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HomeMy WebLinkAbout11-12-2019 Community Police Review BoardMEMORANDUM COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City DATE: November 6, 2019 TO: CPRB Members FROM: Chris Olney RE: Board Packet for meeting on Tuesday, November 12, 2019 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 11/12/19 • Minutes of the meeting on 10/08/19 • ICPD General Order 99-05 (Use of Force) • ICPD GO 99-05 suggested change letter • Office Contacts — October 2019 • Complaint Deadline AGENDA COMMUNITY POLICE REVIEW BOARD Tuesday, November 12, 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 10/08/19 • ICPD General Order 99-05 (Use of Force) ITEM NO. 3 NEW BUSINESS ITEM NO.4 OLD BUSINESS 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 MEETING SCHEDULE and FUTURE AGENDAS • December 10, 2019, 5:30 PM, Helling Conference Rm • January 14, 2020, 5:30 PM, Helling Conference Rm • February 11, 2020, 5:30 PM, Helling Conference Rm • March 10, 2020, 5:30 PM, Helling Conference Rm ITEM NO. 10 ADJOURNMENT Ifyou will need disability -related accommodations in order to participate in this programlevent, please contact Chris Olney at 319-356-5043, christine-olney@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. COMMUNITY POLICE REVIEW BOARD MINUTES — October 8, 2019 CALL TO ORDER: Vice -Chair Monique Galpin called the meeting to order at 5:35 P.M. MEMBERS PRESENT: Sam Conaway, Latisha McDaniel, David Selmer (5:38), Orville Townsend MEMBERS ABSENT: None STAFF PRESENT: Staff Chris Olney OTHERS PRESENT: Legal Counsel Erek Sittig and Iowa City Police Chief Matherly RECOMMENDATIONS TO COUNCIL None. REPORT FROM NOMINATION COMMITTEE Conaway and Selmer did not have a chance to meet so no report was given. MOTION TO FIX METHOD OF VOTING Motion by Conaway, seconded by McDaniel to fix the method of voting to be by voice vote. Motion carried, 4/0, Townsend absent. NOMINATIONS FOR OFFICE OF CHAIRPERSON Motion by Selmer and seconded by Townsend to nominate Galpin for Chair Motion carried, 510. MOTION TO CLOSE NOMINATIONS FOR OFFICE OF CHAIRPERSON Motion by Selmer and seconded by Townsend to close nominations. Motion carried, 5/0. BALLOT OR VOTE Motion by Conaway and seconded by Townsend to elect Galpin for Chair Motion carried, 5/0. NOMINATIONS FOR OFFICE OF VICE -CHAIRPERSON Motion by Conaway, seconded by McDaniel to nominate Townsend for Vice -Chair Motion carried, 5/0. MOTION TO CLOSE NOMINATIONS FOR OFFICE OF VICE -CHAIRPERSON Motion by Conaway and seconded by McDaniel to close nominations. Motion carried, 5/0. BALLOT OR VOTE Motion by Conaway and seconded by Selmer to select Townsend for Vice -Chair. Motion carried, 5/0. CPRB Oct 8, 2019 Page 2 CONSENT CALENDAR Motion by Selmer, seconded by Townsend, to adopt the consent calendar as presented or amended. • Minutes of the Meeting on 09/24/19 • ICPD General Order 99-05 (Use of Force) McDaniel had questions regarding General Order 99-05 (Use of Force) OPS-03.4 V. Procedures Paragraph 2(d): No distinction shall be made relative to the age of the intended target. Chief Matherly explained the various criteria that must be met. The Board agreed to send a suggestion to Chief Matherly to add language to clarify wording in the order. Motion carried, 5/0 NEW BUSINESS None. OLD BUSINESS None. PUBLIC DISCUSSION None. BOARD INFORMATION None STAFF INFORMATION None. EXECUTIVE SESSION Motion by Conaway, seconded by Selmer 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, 510. Open session adjourned at 6:05 P.M. REGULAR SESSION Returned to open session at 6:34 P.M. CPRB Oct 8, 2019 Page 3 TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subiect to chance) *NeyembW 13, 2019, 5:30 PM, Helling Conference Rm - November 12, 2019 (correction) *December 10, 2019, 5:30 PM, Helling Conference Rm *January 14, 2020, 5:30 p.m. Helling Conference Rm *February 11, 2020, 5:30 p.m. Helling Conference Rm Conway advised he would be absent for the November meeting. Olney noted November meeting is the 121 not the 131. ADJOURNMENT Motion for adjournment by Townsend, seconded by Conaway. Motion carried, 5/0. Meeting adjourned at 6:36 P.M. COMMUNITY POLICE REVIEW BOARD ATTENDANCE RECORD YEAR 2018-2019 (Meeting Date) NAME TERM12M/18 EXP. 118/19 2/20/19 3/12/19 419119 429119 5/14/19 6/11/19 7/11119 8/13119 9/10119 NO QUORUM 9124/19 1018/19 Donald King 6/30/19 X X X X X X X X _ Monique Galpla 6/30/20 X X X X X X X X X X X X Orville Townsend 6/30/20 X X X X X X X X X X X X Latisha McDaniel 6/30/21 X X O X X X X X O X X X David Selmer 6/30/21 O X O X X X X X O X X X Sam Conaway 6/30/23 X X X X KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting -- = Not a Member OPS-03 1 USE OF FORCE Original Date of Issue General Order Number April 28, 2001 99-05 Effective Date of Reissue Section Code October 23, 2019 1 OPS-03 Reevaluation Date Amends October 2020 C.A.L.E.A. Reference 1.3.1— 1.3.8,1.3.13 (see `INDEX AS") INDEX AS: • Use of Force . Use of Force Model • Reporting • Canine • Significant Force • Arrests • Investigation • Warning Shots I. PURPOSE The purpose of this policy is to provide members of the Iowa City Police Department with guidelines on the use of deadly and non -deadly force. II. POLICY The Iowa City Police Department recognizes and respects the value and special integrity of each human life. In investing officers with the lawful authority to use force to protect the public welfare, a careful balancing of all human interests is required. Therefore, it is the policy of the Iowa City Police Department that police officers shall use only that force that is reasonable and necessary to accomplish lawful objectives and effectively bring an incident under control, while protecting the lives of the officers and others. III. DEFINITIONS A. Deadly Force (Section 704.2, Code of Iowa) — For the purpose of this policy, shall mean any of the following: Force used for the purpose of causing serious injury. 2. Force which the actor knows, or reasonably should know, will create a strong probability that serious injury will result. The discharge of a firearm, in the direction of some person with the knowledge of the person's presence there, even though no intent to inflict serious physical injury can be shown. 4. The discharge of a firearm, at a vehicle in which a person is known to be. B. Serious Iniu[y (Section 702.18 Code of Iowa) — Means 1. disabling mental illness; or 2. bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. C. Use of Force — Any contact applied by an officer that significantly restricts or alters the actions of another and/or compels compliance with the demands or instructions of the officer. This includes the use of restraint devices such as handcuffs. D. Verbal Commands/Directives — Verbal communication by an officer directing someone to perform or not to perform an act: e.g. "Stop", "Don't move", "Put your hands up", or "Get on the ground". E. De-escalation - Taking action to stabilize a situation and reduce the immediacy of a threat so that more time, options, and resources are available to resolve the situation. The goal of de-escalation is to gain the voluntary compliance of subjects, when feasible, and thereby reduce or eliminate the necessity to use physical force. F. De-escalation Techniques - Actions used by members of the department, that seek to minimize the likelihood of the need to use force during an incident and increase the likelihood of gaining voluntary compliance from a subject. Note that these techniques should only be employed when it is safe to do so. IV. THE REASONABLENESS OF THE USE OF FORCE The use of force is analyzed under the Fourth Amendment. "The right to be free from excessive force is included under the Fourth Amendment's prohibition against unreasonable seizure of the person." Andrews v. Fuoss, 417 F.3d 813, OPS-03.3 818 (81h Cir. 2005). On the other hand, "the right to make an arrest or investigatory stop necessarily carries with it the right to use some degree of physical coercion or threat thereof to effect it." Graham v. Connor, 109 S.Ct. 1865, 1872 (1989). A. Reasonable Officer: Objective Standard 1. "The 'Reasonableness' of a particular use of force must be judged from the perspective of a reasonable officer on the scene rather than with the 20i20 vision of hindsight." Graham v. Connor, 109 S.Ct. 1865, 1872 (1989). 2. "Reasonableness" also takes into account that police officers make judgments in a split second under circumstances that are "tense, uncertain, and rapidly evolving - about the amount of force that is necessary in a particular situation." Graham v. Connor, 109 S.Ct. 1865, 1872 (1989). 3. Reasonableness is "not capable of precise definition or mechanical application." Bell v. Wolfish, 441 U.S. 520, 559 (1979). Reasonableness is determined by the totality of circumstances, which include the "severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight." Graham v. Connor, 109 S.Ct. 1865, 1872 (1989). B. The Code of Iowa authorizes the use of force in making an arrest and preventing an escape. 