HomeMy WebLinkAbout11-13-2018 Community Police Review BoardMEMORANDUM
COMMUNITY POLICE REVIEW BOARD
A Board of the City of Iowa City
DATE: November 8, 2018
TO: CPRB Members
FROM: Chris Olney
RE: Board Packet for meeting on November 13, 2018
Enclosed please find the following documents for your review and comment at the next board meeting:
• Agenda for 11/13/18
• Minutes of the meeting on 10/09/18
• ICPD General Orders 99-10 (Domestic Violence)
• ICPD General Orders 00-05 (Off -Duty Conduct: Powers of Arrest)
• Memo from City Clerk: Legal Counsel Review of ICPD General Orders
• Press Release: Citizens Police Academy
• Office Contacts - October
• 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
AGENDA
COMMUNITY POLICE REVIEW BOARD
Tuesday, November 13, 2018 — 5:30 P.M.
HELLING CONFERENCE ROOM
410 E. Washington Street
ITEM NO.1 CALL TO ORDER and ROLL CALL
ITEM NO.2 REPORT FROM NOMINATING COMMITTEE
ITEM NO.3 CONSIDER MOTION TO FIX METHOD OF VOTING
COMMENT: As the By -Laws do not prescribe the method of voting, the Board
will need to make a motion to fix the method of voting. Nominations can be made
by balloting or from the floor. Voting can be by voice vote, show of hands, or
ballot. The Board should decide if the basis for decision is majority vote of the
total membership and procedure for canvass of ballots.
ITEM NOA NOMINATIONS FOR OFFICE OF CHAIRPERSON
MOTION TO CLOSE NOMINATIONS
BALLOT OR VOTE
ITEM NO.5 NOMINATIONS FOR OFFICE OF VICE -CHAIRPERSON
MOTION TO CLOSE NOMINATIONS
BALLOT OR VOTE
ITEM NO.6 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR
AMENDED
a Minutes of the meeting on 10/09/18
ITEM NO.7 OLD BUSINESS
ITEM NO.8 NEW BUSINESS
Legal Counsel Review of ICPD General Orders
ICPD General Orders 99-10 (Domestic Violence)
ICPD General Orders 00-05 (Off -Duty Conduct: Powers of Arrest)
CPRB-Page 2
November 13, 2018
ITEM NO.9 PUBLIC DISCUSSION
ITEM NO.10 BOARD INFORMATION
ITEM NO.11 STAFF INFORMATION
ITEM NO.12 MEETING SCHEDULE and FUTURE AGENDAS
• December 11, 2018, 5:30 PM, Helling Conference Rm
• January 8, 2019, 5:30 PM, Helling Conference Rm
• February 12, 2019, 5:30 PM, Helling Conference Rm
• March 12, 2019, 5:30 PM, Helling Conference Rm
ITEM NO.13 ADJOURNMENT
If you will need disability -related accommodations in order to participate in this program event, please contact
Chris Olney at 319-356-5043, cliristine-ohzey@iowa-eity.org. Early requests are strongly encouraged to allow
sufficient time to meet your access needs.
DRAFT
COMMUNITY POLICE REVIEW BOARD
MINUTES — October 9, 2018
CALL TO ORDER: Chair Townsend called the meeting to order at 5:31 p.m.
MEMBERS PRESENT: Monique Galpin, Latisha McDaniel
MEMBERS ABSENT: Don King, David Semler
STAFF PRESENT: Staff Chris Olney, Legal Counsel Patrick Ford
STAFF ABSENT: None
OTHERS PRESENT: Iowa City Police Lt. Scott Gaarde
RECOMMENDATIONS TO COUNCIL
None.
INTRODUCTION OF NEW MEMBER
Townsend introduced new member Latish McDaniel who was appointed by the City Council at the
September 1811 meeting to fill the unexpired vacancy.
REPORT FROM NOMINATION COMMITTEE
Selmer and Galpin were appointed to the nominating committee at the September 1111 meeting. Galpin
reported that the committee met and the recommendation was for King as Chair and Galpin as Vice -
Chair. The Board agreed to defer elections until the next meeting when all members would be present.
CONSENT CALENDAR
Motion by Galpin, seconded by McDaniel, to adopt the consent calendar as amended.
• Minutes of the meeting on 09/11/18
• ICPD General Orders 99-03 (Prisoner Transport)
• ICPD General Orders 17-03 (Firearms)
Motion carried, 3/0, King and Selmer absent.
Legal Counsel Ford reminded the Board that he does not review ICPD General Orders. He asked if the
Board would like him to in the future, the Board agreed to defer his question to the next meeting.
NEW BUSINESS
None.
OLD BUSINESS
None.
PUBLIC DISCUSSION
None.
BOARD INFORMATION
None.
STAFF INFORMATION
None.
CPRB
October 9, 2018
Page 2
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to chan-ge)
• November 13, 2018, 5:30 PM, Helling Conference Rm.
• December 11, 2018, 5:30 PM, Helling Conference Rm
• January 8, 2019, 5:30 PM, Helling Conference Rm
• February 12, 2019, 5:30 PM, Helling Conference Rm
ADJOURNMENT
Motion for adjournment by Galpin, seconded by McDaniel.
Motion carried, 3/0, King and Selmer absent.
Meeting adjourned at 5:37 P.M.
COMMUNITY POLICE REVIEW BOARD
ATTENDANCE RECORD
YEAR 2017-2018
(Meetine Date)
TERT4
10/10
11114
12/7
1/9118
2/13/18
1119111
41111111
4/23/18
5/8/18
6/12/IS
7R3/18
8121/18
9111118
10/9118
NAME
EXP.
Donald
7/1/19
X
X
X
O
X
X
X
X
X
X
X
X
X
O
King
Monique
7/1/20
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Galpin
Orville
7/1/20
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Townsend
Latisha
711121
-----
-----
----
______
______
______
______
______
______
______
______
McDaniel
Royceann
7/1i21
-----
-----
-----
-----
X
O/E
X
O/E
X
O/E
-----
_____
_____
_____
Porter
David
711121
X
O/E
X
X
X
X
X
X
X
X
X
O
X
O
Selmer
KEY: X
= Present
O
= Absent
O/E
= Absent/Excused
NM
= No meeting
---
— Not a Member
ioWA CITY
n� a „q i •
� y
�VIOLENCe
U K
POLICE
Original Date of Issue General Order Number
October 8, 1999 99-10
Effective Date of Reissue Section Code
November 5 2018 OPS-14
Reevaluation Date Amends
November 2019
C.A.L. E.A. Reference
1.2.7, 55.1.1, 55.1.3 55.2.3 (see "INDEX AS:")
INDEX AS:
Domestic Abuse
Domestic Violence
Domestic Violence Reports
Domestics
No Contact Orders
Protective Orders
I. PURPOSE
The purpose of this General Order is to establish policy and procedures for
officers in response to all domestic violence or domestic abuse calls reported to
the Iowa City Police Department. Officers shall be expected to do the following:
• Afford protection and support to adult and child victims of domestic
violence.
• Promote the safety of law enforcement personnel responding to incidents
of domestic violence.
• Establish arrest and prosecution as a preferred means of police response.
• Complete thorough investigations and effect arrest of the primary physical
aggressor upon the establishment of probable cause.
• Officers should not arrest a person who acted in self-defense as defined
by Iowa Code Section 704.3.
OPS-14.2
• Take appropriate action for any violation of any permanent, temporary, or
emergency orders of protection.
