm
the counselor or mental health professional indicaAu th�offi s
fitness for duty. { -a
6. The investigation and administrative leave policy outlined he min is not
intended to imply or indicate the officer or employee has act
improperly, but is designed to safeguard the officer or employee and the
Department.
7. The Chief of Police may appoint one or more individuals to conduct a
separate yet parallel (administrative) investigation into a use of force
incident to ensure all personnel followed departmental policies and
guidelines.
VI. USE OF FORCE MODEL
A. Police officers are given the unique right to use force, even deadly force,
against others for legitimate law enforcement purposes. The right to use force
carries with it an obligation to use that force in a responsible manner. Police
OPS-03.11
agencies have an obligation to provide their employees with the policies,
training, and tools necessary to accomplish their mission. Selection of a use
of force response from the options articulated in this model will be based on:
the skills, knowledge, and ability of the officer; the perceived threat and
amount of resistance offered by a subject; and consideration of the situational
framework. A defined Use of Force Model will enhance the department's
ability to manage the use of force and will benefit the officer by providing
guidance, resources, and options.
B. Officers of the Iowa City Police Department shall follow the principles of the
Use of Force Model. The model describes an escalation of force, which is
based on a reasonable officer's perception of threat or resistance. As a
subject's resistance escalates, more force options become available to the
officer. When resistance stops, the officer must de-escalate, but only after
control (e.g. handcuffing) is accomplished. Officers of the Iowa City Police
Department must generally employ the tools, tactics, and timing of force
utilization consistent with the Model's proscription and training protocols. Due
to the fact that officer/citizen confrontations occur in environments that are
potentially unpredictable, "tense, uncertain, and rapidly evolving" (Graham v.
Connor, 109 S.Ct. 1865, 1872. (1989) the officer may utilize tools, tactics, and
timing outside the parameters of the Model. However, these applications of
force must meet the same test of reasonableness as those which have been
previously identified and approved by the Department.
C. When safe under the totality of the circumstances and if time and .
circumstances permit, members of the department shall use ale-esdlation
techniques in order to reduce the need for force.
De-escalation techniques are actions used by members of th28bpag nenf-
that seek to minimize the likelihood of the need to use force diinig ag incV t
and increase the likelihood of gaining voluntary compliance fr` sabjec
Note that these techniques should only be employed when it i'Ec?5fe-1Z do s
and only if they do not compromise law -enforcement priorities`.'
Cn
When safe and feasible under the totality of circumstances members of the
department shall attempt to slow down or stabilize the situ ition so that more
time, options and resources are available for incident resolution.
When time and circumstances reasonably permit, members of the department
shall consider whether a subject's lack of compliance is a deliberate attempt to
resist or an inability to comply based on factors including, but not limited to:
• Medical conditions
* Mental impairment
• Developmental disability
* Physical limitation
" Language barrier
OPS-03.12
* Drug interaction
* Behavioral crisis
An officer's awareness of these possibilities, when time and
circumstances reasonably permit, shall then be balanced against the facts of the
incident facing the officer when deciding which tactical options are the most
appropriate to bring the situation to a safe resolution.
Mitigating the immediacy of threat gives officers of the department time to utilize
extra resources, and increases time available to call more officers or specialty
units.
The number of officers on scene may increase the available force options and
may increase the ability to reduce the overall force used.
Other examples include:
* Placing barriers between an uncooperative subject and an officer
* Containing a threat
* Moving from a position that exposes officers to potential threats to
safer position
* Decreasing the exposure to potential threat by using
- Distance
- Cover
- Concealment
* Communication from a safe position
compliance, using:
- Verbal persuasion
- Advisements
intended to gain th,subjL39t's
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- Warnings
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Avoidance of physical confrontation, unless immediately nece§Rary (for
example, to protect someone, or stop dangerous behavior)
* Using verbal de-escalation techniques to generate cooperation and gain
voluntary compliance.
* Calling extra resources to assist or officers to assist:
- More officers
- CIT officers
- Officers equipped with less -lethal tools
- Supervisors.
Any other tactics and approaches that attempt to achieve law
enforcement objectives by gaining the compliance of the subject.
OPS-03.13
D. Reasonable officer's perception/Reasonable officer's response (see attached
matrix)
VII. CIVILIAN OFFICERS (COMMUNITY SERVICE AND ANIMAL
CONTROL OFFICERS)
A. Community Service Officers assigned to the road and Animal Control Officers
shall carry chemical irritants (OC) under this policy for the sole purpose of
self-defense from persons or from animals.
B. When dealing with upset persons, civilian officers must first attempt to
deescalate the situation, if it is reasonable to do so, by backing away from the
situation to a place of safety (vehicle or other barrier) and calling for a sworn
officer to come to the scene. If after attempting to deescalate the situation, the
civilian officer reasonably believes that they are going to be assaulted, the
officer may deploy their chemical irritant in a manner consistent with training.
C. When dealing with aggressive animals, civilian officers should try backing
away from the situation to a place of safety (vehicle or other barrier) and call
for a sworn officer to come to the scene to assist. If the civilian officer is
unable to make it to a place of safety and they reasonably believes that they
may be attacked, the officer may deploy their chemical irritant at the animal in
a manner consistent with training.
D. Civilian officers that deploy chemical agents at a person are subject to all
reporting requirements set forth in this policy. Additionally, they area,
responsible to immediately contact the on duty Watch supervisor a well as
summoning medical personnel to the scene for any injuries'.:', --n
E. Civilian officers that deploy chemical agents at an animal sliJtt`not thef"w
supervisor to make them aware that a chemical agent wasi'loyeg as
as the circumstances involved.
F. When dealing with persons, a civilian officer will be held to th% "ReWnable
officer's perception/Reasonable officer's response" standard. (see level four
and five in the attached matrix)
VII. Prerequisites to carrying lethal / less lethal weapons
All personnel authorized to carry weapons intended for use of force
application must receive training on their use from the perspectives of
practical application and organizational policy. Instruction should include
confirmation of employee understanding of legal implications and
requirements, weapon specific operating and care procedures,
documentation and reporting procedures, and obligations following the
use of force.
OPS-03.14
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.
V
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OPS-03.15
LEVEL ONE
Perception — Subject is compliant
Response — Cooperative controls (includes: mental preparation, spatial positioning,
communications skills, handcuffing positions and techniques, searching techniques,
arrest and transport controls)
COOPERATIVE
CONTROLS
USE OF FORCE MODEL - FUNCTIONAL PROFILE
COMPLIANT: LEVEL 1
COOPERATIVE CONTROLS
>
PERCEPTION SKILLS
MENTAL PREPARATION
>
RISK ASSESSMENT
>
SURVIVAL ORIENTATION
>
OFFICER STANCE
1 SPATIAL POSITIONING
>
BODY LANGUAGE
>
RELATIVE POSITIONING
VERBAL
VERBAL COMMANDS/DIRECTIVES
COMMUNICATION SKILLS
>
- VERBAL DE-ESCALATION
TECHNIQUES
>
NON-VERBAL
i
>
WALL_
HANDCUFFING POSITIONS
>
STANDING
>
PRONE
>
KNEELING 3f�
t
-V
HANDCUFFING TECHNIQUE
>
CONTROLLED
>
WALL '
rn
SEARCHING TECHNIQUES
>
STANDING>
PRONE
>
KNEELING
>
OPPOSITE SEX
SPECIALIZED TECHNIQUES
>
FRISK
>
STRIP
ARREST TECHNIQUES
>
SINGLE OFFICER
>
MULTIPLE OFFICERS
ESCORT CONTROLS
>
SINGLE OFFICER
>
MULTIPLE OFFICERS
TRANSPORT CONTROLS
>
SINGLE OFFICER
>
MULTIPLE OFFICERS
LEVEL TWO
Perception — Subject is passively resistant
Response — Contact controls (includes: contact controls, conflict management
techniques, mass formation arrest techniques (multiple officer lifts, stretchers,
wheelchairs etc.)
USE OF FORCE MODEL -FUNCTIONAL PROFILE
RESISTIVE (Passive): LEVEL 2 CONTACT CONTROLS
FORCE OPTIONS also includes all options from lower Levels
> VERBAL
COMMUNICATION SKILLS -VERBAL DIRECTIVES
-VERBAL DE-ESCALATION TECHNIQUES
> NON-VERBAL
> ARM
CONTACT CONTROLS > WRIST
> HAND
> ESCORT TECHNIQUES
ARREST TECHNIQUES > TRANSPORT TECHNIQUES
> MASS FORMATION
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OPS-03.17
LEVEL THREE
Perception — Subject is actively resistant
Response — Compliance techniques (includes: neuromuscular controls, joint
manipulation, nerve compression, chemical irritants, e.g. OC spray, controlled stopping
devices for fleeing vehicle incidents)
COMPLIANCE TECHNIQUES
USE OF FORCE MODEL - FUNCTIONAL PROFILE
RESISTANT (Active): LEVEL 3 COMPLIANCE TECHNIQUES
FORCE OPTIONS also includes all options from lower Levels
> NERVE COMPRESSION TECHNIQUES
> CHEMICAL IRRITANTS, CROWD CONTROL
COMPLIANCE CONTROLS CHEMICAL MUNITIONS
> CONTROL TACTICS
> HEAD
NERVE COMPRESSION TECHNIQUES: > NECK
NEURO-MUSCULAR CONTROLS > ARM
> LEG
> WRIST ROTATION
CONTROL TACTICS
C> ELBOW LEVERAGE sQ
BICYCLE > TAKE DOWN TECHNIQUES"-r
> COMM UNICATIONS/ASSESSMEKIL�Srn
VEHICLE PURSUIT TACTICS > PACING/TRAILING TECHNIQUES rT1
LEVEL FOUR
Perception — Subject is physically assaultive and may cause bodily injury
Response — Defensive tactics (includes: personal weapon defense, e.g. hands, knees,
feet, active countermeasures, etc.; impact weapons, e.g. ASP, weapon retention
techniques, conducted energy devices)
USE OF FORCE MODEL - FUNCTIONAL PROFILE
ASSAULTIVE Potential Bodily Harm): LEVEL 4
DEFENSIVE TACTICS
FORCE OPTIONS also includes all options
from lower Levels
>
HEAD
>
HANDS
PERSONAL WEAPON DEFENSES
>
ELBOWS
>
FEET
>
KNEES
IMPACT WEAPONS (ASP)
>
STRIKES
>
IMPACT PROJECTILES
>
CANINE OPERATIONS
LESS LETHAL WEAPONS
>
CONDUCTED ENE RGY
DEVICES
>
OTHER OPzRI�S •^+
>
FRONT n-{ --
WEAPON RETENTION TECHNIQUES (Less Lethal)
>
REAR :4(-)
>
SIDE -<r- -a M
>
=Y
CONTROL/REH'ENSI
OTHER WEAPONS
CANINE*
TECHNIQUES tv
*Deployment of canine for apprehension/protection shall be preceded by actions of
suspect which are consistent with Level 4 (Assaultive — Potential Bodily Harm) behavior.
