HomeMy WebLinkAbout08-13-2019 Community Police Review BoardMEMORANDUM
COMMUNITY POLICE REVIEW BOARD
A Board of the City of Iowa City
DATE: August 8, 2019
TO: CPRB Members
FROM: Chris Olney
RE: Board Packet for meeting on Tuesday August 13, 2019
Enclosed please find the following documents for your review and comment at the next board meeting:
• Agenda for 8/13/19
• Minutes of the meeting on 7/11/19
• ICPD General Orders 17-03 (Firearms)
• ICPD General Orders 01-05 (Officer Involved Shootings/Lethal Incident Investigations)
• ICPD General Orders 01-02 (Informants)
• Proposed Ordinance Amendment (Liaison)— 7/16/19 City Council Formal Meeting Transcription
• Proposed Ordinance Amendment (Liaison)— 8/6/19 City Council Formal Meeting Transcription
• Office Contacts — July 2019
• Complaint Deadlines
COMMUNITY POLICE REVIEW BOARD
►AY, August 13, 2019 — 5:30 p.m.
HELLING CONFERENCE ROOM
410 E Washington Street
ITEM NO. 1 CALL TO ORDER and ROLL CALL
ITEM NO. 2 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR
AMENDED
• Minutes of the meeting on 07/11/19
• ICPD General Orders 17-03 (Firearms)
• ICPD General Orders 01-05 (Officer Involved Shootings/Lethal Incident
Investigations)
• ICPD General Orders 01-02 (Informants)
ITEM NO. 3 NEW BUSINESS
ITEM NO. 4 OLD BUSINESS
• City Council Liaison proposal
ITEM NO. 5 PUBLIC DISCUSSION
ITEM NO. 6 BOARD INFORMATION
ITEM NO. 7 STAFF INFORMATION
ITEM NO. 8 CONSIDER MOTION TO ADJOURN TO EXECUTIVE SESSION based on Section
21.5(1)(a) of the Code of Iowa to review or discuss records which are required or
authorized by state or federal law to be kept confidential or to be kept confidential as a
condition for that government body's possession or continued receipt of federal funds,
and 22.7(11) personal information in confidential personnel records of public bodies
including but not limited to cities, boards of supervisors and school districts, and 22-7(5)
police officer investigative reports, except where disclosure is authorized elsewhere in
the Code; and 22.7(18) Communications not required by law, rule or procedure that are
made to a government body or to any of its employees by identified persons outside of
government, to the extent that the government body receiving those communications
from such persons outside of government could reasonably believe that those persons
would be discouraged from making them to that government body if they were available
for general public examination.
ITEM NO. 9 TENATIVE MEETING SCHEDULE and FUTURE AGENDAS
• September 10, 2019, 5:30 p.m. Helling Conference Rm
• October 8, 2019, 5:30 p.m. Helling Conference Rm
• November 12, 2019, 5:30 p.m. Helling Conference Rm
• December 10, 2019, 5:30 p.m. Helling Conference Rm
ITEM NO. 10 ADJOURNMENT
If you will need disability -related accommodations in order to participate in this progrmn/event, please contact
Claris Olney at 319-356-5043, christine-olney@iowa-city.org. Early requests are strongly encouraged to allow
suffcicnt time to meet your access needs.
DRAFT
COMMUNITY POLICE REVIEW BOARD
MINUTES — July 11, 2019
CALL TO ORDER:
Vice -Chair Galpin called the meeting to order at 5:32 p.m.
MEMBERS PRESENT:
Sam Conaway, Monique Galpin, Orville Townsend
MEMBERS ABSENT:
Latisha McDaniel, David Selmer
STAFF PRESENT:
Staff Chris Olney, Legal Counsel Patrick Ford
STAFF ABSENT:
None
OTHERS PRESENT: Iowa City Police Captain Denise Brotherton
RECOMMENDATIONS TO COUNCIL
(1) Accept CPRB FYI Annual Report
(2) Accept CPRB report on Complaint #19-01
CONSENT CALENDAR
Motion by Townsend, seconded by Conaway, to adopt the consent calendar as presented or amended.
• Minutes of the meeting on 06/11/19
Motion carried, 3/0, McDaniel and Selmer absent.
NEW BUSINESS
FYI Fiscal Year Report — The Board reviewed the draft annual report, no changes were made.
Motion by Townsend, seconded by Galpin, to forward the draft FYI annual report to the City Council.
Motion carried, 3/0, McDaniel and Selmer absent.
OLD BUSINESS
None.
PUBLIC DISCUSSION
None.
BOARD INFORMATION
Townsend reported that he had attended the June 18th City Council meeting to recap the purpose of
the Boards proposed amendment to the Ordinance and By -Laws regarding a Council Liaison.
Olney added that the requested Ordinance change would be on the July 161h Council agenda to be
voted on for first consideration and Board members were welcome to attend.
STAFF INFORMATION
None.
CPRB
July 11, 2019 DRAFT
EXECUTIVE SESSION
Motion by Galpin, seconded by Townsend to adjourn into Executive Session based on Section
21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or
federal law to be kept confidential or to be kept confidential as a condition for that government body's
possession or continued receipt of federal funds, and 22.7(11) personal information in confidential
personnel records of public bodies including but not limited to cities, boards of supervisors and school
districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized
elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are
made to a government body or to any of its employees by identified persons outside of government, to
the extent that the government body receiving those communications from such persons outside of
government could reasonably believe that those persons would be discouraged from making them to
that government body if they were available for general public examination.
Motion carried, 3/0, McDaniel and Selmer absent. Open session adjourned at 5:39 P.M.
REGULAR SESSION
Returned to open session at 6:13 P.M.
Motion by Conaway, seconded by Townsend to accept the CPRB report on Complaint #19-01 and
forward to City Council as presented.
Motion Carried 3/0, McDaniel and Selmer absent.
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change)
• August 13, 2019, 5:30 PM, Helling Conference Rm
• September 10, 2019, 5:30 PM, Helling Conference Rm
• October 8, 2019, 5:30 PM, Helling Conference Rm
• November 12, 2019, 5:30 PM, Helling Conference Rm
ADJOURNMENT
Motion for adjournment by Townsend, seconded by Conaway.
Motion carried, 3/0, McDaniel and Selmer absent.
Meeting adjourned at 6:16 P.M.
COMMUNITY POLICE REVIEW BOARD
ATTENDANCE RECORD
YEAR 2018-2019
/M..*... nl f-\
TERM
8/2F18
9111/18
10/9)18
11/13/18
12/11/18
1/8/19
�2/20119
3/ 2/19
4/9/19
4/29/19
5/14119
6111 9
7/11A9
NAME
EXP.
Donald
7/1/19
X
X
O
X
X
X
X
X
X
X
X
King
X
Monique
7/1/20
X
X
X
X
X
X
X
X
X
X
X
Calpin
X
X
Orville
7/1/20
X
X
X
X
X
X
X
X
X
X
X
X
X
Townsend
7/I/21
------
------
O
X
X
O
X
X
X
X
X
O
McDaniel
McDaniel
David
7/1 /21
O
X
X
!)
X
O
X
X
X
X
Selmer
X
O
Sam 7,/1/23
Conaway
_
X
KEY: X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
= Not a Member
COMMUNITY POLICE REVIEW BOARD
GENERAL RESPONSIBILITIES
known as Citizens Police Review Board and now known as Community Police Review
Established in 1997, by ordinance #97-3792, the Iowa City Police Citizens Review Board formerly
(hereafter referred as the CPRB), consists of five members appointed by the City Council. The Board
CPRB
has its own outside legal counsel.
The Board was established to review investigations into claims of police misconduct, and to assist the
Police Chief, the City Manager, and the City Council in evaluating the overall performance of the
Police Department by reviewing the Police Department's investigations into complaints. The Board is
also required to maintain a central registry of complaints and to provide an annual report setting forth
the numbers, types, and disposition of complaints of police misconduct. The Board shall hold at least
one community forum each year for the purpose of hearing citizens' views on the policies, practices
and procedures of the Iowa City Police Department. To achieve these purposes, the Board complies
with Chapter 8 of the Iowa City Code and the Board's By -Laws and Standard Operating Procedures
and Guidelines.
ACTIVITIES AND ACCOMPLISHMENTS FOR FISCAL YEAR 2019
Meetings
The CPRB tentatively holds monthly meetings on the second Tuesday and special meetings as
necessary. During FYI the Board held twelve meetings and one Community Forum.
ICPD Policies/Procedures/Practices Reviewed By CPRB
The ICPD regularly provided the Board with monthly Use of Force Reports, Internal Investigation
Logs, Demographic Reports and various Training Bulletins. The Department also provided various
General Orders for the Board's review and comment. A senior member of the Police Department
routinely attended the open portion of the CPRB meetings, and was available for any questions Board
members had regarding these reports.
Presentations
In April of 2019 the Board held its eleventh Community Forum as required by the City Charter. Board
members were introduced and a summary given of the boards duties. Chair King then introduced
Police Chief Matherly.
Chief Matherly presented an overview of the police department and spoke about the departments
excellence in service mission. Captain Denise Brotherton gave a summary of the responsibilities of
the Police Department Support Services Division. She spoke about how the police department is
actively pursuing many avenues to reach out to the public through events, brochures, school visits
and overall being assessable to everyone in the Community
The forum was then opened to the public for questions. There were three members of the public that
spoke at the forum. Topics included appreciation to the Chief, deer management issues, concerns
regarding School safety and training of Officers, Data Driven Justice Initiative (DDJ Grant).
Board members spoke briefly about the complaint process and available informational pamphlets
CPRB Annual Report FY 2019—Approved 7/11/2019 — 1
Board Members
In October 2018 officers were nominated with Don King as Chair and Monique Galpin as Vice -Chair.
Latisha McDaniel was appointed in September 2018 to fill the unexpired term of Royceann Porter.
COMPLAINTS
Number and Type of Allegations
Three complaints (18-02,19-01,19-02) were filed during the fiscal year July 1, 2018 — June 30, 2019.
Two public reports were completed during this fiscal period (18-01,18-02). Two complaints filed in
FY19 are pending before the Board (19-01,19-02).
ALLEGATIONS
Complaint #18-01
Allegation 1- Failure to perform duties
Board's Findings: Allegation 1 — Failure to perform duties - Not sustained
The board affirmed the opinion set forth in the report of the police chief and/or city manager.
Chief's Report Findings: Allegation 1 — Failure to perform duties - Not sustained
Complaint #18-02
Allegation 1- Improper Investigation
Board's Findings: Allegation 1 — Improper Investigation - Not sustained
The board affirmed the opinion set forth in the report of the police chief and/or city manager.
Chief's Report Findings: Allegation 1 — Improper Investigation - Not sustained
Allegation 2- Misinformation on collision report
Board's Findings: Allegation 2 — Misinformation on collision report - Not sustained
The board affirmed the opinion set forth in the report of the police chief and/or city manager.
Chief's Report Findings: Allegation 2 — Misinformation on collision report - Not sustained
Level of Review
The Board decided, by simple majority vote, the level of review to give each report, selecting one or
more of the six levels specified in the City Code per complaint:
Level a
On the record with no additional investigation 2
Level b
Interview or meet with complainant 0
Level c
Interview or meet with named officer 0
Level d
Request additional investigation by Chief or 0
City Manager, or request police assistance
in the Board's own investigation
Level a
Board performs its own additional investigation 0
Level f
Hire independent investigators 0
CPRB Annual Report FY 2019 — Approved 7/1112019-2
Complaint Resolutions
The Police Department investigates complaints to the CPRB of misconduct by police officers. The
Police Chief summarizes the results of these investigations and indicates in a report (the Chief's
Report) to the CPRB whether allegations are sustained or not sustained. (If complaints are made
against the Chief, the City Manager conducts the investigation and prepares and submits the reports.)
The Board reviews both the citizens' complaint and the Chief's Report and decides whether its
conclusions about the allegations should be sustained or not sustained. The Board prepares a report
which is submitted to the City Council.
Of the three allegations listed in the two complaints for which the Board reported, none were
sustained.
The Board did not make any comments and/or recommendations for improvement in police policy,
procedures, or conduct.
Name -Clearing Hearings
The ordinance requires that the Board not issue a report critical of the conduct of a sworn officer until
after a name -clearing hearing has been held. During this fiscal period, the Board scheduled no name -
clearing hearing.
Complaint Histories of Officers
City ordinance requires that the annual report of the CPRB must not include the names of
complainants or officers involved in unsustained complaints and must be in a form that protects the
confidentiality of information about all parties. In the two complaints covered by the FY19 annual
report a total of two officers were involved with allegations against them.
ICPD Internal Investigations Logs
The Board reviewed the quarterly ICPD Internal Investigations Log, provided by the Chief of Police.
COMPLAINT DEMOGRAPHICS
The following is demographic information from the three complaints that were completed in this fiscal
year. Because complainants provide this voluntarily, the demographic information may be
incomplete.
Ape:
18-25 26-35 36-45
Disability:
(1)Physical Mental
46-55 56-64 (1)65+
None
Annual Household Income:
100K 75-99K 50-75K 25-49K (1) Under 25K
Gender:
(1) Female Male Other
Sexual Orientation:
LGBTQ Heterosexual
Ethnic Origin:
Black/Africa n-Ameri can
Asian/Pacific Islander
(1) Other
(1) Hispanic American Indian/Alaska Native
White/Caucasian Other
CPRB Annual Report FY 2019 — Approved 7/11/2019 — 3
Were you born in the United States:
(1)Yes No
Religion:
Muslim None (1) Other
Marital Status:
(1) Married Single Divorced Separated Widowed Other
* Information is reported as presented by the person completing the form.
BOARD MEMBERS
Don King, Chair
Monique Galpin, Vice Chair
Royceann Porter/Latisha McDaniel
David Semler
Orville Townsend
CPRB Annual Report FY 2019— Approved 711112019 — 4
COMMUNITY POLICE REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City, IA 52240-1826
(319)356-5041
7/11/2019
v>
To: City Council`
Complainant
—
City Manager
"
Equity Director
Chief of Police
Officer(s) involved in complaint
From: Community Police Review Board
Re: Investigation of CPRB Complaint #19-01
This is the Report of the Community Police Review Board's (the "Board") review of the investigation of
Complaint CPRB #19-01.
BOARD'S RESPONSIBILITY
Under the City Code of the City of Iowa City, the Board's responsibilities are as follows:
1. The Board forwards all complaints to the Police Chief, who completes an investigation.
(Iowa City Code Section 8-8-7(A).)
2. When the Board receives the Police Chiefs report, the Board must select one or more of the
following levels of review, in accordance with Iowa City Code Section 8-8-7(B)(1):
a. On the record with no additional investigation.
b. Interview /meet with complainant.
c. Interview /meet with named officer(s) and other officers.
d. Request additional investigation by the police chief, or request police assistance in the
board's own investigation.
e. Perform its own investigation with the authority to subpoena witnesses.
f. Hire independent investigators.
3. In reviewing the Police Chiefs report, the Board must apply a "reasonable basis" standard of review.
This means that the Board must give deference to the Police Chiefs report, because of the Police
Chiefs professional expertise. (Iowa City Code Section 8-8-7(B)(2).)
4. According to Iowa City Code Section 8-8-7(B)(2), the Board can recommend that the Police Chief
reverse or modify the Chiefs findings only if:
a. The findings are not supported by substantial evidence; or
b. The findings are unreasonable, arbitrary or capricious; or
c. The findings are contrary to a police department policy or practice, or any federal, state or
local law.
5. When the Board has completed its review of the Police Chiefs report, the Board issues a public
report to the city council. The public report must include: (1) detailed findings of fact; and (2) a
clearly articulated conclusion explaining why and the extent to which the complaint is either
"sustained" or "not sustained ". (Iowa City Code Section 8-8-7(B)(3).)
6. Even if the Board finds that the complaint is sustained, the Board has no authority to discipline the
officer involved.
BOARD'S PROCEDURE
The Complaint was initiated by the Complainant on February 11, 2019. As required by Section
8-8-5(B) of the City Code, the Complaint was referred to the Chief of Police for investigation.
The Chief's Report was filed with the City Clerk on May 10, 2019.
The Board voted on June 11, 2019 to apply the following Level of Review to the Chiefs Report: On
the record with no additional investigation, pursuant to Iowa City Code Section 8-8-7(B)(1)(a). The
Board was provided with a copy of all audio and video recordings of the incident.
The Board met to consider the Report on June 11, 2019 and July 11, 2019.
Prior to the June 11, 2019 meeting, the Board reviewed audio and video of the incident.
FINDINGS OF FACT
On January 10, 2019 Officers served a search warrant at the Complainants apartment to retrieve stolen
property. The stolen property was retrieved during the search. On February 11, 2019, the Complainant
filed a CPRB complaint on the Officers who participated in the search warrant. As a r&°ult of the CPRB
complaint, a formal investigation was initiated. Four allegations were made in the complaint. The
board concluded on all of the allegations.
ALLEGATION 1 — Excessive force against Complainant's Spouse.
Based on video/audio recordings from body cam, the Complainant's spouse waw §t pushed jr (p a wall.
The board affirmed the opinion set forth in the report of the police chief and/or c4r,aneger.
Board's Findings: Allegation 1 — Excessive force against Complainant's Spouse - Nodsustained
Chiefs Report Findings: Allegation 1 — Excessive force against Complainant's Spouse - Not
sustained
ALLEGATION 2 — Excessive force against Complainant.
Based on video/audio recordings from body cam, no officer drew their weapons or pointed at the
Complainant's face. The board affirmed the opinion set forth in the report of the police chief and/or city
manager.
Board's Findings: Allegation 2 — Excessive force against Complainant - Not sustained
Chief's Report Findings: Allegation 2 — Excessive force against Complainant - Not sustained
ALLEGATION 3 — Failure to provide a copy of search warrant. Based on video/audio recordings
from body cam, the officer provided a copy of the search warrant to the Complainant. The board
affirmed the opinion set forth in the report of the police chief and/or city manager.
Board's Findings: Allegation 3 — Failure to provide a copy of search warrant - Not sustained
Chief's Report Findings: Allegation 3 — Failure to provide a copy of search warrant - Not sustained
ALLEGATION 4 — Wrecked the apartment during execution of search warrant.
Based on video/audio recordings from body cam, the Officers retrieved the alleged stolen item and did
not disturb any other objects in the residence. The board affirmed the opinion set forth in the report of
the police chief and/or city manager.
Board's Findings: Allegation 4 — Wrecked the apartment during execution of search warrant -
Not sustained
Chief's Report Findings: Allegation 4 — Wrecked the apartment during execution of search warrant -
Not sustained
COMMENTS
None.
cT
�n
Firearms
Original Date of Issue General Order Number
May 14, 2018 17-03
Effective Date of Reissue
Section Code
Reevaluation Date Amends/Cancels
May 2014 1 00-08 WEAPONS and 07-01 Patrol Rifle
C.A.L.E.A• Reference
_4.1.3, 4.3.1, 4.3.2, 4.3.3 Use of Force / Training
INDEX AS:
Firearms
Munitions
Off -duty weapons
Use of Force
Training
Field Training
Weapons a
Special Response Team ` c� c
PURPOSE --tn
The purpose of this order is to govern the types of firearms and amrm, t n dF�d by
officers in the performance of their duties. The policy shall establish a r gistramn
and approval process for all firearms and ammunition. Officers shall be required to
demonstrate proficiency prior to being authorized to carry any firearm.