• Provide victims or witnesses of domestic violence with support and
assistance through cooperative efforts with community stakeholders in
order to prevent further abuse and harassment or both.
II. POLICY
It is the policy of the Iowa City Police Department to provide a proactive, pro -arrest
approach in responding to domestic violence. The primary focus shall be on the safety
of the victim, officers, and others in proximity of the crime, followed closely by
perpetrator accountability. The law enforcement officer should follow all policies and
procedures of this agency to complete a thorough investigation and analysis of the
complaint with the goal of arresting the person(s) committing an act of domestic
violence and who were not acting in self-defense.
III. DEFINITIONS
A. `Domestic abuse assault" means an assault, as defined in Iowa Code Section
708.1, which is domestic abuse as defined in section 236.2, subsection 2,
paragraph "a", "b", "c", or "d".
B. Iowa Code Chapter 236.2:
2. "Domestic abuse" means committing assault as defined in section 708.1
under any of the following circumstances:
a) The assault is between family or household members who resided
together at the time of the assault.
b) The assault is between separated spouses or persons divorced from
each other and not residing together at the time of the assault.
c) The assault is between persons who are parents of the same minor
child, regardless of whether they have been married or have lived
together at any time.
d) The assault is between persons who have been family or household
members residing together within the past year and are not residing
together at the time of the assault.
e) The assault is between persons who are in an intimate relationship or
have been in an intimate relationship and have had contact within the
past year of the assault. In determining whether persons are or have
been in an intimate relationship, the court may consider the following
nonexclusive list of factors:
The duration of the relationship.
The frequency of interaction.
Whether the relationship has been terminated.
OPS-14.3
The nature of the relationship, characterized by either party's
expectation of sexual or romantic involvement.
A person may be involved in an intimate relationship with more than
one person at a time.
C. "Family or household members" means spouses, persons cohabitating,
parents, or other persons related by consanguinity or affinity. "Family or
household members" does not include children under age eighteen.
D. Intimate relationship means a significant romantic involvement that need not
include sexual involvement. An intimate relationship does not include casual
social relationships or associations in a business or professional capacity.
E. Primary Physical Aggressor:
Officers shall, with or without a warrant, arrest the primary physical aggressor
for domestic abuse assault if upon investigation, including a reasonable
inquiry of the victim and other witnesses, if any, the officer has probable
cause to believe the assault:
b) Resulted in a bodily injury
c) Was committed with intent to inflict a serious injury
d) Involved the use or display of a dangerous weapon in connection with
the assault
e) Was committed by impeding the victim's normal breathing or circulation
of the blood by applying pressure to the victim's throat or neck or by
obstructing the nose or mouth of the victim.
f) Was committed by impeding the victim's normal breathing or circulation
of the blood by applying pressure to the victim's throat or neck or by
obstructing the nose or mouth of the victim and causing bodily injury.
See Iowa Code Section 236.12(2) paragraphs "b", "c", "d", "e", and "F.
Considerations relating to an officer's determination of the primary physical
aggressor are set forth in Iowa Code Section 236.12(3).
In identifying the primary physical aggressor, otherwise stated predominant
aggressor, a peace officer shall consider the need to protect the victims of
domestic abuse, the relative degree of injury or fear inflicted on the persons
involved, and any history of domestic abuse between the persons involved.
The officer's identification of the primary physical aggressor shall not be
based on the consent of the victim to any subsequent prosecution or on the
relationship of the persons involved in the incident, and shall not be based
solely on the absence of visible indications of injury or impairment.
A. Discretionary Arrest: Officers may, with or without a warrant, arrest a person
for domestic abuse assault where an assault has been committed which did
not result in any injury to the victim.
OPS-14.4
F. Pro -Arrest Response: The expectation that officers shall arrest a person
unless there is a clear and compelling reason not to arrest (such as a self-
defense determination or lack of probable cause).
Notwithstanding the provisions of Iowa Code Chapter 236.12, officers shall
arrest offenders in cases of domestic assault not resulting in injury to the
victim unless all of the following conditions are met:
a. The offender believed the victim has suffered no injury
b. There is no indication further abuse will take place
c. No weapons were used or displayed
d. The circumstances of the case suggest that neither justice nor domestic
abuse prevention would be served by an arrest, and
e. The decision not to arrest is reviewed and approved by a supervisor on
duty.
IV. PROCEDURES
Procedures for the following qualifying factors are included in this protocol:
A. Officer Approaching the Scene
B. Officer Responsibility at the Scene
C. Enforcement of No -Contact / Protective Orders
D. Written Reporting
E. Notification of Rights
F. Follow-up Investigation / Domestic Violence Investigator
G. Victim Safety and Protection
H. Hostage Situations
I. Officer Training
J. Officers Charged with Domestic Abuse
A. OFFICER APPROACHING THE SCENE
1. Domestics are a high priority call. Officers will respond immediately with
due consideration of the information available and coordinate their
approach. Two officers should be dispatched to any domestic call -three
officers' is preferred.
2. Remain in contact with the dispatcher, requesting assistance, (see
"Communications" section above) information and updates as needed. If
protective orders are in force, then verification and clarification should be
obtained from the county sheriffs department. (See "protective orders"
section below.)
3. Remain alert for suspect leaving the scene.
B. OFFICER RESPONSIBILITY AT THE SCENE
When officers respond to a call for assistance at the scene of a domestic abuse
incident, they shall:
OPS-14.5
1. Approach the scene safely, and in an alert manner.
2. Identify yourself and give an explanation of your presence. Request entry
into the home when conditions permit. When permission is freely and
voluntarily given by either party, a search of the premises may occur.
3. When entry is refused, exercise persistence in gaining entry based on the
request for assistance received by the department. Request
communications re-establish contact with the complainant, if it has been
lost, and reassess the situation. If entry continues to be refused, contact
the watch commander/supervisor for further guidance if circumstances
permit.
4. Forced entry may be allowed when probable cause exists to suspect that
a felony is occurring, has just occurred, or that a life is in danger. In
evaluating the need for forced entry, the officer (s) must consider the
degree of urgency versus requesting a warrant, the possibility of danger,
whether the suspected offense involved violence and whether the belief
exists that persons may be armed. (See exigent circumstances analysis
in Use of Force G/O)
5. In incidents where a suspect has vacated the scene, and probable cause
exists for an arrest, a complaint and affidavit shall be prepared
immediately, and forwarded to a judge for a request for issuance of an
arrest warrant. However, an officer may arrest a violator within the first 24
hours of an incident without a warrant. (See Iowa Code Section 236.11)
6. Restore order.
7. Take control of all weapons known to be used, or used in a threatening
manner, and safely store them. (See Seizure of Weapons, Iowa Code
Chapter 809) Iowa Code Section 809.1(1)(c) defines seizable property as
.. property which if not seized by the state poses an imminent danger to
a person's health, safety or welfare." When weapons are seized, the
officer shall notify a supervisor of the seizure prior to the officer going off
duty.
8. Assess the need for medical attention, and call for assistance if warranted,
and whenever requested by the victim. The officer shall assist the victim
in obtaining transportation to the nearest hospital if requested.
9. Determine complainant, separating all parties if possible, including
suspect, victim, children, and other witnesses.
10.Interview all parties. If necessary, reasonable efforts should be made to
obtain a translator.
11.Following interviews, a conference of the responding officers should
occur, if necessary, with the goal of arriving at a consensus for
determining whether to arrest. Apply appropriate Chapter 236, Domestic
Abuse criteria in making the decision to arrest. If consensus or a
determination is not made, a supervisor shall be called to assist. When an
officer is solo in responding, they may confer with a supervisor as needed.