1. Section 804.8 Use of force by peace officer making an arrest. A peace officer, while making a lawful arrest, is justified in the use of any force which the peace officer reasonably believes to be necessary to effect the arrest or to defend any person from bodily harm while making the arrest. However, the use of deadly force is only justified when a person cannot be captured any other way and either: a. The person has used or threatened to use deadly force in committing a felony, or b. The peace officer reasonably believes the person would use deadly force against any person unless immediately apprehended. A peace officer making an arrest pursuant to an invalid warrant is justified in the use of any force which the peace officer would be justified in using if the warrant were valid, unless the peace officer knows that the warrant is invalid. 2. Section 804.13 Use of force in preventing an escape. A peace officer or other person who has an arrested person in custody is justified in the use of such force to prevent the escape of the arrested person T from custody as the officer or other person would be justified in using if the officer or other person were arresting such person. 1. Purpose of statement a. To delineate the Department's policy regarding the use of deadly force. b. To establish policies under which the use of deadly force is permissible. 2. Policy a. Officers of the Iowa City Police Department may use deadly force to stop or incapacitate an assailant to prevent serious bodily injury or death. For this purpose and to minimize danger to innocent bystanders, the officer should shoot at the center body mass, whenever possible. b. An officer may use deadly force to protect him/her or others from what he/she reasonably believes to be an imminent threat of death or serious injury. c. An officer may use deadly force to effect the capture or prevent escape if: i. The person used or threatened to use deadly force in committing a felony, and ii. The peace officer reasonably believes the person would use deadly force against a person unless immediately apprehended. d. Provided the criteria for paragraph 2(a), 2(b) or 2(c) have been satisfied, no distinction shall be made relative to the age of the intended target. e. Warning shots by officers of the Iowa City Police Department are prohibited. f. A verbal warning shall be utilized prior to an officer discharging a weapon unless it would compromise the safety of the officer or others. OPS-03.5 g. Shooting at or from a moving vehicle is prohibited, except under the following circumstances: When the occupant of the vehicle is utilizing deadly force against the police officer or other persons. As a last resort to prevent death or serious injury to officers or other persons. iii. As a last resort to apprehend a person who has just committed a felony resulting in death or serious injury. iv. The discharge of firearms shall not be utilized when circumstances do not provide a high probability of striking an intended target or when there is substantial risk to the safety of other persons, including the risk of causing vehicle accidents. 3. Injuries resulting from use of force. a. Officers shall render appropriate first aid to any person injured or complaining of pain following the use of force. b. EMS will be summoned to the scene to ensure delivery of appropriate medical treatment when: I. Requested by the subject(s) involved. ii. The extent of an injury is unknown or not visible. iii. The nature or extent of the injury dictates. c. Officers shall err on the side of caution, requesting EMS to respond to the scene if in doubt about the existence or extent of an injury. 4. Surrender of firearm. When officers discharge a firearm that results in personal injury or death to any person, the officer or employee shall surrender that firearm to his/her supervisor or a higher authority consistent with departmental directives. Firearms involved in police shooting incidents shall not be unloaded, cleaned, nor in anyway altered from the condition immediately following discharge other than to make the weapon safe for transport. a. When more than one officer or weapon has been involved in a shooting situation resulting in any injury or death, the involved weapons must be surrendered to the commanding officer in accordance with departmental directives. OPS-03.6 b. The commanding officer receiving such firearm or firearms shall immediately secure and document the same as evidence. B. LESS LETHAL FORCE Where deadly force is not authorized under this policy, officers should assess the incident in order to determine which less lethal technique will best de-escalate the incident and bring it under control in a safe manner. Officers shall use no more force than is reasonably necessary to gain control of an individual or situation. Officers are authorized to use force consistent with the Use of Force model. 2. An officer shall use no more force than that officer reasonably feels is necessary in the performance of their official duties. Use of force by an officer is justified in, but not limited to, the following situations: a. To protect the officer or others from physical harm. b. To control an arrestee or a potentially violent person. c. To restrain or subdue a resistant individual. Approved restraint devices are handcuffs (hinged and chain style), flex -cuffs and nylon leg restraints. d. To bring an unlawful situation safely and effectively under control. 3. Officers shall offer medical treatment to any non -combative person who has been exposed to a chemical irritant / OC spray. Officers shall decontaminate a person exposed to a chemical irritant and continue to monitor the condition of that person until they are no longer in the custody of the officer. C. NOTIFICATIONS Any officer who discharges a firearm in the course of their duty, shall immediately contact his/her supervisor. (This does not apply to animal euthanasia where supervisory permission to discharge the weapon must be sought prior to the destruction of the animal (see section B in "REPORTING USE OF FORCE INCIDENTS") or training situations) If this is not practical, the officer shall contact the on -duty patrol supervisor. The notified supervisor shall then contact the following individuals: a. The involved officer's Division Commander. I. It shall be the Division Commander's responsibility to notify the Chief of Police. ii. If the Division Commander cannot be notified, a watch supervisor shall notify the Chief of Police. OPS-03.7 b. The County Attorney of the county in which the incident occurred. C. The City Attorney. d. The City Manager. e. The Criminal Investigation Commander or his/her designee. f. Other as Required by the Mandatory Call Matrix 2. The on -duty watch supervisor shall be immediately notified or summoned to the scene of any incident where use of force results in a physical injury. 3. The on -duty watch supervisor shall be immediately notified when a chemical irritant / OC spray is utilized. 4. The on -duty watch supervisor shall be immediately noted when a conducted energy device is discharged. D. REPORTING USE OF FORCE INCIDENTS 1. Discharge of Firearms — report required. Any officer who discharges a firearm for any reason or purpose other than those exceptions listed in this section, shall make a written report to his/her immediate supervisor as soon as circumstances permit. This written report will then be forwarded through the chain of command to the Chief of Police for review. Exceptions to the requirement of a written report apply to the following circumstances in which no accident or injury results: a. The discharge of firearms on firearm ranges or in an area for firearms practice. b. Sporting events to include lawful hunting and organized shooting matches. 2. When, in accordance with applicable law, it becomes necessary for an officer to discharge a firearm to destroy an animal which presents a danger or is seriously injured or ill, the officer will, prior to discharging the firearm, request permission to do so from the on -duty supervisor. If such action must be immediately taken in order to protect the officer's or another person's safety, the officer need not delay action in order to request this permission. In this circumstance, however, the Watch Supervisor must be notified immediately after the firearm is used. A Use of Force report is required. 3. Administrative Review Committee. C91Z. M a. Use of force incidents shall be reviewed by a committee consisting of a minimum of three sworn personnel. I. The committee should consist of two supervisors as designated by the Chief of Police and one officer -preferably a use of force instructor. To provide differing perspectives, the Chief of Police may appoint multiple committees that alternate review responsibilities. ii. This group should, at a minimum, meet every month to review the Use of Force Reports from the previous month. iii. The purpose of this committee shall be to review all facts and reports concerning use of force incidents to determine whether policy, training, equipment, or disciplinary issues should be addressed. This committee will make recommendations on these matters to the Chief of Police. b. All non-use of force firearms discharges (e.g. accidental/negligent discharge), with the exception of the destruction of animals which are reviewed by the Use of Force Committee, shall be reviewed in a manner consistent with General Order 99-06: Internal Affairs Investigations as assigned by a Division Commander. I. At a minimum, this will consist of a Report of Inquiry and supervisory review. ii. The Division Commander and the Training and Accreditation Sergeant will review the investigation and findings to identify any training recommendations which are necessary, and/or any need for policy changes. Recommendations on these matters will be forwarded to the Chief of Police. 