The exception to this is the deployment of canine for building searches or related
circumstances, where the suspect actions are not known. In this circumstance
procedures spelled out in the "Canine Operations" General Order (99-04) shall be
followed.
i• 1
LEVEL FIVE
Perception - Subject is assaultive and likely to cause SERIOUS bodily injury or death
Response- Deadly force (includes: weapon/weapons attack defense, lethal force
utilization with service/supplemental weapons, forcible stopping techniques for assault
with vehicle incidents)
USE OF FORCE MODEL - FUNCTIONAL
PROFILE
ASSAULTIVE (Serious Bodily Harm/Death):
DEADLY FORCE
LEVEL 5
FORCE OPTIONS also includes all options
from lower Levels
> WEAPON
ATTACK DEFENSE
> WEAPONLESS
> WEAPON RETENTION
TECHNIQUES
> SERVICE WEAPON
LETHAL FORCE UTILIZATION
> SUPPLEMENTAL WEAPON
> OTHER OPTIONS
OTHER OPTIONS:
> CONTACT
FORCIBLE STOPPING TECHNIQUES
> ROADBLOCK
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ems
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Redline Version
Red Highlights are Deletions
Green Highlights are Additions
OPS-03.1
Original Date of Issue General Order Number
_April 28, 2001 99-05
Effective Date of Reissue Section Code
April 16, 2018 1 OPS-03
Reevaluation Date Amends
April 2019
C.A.L. E.A. Reference
1.3.1-1.3.8, 1.3.13 (see "INDEX AS")
INDEX AS:
_C
• Use of Force
. Use of Force Wd�l
• Reporting
. Canine 5-,""`
cr+
Significant Force
• Arrestsr�'-
• Investigation
• Warning Shotsa;rlol
*_:;;Z
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I. PURPOSE
The purpose of this policy is to provide
members of the Iowa City Police Department
with guidelines on the use of deadly and non -deadly force.
II. POLICY
The Iowa City Police Department recognizes and respects the value and special
integrity of each human life. In investing officers with the lawful authority to use force to
protect the public welfare, a careful balancing of all human interests is required.
Therefore, it is the policy of the Iowa City Police Department that police officers shall
use only that force that is reasonable and necessary to accomplish lawful objectives
and effectively bring an incident under control, while protecting the lives of the officers
and others.
III. DEFINITIONS
A. Deadly Force (Section 704.2, Code of Iowa) - For the purpose of this policy,
shall mean any of the following:
1. Force used for the purpose of causing serious injury.
2. Force which the actor knows, or reasonably should know, will create a
strong probability that serious injury will occur.
3. The discharge of a firearm, in the direction of some person with the
knowledge of the person's presence there, even though no intent to
inflict serious physical injury can be shown.
4. The discharge of a firearm, at a vehicle in which a person is known to
be.
B. Serious Injury (Section 702.18 Code of Iowa)— Means disabling mental
illness, or bodily injury which creates a substantial risk of death or which
causes serious permanent disfigurement, or protracted loss or impairment of
the function of any bodily member or organ.
C. Reasonable Force (Section 704.1, Code of Iowa) — Is that force and no more
which a reasonable person, in like circumstances, would judge to be
necessary to prevent an injury or loss and can include deadly force if it is
reasonable to believe that such force is necessary to avoid injury or risk to
one's life or safety or the life or safety of another, or it is reasonable to believe
that such force is necessary to resist a like force or threat. Reasonable force,
including deadly force, may be used if an alternative course of action is
available if the alternative entails a risk to life or safety, or the life or safety of
a third party, or requires one to abandon or retreat from one's dwelling or
place of business or employment.
29
D. Reasonable Officer: Objective Standard
,
VO
1. "The 'Reasonableness' of a particular use of force mustjwd d fr
the perspective of a reasonable officer on the scene rat an with
20/20 vision of hindsight. Graham v. Connor, 109, S.Ctf�, *.972.
(1989)
2. "Reasonableness" also takes into account that police officers make
judgments in a split second under circumstances that are "tense,
uncertain, and rapidly evolving - about the amount of force that is
necessary in a particular situation. Graham v. Connor, 109 S.Ct. 1865,
1872. (1989)
E. Less Lethal Munitions (as used in this policy) — Any Department approved
weapons and/or munitions system designed to stun, temporarily incapacitate,
or cause temporary discomfort to a person.
F. Use of Force — Any contact applied by an officer that significantly restricts or
alters the actions of another and/or compels compliance with the demands or
instructions of the officer. This includes the use of restraint devices such as
handcuffs.
OPS-03.3
IV
G. Verbal Commands/Directives — Verbal communication by an officer directing
someone to perform or not to perform an act: e.g. "Stop", "Don't move", "Put
your hands up", or "Get on the ground".
ediacy of a threat so that more time. options, and resources are
11 vaitable to resolve the situation. The.goal of de-escalation is. to air
ry compliance of s e
to the necessity to
Code of Iowa — Use of Force in Making Arrests and Preventing
Escape
A. Section 804.8 Use of force by peace officer making an arrest
A peace officer, while making a lawful arrest, is justified in the use of any
force which the peace officer reasonably believes to be necessary to effect
the arrest or to defend any person from bodily harm while making the arrest.
However, the use of deadly force is only justified when a person cannot be
captured any other way and either.
1. The person has used or threatened to use deadly force in committing a
felony, or
2. The peace officer reasonably believes the person would use deadly
force against any person unless immediately apprehend8d.
A peace officer making an arrest pursuant to an invalid warrat#as j �rfied4h
the use of any force which the peace officer would be justifie? n�u xv if tLill
warrant were valid, unless the peace officer knows that the Vg6nt& invrV.
B. Section 804.13 Use of force in preventing an escape. c M 4 M
r- 0
A peace officer or other person who has an arrested person in cusWy is
justified in the use of such force to prevent the escape of the arrested person
from custody as the officer or other person would be justified in using if the
officer or other person were arresting such person.
V. PROCEDURES
A. DEADLY FORCE
1. Purpose of statement
a. To delineate the Department's policy regarding the use of deadly
force.
b. To establish policies under which the use of deadly force is
permissible.
2. Policy
a. Officers of the Iowa City Police Department may use deadly force
to stop or incapacitate an assailant to prevent serious bodily injury
or death. For this purpose and to minimize danger to innocent
bystanders, the officer should shoot at the center body mass,
whenever possible.
An officer may use deadly force to protect him/her or others from
what he/she reasonably believes to be an imminent threat of death
or serious injury.
c. An officer may use deadly force to effect the capture or prevent
escape if:
The person used or threatened to use deadly force in
committing a felony, and
ii. The peace officer reasonably believes the person would use
deadly force against a person unless immediately
apprehended.
d. No distinction shall be made relative to the age of the intemded
target.
e. Warning shots by officers of the Iowa City Police DM altra-ght arc --
prohibited. -JC ; r�
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f. A verbal warning shall be utilized prior to an officera har§ing 0
weapon unless it would compromise the safety of t officer or
others. "
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Shooting at or from a moving vehicle is prohibited, except under the
following circumstances:
When the occupant of the vehicle is utilizing deadly force
against the police officer or other persons.
ii. As a last resort to prevent death or serious injury to officers or
other persons.
iii. As a last resort to apprehend a person who has just committed
a felony resulting in death or serious injury.
iv. The discharge of firearms shall not be utilized when
circumstances do not provide a high probability of striking an
OPS-Q3.5
intended target or when there is substantial risk to the safety
of other persons, including the risk of causing vehicle
accidents.
3. Injuries resulting from Use of force.
a. Officers shall render appropriate first aid to any person injured or
complaining of pain following the use of force.
b. EMS will be summoned to the scene to ensure delivery of
appropriate medical treatment when:
i. Requested by the subject(s) involved.
ii. The extent of an injury is unknown or not visible.
iii. The nature or extent of the injury dictates.
c. Officers shall err on the side of caution, requesting EMS to respond
to the scene if in doubt about the existence or extent of an injury.
4. Surrender of firearm.
When officers or employees discharge a firearm that results in personal
injury or death to any person, the officer or employee shall surrender that
firearm to his/her supervisor or a higher authority consistent with
departmental directives. Firearms involved in police shooting incidents
shall not be unloaded, cleaned, nor in any way altered from thetondition
immediately following discharge other than to make the VapoQafe 19r
transport.a`_—{ 77�1
a. When more than one officer or weapon has been in 3ed in a
shooting situation resulting in any injury or death, t ftefflvog�d M
weapons must be surrendered to the commanding ;ic er.iff 0
accordance with departmental directives. j'
cn
b. The commanding officer receiving such firearm or firearms shall
immediately secure and document the same as evidence.
B. LESS LETHAL FORCE
Where deadly force is not authorized under this policy, officers should
assess the incident in order to determine which less lethal technique will
best de-escalate the incident and bring it under control in a safe manner.
Officers shall use no more force than is reasonably necessary to gain
OPS-03.6
control of an individual or situation. Officers are authorized to use force
consistent with the Use of Force model.
2. An officer shall use no more force than that officer reasonably feels is
necessary in the performance of their official duties. Use of force by an
officer is justified in, but not limited to, the following situations:
a. To protect the officer or others from physical harm.
b. To control an arrestee or a potentially violent person
c. To restrain or subdue a resistant individual. Approved restraint
devices are handcuffs (hinged and chain style), flex -cuffs and nylon
leg restraints.
d. To bring an unlawful situation safely and effectively under control.
Officers shall offer medical treatment to any non -combative person who
has been exposed to a chemical irritant / OC spray. Officers shall
decontaminate a person exposed to a chemical irritant and continue to
monitor the condition of that person until they are no longer in the
custody of the officer.
B. NOTIFICATIONS
Any officer who discharges a firearm in the course of their dutwhall
immediately contact his/her supervisor. (This does not a ly to-nimal
euthanasia where supervisory permission to discharge t�ea'on mkt
be sought prior to the destruction of the animal ((see s Zih
"REPORTING USE OF FORCE INCIDENTS")) or trainin ituaMns)
this is not practical, the officer shall contact the on -duty R of serve
The notified supervisor shall then contact the following inn u -
a. The involved officer's Division Commander. " can
It shall be the Division Commander's responsibility to notify the
Chief of Police.
ii. If the Division Commander cannot be notified, a watch
supervisor shall notify the Chief of Police.
b. The County Attorney of the county in which the incident occurred.
c. The City Attorney.
d. The City Manager.
e. The Criminal Investigation Commander or his/her designee.
f. Other as Required by the Mandatory Call Matrix
OPS-03.7
2. The on -duty watch supervisor shall be immediately notified or
summoned to the scene of any incident where use of force results in a
physical injury.
3. The on -duty watch supervisor shall be immediately notified when a
chemical irritant / OC spray is utilized.
4. The on -duty watch supervisor shall be immediately notified when a
conducted energy device is discharged.