Identifying the primary physical aggressor is necessary, as persons acting
in self-defense are exempt from this mandatory arrest.
12.If probable cause exists, arrest the suspect. Read suspect Miranda rights.
Place individual in custody. Field release or issuing of citations are not
allowed in the event domestic abuse has occurred. This applies to either /
OPS-14.6
both arrest for domestic abuse, related charges and / or violations of
protective orders. If possible, immediately transport suspect to jail.
Factors that tend to support a finding of probable cause for arrest include:
physical injuries (including bruises or cuts); disheveled clothing or
furniture; a victim's credible statements or visible fear; credible statements
of witnesses, including children; and previous calls to the home. If
probable cause exists, an arrest shall be made, regardless of the stated
wishes of the victim or the apparent use of alcohol or drugs by either the
victim or abuser.
13.If a child is present during an incident of domestic assault in which
charges are filed, a mandatory report shall be made to the Department of
Human Services. Any time a companion charge of "Child Endangerment"
is made, Department of Human Services must be contacted. Notification
shall include contacting DHS by phone prior to the end of the watch and
forwarding copies of the written report. Reports should include names and
DOB of all children present as well as an account of where they were at
time of assault, what they saw, and/or heard.
14.Collect and record evidence, including torn clothing, broken objects, etc.
15. Photograph the following:
a. Victim in a full body picture (front and back).
b. Victim's specific injury(s).
c. Children.
d. Scene, including broken objects, weapons, general disarray, etc.
e. If possible, the suspect's full body and any injuries, in addition to the
mug shot.
f. When photos are taken at a domestic incident, the evidence sheet
should be marked as a domestic along with the incident number being
noted
g. When the property manager receives photos from a domestic incident,
they shall be forwarded to the domestic abuse investigator.
16. When an arrest causes a child(ren) to be without responsible adult
supervision, Department of Human Services shall be contacted
immediately. Officers are responsible for the care of children until such
time they are relieved of this obligation by DHS.
17. Upon filling out the complaint, the officer will also complete the victim
section of the incident report, making sure to include name, address,
DOB, SS#, sex and race. A photocopy of the incident report containing
this information will be attached to the complaint.
C. ENFORCEMENT OF NO -CONTACT / PROTECTIVE ORDERS
Violation of a no -contact order or protective order shall be vigorously enforced.
If an officer has reason to believe that domestic abuse has occurred, the peace
officer shall ask the abused person if any prior orders exist, and shall contact the
twenty-four hour dispatcher to inquire if any prior orders exist.
If an officer has probable cause to believe that a person has violated a no -
contact / protective order the officer shall arrest the person.
OPS-14.7
If an officer has probable cause to believe that a person has violated a no -
contact / protective order and the officer is unable to arrest the person, the officer
shall issue a warrant of arrest as soon as possible and before the end of the duty
day.
D. WRITTEN REPORTING
Officers shall complete reports for all cases involving current or past intimate or
domestic relationships.
Officers shall also complete a report where elements of stalking or potential risk
to the victim, their family, or the public are reported to the police department.
Written reports should be factual, specific and clear so as to present an accurate
Portrayal of the domestic abuse incident. Written documentation that will be
made as a result of a domestic abuse arrest are the complaint and affidavit, a
supplementary information report narrative, Iowa City Police Incident Report
Form, and the Domestic Abuse Reporting Form. All officers present at a
domestic shall complete a report including narrative detailing their observations.
In instances where there is a no locate, or the call was incorrectly classified as a
domestic, the primary officer shall complete a report detailing the circumstances
and identifying the correct call classification.
All reports involving a domestic or originally classified as a domestic, or involving
the violation of a domestic abuse no contact order shall be forwarded to the
Department's domestic abuse investigator.
Officers shall make a good faith effort to utilize the Ontario Domestic Assault Risk
Assessment (ODARA) when applicable. If an arrest is made, the ODARA shall
be completed prior to the defendant's initial appearance and officers shall include
the ODARA score (e.g. "ODARA = 4") in the affidavit portion of the criminal
complaint. If the officer fails to record the score on the complaint and the
complaint is submitted, the officer shall write the score on the original complaint
at the jail, and subsequently ensure the same writing on all other copies of the
complaint. Reports will include the documentation of use and scores from the
ODARA.
Reports will, at a minimum, contain narratives which will include the following
information:
1. Full names of parties involved, including dates of birth of the suspect and
victim
2. Address and phone numbers for the victim, witnesses and those present,
including the address and phone number of the location where the victim
will be staying
3. Reports should include names and DOB of all children present as well as
an account of where they were at time of assault, what they saw, and/or
heard
OPS-14.8
4. The relationship of the victim and suspect
5. Location of the assault
6. Whether no contact orders are known to exist
7. A description of the scene
8. Weapons used
9. Whether a 9-1-1 call was received
10. Documentation of injuries of all parties injured
11. If alcohol is involved, the result of any PBT given to the suspect and victim
12. Whether they received medical treatment
13.An indication of whether the victim was presented their rights
14. Excited utterances should be recorded in quotation marks. Other
statements may be directly recorded or summarized. The demeanor,
spirit and physical description of the suspect should be noted along with
that of the victim
15.If the officer is aware of pending domestic charges, note that fact in the
narrative
16. If the in -car or body -cam recording system was activated
If the victim suffered restriction of the airway or blood flow during the assault, an
officer must complete the "Domestic Abuse Assault Impeding Airway / Circulation
Supplemental Report."
E. NOTIFICATION OF RIGHTS
Chapter 236.12 identifies victim rights which must be provided to the victim in
writing and / or verbally. The Iowa City Police Department will routinely present
the victim their rights in written and verbal form. Officers at the scene will present
the victim a printed copy of their rights (Domestic Abuse Notification of Rights
form) and request the victim sign the sheet. One copy of the form should be left
with the victim and the other included with the domestic abuse supplemental
report and narrative.
F. FOLLOW-UP INVESTIGATIONS / DOMESTIC VIOLENCE INVESTIGATOR
All domestic abuse reports shall be completed by the end of the officer's duty day
and forwarded to the Domestic Violence Investigator (DVI) for follow up.
The DVI shall perform follow up investigations on all domestic abuse cases in
Iowa City. The DVI shall attempt to make contact with the victim in each case
and may further the initial investigation by gathering additional evidence,
conducting any follow up interviews, obtaining the 911 dispatch call recording,
obtaining medical records, taking follow up photos, and completing any other
tasks as necessary. The DVI will also conduct risk assessment and safety
planning on a case by case basis. The DVI will work with the Johnson County
Attorney's Office to assist with prosecution as needed.
The DVI will be a member of Coordinated Community Response Teams
(CCRT's) and will provide meaningful participation where efforts are aimed at
OPS-14.9
reviewing and revising local policies and procedures to reflect current realities
and needs in the community, and reducing domestic violence related homicides.
The DVI will be a member of the Domestic Abuse Response Team (DART) and
will work in cooperation with the Domestic Violence Intervention Program (DVIP),
and other victim services in the community to provide service, support, safety,
and advocacy to victims of domestic abuse. The DVI will also be a member of
the Domestic Abuse Investigation Team (DAIT) joined with the county attorney's
office and other local law enforcement agencies. The DVI will additionally
complete, on time, all necessary performance reports and submit any required
grant applications in a manner and quality which will earn the continuance of
grant funding provided to the City of Iowa City for the position.