4. Use of Force Reports. a. A Use of Force Report with a written narrative regarding any use of force incident will be submitted in addition to any incident report. The report(s) shall contain the following information: i. Arrestee/suspect information. ii. Incident number(s), date and time of incident, and reporting officer. iii. Description of actual resistance encountered. iv. All required fields completed in Use of Force report. I v. The force used by the officer to overcome the resistance and the specific weapon or technique used. vi. A description of any alleged or actual injuries to either the officer or suspect. vii. Pictures taken of any injuries to either the officer or suspect. viii. Exposure to Chemical Irritant / OC spray will additionally require the documentation of medical treatment being offered, supervisor notification, and decontamination procedures. ix. A Conducted Energy Device deployment will additionally require the documentation of medical treatment, if medical treatment is refused by the suspect, supervisor notification, and the number of cycles/applications used. b. When the only use of force is the application of handcuffs, double locked, no use of force report is necessary. The application of handcuffs, double locked will be documented on a written complaint or citation or in the body of an incident report. c. A supervisor of the reporting person shall review the report for adherence to Department policy and procedure and document their conclusions. d. All reports concerning use of force shall be forwarded to the Sergeant of Planning/Research. e. The Captain of Field Operations and Chief of Police shall review all use of force reports where any participant is injured during the use of force and/or where a deadly force option has been utilized (excludes display of a weapon). 5. Executive Review. At a minimum, the Chief of Police and/or designee will conduct a documented analysis of all reports and incidents of force annually. An analysis of reports and incidents of force could reveal patterns or trends that indicate training needs, equipment upgrades and/or policy modifications. When any member of the police department is involved in an incident resulting in death or serious injury, a thorough and objective investigation of facts and circumstances will be initiated as soon as OPS-03.10 practical by the Chief of Police's designees and completed as soon as practical. 2. The Chief of Police or his/her designee shall decide whether the DCI and/or any other outside agency shall be called to assist in the investigation. 3. If an incident resulting in death or serious injury which involves a sworn Iowa City police officer occurs in another police jurisdiction, the officer shall cooperate with that jurisdiction, as set forth in Iowa City Police Department directives. 4. The on -duty watch commander/supervisor shall ensure that appropriate case reports are initiated and that potential evidence is preserved. The officer(s) or employee involved in the death or serious injury shall be relieved of field duty without the loss of pay or benefits, pending the results of the departmental investigation. Other officers or employees involved in the incident also may be relieved of field duty without loss of pay or benefits at the discretion of the Chief of Police, while the investigation is pending: a. The officer or employee shall be available at all times for official interviews and statements regarding the case, and shall be subject to recall to duty at any time. The officer or employee must receive permission from the Chief of Police, or from their Division Commander, prior to leaving the area. If such permission is given, the officer or employee shall supply the phone number(s) of his/her location and duration of the absence. The officer or employee will not discuss the case with anyone except the prosecuting attorney and/or persons designated by the Chief of Police or their designee. This does not prohibit the officer or employee from discussions with his/her attorney. If the officer or employee may be the subject of internal review or criminal charges, his/her constitutional rights and administrative protections will be maintained. The officer or employee will attend post -traumatic stress counseling at the discretion of the Chief of Police. c. At the discretion of the Chief of Police, the officer or employee may be returned to duty upon departmental receipt of notification from the counselor or mental health professional indicating the officer's fitness for duty. The investigation and administrative leave policy outlined herein is not intended to imply or indicate the officer or employee has acted improperly, but is designed to safeguard the officer or employee and the Department. OPS-03.11 7. The Chief of Police may appoint one or more individuals to conduct a separate yet parallel (administrative) investigation into a use of force incident to ensure all personnel followed departmental policies and guidelines. VI. USE OF FORCE MODEL A. Police officers are given the unique right to use force, even deadly force, against others for legitimate law enforcement purposes. The right to use force carries with it an obligation to use that force in a responsible manner. Police agencies have an obligation to provide their employees with the policies, training, and tools necessary to accomplish their mission. Selection of a use of force response from the options articulated in this model will be based on: the skills, knowledge, and ability of the officer; the perceived threat and amount of resistance offered by a subject; and consideration of the situational framework. A defined Use of Force Model will enhance the department's ability to manage the use of force and will benefit the officer by providing guidance, resources, and options. B. Officers of the Iowa City Police Department shall follow the principles of the Use of Force Model. The model describes an escalation of force, which is based on a reasonable officer's perception of threat or resistance. As a subject's resistance escalates, more force options become available to the officer. When resistance stops, the officer must de-escalate, but only after control (e.g. handcuffing) is accomplished. Officers of the Iowa City Police Department must generally employ the tools, tactics, and timing of force utilization consistent with the Model's proscription and training protocols. Due to the fact that officer/member of the public confrontations occur in environments that are potentially unpredictable, "tense, uncertain, and rapidly evolving" (Graham v. Connor, 109 S.Ct. 1865, 1872 (1989)) the officer may utilize tools, tactics, and timing outside the parameters of the Model. However, these applications of force must meet the same test of reasonableness as those which have been previously identified and approved by the Department. C. When safe under the totality of the circumstances and If time and circumstances permit, members of the department shall use de- escalation techniques in order to reduce the need for force. De-escalation techniques are actions used by members of the department that seek to minimize the likelihood of the need to use force during an incident and increase the likelihood of gaining voluntary compliance from a subject. Note that these techniques should only be employed when it is safe to do so. When safe and feasible under the totality of circumstances, members of the department shall attempt to slow down or stabilize the situation so that more time, options and resources are available for incident resolution. When time and circumstances reasonably permit, members of the department shall consider whether a subject's lack of compliance is a deliberate attempt to resist or an inability to comply based on factors including, but not limited to: Medical conditions Mental impairment Developmental disability Physical limitation Language barrier Drug interaction Behavioral crisis An officer's awareness of these possibilities, when time and circumstances reasonably permit, shall then be balanced against the facts of the incident facing the officer when deciding which tactical options are the most appropriate to bring the situation to a safe resolution. Mitigating the immediacy of threat gives officers of the department time to utilize extra resources, and increases time available to call more officers or specialty units. The number of officers on scene may increase the available force options and may increase the ability to reduce the overall force used. Other examples include: Placing barriers between an uncooperative subject and an officer Containing a threat Moving from a position that exposes officers to potential threats to a safer position Decreasing the exposure to potential threat by using - Distance - Cover - Concealment Communicating from a safe position intended to gain the subject's compliance, using: - Verbal persuasion - Advisements - Warnings OPS-03.13 Avoiding physical confrontation, unless immediately necessary (for example, to