POLICY
It is the policy of the Iowa City Police Department to equip its officers with
firearms and ammunition which are safe and reliable. Members of the Department
shall only use firearms and ammunition authorized by the Department in the
performance of their duties and in a manner consistent with their training and General
Order 99-05: Use of Force. It is also the policy of the Department to require officers to
demonstrate at least annually, proficiency in the use of all firearms utilized under color
of official duty. The Iowa City Police Department recognizes that combative, armed
and/or violent subjects create handling and control problems requiring special training
and equipment.
III. DEFINITIONS
Lead Range Officer - A sworn member who has received specialized training in the
instruction of firearms training and activities (firearms instructor school). The Lead
Range Officer shall be responsible for the development and coordination of firearms
training, courses of fire, recommendations for firearms, targets, range safety issues and
all supplies needed for the operation of the firing range and duty use. The Lead Range
Officer shall ensure that firearm maintenance and repair issues are referred to an
armorer.
Range Instructor - A member who has received specialized training in the instruction of
firearms training and activities (firearms instructor school) and recommended by the
Lead Range Officer, Training Officer and approved by the Chief of Police or designee.
Range Instructors assist the Lead Range Officer in the development and coordination of
firearms training, courses of fire, targets, range safety issues and all supplies needed for
the operation of the firing range and duty use.
Armorer - A member who has received specialized training to prgvede firearms
manufacturer's authorized maintenance and repair for authorized firearm`s�j- he arT rer
must be recommended by the Lead Range Officer, Training Officer'akapftmved bVIhe
Chief of Police or designee. The written approval shall specify wTr'rch 9earn.-�5-the
armorer is authorized to maintain and repair. �n
Firearms — For the purposes of this policy firearms means hand sh_n
g�unsk.afid
rifles. It excludes less lethal shotguns and 37mm munitions. For t, sec -GO 17-06
titled Less Lethal Weapons.3
Departmental issued handgun - Handguns issued to the officer by the department and
which the officer shall carry when on duty. Any exceptions require the approval of the
Chief of Police or designee.
Department issued shotgun — Shotguns provided by the department for deployment in
tactical situations.
Department issued semi -automatic rifle - Rifles provided by the department for
deployment in tactical situations for unconventional situations where the police may
face heavily armed and/or ballistically protected suspects. These rifles are a tool to
allow the potential resolution of these incidents by providing a tactical advantage not
available with more conventional police firearms.
2
Long -gun -Any firearm other than a handgun. Includes all shotguns and rifles regardless
of application.
Patrol Rifle Operator (PRO) - A specially selected and trained officer of the patrol
division issued a department rifle; or an officer selected and trained to carry a
personally owned rifle approved by the department. Operators are selected based on
guidelines established by the Commander of Field Operations.
Subject - The person who is the focus of the police operation.
Official color of duty - Any action taken by a sworn officer whether on or off duty
pursuant to his/her status or authority as a police officer and within the scope of their
duties.
Personally owned firearms - Any firearm not purchased and owned by the
department. Personally owned firearms shall not be worn or carried on duty as a
primary weapon.
Off -Duty Weapons -Any firearm that is not registered with the department as a backup
weapon and is carried solely in an off -duty capacity. Off -duty firearms are not regulated
by the department and shall not contain/use department duty issued ammunition.
IV. PROCEDURES
jr c's e
A. General Requirements c'>- tv^
1. All on -duty sworn personnel, whether in uniform or nd1-L.%for , sha+bp
armed with a departmentally issued duty handgun. ?"
a. Exceptions ry
c,w>
i. Officers operating in a status where possession of a
firearm would endanger the officer or the operation in
which they are participating.
ii. Where there is a need to or requirement that officers
secure their weapon prior to entering a secured area. Le.
courtroom, correctional facilities or psychiatric wings of
hospitals.
iii. Officers with non -uniform administrative assignments
while performing that assignment.
iv. Officers on "light duty" will carry weapons based on
limitations as provided by a physician.
2. Prior to initial issuance or carry while on duty, all firearms shall be
reviewed, inspected and approved by a range instructor or
armorer. On an on -going basis, qualified instructors or armorers shall
conduct inspections of all firearms that are being carried by members.
3
The date of the inspection and name of the inspector shall be recorded
and forwarded to the Lead Range Officer, Training Officer and/or SRT
supervisor, as appropriate. If a firearm is determined to be
unsafe, the instructor or armorer shall remove it from use pending repair,
record the malfunction, cause repair to be made, and provide a
replacement to the employee as soon as practical if it is a department
issued firearm.
3. Non -uniformed on -duty officers carrying a handgun in an unconcealed
manner must be readily identifiable as a police officer by wearing their
badge adjacent to the weapon.
4. Whether on or off -duty, officers shall carry their police identification
while armed with a department issued firearm.
a. Exceptions
i. When participating in recreational shooting events.
ii. When the possession of police identification would
endanger the officer, or operation in which he/she is
participating.
iii. When in the department issued uniform, the uniform may
serve as police identification.
5. The carrying of a handgun while off -duty shall be at the discretion of the
officer. If the officer elects to carry off -duty with a department issued
handgun or a department approved backup handgun that tb' officer has
qualified with and carrying under the premise a theirz3rofessjonal
authorization to carry, it shall be concealed from pJjAityief�. An DtUcer
carrying a personally owned weapon off -duty unde- th rerdrse of
their non-professional permit is not required-4`tBEcarry ice
identification. An officer electing not to carry a hartdgtj whde of>� tiny
shall not be subject to disciplinary action if an occa� dgshq�7ld ari e
which they could have taken police action were they armed. r a
W
6. Officers may carry a personal backup handgun while on duty provided
the following requirements are met:
a. The weapon meets the specifications for approved backup carry.
b. The officer shall qualify with the weapon on at least an annual
basis.
C. The officer's Watch Commander shall be advised of the make,
model and serial number of the approved weapon.
d. On an annual basis the weapon shall be inspected by a
departmental armorer or firearm instructor.
e. The weapon shall not be carried as the officer's primary weapon.
4
f. The weapon shall not be modified after it has been approved
without notification and approval of the Lead Range Instructor.
g. If the weapon is discharged in the line of duty it shall be
immediately surrendered to the on -duty watch supervisor.
h. The officer recognizes that the Department or City of Iowa City
will in no way be liable for the damage, theft or loss of the
personal weapon.
i. The weapon shall only be loaded with ammunition approved by
the commanding officer field operations when carried on duty.
7. All sworn officers shall be armed with a Department approved handgun
while operating any marked police vehicle.
8. Department issued firearms shall only be used for departmental duties.
9. All officers must meet approved levels of proficiency in firearms
qualification training as set forth by the Range Officer and approved by
the Chief of Police.
10. While on -duty, officers shall carry their handgun(s) fully loaded. (Le. full
chamber and magazines for semi -auto handguns and full cylinder for
revolvers.) Department issued handguns will be carried only in a
department issued holster unless the officer has received pemission
from a member of Command Staff to use another holster apM�ved by
the lead firearms instructor. Personally owned handggrzswiIFbe carriQ
in a holster approved by the Lead Firearms Instructor.
11. While on duty shotguns will be carried with the magazAF1_Tullp4oaddd
the chamber empty, and safety on unless being used I$ob offAcer.
Shotguns shall be stored in the appropriate locking racof squad cars.
Officers shall, as soon as practical, notify a supervisor of any shotgun
deployment (i.e. removal from vehicle at a call -for service).
12. While on duty rifles that carry 30 round magazines shall only be loaded
with 28 rounds. Rifles that carry 20 round magazines shall be fully loaded.
While on duty all rifles will be carried with one magazine inserted in the
rifle, the chamber empty, and safety on unless being used by the officer.
All rifles are to be stored in the trunk of the assigned officer's patrol car
during his/her duty unless the vehicle is equipped with an appropriate
rack. Officers shall, as soon as practical, notify a supervisor of any rifle
deployment (i.e. removal from vehicle at a call -for service). Department
issued rifles are to be secured in the officer's locker at the end of tour.
No rifles shall be left in fleet vehicles at the end of an officer's tour
of duty.
13, Only magazines authorized by the department may be used in a firearm
and they shall not be modified from their original manufacture.
Magazines for all firearms used while on duty will be inspected on an
annual basis by a department armorer.
14. Officers are responsible for the safekeeping and security of all
department authorized firearms in their custody.
15. When loading or unloading a firearm in the Police Department or Sub-
station, the unloading / loading shall occur using the bullet trap provided
by the department.
16. All firearms shall be stored, handled, and / or maintained in such a
manner as to prevent the firearm from an unintended discharge.
17. Off -duty Patrol Rifle Operators may only remove agency issued rifles
from the Department premises for practice purposes. All department
authorized weapons shall be stored consistent with Iowa Code Chapter
724.22 (7):
It shall be unlawful for any person to store or leave a loaded
firearm which is not secured by a trigger lock mechanism, placed
in a securely locked box or container, or placed in some other
location which a reasonable person would believe to bcMecure
from a minor under the age of fourteen years, iduch P&rson
knows or has reason to believe that a minor und�rt�he Fe of
fourteen years is likely to gain access to the firea��rydithout theme
lawful permission of the minor's parent, guardiarxf�F� pgmon Mi
having charge of the minor, the minor lawfully gdirtcs to iEl
firearm without the consent of the minor's pare guarorpn, or
person having charge of the minor, and the minor exhibtgthe
firearm in a public place in an unlawful manner, or uses the
firearm unlawfully to cause injury or death to a person. This
subsection does not apply if the minor obtains the firearm as a
result of an unlawful entry by any person. A violation of this
subsection is punishable as a serious misdemeanor.
18. Officers shall not carry any firearm under the following circumstances:
a. The officer is on suspension or is directed not to do so by the
Chief of Police.
b. The officer has not successfully met proficiency and qualification
levels as set forth by the Department.
C. While under the influence of alcoholic beverages or medications
that impair physical or mental ability.
19. 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 the all of the following criteria:
a. Were hired directly from another law enforcement agency and
had successfully completed the probationary period at that
agency.
They possess a valid Iowa Non -Professional Permit to Carry.
They have qualified with that specific firearm with an ILEA
Certified Firearms Instructor within the past year.
20. The Captain of Administrative Services shall maintain a file on each
firearm that is authorized for use in an official capacity
containing the following:
a. Date the firearm was authorized for use in an official capacity.
b. Excluding routine cleaning, a log of all maintenance, repairs, or
alterations completed on the firearm.
C. Member using the firearm.
d. In the case of shotguns -what car it is assigned to.
21. Firearms shall not be modified after it has been approved withorit,
notification and approval of the Lead Range Instructor.
22. If a firearm is discharged in the line of duty it shall be imr-F@ ater
surrendered to the on -duty watch supervisor. If the firea r�vasq&suedtu
by the department the surrendering officer shall be given�VMplaqymerMj
as soon as possible.
*E
23. All personnel authorized to carry weapons intended for use of fore
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.
B. Display of Firearms
Except for general maintenance, supervisory inspections, storage or
authorized training, officers shall not draw or exhibit firearms unless
circumstances create a reasonable suspicion that it may be necessary to
lawfully use the weapon in conformance with departmental directives.
2. Unless specifically designed to be carried in this fashion, at no time shall a
firearm be carried or placed in a cocked condition, except for a second or
subsequent shot of a semi -auto firearm.
3. Department owned firearms shall not be carried or utilized for any non -
law enforcement activity without the express written permission of the
Chief of Police or designee.
No officer shall display or provide any weapon to a citizen to inspect,
examine or otherwise handle unless authorized by the Chief of Police or
designee.
C. Authorized Handguns
1. On -duty handgun, uniform duty
6-1
a. An approved on -duty handgun for uniform duto any
department issued handgun as approved by thE9196i�f cRolice,.
b. Specifications -=tn
i. Handguns must be double -action only or-d r—
.-
cock only models. Single-action handgunsPno.?
authorized.
ii. Minimum trigger pull weight: Factory trigger pull weight
not less than five (5) pounds.
iii. Barrel length: not less than 3.5 inches and not more than 6
inches.
iv. Ammunition capacity: six (6) rounds minimum.
C. Current approved uniform on -duty handguns
i. 40 caliber GLOCK model 22
ii. 9mm caliber GLOCK model 17-on an individual basis with
approval of the chief of police
2. On -duty handgun, non -uniform duty
a. An approved on -duty handgun for non -uniform duty is any
department issued or personally owned departmentally approved
handgun.
b. Specifications
I. Handguns must be double -action only or
de -cock only models. Single action handguns are not
authorized.
ii. Minimum trigger pull weight: Factory trigger pull weight
not less than five (5) pounds.
iii. Barrel length: not less than 3 inches and not more than 6
inches.
iv. Ammunition capacity: six round minimum.
C. Current approved non -uniform duty handguns
i. 40 caliber GLOCK model 22
40 caliber GLOCK model 23
9mm caliber GLOCK model 17-on an individual basis with
approval of the chief of police
3. Authorized Personally Owned Backup Handguns
a. An approved backup handgun is any department issued
handgun or personally owned handgun meeting the following
requirements.
i. Criteria for personally owned, backup handguns o
a. .380 ACP or larger r�
b. .45 ACP or smaller - _
C. Annually inspected by a departmei ar_�rWer or�
firearms instructor. C-1
rT1 :s:
ii. Revolvers must be double action. Single a¢a on
revolvers are prohibited. Semi-automaticsiall be rried
according to manufacturer specifications. Semi-auf,&
which are carried with the hammer in the rearward
position shall be "cocked and locked" (hammer back and
safety on) and carried in an approved holster.
Holsters shall be approved by the Lead Range Officer or
Chief of Police.
iii. Minimum trigger pull weight: Factory pull weight not less
than five (5) pounds.
iv. Ammunition Capacity: five (5) round minimum.
V. The handgun shall be concealed (This does not include
transportation of the weapon to and from the officer's
residence and the PD) and carried in a secure and safe
manner.
vi. Backup weapons may be worn while attending court
(with judge's approval) if the officer is in plain clothes and
has police identification adjacent to where the weapon is
located.
b. Current authorized backup handguns
i. Smith and Wesson: Models Body Guard, 442 and 642
ii. Glock: Models 17, 19, 22, 23, 26, 27, and 43
iii. Springfield: Model XD9
iv. Ruger: Model LCP
D. Authorized Shotguns
1. Patrol
a. The department shall provide a shotgun for each marked squad-
ca r.
b. An approved patrol shotgun is any department issued shotgun
meeting the following requirements:
i. Gauge: 12 gauge
ii. Barrel length: Minimum 14"
iii. Action: pump or semi -automatic
iv. 2.75"-3" magnum capability
V. Minimum 4 shot chamber
C. Current authorized shotguns for patrol
rM?
i. Remington: 870 12 gauge pump actioECc-
r4.
ii. Benelli M412 gauge semi -automatic y;
r--
n�C
2. Special Response Team (SRT) {
r
a. The department shall provide a limited numbe tOo unsf use
by the special response team. T"
b. An approved special response team shotgun is any department
issued shotgun meeting the following requirements:
i. Gauge: 12 gauge
ii. Barrel length: Minimum 14"
iii. Action: pump or semi -automatic
iv. 2.75"-3" magnum capability
V. Minimum 4 shot chamber
C. Current authorized shotguns for the special response team
i. Benelli M412 gauge semi -automatic
10
ii. Remington 870 Magnum Breaching Shotgun
3. Authorized Personally Owned Shotguns
a. The Iowa City Police Department may allow individual officers to
purchase and carry their own shotguns, on duty, pursuant to this
order.
Qualifications for Individually Owned Patrol Rifles
a) The officer must have successfully completed
his/her probationary period.
b) The officer must submit a request to the
Commander of Field Operations via the Chain of
Command.
c) The officer's immediate supervisor and the
Commander of Field Operations must approve the
officer and weapon before a personally owned rifle
can be used on duty.
d) The rifle shall be inspected by the department's
Lead Range Officer.
b. An approved personally owned shotgun
is any rifle
meeting the
following requirements:
v
i. Gauge: 12 gauge
a
ii. Barrel length: Minimum 14"c
_ "_
iii. Action: pump or semi -automatic
s
iv. 2.75"-3" magnum capability
V. Minimum 4 shot chamber
_<7-
C. Current authorized shotguns for the special
respinse
t
i. Benelli M412 gauge semi -automatic
ii. Remington 870 Magnum Breaching Shotgun
d. The owner of any shotgun(s) approved pursuant to this policy; is
responsible for all expenses related to the care, repair and
maintenance of the weapon unless otherwise approved by the
Commander of Field Operations.
E. Authorized Rifles
1. Patrol
11
2.
C.
The department shall provide a limited number of rifles for use by
patrol.
b. An approved department issued patrol rifle is any rifle meeting the
following requirements:
i. minimum 10" barrel maximum 20"
a. A barrel under 16" must be properly registered
with the ATF.
ii. Gas operated semi -automatic action
iii. .223 caliber
iv. 30 round capacity box magazine
V. fixed or collapsible stock
vi. Approved tactical sling
vii. Attached light with illumination of at least 65 lumens.
viii. Fixed or flip -up iron sights
a) An optical sighting device may be used.
ix. Appropriate protective case.
Current authorized department issued rifles for patrol
i. Rock River Arms Model: LAR15
d. To the extent practical, each Watch Commander will hav ssigned
to their watch four (4) Patrol Rifle Operators. If amoff'ice rs a ^s
designated PRO and desires to transfer to anothe Sn atch at oeLcer
may be removed from the Patrol Rifle program anrbtKe riT "
surrendered to the Watch Commander. The WatcT� nmaander ll
secure the weapon and may designate another off.Lcd�ps AFRO. FMt
newly appointed PRO shall have completed the mig'iWourn nurse
Patrol Rifle Operators and supply qualifying range sebres A sight
confirmation records to the Training and Accreditation Sergeant.
Authorized Personally Owned Rifles
a. The Iowa City Police Department may allow individual officers to
purchase and carry their own patrol rifles, on duty, pursuant to this
order.
Qualifications for Individually Owned Patrol Rifles
a) The officer must have successfully completed
his/her probationary period.
b) The officer must submit a request to the
Commander of Field Operations via the Chain of
Command.
12
1
c) The officer's immediate supervisor and the
Commander of Field Operations must approve the
officer and weapon before a personally owned rifle
can be used on duty.
d) The rifle shall be inspected by the department's
Lead Range Officer.
An approved personally owned patrol rifle is any rifle meeting the
following requirements:
i. minimum 10" barrel maximum 20"
a. A barrel under 16" must be properly
registered with the ATF
ii. gas operated semi -automatic action
iii. .223 caliber
iv. 30 round capacity box magazine
V. fixed or collapsible stock
vi. Approved tactical sling
vii. Attached light with illumination of at least 65 lumens.
viii. Fixed or flip -up iron sights
a. An optical sighting device may be used.
ix. Appropriate protective case
C. Current authorized personally owned rifles for patrol are
i. Rock River Arms, Model: LAR15 ; y
ii. Bravo Company, Model: BCM4 r
iii Colt Model: 6720
iv.