C. REPORTING USE OF FORCE INCIDENTS
1. Discharge of Firearms — report required.
Any officer who discharges a firearm for any reason or purpose other
than those exceptions listed in this section, shall make a written report to
his/her immediate supervisor as soon as circumstances permit. This
written report will then be forwarded through the chain of command to
the Chief of Police for review. Exceptions to the requirement of a written
report apply to the following circumstances in which no accident or injury
results:
a. The discharge of firearms on firearm ranges or in an are4or
firearms practice.
b. Sporting events to include lawful hunting and orgarT� ALtinj=
matches.
2. When, in accordance with applicable law, it becomes ne ry r ar�
officer to discharge a firearm to destroy an animal which . sen%a
danger or is seriously injured or ill, the officer will, prior to dischaRoing the
firearm, request permission to do so from the on -duty supervisor. If such
action must be immediately taken in order to protect the officer's or
another person's safety, the officer need not delay action in order to
request this permission. In this circumstance, however, the Watch
Supervisor must be notified immediately after the firearm is used. A Use
of Force report is required.
3. — Review Committee.
Use of force incidents shall be reviewed by a committee consisting
of a minimum of three sworn personnel.
i. The committee shall 9M consist of a
WIMMImM,t of Planning and Research ari
Sergeant, and a third person designated by the Division
mander two supervisors as designated by the Chief of
and one officer -preferably a use of force instructor. To
e differing perspectives, the Chief of Police may appoint
le committees that alternate review responsibilities.
�
ii. This group ® _, at a minimum, meet every -
month'LI to review the Use of Force Reports from the previous
montnl.
The purpose of this committee shall be to review all facts and
This committee will make recommendations on these matters
to the Chief of Police.
b. All non-use of force firearms discharges (e.g. accidental/negligent
discharge), with the exception of the destruction of animals which are
reviewed by the Use of Force Committee, shall be reviewed in a
manner consistent with General Order 99-06: Internal Affairs
Investigations as assigned by a Division Commander.
At a minimum, this will consist of a Report of Inquiry and
supervisory review.
ii. The Division Commander and the Training and Accreditation
Sergeant will review the investigation and findings to identify
any training recommendations which are necessary, and/or
any need for policy changes. Recommendations on these
matters will be forwarded to the Chief of Police.
4. Use of Force Reports
N
a. A Use of Force Report with a written narrative regafdi g a use
force incident will be submitted in addition to any in-icnt �port;,�;
The report(s) shall contain the following informatiorF?-< —--
-,rc� oa
i. Arrestee/suspect information.
M �
ii. Incident number(s), date and time of incident, 4hd re�grting
officer.
iii. Description of actual resistance encountered.
iv. All required fields completed in Use of Force report.
The force used by the officer to overcome the resistance and
the specific weapon or technique used.
vi. A description of any alleged or actual injuries to either the
officer or suspect.
vii. Pictures taken of any injuries to either the officer or suspect.
viii. Exposure to Chemical Irritant / OC spray will additionally
require the documentation of medical treatment being offered,
supervisor notification, and decontamination procedures.
ix. A Conducted Energy Device deployment will additionally
require the documentation of medical treatment, if medical
treatment is refused by the suspect, supervisor notification,
and the number of cycles/applications used.
When the only use of force is the application of handcuffs, double
locked, no use of force report is necessary. The application of
handcuffs, double locked will be documented on a written complaint
or citation or in the body of an incident report.
c. A supervisor of the reporting person shall review the report for
adherence to Department policy and procedure and document their
conclusions.
All reports concerning use of force shall be forwarded
chain of comfd to the Division Commander for
Sergeant of Planning/Research.
e. The Cautain of FiPifi nnara#innc and ., nii
ca
5. Executive Review. ro •'g"�
2>
At a minimum, the Chief of Police and/or designee will c �dductc? �
documented analysis of all reports and incidents of force aivalky. Arm
analysis of reports and incidents of force could reveal pates ooftrerim
that indicate training needs, equipment upgrades and/or: icy'*
modifications. Po
rn
D. INVESTIGATION OF USE OF FORCE RESULTING IN DEATH OR
SERIOUS INJURY
When any member of the police department is involved in an incident
resulting in death or serious injury, a thorough and objective
investigation of facts and circumstances will be initiated as soon as
practical by the Chief of Police's designees and completed as soon as
practical.
2. The Chief of Police or his/her designee shall decide whether the DCI
and/or any other outside agency shall be called to assist in the
investigation.
• • 1 i;
3. If an incident resulting in death or serious injury which involves a sworn
Iowa City police officer occurs in another police jurisdiction, the officer
shall cooperate with that jurisdiction, as set forth in Iowa City Police
Department directives.
4. The on -duty watch commander/supervisor shall ensure that appropriate
case reports are initiated and that potential evidence is preserved.
5. The officer(s) or employee involved in the death or serious injury shall be
relieved of field duty without the loss of pay or benefits, pending the
results of the departmental investigation. Other officers or employees
involved in the incident also may be relieved of field duty without loss of
pay or benefits at the discretion of the Chief of Police, while the
investigation is pending:
a. The officer or employee shall be available at all times for official
interviews and statements regarding the case, and shall be subject
to recall to duty at any time. The officer or employee must receive
permission from the Chief of Police, or the Chiefs representative,
prior to leaving the area. If such permission is given, the officer or
employee shall supply the phone number(s) of his/her location and
duration of the absence.
b. The officer or employee will not discuss the case with anyone
except the prosecuting attorney and/or persons designated by the
Chief of Police or their designee. This does not prohibit the officer
or employee from discussions with his/her attorney. If the officer or
employee may be the subject of internal review or criminoMharges,
his/her constitutional rights and administrative protSgtion ill bl�-n maintained. The officer or employee will attend posti,Qun3tic
stress counseling at the discretion of the Chief of Pi.�.
jtn
c. At the discretion of the Chief of Police, the officer or.AFplo e
be returned to duty upon departmental receipt of notioj.fro
the counselor or mental health professional indicatirtdthe dicer's
fitness for duty. ch
6. The investigation and administrative leave policy outlined herein is not
intended to imply or indicate the officer or employee has acted
improperly, but is designed to safeguard the officer or employee and the
Department.
7. The Chief of Police may appoint one or more individuals to conduct a
separate yet parallel (administrative) investigation into a use of force
incident to ensure all personnel followed departmental policies and
guidelines.
A. USE OF FORCE MODEL
OPS-03.11
A. Police officers are given the unique right to use force, even deadly force,
against others for legitimate law enforcement purposes. The right to use force
carries with it an obligation to use that force in a responsible manner. Police
agencies have an obligation to provide their employees with the policies,
training, and tools necessary to accomplish their mission. Selection of a use
of force response from the options articulated in this model will be based on:
the skills, knowledge, and ability of the officer; the perceived threat and
amount of resistance offered by a subject; and consideration of the situational
framework. A defined Use of Force Model will enhance the department's
ability to manage the use of force and will benefit the officer by providing
guidance, resources, and options.
B. Officers of the Iowa City Police Department shall follow the principles of the
Use of Force Model. The model describes an escalation of force, which is
based on a reasonable officer's perception of threat or resistance. As a
subject's resistance escalates, more force options become available to the
officer. When resistance stops, the officer must de-escalate, but only after
control (e.g. handcuffing) is accomplished. Officers of the Iowa City Police
Department must generally employ the tools, tactics, and timing of force
utilization consistent with the Model's proscription and training protocols. Due
to the fact that officer/citizen confrontations occur in environments that are
potentially unpredictable, "tense, uncertain, and rapidly evolving" (Graham v.
Connor, 109 S.Ct. 1865, 1872. (1989) the officer may utilize tools, tactics, and
timing outside the parameters of the Model. However, these applications of
force must meet the same test of reasonableness as those which have been
previously identified and approved by the Department.
L
ques are actions used by mem' mrze the likelihood of the need to use orce mg gie the likelihood of gaining voluntary compliance frdm aese techniques should only be employed when it is safe`f'o_
hey do not compromise law -enforcement priorities
circumstances,
en me an c rcumstances reasonably permit, membe
bject's lack of compliance is a d
ply based on factors including, but not limited
!if
OPS-03.12
circumstances reasonably permit, shall then be bal
incident facing the officer when deciding which tact
AppgWate to bring the situation to a safe resolutio
the immediacy of threat gives officers
MW u urces, and increases time available t.
MI
luntary comp
t ' Calling extra
OPS-03.13
Supervisors
Any other tactics and approaches that
JJEJJJJJRW&AJWrdWnt obje
D. Reasonable officer's perception/Reasonable officer's response (see attached
matrix)
VII. CIVILIAN OFFICERS (COMMUNITY SERVICE AND ANIMAL
CONTROL OFFICERS)
A. Community Service Officers assigned to the road and Animal Control Officers
shall carry chemical irritants (OC) under this policy for the sole purpose of
self-defense from persons or from animals.
B. When dealing with upset persons, civilian officers must first attempt to
deescalate the situation, if it is reasonable to do so, by backing away from the
situation to a place of safety (vehicle or other barrier) and calling for a sworn
officer to come to the scene. If after attempting to deescalate the situation, the
civilian officer reasonably believes that they are going to be assaulted, the
officer may deploy their chemical irritant in a manner consistent with training.
C. When dealing with aggressive animals, civilian officers should -try b eing
away from the situation to a place of safety (vehicle or other cgarder4nd eql(
for a sworn officer to come to the scene to assist. If the civilia"r T1ficUF is .
unable to make it to a place of safety and they reasonably be4,�\esjjat tV7
may be attacked, the officer may deploy their chemical irritar1k%the.,qninMr
a manner consistent with training. c;a
D. Civilian officers that deploy chemical agents at a person are s bjecuo all
reporting requirements set forth in this policy. Additionally, they are
responsible to immediately contact the on duty Watch supervisor as well as
summoning medical personnel to the scene for any injuries.
E. Civilian officers that deploy chemical agents at an animal shall notify their
supervisor to make them aware that a chemical agent was deployed as well
as the circumstances involved.
F. When dealing with persons, a civilian officer will be held to the "Reasonable
officer's perception/Reasonable officer's response" standard. (see level four
and five in the attached matrix)
-----Mwauthoriztmrarcmrrvrocwtis intended for use of fo
application must receive training on their use from the perspectives of
practical application and organizational policy. instruction should include
confirmation of employee understanding of legal imptications and
requirements, weapon specific operating and care procedures,
OPS-03.14
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.
E=c
c�
c;n
OPS-Q3.15
LEVEL ONE
Perception — Subject is compliant
Response — Cooperative controls (includes: mental preparation, spatial positioning,
communications skills, handcuffing positions and techniques, searching techniques,
arrest and transport controls)
COOPERATIVE'
•
USE OF FORCE MODEL - FUNCTIONAL PROFILE
COMPLIANT: LEVEL 1
COOPERATIVE CONTROLS
>
PERCEPTION SKILLS
MENTAL PREPARATION
>
RISKASSESSMENT
>
SURVIVAL ORIENTATION
>
OFFICER STANCE
SPATIAL POSITIONING
>
BODY LANGUAGE
>
RELATIVE POSITIONING
VERBAL
VERBAL COMMANDS/DIRECTIVES
COMMUNICATION SKILLS
>
- VERBAL DE-ESCALATION
TECHNIQUES
>
NON-VERBAL
>
WALL O
co
HANDCUFFING POSITIONS
>
STANDING --Ec
X>_4
i
=
>
PRONE
....