protect someone, or stop dangerous behavior) Using verbal de-escalation techniques to generate cooperation and gain voluntary compliance. Calling extra resources to assist or officers to assist: - More officers - CIT officers - Officers equipped with less -lethal tools - Supervisors. * Using any other tactics and approaches that attempt to achieve gaining the compliance of the subject. D. Reasonable officer's perception/Reasonable officer's response (see attached matrix) VII. CIVILIAN OFFICERS (COMMUNITY SERVICE AND ANIMAL CONTROL OFFICERS) A. Community Service Officers assigned to the road and Animal Control Officers shall carry chemical irritants (OC) under this policy for the sole purpose of self-defense from persons or from animals. B. When dealing with upset persons, civilian officers must first attempt to deescalate the situation, if it is reasonable to do so, by backing away from the situation to a place of safety (vehicle or other barrier) and calling for a sworn officer to come to the scene. If after attempting to deescalate the situation, the civilian officer reasonably believes that they are going to be assaulted, the officer may deploy their chemical irritant in a manner consistent with training. C. When dealing with aggressive animals, civilian officers should try backing away from the situation to a place of safety (vehicle or other barrier) and call for a sworn officer to come to the scene to assist. If the civilian officer is unable to make it to a place of safety and they reasonably believe that they may be attacked, the officer may deploy their chemical irritant at the animal in a manner consistent with training. D. Civilian officers that deploy chemical agents at a person are subject to all reporting requirements set forth in this policy. Additionally, they are responsible to immediately contact the on duty Watch supervisor as well as summoning medical personnel to the scene for any injuries. E. Civilian officers that deploy chemical agents at an animal shall notify their supervisor to make them aware that a chemical agent was deployed as well as the circumstances involved. 1019- F. When dealing with persons, a civilian officer will be held to the "Reasonable officer's perception/Reasonable officer's response" standard. (see level four and five in the attached matrix) VIII. PREREQUISITES TO CARRYING LETHAL / LESS LETHAL WEAPONS All personnel authorized to carry weapons intended for use of force application must receive training on their use from the perspectives of practical application and organizational policy. Instruction should include confirmation of employee understanding of legal implications and requirements, weapon specific operating and care procedures, documentation and reporting procedures, and obligations following the use of force. IX. FBI NATIONAL USE of FORCE DATA COLLECTION The Department voluntarily participates in the FBI National Use of Force Data Collection. The sergeant of planning and research shall track the following use of force incidents: When a fatality to a person occurs connected to a use of force by an Iowa City police officer. When there is serious bodily injury to a person connected to a use of force by an Iowa City police officer. For this section the definition of serious bodily injury will be based, in part, upon Title 18, United States Code, Section 2246 (4). The term "serious bodily injury" means "bodily injury that involves a substantial risk of death, unconsciousness, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty." In the absence of either death or serious bodily injury, when a firearm is discharged by an Iowa City police officer at or in the direction of a person. When an incident meeting the above criteria is met the sergeant of planning and research shall report the following information to the FBI: Incident Information Date and time of the incident Total number of officers who applied actual force during the incident Number of officers from the Iowa City Police Department who applied actual force during the incident Location of the incident (address or latitude/longitude) OPS-03.15 Location type of the incident (street, business, residence, restaurant, school, etc.) Did the officer(s) approach the subject(s)? Was it an ambush incident? Was a supervisor or a senior officer acting in a supervisory capacity present or consulted at any point during the incident? What was the reason for initial contact between the subject and the officer (response to unlawful or suspicious activity, routine patrol, traffic stop, etc.)? If the initial contact was due to "unlawful or criminal activity," what were the most serious reported offenses committed by the subject prior to or at the time of the incident? If applicable, the National Incident -Based Reporting System or local incident number of the report detailing criminal incident information on the subject and/or assault or homicide of a law enforcement officer If the incident involved multiple law enforcement agencies, the case numbers for the local use -of -force reports at the other agencies Subject Information - Age, sex, race, ethnicity, height, and weight - Injury/death of subject(s) (gunshot wound, apparent broken bones, unconsciousness, etc.) - Type(s) of force used connected to serious bodily injury or death (firearm, electronic control weapon, explosive device, blunt instrument, etc.) - Did the subject(s) resist? - Was the threat by the subject(s) directed to the officer or to another party? Type(s) of subject resistance/weapon involvement (threatened officer, threatened others, threatened self, active aggression, firearm, attempt to flee, etc.) Was there an apparent or known impairment in the physical condition of subject? If yes, indicate which (mental health/alcohol/drugs/unknown) At any time during the incident, was the subject(s) armed or believed to be armed with a weapon? OPS-03.16 Officer Information Age, sex, race, ethnicity, height, and weight Years of service as a law enforcement officer (total tenure, number of years) At the time of the incident, was the officer a full-time employee? Was the officer readily identifiable? Was the officer on duty at the time of the incident? Did the officer discharge a firearm? Was the officer injured? What was the officer's injury type (gunshot wound, apparent broken bones, severe laceration, unconsciousness, etc.) Jody Matherly, Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of higher legal standard of safety or care in an evidentiary sense with respect to third -party claims. Violations of this directive will only form the basis for departmental administrative sanctions. LEVEL ONE Perception — Subject is compliant OPS-03 17 Response — Cooperative controls (includes: mental preparation, spatial positioning, communications skills, handcuffing positions and techniques, searching techniques, arrest and transport controls) COOPERATIVE • -• USE OF FORCE MODEL - FUNCTIONAL PROFILE COMPLIANT: LEVEL 1 COOPERATIVE CONTROLS > PERCEPTION SKILLS MENTAL PREPARATION > RISK ASSESSMENT > SURVIVAL ORIENTATION > OFFICER STANCE SPATIAL POSITIONING > BODY LANGUAGE > RELATIVE POSITIONING VERBAL - VERBAL COMMANDSIDIRECTIVES COMMUNICATION SKILLS ' - VERBAL DE-ESCALATION TECHNIQUES > NON-VERBAL > WALL > STANDING HANDCUFFING POSITIONS > PRONE > KNEELING HANDCUFFING TECHNIQUE > CONTROLLED > WALL > STANDING SEARCHING TECHNIQUES > PRONE > KNEELING > OPPOSITE SEX SPECIALIZED TECHNIQUES > FRISK > STRIP > SINGLE OFFICER ARREST TECHNIQUES > MULTIPLE OFFICERS > SINGLE OFFICER ESCORT CONTROLS > MULTIPLE OFFICERS > SINGLE OFFICER TRANSPORT CONTROLS > MULTIPLE OFFICERS LEVEL TWO Perception — Subject is passively resistant Response — Contact controls (includes: contact controls, conflict management techniques, M mass formation arrest techniques — multiple officer lifts, stretchers, wheelchairs etc.) USE OF FORCE MODEL -FUNCTIONAL PROFILE RESISTIVE (Passive): LEVEL 2 CONTACT CONTROLS FORCE OPTIONS also includes all options from lower Levels > VERBAL COMMUNICATION SKILLS - VERBAL DIRECTIVES -VERBAL DE-ESCALATION TECHNIQUES >NON-VERBAL > ARM CONTACT CONTROLS > WRIST > HAND > ESCORT TECHNIQUES ARREST TECHNIQUES > TRANSPORT TECHNIQUES > MASS FORMATION OPS-03.19 LEVEL THREE Perception — Subject is actively resistant Response — Compliance techniques (includes: neuromuscular controls, joint manipulation, nerve compression, chemical irritants, e.g. OC spray, controlled stopping devices for fleeing vehicle incidents) COMPLIANCE TECHNIQUES USE OF FORCE MODEL - FUNCTIONAL PROFILE RESISTANT (Active): LEVEL 3 COMPLIANCE TECHNIQUES FORCE OPTIONS also includes all options from lower Levels > NERVE COMPRESSION TECHNIQUES COMPLIANCE CONTROLS > CHEMICAL IRRITANTS, CROWD CONTROL CHEMICAL MUNITIONS > CONTROL TACTICS > HEAD NERVE COMPRESSION TECHNIQUES: > NECK NEURO-MUSCULAR CONTROLS > ARM > LEG CONTROL TACTICS > WRIST ROTATION > ELBOW LEVERAGE BICYCLE > TAKE DOWN TECHNIQUES VEHICLE PURSUIT TACTICS > COMMUNICATIONS/ASSESSMENT SKILLS > PACING/TRAILING TECHNIQUES C479.