G. VICTIM SAFETY AND PROTECTION
1. Officers shall work with community resources and advocacy agencies to
connect victims and their children with appropriate services.
2. The officer designated as principal contact for the victim, shall inform the
victim of confidentiality policies and their limitations, and ensure that
confidentiality is maintained throughout the case.
3. All officers shall be aware of possible victim/witness intimidation or
coercion and the increased danger when the victim leaves an abusive
partner. The designated principal contact shall assist the victim and
children in safety planning and caution the victim to be alert to stalking
activities.
4. If an officer suspects intimidation or coercion of the victim/witness is
occurring, the officer shall prepare a written report to be delivered
immediately to the investigator in charge of the case through the chain of
command.
a. In order to determine whether the victim/witness is being
intimidated or coerced, the investigator in charge shall seek out
secondary sources of information.
b. Given the possibility that a victim will recant or choose not to
participate in court proceedings, supplemental evidence shall be
sought out and preserved.
H. HOSTAGE SITUATIONS
As a hostage situation becomes apparent to the investigating officer, and f or
ECO, the watch commander / supervisor shall be immediately notified. Following
an assessment of the circumstances, a determination shall be made as to
strategy for resolution of the call. Special Response Team (SRT) and/or Crisis
Negotiation Team (CNT) protocol and personnel may determine this strategy.
I. OFFICER TRAINING
In addition to initial domestic abuse training at the Iowa Law Enforcement
Academy, the Iowa City Police Department will routinely offer training in regard to
OPS-14.10
domestic abuse. Training will be provided by both in-house staff, as well as
utilizing outside authorities as available.
J. OFFICERS CHARGED WITH DOMESTIC ASSAULT
Concerning application of Iowa Law, should a law enforcement officer be
arrested for domestic abuse, they will be treated equitably as would any other
citizen. Likewise, the Iowa City Police Department will adhere to the Federal
Lautenberg Amendment concerning the possession of firearms should a
domestic abuse conviction occur, within this jurisdiction, or any other within the
United States.
In responding to a domestic abuse call for assistance, should it be known that
any sworn officer of this or any other law enforcement agency, in or out-of-state,
is identified as a suspect, the watch commander / supervisor will be immediately
notified. If the person arrested / suspected is not an Iowa City Police Officer, the
watch supervisor will notify that officer's department. Additionally, the watch
commander / supervisor shall be notified if any other employee of the Iowa City
Police Department is arrested for domestic abuse. Following any of these
notifications, the appropriate division commander will be contacted.
In the event that any officer or employee of the Iowa City Police Department is
arrested for domestic abuse, or involved as a victim of a domestic assault, or is a
suspect but not arrested for a domestic assault, appropriate referrals for services
and assistance will be made. Internal Investigations will be conducted as
warranted. A copy of the report on such an incident shall be forwarded to the
Office of the Chief of Police.
Jody Matherly, Chief of Police
This directive is for departmental use only and does not apply in any criminal or civil
proceeding. The department policy should not be construed as a creation of a higher
legal standard of safety or care in an evidentiary sense with respect to third -party
claims. Violations of this directive will only form the basis for departmental
administrative sanctions.
REDLINE VERSION
Red highlights are deletions
Green highlights are additions
IOWA.GiTY
OE 1 O tyq , •
V �
fs%. 1eyA
POLICE
Original Date of Issue General Order Number
October 8, 1999 99-10
Effective Date of Reissue Section Code
November 5, 2018 OPS-14
Reevaluation Date Amends
November 2019
C.A.L. E.A. Reference
1.2.7, 55.1.1, 55.1.3, 55.2.3 (see "INDEX AS:")
INDEX AS:
Domestic Abuse
Domestic Violence
Domestic Violence Reports
Domestics
No Contact Orders
Protective Orders
OPS-14.1
The purpose of this General Order is to establish policy and procedures for
officers in response to all domestic violence or domestic abuse calls reported to
the Iowa City Police Department. Officers shall be expected to do the following:
• Afford protection and support to adult and child victims of domestic
violence.
• Promote the safety of law enforcement personnel responding to incidents
of domestic violence.
• Establish arrest and prosecution as a preferred means of police response.
• Complete thorough investigations and effect arrest of the primary physical
aggressor upon the establishment of probable cause.
• Officers should not arrest a person who acted in self-defense as defined
by Iowa Code Section 704.3.
OPS-14.2
• Take appropriate action for any violation of any permanent, temporary, or
emergency orders of protection.
• Provide victims or witnesses of domestic violence with support and
assistance through cooperative efforts with community stakeholders in
order to prevent further abuse and harassment or both.
II. POLICY
It is the policy of the Iowa City Police Department to provide a proactive, pro -arrest
approach in responding to domestic violence. The primary focus shall be on the safety
of the victim, officers, and others in proximity of the crime, followed closely by
perpetrator accountability. The law enforcement officer should follow all policies and
procedures of this agency to complete a thorough investigation and analysis of the
complaint with the goal of arresting the person(s) committing an act of domestic
violence and who were not acting in self-defense.
III. DEFINITIONS
A. "Domestic abuse assault' means an assault, as defined in Iowa Code Section
708.1, which is domestic abuse as defined in section 236.2, subsection 2,
paragraph "a", "b", "c", or "d".
B. Iowa Code Chapter 236.2:
2. "Domestic abuse" means committing assault as defined in section 708.1
under any of the following circumstances:
a) The assault is between family or household members who resided
together at the time of the assault.
b) The assault is between separated spouses or persons divorced from
each other and not residing together at the time of the assault.
c) The assault is between persons who are parents of the same minor
child, regardless of whether they have been married or have lived
together at any time.
d) The assault is between persons who have been family or household
members residing together within the past year and are not residing
toqether at the time of the assault.
OPS-14.3
C. `Family or household members" means spouses, persons cohabitating,
parents, or other persons related by consanguinity or affinity. "Family or
household members" does not include children under age eighteen.
D. Intimate relationship means a significant romantic involvement that need not
include sexual involvement. An intimate relationship does not include casual
social relationships or associations in a business or professional capacity.
E. Primary Physical Aggressor:
Officers shall, with or without a warrant, arrest the primary physical aggressor
for domestic abuse assault if upon investigation, including a reasonable
inquiry of the victim and other witnesses, if any, the officer has probable
cause to believe the assault:
b) Resulted in a bodily injury
c) Was committed with intent to inflict a serious injury
d) Involved the use or display of a dangerous weapon in connection with
the assault
e) Was committed by impeding the victim's normal breathing or circulation
of the blood by applying pressure to the victim's throat or neck or by
obstructing the nose or mouth of the victim.
f) Was committed by impeding the victim's normal breathing or circulation
of the blood by applying pressure to the victim's throat or neck or by
obstructing the nose or mouth of the victim and causing bodily injury.
See Iowa Code Section 236.12(2) paragraphs "b", "c", "d", "e", and "I".
Considerations relating to an officer's determination of the primary physical
aggressor are set forth in Iowa Code Section 236.12(3).
In identifying the primary physical aggressor, otherwise stated predominant
aggressor, a peace officer shall consider the need to protect the victims of
domestic abuse, the relative degree of injury or fear inflicted on the persons
involved, and any history of domestic abuse between the persons involved.
The officer's identification of the primary physical aggressor shall not be
based on the consent of the victim to any subsequent prosecution or on the
relationship of the persons involved in the incident, and shall not be based
solely on the absence of visible indications of injury or impairment.