>
KNEELING C2"<
HANDCUFFING TECHNIQUE
>
CONTROLLED
s
M
� 3:
s-
>
WALL r
SEARCHING TECHNIQUES
>
STANDING
>
PRONE
>
KNEELING
>
OPPOSITE SEX
SPECIALIZED TECHNIQUES
>
FRISK
>
STRIP
ARREST TECHNIQUES
>
SINGLE OFFICER
>
MULTIPLE OFFICERS
ESCORT CONTROLS
>
SINGLE OFFICER
>
MULTIPLE OFFICERS
TRANSPORT CONTROLS
>
SINGLE OFFICER
>
MULTIPLE OFFICERS
OPS-03.16
LEVEL TWO
Perception — Subject is passively resistant
Response — Contact controls (includes: contact controls, conflict management
techniques, mass formation arrest techniques (multiple officer lifts, stretchers,
wheelchairs etc.)
USE OF FORCE MODEL -FUNCTIONAL PROFILE
RESISTIVE (Passive): LEVEL 2 CONTACT CONTROLS
FORCE OPTIONS also includes all options from lower Levels
> VERBAL
COMMUNICATION SKILLS - VERBAL DIRECTIVES
- VERBAL DE-ESCALATION TECHNIQUES
> NON-VERBAL
> ARM
CONTACT CONTROLS > WRIST
> HAND
> ESCORT TECHNIQUES
ARREST TECHNIQUES > TRANSPORT TECHNIQUES
> MASS FORMATION
I
ca
co
m
m
r
)
y<rr-n
M
OPS-03.17
LEVEL THREE
Perception — Subject is actively resistant
Response — Compliance techniques (includes: neuromuscular controls, joint
manipulation, nerve compression, chemical irritants, e.g. OC spray, controlled stopping
devices for fleeing vehicle incidents)
COMPLIANCE TECHNIQUES
USE OF FORCE MODEL - FUNCTIONAL PROFILE
RESISTANT (Active): LEVEL 3 COMPLIANCE TECHNIQUES
FORCE OPTIONS also includes all options from lower Levels
> NERVE COMPRESSION TECHNIQUES
COMPLIANCE CONTROLS > CHEMICAL IRRITANTS, CROWD CONTROL
CHEMICAL MUNITIONS
> CONTROL TACTICS
> HEAD
NERVE COMPRESSION TECHNIQUES: > NECK
NEURO-MUSCULAR CONTROLS > ARM
> LEG
CONTROL TACTICS > WRIST ROTATION
> ELBOW LEVERAGE
BICYCLE > TAKE DOWN TECHNIQUES zt
VEHICLE PURSUIT TACTICS > COMMUNICATIONS/ASSESSM T..SKI��tS
> PACING/TRAILING TECHNIQUE 70 ....
=-3-< c9y Cr M
-v
nc
cn
LEVEL FOUR
Perception — Subject is physically assaultive and may cause bodily injury
Response — Defensive tactics (includes: personal weapon defense, e.g. hands, knees,
feet, active countermeasures, etc.; impact weapons, e.g. ASP, weapon retention
techniques, conducted energy devices)
USE OF FORCE MODEL — FUNCTIONAL PROFILE
ASSAULTIVE Potential Bodily Harm): LEVEL 4
DEFENSIVE TACTICS
FORCE OPTIONS also includes all options
from lower Levels
>
HEAD
>
HANDS
PERSONAL WEAPON DEFENSES
>
ELBOWS
>
FEET
>
KNEES
IMPACT WEAPONS (ASP)
>
STRIKES
>
IMPACT PROJECTILES
>
CANINE OPERATIONS
LESS LETHAL WEAPONS
>
CONDUCTED ENERGY
DEVICES
>
OTHER OPTIONS
>
FRONT
WEAPON RETENTION TECHNIQUES (Less Lethal)
>
REAR^'
OTHERWEAPONS
CANINE'
>
>
SIDE m
+5 =
CONTROL/ FR REARENSIQW.
TECHNTQ' Cf S=
Deployment of canine for apprehension/protection shall be preceded tioss of
�—q
suspect which are consistent with Level 4 (Assaultive — Potential BodilUnnoeha i r.
The exception to this is the deployment of canine for building searches Br relaw
circumstances, where the suspect actions are not known. In this circumstance
procedures spelled out in the "Canine Operations" General Order (99-04) shall be
followed.
•-c 0r, a
LEVEL FIVE
Perception - Subject is assaultive and likely to cause SERIOUS bodily injury or death
Response- Deadly force (includes: weapon/weapons attack defense, lethal force
utilization with service/supplemental weapons, forcible stopping techniques for assault
with vehicle incidents)
USE OF FORCE MODEL — FUNCTIONAL
PROFILE
ASSAULTIVE (Serious Bodily Harm/Death):
LEVEL 5
DEADLY FORCE
FORCE OPTIONS also includes all options
from lower Levels
>
WEAPON
ATTACK DEFENSE
>
WEAPONLESS> WEAPON RETENTION
TECHNIQUES
>
SERVICE WEAPON
LETHAL FORCE UTILIZATION
>
SUPPLEMENTAL WEAPON
>
OTHER OPTIONS
OTHER OPTIONS:
>
CONTACT
FORCIBLE STOPPING TECHNIQUES
>
ROADBLOCK
"Ce
crr
N
Page 1 Community Police Review Board Community Forum
Members Present: Monique Green, Donald King, David Selmer, Orville Townsend, Sr.
(Chair)
Members Absent: Roycearm Porter
Staff Present: Legal Counsel Patrick Ford. Staff Chris Olney, Kellie Frueliling
Others Present: Police Chief Jody Matherly, Officer Colin Fowler
Call to Order & Roll Call:
Introduction of Board:
Townsend/ Good evening. Why don't we call the meeting to order. I will start off with the roll
call.
Green/ Green present.
King/ King present.
Selmer/ Selmer present.
Townsend/ Townsend present. And note that Porter is absent. Okay, um, start off I'm gonna
give a brief summary of the, uh, C.... CPRB and basically it was established as a tool to..
uh, allow citizens to .... to share complaints, uh, concerns they had related to treatment by
our police officers. Currently the board, the process is there's a complaint. The, uh,
complaint is on file. The Police Chief basically will look at all the information and he
will make a decision as to whether treatment was fair or if there was an issue with unfair
treatment. He writes his final report, and that report is submitted to the Police Review
Board. We look at it, uh, each.... each of us have access to information, which we look at
all the information and then we as a board will basically, uh.....come to a decision and
write a written report, and that is submitted to the City Council. The positive thing about
the process is that (unable to understand) which the public can feel assured that all efforts
are bein' made for fair treatment and to look at issues from all sides. Uh, havin'
public.... individuals from the public involved in the process is a great asset to assure
that. Uh, lot of people feel concerned about policing, police policing themselves, uh, this
is not the issue because of this board. The fact that we are citizens and we are involved in
the process does bring a totally different element that assures that all issues and all sides
are bein' looked at fairly. Um .... with that I'd say, uh, if any of the board members have
anything they'd like to add to that.
This represents only a reasonably accurate transcription of the Community Police Review
Board Community Forum of April 23, 2018.
Page 2 Community Police Review Board Community Forum
Semler/ That's a good summary.
Townsend/ Okay!
Semler/ There are, uh, some details and information also in the pamphlets if you haven't
received it (mumbled) front. Um, we'd encourage you to go ahead and review those.
Consider Motion to Accept Correspondence and/or Documents:
Townsend/ Okay, uh, I will remind you that this is a public forum, which is public recorded, and
bein' recorded for rebroadcast on City Channel 4. At this point 1 would entertain a
motion to accept correspondence or any documents that have been presented.
King/ So moved.
Green/ Second.
Townsend/ It's been moved and seconded. All those in favor. Against. The ayes have it. Okay.
All right, now we're going to, um.....move down to, uh, introduction of our Police Chief.
Uh, Chief Matherly, we'll turn it over to you.
State of the Police Department by Chief Matherly / Meet the new Downtown Liaison Officer
Colin Fowler:
Matherly/ All right, thank you very much! Can everybody hear me? All right! Um, this portion
is just to kind of allow me to talk a little bit about the Police Department, uh, some of our
latest initiatives, uh, kind of the ... the state of the Police Department, if you will. Um,
you're lucky, you're gettin' it before the City Council does, but we have a .... a
Councilman here, Susan Mims, and uh, Mazahir Salih, so a couple Councilpeople are
here, and uh, then we have some folks from the, um, Human Rights Commission
and .... and other folks from various committees with the City. So welcome everybody!
Uh, I warm tell you about the .... the structure of the Police Department itself. Some of
you are familiar with it, some not so much. Uh, we have 80, uh, 82 sworn police officers,
but we're swearing in four additional officers this Wednesday at 1:00 at City Hall. So if
you're interested in watching that, um, we'll be doing it then this Wednesday. But that'll
take us to 86. Um, now two of those positions are grant positions, so those will....will be
gone through attrition in the next couple years because they're grant funded. Um, but....
but that's a fair amount of officers for a city of 74,000 folks. So, um, I will tell you with
that number though it keeps us very busy. We rely heavily on mutual aid through the
This represents only a reasonably accurate transcription of the Community Police Review
Board Community Forum of April 23, 2018.
Page 3 Community Police Review Board Community Forum
University of Iowa Police Department to assist us, uh, the Sheriff's Office, and State
Patrol, as well as surrounding agency. We have a very good working relationship with
those agencies and so we work as one really. Uh, when we're busy they come help us,
and when they're busy we go help them. Uh, so we can do more with .... with a little less
money, which is important to the taxpayers. Uh, for calls for service, uh, we run 70,000
calls for service per year. Uh, now, uh, this year we were 700 calls for service, that is in
17, 700 calls for service fewer than we were in 2016. So....wlien you're talkie' those
kind of numbers, it was fairly, uh, this... fairly much level. Uh, for crime we only went up
1% in 2017 in overall crime, which is good! We .... we don't like to see a big spike in
crime. Uh, we'd love to see a reduction but crime stats are somewhat like bell bottom
jeans — they....they fade in and our, depending on what's going on with society and with
reporting of those crimes. So when crime levels stay level we .... we.....we like that.
We'd certainly like to see a reduction, but .... but again, it's better than ... than raising.
What we did see an improvement in in 2017 was a reduction in violent crime. If you
look at just the FBI violent crime statistics, which is homicide, robbery, uh, forcible
assault, sexual assault, and then aggravated assaults, we only had a reduction of 4%, but
if you throw in other sex crimes like forcible fondling and some of those, we actually had
a reduction of 12% for violent crime, uh, and we really like to see a reduction in .... in
those numbers. It's one thing for your car to get broken into, but it's another thing when
your .... when your personal well-being is attacked, and so we ... we certainly like to make
sure that we're focusing on reduction in violent crime first, and then the .... the property
crimes, uh, as well. Um, but that reduction of violent crime was big for us.