Springfield, Model: Saint
o
V.
Knight's Amarment, Model: SR15
r.
vi.
Sig Sauer, Model; MCX-P
r.a
vii.
LMT, Model: Defender
c
viii.
Stag Arms, Model: AR15
d. The owner of any rifle(s) approved pursuant to this policy; is
responsible for all expenses related to the care, repair and
maintenance of the weapon unless otherwise approved by the
Commander of Field Operations.
nI
e. A probationary officer who was a certified peace officer prior to hire
with the Department and is recommended by the Lead Range
Officer, may be selected as a PRO prior to the end of their
probationary status.
13
f. No ICPD police officer is allowed to deploy a patrol rifle on duty until
they have attending an ICPD PRO training course and is certified by the
Department as a PRO.
3. Special Response Team (SRT)
a. The department shall provide a limited number of rifles for use by
SRT.
b. An approved department issued SRT rifle is any rifle meeting the
following requirements:
i. minimum 10" barrel
ii. Gas operated semi -automatic action
iii. .223 caliber
iv. 30 round capacity box magazine
V. fixed or collapsible stock
vi. Approved tactical sling
vii. Attached light with illumination of at least 65 lumens.
viii. Fixed or flip -up iron sights
a) An optical sighting device may be used.
ix. Appropriate protective case.
C. Current authorized department issued rifles for SRT
i. Rock River Arms, Model: LAR-15
d. Trained SRT members may carry their assigned §Ajiv deFxeaporf a
while on duty and on their patrol watch. SRT members CaTryin
their assigned weapon must follow the guidelinRovied inSbis
policy.
F. Authorized Ammunition
N
1. Department issued firearms must carry ammunition issued by the
department. Personally owned backup handguns must carry department
approved ammunition. Rifles shall only be deployed with .223
ammunition approved and supplied by the department. Ammunition
shall not be modified in any way.
2. The Lead Range Officer shall be responsible for issuing all duty and
training ammunition for all officers of the Department.
a. All ammunition shall be produced by a major commercial
manufacturer of such product.
14
b. All issued duty ammunition shall be rotated at least on an annual
basis.
c. All issued duty and training ammunition shall be approved by the
Chief of Police or designee.
d. All ammunition carried in a department approved, personally
owned backup firearm shall be approved by the Chief of Police
or designee.
e. The table below lists all authorized ammunition information types:
Handgun
Shotgun
Rifle
38o caliber Speer Gold Dot 90 GR HP
12 Ga Buckshot
Federal .168 grain Bonded SP
.38 special
12 Ga Slug
Federal .165 grain Sierra Match King BTHP
.357 caliber
Royal Arms Tactical
Speer LE Golddot 64grain GDSP
Entry Avon Rounds- SRT
only
9 mm
Federal 2.75 00
Federal Match168 GR, Boat Tail H
buckshot-9 pellet
.40 caliber
Federal Tactical 9 pellet
Hornady Critical Duty FlexLock 40 caliber
Federal 2.75 lounce
175 grain
rifled slugs
.45 caliber
Speer Gold Dot 125 GR HIP
ch
Speer Gold Dot 125 GR GDHMEE
Speer Gold Dot 147 GR
Speer Gold Dot 180 GR
Speer Gold Dot 230 GR„
,
Federal Tactical Bonded 16
r ETI
Federal Tactical
Federal HST
Magtech 7, 45
ro
G3
Remington Ultra Defense
Remington Gold Saber
G. Firearms Records
1. The captain of administrative services shall record the following
information and forward it to the Lead Range Officer:
a. Initial date of service
b. Description
C. Manufacturer and Caliber
15
d. Serial number
e. Repair, service and modification history
The Lead Range Officer shall maintain a record for each firearm approved
by the Department for use under official color of duty, and shall, at a
minimum include the aforementioned information.
3. A copy of the firearm record shall be provided to the Commander of Field
Operations and be entered in the Departments records management
system.
Firearms Modifications and Repairs
1. All department issued and department approved personally owned
firearms shall not be modified from the manufacturer's specifications,
except under the following circumstances:
a. All modifications or repairs shall be conducted by the a
manufacturer, manufacturer authorized service center, or
department approved armorer.
Exception: Officers may personally install a slip-on grip on their
department issued or personally owned handgun. All other grip
changes or modifications shall be conducted per section above.
b. The Lead Range Officer shall be notifiEg ig r citing -. _ all
modifications or repairs and shall enter iPe-moficatip or
repairs in the Departments record nagen�?nt Mrem.
Documentation shall be kept on file with the L d Range Oft.
Firearms Maintenance j
ro
ca
1. Officers shall maintain all firearms issued to them, or approved for
use by the Department, in proper working order. Officers shall
not disassemble any department issued firearm beyond field stripping, as
per the manufacturer recommendations for proper maintenance and
cleaning. All other disassembly shall be conducted by the manufacturer,
manufacturer authorized center, or department approved armorer.
Each repair or service transaction shall be documented and
recorded as required in the section above.
Firearm Proficiency, Training and Testing
Courses of fire and tests designed to require the officer demonstrate
accuracy, safety, functionality and maintenance of the firearms the
officer carries or uses and knowledge of laws and departmental
16
regulations concerning the use of force and weapons shall be required on
an annual basis.
1. All persons utilizing range facilities shall follow the direction of the Lead
Range Officer/Range Instructor at all times.
2. Courses of fire will be designed by firearms training personnel to include
scores, target types, timing distance and practical conditions that meet
the needs of the department.
3. Scores will be documented as either pass/fail, or in annual firearms
qualification courses, as a numerical score with a minimum of 80%
required to pass and qualify.
4. Proficiency tests will include demonstrated ability of the officer to
accomplish the following: drawing, holstering, clearing stoppages,
loading, unloading, and safe handling of the firearm as designated by the
training staff.
S. Target types will consist of, but not be limited to the following:
a. Paper targets with printed design to represent areas to hit and be
used in scoring accuracy.
b. Steel targets that present instant feedback to theme icer on
accuracy. s
c=
c. Shoot/don't shoot targets that represent the nets orAj officer to
react appropriately.' $'
6. Successful completion of a transitional training cours: a' d d b�t�e
firearms training staff is required by any officer who ChangeKsrom
primary handgun of one design to a handgun of another deign, prior to
being approved to carry the new handgun.
Annual handgun proficiency qualification requirements shall consist of
successful completion of one course consistent with ILEA for
each issued handgun and a personally owned weapon that has been
approved as a backup.
8. All officers who carry special weapons and ammunition shall
successfully complete qualification courses and training designed by the
firearms training staff and those in charge of the affected units on an
annual basis.
17
9. PRO Range days shall be held twice per year. PRO's must attend
one of the PRO Range days each year in addition to sight confirmation at
each Department Range day (spring and fall) in accordance with
standards established by the Department's Rifle Instructors. Officers
desiring to purchase and carry their own rifle must complete the same
training and qualification as PROS using Department owned weapons.
10. Remedial training may be required of those officers who fail to achieve
the minimum scores or at the recommendation of the lead range officer.
a. Remedial training will continue until the officer meets the ILEA
standard. The lead range officer will notify the Commander of Field
Operations and the Training Officer of those who cannot achieve a
passing score.
Failure to meet the ILEA proficiency requirements within 12
months of the last passing score will result in immediate
notification to the Commander of Field Operations and the Training
Officer and may result in temporary reassignment to administrative
duties that do not require the use of a firearm. This may continue
until the standard is met, but will not exceed five (5) duty days
without administrative review.
C. Continued failure to meet the standard may result in administrative
action being taken against the officer.,
.c
d. Specific to PROS: during qualification, failure to Ea
passing score will result in a second attempt --i r--
approximate ly one month later. Failure to fire a gsc,,.s ngn"-0score at that time will result in the officer being sgs�endeMi
from the rifle program for a period of not less thEnatbreP
months. Upon failure to qualify on the second aftempt,f
the officer shall surrender the department issued rifle t
their Watch Commander. The Watch Commander may
reissue the rifle to another qualified PRO on the watch or
the Commander of Field Operations may designate a new
PRO. Upon the expiration of the 3-months, the
Commander of Field Operations shall determine if the rifle
will remain with the current PRO or revert to the original
officer.
11. The Range Officer or Lead Range Instructor conducting the firearms
training shall complete records documenting all firearms training for each
officer. These records shall be retained by the Training Unit.
18
12. All firearm instruction, training and qualification shall be provided by a
certified instructor.
13. Until the employee achieves full certification, s(he) will not be permitted
to operate the specific weapons system other than in a training
environment.
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
r"TT
m
1
19
REDLINE VERSION
Red hightlights are deletions
Green highlights are additions
Firearms
Original Date of Issue General Order Number
May 14, 2018 1 17-03
Effective Date of Reissue Section Code
Reevaluation Date Amends/Cancels
May 2019 a 00-08 WEAPONS and 07-01 Patrol Rifle
C.A.L.E.A. Reference
4.1.3, 4.3.1, 4.3.2, 4.3.3 1 Use of Force / Training
INDEX AS:
Firearms
Munitions
Off -duty weapons
Weapons
Special Response Team
I. PURPOSE
r.a
Use of Force
lxc
Training n
C__
k
Field Training
c->-4
=jt
kjo
r-
The purpose of this order is to govern the types of firearms and ammunition used by
officers in the performance of their duties. The policy shall establish a registration
and approval process for all firearms and ammunition. Officers shall be required to
demonstrate proficiency prior to being authorized to carry any firearm.
II. POLICY
It is the policy of the Iowa City Police Department to equip its officers with
firearms and ammunition which are safe and reliable. Members of the Department
shall only use firearms and ammunition authorized by the Department in the
performance of their duties and in a manner consistent with their training and General
Order 99-05: Use of Force. It is also the policy of the Department to require officers to
demonstrate at least annually, proficiency in the use of all firearms utilized under color
of official duty. The Iowa City Police Department recognizes that combative, armed
and/or violent subjects create handling and control problems requiring special training
and equipment.
III. DEFINITIONS
Lead Range Officer - A sworn member who has received specialized training in the
instruction of firearms training and activities (firearms instructor school). The Lead
Range Officer shall be responsible for the development and coordination of firearms
training, courses of fire, recommendations for firearms, targets, range safety issues and
all supplies needed for the operation of the firing range and duty use. The Lead Range
Officer shall ensure that firearm maintenance and repair issues are referred to an
armorer.
Range Instructor - A member who has received specialized training in the instruction of
firearms training and activities (firearms instructor school) and recommended by the
Lead Range Officer, Training Officer and approved by the Chief of Police or designee.
Range Instructors assist the Lead Range Officer in the development and coordination of
firearms training, courses of fire, targets, range safety issues and all supplies needed for
the operation of the firing range and duty use.
Armorer - A member who has received specialized training to pXgvide firearms
manufacturer's authorized maintenance and repair for authorized firear'. The armorer
must be recommended by the Lead Range Officer, Training Offidgttaynd 1pprov6'Ay the
Chief of Police or designee. The written approval shall spec7*—_Whitl` firearms the
armorer is authorized to maintain and repair. n-e 11
M
Firearms - For the purposes of this policy firearms means ha rr s,ghotge�Tj and
rifles. It excludes less lethal shotguns and 37mm munitions. Fotese°k?ee GO 17-06
titled Less Lethal Weapons. >1 r%)
cn
Departmental issued handgun - Handguns issued to the officer by the department and
which the officer shall carry when on duty. Any exceptions require the approval of the
Chief of Police or designee.
Department issued shotgun - Shotguns provided by the department for deployment in
tactical situations.
Department issued semi -automatic rifle - Rifles provided by the department for
deployment in tactical situations for unconventional situations where the police may
face heavily armed and/or ballistically protected suspects. These rifles are a tool to
allow the potential resolution of these incidents by providing a tactical advantage not
available with more conventional police firearms.
2
Long -gun - Any firearm other than a handgun. Includes all shotguns and rifles regardless
of application.
Patrol Rifle Operator (PRO) - A specially selected and trained officer of the patrol
division issued a department rifle; or an officer selected and trained to carry a
personally owned rifle approved by the department. Operators are selected based on
guidelines established by the Commander of Field Operations.
Subject - The person who is the focus of the police operation.
Official color of duty - Any action taken by a sworn officer whether on or off duty
pursuant to his/her status or authority as a police officer and within the scope of their
duties.
Personally owned firearms - Any firearm not purchased and owned by the
department. Personally owned firearms shall not be worn or carried on duty as a
primary weapon.
Off -Duty Weapons— Any firearm that is not registered with the department as a backup
weapon and is carried solely in an off -duty capacity. Off -duty firearms are not regulated
by the department and shall not contain/use department duty issued ammunition.
IV. PROCEDURES
A. General Requirements
1. All on -duty sworn personnel, whether in uniform or non -uniform, shall be
armed with a departmentally issued duty handgun. r ,
a. Exceptions o
i. Officers operating in a status where posses ckn of
firearm would endanger the officer or the o73e"tidn in - -
which they are participating. ro
ii. Where there is a need to or requirement thatRiccu,
secure their weapon prior to entering a sec Cara I.e.;
courtroom, correctional facilities or psychia,ric win�of
hospitals. Cn
iii. Officers with non -uniform administrative assignments
while performing that assignment.
iv. Officers on "light duty" will carry weapons based on
limitations as provided by a physician.
2. Prior to initial issuance or carry while on duty, all firearms shall be
reviewed, inspected and approved by a range instructor or
armorer. On an on -going basis, qualified instructors or armorers shall
conduct inspections of all firearms that are being carried by members.
3
The date of the inspection and name of the inspector shall be recorded
and forwarded to the Lead Range Officer, Training Officer and/or SRT
supervisor, as appropriate. If a firearm is determined to be
unsafe, the instructor or armorer shall remove it from use pending repair,
record the malfunction, cause repair to be made, and provide a
replacement to the employee as soon as practical if it is a department
issued firearm.
3. Non -uniformed on -duty officers carrying a handgun in an unconcealed
manner must be readily identifiable as a police officer by wearing their
badge adjacent to the weapon.
4. Whether on or off -duty, officers shall carry their police identification
while armed with a department issued firearm.
a. Exceptions
i. When participating in recreational shooting events.
ii. When the possession of police identification would
endanger the officer, or operation in which he/she is
participating.
Hi. When in the department issued uniform, the uniform may
serve as police identification.
S. The carrying of a handgun while off -duty shall be at.the dis�getion of the
officer. If the officer elects to carry off -duty with p.,; d-@pa tFnent issued
handgun or a department approved backup handgu�tj*t tF offi�nas
qualified with and carrying under the premise professional
authorization to carry, it shall be concealed from prtf51vw An offrcer
((_;
carrying a personally owned weapon off -duty uraF—th ren{ii of
their non-professional permit is not required; to rry police
identification. An officer electing not to carry a handgun while off -duty
shall not be subject to disciplinary action if an occasion should arise in
which they could have taken police action were they armed.
6. Officers may carry a personal backup handgun while on duty provided
the following requirements are met:
a. The weapon meets the specifications for approved backup carry.
b. The officer shall qualify with the weapon on at least an annual
basis.
C. The officer's Watch Commander shall be advised of the make,
model and serial number of the approved weapon.
d. On an annual basis the weapon shall be inspected by a
departmental armorer or firearm instructor.
e. The weapon shall not be carried as the officer's primary weapon.
4
f. The weapon shall not be modified after it has been approved
without notification and approval of the Lead Range Instructor.
g. If the weapon is discharged in the line of duty it shall be
immediately surrendered to the on -duty watch supervisor.
h. The officer recognizes that the Department or City of Iowa City
will in no way be liable for the damage, theft or loss of the
personal weapon.
i. The weapon shall only be loaded with ammunition approved by
the commanding officer field operations when carried on duty.
7. All sworn officers shall be armed with a Department approved handgun
while operating any marked police vehicle.
8. Department issued firearms shall only be used for departmental duties.
9. All officers must meet approved levels of proficiency in firearms
qualification training as set forth by the Range Officer and approved by
the Chief of Police.
10. While on -duty, officers shall carry their handgun(s) fully loaded. (Le. full
chamber and magazines for semi -auto handguns and full cylinder for
revolvers.) Department issued handguns will be carried only in a
department issued holster unless the officer has received permission
from a member of Command Staff to use another holster apt ved by
the lead firearms instructor. Personally owned handguns wife carried
in a holster approved by the Lead Firearms Instructor
11. While on duty shotguns will be carried with the maga! fully
the chamber empty, and safety on unless being used by e o cer. ,.,
Shotguns shall be stored in the appropriate locking raq sgiRd car
Officers shall, as soon as practical, notify a supervisor,'df any g�otgun
deployment (i.e. removal from vehicle at a call -for service).
12. While on duty rifles that carry 30 round magazines shall only be loaded
with 28 rounds. Rifles that carry 20 round magazines shall be fully loaded.
While on duty all rifles will be carried with one magazine inserted in the
rifle, the chamber empty, and safety on unless being used bythe officer.
All rifles are to be stored in the trunk of the assigned officer's patrol car
during his/her duty unless the vehicle is equipped with an appropriate
rack. Officers shall, as soon as practical, notify a supervisor of any rifle
deployment (i.e. removal from vehicle at a call -for service). Department
issued rifles are to be secured in the officer's locker at the end of tour.
No rifles shall be left in fleet vehicles at the end of an officer's tour
of duty.
13. Only magazines authorized by the department may be used in a firearm
and they shall not be modified from their original manufacture.
Magazines for all firearms used while on duty will be inspected on an
annual basis by a department armorer.
14. Officers are responsible for the safekeeping and security of all
department authorized firearms in their custody.
15. When loading or unloading a firearm in the Police Department or Sub -
Station, the unloading / loading shall occur using the bullet trap provided
by the department.
16. All firearms shall be stored, handled, and / or maintained in such a
manner as to prevent the firearm from an unintended discharge.
17. Off -duty Patrol Rifle Operators may only remove agency issued rifles
from the Department premises for practice purposes. All department
authorized weapons shall be stored consistent with Iowa Code Chapter
724.22 (7):
a. It shall be unlawful for any person to store or leave a loaded
firearm which is not secured by a trigger IIgck.,mechanism, placed
in a securely locked box or container, or placed in som` ther
location which a reasonable person would believe to b ecure
from a minor under the age of fourteen years, itrh A5on
knows or has reason to believe that a minor und'6alhe q0 of
fourteen years is likely to gain access to the fire
arrit t the,.
lawful permission of the minor's parent, guardiarGcper n
having charge of the minor, the minor lawfully gccM to to
firearm without the consent of the minor's parent; guardian, or
person having charge of the minor, and the minor exhibitghe
firearm in a public place in an unlawful manner, or uses the
firearm unlawfully to cause injury or death to a person. This
subsection does not apply if the minor obtains the firearm as a
result of an unlawful entry by any person. A violation of this
subsection is punishable as a serious misdemeanor.