A. Discretionary Arrest: Officers may, with or without a warrant, arrest a person
for domestic abuse assault where an assault has been committed which did
not result in any injury to the victim.
OPS-14.4
F. Pro -Arrest Response: The expectation that officers shall arrest a person
unless there is a clear and compelling reason not to arrest (such as a self-
defense determination or lack of probable cause).
Notwithstanding the provisions of Iowa Code Chapter 236.12, officers shall
arrest offenders in cases of domestic assault not resulting in injury to the
victim unless all of the following conditions are met:
a. The offender believed the victim has suffered no injury
b. There is no indication further abuse will take place
c. No weapons were used or displayed
d. The circumstances of the case suggest that neither justice nor domestic
abuse prevention would be served by an arrest, and
e. The decision not to arrest is reviewed and approved by a supervisor on
duty.
IV. PROCEDURES
Procedures for the following qualifying factors are included in this protocol:
A. Officer Approaching the Scene
B. Officer Responsibility at the Scene
C. Enforcement of No -Contact / Protective Orders
D. Written Reporting
E. Notification of Rights
F. Follow-up Investigation / Domestic Violence Investigator
G. Victim Safety and Protection
H. Hostage Situations
I. Officer Training
J. Officers Charged with Domestic Abuse
A. OFFICER APPROACHING THE SCENE
1. Domestics are a high priority call. Officers will respond immediately with
due consideration of the information available and coordinate their
approach. Two officers should be dispatched to any domestic call -three
officers' is preferred.
2. Remain in contact with the dispatcher, requesting assistance, (see
"Communications" section above) information and updates as needed. If
protective orders are in force, then verification and clarification should be
obtained from the county sheriffs department. (See "protective orders"
section below.)
3. Remain alert for suspect leaving the scene.
B. OFFICER RESPONSIBILITY AT THE SCENE
When officers respond to a call for assistance at the scene of a domestic abuse
incident, they shall:
OPS-14.5
1. Approach the scene safely, and in an alert manner.
2. Identify yourself and give an explanation of your presence. Request entry
into the home when conditions permit. When permission is freely and
voluntarily given by either party, a search of the premises may occur.
3. When entry is refused, exercise persistence in gaining entry based on the
request for assistance received by the department. Request
communications re-establish contact with the complainant, if it has been
lost, and reassess the situation. If entry continues to be refused, contact
the watch commander/supervisor for further guidance if circumstances
permit.
4. Forced entry may be allowed when probable cause exists to suspect that
a felony is occurring, has just occurred, or that a life is in danger. In
evaluating the need for forced entry, the officer (s) must consider the
degree of urgency versus requesting a warrant, the possibility of danger,
whether the suspected offense involved violence and whether the belief
exists that persons may be armed. (See exigent circumstances analysis
in Use of Force G/O)
5. In incidents where a suspect has vacated the scene, and probable cause
exists for an arrest, a complaint and affidavit shall be prepared
immediately, and forwarded to a judge for a request for issuance of an
arrest warrant. However, an officer may arrest a violator within the first 24
hours of an incident without a warrant. (See Iowa Code Section 236.11)
6. Restore order.
7. Take control of all weapons known to be used, or used in a threatening
manner, and safely store them. (See Seizure of Weapons, Iowa Code
Chapter 809.) Iowa Code Section 809.1(1)(c) defines seizable property as
... property which if not seized by the state poses an imminent danger to
a person's health, safety or welfare." When weapons are seized, the
officer shall notify a supervisor of the seizure prior to the officer going off
duty.
8. Assess the need for medical attention, and call for assistance if warranted,
and whenever requested by the victim. The officer shall assist the victim
in obtaining transportation to the nearest hospital if requested.
9. Determine complainant, separating all parties if possible, including
suspect, victim, children, and other witnesses.
10.Interview all parties. If necessary, reasonable efforts should be made to
obtain a translator.
11.Following interviews, a conference of the responding officers should
occur, if necessary, with the goal of arriving at a consensus for
determining whether to arrest. Apply appropriate Chapter 236, Domestic
Abuse criteria in making the decision to arrest. If consensus or a
determination is not made, a supervisor shall be called to assist. When an
officer is solo in responding, they may confer with a supervisor as needed.
Identifying the primary physical aggressor is necessary, as persons acting
in self-defense are exempt from this mandatory arrest.
12.If probable cause exists, arrest the suspect. Read suspect Miranda rights.
Place individual in custody. Field release or issuing of citations are not
allowed in the event domestic abuse has occurred. This applies to either /
OPS-14.6
both arrest for domestic abuse, related charges and / or violations of
protective orders. If possible, immediately transport suspect to jail.
Factors that tend to support a finding of probable cause for arrest include:
physical injuries (including bruises or cuts); disheveled clothing or
furniture; a victim's credible statements or visible fear; credible statements
of witnesses, including children; and previous calls to the home. If
probable cause exists, an arrest shall be made, regardless of the stated
wishes of the victim or the apparent use of alcohol or drugs by either the
victim or abuser.
13.If a child is present during an incident of domestic assault in which
charges are filed, a mandatory report shall be made to the Department of
Human Services. Any time a companion charge of "Child Endangerment"
is made, Department of Human Services must be contacted. Notification
shall include contacting DHS by phone prior to the end of the watch and
forwarding copies of the written report. Reports should include names and
DOB of all children present as well as an account of where they were at
time of assault, what they saw, and/or heard.
14. Collect and record evidence, including torn clothing, broken objects, etc.
15. Photograph the following:
a. Victim in a full body picture (front and back).
b. Victim's specific injury(s).
c. Children.
d. Scene, including broken objects, weapons, general disarray, etc.
e. If possible, the suspect's full body and any injuries, in addition to the
mug shot.
f. When photos are taken at a domestic incident, the evidence sheet
should be marked as a domestic along with the incident number being
noted
g. When the property manager receives photos from a domestic incident,
they shall be forwarded to the domestic abuse investigator.
16. When an arrest causes a child(ren) to be without responsible adult
supervision, Department of Human Services shall be contacted
immediately. Officers are responsible for the care of children until such
time they are relieved of this obligation by DHS.
17.Upon filling out the complaint, the officer will also complete the victim
section of the incident report, making sure to include name, address,
DOB, SS#, sex and race. A photocopy of the incident report containing
this information will be attached to the complaint.
C. ENFORCEMENT OF NO -CONTACT / PROTECTIVE ORDERS
Violation of a no -contact order or protective order shall be vigorously enforced
If an officer has reason to believe that domestic abuse has occurred, the peace
officer shall ask the abused person if any prior orders exist, and shall contact the
twenty-four hour dispatcher to inquire if any prior orders exist.
If an officer has probable cause to believe that a person has violated a no -
contact / protective order the officer shall arrest the person.
OPS-14.7
If an officer has probable cause to believe that a person has violated a no -
contact / protective order and the officer is unable to arrest the person, the officer
shall issue a warrant of arrest as soon as possible and before the end of the duty
day.
D. WRITTEN REPORTING
Written reports should be factual, specific and clear so as to present an accurate
portrayal of the domestic abuse incident. Written documentation that will be
made as a result of a domestic abuse arrest are the complaint and affidavit, a
supplementary information report narrative, Iowa City Police Incident Report
Form, and the Domestic Abuse Reporting Form. All officers present at a
domestic shall complete a report including narrative detailing their observations.