Simultaneously it's important for the Police Department to be fair in our enforcement and
consistent in our enforcement, uh, when we are making the attempts to reduce crime.
That is, we have to get rid of the .... the crime race association and connection. We have
to make sure that we're, um, being fair and...and, um, there aren't disparity and
disproportionality in our traffic stops when it comes to contacts with minorities, uh, and
we have to make sure that we're administering procedural justice out there. That is we're
being fair on the stops, we're listening to folks, we're being patient, and being respectful
and treating people, all people, with dignity, no matter what the circumstances. When we
fail to do that, that's where... folks like the CPRB can come in handy. They can take a
look at our incidents, our processes, um, ouir contacts with citizens and .... and conununity
members and .... and, A help guide us through those murky waters. Uh, our officers are
human. They're not robots. They do make mistakes. But I will tell you they're well
trained, and so their second nature is to rely on that training and be as professional as they
can, and we expect them to do that and we hold `em accountable for that. And the CPRB
holds us accountable for that as well. So it's .... it's very important, uh. to have that
relationship and that level of transparency in everything that we do. Um. ...uh, for... for
numbers for crime, we have about, when we're lookin' at total crimes. and this.. ...this
doesn't count the alcohol possessions and things of that nature, but we have about 4,500
This represents only a reasonably accurate transcription of the Community Police Review
Board Community Forum of April 23, 2018.
Page 4 Community Police Review Board Community Forum
crimes per year that we deal with. Um, so again 70,000 calls for service, that is 70,000
times we're out responding to calls and stopping cars and maybe writing a parking ticket,
but 4,500 of those are the actual thefts, robberies, criminal mischiefs, arsons, whatever
crimes there are, 4,500. And again, 1% raise in that. So we stayed fairly level
throughout the year. Um, we do 12,000 traffic stops a year. That's a very high number.
Uh, to give you sort of a barometer for that, the City of Davenport, which is much larger
than us, does about 5,000 traffic stops per year. So we ... we are very busy in stopping
cars. I will tell you my phone rings very often in Iowa City, to report speeding vehicles,
reckless vehicles, vehicles running stop signs, and I think it's because we have the
University here, Kirkwood. We're pedestrian -friendly, we .... we encourage folks to be
out on their bikes, and so we expect motorists to obey the laws and not hurt anybody, and
that's why I believe because of the high amount of .... of non-tra.... uh. vehicular traffic,
um, that we have, the .... the pedestrians and bicyclists, the people do call that in, and so
we're starting to focus heavily, and I will tell you the City Council is focused heavily on
traffic safety, be it through engineering, uh, issues, uh, to .... to help, uh, slow drivers or
enforcement efforts or technology, uh, we need to look at all of that to keep folks safe,
and so we're working hand -in -hand with other departments in the City, um, our Traffic
Engineers, Street Department, and the guidance of the City Council to make sure we're
on top of that. Uh, it's very important for everybody. Uh, we're working very hard to
reduce disproportional ....disproportionality minority contact. A show of hands. how
many did not know that we measure ourselves for .... for DMC, disproportionately
minority contact, that you had no idea we were even doing that. Okay. So it is well-
known. We've done it for 15, 20 years. Uh, most recently in the, um, 2010 through now,
2018, uh, we look at that annually. We look at the numbers on.....on disproportionality.
Um, are there disparities'? The answer's yes. Uh, do we have work to do? The answer's
yes. Uh, but we strive to work very hard to keep that reduction going, and not just the
amount of traffic stops, but the outcomes of the stops too. When we stop folks, um, are
we asking more blacks to search their car than we are whites? Uh, are we, uh, writing
more tickets to blacks than we are whites? Are we, urn .... um, arresting more blacks than
we are whites? And those measurements are also, uh, counted as well. Urn ... once I stop
that car, I call it low -hanging fruit. We need to be extremely fair and consistent. Now I
may not know what color a person is when I stop the car, and if you've ever done a ride -
along with us, or... even without doin' a ride -along. At night when you're followin' a
car, try to figure out the race of the person driving, the skin color of the person driving is
not easy to do. Um, but by and large, urn ..... just pure numbers, that .... that should be a
one-to-one ratio, correct? It should be no disparity, no disproportionality. But we
haven't gotten there yet, but it's even easier for us to measure and control when we stop
somebody to say, `Don't write somebody, uh, of color more than you would, uh, a .... a
white person.' That's a pretty easy decision, and whether it's, uh, you know, an implicit
bias thing or the officer thinks that they're goima find more, that's a .... that's an
This represents only a reasonably accurate transcription of the Community Police Review
Board Community Forum of April 23, 2018.
Page 5 Community Police Review Board Community Forum
uneducated, uh, move on our part for that to happen, and we need to make sure that our
officers are well trained and well educated to know that, um, if you stop a person for their
taillight, and they're a person of color, and you search their car more than you do a white
person's, you're not gonna find any more contraband than you do the white person. The
stats are real clear. So stop doin' it! Um, we've sent that message very strong to our
officers, and we're gonna see improvements in that area. So it's important for us
to .... while we're dealing with disproportionality, in ... in the name of fairness, that we
concentrate on education and training for the officers and uh, I'll tell you how important
that is. We've gone from 200 hours total training in 2016 to over 1,100 hours in 2017 in
that area since I've been here. And i got here in January of 17. So I've put a lot of
emphasis on that and we will continue to do that. Uh, then the second thing is, uh, our
deployment of resources. You know, we're not deploying resources and trying to reduce
crime, uh, by targeting, uh, certain communities, communities of color. We need to
target crime trends and address the problem where it stands to reduce especially violent
crime, as I mentioned. And the other thing that we're doing too is to, um, improve our
community outreach. Uh, community policing is, uh, one of the pillars of the 2 1 "
century, uh, policing that President Obama had put into place, and uh, that means getting
out and earning the trust and .... and the legitimacy of the community, to let them know
that, uh.... Sir Robert Peel said, uh, `The public is the police, and the police is the public,'
and so, uh, we need to make sure that ... that folks, uh, appreciate what we do, understand
what we do, respect what we do, and trust that we're doing the right thing. Uh, and so
continually contact... continual contact with the public; in formal settings like our Citizens
Police Academy and National Night Out and... and the Hate Crimes Public Forum we just
did, and then informal, um, as well. Again that procedural justice — every time we come
into contact with folks, whether we're meeting them in the ped mall or we're, um, on a
traffic stop with them, that they're treated with dignity and respect. So those are the
things that we're workin' on, uh, for the disproportional ity portion. Um ..... with that, let
me introduce Colin Fowler. So Officer Fowler .... is our, um, new, I say new. He's not
really new. It's been several months now, but downtown police officer. So, uh.... David
Schwindt was the officer before him. Lot of folks called him Officer Friendly, but he
works, uh, quite often with Angela, from the Downtown District, and uh, and some of the
downtown businesses to improve quality of. ... of life downtown, quality of, um .... of the
business community downtown, and the idea is to enhance everybody's experience down
here. Uh, I mentioned 70,000 calls for service. The downtown district is our number one
calls for service, 12,000 calls for service each year for the downtown district. So,
compared to the second district is like 5,000 in certain neighborhoods. So that tells you
how busy we are down here. When you're talkin' numbers that big, we need to focus on
that because there's a lot of activity down here, between residences, the University, the
businesses, um, everything that's going on, so .... very important. So I'm gonna give him
This represents only a reasonably accurate transcription of the Community Police Review
Board Community Forum of April 23, 2018.
Page 6 Community Police Review Board Community Forum
the .... the floor here in just a minute to talk a little bit about what he does and what some
of his goals are.
Fowler/ Thank you. I'm Colin Fowler and took over the liaison spot late last year from Officer
Schwindt. He's moved on to the data driven justice project so he's still around, just not
seen very often. Before I took over his position, I worked in the downtown bike patrol
for about five years. So you may have seen me down there. t often get recognized. Um,
so I took over for his position. I already have a .... a good understanding of the issues that
were downtown, the people that were down there, the transients, the students, uh, and a
lot of business owners. Some .... one of the fun and challenging parts of my job is I try
and make the downtown, specifically the Northside, the ped mall area, uh, all those
different groups of people trying to use the same footprint, everyone tryin' to get their
own enjoyment out of it. So it's challenging and it's fun. In the winter, a lot of my job
shifts to homeless outreach. The homeless that we see downtown, uh, during the warm
months suddenly have to get inside at night, uh, otherwise it's dangerous. I getta work
with the homeless an awful lot. I inherited Officer Schwindt's big thing was the 'sock
police.' So I have a massive drawer full of warm socks and hats and scarves that I carry
around with me when I'm on patrol and I give `em out, which gets me some teasing from
my co-workers, but i can take it, it's not too bad. It's really rewarding though. Also
since I work with the homeless so much. I'm involved in the new, uh, Housing First
project (mumbled) Cross Park. (mumbled) recognize people from groundbreaking
(mumbled) that's really exciting to me and since I've known the homeless for so long,
uh, hopefully 1 can. ... the people that are most at risk and need housing the most get the
top of the list. Uh, if you have any questions I'm always downtown. Usually have the
bright yellow shirt, I look like a .... a walking highlighter and um, I also have a City -
issued cell phone if you have any questions too.
Matherly/ Let me add one thing to that too. One of the positions that I talked about that we're
adding is going to be a .... a downtown officer in the evening hours, uh, because he takes
off around 5 or 6 at night, as Schwindt did. Um, and talking to the Nighttime Mayor,
Angela, and Nancy from the Downtown District, some of the businesses, and .... and my
officers, you know, we really need a downtown officer during those evening hours. So
the City Council supported us in, uh, hiring somebody to do that, and also spend half
their time out into the neighborhoods too. One of the problems with the ... .with the
neighborhood response unit for loud party patrol they call it, is, uh, a timely response. So
this officer would double as that as well. Um, if there's loud party calls going in ... in the
neighborhood areas, which generally circle right around the downtown area, uh, to the
most ... for the most part. Gonna be .... he or she will be available for a quick response, uh,
and not delayed. Um, as we talk to our, some of our neighborhood, um, folks in .... in the
Neighborhood Support Division of the City, they said that's one of the biggest problems
This represents only a reasonably accurate transcription of the Community Police Review
Board Community Forum of April 23, 2018.
Page 7 Community Police Review Board Community Forum
-- delayed response to those calls. So we warm enhance that. So this person will be
working hand -in -hand with Angela, identifying issues, and identifying ways that we can
improve the quality of. ... of, uh, the experience of the downtown area. We're excited
about that position. You should see that right around July is when we'll get that goin'.
So I just wanted to add that.
Townsend/ I had a question, uh, the sub -station we have (mumbled) created, uh, what's your
feelings about that? Do you feel it's gettin' the results that we wanted?