18. Officers shall not carry any firearm under the following circumstances:
a. The officer is on suspension or is directed not to do so by the
Chief of Police.
b. The officer has not successfully met proficiency and qualification
levels as set forth by the Department.
C. While under the influence of alcoholic beverages or medications
that impair physical or mental ability.
19. 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 the all of the following criteria:
a. 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.
20. The Captain of Administrative Services shall maintain a file on each
firearm that is authorized for use in an official capacity
containing the following:
a. Date the firearm was authorized for use in an official capacity.
b. Excluding routine cleaning, a log of all maintenance, repairs, or
alterations completed on the firearm.
C. Member using the firearm.
d. In the case of shotguns -what car it is assigned t-a. C_
21. Firearms shall not be modified after it has been approv'2d with t
notification and approval of the Lead Range Instructor...<r` -0
corn
22. If a firearm is discharged in the line of duty it shall be irFt&e'diate?y
surrendered to the on -duty watch supervisor. If the firearm wa�y7issued
by the department the surrendering officer shall be given a replacement
as soon as possible.
23. 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.
B. Display of Firearms
Except for general maintenance, supervisory inspections, storage or
authorized training, officers shall not draw or exhibit firearms unless
circumstances create a reasonable suspicion that it may be necessary to
lawfully use the weapon in conformance with departmental directives.
2. Unless specifically designed to be carried in this fashion, at no time shall a
firearm be carried or placed in a cocked condition, except for a second or
subsequent shot of a semi -auto firearm.
3. Department owned firearms shall not be carried or utilized for any non -
law enforcement activity without the express written permission of the
Chief of Police or designee.
4. No officer shall display or provide any weapon to a citizen to inspect,
examine or otherwise handle unless authorized by the Chief of Police or
designee.
C. Authorized Handguns
1. On -duty handgun, uniform duty
a. An approved on -duty handgun for uniform duty is any
department issued handgun as approved by the Chief of Police.
b. Specifications
i. Handguns must be double -action oril�or de' 0
_71
cock only models. Single-action harrows not
authorized. C iea y
ii. Minimum trigger pull weight: Factory-tge`r pull E t
not less than five (5) pounds._
iii. Barrel length: not less than 3.5 inchrsyrad nM morol 6
inches. r,
iv. Ammunition capacity: six (6) rounds minimu`rR.
C. Current approved uniform on -duty handguns
i. 40 caliber GLOCK model 22
ii. 9mm caliber GLOCK model 17-on an individual basis with
approval of the chief of police
2. On -duty handgun, non -uniform duty
a. An approved on -duty handgun for non -uniform duty is any
department issued or personally owned departmentally approved
handgun.
b. Specifications
8
i. Handguns must be double -action only or
de -cock only models. Single action handguns are not
authorized.
ii. Minimum trigger pull weight: Factory trigger pull weight
not less than five (5) pounds.
iii. Barrel length: not less than 3 inches and not more than 6
inches.
iv. Ammunition capacity: six round minimum.
C. Current approved non -uniform duty handguns
i. 40 caliber GLOCK model 22
40 caliber GLOCK model 23
9mm caliber GLOCK model 17-on an individual basis with
approval of the chief of police
3. Authorized Personally Owned Backup Handguns
a. An approved backup handgun is any department issued
handgun or personally owned handgun meeting the following
requirements.
Criteria for personally owned, backup handguns
a. .380 ACP or larger
b. .45 ACP or smaller
C. Annually inspected by a departmental apen orer or
firearms instructor.
xD
Revolvers must be double action. Single 'ionnly
revolvers are prohibited. Semi -automata shahP6e carried
according to manufacturer specificatiorts'e.,Pemi*-autos
which are carried with the hammer in thet'ar"d
position shall be "cocked and locked" (h'5mmer bZck and
safety on) and carried in an approved holster. W
Holsters shall be approved by the Lead Range Officer or
Chief of Police.
iii. Minimum trigger pull weight: Factory pull weight not less
than five (5) pounds.
iv. Ammunition Capacity: five (5) round minimum.
V. The handgun shall be concealed (This does not include
transportation of the weapon to and from the officer's
residence and the PD) and carried in a secure and safe
manner.
vi. Backup weapons may be worn while attending court
(with judge's approval) if the officer is in plain clothes and
has police identification adjacent to where the weapon is
located.
b. Current authorized backup handguns
i. Smith and Wesson: Models Body Guard, 442 and 642
ii. Glock: Models 17, 19, 22, 23, 26, 27, and 43
iii. Springfield: Model XD9
iv. Ruger: Model LCP
D. Authorized Shotguns
1. Patrol
a. The department shall provide a shotgun for each marked squad -
car.
b. An approved patrol shotgun is any department issued shotgun
meeting the following requirements:
i. Gauge: 12 gauge
ii. Barrel length: Minimum 14"
iii. Action: pump or semi -automatic
iv. 2.75"-3" magnum capability
V. Minimum 4 shot chamber
Ma
C. Current authorized shotguns for patrol x
i. Remington: 87012 gauge pump actionTc'
ii. Benelli M412 gauge semi -automatic n-<
=4c.a
2. Special Response Team (SRT) m
rU
a. The department shall provide a limited numberarf shotguns for use
by the special response team. cn
b. An approved special response team shotgun is any department
issued shotgun meeting the following requirements:
i. Gauge: 12 gauge
ii. Barrel length: Minimum 14"
iii. Action: pump or semi -automatic
iv. 2.75"-3" magnum capability
V. Minimum 4 shot chamber
C. Current authorized shotguns for the special response team
i. Benelli M4 12 gauge semi -automatic
10
ii. Remington 870 Magnum Breaching Shotgun
3. Authorized Personally Owned Shotguns
a. The Iowa City Police Department may allow individual officers to
purchase and carry their own shotguns, on duty, pursuant to this
order.
i. Qualifications for Individually Owned Patrol Rifles
a) The officer must have successfully completed
his/her probationary period.
b) The officer must submit a request to the
Commander of Field Operations via the Chain of
Command.
c) The officer's immediate supervisor and the
Commander of Field Operations must approve the
officer and weapon before a personally owned rifle
can be used on duty.
d) The rifle shall be inspected by the department's
Lead Range Officer.
b. An approved personally owned shotgun is any rifle meeting the
following requirements:
ra
i. Gauge: 12 gauge
ii. Barrel length: Minimum 14",� ^x
iii. Action: pump or semi -automatic
iv. 2.75"-3" magnum capability c? r")
V. Minimum 4 shot chamber
t �t
C. Current authorized shotguns for the special respii5e tes)�
I. Benelli M4 12 gauge semi -automatic
ii. Remington 870 Magnum Breaching Shotgun
d. The owner of any shotgun(s) approved pursuant to this policy; is
responsible for all expenses related to the care, repair and
maintenance of the weapon unless otherwise approved by the
Commander of Field Operations.
E. Authorized Rifles
1. Patrol
11
a. The department shall provide a limited number of rifles for use by
patrol.
b. An approved department issued patrol rifle is any rifle meeting the
following requirements:
i. minimum 10" barrel maximum 20"
a. A barrel under 16" must be properly registered
with the ATF.
ii. Gas operated semi -automatic action
iii. .223 caliber
iv. 30 round capacity box magazine
V. fixed or collapsible stock
vi. Approved tactical sling
vii. Attached light with illumination of at least 65 lumens.
viii. Fixed or flip -up iron sights
a) An optical sighting device may be used.
ix. Appropriate protective case.
C. Current authorized department issued rifles for patrol
i. Rock River Arms Model: LAR15
d. To the extent practical, each Watch Commander will have assigned
to their watch four (4) Patrol Rifle Operators. If an officer is a
designated PRO and desires to transfer to another watch, t+k t officer
may be removed from the Patrol Rifle program anc&Il SrifL�!- _
surrendered to the Watch Commander. The Watch'Edl)irrjpder shrail
secure the weapon and may designate another of,;I as a%PRO. TTMe
newly appointed PRO shall have completed the mrgrr rum ourse`f r
Patrol Rifle Operators and supply qualifying range >K s d sight r
confirmation records to the Training and Accredit iort Sea;eant
2. Authorized Personally Owned Rifles (n
a. The Iowa City Police Department may allow individual officers to
purchase and carry their own patrol rifles, on duty, pursuant to this
order.
Qualifications for Individually Owned Patrol Rifles
a) The officer must have successfully completed
his/her probationary period.
b) The officer must submit a request to the
Commander of Field Operations via the Chain of
Command.
12
c) The officer's immediate supervisor and the
Commander of Field Operations must approve the
officer and weapon before a personally owned rifle
can be used on duty.
d) The rifle shall be inspected by the department's
Lead Range Officer.
b. An approved personally owned patrol rifle is any rifle meeting the
following requirements:
i. minimum 10" barrel maximum 20"
a. A barrel under 16" must be properly
registered with the ATF
ii. gas operated semi -automatic action
iii. .223 caliber
iv. 30 round capacity box magazine
V. fixed or collapsible stock
vi. Approved tactical sling
vii. Attached light with illumination of at least 65lumens.
viii. Fixed or flip -up iron sights
a. An optical sighting device may be used.
ix. Appropriate protective case
ha
Current authorized personally owned rifles for.patrolg
i. Rock River Arms, Model: LAR15
°—a
r—
ii. Bravo Company, Model: BCM4�
iii. Colt, Model: 6720
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iv. Springfield, Model: Saint
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v. Knight's Amarment, Model: SR15
vi. Sig Sauer, Model; MCX-P
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U1
vii. LMT. Model: Defender
viii. Stag Arms, Model: AR15
The owner of any rifle(s) approved pursuant to this policy; is
responsible for all expenses related to the care, repair and
maintenance of the weapon unless otherwise approved by the
Commander of Field Operations.
13
3. Special Response Team (SRT)
a. The department shall provide a limited number of rifles for use by
SRT.
b. An approved department issued SRT rifle is any rifle meeting the
following requirements:
i. minimum 10" barrel
ii. Gas operated semi -automatic action
iii. .223 caliber
iv. 30 round capacity box magazine
V. fixed or collapsible stock
vi. Approved tactical sling
vii. Attached light with illumination of at least 65 lumens.
viii. Fixed or flip -up iron sights
a) An optical sighting device may be used.
ix. Appropriate protective case.
C. Current authorized department issued rifles for SRT "
i. Rock River Arms, Model: LAR-15 yc-
r
d. Trained SRT members may carry their assigned sder weap
while on duty and on their patrol watch. SRT me'' s c rying_-
their assigned weapon must follow the guidelin vi€ted in teas
policy.
F. Authorized Ammunition
1. Department issued firearms must carry ammunition issued bythe
department. Personally owned backup handguns must carry department
approved ammunition. Rifles shall only be deployed with .223
ammunition approved and supplied by the department. Ammunition
shall not be modified in any way.
2. The Lead Range Officer shall be responsible for issuing all duty and
training ammunition for all officers of the Department.
a. All ammunition shall be produced by a major commercial
manufacturer of such product.
14
b. All issued duty ammunition shall be rotated at least on an annual
basis.
C. All issued duty and training ammunition shall be approved by the
Chief of Police or designee.
d. All ammunition carried in a department approved, personally
owned backup firearm shall be approved by the Chief of Police
or designee.
e. The table below lists all authorized ammunition information types:
Handgun
Shotgun
Rifle
380 caliber Speer Gold Dot 90 GR HP
12 Ga Buckshot
Federal .168 grain Bonded SP
.38 special
12 Ga Slug
Federal .165 grain Sierra Match King BTHP
.357 caliber
Royal Arms Tactical
Entry Avon Rounds- SRT
only
Speer LE Golddot 64grain GDSP
9 mm
Federal 2.75 00
buckshot-9 pellet
Federal Match168 GR, Boat Tail H
.40 caliber
Federal Tactical 9 pellet
Hornady Critical Duty FlexLock 40 caliber
175 grain
Federal 2.75 lounce
rifled slugs
,, U0
IE'
.45 caliber
Speer Gold Dot 125 GR HP
k
Speer Gold Dot 125 GR GDHP
-0 `!
Speer Gold Dot 147 GR
31Z
Speer Gold Dot 180 GR
Speer Gold Dot 230 GR
N,
Federal Tactical Bonded 165 GR
`j,
Federal Tactical
Federal HST
Magtech 7, 45
Remington Ultra Defense
Remington Gold Saber
G. Firearms Records
1. The captain of administrative services shall record the following
information and forward it to the Lead Range Officer:
a. Initial date of service
b. Description
C. Manufacturer and Caliber
15
H.
d. Serial number
e. Repair, service and modification history
2. The Lead Range Officer shall maintain a record for each firearm approved
by the Department for use under official color of duty, and shall, at a
minimum include the aforementioned information.
3. A copy of the firearm record shall be provided to the Commander of Field
Operations and be entered in the Departments records management
system.
Firearms Modifications and Repairs
1. All department issued and department approved personally owned
firearms shall not be modified from the manufacturer's specifications,
except under the following circumstances:
a. All modifications or repairs shall be conducted by the a
manufacturer, manufacturer authorized service center, or
department approved armorer.
Exception: Officers may personally install a slip-on grip on their
department issued or personally owned handgun. All other grip
changes or modifications shall be conducted per section*nPove.
b. The Lead Range Officer shall be notified iwr Writi�97 of 411
modifications or repairs and shall enter the fYicf"�ificikjons fore
repairs in the Departments record manageVQQnt ` ysteta;w
Documentation shall be kept on file with the Lead,�ge afficerR
GD J
Firearms Maintenance = h
ts^
1. Officers shall maintain all firearms issued to them, or approved for
use by the Department, in proper working order. Officers shall
not disassemble any department issued firearm beyond field stripping, as
per the manufacturer recommendations for proper maintenance and
cleaning. All other disassembly shall be conducted by the manufacturer,
manufacturer authorized center, or department approved armorer,
2. Each repair or service transaction shall be documented and
recorded as required in the section above.
J. Firearm Proficiency, Training and Testing
Courses of fire and tests designed to require the officer demonstrate
accuracy, safety, functionality and maintenance of the firearms the
officer carries or uses and knowledge of laws and departmental
16
regulations concerning the use of force and weapons shall be required on
an annual basis.
1. All persons utilizing range facilities shall follow the direction of the Lead
Range Officer/Range Instructor at all times.
2. Courses of fire will be designed by firearms training personnel to include
scores, target types, timing distance and practical conditions that meet
the needs of the department.
3. Scores will be documented as either pass/fail, or in annual firearms
qualification courses, as a numerical score with a minimum of 80%
required to pass and qualify.
4. Proficiency tests will include demonstrated ability of the officer to
accomplish the following: drawing, holstering, clearing stoppages,
loading, unloading, and safe handling of the firearm as designated by the
training staff.
S. Target types will consist of, but not be limited to the following:
a. Paper targets with printed design to represent areas to hit and be
used in scoring accuracy.
r '+
b. Steel targets that present instant feedback to thdEofficer on
accuracy. r
G
c. Shoot/don't shoot targets that represent the neggd4lor z&fficer to
react appropriately.
6. Successful completion of a transitional training course cajt r to y the
firearms training staff is required by any officer who charjes fro
primary handgun of one design to a handgun of another design, prior to
being approved to carry the new handgun.
Annual handgun proficiency qualification requirements shall consist of
successful completion of one course consistent with ILEA for
each issued handgun and a personally owned weapon that has been
approved as a backup.
8. All officers who carry special weapons and ammunition shall
successfully complete qualification courses and training designed by the
firearms training staff and those in charge of the affected units on an
annual basis.
17
PRO Range days shall be held twice per year. PRO's must attend
one of the PRO Range days each year in addition to sight confirmation at
each Department Range day (spring and fall) in accordance with
standards established by the Department's Rifle Instructors. Officers
desiring to purchase and carry their own rifle must complete the same
training and qualification as PROS using Department owned weapons.
10. Remedial training may be required of those officers who fail to achieve
the minimum scores or at the recommendation of the lead range officer.
Remedial training will continue until the officer meets the ILEA
standard. The lead range officer will notify the Commander of Field
Operations and the Training Officer of those who cannot achieve a
passing score.
b. Failure to meet the ILEA proficiency requirements within 12
months of the last passing score will result in immediate
notification to the Commander of Field Operations and the Training
Officer and may result in temporary reassignment to administrative
duties that do not require the use of a firearm. This shay continue
until the standard is met, but will not exceed fivs) duty days
without administrative review. ='
—C. N
C. Continued failure to meet the standard may Q6U,in administrative
action being taken against the officers iy 1 1
� tv
d. Specific to PROS: during qualification, failure t0i`re a
passing score will result in a second attempt
approximately one month later. Failure to fire a passing
score at that time will result in the officer being suspended
from the rifle program for a period of not less than three
months. Upon failure to qualify on the second attempt,
the officer shall surrender the department issued rifle to
their Watch Commander. The Watch Commander may
reissue the rifle to another qualified PRO on the watch or
the Commander of Field Operations may designate a new
PRO. Upon the expiration of the 3-months, the
Commander of Field Operations shall determine if the rifle
will remain with the current PRO or revert to the original
officer.
11. The Range Officer or Lead Range Instructor conducting the firearms
training shall complete records documenting all firearms training for each
officer. These records shall be retained by the Training Unit.
18
12. All firearm instruction, training and qualification shall be provided by a
certified instructor.
13. Until the employee achieves full certification, s(he) will not be permitted
to operate the specific weapons system other than in a training
environment.
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
0
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M
r
{i9
19
INV-02.1
OFFICER INVOLVED
SHOOTINGS /
LETHAL INCIDENT
INVESTIGATIONS
Date of Issue General Order Number
August 1,2001 01-05
Effective Date Section Code
August 3, 2017 INV-02
Reevaluation Date Amends / Cancels
August 2019 I Re -Issue
C.A.L.E.A. Reference
1.3.5, 1.3.8, 11.4.5, 22.2.3, 22.2.4
INDEX AS:
Use of Force Deadly Force
Shootings Internal Affairs
r
I. PURPOSE C�
It is the purposed of this policy to provide guidelines for the invest tgatron 9,f off r-
involved shootings or incidents resulting in the death or serious injury o rsoh possibly
resulting from police actions. -^ co
II. POLICY
It is the policy of the Iowa City Police Department that officer -involved shooting incidents
and incidents resulting in serious injury or death be investigated with the utmost
thoroughness, professionalism and impartiality to determine if officer actions conform
with the law and departmental guidelines and directives. Further, the Iowa City Police
Department will provide necessary assistance to officers involved in these type
incidents.
III. DEFINITIONS
INV-o2.2
IV. PROCEDURES
A. OFFICER ON SCENE RESPONSIBILITIES
Officers involved at the scene of a shooting or other incident resulting in
the death or serious injury of a person resulting from the actions or
involvement of a member of the Iowa City Police Department, shall take
those measures that are reasonably possible and appropriate to protect
their safety, the safety of others, and to preserve evidence essential to the
investigation of the incident. This includes but is not limited to the
following actions as appropriate:
1. Ensure that the threats to officer safety and the safety to others are
addressed.