�1 LEVEL FOUR Perception — Subject is physically assaultive and may cause bodily injury Response — Defensive tactics (includes: personal weapon defense, e.g. hands, knees, feet, active countermeasures, etc.; impact weapons, e.g. ASP, weapon retention techniques, conducted energy devices) USE OF FORCE MODEL - FUNCTIONAL PROFILE ASSAULTIVE Potential Bodily Harm): LEVEL 4 DEFENSIVE TACTICS FORCE OPTIONS also includes all options from lower Levels > HEAD > HANDS PERSONAL WEAPON DEFENSES > ELBOWS > FEET > KNEES IMPACT WEAPONS (ASP) > STRIKES > IMPACT PROJECTILES > CANINE OPERATIONS LESS LETHAL WEAPONS > CONDUCTED ENERGY DEVICES > OTHER OPTIONS > FRONT WEAPON RETENTION TECHNIQUES (Less Lethal) > REAR > SIDE OTHER WEAPONS CANINE* > CONTROL/APPREHENSION TECHNIQUES *Deployment of canine for apprehension/protection shall be preceded by actions of suspect which are consistent with Level 4 (Assaultive — Potential Bodily Harm) behavior. The exception to this is the deployment of canine for building searches or related circumstances, where the suspect actions are not known. In this circumstance procedures spelled out in the "Canine Operations" General Order (99-04) shall be followed. OPS-03.21 LEVEL FIVE Perception - Subject is assaultive and likely to cause SERIOUS bodily injury or death Response- Deadly force (includes: weapon/weapons attack defense, lethal force utilization with service/supplemental weapons, forcible stopping techniques for assault with vehicle incidents) USE OF FORGE MODEL - FUNCTIONAL PROFILE ASSAULTIVE (Serious Bodily Harm/Death): LEVEL 5 DEADLY FORCE FORCE OPTIONS also includes all options from lower Levels > WEAPON ATTACK DEFENSE > WEAPONLESS > WEAPON RETENTION TECHNIQUES LETHAL FORCE UTILIZATION > SERVICE WEAPON > SUPPLEMENTAL WEAPON > OTHER OPTIONS OTHER OPTIONS: FORCIBLE STOPPING TECHNIQUES > CONTACT > ROADBLOCK REDLINE VERSION Red highlights are deletions Green highlights are additions USE OF FORCE Original Date of Issue General Order Number April 28, 2001 99-05 Effective Date of Reissue Section Code October 23, 2019 1 OPS-03 Reevaluation Date Amends October 2020 C.A.L.E.A. Reference 1.3.1—1.3.8, 1.3.13 (see `INDEX AS") INDEX AS; • Use of Force • Reporting • Significant Force • Investigation • Use of Force Model • Canine • Arrests • Warning Shots OPS-03.1 I. PURPOSE The purpose of this policy is to provide members of the Iowa City Police Department with guidelines on the use of deadly and non -deadly force. II. POLICY The Iowa City Police Department recognizes and respects the value and special integrity of each human life. In investing officers with the lawful authority to use force to protect the public welfare, a careful balancing of all human interests is required. Therefore, it is the policy of the Iowa City Police Department that police officers shall use only that force that is reasonable and necessary to accomplish lawful objectives and effectively bring an incident under control, while protecting the lives of the officers and others. III. DEFINITIONS A. Deadly Force (Section 704.2, Code of Iowa) — For the purpose of this policy, shall mean any of the following: Force used for the purpose of causing serious injury. Force which the actor knows, or reasonably should know, will create a strong probability that serious injury will result. 3. The discharge of a firearm, in the direction of some person with the knowledge of the person's presence there, even though no intent to inflict serious physical injury can be shown. 4. The discharge of a firearm, at a vehicle in which a person is known to be. B. Serious Iniury (Section 702.18 Code of Iowa) — Means 1. disabling mental illness; or 2. bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. C. Use of Force — Any contact applied by an officer that significantly restricts or alters the actions of another and/or compels compliance with the demands or instructions of the officer. This includes the use of restraint devices such as handcuffs. D. Verbal Commands/Directives — Verbal communication by an officer directing someone to perform or not to perform an act: e.g. "Stop", "Don't move", "Put your hands up", or "Get on the ground". E. De-escalation - Taking action to stabilize a situation and reduce the immediacy of a threat so that more time, options, and resources are available to resolve the situation. The goal of de-escalation is to gain the voluntary compliance of subjects, when feasible, and thereby reduce or eliminate the necessity to use physical force. F. De-escalation Techniques - Actions used by members of the department, that seek to minimize the likelihood of the need to use force during an incident and increase the likelihood of gaining voluntary compliance from a subject. Note that these techniques should only be employed when it is safe to do so. IV. THE REASONABLENESS OF THE USE OF FORCE The use of force is analyzed under the Fourth Amendment. "The right to be free from excessive force is included under the Fourth Amendment's prohibition against unreasonable seizure of the person." Andrews v. FUOss, 417 F.3d 813, OPS-03.3 818 (8th Cir. 2005). On the other hand, "the right to make an arrest or investigatory stop necessarily carries with it the right to use some degree of physical coercion or threat thereof to effect it." Graham v. Connor, 109 S.Ct. 1865, 1872 (1989). A. Reasonable Officer: Objective Standard 1. "The 'Reasonableness' of a particular use of force must be judged from the perspective of a reasonable officer on the scene rather than with the 20i20 vision of hindsight." Graham v. Connor, 109 S.Ct. 1865, 1872 (1989). 2. "Reasonableness" also takes into account that police officers make judgments in a split second under circumstances that are "tense, uncertain, and rapidly evolving - about the amount of force that is necessary in a particular situation." Graham v. Connor, 109 S.Ct. 1865, 1872 (1989). 3. Reasonableness is "not capable of precise definition or mechanical application." Bell v. Wolfish, 441 U.S. 520, 559 (1979). Reasonableness is determined by the totality of circumstances, which include the "severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight." Graham v. Connor, 109 S.Ct. 1865, 1872 (1989). B. The Code of Iowa authorizes the use of force in making an arrest and preventing an escape. 1. Section 804.8 Use of force by peace officer making an arrest. A peace officer, while making a lawful arrest, is justified in the use of any force which the peace officer reasonably believes to be necessary to effect the arrest or to defend any person from bodily harm while making the arrest. However, the use of deadly force is only justfed when a person cannot be captured any other way and either: a. The person has used or threatened to use deadly force in committing a felony, or b. The peace officer reasonably believes the person would use deadly force against any person unless immediately apprehended. A peace officer making an arrest pursuant to an invalid warrant is justified in the use of any force which the peace officer would be justified in using if the warrant were valid, unless the peace officer knows that the warrant is invalid. 2. Section 804.13 Use of force in preventing an escape. A peace officer or other person who has an arrested person in custody is justified in the use of such force to prevent the escape of the arrested person •' 1 from custody as the officer or other person would be justified in using if the officer or other person were arresting such person. V. PROCEDURES a ,1 •. 1. Purpose of statement a. To delineate the Department's policy regarding the use of deadly force. b. To establish policies under which the use of deadly force is permissible. 2. Policy Officers of the Iowa City Police Department may use deadly force to stop or incapacitate an assailant to prevent serious bodily injury or death. For this purpose and to minimize danger to innocent bystanders, the officer should shoot at the center body mass, whenever possible. b. An officer may use deadly force to protect him/her or others from what he/she reasonably believes to be an imminent threat of death or serious injury. c. An officer may use deadly force to effect the capture or prevent escape if: I. The person used or threatened to use deadly force in committing a felony, and ii. The peace officer reasonably believes the person would use deadly force against a person unless immediately apprehended. d. no distinction shall be made relative to the age of the intended target. e. Warning shots by officers of the Iowa City Police Department are prohibited. f. A verbal warning shall be utilized prior to an officer discharging a weapon unless it would compromise the safety of the officer or others. g. Shooting at or from a moving vehicle is prohibited, except under the following circumstances: I. When the occupant of the vehicle is utilizing deadly force against the police officer or other persons. ii. As a last resort to prevent death or serious injury to officers or other persons. iii. As a last resort to apprehend a person who has just committed a felony resulting in death or serious injury. iv. The discharge of firearms shall not be utilized when circumstances do not provide a high probability of striking an intended target or when there is substantial risk to the safety of other persons, including the risk of causing vehicle accidents. 3. Injuries resulting from use of force. a. Officers shall render appropriate first aid to any person injured or complaining of pain following the use of force. b. EMS will be summoned to the scene to ensure delivery of appropriate medical treatment when: I. Requested by the subject(s) involved. ii. The extent of an injury is unknown or not visible. iii. The nature or extent of the injury dictates. c. Officers shall err on the side of caution, requesting EMS to respond to the scene if in doubt about the existence or extent of an injury. 