Matherly/ Yes, and thank you cause I was supposed to bring that up and I forgot (laughs) He's
keepin' me goin'! Um, how many here did not know that we had a sub -station in the
southeast side? Over by the .... the, where K-Mart was located. Okay. Um, you know,
it's in that plaza near .... is it Stuff (someone speaking from audience) Stuff Etc., in that
area right off Highway 6, uh, behind Taco Bell and stuff. So .... the sub -station, uh, has
been in existence for, uh, two or three years now, and we're using it more than we ever
have. Uh, we've assigned Henri Harper, our Community Outreach Assistant, who's a
civilian position, but wears a uniform. Drives a, one of the white pickup trucks that has
markings on it, and he works hand -in -hand with the schools. He works hand -in -hand, uh_,
with, um, cormnunity members, does a lot of public outreach, the formal programs we
talked about, and he is actually housed down there now because we wanted more
presence down there. We also have a couple of our outreach police officers working out
of there too. Uh, Officer Cash is out of there part-time, and Officer Hayes is out of there
full time. Uh, now they're always out doing their duties as well, but that's their home
base. Uh, we're going to continue to enhance use of that. As a matter of fact, for
National Night Out this year, which is the first Tuesday in August, um, we actually want
to open the doors of the sub -station, have refresh.... some refreshments, and make that a
focal point for National Night Out. Um, I was there for a Crime Stoppers' meeting the
other day, and a gal needed assistance off to the east of us, and she ran over there for
assistance, knowing that she could get help there. So important that people feel that
there's a .... a place closer to them than havin' to come down here to deal with an issue.
So, uh, we like that spot. Uh, we think it's important. I will tell you I would love to see a
sub -station on the west side, uh, to serve some folks over in the Mormon Trek area. Um,
you know, the ....these come at a cost, obviously. Uh, you know, I haven't approached
City Council yet (laughter) but .... but we will certainly (laughter) we .... we will certainly,
urn .... um, keep ....1 have talked with some landlords over there and, um, it's not
impossible to do. So, um, but these can be very successful, uh....we....we put a TV in
the sub -station because every night between about 4:30 and 6:00, urn, there's kids that
come and hang out with some of the officers and Henri and watch TV and just... just get
to know 'em. So, that's the kind of environment that we wanna create, that ... that sense
of, you know, um, fostering relationships with our .... with our youth and with ... with the
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neighborhoods. And I think something on the west side would be equally as important.
So, tun .... thanks for bringin' that up, Orville, and it's, uh, a .... those sub -stations are great
and we wamra continue to enhance that experience.
Townsend/ Okay, thank you, Chief. Okay, next we have a public discussion and community
input. Um, an opportunity for you to come and share your concerns and speak. Uh, we
would ask that, uh, when you do come up that first of all you sign in. Uh, that you speak
into the mie and that you state your name, for public record and recording. So at this
point the microphone is open.
Public Discussion With Community Police Review Board:
Olmstead/ Good evening. I want to first thank you all, being community volunteers of
volunteering your time and being on the Police Review Board. It's a pleasure having
committed citizens like this, and I do appreciate that.
Townsend/ Harry, will you state your name.
Olmstead/ You just did! (laughter) I'm Harry Olmstead. (laughs) Um, I had a couple concerns
I want to, uh, mention. Um, one thing that's starting to happen in our community and I
kind of believe it's more students than anybody, is cars blocking the, uh, what we call the
curb ramps, those ramps that come off the sidewalk, and I ran into one this afternoon that
was totally blocked. So I had to go out in the street to get around it. f did report it. But
the problem is, is it's only across the crosswalk and so the fine is only $25. The curb cuts
are required by ADA, and we are working on compliance with that, but I'd like to see,
and I'm going to be directing a, uh, letter to the City Council, uh, that we raise the rate,
uh, for those .... that are blocking curb cuts, uh, so that really has an impact, uh, $25 1
don't think's gonna have much impact and I think we need to let people know how
important these are, because if it was at night, and with the poor lighting in this area,
someone certainly could get killed, whatever. So I would hope that you would join me in
directing a correspondence to City Council, uh, asking them to consider raising the rate.
The second issue that I wanted to address, um, deals with safety, not only in our schools
but in our community. We're seeing violence happening in communities throughout the
United States. Today there was one in Canada, with a van that, uh, mowed over, uh, 10
people, I think- six were killed. Um, I want to know what is being done to prevent having
these type of violent acts occurring in our schools and in our community. Chief!
Matherly/ Sure! Well, let's talk about the school first. Uh, we're on a couple of different
committees with the, uh, Iowa City Community School District to address, uh, school
violence. Uh, one of them is more reactive in nature, that is if something were to go
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down, uh, what are the .... what can they do about it, and so, uh, just as recently as
Saturday, uh, where we had, uh.... uh, we talked ALICE training, uh, that is the training
to either run, fight, or hide, uh, if an incident were to happen, and not just to the schools
but also invited the parents and. ...and students, voluntarily. Uh, we don't like to teach it
right to the students. That can send the wrong message. Uh, it's really the schools' job
to direct their students, but we do train the faculty and staff, uh, of the School District
itself and when I say that, urn, countywide, the whole School District has been trained in
that, and so they keep their thumbs on that and we give them reassurance that, uh, if it
were to happen, they'll.... their second nature will kick in, they'll know what to do to
reduce the chance, um, of. ...of, uh, more deaths or more injuries. Uh, also looking at the
school buildings themselves. Um, we have officers that are, tun, certified in crime
prevention by environmental design. 1 don't know if you're involved in that or not, but
we've got a few officers that .... that are trained in that, and that's to look at the structure
itself and make a detennination of how we can make it safer, as simple as numbering the
doors so when an event happens we don't say, well we're on the south side or a teacher
says south side. Well what is the south side? What, door 6? Door 9? Door 10? You
know, so it's clearly labeled. We all know which one we're talking about, and then also,
um, the systems inside the school, be it security, video or whatever, um, certainly
have .... have talked to 'em about, you know, best cases for using those. So those systems
are in place as well. Um, you know, any time that the school has a .... a problern with the
student that they can't quite handle themselves, it's repetitive, it appears it could get
violent, um, they don't hesitate to contact us. Uh, we respond, and uh.... and assist `em
with that. You know, our goal is not to put students in prison. It's not to, um, you know,
to have the school a prison pipeline, if you will. It's to keep everybody sel... safe, and get
that student help, and so we can sometimes do referrals, and the school does a great job
with their counselors and their system as well, but .... but we can help them with that too,
to keep everybody safe. Um, so those com.... lines of communication are open, um, and
we do the best we can with that. As far as the community itself, again, we focus on
violent crime, uh, the ped mall shooting's a prime example. You know, um, thafs
something where, uh, you know, when that situation occurred, uh, a lot of the names
involved weren't new to us, um, we were familiar with it, um, unfortunately things
unfolded downtown where you couldn't have picked a worse night or worse area for that
to happen, if it were to happen. Um, but the success there is we had a very quick
response. We made arrests that night and those folks have been convicted and they're in
prison that were held responsible. Uh, it's unfortunate that there were victims involved
as well. Um, so we .... we have increased our intelligence database and try to make sure
that we ... you know, if people are out doin' those violent crimes we've talked about— the
aggravated assaults, the robberies, the .... the. ....the, you know, murders, uh, we need to
know who those folks are and, uh, we need to do something about it, and we're
enhancing those databases, um, the best we can. And we do that so we can be .... so we
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don't have to do a shotgun effect. That is stop everything movin' and try to figure out
who's doin' somethin'. So communication and, um, sharing of information, including
whether federal and state partners in ... .in area agencies is so important. Um, that takes
the whodunit out of it and then lets us focus on, uh, reducing crime through contact with
those folks.
Olmstead/ Can I have one more quick question? We know the City Council has approved, uh,
the redevelopment of the ped mall, but one of the problems on the ped mall that I have
noticed over the last several years is vehicles, um, parking on the ped mall. Um, on
Saturday there was a glass cleaning company that parked right on the side of the Library
and was there three, four hours! Um, I hope there can be something done, because
obviously the weight of those vehicles is what's also taking its toll on the ped mall, and
with new ped mall coming, we certainly don't want to damage that.
Matherly/ Yeah, I think that's one of the goals for the new ped mall is to have that infrastructure
a little stronger and updated, um, so it can withstand the rigors of. ... of today's, you
know, activities and vehicles, versus, uh, before. As far as the vehicles on the ped mall
itself'. unfortunately sometimes it's necessary for maintenance and upkeep, um, cause
you..... you have to have, uh, the vehicle or lifts or equipment to get the job done. It's
kinda like when a large semi -truck, uh, blocks Clinton Street when they're doing loading
and unloading to get freight in. So these businesses in a pedestrian -only area won't
survive if we don't allow some vehicle access, uh, and .... and goods to get to their stores
in an efficient, safe way. Uh, it is up to the stores themselves, uh, the businesses
themselves, to make sure they're doing it as quickly as they can and as safely as they can,
uh, so we .... if we see problems in an area we can certainly address those, but it does
come with the fact of having a pedestrian mall. You're going to have the two,
pedestrians and vehicles, inter -mix occasionally.
Olmstead/ Thank you very much, and we do appreciate our Chief. He's, uh, anniversary of one
year I believe, and we look forward to him continuing.
Matherly/ Thank you.
Olmstead/ t have more questions, but I'll let somebody else have the floor.
Matherly/ Thank you.
Green/ Thanks, Harry.
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Coulter/ I'm Joe Coulter. I'm with the Human Rights Commission here in Iowa City. I'm also
with the University of Iowa, College of Public Health, College of Medicine. Um, as you
know, uh, we are potentially facing an opioid epidemic here. Uh, it's not gotten, uh, as
bad as it has....uh, say in Ohio and some other places. Uh, but the City, uh, and it very
much involves the Police Department, as well as other, uh, community, uh, functions, as
well as the County, um, about.....where are we with regard to Naloxone training and
access, uh, to Naloxone, uh, to deal with the .... the emergency situations. Uh, and what
are the board, as well as the Chiefs, perspectives on the progress or lack thereof that
we're making on the Access Center, uh, and what roles do you see, uh, the police and
especially you (laughs) uh, because one of the populations are the .... are the homeless, as
well as, uh, other, uh, groups, uh, including the elderly. Uh, and uh.....the......
contamination, if you will, with the Fentanyl and where is that coming from and how is
that getting into the ....to the medications. Uh, so there's a lot to talk about there, uh, and
uh, I'd like to just ask the board if they've begun to kind of open up a little bit, uh, to see
what their role as the review board might be in terms of this expanded, uh, functions of
the Police Department, as well as other aspects of the community.