2. Secure and separate suspects.
3. Relay information on fleeing suspects to communications and other
field units and work with them to establish a containment area.
4. Request a supervisor and additional backup, emergency medical
service and any other assistance immediately required.
5. If injured, administer emergency first aid to oneself if possible, then
administer basic medical aid to suspects and others as necessary,
pending arrival of emergency medical assistance.
6. Secure any suspect weapons as evidence. DO N,QT a,,en, reload,
remove shell casings or in any other manner �ftr tlr� weapons
involved other than taking those steps requ:fib'd° to, make the
weapon and scene safe. (After the scene is secure}
7. As time and capabilities permit before super!'fsorywand`-ether
assistance arrives:
a. Secure the area, establish a perimeter with crime scene tape and
limit access to authorized personnel necessary to investigate the
incident and assist the injured.
b. Note time, survey the entire area for relevant facts, individuals who
are present and who departs/departed the scene, witnesses,
potential suspects and suspect vehicles.
c. Protect evidence from loss, destruction or damage that is likely to
occur before backup can arrive. Ensure that evidentiary items are
not moved, note original location and position of persons, weapons,
and other relevant objects and evidence.
d. Record the names, addresses and phone number of all witnesses
and other persons present at the scene and request that they
INV-02.3
remain on hand in order to make a brief statement whether or not
they saw the incident.
B. SUPERVISORY RESPONSIBILITIES AT THE SCENE
1. Ensure the safety and determine the condition of the officer(s),
suspect(s) and third parties.
2. If the officer has been shot or otherwise injured in the incident:
a. Ensure that an officer accompanies and remains with the officer at
the hospital.
b. Ensure that the officer's family is notified on a priority basis and in
person by a Watch Commander or Supervisor when possible.
Ensure that they are assigned transportation to the hospital or other
location where they are needed as soon as possible. Watch
Supervisors should refer to the officer's Emergency Notification
form prior to making the notification.
c. Do not release the officer's name to the media or unauthorized
parities.
d. Summon Crime Scene Technicians to the scene.
e. Assign an officer to the family for security, support, control of the
press and visitors, establishment of communications and related
matters.
f. Ensure that the clothing of officers and other injured rpersons is
collected for potential evidentiary purposes and that related
equipment of the officers is safeguarded.
3. If the officer is not injured, move him/her away f6,c,;J�-„-,- the4.center of
activity accompanied by another officer. Vic=
4. Secure the officer(s) weapons as evidence. This shag be$ne in as
discreet manner as possible and away from the immediQte scene.
The weapon shall be replaced as soon as reasonably practical,
preferably immediately upon removal of the involved weapon. DO
NOT open, reload, remove shell casings or in any other manner
alter the weapons involved other than taking those steps required
to make the weapon and scene safe. (After the scene is secure)
5. Confirm that the preliminary steps in item IV -A have been
adequately addressed and, if not, take appropriate action to ensure
that necessary actions are taken.
6. Ensure that the immediate area is contained and detain any
suspects therein.
7. To the extent necessary, ensure notifications are made, to other
agency personnel, to include:
a. Lieutenants and above
b. Public Information Officer
INV-02.4
c. Medical Examiner
d. Chaplain
8. Establish a command post if necessary.
9. Appoint a recorder to make a chronological record of activities at
the scene, to include: persons present, actions taken by police
personnel and the identity of any personnel who entered the
incident/crime scene, to include emergency medical and fire
personnel.
10. Diagram the scene and photograph it as soon as possible.
11. Establish a media staging area as time permits unless the Public
Information Officer assumes this responsibility.
12. Begin the following:
a. Locate and secure -or secure in place - the officer's weapon(s) and
ammunition casings. Check the weapons of all officers present, for
discharge and secure the weapon when evidence of discharge
exists.
b. Locate the suspect's weapon(s) ammunition and expended
cartridges.
c. Collect information about the suspect, including name, physical
description, domicile and other pertinent information.
d. Locate and secure as evidence any clothing that may have been
removed from the suspect by emergency medical personnel or
others.
e. Determine the original position of the officer(s) and thq'suspect(s)
at the time of the shooting or use of force. :n
C. POST -SHOOTING TRAUMA
1. Sworn and non -sworn personnel shall be familia�'vith=and follow
the provisions established by the Iowa City Poli%e=Deortment in
post-shooting/use of deadly force emotional frduma`.1n police
personnel.
a. The Officer in Charge shall ensure that those involved in the
incident are allowed to contact family members as soon as
practical after the incident. In the event the officer is injured and
unable to contact family members, the Commanding Officer Field
Operations or designee shall ensure that immediate family
members are notified in person as soon as reasonably practical
after the incident.
b. The name of the officer(s) involved in the incident shall not be
released until authorized by the Chief of Police.
c. The Commanding Officer Field Operations or designee shall make
contact with all involved officers within 24 hours of the incident and
explain Employee Assistance Programs that are available to the
employee.
INV-02.5
d. Within 72 hours of the incident, the Commanding Officer Field
Operations or designee shall contact a traumatic stress
professional. He/she shall arrange for private appointments for the
officer(s) determined to be directly involved in the incident and as
requested, for their immediate family members.
e. Upon request, agency personnel will be provided counseling
services, for post incident stress. Counseling services will be
available for families of personnel, either through Departmentally
sponsored programs or via the City's Employee Assistance
Program.
2. All personnel should be familiar with available mental health
services and avail themselves of these services following officer -
involved shooting/use of deadly force incidents.
3. The Chief of Police shall place an employee involved in an incident
resulting in death or serious injury on administrative leave or
remove him/her from field duty consistent with the departments Use
of Force Order. Prior to returning to field duty, employees involved
in the incident shall be required undergo a fitness for duty
evaluation.
D. INVESTIGATOR'S RESPONSIBILITIES
Investigation of officer -involved shootings/use of deadly force shall be the
responsibility of the Commanding Officer Field Operations. In cases
where the force is used by the Commanding Officer Field Operations, the
investigation shall be assumed by the Chief of Police or designee. The
Commanding Officer Field Operations may appoint an Officer in Charge
(at the rank of sergeant or above) who shall be responsible for ensuring
that the following tasks are adequately addressed in the order deemed
necessary and appropriate.
1. Ensure that tasks itemized in sections IVA and IVB `af,.this policy have
been appropriately and adequately completed. Ta V4 nxeasuresn to
ensure that any deficiencies in completing taskiEF2 e L6jmediafely
c'.
remedied.
2. Receive a general briefing and walk-through by the MpervPRory officer
regarding the circumstances surrounding the shooting/use,7of deadly
force.
3. Ensure that the overall scene and evidentiary items are photographed
and videotaped. Videotape all persons present at the scene. Color
photographs of the officer as he/she appears at the scene shall be
taken, to include any injuries sustained.
INV-02.6
4. Ensure thorough inspection of the scene and proper collection of all
items and substances of evidentiary value.
5. Obtain taped statements from the suspects.
6. Ensure that notification is provided to next -of -kin of injured or
deceased suspects, preferably by someone of the rank of sergeant or
above.
7. Locate and identify witnesses and conduct initial tape-recorded
interviews.
8. Tape record interviews with fire department personnel, emergency
medical service providers and other first responders to the scene.
9. Conduct separate recorded interviews with each officer involved.
a. Conduct the interview in a private location away from sight and
hearing of others who do not have a need and a right to the
information.
b. Advise the officer(s) not to discuss the incident with anyone except
a personal attorney or attorney representing the city, union
representative, family member, health care professional, outside
agency investigator (Division of Criminal Investigation) assigned to
investigate the incident, or departmental investigator until the
conclusion of the preliminary investigation.
c. When conducting an interview be cognizant of signs of post -
traumatic stress, to include time and space distortionsconfusion,
hearing and visual distortion and emotional imparmerCincluding
shock. If these signs are present or at the request_nt thepfficer, the
investigator may defer the interview. -�
10.Take any weapon used by the officer(s) into custody�i^rd handle)if ds
evidence. The officer shall be provided a replacemeit:;weapon when
practical after collection of his/her weapon. Firearmsa'halFbe taken
from officers in a discrete manner.
11.Where an officer has died, the Officer in Charge shall ensure that
procedures established for line -of -duty deaths and death notifications
are followed.
12.Contact the medical examiner and attend the autopsy of officer and/or
suspect. Determine entrance and exit wounds, estimates of the
shooter's position, the presence of controlled substances in the
decedent's blood, or other related evidence.
13.Obtain search warrants as necessary for searches of vehicles,
containers, homes and vehicles.
INV-02.7
14.Develop a statement of preliminary basic facts for the media to be
delivered by the agency spokesperson in conformance with the
department's media policy.
15.Other investigative procedures as determined by the Officer in Charge
or Commander of Field Operations.
16.Complete a report detailing the finding of the investigation.
E. CHIEF OF POLICE c
The Chief of Police will coordinate the activities`. , Sf rO, . pond.ing
commanders.
The Chief of Police will determine the appropriate time,166ireldase ;the
names of involved parties to the media. f r
The Chief of Police or designee may request the Iowa bepart`rrient of
Criminal Investigation to conduct an independent investigation of all
incidents resulting in the death of an officer or citizen, resulting from or in
the performance of their duties.
The Chief of Police shall cause an Internal Affairs investigation to be
initiated in incidents resulting in death or serious injury of an officer or
citizen, resulting from or in the performance of the officer's duties.
The Chief of Police may require a Critical Incident Debriefing upon
completion of the investigation. The debriefing will include all officers
involved with the incident.
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
INV-02.1
OFFICER INVOLVED
SHOOTINGS 1
LETHAL INCIDENT
INVESTIGATIONS
Date of Issue General Order Number
August 1, 2001 01-05
Effective Date August 7, 2019 NVSection2 Code
Reevaluation Date Amends / Cancels `s
August 2021 Re -Issue
C.A.L.E.A. Reference
1.3.5, 1.3.8, 11.4.5, 22.2.3, 22.2.4? v>
INDEX AS:
Use of Force
Shootings
Deadly Force
Internal Affairs
kn
I. PURPOSE
It is the purposed of this policy to provide guidelines for the investigation of officer -
involved shootings or incidents resulting in the death or serious injury of person possibly
resulting from police actions.
II. POLICY
It is the policy of the Iowa City Police Department that officer -involved shooting incidents
and incidents resulting in serious injury or death be investigated with the utmost
thoroughness, professionalism and impartiality to determine if officer actions conform
with the law and departmental guidelines and directives. Further, the Iowa City Police
Department will provide necessary assistance to officers involved in these type
incidents.
III. DEFINITIONS
INV-02.2
IV. PROCEDURES
A. OFFICER ON SCENE RESPONSIBILITIES
Officers involved at the scene of a shooting or other incident resulting in
the death or serious injury of a person resulting from the actions or
involvement of a member of the Iowa City Police Department, shall take
those measures that are reasonably possible and appropriate to protect
their safety, the safety of others, and to preserve evidence essential to the
investigation of the incident. This includes but is not limited to the
following actions as appropriate:
1. Ensure that the threats to officer safety and the safety to others are
addressed.
2. Secure and separate suspects.
3. Relay information on fleeing suspects to communications and other
field units and work with them to establish a containment area.
4. Request a supervisor and additional backup, emergency medical
service and any other assistance immediately required
5. If injured, administer emergency first aid to onescltlf passible; then
administer basic medical aid to suspects and o44 a� necessary,
pending arrival of emergency medical assistance..,cc-: '
6. Secure any suspect weapons as evidence. D07O can, reload,
remove shell casings or in any other manner:''9iter td weapons
involved other than taking those steps required td"make the
weapon and scene safe. (After the scene is secure)
7. As time and capabilities permit before supervisory and other
assistance arrives:
a. Secure the area, establish a perimeter with crime scene tape and
limit access to authorized personnel necessary to investigate the
incident and assist the injured.
b. Note time, survey the entire area for relevant facts, individuals who
are present and who departs/departed the scene, witnesses,
potential suspects and suspect vehicles.
c. Protect evidence from loss, destruction or damage that is likely to
occur before backup can arrive. Ensure that evidentiary items are
not moved, note original location and position of persons, weapons,
and other relevant objects and evidence.
d. Record the names, addresses and phone number of all witnesses
and other persons present at the scene and request that they
INV-02.3
remain on hand in order to make a brief statement whether or not
they saw the incident.
B. SUPERVISORY RESPONSIBILITIES AT THE SCENE
1. Ensure the safety and determine the condition of the officer(s),
suspect(s) and third parties.
2. If the officer has been shot or otherwise injured in the incident:
a. Ensure that an officer accompanies and remains with the officer at
the hospital.
b. Ensure that the officer's family is notified on a priority basis and in
person by a Watch Commander or Supervisor when possible.
Ensure that they are assigned transportation to the hospital or other
location where they are needed as soon as possible. Watch
Supervisors should refer to the officer's Emergency Notification
form prior to making the notification.
c. Do not release the officer's name to the media or unauthorized
parities.
d. Summon Crime Scene Technicians to the scene.
e. Assign an officer to the family for security, support, control of the
press and visitors, establishment of communications and related
matters.
f. Ensure that the clothing of officers and other injured persons is
collected for potential evidentiary purposes and that related
equipment of the officers is safeguarded.
3. If the officer is not injured, move him/her away from,the center -of
activity accompanied by another officer. > i
4. Secure the officer(s) weapons as evidence. This sha rbe do a irras
discreet manner as possible and away from the irriaf scene:
The weapon shall be replaced as soon as reasart ly i2actical;
preferably immediately upon removal of the involved'weapp. DO
NOT open, reload, remove shell casings or in any other manner
alter the weapons involved other than taking those steps required
to make the weapon and scene safe. (After the scene is secure)
5. Confirm that the preliminary steps in item IV -A have been
adequately addressed and, if not, take appropriate action to ensure
that necessary actions are taken.
6. Ensure that the immediate area is contained and detain any
suspects therein.
7. To the extent necessary, ensure notifications are made, to other
agency personnel, to include:
a. Lieutenants and above
b. Public Information Officer
INV-02.4
c. Medical Examiner
d. Cha lain
8. Establish a command post if necessary.
9. Appoint a recorder to make a chronological record of activities at
the scene, to include: persons present, actions taken by police
personnel and the identity of any personnel who entered the
incident/crime scene, to include emergency medical and fire
personnel.
10. Diagram the scene and photograph it as soon as possible.
11. Establish a media staging area as time permits unless the Public
Information Officer assumes this responsibility.
12. Begin the following:
a. Locate and secure -or secure in place - the officer's weapon(s) and
ammunition casings. Check the weapons of all officers present, for
discharge and secure the weapon when evidence of discharge
exists.
b. Locate the suspect's weapon(s) ammunition and expended
cartridges.
c. Collect information about the suspect, including name, physical
description, domicile and other pertinent information.
d. Locate and secure as evidence any clothing that may have been
removed from the suspect by emergency medical onnel or
others. T
e. Determine the original position of the officer(s) add-1h6suspecs)
at the time of the shooting or use of force.
C. POST -SHOOTING TRAUMA `n•
1. Sworn and non -sworn personnel shall be famili4.with aBd follow
the provisions established by the Iowa City Police Department in
post-shooting/use of deadly force emotional trauma in police
personnel.
a. The Officer in Charge shall ensure that those involved in the
incident are allowed to contact family members as soon as
practical after the incident. In the event the officer is injured and
unable to contact family members, the Commanding Officer Field
Operations or designee shall ensure that immediate family
members are notified in person as soon as reasonably practical
after the incident.
b. The name of the officer(s) involved in the incident shall not be
released until authorized by the Chief of Police.
c. The Commanding Officer Field Operations or designee shall make
contact with all involved officers within 24 hours of the incident and
INV-02.5
explain Employee Assistance Programs that are available to the
employee.
d. Within 72 hours of the incident, the Commanding Officer Field
Operations or designee shall contact a traumatic stress
professional. He/she shall arrange for private appointments for the
officer(s) determined to be directly involved in the incident and as
requested, for their immediate family members.
e. Upon request, agency personnel will be provided counseling
services, for post incident stress. Counseling services will be
available for families of personnel, either through Departmentally
sponsored programs or via the City's Employee Assistance
Program.
2. All personnel should be familiar with available mental health
services and avail themselves of these services following officer -
involved shooting/use of deadly force incidents.
3. The Chief of Police shall place an employee involved in an incident
resulting in death or serious injury on administrative leave or
remove him/her from field duty consistent with the departments Use
of Force Order. Prior to returning to field duty, employees involved
in the incident shall be required undergo a fitness for duty
evaluation.
D. INVESTIGATOR'S RESPONSIBILITIES
Z.3
Investigation of officer -involved shootings/use of deadly -force sOall be the
responsibility of the Commanding Officer Field Opera"j,—s.� In cases
where the force is used by the Commanding Officer Fie- 'erations-Ae
investigation shall be assumed by the Chief of Police ayr~dpsi riee....he
CommandingOfficer Field Operations may a o g
p y appoint an er Cwt Cha_.ge
(at the rank of sergeant or above) who shall be responso'lid, fobensuring
that the following tasks are adequately addressed in th'e order deemed
necessary and appropriate. µ
1. Ensure that tasks itemized in sections IVA and IVB of this policy have
been appropriately and adequately completed. Take measures to
ensure that any deficiencies in completing tasks are immediately
remedied.
2. Receive a general briefing and walk-through by the supervisory officer
regarding the circumstances surrounding the shooting/use of deadly
force.
3. Ensure that the overall scene and evidentiary items are photographed
and videotaped. Videotape all persons present at the scene. Color
photographs of the officer as he/she appears at the scene shall be
taken, to include any injuries sustained.
INV-02.6
4. Ensure thorough inspection of the scene and proper collection of all
items and substances of evidentiary value.
5. Obtain taped statements from the suspects.
6. Ensure that notification is provided to next -of -kin of injured or
deceased suspects, preferably by someone of the rank of sergeant or
above.
7. Locate and identify witnesses and conduct initial tape-recorded
interviews.
8. Tape record interviews with fire department personnel, emergency
medical service providers and other first responders to the scene.
9. Conduct separate recorded interviews with each officer involved.
a. Conduct the interview in a private location away from sight and
hearing of others who do not have a need and a right to the
information.
b. Advise the officer(s) not to discuss the incident with anyone except
a personal attorney or attorney representing the Sity, union
representative, family member, health care professiofibl, outside
agency investigator (Division of Criminal Investition)signedto
investigate the incident, or departmental inve toatos}untrl"'the
conclusion of the preliminary investigation.
c. When conducting an interview be cognizant of7�.gigns�of I5d�st-
traumatic stress, to include time and space distoK$i r� , Enfusro,�,
hearing and visual distortion and emotional impairs i �nt, *cluding
shock. If these signs are present or at the request ti the officer, the
investigator may defer the interview.
10.Take any weapon used by the officer(s) into custody and handle it as
evidence. The officer shall be provided a replacement weapon when
practical after collection of his/her weapon. Firearms shall be taken
from officers in a discrete manner.
11. Where an officer has died, the Officer in Charge shall ensure that
procedures established for line -of -duty deaths and death notifications
are followed.