4. Surrender of firearm. When officers discharge a firearm that results in personal injury or death to any person, the officer or employee shall surrender that firearm to his/her supervisor or a higher authority consistent with departmental directives. Firearms involved in police shooting incidents shall not be unloaded, cleaned, nor in any way altered from the condition immediately following discharge other than to make the weapon safe for transport. a. When more than one officer or weapon has been involved in a shooting situation resulting in any injury or death, the involved weapons must be surrendered to the commanding officer in accordance with departmental directives. The commanding officer receiving such firearm or firearms shall immediately secure and document the same as evidence. B. LESS LETHAL FORCE Where deadly force is not authorized under this policy, officers should assess the incident in order to determine which less lethal technique will best de-escalate the incident and bring it under control in a safe manner. Officers shall use no more force than is reasonably necessary to gain control of an individual or situation. Officers are authorized to use force consistent with the Use of Force model. 2. An officer shall use no more force than that officer reasonably feels is necessary in the performance of their official duties. Use of force by an officer is justified in, but not limited to, the following situations: a. To protect the officer or others from physical harm. b. To control an arrestee or a potentially violent person. c. To restrain or subdue a resistant individual. Approved restraint devices are handcuffs (hinged and chain style), flex -cuffs and nylon leg restraints. d. To bring an unlawful situation safely and effectively under control. 3. Officers shall offer medical treatment to any non -combative person who has been exposed to a chemical irritant / OC spray. Officers shall decontaminate a person exposed to a chemical irritant and continue to monitor the condition of that person until they are no longer in the custody of the officer. C. NOTIFICATIONS Any officer who discharges a firearm in the course of their duty, shall immediately contact his/her supervisor. (This does not apply to animal euthanasia where supervisory permission to discharge the weapon must be sought prior to the destruction of the animal (see section B in "REPORTING USE OF FORCE INCIDENTS") or training situations) If this is not practical, the officer shall contact the on -duty patrol supervisor. The notified supervisor shall then contact the following individuals: a. The involved officer's Division Commander. 1. It shall be the Division Commander's responsibility to notify the Chief of Police. . ii. If the Division Commander cannot be notified, a watch supervisor shall notify the Chief of Police. OPS-43.7 b. The County Attorney of the county in which the incident occurred. c. The City Attorney. d. The City Manager. e. The Criminal Investigation Commander or his/her designee. f. Other as Required by the Mandatory Call Matrix 2. The on -duty watch supervisor shall be immediately notified or summoned to the scene of any incident where use of force results in a physical injury. The on -duty watch supervisor shall be immediately notified when a chemical irritant / OC spray is utilized. 4. The on -duty watch supervisor shall be immediately notified when a conducted energy device is discharged. D. REPORTING USE OF FORCE INCIDENTS 1. Discharge of Firearms— report required. Any officer who discharges a firearm for any reason or purpose other than those exceptions listed in this section, shall make a written report to his/her immediate supervisor as soon as circumstances permit. This written report will then be forwarded through the chain of command to the Chief of Police for review. Exceptions to the requirement of a written report apply to the following circumstances in which no accident or injury results: a. The discharge of firearms on firearm ranges or in an area for firearms practice. b. Sporting events to include lawful hunting and organized shooting matches. 2. When, in accordance with applicable law, it becomes necessary for an officer to discharge a firearm to destroy an animal which presents a danger or is seriously injured or ill, the officer will, prior to discharging the firearm, request permission to do so from the on -duty supervisor. If such action must be immediately taken in order to protect the officer's or another person's safety, the officer need not delay action in order to request this permission. In this circumstance, however, the Watch Supervisor must be notified immediately after the firearm is used. A Use of Force report is required. 3. Administrative Review Committee. Use of force incidents shall be reviewed by a committee consisting of a minimum of three sworn personnel. i. The committee should consist of two supervisors as designated by the Chief of Police and one officer -preferably a use of force instructor. To provide differing perspectives, the Chief of Police may appoint multiple committees that alternate review responsibilities. ii. This group should, at a minimum, meet every month to review the Use of Force Reports from the previous month. W. The purpose of this committee shall be to review all facts and reports concerning use of force incidents to determine whether policy, training, equipment, or disciplinary issues should be addressed. This committee will make recommendations on these matters to the Chief of Police. b. All non-use of force firearms discharges (e.g. accidental/negligent discharge), with the exception of the destruction of animals which are reviewed by the Use of Force Committee, shall be reviewed in a manner consistent with General Order 99-06: Internal Affairs Investigations as assigned by a Division Commander. At a minimum, this will consist of a Report of Inquiry and supervisory review. ii. The Division Commander and the Training and Accreditation Sergeant will review the investigation and findings to identify any training recommendations which are necessary, and/or any need for policy changes. Recommendations on these matters will be forwarded to the Chief of Police. 4. Use of Force Reports. a. A Use of Force Report with a written narrative regarding any use of force incident will be submitted in addition to any incident report. The report(s) shall contain the following information: i. Arrestee/suspect information. ii. Incident number(s), date and time of incident, and reporting officer. ill. Description of actual resistance encountered. iv. All required fields completed in Use of Force report. 19 OPS-03.9 v. The force used by the officer to overcome the resistance and the specific weapon or technique used. vi. A description of any alleged or actual injuries to either the officer or suspect. vii. Pictures taken of any injuries to either the officer or suspect. viii. Exposure to Chemical Irritant / OC spray will additionally require the documentation of medical treatment being offered, supervisor notification, and decontamination procedures. ix. A Conducted Energy Device deployment will additionally require the documentation of medical treatment, if medical treatment is refused by the suspect, supervisor notification, and the number of cycles/applications used. When the only use of force is the application of handcuffs, double locked, no use of force report is necessary. The application of handcuffs, double locked will be documented on a written complaint or citation or in the body of an incident report. c. A supervisor of the reporting person shall review the report for adherence to Department policy and procedure and document their conclusions. d. All reports concerning use of force shall be forwarded to the Sergeant of Planning/Research. e. The Captain of Field Operations and Chief of Police shall review all use of force reports where any participant is injured during the use of force and/or where a deadly force option has been utilized (excludes display of a weapon). 5. Executive Review. At a minimum, the Chief of Police and/or designee will conduct a documented analysis of all reports and incidents of force annually. An analysis of reports and incidents of force could reveal patterns or trends that indicate training needs, equipment upgrades and/or policy modifications. When any member of the police department is involved in an incident resulting in death or serious injury, a thorough and objective investigation of facts and circumstances will be initiated as soon as C97$►'$IMU41 practical by the Chief of Police's designees and completed as soon as practical. 2. The Chief of Police or his/her designee shall decide whether the DCI and/or any other outside agency shall be called to assist in the investigation. 3. If an incident resulting in death or serious injury which involves a sworn Iowa City police officer occurs in another police jurisdiction, the officer shall cooperate with that jurisdiction, as set forth in Iowa City Police Department directives. 