In instances where there is a no locate, or the call was incorrectly classified as a
domestic, the primary officer shall complete a report detailing the circumstances
and identifying the correct call classification.
All reports involving a domestic or originally classified as a domestic, or involving
the violation of a domestic abuse no contact order shall be forwarded to the
Department's domestic abuse investigator.
sessment (ODARA) when applicable. tf an arrest is made, the ODA
completed prior to the defendant's initial appearance and officers shall
ODARA score (e.g "ODARA = 4") in the affidavit portion of the
nplalnt. If the officer fails to record the score on the complaint and
iiplaint is submitted, the officer shall write the score on the original compla
til ies of the
from the
Reports will, at a minimum, contain narratives which will include the following
information:
1. Full names of parties involved, including dates of birth of the suspect and
victim
2. Address and phone numbers for the victim, witnesses and those present,
including the address and phone number of the location where the victim
will be staying
3. Reports should include names and DOB of all children present as well as
an account of where they were at time of assault, what they saw, and/or
heard
OPS-14.8
4. The relationship of the victim and suspect
5. Location of the assault
6. Whether no contact orders are known to exist
7. A description of the scene
8. Weapons used
9. Whether a 9-1-1 call was received
10. Documentation of injuries of all parties injured
11. If alcohol is involved, the result of any PBT given to the suspect and victim
12. Whether they received medical treatment
13.An indication of whether the victim was presented their rights
14. Excited utterances should be recorded in quotation marks. Other
statements may be directly recorded or summarized. The demeanor,
spirit and physical description of the suspect should be noted along with
that of the victim
15.If the officer is aware of pending domestic charges, note that fact in the
narrative
16. If the in -car or body -cam recording system was activated
If the victim suffered restriction of the airway or blood flow during the assault, an
officer must complete the "Domestic Abuse Assault Impeding Airway / Circulation
Supplemental Report."
E. NOTIFICATION OF RIGHTS
Chapter 236.12 identifies victim rights which must be provided to the victim in
writing and / or verbally. The Iowa City Police Department will routinely present
the victim their rights in written and verbal form. Officers at the scene will present
the victim a printed copy of their rights (Domestic Abuse Notification of Rights
form) and request the victim sign the sheet. One copy of the form should be left
with the victim and the other included with the domestic abuse supplemental
report and narrative.
F. FOLLOW-UP INVESTIGATIONS i DOMESTIC VIOLENCE INVESTIGATOR
All domestic abuse reports shall be completed by the end of the officer's duty day
and forwarded to the Domestic Violence Investigator (DVI) for follow up.
The DVI shall perform follow up investigations on all domestic abuse cases in
Iowa City. The DVI shall attempt to make contact with the victim in each case
and may further the initial investigation by gathering additional evidence,
conducting any follow up interviews, obtaining the 911 dispatch call recording,
obtaining medical records, taking follow up photos, and completing any other
tasks as necessary. The DVI will also conduct risk assessment and safety
planning on a case by case basis. The DVI will work with the Johnson County
Attorney's Office to assist with prosecution as needed.
The DVI will be a member of Coordinated Community Response Teams
(CCRT's) and will provide meaningful participation where efforts are aimed at
OPS-14.9
reviewing and revising local policies and procedures to reflect current realities
and needs in the community, and reducing domestic violence related homicides.
The DVI will be a member of the Domestic Abuse Response Team (DART) and
will work in cooperation with the Domestic Violence Intervention Program (DVIP),
and other victim services in the community to provide service, support, safety,
and advocacy to victims of domestic abuse. The DVI will also be a member of
the Domestic Abuse Investigation Team (DAIT) joined with the county attorney's
office and other local law enforcement agencies. The DVI will additionally
complete, on time, all necessary performance reports and submit any required
grant applications in a manner and quality which will earn the continuance of
grant funding provided to the City of Iowa City for the position.
G. VICTIM SAFETY AND PROTECTION
]. Officers shall work with community resources and advocacy agencies to
connect victims and their children with appropriate services.
2. The officer designated as principal contact for the victim, shall inform the
victim of confidentiality policies and their limitations, and ensure that
confidentiality is maintained throughout the case.
3. All officers shall be aware of possible victim/witness intimidation or
coercion and the increased danger when the victim leaves an abusive
partner. The designated principal contact shall assist the victim and
children in safety planning and caution the victim to be alert to stalking
activities.
4. If an officer suspects intimidation or coercion of the victim/witness is
occurring, the officer shall prepare a written report to be delivered
immediately to the investigator in charge of the case through the chain of
command.
a. In order to determine whether the victim/witness is being
intimidated or coerced, the investigator in charge shall seek out
secondary sources of information.
b. Given the possibility that a victim will recant or choose not to
participate in court proceedings, supplemental evidence shall be
sought out and preserved.
H. HOSTAGE SITUATIONS
As a hostage situation becomes apparent to the investigating officer, and / or
ECO, the watch commander / supervisor shall be immediately notified. Following
an assessment of the circumstances, a determination shall be made as to
strategy for resolution of the call. Special Response Team (SRT) and/or Crisis
Negotiation Team (CNT) protocol and personnel may determine this strategy.
I. OFFICER TRAINING
In addition to initial domestic abuse training at the Iowa Law Enforcement
Academy, the Iowa City Police Department will routinely offer training in regard to
OPS-14.10
domestic abuse. Training will be provided by both in-house staff, as well as
utilizing outside authorities as available.
J. OFFICERS CHARGED WITH DOMESTIC ASSAULT
Concerning application of Iowa Law, should a law enforcement officer be
arrested for domestic abuse, they will be treated equitably as would any other
citizen. Likewise, the Iowa City Police Department will adhere to the Federal
Lautenberg Amendment concerning the possession of firearms should a
domestic abuse conviction occur, within this jurisdiction, or any other within the
United States.
In responding to a domestic abuse call for assistance, should it be known that
any sworn officer of this or any other law enforcement agency, in or out-of-state,
is identified as a suspect, the watch commander / supervisor will be immediately
notified. If the person arrested / suspected is not an Iowa City Police Officer, the
watch supervisor will notify that officer's department. Additionally, the watch
commander / supervisor shall be notified if any other employee of the Iowa City
Police Department is arrested for domestic abuse. Following any of these
notifications, the appropriate division commander will be contacted.
In the event that any officer or employee of the Iowa City Police Department is
arrested for domestic abuse, or involved as a victim of a domestic assault, or is a
suspect but not arrested for a domestic assault, appropriate referrals for services
and assistance will be made. Internal Investigations will be conducted as
warranted. A copy of the report on such an incident shall be forwarded to the
Office of the Chief of Police.
Jody Matherly, Chief of Police
WARNING
This directive is for departmental use only and does not apply in any criminal or civil
proceeding. The department policy should not be construed as a creation of a higher
legal standard of safety or care in an evidentiary sense with respect to third -party
claims. Violations of this directive will only form the basis for departmental
administrative sanctions.
OPS-14.11
LEG-05.1
imp
Original Date of Issue General Order Number
July 21, 2000 00-05
Effective Date of Reissue Section Code
August 3, 2017 LEG -OS
Reevaluation Date Amends
August 2018
C.A.L. E.A. Reference
1.2.5, 1.2.6, 1.2.7 (see "INDEX AS-")
INDEX AS:
Use of Force Weapons
Arrests
I. PURPOSE
The purpose of this policy is to provide guidelines to police officers regarding
acceptable criteria for affecting an off -duty arrest.