12. Contact the medical examiner and attend the autopsy of officer and/or
suspect. Determine entrance and exit wounds, estimates of the
shooter's position, the presence of controlled substances in the
decedent's blood. or other related evidence.
13.Obtain search warrants as necessary for searches of vehicles,
containers, homes and vehicles.
INV-02.7
14. Develop a statement of preliminary basic facts for the media to be
delivered by the agency spokesperson in conformance with the
department's media policy.
15.Other investigative procedures as determined by the Officer in Charge
or Commander of Field Operations.
16.Complete a report detailing the finding of the investigation.
E. CHIEF OF POLICE
The Chief of Police will coordinate the activities of responding
commanders.
The Chief of Police will determine the appropriate time to 'lease the
names of involved parties to the media. —{
The Chief of Police or designee may request the lowR'6ephrtme7nt_of
Criminal Investigation to conduct an independent ino figat gn of "i 11
incidents resulting in the death of an officer or citizen, re @ng=from prin
the performance of their duties. -^ CO
The Chief of Police shall cause an Internal Affairs investigation to be
initiated in incidents resulting in death or serious injury of an officer or
citizen, resulting from or in the performance of the officer's duties.
The Chief of Police may require a Critical Incident Debriefing upon
completion of the investigation. The debriefing will include all officers
involved with the incident.
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.
Original Date of Issue General Order Number
January 23, 2001 01-02
Effective Date of Reissue Section Code
August 7, 2019 1 OPS-18
Reevaluation Date Amends
August 2021 1 OPS-18 Previous Version
C.A.L.E.A. Reference
17.4.2, 42.2.7, 43.1.3 (see "INDEX AS:")
INDEX AS;
Informants Intelligence
Investigations
I. PURPOSE
The purpose of this order is to identify those procedures to be used in idefying, and
evaluating potential informants. In addition it identifies those proceo_�ires t!lg-�t are_to be
used when utilizing informants.
II. POLICY
It is the policy of the Iowa City Police Department to effectively 9deffsriently7itilize
police informants, to properly document their identity and activities; maintain effective
control of their funding and activities, utilize them in accordance with -the lau,`')
OPS-18.2
III. DEFINITIONS
Confidential Informant (CI) - An "independent agent" and anyone who provides
investigative information to a police officer on an on -going basis with expectations for
receiving personal benefit. The informant may or may not want his/her identity
immediately known to others in the law enforcement or general community. This person
shall satisfy department personal information requirements such as biographic and
performance information. (This does not include undercover officers or information
received from members of outside agencies/organizations)
Source - Any person who provides investigative information and may or may not expect
some benefit from such action.
Unwitting Source - A suspect or any other person involved in criminal activity who
supplies information without knowledge that they are doing so.
Control officer - A contact officer for the informant who is responsible for insuring proper
control of Ci's completion of forms relating to a Cl.
IV. PROCEDURES
A. CRITERIA TO ESTABLISH A CONFIDENTIAL INFORMANT (CI)
1. Use of an individual, as an informant shall be documented, which includes
establishing the department's expectations of the informant. The
supervisor of the control officer shall approve acceptance and use of an
informant.
2. When advising an informant of departmental expectations, the informant
shall be advised:
a. That their only purpose is to assist the department.
b. They are prohibited from engaging in any illegal activity while acting as
an informant.
c. They have no power of arrest and are not permitted to conduct
searches, or carry a weapon.;
d. They must not compromise the department's interests artff activities;
and <�
e. They must accept the measure of direction necessaGjr!to effectively
and safely utilize his/her services.
3. The control officer has the responsibility to initiate dodlimentftlon. " l is
shall be accomplished by the use of a CONFIDENTIA�FC*MAR,T`
AGREEMENT form.
4. A permanent sequential Confidential Informant Identification''Number will
be assigned by the Lieutenant of Investigations or his/her designee.
5. The informant's name should not appear outside the Confidential
Informant File. The informant shall not be referred to in future reports
except by the assigned informant number.
6. The control officer shall be responsible for completing an Informant Data
form, which contains personal information about the informant.
B. CENTRAL INFORMANT REGISTRY
1. All informant files will be secured in the office of the Street Crimes Action
Team.
2. The Informant file will be maintained with the following information:
OPS-18.3
ro
D.
a. Informant payment record
b. Current photograph;
c. Fingerprints when possible;
d. Signed Confidential Informant Agreement form.
e. Informant Data form.
f. Receipts for purchases of information and assistance.
g. Copies of statements signed by the informant.
h. Any administrative correspondence pertaining to the informant.
i. Any deactivation report or declaration of unsatisfactory behavior.
j. Criminal history.
k. Associates.
I. Personal idiosyncrasies.
3. No expense report will be approved for an informant who is not registered.
4. Each quarter the Lieutenant of Investigations shall forward a report to the
Commander of Field Operations, which includes:
a. Total number of informants.
b. Number of informants deactivated in the recent quarter and the reason.
c. All funds expended on confidential informants.
5. The Central Informant Registry shall be open to inspection by the Chief of
Police or designee, and/or the Commander of Field Operations.
6. Sworn personnel may review an individual's informant file upon approval
of the Lieutenant of Investigations. The requesting officer shall submit a
written request explaining the need for review. A copy of the request for
review shall be maintained in the Ci's file.
CENTRAL INFORMANT REGISTRY SECURITY
1. The Lieutenant of Investigations shall be responsible for the security of all
files in the Central Informant Registry. These files shall be kept in a
separate and secure storage facility segregated from other files.
2. When unattended, the storage facility shall be kept locked.
3. Access to files shall be limited to those employees having a legitimate
need, as determined by the Lieutenant of Investigations or Commander of
Field Operations.
4. An informant file shall not leave the Street Crimes ActioftTeagfoffice
without the commander's approval or the approval of tlj6t9rrfander of
Field Operations. n-<
5. A sign -out log shall be maintained indicating the date, on e; informant,,
number, time in and out, and the signature of the persF viewing thb#ile.
CONTACTING AND USE OF INFORMANTS } ;„
1. Investigators shall make reasonable efforts to independently corroborate
information to ensure that the informant/source is not required` o, testify in
court; however, the informant/source shall be informed that the necessity
of in court testimony is a possibility.
2. Investigators shall meet with informants/sources in places, which do not
expose the informant/source to being recognized.
3. When contacting an informant/source of the opposite sex, a second officer
should be present.
4. It shall be the responsibility of the control officer to control the
informant/source.
10I��iFi�!
Individuals currently subject to the custody of the Department of
Corrections, (on Probation or Parole) should not be used as informants
except under the following conditions:
a. The investigating officer has contacted and received written consent
from the person parole or probation officer to allow the Cl to participate
in the investigation. and
b. The CI's criminal history and the written consent form shall be included
in the CI's file.
6. Informants will be arrested if found engaging in illegal activity.
7. Informants will not take, nor will the department condone, any actions that
would constitute entrapment.
8. All relationships with informants shall be on a professional basis.
Personal relationships with informants are prohibited.
9. All interviews with confidential informants will be audio recorded and the
recordings maintained in their CI file.
E. FINANCIAL TRANSACTIONS WITH INFORMANTS AND SOURCES
1. Limited funds are available to conduct financial transactions with
confidential informants and sources.
2. All monies provided to confidential informants shall be documented.
3. The money shall be obtained from the Commander of Field Operations.
4. These funds shall be maintained and accounted for by the Lieutenant of
Investigations.
5. On an annual basis, the Commander of Administrative Services, _
— shall audit the funds.
6. When paying an informant/source in cash, a second officer should
observe the transaction.
7. Payment for information or services provided by the informant/source shall
be documented on a Receipt of Confidential Funds form.
a. Once completed the form shall not be altered. --
b. The receipt of confidential funds form shall be forwar(O'l to tfae
Lieutenant of Investigations and included in the qua64rfy re'ii-
c. The Receipt of Confidential Funds form shall contain-t �104wing —'
1) A description of the information/evidence received<r'
2) The amount of the payment.a =
3) The signature of the informant receiving the funds. "?
4) The signature of the officer making the payment. `?
5) The signature of the officer witnessing the payment.
8. Payment of informants and sources are made in connection with
anticipated results and expected outcome from the information received.
9. Informant funds may be used for information and introduction or recovery
of evidence.
10. When supervisors are determining authorization for payment, they shall
consider the following:
a. How critical is the information to the case?
b. Nature of the information.
c. Motivation of the informant.
d. Is the information verifiable?
e. Cultivation of the informant.
f. Reliability of the evidence and/or informant.
F
C
g. How timely is the information?
h. Is information pertinent to case goals?
i. Investigator's rationale.
11. Supervisors should always be aware that overpayment or continued high
payments may result in the informant having motivation to manufacturing
information or obtain it illegally.
12. Payment Authorization Guidelines (per incident)
a. Up to $500 - Lieutenant of Investigations.
b. Up to $1000 - Commander of Field Operations or Administrative
Services.
c. Above $1000 - Chief of Police or designee.
13. When using confidential funds which are provided pursuant to an
agreement between the Iowa City Police Department and a State or
Federal agency, the agreement's requirements for receipt of these funds
shall be followed. When in conflict with departmental policy, a decision
shall be made by the Commander of Field Operations.
JUVENILE INFORMANTS
While the Iowa City Police Department prefers not to use juveniles as
informants, it is recognized that there are circumstances, where they may be
the best or only source of information. Therefore, juveniles may be used as
informants pursuant to the following guidelines.
1. The juvenile and a parent or guardian must meet with the control officer.
2. The juvenile informant and a parent or guardian must read and sign the
Confidential Informant Agreement form.
3. A parental consent form allowing the juvenile to assist in a criminal
investigation shall be read and signed by the parent or guardian of the
juvenile informant.
4. All forms, agreements and information related to a particular juvenile
informant shall be kept in a secured file as outlined in IV. 3 and,
maintained separately from adult informant files. r>
5. All other informant guidelines remain in effect.
DEACTIVATING AN INFORMANT
1. In the event that the continued use of an informant would. rave
detrimental to the goals of the Iowa City Police Departm Zr th-d safety of
its officers, if the informant has proven to be unreliable, o1:..te inormant s
was activated on a particular case and it has been adjud`��' d, tAe
informant will be deactivated. The deactivation will be commun�%cated to?
the informant and the date and time documented on the confidential
informant status report.
2. Deactivation may be accomplished by an officer completing a Confidential
Informant Status Report noting the reasons why an informant should be
deactivated.
3. Upon approval of the Lieutenant of Investigations, the informant's
assigned informant number and corresponding file will be marked
"DEACTIVATED". An unreliable informant's file will be classified as
deactivated.
4. A deactivated informant file will be maintained in the confidential record
file; however the informant will not be utilized as an informant without
approval by a supervisor and appropriate corroboration of all information.
101 ^.
H. EXCEPTION — MULTIAGENCY TASK FORCE
If an ICPD officer is assigned to a multiagency task force that has standard
operating procedures in place regarding confidential informants, that officer
will follow those procedures (e.g.: the Johnson County Drug Task Force
currently utilizes procedures adopted from the Iowa Division of Narcotics
Enforcement). If the task force does not have standard operating procedures
in place regarding confidential informants, the officer will adhere to the ICPD
procedures.
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.
���
ca
REDLINE VERSION
Red highlights are deletions
Green highlights are additions
OPS-18.1
INFORMANTS
Original Date of Issue General Order Number
January 23, 2001 1 01-02
Effective Date of Reissue Section Code
August 7, 2019 OPS-18
Reevaluation Date Amends
August 2021 OPS-18 Previous Version
C.A.L. E.A. Reference
17A.2, 42.2.7, 43.1.3 (see "INDEX AS:") r ,
INDEX AS: ra
Informants Intelligence
Investigations
�a
I. PURPOSE cs
The purpose of this order is to identify those procedures to be used irviident�ying, and
evaluating potential informants. In addition it identifies those procedures th9f'are to be
used when utilizing informants.
II. POLICY
It is the policy of the Iowa City Police Department to effectively and efficiently utilize
police informants, to properly document their identity and activities, maintain effective
control of their funding and activities, utilize them in accordance with the law.
OPS-18.2
III. DEFINITIONS
Confidential Informant (CI) - An "independent agent" and anyone who provides
investigative information to a police officer on an on -going basis with expectations for
receiving personal benefit. The informant may or may not want his/her identity
immediately known to others in the law enforcement or general community. This person
shall satisfy department personal information requirements such as biographic and
performance information. (This does not include undercover officers or information
received from members of outside agencies/organizations)
Source - Any person who provides investigative information and may or may not expect
some benefit from such action.
Unwitting Source - A suspect or any other person involved in criminal activity who
supplies information without knowledge that they are doing so.
Control officer - A contact officer for the informant who is responsible for insuring proper
control of Ci's completion of forms relating to a Cl.
IV. PROCEDURES;
A. CRITERIA TO ESTABLISH A CONFIDENTIAL INFORMANT (CHI
1. Use of an individual, as an informant shall be documented; w*h includes
establishing the department's expectations of the infon aut. Ue
supervisor of the control officer shall approve acceptan`m' cand-dse of -axe
informant. _<r -�_
2. When advising an informant of departmental expectatio"eformant
shall be advised:
a. That their only purpose is to assist the department. ^
b. They are prohibited from engaging in any illegal activity while acting as
an informant.
c. They have no power of arrest and are not permitted to conduct
searches, or carry a weapon.
d. They must not compromise the department's interests and activities;
and
e. They must accept the measure of direction necessary to effectively
and safely utilize his/her services.
3. The control officer has the responsibility to initiate documentation. This
shall be accomplished by the use of a CONFIDENTIAL INFORMANT
AGREEMENT form.
4. A permanent sequential Confidential Informant Identification Number will
be assigned by the Lieutenant of Investigations or his/her designee.
5. The informant's name should not appear outside the Confidential
Informant File. The informant shall not be referred to in future reports
except by the assigned informant number.
6. The control officer shall be responsible for completing an Informant Data
form, which contains personal information about the informant.
B. CENTRAL INFORMANT REGISTRY
1. All informant files will be secured in the office of the Street Crimes Action
Team.
2. The Informant file will be maintained with the following information:
a. Informant payment record
b. Current photograph;
c. Fingerprints when possible;
d. Signed Confidential Informant Agreement form.
e. Informant Data form.
f. Receipts for purchases of information and assistance.
g. Copies of statements signed by the informant.
h. Any administrative correspondence pertaining to the informant.
i. Any deactivation report or declaration of unsatisfactory behavior.
j. Criminal history.
k. Associates.
I. Personal idiosyncrasies.
3. No expense report will be approved for an informant who is not registered.
4. Each quarter the Lieutenant of Investigations shall forward a report to the
Commander of Field Operations, which includes:
a. Total number of informants.
b. Number of informants deactivated in the recent quarter and the reason.
c. All funds expended on confidential informants.
5. The Central Informant Registry shall be open to inspection by the Chief of
Police or designee, and/or the Commander of Field Operations.
6. Sworn personnel may review an individual's informant file upon approval
of the Lieutenant of Investigations. The requesting officer shall submit a
written request explaining the need for review. A copy of the request for
review shall be maintained in the Ci's file.
C. CENTRAL INFORMANT REGISTRY SECURITY
1. The Lieutenant of Investigations shall be responsible for the security of all
files in the Central Informant Registry. These files shall be kept in a
separate and secure storage facility segregated from other films.
2. When unattended, the storage facility shall be kept locked.
3. Access to files shall be limited to those employees hav )Ig°-a legitimate
need, as determined by the Lieutenant of Investigation§'or-iCcfmmander of
Field Operations.
4. An informant file shall not leave the Street Crimes Acti agNoffice "'
without the commander's approval or the approval of the;Corrirr ander-of
Field Operations.'?
5. A sign -out log shall be maintained indicating the date, time, inf(Okmant
number, time in and out, and the signature of the person reviewing the file.
D. CONTACTING AND USE OF INFORMANTS
1. Investigators shall make reasonable efforts to independently corroborate
information to ensure that the informant/source is not required to testify in
court; however, the informant/source shall be informed that the necessity
of in court testimony is a possibility.
2. Investigators shall meet with informants/sources in places, which do not
expose the informant/source to being recognized.
3. When contacting an informant/source of the opposite sex, a second officer
should be present.
4. It shall be the responsibility of the control officer to control the
informant/source.
OPS-18.4
Individuals currently subject to the custody of the Department of
Corrections, (on Probation or Parole) should not be used as informants
except under the following conditions:
a. The investigating officer has contacted and received written consent
from the person parole or probation officer to allow the Cl to participate
in the investigation. and
b. The Ci's criminal history and the written consent form shall be included
in the Ci's file.
6. Informants will be arrested if found engaging in illegal activity.
7. Informants will not take, nor will the department condone, any actions that
would constitute entrapment.
8. All relationships with informants shall be on a professional basis.
Personal relationships with informants are prohibited.
9. All interviews with confidential informants will be audio recorded and the
recordings maintained in their Cl file.
E. FINANCIAL TRANSACTIONS WITH INFORMANTS AND SOURCES
1. Limited funds are available to conduct financial transactions with
confidential informants and sources.
2. All monies provided to confidential informants shall be documented.
3. The money shall be obtained from the Commander of Field Operations.
4. These funds shall be maintained and accounted for by the Lieutenant of
Investigations.
5. On an annual basis, the Commander of Administrative Services, _
- shall audit the funds.
6. When paying an informant/source in cash, a second officer should
observe the transaction.
7. Payment for information or services provided by the informant/source shall
be documented on a Receipt of Confidential Funds form.
a. Once completed the form shall not be altered.
b. The receipt of confidential funds form shall be forwarded to trfe
Lieutenant of Investigations and included in the quarted.y__rep,
'ft.
c. The Receipt of Confidential Funds form shall contain fhj Jollbwing:, .
1) A description of the information/evidence receivecln-�
2) The amount of the payment. -
3) The signature of the informant receiving the funds. �V
4) The signature of the officer making the payment. c?
5) The signature of the officer witnessing the paymenti~� a
8. Payment of informants and sources are made in connection with")
anticipated results and expected outcome from the information received.
9. Informant funds may be used for information and introduction or recovery
of evidence.
10. When supervisors are determining
consider the following:
a. How critical is the information to
b. Nature of the information.
c. Motivation of the informant.
d. Is the information verifiable?
authorization for payment, they shall
the case?
e. Cultivation of the informant.
f. Reliability of the evidence and/or informant.
r
g. How timely is the information?
h. Is information pertinent to case goals?
i. Investigator's rationale.
11. Supervisors should always be aware that overpayment or continued high
payments may result in the informant having motivation to manufacturing
information or obtain it illegally.
12. Payment Authorization Guidelines (per incident)
a. Up to $500 - Lieutenant of Investigations.
b. Up to $1000 - Commander of Field Operations or Administrative
Services.
c. Above $1000 -Chief of Police or designee.
13. When using confidential funds which are provided pursuant to an
agreement between the Iowa City Police Department and a State or
Federal agency, the agreement's requirements for receipt of these funds
shall be followed. When in conflict with departmental policy, a decision
shall be made by the Commander of Field Operations.