4. The on -duty watch commander/supervisor shall ensure that appropriate case reports are initiated and that potential evidence is preserved. 5. The officer(s) or employee involved in the death or serious injury shall be relieved of field duty without the loss of pay or benefits, pending the results of the departmental investigation. Other officers or employees involved in the incident also may be relieved of field duty without loss of pay or benefits at the discretion of the Chief of Police, while the investigation is pending: The officer or employee shall be available at all times for official interviews and statements regarding the case, and shall be subject to recall to duty at any time. The officer or employee must receive permission from the Chief of Police, or from their Division Commander, prior to leaving the area. If such permission is given, the officer or employee shall supply the phone number(s) of his/her location and duration of the absence. b. The officer or employee will not discuss the case with anyone except the prosecuting attorney and/or persons designated by the Chief of Police or their designee. This does not prohibit the officer or employee from discussions with his/her attorney. If the officer or employee may be the subject of internal review or criminal charges, his/her constitutional rights and administrative protections will be maintained. The officer or employee will attend post -traumatic stress counseling at the discretion of the Chief of Police. c. At the discretion of the Chief of Police, the officer or employee may be returned to duty upon departmental receipt of notification from the counselor or mental health professional indicating the officer's fitness for duty. 6. The investigation and administrative leave policy outlined herein is not intended to imply or indicate the officer or employee has acted improperly, but is designed to safeguard the officer or employee and the Department. OPS-03.11 7. The Chief of Police may appoint one or more individuals to conduct a separate yet parallel (administrative) investigation into a use of force incident to ensure all personnel followed departmental policies and guidelines. VI. USE OF FORCE MODEL A. Police officers are given the unique right to use force, even deadly force, against others for legitimate law enforcement purposes. The right to use force carries with it an obligation to use that force in a responsible manner. Police agencies have an obligation to provide their employees with the policies, training, and tools necessary to accomplish their mission. Selection of a use of force response from the options articulated in this model will be based on: the skills, knowledge, and ability of the officer; the perceived threat and amount of resistance offered by a subject; and consideration of the situational framework. A defined Use of Force Model will enhance the department's ability to manage the use of force and will benefit the officer by providing guidance, resources, and options. B. Officers of the Iowa City Police Department shall follow the principles of the Use of Force Model. The model describes an escalation of force, which is based on a reasonable officer's perception of threat or resistance. As a subject's resistance escalates, more force options become available to the officer. When resistance stops, the officer must de-escalate, but only after control (e.g. handcuffing) is accomplished. Officers of the Iowa City Police Department must generally employ the tools, tactics, and timing of force utilization consistent with the Model's proscription and training protocols. Due to the fact that officer/member of the public confrontations occur in environments that are potentially unpredictable, "tense, uncertain, and rapidly evolving" (Graham v. Connor, 109 S.Ct. 1865, 1872 (1989)) the officer may utilize tools, tactics, and timing outside the parameters of the Model. However, these applications of force must meet the same test of reasonableness as those which have been previously identified and approved by the Department. C. When safe under the totality of the circumstances and if time and circumstances permit, members of the department shall use de- escalation techniques in order to reduce the need for force. De-escalation techniques are actions used by members of the department that seek to minimize the likelihood of the need to use force during an incident and increase the likelihood of gaining voluntary compliance from a subject. Note that these techniques should only be employed when it is safe to do so. OPS-Q3.12 When safe and feasible under the totality of circumstances, members of the department shall attempt to slow down or stabilize the situation so that more time, options and resources are available for incident resolution. When time and circumstances reasonably permit, members of the department shall consider whether a subject's lack of compliance is a deliberate attempt to resist or an inability to comply based on factors including, but not limited to: Medical conditions Mental impairment Developmental disability Physical limitation Language barrier Drug interaction Behavioral crisis An officer's awareness of these possibilities, when time and circumstances reasonably permit, shall then be balanced against the facts of the incident facing the officer when deciding which tactical options are the most appropriate to bring the situation to a safe resolution. Mitigating the immediacy of threat gives officers of the department time to utilize extra resources, and increases time available to call more officers or specialty units. The number of officers on scene may increase the available force options and may increase the ability to reduce the overall force used. Other examples include: Placing barriers between an uncooperative subject and an officer Containing a threat Moving from a position that exposes officers to potential threats to a safer position Decreasing the exposure to potential threat by using - Distance - Cover - Concealment Communicating from a safe position intended to gain the subject's compliance, using: - Verbal persuasion - Advisements - Warnings OPS-03.13 Avoiding physical confrontation, unless immediately necessary (for example, to protect someone, or stop dangerous behavior) Using verbal de-escalation techniques to generate cooperation and gain voluntary compliance. Calling extra resources to assist or officers to assist: - More officers - CIT officers - Officers equipped with less -lethal tools - Supervisors. Using any other tactics and approaches that attempt to achieve gaining the compliance of the subject. D. Reasonable officer's perception/Reasonable officer's response (see attached matrix) VII. CIVILIAN OFFICERS (COMMUNITY SERVICE AND ANIMAL CONTROL OFFICERS) A. Community Service Officers assigned to the road and Animal Control Officers shall carry chemical irritants (OC) under this policy for the sole purpose of self-defense from persons or from animals. B. When dealing with upset persons, civilian officers must first attempt to deescalate the situation, if it is reasonable to do so, by backing away from the situation to a place of safety (vehicle or other barrier) and calling for a sworn officer to come to the scene. If after attempting to deescalate the situation, the civilian officer reasonably believes that they are going to be assaulted, the officer may deploy their chemical irritant in a manner consistent with training. C. When dealing with aggressive animals, civilian officers should try backing away from the situation to a place of safety (vehicle or other barrier) and call for a sworn officer to come to the scene to assist. If the civilian officer is unable to make it to a place of safety and they reasonably believe that they may be attacked, the officer may deploy their chemical irritant at the animal in a manner consistent with training. D. Civilian officers that deploy chemical agents at a person are subject to all reporting requirements set forth in this policy. Additionally, they are responsible to immediately contact the on duty Watch supervisor as well as summoning medical personnel to the scene for any injuries. E. Civilian officers that deploy chemical agents at an animal shall notify their supervisor to make them aware that a chemical agent was deployed as well as the circumstances involved. When dealing with persons, a civilian officer will be held to the "Reasonable officer's perception/Reasonable officer's response" standard. (see level four and five in the attached matrix) VIII. PREREQUISITES TO CARRYING LETHAL / LESS LETHAL WEAPONS All personnel authorized to carry weapons intended for use of force application must receive training on their use from the perspectives of practical application and organizational policy. Instruction should include confirmation of employee understanding of legal implications and requirements, weapon specific operating and care procedures, documentation and reporting procedures, and obligations following the use of force. IX. FBI NATIONAL USE of FORCE DATA COLLECTION The Department voluntarily participates in the FBI National Use of Force Data Collection. The sergeant of planning and research shall track the following use of force incidents: When a fatality to a person occurs connected to a use of force by an Iowa City police officer. When there is serious bodily injury to a person connected to a use of force by an Iowa City police officer. For this section the definition of serious bodily injury will be based, in part, upon Title 18, United States Code, Section 2246 (4). The term "serious bodily injury" means "bodily injury that involves a substantial risk of death, unconsciousness, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty." In the absence of either death or serious bodily injury, when a firearm is discharged by an Iowa City police officer at or in the direction of a person. When an incident meeting the above criteria is met the sergeant of planning and research shall report the following information to the FBI: Incident Information Date and time of the incident Total number of officers who applied actual force during the incident Number of officers from the Iowa City Police Department who applied actual force during the incident Location of the incident (address or latitude/longitude) OPS-03.15 Location type of the incident (street, business, residence, restaurant, school, etc.) Did the officer(s) approach the subject(s)? Was it an ambush incident? Was a supervisor or a senior officer acting in a supervisory capacity present or consulted at any point during the incident? What was the reason for initial contact between the subject and the officer (response to unlawful or suspicious activity, routine patrol, traffic stop, etc.)