II. POLICY
Off -duty officers are often faced with situations involving criminal conduct that they are
neither equipped for nor prepared to handle in the same manner as if they were on duty.
This may lead to unnecessary injuries to off -duty officers, and confusion for those on -
duty officers arriving at the scene. In order to promote safety and efficiency, it is the
policy of the Iowa City Police Department to determine and regulate those situations
and locations within which a sworn member is permitted to affect an arrest while off -
duty.
LEG-05.2
III. DEFINITIONS
Personally involved: An officer is deemed personally involved where the off -duty
officer, a family member, or a friend becomes engaged in a dispute or incident
involving a personal matter with the person to be arrested or any other person
connected with the incident. This policy specifically cautions off -duty officers from
using their designation as a police officer in situations where they are personally
involved. Officers should remove themselves from any involvement in such a
situation and immediately contact on -duty personnel to handle.
IV. PROCEDURES
A. Liability Protection
Officers of the Iowa City Police Department have liability protection for the
on and off -duty performance of official duties. This protection does not
extend to acts intended to cause injury or damage, to willful or wanton
acts or omissions, or to those actions that the officer knew, or reasonably
should have known, were in conflict with the law or established policies of
the Iowa City Police Department.
B. Permitted Off -Duty Arrests
When off -duty and within the legal jurisdiction of the City of Iowa City, an
officer may make an arrest only when:
There is an immediate need to prevent a crime or apprehend a
suspect; and
2. The crime would require a full custodial arrest; and
The arresting officer has in his/her possession, appropriate police
identification.
4. The officer is not personally involved in the incident underlying the
arrest or the opportunity and/or means to have on -duty officers
safely respond and handle were not reasonable.
C. Off -Duty Responsibilities
1. While off -duty, the police officer is responsible for immediately
reporting any suspected or observed criminal activity, qualifying a
serious misdemeanor or higher, to on -duty personnel.
2. Despite the fact that a police officer has police powers 24 hours a
day throughout the jurisdiction, except as allowed by this policy, off -
duty officers should not enforce minor violations such as disorderly
conduct, public intoxication, minor traffic violations or other
nuisance offenses. On -duty personnel should be contacted to
LEG-05.3
respond to the situation where an off -duty officer becomes aware of
such violations and believes police intervention is necessary.
3. Where an arrest is necessary, the off -duty -arresting officer shall
abide by all departmental policies and procedures.
D. Prohibited Off -Duty Arrests When off -duty, an officer shall not make an
arrest:
1. When the arresting officer is personally involved in the incident
underlying the arrest and the handling by on -duty personnel is
reasonable or
2. When engaged in off -duty employment of a non -police nature, and
the officer's actions are only in furtherance of the interests of the
private employer.
E. Carrying of Weapons
Officers are prohibited from carrying off -duty weapons when the officer
has consumed alcoholic or intoxicating beverages.
Officers are prohibited from carrying off -duty weapons when they
expect to consume any alcoholic or intoxicating beverage
regardless of amount.
If an officer decides to consume an alcoholic or intoxicating
beverage, he/she shall secure their weapon in a securable area off
the premises in which the alcohol is going to be consumed. If the
officer is at his/her personal residence, he/she shall secure all
department issued and department approved weapons prior to
consuming alcohol.
Probationary Officers
Probationary police officers training in Steps 1 through 4 of the
Field Training and Evaluation Process shall not carry a firearm
while off -duty unless they meet all the following criteria:
Were hired directly from another law enforcement agency
and had successfully completed the probationary period at
that agency.
b. They possess a valid Iowa Non -Professional Permit to Carry.
C. They have qualified with that specific firearm with an ILEA
Certified Firearms Instructor within the past year.
LEG-05.4
2. Probationary police officers training in Steps 1 through 4 of the
Field Training and Evaluation Process should not take official action
or make an arrest while off duty unless it is to protect the life of
another.
G. Review of Off -Duty Arrests
Any officer conducting an off -duty arrest shall complete a report detailing
the circumstances surrounding the arrest. This report shall include the
name of the suspect, witnesses and other involved parties. This report
shall be submitted to the on -duty watch commander, at the time of the
incident, with a copy being forwarded to the Watch Commander of the
officer initiating the arrest for review.
Jody Matherly, Chief of Police
WARNING
This directive is for departmental use only and does not apply in any criminal or civil
proceeding. The department policy should not be construed as a creation of a higher
legal standard of safety or care in an evidentiary sense with respect to third -party
claims. Violations of this directive will only form the basis for departmental
administrative sanctions.
REDLINE VERSION
Red highlights are deletions
Green highlights are additions
OFF -DUTY
CONDUCT:
POWERS OF
ARREST
Original Date of Issue General Order Number
July 21, 2000 1 00-05
Effective Date of Reissue Section Code
August 3, 2017 1EG-05
Reevaluation Date Amends
August2018
C.A.L. E.A. Reference
1.2.5, 1.2.6, 1.2.7 (see "INDEX
INDEX AS:
Use of Force Weapons
Arrests
I. PURPOSE
LEG-05.1
The purpose of this policy is to provide guidelines to police officers regarding
acceptable criteria for affecting an off -duty arrest.
II. POLICY
Off -duty officers are often faced with situations involving criminal conduct that they are
neither equipped for nor prepared to handle in the same manner as if they were on duty.
This may lead to unnecessary injuries to off -duty officers, and confusion for those on -
duty officers arriving at the scene. In order to promote safety and efficiency, it is the
policy of the Iowa City Police Department to determine and regulate those situations
and locations within which a sworn member is permitted to affect an arrest while off -
duty.
LEG-05.2
III. DEFINITIONS
Personally involved: An officer is deemed personally involved where the off -duty
officer, a family member, or a friend becomes engaged in a dispute or incident
involving a personal matter with the person to be arrested or any other person
connected with the incident. This policy specifically cautions off -duty officers from
using their designation as a police officer in situations where they are personally
involved. Officers should remove themselves from any involvement in such a
situation and immediately contact on -duty personnel to handle.
IV. PROCEDURES
A. Liability Protection
Officers of the Iowa City Police Department have liability protection for the
on and off -duty performance of official duties. This protection does not
extend to acts intended to cause injury or damage, to willful or wanton
acts or omissions, or to those actions that the officer knew, or reasonably
should have known, were in conflict with the law or established policies of
the Iowa City Police Department.
B. Permitted Off -Duty Arrests
When off -duty and within the legal jurisdiction of the City of Iowa City, an
officer may make an arrest only when:
There is an immediate need to prevent a crime or apprehend a
suspect; and
2. The crime would require a full custodial arrest; and
3. The arresting officer has in his/her possession, appropriate police
identification.
4. The officer is not personally involved in the incident underlying the
arrest or the opportunity and/or means to have on -duty officers
safely respond and handle were not reasonable.
C. Off -Duty Responsibilities
�. While off -duty, the police officer is responsible for immediately
reporting any suspected or observed criminal activity, qualifying a
serious misdemeanor or higher, to on -duty personnel.
2. Despite the fact that a police officer has police powers 24 hours a
day throughout the jurisdiction, except as allowed by this policy, off -
duty officers should not enforce minor violations such as disorderly
conduct, public intoxication, minor traffic violations or other
nuisance offenses. On -duty personnel should be contacted to
LEG-05.3
respond to the situation where an off -duty officer becomes aware of
such violations and believes police intervention is necessary.
3. Where an arrest is necessary, the off -duty -arresting officer shall
abide by all departmental policies and procedures.