F. JUVENILE INFORMANTS
While the Iowa City Police Department prefers not to use juveniles as
informants, it is recognized that there are circumstances, where they may be
the best or only source of information. Therefore, juveniles may be used as
informants pursuant to the following guidelines.
1. The juvenile and a parent or guardian must meet with the control officer.
2. The juvenile informant and a parent or guardian must read and sign the
Confidential Informant Agreement form.
3. A parental consent form allowing the juvenile to assist in a criminal
investigation shall be read and signed by the parent or guardian of the
juvenile informant.
4. All forms, agreements and information related to a particular juvenile
informant shall be kept in a secured file as outlined in IV. 3 and,
maintained separately from adult informant files.
5. All other informant guidelines remain in effect.
G. DEACTIVATING AN INFORMANT
1. In the event that the continued use of an informant would}prqve5
detrimental to the goals of the Iowa City Police Departme:M-6r th,� safety -of
its officers, if the informant has proven to be unreliable, oj�p informant,,:
was activated on a particular case and it has been adjudrea1d, ', die..
informant will be deactivated. The deactivation will be co Muni�.a7ted'ta'
the informant and the date and time documented on the COnfideatial
informant status report.
2. Deactivation may be accomplished by an officer completing a Confidential
Informant Status Report noting the reasons why an informant should be
deactivated.
3. Upon approval of the Lieutenant of Investigations, the informant's
assigned informant number and corresponding file will be marked
"DEACTIVATED". An unreliable informant's file will be classified as
deactivated.
4. A deactivated informant file will be maintained in the confidential record
file; however the informant will not be utilized as an informant without
approval by a supervisor and appropriate corroboration of all information.
OPS-18.6
H. EXCEPTION — MULTIAGENCY TASK FORCE
If an ICPD officer is assigned to a multiagency task force that has standard
operating procedures in place regarding confidential informants, that officer
will follow those procedures (e.g.: the Johnson County Drug Task Force
currently utilizes procedures adopted from the Iowa Division of Narcotics
Enforcement). If the task force does not have standard operating procedures
in place regarding confidential informants, the officer will adhere to the ICPD
procedures.
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.
N
a.J
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cal
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Page 23
13. Council Liaison to CPRB — Ordinance amending Title 8, entitled "Police
Regulations," Chapter 8, entitled "Community Police Review Board," to
create a City Council liaison. (First Consideration)
Throgmorton: Could I have a motion to give first consideration please? (noise in background)
Teague: So moved.
Throgmorton: (mumbled) what are ya gonna do? (laughter and several talking) Sorry! Bruce,
did you make a motion?
Teague: Yes!
Throgmorton: Is there a second please?
Thomas: Second.
Throgmorton: Moved by Teague, seconded by Thomas. Discussion?
Mims: I am not gonna support this. Um, I've listened to representatives of the CPRB and
what their concerns are and issues are, and it just seems to me that there is ample
opportunity for any of the members of the CPRB to come, you know, approach
any Councilor at any time, I mean, it .... they've got our phone numbers, they've
got our email addresses. Um ... and so to me it....it just starts setting up a process
of .... one -offs that .... that we don't really need and L...I think they .... if we need to
do anything, maybe it's just better communicating or maybe us taking the
initiative periodically to reach out to people, but I don't see the need to designate a
formal liaison to any of our commissions, including the CPRB.
Throgmorton: So just in the spirit of dialogue, cause I really haven't decided what I wamna
recommend, or vote, how I wamna vote. Uh, a counter -argument would be that
many new appointees, or actually appointees, don't know individual Council
Members at all. And therefore many of them are pretty leery of actually
contacting a Council Member and coming to meet them and talking with them
about specifies. It can be pretty daunting, you know, if. ,you know, so.....that
factor should be considered I think.
Mims: But then I still don't see why we are .... why they are different than others. Now I
realize some of the issues they deal with are incredibly sensitive and obviously
incredibly important. Um, I guess I might feel differently if we were seeing lots
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regular formal meeting of July 16, 2019.
Page 24
of situations where there were significant differences between the CPRB and the
Chief of Police, but we're not seeing that. Um, it's not .... it's not like there's a lot
of consternation or .... or a real difficult, you know, situation that's going on. I
think with Chief Matherly going to those meetings, I'm not sure if he still he but I
know he certainly was when he first came, and developing that relationship, um, I
think that's there, and .... and in regard to people.... being uncomfortable
approaching Council. I guess my (sighs) my response to that would be .... if
people have, if people have the fortitude to put their name forward to serve on a
commission, or any of our boards, then I would certainly hope that they ...have the
strength of personality to be able to pick up a phone and make a phone call, or sit
at home behind a computer, where we can't see them and they can't see us, and at
least send us an email that, hey, I've got a question or I've got a concern, could we
sit down for a cup of coffee or whatever. I ... I'm sorry, if people don't have that
much strength, then they shouldn't be out serving, I .... I don't think, on our
commissions and boards. I .... we're not .... we're not, I don't think, imposing
people. Yeah, we sit up here a few feet higher, but I think we're all very, very
approachable, and I think that's.... in my opinion that's a pretty weak excuse.
Cole: (mumbled) bring up some good concerns, Susan. I would not support this if it
required us attending their meetings. I think it's very important that we as all
councilors, you know, really keep our focus on the most important thing, which
are our bi-weekly meetings and our policy making. Um, but Mr. Townsend made
clear that .... that he was not expecting that we would have regular attending of the
meetings, and I do think there is something that, you know, to the extent that this
would serve as a template, uh, for possible expansion of other .... of other direct
contact, I don't think that's necessarily a bad thing. I .... I think the more direct
information that we can get and direct channels that we can get is a good thing,
and then the final point 1 would make is I .... I view sort of policy making as this
co -creating process with the residents, the boards, and of course the Council and
the (mumbled) expertise of our staff, and you know, I know you value Orville and
all the other members on the boards too. They're tremendous people, but I think
in particular when they thought about this and generated.... and we've had some
very good work sessions with them in terms of possible changes that we can
make. I really waima give significant weight to those. So if it turned into a....
meeting where we were having to do a lot of meetings, I probably would not
support this, but I think opening up that channel is .... is important, and I think as
you had mentioned, this is probably one of the more important boards that we
have, I think in terms of, um, unfortunately as he said it's been very good lately,
but I think really keeping our .... our finger on the pulse of that board is going to
be very, very important. So 1....I am gonna support it.
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Page 25
Teague: One of the things, um, when I look at this, you ... this is the commissioners comin'
to us, and although it was a 4-1 vote, um, they're askin' us, um, to identify
someone on Council that they can go to. Um, essentially .... for an issue that they
don't feel comfortable... well, that was one example, was a issue that they wouldn't
feel comfortable potentially bringin' up, or they felt it was just gomra, um, cause
some disturbance there. Um .... dependin' on what that might be, I think that
Council would have information and give a little history to, you know, of what
has been done in the past by Council. Um, I .... I do believe that the Mayor brings
up a important, uh, situation. Many of them don't know us, and I do believe that,
um, Comic... the, the .... you know.. ..the Council within itself can be intimidating
for some individuals. Um, you know (laughs) it invokes some stress, and I
imagine that this is not the only board and commission that we have that would
like to have someone identified that they can go to, or a Council Member, that
they meet. Um, when I first came on Council I was discouraged to go to meetings
by a few individuals, and um, not to say that they said 'you can't,' but I was
discouraged because, um, definitely people may change their vote or their
conversation may be changed in the presence.... and, in the presence of a
councilor and you don't wanna, uh, influence whatever conversations that are
happening. So I do understand that, I do respect that, um .... but again, 1....I feel
like they're asking for someone, um, they. ...on the Council, that will be
appointed, that they can come to. I really do see it, as Rockne said, as an
opportunity for, um, maybe a template for somethin' in the future. Um, but even a
trial basis. I think we can certainly go back and change this in a year from now if
we're findin' it is, um, one, um, pointless because they don't anticipate usin' it very
much. They've already mentioned that. It may not even be used, but then there is
no issues now. It's really for somethin' in the future when we .... we don't have,
um, someone that has been like our current chief, um, that is really, really fighting
for the justice, um, of .... on both sides, both, uh, residents that are served as well
as ensurin' that the police are doin', uh, things according to, um, what .... what his
expectations are, and .... and us as a council. So .... 1.....do hear Susan Mims and I
do agree that this is, um, some (laughs) a territory that we do need to tread lightly
to go into. Um. I am gonna support it. I .... I do support it with some reservations,
quite honestly, um, because I do believe that, um .... one councilor can influence
but I don't think that, um, this is a situation where we're just appointin' someone to
talk to. They can reach out to any of us, um, but it's just one person they can talk
to. They don't have to talk to that person if they don't want to. They may have a
relationship with someone else. So I don't know that, um, for me this is a easy,
well there's not a easy ...but this is somethin' that I will support, uh, but I do hear
the reservation and I do agree, uh, we need to tread lightly, but given all the other
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regular formal meeting of July 16, 2019.
Page 26
factors, 1 think that, um, we can go through this process and if we don't like it,
um, there.... there's always dialogue happenin' between, uh, the Councilors on, uh,
how things are progressin', um, on any ...on a number of things, and so I do think
that, um, these reports will be comin' back when they do happen and I just say I'm
gorma support it.
Taylor: Although 1, uh, appreciate the ... their trust in a councilperson to, uh, listen to their
concerns, urn, I think it's been stated that no other City board or commission has a
liaison, and I think, uh, we shouldn't single one out over the others, and I'm still
just really not clear what their process would be for them to come to that
councilperson, cause as a single councilperson we can't really make decisions on
our own. It would be something.... if there were concerns about the functioning
of a board, it would be something that we as an entire council should be
considering, and we would have to do that in a public setting, uh.... unless there
were just two or three of us talking about it. But 1....I think it should be the entire
Council that would be listening to these concerns. Uh... if they want us just to
come to the meetings to sort of facilitate conummication amongst the members,
that .... that's one thing, but to actually make decisions about what's going on, I...1
don't see that as a good thing.
Thomas: Well, I, um .... I'm gonna give the CPRB the, kind of the benefit of having spent
considerable amount of time thinking through what they feel their needs are, uh,
based on their experience as a board, and uh.... give it a try, you know. I .... I ..... I
can't say that I have a, I'm convinced that it's a good idea, but at the same time
I'm .... I can't say I'm convinced it's not a good idea (laughs) I think .... I feel that,
uh, it's something that could be tested, um, and I'll .... I'll give ..... give the board
the benefit of the doubt in terms of, you know, they.....they're in these shoes that,
um....uh, you know, and have experienced .... their .... their shoes as a board and...
an idea of what may benefit their process and, uh.... um, honor their perspective
on that and .... and, you know, give it a try.
Throgmorton: Well I think this commission is unique .... I should say board, is unique, because
the challenges they face and the topics they have to address are.....as you said,
Susan, sensitive, but they are extremely sensitive, especially for the people who
are affected by ..... uh, events that occur and (mumbled) specific allegations to be
made with regard to how the community interacted with the police or vice versa.
Tremendously sensitive topic. Uh, I, uh, have not been persuaded that there is
strong reason to create a liaison position as such. I don't really see how that will
add to the commission's already existing ability to connect with Council
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Page 27
Members. So by having one liaison, that would imply that police, uh, CPRB
members would be expected to contact just that one member.
Mims: Right.
Throgmorton: And that makes no sense to me. Uh, I would prefer that the CPRB members feel
free and invited to contact any one of the Members of the City Council. So with
enormous respect for the board members, and especially for Orville Townsend
who is the .... the key person in making this recommendation, I'm not gonna
support it. I do think however it would be good for.... probably me to send a letter
to the individual council members, and the staff could draft such a letter for me,
that'd be great, saying we acknowledge your concerns and, uh.... uh.. -eventually
decided that we don't believe it would be appropriate to appoint a liaison as such,
but that we really eagerly invite you to feel fi-ee to contact individual Council
Members, here are their phone numbers, here are their email addresses, here are
their private email addresses (laughs) if individual Council Members are willing
to do that. I certainly am. Uh, and .... and make, and you know, couch the....
write the letter in such a way as it.....makes it very clear that we want them to be
able to contact us individually about any matter that they think is really crucial to
the operation of the board. Uh, so I'm gonna vote no. But I ... I would really like
to see that kind of letter.
Cole: One super quick thing. Um, we are (mumbled) I think the first potential 3-3 we
have. It's my understanding if it's not successful it's done (both talking)
Throgmorton: Correct.
Cole: (mumbled) So of the three that are no, we have Councilman Salih that's gomia
come back, relatively shortly, and I think an issue as important as this, we ... we
should have all the votes here, and if you guys decide at a lighter.... point. So if
one of the three to vote yes to get it on to second consideration, and if
Councilman Salih.... agrees with your position, then it won't be done, but I think
that makes sense, given the fact that we do not have a full Council.
Throgmorton: Would an alternative possibili.... excuse me, possibility be to get a motion to defer
first consideration to.....a specified date?
Cole: I guess (both talking)
Throgrnorton:.... August 6th or (both talking)
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Page 28
Cole: I would make that motion. So moved.
Throgmorton: is there a second to that motion?
Thomas: Second.
Throgmorton: Okay, moved by Cole, seconded by Thomas to defer to August the 6th.
Cole: Yeah, and we can decide as a full body.
Mims: I'm not willing to do that. 1....1 think we have business before the Council. Um,
Council Member Salih got elected to this council to serve the members of this
community and she has chosen to take two months off every year to go back to
Sudan and see her family. Now family is incredibly important to me, but to me
also when you get elected to a public body, you should be here to serve the public.
Um, and so I don't think delaying votes, um ..... for that purpose, i don't think it's
appropriate. I think we've got business in front of us and I think we should vote.
Taylor: With all due respect, uh, to Councilwoman Salih and .... and Rockne, and... and
your choice to .... to save this for her. 1 recall that before she came on to the
Council she sat on the CPRB. So I would be just a little bit concerned that she
might be a little bit biased, uh, towards making a decision on that respect. That's
just my opinion.
Throgmorton: (mumbled) point 1 hadn't thought about. Yeah. (laughs) Uh, do you have a
thought there, Bruce?
Teague: I guess, um, just a comment on that. 1 think that many of us sit on, um, we make
decisions on things that we have .... um, conflict of interest, potentially, all the
time. Um (talking in background) I don't mean the conflict of interest but (both
talking)
Cole: ....past service (both talking)
Teague: Yes!
Cole: ...where you may feel conflicted emotionally (both talking)
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Page 29
Teague: Exactly! I mean we .... we (several talking and laughing) ....attend a lot of, um,
events in our community, uh, for our non -profits, and those .... we come in and we
vote on things they present to us all the time. So I do understand, you know, that
she was on a board, but I .... I believe that when you're in this position, um, I mean
I've been a recipient of. ... you know, some things through the City,, but when I sit
here, 1 am sittin' here as a Councilor, and I'm thinkin' for the greater good of this
community. And so I don't think that that, for me, is a valid point, um, no
disrespect to you. Um, so I do think that, uh, if we .... if we're, you know, 3-3 now,
I think it's appropriate to defer, um, until we ... ..have a ..... have a, the full body,
Throgmorton: John, did you (both talking)
Thomas: No, I think it's .... it's appropriate to defer on this.
Throgmorton: Yeah, I would prefer to defer as well. Uh.....without going into details, one of the
reasons Maz is not here is because there's, uh, enormous trauma in Sudan, and it's
been extremely hard for her to make it back. I don't wanna go into detail about it,
cause (both talking)
Mims: That's not accurate, Jim! I .... I have to disagree publicly because she left
intending to be gone for two months. That was her intent when she left. it was
the same thing last summer, she left and she was gone for two months. Yes, there
is horrendous situation in Sudan this summer, and because of that she was gonna
try and come back early, but her original intent was to be gone for two months,
and I do not think this Council should defer the work of this body because a
Council Member chooses to be gone.
Throgmorton: Okay, there's a motion on the floor. Uh, roll call please.
Dilkes: It's a voice vote.
Throgmorton: Voice vote! So all in favor of deferring to August the 6th, first consideration to
August the 6th say aye. Opposed. Motion carries, well 4-2. Yeah.
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12. Council Liaison to CPRB — Ordinance amending Title 8, entitled "Police
Regulations," Chapter 8, entitled "Community Police Review Board," to
create a City Council liaison. (First Consideration)
Throginorton: Could I have a motion for that please?
Cole: So moved.
Teague: Second.
Salih: Second.
Tlrrogmorton: Moved by Cole, seconded by Teague. Would anybody like to address this topic?
Hi, Charlie!
Eastham: Thank you Mayor Thog.... Throgmorlon. Uh, I would like to ask the Council to
seriously consider unanimously supporting this, uh, this ordinance. Um, I have
the deepest respect for Mr. Townsend and Miss Galpin, who I'm, uh, I think asked
the Council to consider this, and the rest of the CPRB too. Um, in thinking about
this it has occurred to me often in the last very few years that, uh (clears throat)
actually other people in the community don't quite have the same perspective and,
uh..... uh (clears throat) uh, I guess ease at, um, approaching elected officials
that .... that I do. Many of you will see me as being just gabby and (clears throat)
uh, a little forward at times. That doesn't work with everyone in the community.
Other people in the community have a different, they're coming from different
places and they .... they have a different idea about how governments work and
how they fit in the government, and I think that's the genesis very much so of the,
uh, CPRB asking for this Council liaison. So I hope that, uh, all of you will go
ahead and support this. I know you had some discussion the last time you
considered it, where it didn't seem, uh, perhaps, uh. ...uh.....(clears throat) needed_,
uh, in your view point. I think it actually is needed, uh, cause I said not
everybody has the same ideas that I do, and my ideas that might (mumbled) are
not the standard that, uh, we should, uh, pro.. -perpetuate in the community.
Throginorton: Thank you, Charlie. Megan! Good evening.
Alter: So I'm Megan Alter and I just want to, urn .... affirm and confirm Charlie's
sensibility about creating a liaison. Um, I'm a manager at ACT, and so I have it
slightly different from how Charlie was talking about his ease with coming to
public officials. Um, but I considered it just even from being a manager. When I
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have someone, a team member, who has a complaint.... they always are having to
think about how they present themselves. There's a whole other layer of
communication in addition to what the content is, right? What the complaint
itself, what the issue might be, and so for that reason I'm in favor of a liaison,
simply because it allows someone to be able to be candid and to get their points
and their feelings across, but ... that can then be sort of, I won't say mitigated, but it
can be provided to you as Council in a way that you can understand the issue,
perhaps, more cleanly than a lot of the messiness of when there might be an issue
at hand, right? Um, it's difficult to take feelings and emotions and temperament
out of it. There may be people who are afraid to say exactly what they think, and
so they might actually.... not.... truly in.....inforn Council of what they're thinking
about. So at any rate, I just wanted to second what Charlie was thinking, but
would like just a slightly different facet to what he's talking about, that's in the
same theme. So thank you.
Throgmorton: Thank you. Would anyone else like to address this topic? All right, seeing no one
else, Council discussion?
Mims: Well I .... I feel the same way I did two weeks ago, before we deferred this. Um,
and we basically deferred it because it was 3-3 and .... so people wanted to wait.