Matherly/ So you had a couple of questions there. Let's talk about the .... the opioids and ... and
the Fentanyl issue, narcotics issues in our city. Um.....matter of fact.....it'll help if I just
throw a couple of scats at ya, just to give you an understanding of. ... of, uh, where those
drug cases set. So .... drug violations last year, um, we had 367 drug cases last year, and
the year before, that is 2016, 424. So we had a .... a big reduction in ... in the amount of
drug cases, which is always a good thing. Equipment violation, which is paraphernalia,
things of that nature, also went down from 174 in 2016 to 151 in 2017. Uh, we are
members of the, uh, Johnson County Drug Task Force and we have grant funding in
place to ... to assist us in offsetting those costs. And so we work with the State
Department's Narcotic Enforcement. We work with all the other agencies that have
somebody assigned to the Drug Task Force. Um, that ... that means we put a lot of efforts
into combating illicit drug use in our community. Um, and the opioids are absolutely at
the top of that list. Uh, our most frequent thing is still methamphetamines. Those are the
things that we still struggle with. Labs have dropped down since we, um, have put
places, or mechanisms in place, I say we. The State law, to reduce the ability to buy
the .... the, uh, over the counter drugs that you use to make methamphetamines. So that's
helped. So now 80-90% of it's being imported in, uh, from .... from Mexico and other,
uh, states. Um, so that being said, that's helped reduce making it, but it still exists and
still causes a problem. Um, when we do run across somebody that has overdosed on an
opioid, pain killers if you will, heroin, whatever the case is, um, Johnson County
Ambulance carries, uh, NARCAN, the ... the drug that counteracts that overdose and has a
immediate, um .... assistance for that person. They're .... we just did a study on this last
year when I got here, the Fire Chief and I did at the request of the City Council. And, uh,
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their response is quicker than ours when it comes to the medicals. They're usually
getting that initial trip and so they're getting there faster. (unable to hear person speaking
from audience) Well we don't. and at that time we evaluated whether we should carry it
or not, uh, along with the Fire Department, who also doesn't carry it. Um, and it was
decided ... but these....these things have a shelf life and our concern was if we buy this
stuff and it sits, uh, not being used it doesn't do anybody any good. Johnson County
Ambulance is just getting out faster than we are, able to take care of that. Everything's a
balance. So if we start to see that they're not getting there faster, then we could be on top
of it faster and administer it. The stuff s easy to use. Um, so that wouldn't be a problem.
We wanna make sure that we're carrying the right things, uh, at the right time, for the
right reasons, and it's gonna be effective. Right now that balance hasn't happened, uh,
but I will tell you, um, I've talked to the Mayor personally about this, and it's one of his_,
um, his.....big concerns is that when that balance needs to happen we will certainly
trigger that. Starting with the Fire Department, the Fire Chief said, you know, `Chief_, we
should carry it before you do.' When we need to have it, we'll have it. And then the
police officers themselves. So ... it's a good question. Fentanyl's a whole other issue. It's
a very powerful drug. It is interlaced with ...with some of the drugs we're seeing. We
have had a couple cases of it on eastern Iowa, not in the city here but on the, in the
eastern Iowa area. Um, so .... um, when.... when somebody gets hold of that, it's .... is has
deadly effects because it's so powerful and um.....we have put precautions in place for
our police officers so we don't get inadvertently exposed to it when we're dealing with
drug cases and, uh, that .... that's very important to keep us safe as well. Um .... and,
uh.....you know, when. ...when it's ....when they're comin' across it, we're sharing that
instantly and .... and figuring out, you know, where it is and, you know, if it's startin' to
creep into the area. Right now we've been pretty lucky. Um, same with opioid deaths,
you know, a few have occurred, but it's not the big spike that you're seein' in some of the
other cities to the east, and also some of the other states to the east, Ohio and .... and
further east, it is out of control in those areas. We have a lot of it here, but it's not.....it's
not blown the lid off like some states and so we continue to monitor that as well.
Coulter/ (mumbled) I think is very important is the .... the expanse, um, of incarcerating, uh,
individuals or sending them to the emergency room, to the ER. It's much greater than
what we would have to spend, urn, for an Access Center to keep people out of jail and to
give them the kind of treatment, uh, to address their problems. Um ... where does the
board and the....
Green/ Well I (both talking)
Coulter/ .....(mumbled)
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Green/ I can't really speak to that as a member of the Community Police Review Board. I don't
really know if that's within our charter or purview, but in my other life as a Crisis Center
board member, I do, uh, support the Access Center. So, um, I .... I'm glad they're, you
know, trying to have interventions before it goes to, you know, incarceration or, um, you
know, emergency rooms. I think it's important to have those, um, interventions in place
but in terms of the Police Board I don't know if I can necessarily speak to that in this
regard.
Semler/ I'd second, uh, Miss Green's statement there and my previous experience before this too
also allowed me to participate in Drug Court, which I thought was very valuable, uh,
downtown as well, and I wish we'd incorporate more of those, but as far as our Review
Board role, we're not in charge of overseeing the entire police procedures or policies.
We're, um, oversight is limited just to the occasions where there's a complaint made, and
even in that case it's just narrowly on those specific facts.
Coulter/ (unable to hear) well how come I didn't get sent to the Access Center, they arrested me
and threw me in jail?
Townsend/ Joe, I'd have to say basically, probably the only way we would get involved in that
is, you know, what you're talkin' about is something that if .... if we get overwhelmed
with it, you know, uh, our .... our officers are human and if they do make a mistake, and
it....it could be because of training, then our responsibility would be as we look at the
information to try to point that out and make recommendations to the City Council, to,
uh, put things in place to adequately address that need.
Matherly/ So, I'm gonna have Officer Fowler talk a little bit about our crisis intervention
techniques that we use, and that segues into the Access Center. (mumbled) tell you that
we are all for an Access Center. We're all for jail alternatives. Uh, if you talk to Lonny
Pulkrabek, and I have lunch with `em all the time, his jail is full of folks that shouldn't be
there. And so we wanna do everything we can to divert that. So we hear you loud and
clear_ I think our City Council and out .... our County Supervisors and everybody that
I've talked to is on the same page with that, uh, cause it's the right thing to do and really I
wanna say there's.....you could use less of us at that point (laughs) We're gonna stay
busy doin' other things, but we should be doing things to reduce the .... the crime that
matters and then get these other folks help that need it. So we ... lie's one of our
instructors for crisis intervention.
Fowler/ Yeah, so um, are you guys familiar with CIT? Have you heard of it before? Anybody?
No? There's a short version, a long version. I'll give the medium version then. So CIT
started I believe, um, down south, maybe Tenn.. ..or Nashville, I can't remember, one of
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those cities, but I was lucky enough to (person speaking) Memphis, thank you!
(mumbled) Urn .... (mumbled) I went to the 40-hour instructor training in San Antonio.
San Antonio right now is regarded as....as one of the leaders in CIT. So that was a
fantastic training. Um (mumbled) some of the training in St. Louis. The whole idea
about that is tryin' to have officers (mumbled) final (mumbled) other than jail, especially
when someone's, uh (mumbled) called for as a result of mental health or chemical,
instead of deliberate defiance or deliberate criminality. So part of the 40-hour training
that we do here in this county for all the officers is give them a body of knowledge about
mental health and training on how to recognize the behaviors that are being called for and
using something besides jail, maybe the hospital or the Access Center when it comes
online as an alternative. We're all aware that, at least I am, the Fuse study and how
expensive utilizers can be when they get into that rep of jail, ER, (mumbled), court, all
that, how expensive it is. So a byproduct of CIT is you use these other alternatives to that
system, you get a better outcome for the client and a better outcome for the community,
at a lower cost. So, we're only two 40-hour sess.... sessions away from having every
officer in Johnson County.. that's every municipal community, every sheriffs deputies, all
those folks, only two more 40-hour (mumbled) from having all training done. (difficult
to understand) now, so once you get everybody trained that hasn't been at Police
Academy in a while, every officer that's going to be in Johnson County is going to have
that training under their belt.
Matherly/ You know, some.... some municipalities and jurisdictions just choose to have a CIT
team that, okay, I'm an officer, I'm not trained but I'll call an officer who is. We have
chosen to train everybody. We want immediate response. We want knowledge, and it
gets supported by the City Council, who's actually been hands-on with this and went
down to .... some of `em went down to San Antonio and, uh, actually participated in
that ... in that training. So .... there's a lot of buy -in. We're on the same page. It's an
excellent question, and we hope to see .... not hope. We will see some results in that. It's
gonna... there's money involved. It's gonna take time, but until then, at least we're
trained up and we can start doin' the right thing early on and hopefully the .... the facilities
and the actual infrastructure follows eventually. Great question!
Alter/ Hi, my name is Megan Alter and, uh, I'm just a community member. Uh, I also volunteer
with a group that, urn, is called the Black Voices Project, and uh, one of the areas that
the, uh, the groups are concerned with is actually, uh, re-establishing or furthering trust
between authority, specifically the police, and youth of color. Um, so that's kind of the
background with which I'm coming to this question. Um, I also attended the Hate
Crimes Forum, uh, not too long ago, and during a discussion afterwards, there... some
community members talked about the fact that on the one hand if you see something, say
something tends to be the sort of rule of thumb. However, there are many community
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members who have been victimized who because the trust is not there do not feel willing
to come forward to talk about their trauma. Um, and so I was wondering in light of some
of the, Lim...... literature that I was looking at earlier about formal complaints that come to
the board. Is there a mechanism in place, and it's a tough question, 1 recognize. Is there
a mechanism in place, urn, through the Police Department or other law enforcement
agencies to ..... collect data on informal complaints, things that are not actually making it
to the board or not making it onto paper, but really are sort of things that perhaps police
officers who are in the neighborhoods are hearing about.....a colleague that the
neighborhood is talking about, or are there ways in which you can collect that informal
more anecdotal, but oftentimes extremely important preventative data, so that it ends up
that a problem is perhaps addressed before it reaches the board.
Matherly/ So, yeah, the ... the formal complaints are fairly easy to track, cause those are
documented. Um, you know we try to make it as easy as we can for folks to bring, uh,
improper conduct or alleged, uh, wrongdoings on our officers' part to our attention. We.
uh, recently through using a racial equita.....racial equity toolkit project last year, started
a system online. So someone can just jump online and you can commend an officer, but
you can also complain about an officer, and so that way it's the click of a button and you
don't have to, uh, to physically come in and, you know, like you said, sometimes the
Police Department's the last place somebody wants to be, but you can still lodge the
complaint online. You can do it by phone, um, you know, however you can .... you could
write us a letter. However you can get that information to us. We wanna make it as easy
as possible and, um, and .... and less intrusive. I can't get people to apply for jobs because
if they can't do it online they don't wanna do it. So we know where technology lies and
so we tried to match those two together. Uh, we have policies in place, uh, for officers.
If they get a, in passing in a neighborhood saying, you know what, I don't know about
that Jody Matherly guy. You need to watch him and ... and there's somethin' goin' on
with him, and they get any information (laughs) that, you know, alleges that I might be
doin' somethin' wrong, they have to report that to us, the officer does. It's not anecdotal
at all. It's not just in passing. And so we also have a .... uh, early warning systems, um,
policy in place. If our own officers are spotting a problem with an officer, um, they're
actin' a little out of character. They see somethin' that shouldn't a happened, they are
forced by rule to report that as well. So we're .... by rule have to police each other, and
um, we have to report, you know, issues that are goin' on, even if it's just in passing with
the community, and that allows us to vet the officer. Now I've been doin' this 35 years.