? If the initial contact was due to "unlawful or criminal activity," what were the most serious reported offenses committed by the subject prior to or at the time of the incident? If applicable, the National Incident -Based Reporting System or local incident number of the report detailing criminal incident information on the subject and/or assault or homicide of a law enforcement officer If the incident involved multiple law enforcement agencies, the case numbers for the local use -of -force reports at the other agencies Subject Information Age, sex, race, ethnicity, height, and weight Injury/death of subject(s) (gunshot wound, apparent broken bones, unconsciousness, etc.) Type(s) of force used connected to serious bodily injury or death (firearm, electronic control weapon, explosive device, blunt instrument, etc.) - Did the subject(s) resist? - Was the threat by the subject(s) directed to the officer or to another party? - Type(s) of subject resistance/weapon involvement (threatened officer, threatened others, threatened self, active aggression, firearm, attempt to flee, etc.) - Was there an apparent or known impairment in the physical condition of subject? If yes, indicate which (mental health/alcoholldrugs/u n known) - At any time during the incident, was the subject(s) armed or believed to be armed with a weapon? OPS-Q3.16 Officer Information Age, sex, race, ethnicity, height, and weight - Years of service as a law enforcement officer (total tenure, number of years) - At the time of the incident, was the officer a full-time employee? - Was the officer readily identifiable? - Was the officer on duty at the time of the incident? - Did the officer discharge a firearm? - Was the officer injured? - What was the officer's injury type (gunshot wound, apparent broken bones, severe laceration, unconsciousness, etc.) Jody Matherly, Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of higher legal standard of safety or care in an evidentiary sense with respect to third -party claims. Violations of this directive will only form the basis for departmental administrative sanctions. LEVEL ONE Perception — Subject is compliant OPS-03.17 Response — Cooperative controls (includes: mental preparation, spatial positioning, communications skills, handcuffing positions and techniques, searching techniques, arrest and transport controls) COOPERATIVE • • USE OF FORCE MODEL - FUNCTIONAL PROFILE COMPLIANT: LEVEL 1 COOPERATIVE CONTROLS > PERCEPTION SKILLS MENTAL PREPARATION > RISK ASSESSMENT > SURVIVAL ORIENTATION > OFFICER STANCE SPATIAL POSITIONING > BODY LANGUAGE > RELATIVE POSITIONING VERBAL > VERBAL COMMANDS/DIRECTIVES COMMUNICATION SKILLS - VERBAL DE-ESCALATION TECHNIQUES > NON-VERBAL > WALL HANDCUFFING POSITIONS > STANDING > PRONE > KNEELING HANDCUFFING TECHNIQUE > CONTROLLED > WALL SEARCHING TECHNIQUES > STANDING > PRONE > KNEELING > OPPOSITE SEX SPECIALIZED TECHNIQUES > FRISK > STRIP ARREST TECHNIQUES > SINGLE OFFICER > MULTIPLE OFFICERS ESCORT CONTROLS > SINGLE OFFICER > MULTIPLE OFFICERS TRANSPORT CONTROLS > SINGLE OFFICER > MULTIPLE OFFICERS LEVEL TWO Perception — Subject is passively resistant Response — Contact controls (includes: contact controls, conflict management techniques, 0 mass formation arrest techniques — multiple officer lifts, stretchers, wheelchairs etc.) USE OF FORCE MODEL -FUNCTIONAL PROFILE RESISTIVE (Passive): LEVEL 2 CONTACT CONTROLS FORCE OPTIONS also includes all options from lower Levels > VERBAL COMMUNICATION SKILLS - VERBAL DIRECTIVES -VERBAL DE-ESCALATION TECHNIQUES > NON-VERBAL > ARM CONTACT CONTROLS > WRIST > HAND > ESCORT TECHNIQUES ARREST TECHNIQUES > TRANSPORT TECHNIQUES > MASS FORMATION OPS-03.19 LEVEL THREE Perception — Subject is actively resistant Response — Compliance techniques (includes: neuromuscular controls, joint manipulation, nerve compression, chemical irritants, e.g. OC spray, controlled stopping devices for fleeing vehicle incidents) COMPLIANCE TECHNIQUES USE OF FORCE MODEL - FUNCTIONAL PROFILE RESISTANT (Active): LEVEL 3 COMPLIANCE TECHNIQUES FORCE OPTIONS also includes all options from lower Levels > NERVE COMPRESSION TECHNIQUES COMPLIANCE CONTROLS > CHEMICAL IRRITANTS, CROWD CONTROL CHEMICAL MUNITIONS > CONTROL TACTICS > HEAD NERVE COMPRESSION TECHNIQUES: > NECK NEURO-MUSCULAR CONTROLS > ARM > LEG C> WRIST ROTATION CONTROL TACTICS > ELBOW LEVERAGE BICYCLE > TAKE DOWN TECHNIQUES VEHICLE PURSUIT TACTICS > COMMUNICATIONS/ASSESSMENT SKILLS > PACING[TRAILING TECHNIQUES OPS-03.20 LEVEL FOUR Perception — Subject is physically assaultive and may cause bodily injury Response — Defensive tactics (includes: personal weapon defense, e.g. hands, knees, feet, active countermeasures, etc.; impact weapons, e.g. ASP, weapon retention techniques, conducted energy devices) USE OF FORCE MODEL - FUNCTIONAL PROFILE ASSAULTIVE Potential Bodily Harm): LEVEL 4 DEFENSIVE TACTICS FORCE OPTIONS also includes all options from lower Levels > HEAD > HANDS PERSONAL WEAPON DEFENSES > ELBOWS > FEET > KNEES IMPACT WEAPONS (ASP) > STRIKES > IMPACT PROJECTILES > CANINE OPERATIONS LESS LETHAL WEAPONS > CONDUCTED ENERGY DEVICES > OTHER OPTIONS > FRONT WEAPON RETENTION TECHNIQUES (Less Lethal) > REAR > SIDE OTHER WEAPONS > CONTROL/APPREHENSION CANINE* TECHNIQUES *Deployment of canine for apprehension/protection shall be preceded by actions of suspect which are consistent with Level 4 (Assaultive — Potential Bodily Harm) behavior. The exception to this is the deployment of canine for building searches or related circumstances, where the suspect actions are not known. In this circumstance procedures spelled out in the "Canine Operations" General Order (99-04) shall be followed. OPS-03.21 LEVEL FIVE Perception - Subject is assaultive and likely to cause SERIOUS bodily injury or death Response- Deadly force (includes: weapon/weapons attack defense, lethal force utilization with service/supplemental weapons, forcible stopping techniques for assault with vehicle incidents) USE OF FORCE MODEL - FUNCTIONAL PROFILE ASSAULTIVE (Serious Bodily Harm/Death): LEVEL 5 DEADLY FORCE FORCE OPTIONS also includes all options from lower Levels > WEAPON ATTACK DEFENSE > WEAPONLESS > WEAPON RETENTION TECHNIQUES > SERVICE WEAPON LETHAL FORCE UTILIZATION > SUPPLEMENTAL WEAPON > OTHER OPTIONS OTHER OPTIONS: > CONTACT FORCIBLE STOPPING TECHNIQUES > ROADBLOCK CITIZENS POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319) 356-5043 October 21, 2019 To: Police Chief Matherly From: Community Police Review Board Re: Suggested change ICPD General Orders 99-05 (Use of Force) OPS-03.4, V. PROCEDURES, A. Deadly Force 2. Policy Paragraph 2 (d): No distinction shall be made relative to the age of the intended target. Proposed revision to paragraph 2(d): Provided the criteria for paragraph 2(a), 2(b) or 2(c) have been satisfied, no distinction shall be made for the age of the intended target. Prepared by CPRB Member David Selmer COMMUNITY POLICE REVIEW BOARD OFFICE CONTACTS October 2019 Date Description None. November 12, 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): 09/24/19 CPRB meeting #4 (Review): 10/08/19 CPRB meeting #5 (Review): 11/12/19 CPRB report due (90 days): 09/30/19 CPRB report due (60 extension): 11/27/19 CPRB Complaint #19-03 Filed: 08/07/19 Chief's report due (90 days): 11/05/19 Chief's report filed: 11/05/19 CPRB meeting #1 (Review): 11/12/19 CPRB meeting #2 (Review): ??/??/?? CPRB report due (90 days): 02/03/20 CPRB Complaint #19-04 Filed: 08/07/19 Chief's report due (90 days): 11/05/19 Chief's report filed: 10/31/19 CPRB meeting #1 (Review): 11/12/19 CPRB meeting #2 (Review): ??/??/?? CPRB report due (90 days): 01/29/20 CPRB Complaint #19-05 Filed: 09/03/19 Chiefs report due (90 days): 12/02/19 Chief's report filed: ??/??/?? CPRB meeting #1 (Review): ??/??/?? CPRB meeting #2 (Review): ??/??/?? CPRB report due (90 days): ??R?(?? TENTATIVE MEETING SCHEDULE December 10, 2019 January 14, 2020 February 11, 2020 March 10, 2020