I .... I feel that if somebody's gonna put their name forward and be on one of our
boards and commissions, then I would hope that they would have a comfort level
with speaking with anybody on the Council. If they don't, I'm not certain how
appointing one person to be a liai.... a liaison necessarily gives them any more
comfort level with that particular person than it does with anybody else on the
Council. They don't necessarily know that person.... any better than they know
anybody else. In fact maybe they know somebody else on the Council even better
than they know that liaison. So I don't see how it really addresses that particular,
uh, perspective. And then secondly I am concerned about what this says to the
rest of our boards and commissions, who feel .... who then may feel, well, we....
we need more of an 'in' with the City Council so we want our own liaison. And...
and finally, I guess I would be concerned that people on that .... board might feel
like if there is a liaison, then that is the only person on Council that they should go
to, and I think anybody on any board or commission should feel free to call,
email, have coffee with, whatever, um, any one of us, and so I will not be
supportive of the recommendation, and I have the highest respect for the people
on that commission. That board.
Teague: I think for myself, and I....1 hear what you're saying. For me I really think it
comes down to, um.....identifying someone.... that..... you know, on Council that,
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um, the board members can come to. 1 would agree that they can go to any of us.
I would agree. Um, but we also .... are, all of us are appointed to different
commissions and .... and things that we go to. So for me it's not .... (mumbled) this
is probably not a good word to say, it's not that, um .... I don't think it's a long
stretch to .... allow this one opportunity for the CPRB to have one assigned liaison.
My assumption is, at some point, the Council will. ...if it passes, um, will say who
would like to be that person. My assumption is it's going to be someone who has
a heart for the .... for the CPRB.... (mumbled) police related things. Um, not all of
Lis, we all specialize in different things. Urn. —when we talk on Council, when
certain things comes up, um, you started talking about trees and .... and green
space and John, I'm gonna point you out (laughs) but your eyes just light up
(laughs) you know, and so I .... I do think that it is an opportunity for us to, um,
explore, um, if this will work. We're also, as a council, I don't k now if you know
this, you probably do. We've been, um, there has been some criticism about us
bein', urn, distant and not totally in touch with what's happening on these boards.
Um, not to say that this will .... um, be used a lot, or give us more insight. 1 think
globally we may need to rethink about how we, uh, attend or .... don't attend a lot
of the boards and commissions that we already have, um, as a council because
many of us_...I've not attended since I've been on Council because I was
discouraged to go because my presence could change the, I mean that's what was
stated, could change the conversation, and so I don't go! I would love to go, uh,
just to get .... and when I say 'love to go,' like once or twice a year, just to get a feel
of what's happening. Um, but I don't. So I'm supportive of this just to see ....um,
what will become of it, and then in a year 1 wanted to relook at it and see one, is it
necessary, urn, has it had a negative, um, outcome. Um, so I'm supportive of it,
but probably on a year trial basis.
Cole: To that point, Bruce, I think especially because this is an invitation from the
board, I think it's an invitation that should be accepted. Um, you know maybe not
every board wants this sort of input, but again I go back, Jim, to the, uh, Mayor,
the comment I made a couple weeks ago is that, you know, one of your first ideas
during the most recent election was to do a committee structure. So, you know, in
terms of urban planning, in terms of social justice. Ultimately the Council
decided, for a variety of reasons, staff wattage, there were issues about quorum,
uh, we declined to do that, but I think .... to your point, Susan, about well what if
this sets a precedent for other organizations. I don't think that's necessarily a bad
thing. And then secondly, related to, you know, they can just come up and talk to
us whenever, um, I would go back to what Bruce said, is that there is fear for
good reason, um, very distinct channels of communication in terms of the
Council, our City Manager, our City Attorney — for good reason, for .... for work
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flow and those sorts of things, but we don't just sort of willy-nilly start knocking
on staffs door asking for input and stuff like that, nor do we do that to other
boards because we wanna honor our respective role. So I think to have a distinct
person that they can communicate, that they can identify, and I think in terms of
misconstruing the mandate, you know, we can make clear that they will always be
welcome to contact each and every one of us if they so choose, um, but you know
another too is, you know, we're not amending the United States Constitution here.
I mean this is a trial run. Um, I think this is one of our most important boards,
and so I think we can distinguish if the other ones say well we would want one
too, um, you know, we'll have a trial run; see how this goes; and you know, they
may think that we're not helpful, or that liaison did not work in the way they
envisioned and we can .... we can reevaluate. So I'm gonna be in favor of this, um,
especially because invitation, and it was carefully thought out by the proponents,
and 1 think we should give it a trial run.
Throgmorton: I'd like to ask the question (clears throat) and it has to do with expectations. So
what would our expectations be of the liaison if in fact we appoint a liaison?
Cole: Not to attend a meeting. I mean all the meetings. I think that was made clear, at
least in terms of what Mr. Townsend had indicated, which would have been a
deal -breaker for me, because I don't think that that would be, to Bruce's point
again about us, you know, interfering with their decision making process, and I
think it would only be at the invitation, but I'm envisioning once or twice a year,
at their invitation, um, we would attend, get to know the individual board
members, and get a little bit of an expertise in that (both talking)
Throgmorton: You just said once or twice a year we would attend. I'm (both talking)
Cole: The liaison (both talking)
Throgmorton:.....the liaison.
Cole: (both talking) yeah ... oh, I'm sorry! Well whomever would be decided (both
talking)
Throgmorton: Okay, so what are the expectations of the liaison? (several talking) ...pin you
down (several talking)
Cole: ....think it would be to facilitate communication with the board, and I think to
some degree the board would also ... you know, work with .... with the liaison in
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terms of deciding what that mandate is, but I think in talking to Orville about it,
he made it clear that he did not want us, the person, to attend every meeting.
Urn .... so.....
Teague: 1 don't think the person was expected to attend any meetings. It was .... it was
actually just a.....an identified point of contact, uh.... that the CRB would be given
and .... and stated this is a person that you can contact. Um, just, um....a person,
uh, that they would introduce. Now it could be, you know, show up to a meefrn'
but that's not what 1 got from .... from the .... the request. It was really just to
identity a person that can be contacted. They anticipated that, you k now, maybe
once a year, maybe not. The person would be contacted. So .... it was no regular
type of expectation, except someone identified for that individual board member
to reach out to (both talking)
Throgmorton: Okay, let me follow through on .... on this. Let's .... let's imagine a hypothetical
that one member of the CPRB approaches, let's say Pauline's our liaison, just for
the hypothetical. One member of the board approaches Pauline and says .... I don't
know what, and .... and what's Pauline supposed to do?
Teague: 1.... so i think that Pauline, just like any time we have discussions with, uh.... um,
the staff, um, we'll probably have some perspective on where to go next with that.
Um, I think a lot of individuals on the CPRB don't have past history. So even
when I talked to some of the leadership staff here, not only do they.... typically
they give me a little historical background on whatever situation I'm talkin' about.
So I do think that it's another way for the individual to sit down with someone that
has some knowledge about the Police Review Board, uh, to kind of give them
some.... maybe.... maybe it's understandin' that they just wanted to have. Now
that could be Pauline to say let me connect you with die Chief, let me connect you
with another staff, but .... 1 don't .... we're talkin' hypotheticals, but I don't believe
that Pauline, urn, if she was that person, needs to sit and evaluate everything that
they're sayin' and giving them answers. I really think it's another way for them to
navigate whatever they're needing.
Throgmorton: So providing guidance (both talking)
Teague: Potentially....
Throgmorton: .... about how to, unr.....influence Council decisions, or providing guidance about
staff people to connect with.
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Teague: (both talking) I don't know about influencin', uh, Council decisions.
Throgmorton: Well but processes is what I really mean.
Teague: Yes! Yes, absolutely (both talking)
Throgmorton:.... about processes. Okay. So there arc two things, and I'm just tryin' to pin down
what such a person would do. Okay.
Teague: And I think the other thing is, um. .... just havin' someone identified, because
again, approachin' political, elected officials can be intimidatin', despite that
person bein' comfortable in other places. I'm not gonna use that as the .... the key
reason why we should be, uh.... urn. ....considering this, um, for, uh, for the .... for
the purpose, but, um .... I do believe that it....it.....it does take some tension away
when you have identified here is a person you can contact. Now all .... all of the.
all of our seven names and numbers could be there, but if one of us really find that
we are more .... we have a more compassion or a more expertise, more knowledge,
and want to be considered for this role, I think that could be beneficial for the
board. And .... and whoever contacts, because one of us, if we say we wanna be
that person, our knowledge may be a little greater .... relatin' to police review items
than.....it would be more like you're expert potentially (both talking)
Throgmorton: Can .... can the rest of you think of any other expectations we would have for a
liaison?
Taylor: I'm still unsure about that, uh, because when this was initially presented, and...
and first of all, I .... I too also have, uh, great respect for Orville Townsend and the
other members of the commission, but I'm still really unsure. They talked about
like inner -conflicts within that board or commission, and I don't think .... I think
we all as a .... as a Council should know if. ... if our, one of our boards and
commission is .... is having some conflict among themselves, uh, and .... cause one
of us is not empowered to .... to resolve any issues. We .... we would probably
have to go before the rest of the Council or even to Geoff or .... or Eleanor to say,
you know, what.... -what can we do about this. Uh, I'm just still really not sure
about facilitating communication with the board and if there's one person that's
causing difficulties, uh, I don't know if I would be comfortable approaching that
person and say, hey, John Doe, uh, Jane, or the rest of the commission's having
difficulties with you. I don't know how (several talking) I'm just, I'm still ('both
talking)
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Cole: But that's not even in the regular formal agenda, where they said .... it said they
recommended a City Council be appointed as a liaison to help facilitate
communication between CPRB members and Council Members about the make-
up and the function of the CPRB. It's not talking about conflict resolution, as far
as I can tell. (several talking)
Salih: ....I said that they are coming .... uh, the time that will be coming to like report
something when they disagree with the Police Chief. That what I thought they
gonna be (several talking) because they report what .... (unable to understand) and
if they are in agreement, there is no problem. They don't need even to bring thing
to us, because what I been seeing, everything will throw on the consent agenda,
usually Council even consent agenda... 1 personally don't review the consent
agenda that really much. I care about the formal agenda (several talking)
Throginorton: We changed that (both talking)
Salih: I know, but maybe because of that, you know, the behavior when I was on the
Police Review Board, I think....the City Council was no even if we are
disagreeing or agreeing with the Police Chief. And 1 always consider the CPRB
commission is really powerless, you know. As soon as they disagree with the
police and they said this complaint is sustained, the police did not sustain that's it,
everything would die there, and maybe they .... they need like more power. That's
why they wanna come here and talk to us about it I think that, you know (both
talking)
Taylor: 1 would like to read the ordinance because it does talk about the make-up of the
board itself. The general purpose of the liaison position shall be to help facilitate
commmtication between the members of CPRB and members of the City Council
about the overall make-up and function of the CPRB. The liaison will be a
specific person to pro .... contact to provide a safe and comfortable vehicle for
members of the CPRB to express any concerns about the composition,
cohesiveness, and effectiveness of the CPRB. This will allow the Council to
receive information needed to be aware of concerns related to the function of the
CPRB and make decisions/changes when necessary. This will also be especially
beneficial in cases in which a CPRB member.... member or ers do not feel
comfortable airing concerns related to the honer -workings of the CPRB openly
during CPRB meetings. (several talking)
Mims: ....agree with you, Pauline.
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Taylor: It's clear!
Minis: I think it's (both talking)
Taylor: ....Police Chief. No it's (both talking)
Salih: Yeah, I....1 thought (both talking)
Mims: I don't see it as our role to try to get involved in the inner -workings of one of our
boards and commissions. If we have people that get appointed on there who can't
work together, I'rn not exactly sure what our ...what our options are (laughs) other
than to wait until somebody's tenn is up. I'm not sure if we have any other
options. But 1....I don't see any of us having that authority or —or that it should be
our role, to get involved if there are difficulties between members of any of our
boards or commissions. And a lot of what you just read, Pauline, is exactly that.
Talking just about the composition. We get applications for all of our boards and
commissions and we review those, and we make decisions here as to who we
think should appoint. Anybody can, you know, if they have a concern about
somebody who's applying or, you know, they can always let its know, but I .... I
think this is (both talking)
Throgmorton: Well speaking for myself, I cannot support this unless there is real clarity about
what the expectations are for the ... the Council Member who would be a liaison
and for any board member who approached that liaison. 1 wanna know what the
expectations are. And I can be persuaded at some other time about .... the viability
of that kind of thing, but at the moment given what we have before us, it....it's
too vague. I don't feel comfortable with it and I can't support it! Wlrich is where 1
was last time.
Thomas: Well I supported it last time and I continue to support it. It's a recommendation
from the CPRB, um, I'd like to honor their process in .... in coming to that
recommendation. And, uh, you know, with its stated purpose of helping facilitate
communication. Will it be successful? I don't know. I mean (laughs) I view this
as a small bet. I don't see a serious downside, if it should be found not to work.
Uh, but I think it's worth testing and seeing if it does work. Uh....and, um, you
know....let..... let the policy and procedural aspects about it, uh, develop as....
through the conversation, um, but at this moment I don't....I don't see any reason
not to test the idea and see if it might work.
Throginorton: Okay, well it's clear that there's four in favor. Sorry, Maz, go ahead.
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Salih: I really just wanna state that I just wanna tell this Council Member that the people
of this community really tired from police behavior. I been receiving a lot
complaint from a lot of people, even after the Police Chief came over on board we
said maybe things will change. Things start changing, but a little bit. There is
still a lot of work need to be done. And the CPRB is working with the people
who's complaint of the people who always left out and behind this community and
the complaints still coming, even after we have new Police Chief. I just think this
is a very important role, and I .... even though I believe they are powerless, but is
still I wanna help them as much as they can, so they can have some power. If
that's something gonna improve their practice to solve the problem of the
community, Ion definitely, and I just wanna say I'm supporting this 100%.
Mims: I just wanna make one quick follow up. One, this liaison is not going to give the
CPRB any more power than they currently have. That is very much limited by
State law, and by the City ordinance that .... that puts them in place. If there
are .... if you and others are still hearing lots of complaints about our Police
Department, then I think it behooves you and those people to file complaints
and/or go directly to the Police Chief and/or directly to the City Manager, because
I'll tell you one of the things when you look at the actual complaints that are filed,
very, very few of those are ever sustained, and this is with, and I just read in our
last packet, we had minutes of the CPRB, and there were two reports in there
from complaints. They've got two that they're, I think, still actively investigating.
Both cases they listened to and watched the audio and video of the body cams and
body mics from the police officers. The CPRB unanimously did not see any
reason to escalate the investigation, and they unanimously agreed with the Police,
uh, Chiefs report that was .... did not sustain the complaints, and this is very
typical. Now, having said that, I am not saying that there are not incidents in this
community where police are acting in ways that are not appropriate, but if that's
happening, people need to report it, they need to have specifics, so that it can be
actually investigated and people can be disciplined if necessary and training can
take place, but I get frustrated with unsubstantiated complaints that we hear all the
time, about how bad our police are. Let's get things that can be substantiated, if
they are out there, so that changes can be made.
Salih: I .... I have to talk on this, because I been on the Police Review Board, on the
CPRB. I was a member for like four year, and I guess six year maybe, before I
become elected as a Council. You know I .... the first complaint has been
sustained when I was there, because the people who look like me, and the people
who look like me who file the complaint, they come on board that's why
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sustai.... the complaints are sustained, because, you know, before it wasn't that.
and now we see more people from different community, from diverse group come
inboard, which is great thing, and that's why we seeing sustained complaint, but
after we sustain the complaint, what is happening? Nothing! We say, yes, the
police made a mistake, but nothing happen! Anyway, I support this, and since we
have quorum for that today, thank you.
Thrognorton: Yeah, so we have four in favor. So we'll have a vote here in just a second. Uh_,
I ... I would like to suggest that .... both the, uh, CPRB and the Council try to
determine the specific expectations for this liaison, uh, and also one other, uh, sort
of nit -picky point, the .... the, uh, CPRB recommended that the .... the appointment
be effective, what is it, the start of the fiscal year, and that's out of sync with all
our other appointments. I .... I don't know why it would be the start of the fiscal
year. Why not the....at.....at the time that we make all our other appointments.
Teague: That would be tine with.... January 1?
Throgmorton: Well it's at our organization meeting, which is the second of January or something
like that.
Teague: 1 would be fine with that. (several responding)
Throgmorton: Okay, so that .... do we need, uh, a motion to amend or anything like that?
Dilkes: I have to look at the ordinance. Was it specifically in the ordinance, the
appointment date?
Throginorton: Uh....yeah, I .... I think it is.
Frain: Yes it is. It starts with 'at the beginning of each fiscal year.'
Dilkes: Yeah, then why don't you go ahead and, um ... just take it off the floor, with draw
it. Whoever made, whoever put it on the floor move it as amended, with that
change, and get a second second and we'll vote on (both talking)
Throgmortow I don't remember who moved and amended (several talking)
Cole: I'll withdraw (several talking)
Teague: I'll withdraw.
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Throgmorton: Okay, so could I have a motion to approve the resolution....
Dilkes: Ordinance!
Throginorton: Ordinance, sorry, uh, with, um, with a, uh, change to the, uh, appointment dates so
that the appointment date would be at the start of each new Council. Is that...
Dilkes: I would just say at the beginning of the calendar year.
Thrognrorton: At the beginning of the calendar year? Okay.
Cole: Moved as amended.
Teague: Second.
Throgrnorton: Moved by Cole, seconded by Teague. Any further discussion? Hearing none, roll
call please. Motion carries 4-3.
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COMMUNITY POLICE REVIEW BOARD
OFFICE CONTACTS
July 2019
Date Description
7/31/19 Caller requested complaint application to be mailed
August 13, 2019 Mtg Packet
COMMUNITY POLICE REVIEW BOARD
COMPLAINT DEADLINES
CPRB Complaint #19-02
Filed: 06/04/19
Chief's report due (90 days): 09/03/19
Chief's report filed: 07/02/19
CPRB meeting #1 (Review):
07/11/19
CPRB meeting #2 (Review):
08/13/19
CPRB meeting #3 (Review):
??/??/19
CPRB report due (90 days): 09/30/19
CPRB Complaint #19-03
Filed: 08/07/19
Chief's report due (90 days): 11/05/19
Chief's report filed: ??/??/??
CPRB meeting #1 (Review):
??/??/??
CPRB meeting #2 (Review):
??/??/??
CPRB meeting #3 (Review):
??/??/??
CPRB report due (90 days); ??/??/??
CPRB Complaint #19-04
Filed: 08/07/19
Chief's report due (90 days): 11/05/19
Chief's report filed: ??/??/??
CPRB meeting #1 (Review):
??/??/??
CPRB meeting #2 (Review):
??/??/??
CPRB meeting #3 (Review):
??/??/??
CPRB report due (90 days): ??/??/??
TENTATIVE MEETING SCHEDULE
September 10, 2019
October 8, 2019
November 12, 2019
December 10, 2019