I will tell you that police officers don't like to work with other police officers who aren't
doin' their job, who are dishonest, or who are abusive. They don't like it! They didn't
get into this business to be that way. They didn't get in to .... to be hated. They didn't get
into this job to be disliked. They did it to help the community. Certainly didn't do it for
pay, uh, we don't get rich, but .... but it is a, you know, a good living, but they did it
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because they want to be community -oriented and they want to help people. Period. And
so, you know, people talk about the thin blue line and .... and how officers, you know, will
fail to report, um, issues with other officers, and I will tell you, and I've worked for many
agencies in many capacities, that couldn't be farther from the truth. As a chief, I don't let
those folks work for me, and officers do not want their peers to .... to be that, and they will
be the first one, and even our Union, our Police Union, will say we'll be the first one to
say if the person shouldn't be a cop. We don't want `em to be a cop. So, I will assure
you that this agency is very well versed. We have good policy in place, and good
communication with our community to weed those folks out. Um .... we've got great
people. People make mistakes. If it's a mistake of the head I can correct that, but if it's a
mistake of the heart, they gotta find another place to work.
Townsend/ Any other questions? Okay, well if there .... (person speaking from audience)
Winnike/ (unable to hear) Angela Winnike of the Downtown District and I also, uh, manage a
business downtown during the day. Uh, so I have a two -fold statement that I want to
make cause I think you probably only hear complaints or negative feedback, and I, um, as
a representative of the downtown businesses at night, um, I would say the feedback in the
last six to eight months, um, as I've been in this position as Nighttime Mayor, um, has
been extremely positive. Not everything, and it's not a perfect relationship between the
Police Department and our nighttime businesses, um, but the perception of...of the
relationship that I think Chief Matherly and the nighttime officers have tried to develop
with the downtown businesses has improved significantly. Uh, which 1 think is really
important. Um.....even the last few weekends as the weather's gotten nicer and I'm out
and about, talking to various, urn .... bar owners, bar managers, restaurant owners, um, the
feedback is that they feel like the police are trying to be more a part of the downtown
community, rather than just enforcing, which I think is what the Police Departinent is
trying to do. Um, and then as a daytime business manager down here, um, we developed
a really great relationship with Officer .... Officer Schwindt and now with Officer Fowler,
and it is, uh, such a positive relationship that I'm really excited for this evening, uh,
nighttime officer position to be created. Um, Officer Fowler creates a sense of security
downtown with a lot of the daytime businesses, that they know that he'll respond
immediately if they have a question or a concern, um, and we talk about this downtown
amongst the businesses and 1 think just as a person enjoying downtown, when Officer
Fowler is off doing training or isn't around downtown, it's a noticeable difference, um, in
the ped mall, I think, for how safe people feel, um, and how easily they think, you know,
an issue can be addressed. So, um, we're really excited to have the evening officer
position, um, the nighttime businesses really appreciate the sense of working with the
Police Department instead of being enfor.... you know, having urn.... certain things
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Page 17 Community Police Review Board Community Forum
enforced within their businesses. So.....it's been an extremely positive feedback, uh, just
great for everyone I think! So, I just wanted to make that statement.
Matherly/ Thank you, and while you're standing there, Angela, this Nighttime Mayor's position
isn't somethin' that we .... we came up with. We actually .... I say Ave, the City and the
Downtown District, um, modeled this after similar programs elsewhere, but what a great
idea, to have a liaison who's eyes and ears and .... and feet on the ground, especially
during those evening hours, and have a voice, and .... a good liaison and connection for
the Police Department, and .... and with bars themselves and business owners themselves
and each other, so uh, it's very valuable and, uh, I think you're going to see with a
nighttime officer down here, you're going to see her position and this additional position
with the Police Department, uh, it's gonna flourish. and I think it's gonna.....you're
gonna find it's gonna be very valuable as a team, so we're lookin' forward to that too.
Winnike/ One other thing, one of the great things that Chief Matherly was a part of, uh, was
working with the UIDPS in the Shout program, and I just have to speak to it because this
past weekend, um,1 had a .... a grad student job -shadow me, um, from the harm reduction
program at the University of Iowa, and speaking to students just out in the streets, and
asking for their feedback about what they thought of Shout, and it all goes to this, urn,
helping people instead of jailing people idea and concept, even amongst the students has
made a significantly positive impact, 1 think, on their perception between the Police
Department and the University DPS, from what it used to be even a year ago, and um, for
those of you who don't know what the Shout program, it's students helping out and it is
kind of owned and driven by the University of Iowa with, um, kind of help and
implementation betwe.... with the Univers.... sorry! With the Iowa City Police
Department, the Downtown District, um, and it is a .... a layer of .... of help and protection
for those who are downtown and on campus, um, before businesses or those who feel
unsafe call the Police Department, they can call Shout, um, and they can get, um, like a
ride home or someone to walk them home if they feel unsafe leaving the Library, um, and
even if it's like a Friday night and you're intoxicated and you're a community member,
you get separated from your friends and you don't have a safe way of finding your way
home or don't know how to, uh, Shout can help you instead of a police officer havin' to
take you to jail. So, it's a great program for our entire community.
Matherly/ And kudos to Director Scott Beckner at the University for, um, getting that up and
runnin' and he's got a model that says if we're going to fight crimes, let's take the
victims out of the mix and so ... these students are there to say, hey, you know, you're
walkin' alone. Well I got separate from my group. Let us help you. Let's take that
victim out of the mix and, um, it's so important. It also is a tool for the business owners
to say, I got a person that probably shouldn't be here. Well, you know, the back half of
This represents only a reasonably accurate transcription of the Community Police Review
Board Community Forum of April 23, 2018.
Page 18 Community Police Review Board Community Forum
our car unfortunately's not a taxi, and the front side is .... is the police car, um, and so this
gives us a tool, and the officers absolutely love it, cause it gives them an alternative, a
diversion program, to get that person home safely and then they can go off and do their
job. Uh, yeah, thanks for bringin' that up and I think you're gonna see a lot of innovative
programs like that. Beckner's pretty good at that stuff (laughs) and uh, married with our
department and downtown, what .... what a great program, so .... yeah.
Green/ Thanks, Angela.
Townsend/ Thank you. Okay, at this point does any board members have anything they'd like to
share? Chris, Terry, staff, you guys have anything you'd like to share? Okay, well I'll
just kind of in closing I would just like to say that we think about police force in terms of
they, them, you know, and basically.... where it's really at is they're all about to protect
and serve, but I think basically as a community and as a group, we can contribute to that
simply by thinkin' in terms of our, we and things that we can do to help and to get
involved, uh, our city, this is our city. We have a beautiful City. But we also have a
responsibility to make it better. So if there are no other, uh, input, I would entertain a
motion to adjourn.
Adjournment:
King/ So moved.
Green/ I second!
Townsend/ Okay, moved and second. All those in favor. We're adjourned, and thank you for
comin'. (applause)
This represents only a reasonably accurate transcription of the Community Police Review
Board Community Forum of April 23, 2018.
MEMORANDUM
DATE: May 8, 2018
TO: CPRB Board Members
FROM: Patrick J. Ford
Re: proposed revisions to Ordinance 8-8
At the request of Orville Townsend and David Selmer, I have drafted the following
proposed revisions to the CPRB ordinance. (Suggested additions are shown in bold
and underline.)
1. The last sentence of SECTION 8-8-2 (L) shall be amended to read as follows:
If the police chief and the city manager find the police officer's actions constitute
misconduct and discipline is imposed by the police chief or city manager, the
internal affairs investigation may become a public record to be released by the
city attorney to the extent provided by laws n which case the city attorney shall
forward a cony of such internal affairs investigation report to the board.
2. The second sentence of SECTION 8-8-2 (N) shall be amended to read as follows:
hi addition to the central registry, the board shall provide an annual report to the
city council, which report shall be public and shall set forth the general types and
numbers of complaints, how they were resolved, whether the board's decision
differed from that of the police chief and/or city manager, demographic
information, and recommendations as to how the police department may
improve its community relations or be more responsive to community needs.
3. The following subparagraph 6 shall be added to the end of SECTION 8-8-5 (B):
In the event the board's decision differs from that of the police chief, the chief
shall meet with the board in closed session to discuss the discrepancy of
opinion. Such meeting shall take place prior to the issuance of the board's
public report to the city council
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4. The last un-lettered subparagraph of paragraph (13)(2) of SECTION 8-8-7 shall
become numbered paragraph 3.
5. The following shall be inserted as subparagraph (13)(4) of SECTION 8-8-7 (and the
subsequent subparagraphs shall be re -numbered accordingly);
If the board disagrees with the decision of the police chief or city manager
with respect to the allegations of misconduct the board and the police chief
and/or city manager shall meet in closed session to discuss their disagreement
about the complaint. Such meeting shall take place prior to the issuance of the
board's public report to the city council
6. Newly re -numbered subparagraph (13)(5) of SECTION 8-8-7 (which is currently
subparagraph (13)(3)) shall be amended to read as follows:
At the conclusion of the board's review, the board shall issue a public report to
the city council concerning the complaint investigation. Such public report shall
include detailed findings of fact concerning the complaint, together with a clearly
articulated conclusion which explains why and the extent to which the complaint
is "sustained" or "not sustained". If the complain is "not sustained", the public
report shall not include the names of the complainant(s) or the police officer(s).
If the complaint is "sustained" the board may include the name(s) of the
complainant(s) and/or the police officer(s) if it determines that the public interest
in such disclosure outweighs the public harm and privacy interests of the
complainant(s) and/or police officer(s). Said determination shall be made in
writing and shall state, in detail, the board's reasons for such determination. The
public report shall indicate whether the board affirmed or rejected the opinion
set forth in the report of the police chief and/or city manager. The board shall
notify the person(s) whose name(s) it intends to disclose, the city attorney and
the police chief (or city manager if the police chief is the subject of the complaint),
of its intent to make such disclosure by confidential written communication send
by regular mail or hand delivery at least ten (10) working days prior to such
disclosure. In addition, the board's public report shall not include any discipline
or personnel matters, although the board may comment generally as to whether
the board believes discipline is appropriate without commenting on the extent or
form of discipline. A copy of the public report to the city council shall be given
to the complainant(s), the police officer(s), the police chief, equity director, and
the city manager.
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COMMUNITY POLICE REVIEW BOARD
OFFICE CONTACTS
April 2018
Date Description
None.
May 8, 2018 Mtg Packet
COMMUNITY POLICE REVIEW BOARD
COMPLAINT DEADLINES
CPRB Complaint #18-01
Filed:
03/06/18
Chief's report due (90 days):
06/04/18
Chief's report filed:
---------------------------------------------------------------------------------
??/??/18
CPRB meeting #1 (Review):
7?/??/18
CPRB meeting #2 (Review):
??/??/18
CPRB meeting #3 (Review):
??/??/18
CPRB report due (90 days): 09/04/18
TENTATIVE MEETING SCHEDULE
June 12, 2018
July 10,2018
August 14, 2018
September 11, 2018