D. Prohibited Off -Duty Arrests: When off -duty, an officer shall not make an
arrest:
1. When the arresting officer is personally involved in the incident
underlying the arrest and the handling by on -duty personnel is
reasonable or
2. When engaged in off -duty employment of a non -police nature, and
the officer's actions are only in furtherance of the interests of the
private employer.
E. Carrying of Weapons
Officers are prohibited from carrying off -duty weapons when the officer
has consumed alcoholic or intoxicating beverages.
Officers are prohibited from carrying off -duty weapons when they
expect to consume any alcoholic or intoxicating beverage
regardless of amount.
2. If an officer decides to consume an alcoholic or intoxicating
beverage, he/she shall secure their weapon in a securable area off
the premises in which the alcohol is going to be consumed. If the
officer is at his/her personal residence, he/she shall secure all
department issued and department approved weapons prior to
consuming alcohol.
LEG-05.4
G. Review of Off -Duty Arrests
Any officer conducting an off -duty arrest shall complete a report detailing
the circumstances surrounding the arrest. This report shall include the
name of the suspect, witnesses and other involved parties. This report
shall be submitted to the on -duty watch commander, at the time of the
incident, with a copy being forwarded to the Watch Commander of the
officer initiating the arrest for review.
Jody Matherly, Chief of Police
WARNING
This directive is for departmental use only and does not apply in any criminal or civil
proceeding. The department policy should not be construed as a creation of a higher
legal standard of safety or care in an evidentiary sense with respect to third -party
claims. Violations of this directive will only form the basis for departmental
administrative sanctions.
t
11 = p°� CITY OF IOWA CITY
' ` 'P'MEMORANDUM
Date: November 5, 2018
To: Community Police Review Board
From: Kellie Fruehling, City Clerk
Re: Legal Counsel Review of ICPD General Orders
Introduction:
At your October 9, 2018 meeting, Legal Counsel Ford noted that he does not review the
General Orders from the ICPD and asked if the Board would like him to. Not all Board members
were present at the meeting so discussion was tabled to the next meeting on November 13.
For the benefit of Board discussion, I've asked ICPD to provide the method by which the
General Orders are reviewed which is outlined in the History/Background. Another item to
consider is the hourly rate of CPRB legal counsel.
History/Background:
Each general order has a designated by color red, green, and black. This color is identified on
the first page of the general order title.
At a minimum, red ones are reviewed annually with review dates on the general order
themselves. At a minimum, green ones are reviewed every two years. At a minimum, black
ones are reviewed every 3 years. The hierarchy is such that more frequent reviews are done on
policies where police practices, case law, and CALEA standards tend to change or effect
procedure.
Recommendations for each policy are tracked prior to review by the Training/Accreditation
Sergeant. If they are minor, they are housed until its time for the next review. If there is more of
an immediate need to change a policy, the staff will create a draft. If the policy deals with law
changes, liability, or other sensitive matters, staff forwards the policy to the City Attorney's office
for review and comment until a final draft is completed. Once a final draft is completed, it is
forwarded to command staff for final review and comment. If there are recommendations for
change that are significant, the policy would go back to the City Attorney's office for review
again. If there are no significant changes at the command staff level, the policy is updated and
put out to department members.
The police department voluntarily participates in an accreditation process with the Commission
on Accreditation for Law Enforcement (CALEA). The purpose of CALEA's Accreditation
Programs is to improve the delivery of public safety services, primarily by: maintaining a body of
standards, developed by public safety practitioners, covering a wide range of up-to-date public
safety initiatives; establishing and administering an accreditation process; and recognizing
professional excellence.
Currently CALEA assessments of participating agencies are based on a 4-year cycle. In this
cycle, annually there is a web -based assessment of 25% of CALEA standards where the
department must show compliance with policies and practices that reflect CALEA standards.
Each subsequent year a different 25% of policies and practices are assessed to determine
CALEA compliance. In year 4 a site -based assessment is also done. The site -based
assessment is completed by CALEA personnel who inspect and audit the department to insure
compliance with policies and practices that reflect CALEA standards.
November 5, 2018
Page 2
All of the department's orders except those listed below are used to demonstrate compliance
with CALEA standards. By the end of the 4-year cycle pertinent parts of orders not listed below
are reviewed by CALEA staff to show compliance.
00-05 Off -Duty Conduct/Powers of Arrest -red
99-10 Domestic Violence -red
00-07 Policy Cyclist -green
01-04 Bomb Threats/Emergencies-green
92-01 Infectious Disease Control -black
00-06 Special Purpose Vehicles -black
91-04 Report Form Development and Control -black
02-01 Temporary/Light Duty -black
13-01 Chaplain Program -black
15-01 Communication, Coordination and Cooperation -black
91-06 Licensee Background Investigation -black
91-07 Investigative Case Screening Process -black
91-05 Investigative Task Force -black
Chris Olney
From: City of Iowa City<CityoftowaCity@public.govdelivery.com>
Sent: Thursday, November 01, 2018 12:01 PM
To: Chris Olney
Subject: Enroll in the Citizens Police Academy
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City 10WACITY
FOR IMMEDIATE RELEASE
Date: 11 /01 /2018
Contact: Officer A.Haves, Community Relations Officer
Phone 319-356-5273
Enroll in the Citizens Police Academy
Applications are now being accepted for the 2019 Citizens Police Academy.
This workshop is sponsored by five area agencies, and works to
promote understanding of what law enforcement does, builds
better community relationships, and provides an overviewfor
people who may be interested in police work as a career.
The Citizens Police Academy will meet once a week for 10
weeks, beginning Monday, Jan. 28, 2019. A different topic will
be covered each week. Classes will be held on Mondays from 6
to 9 p.m. at the Johnson County Joint Emergency
Communication Center, 4529 Melrose Avenue, Iowa City.
Training will include department tours and ride-alongs, defensive
tactics, evidence collection, drug investigation, and many other
areas of law enforcement and operations.
Class size is limited. Register early to reserve your spot. Applicants must be at least 16-years-old
by the start of the session. A $25 fee is required to cover the costs of materials and supplies.
Applications are due to any of the agencies listed below at 5 p.m. on Monday, Jan. 21, 2019. Forms
are available at www,icgov.org/citizensooliceacademv or in -person at:
• Iowa City Police Department, 410 E. Washington St., Iowa City
• Coralville Police Department 1503 5th St., Coralville
• Johnson County Sheriffs Office, 511 S. Capitol St., Iowa City
• North Liberty Police Department, 5 E. Cherry St., North Liberty
• University of Iowa Department of Public Safety, 200 S. Capitol St., Iowa City
For more information, watch the video below or visit www.icgov.org/oitizensooliceacademv.
. - Questions?
Contact Us
CITY OF IOWA CITY
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COMMUNITY POLICE REVIEW BOARD
OFFICE CONTACTS
October 2018
Date Description
None.
November 73, 2018Mtg Packet
COMMUNITY POLICE REVIEW BOARD
COMPLAINT DEADLINES
CPRB Complaint #18-02
Filed: 09/27/18
Chief's report due (90 days): 12/26/18
Chief's report filed: 77/??/18
---------------------------------------------------------------------------------
CPRB meeting #1 (Review): ??/»/19
CPRB meeting #2 (Review): ??/?7/1g
CPRB meeting #3 (Review): ??/??/19
CPRB report due (90 days): 03/26/19
TENTATIVE MEETING SCHEDULE
December 11, 2018
January 8, 2019
February 12, 2019
March 12, 2019