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HomeMy WebLinkAbout02-11-2020 Community Police Review BoardMEMORANDUM COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City DATE: February 5, 2020 TO: CPRB Members FROM: Chris Olney RE: Board Packet for meeting on Tuesday, February 11, 2020 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 2/11 /20 • Minutes of the meeting on 1/14/20 • ICPD General Order 99-08 (Body Worn Cameras & In -Car Recorders) • ICPD General Order 89-02 (Department Disciplinary Philosophy) • ICPD General Order 17-03 (Firearms) • Draft Community Forum Information • Updated Member Contact List • Office Contacts — January 2020 • Complaint Deadline AGENDA COMMUNITY POLICE REVIEW BOARD Tuesday, February 11, 202 HELLING CONFERENCE ROOM 410 E. Washington Street ITEM NO. 1 CALL TO ORDER and ROLL CALL ITEM NO.2 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED • Minutes of the meeting on 01/14/20 • ICPD General Order 99-08 (Body Worn Cameras & In -Car Recorders) • ICPD General Order 89-02 (Department Disciplinary Philosophy) • ICPD General Order 17-03 (Firearms) ITEM NO. 3 NEW BUSINESS ITEM NO.4 OLD BUSINESS • Community Forum Discussion 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 • March 10, 2020, 5:30 PM, Helling Conference Rm • April 14, 2020, 5:30 PM, Helling Conference Rm • April 27, 2020, 6:00 PM, IC Public Library Rm A (Community Forum) • May 12, 2020, 5:30 PM, Helling Conference Rm • June 9, 2020, 5:30 PM, Helling Conference Rm ITEM NO. 10 ADJOURNMENT Ifyou will need disability -related accommodations in order to participate in this program/event, 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 —January 14, 2020 CALL TO ORDER: Chair Monique Galpin called the meeting to order at 5:31 p.m. MEMBERS PRESENT: David Selmer, Orville Townsend MEMBERS ABSENT: Sam Conaway, Latisha McDaniel STAFF PRESENT: Staff Chris Olney, Legal Counsel Patrick Ford STAFF ABSENT: None OTHERS PRESENT: Iowa City Police Captain Bill Campbell RECOMMENDATIONS TO COUNCIL (1) Accept CPRB #19-03. CONSENT CALENDAR Motion by Townsend, seconded by Selmer, to adopt the consent calendar as presented or amended. Minutes of the meeting on 12/10/19 ICPD General Order 99-11 (Arrests) Motion carried, 3/0, Conaway and McDaniel absent. NEW BUSINESS Community Forum Discussion — Olney reminded the Board of the annual community forum. In previous years it was held in April and there was usually a discussion topic or presentation. Possible topics discussed by the board included • presentation on new body cameras • report. from Chief on overall department statistics (i.e. number officers, types of crimes) • introduction of either Daisy Torres or Travis Neeld and their roles within the department The specific forum topic and agenda will be discussed at the next regular meeting. The Board agreed to hold the forum at the Public Library on Monday April 27, 6:00 P.M. The specific forum topic and agenda would be discussed at the next regular meeting. OLD BUSINESS None. PUBLIC DISCUSSION Dean Able suggested facial recognition technology, ring doorbell program and body cameras as topics the public might be interested in for the community forum. BOARD INFORMATION None. CPRB January 14, 2020 STAFF INFORMATION Olney stated City Council member Janice Weiner had been appointed as the CPRB Liaison. EXECUTIVE SESSION Motion by Selmer, 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, Conaway and McDaniel absent. Open session adjourned at 5:41 P.M. REGULAR SESSION Returned to open session at 5:55 P.M. Motion by Townsend, seconded by Selmer to accept the Board's report for CPRB #19-03 and forward to City Council as amended. Motion Carried, 310, Conaway and McDaniel absent. Motion by Selmer, seconded by Townsend to set the level of review for CPRB Complaint #19-05 to 8-8-7(B)(1)(a) On the record with no additional investigation. Motion Carried, 3/0, Conaway and McDaniel absent. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subiect to change) • February 11, 2020, 5:30 p.m. Helling Conference Rm • March 10, 2020, 5:30 p.m. Helling Conference Rm • April 14, 2020, 5:30 p.m. Helling Conference Rm • April 27, 2020, 6:00 p.m. IC Public Library Rm A • May 12, 2020, 5:30 p.m. Helling Conference Rm Townsend advised he would be absent for the May meeting and Galpin has a possible conflict in April but will address it at the March meeting. ADJOURNMENT Motion for adjournment by Selmer, seconded by Townsend. Motion carried, 3/0, Conaway and McDaniel absent. Meeting adjourned at 5:56 p.m. COMMUNITY POLICE REVIEW BOARD ATTENDANCE RECORD YEAR 2019-2020 l Maafinn llafn\ 2/20/19 3112119 419/19 4129/19 5t14t19 6t11t19 �7/11119 $113119 9110119 9/24119 1018119 11/12/19 12t10l19 V14120 NAME NO QUORUM Donald X X X X X X King Monique X X X X X X X X X X X X X Gilpin Orville X X X X X X X X X X X O/E X Townsend Latisha O X X X X X O X X X X X 0/1 McDaniel —David O X X X X X O X X X X X x Selma Selmer Con Conaway — X X X X O/E O O KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting --- = Not a Member COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319)356-5041 January 14, 2020 To: City Council Complainant City Manager Equity Director Chief of Police Ec Officer(s) involved in complaint_ From: Community Police Review Boards Re: Investigation of CPRB Complaint #19-03 This is the Report of the Community Police Review Board's (the "Board") review of the investigation of Complaint CPRB #19-03 (the "Complaint"). 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)(5).) 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 August 7, 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 November 5, 2019. The Board voted on November 12, 2019 to apply the following Level of Review to the Chiefs Report: On the record with no additional review, pursuant to Iowa City Code Section 8 8-7(B)(1)(q). The Board met to consider the Report on November 12, 2019, December 10, 2019 and January 14, 2020. Prior to the November 12, 2019 meeting, the Board reviewed audio and video recordings of the incident. FINDINGS OF FACT Officer pulled the Complainant over for exceeding the speed limit. The Officer asked the Complainant to provide a driver's license, insurance and registration. The Complainant was unable to provide proof of insurance and stated that they were borrowing the vehicle. They also admitted that their license was suspended due to an OWL The Officer let the Complainant know they would need to tow the vehicle. However, the Officer did not properly remove the license plate according to code. ALLEGATION 1 — Improper towing of vehicle. Based on the code, the officer was within his duties to have the vehicle towed: The Complainant had no Proof of insurance and was driving on a suspended license. The board affirmed the onion set forth in the report of the police chief and/or city manager. Chiefs Conclusion -Not Sustained Board's Conclusion - Not Sustained U a y- r„ COMMENTS The Chiefs report addressed an additional finding that the Officer failed to remove the license plate prior to towing, although this was not a part of the Complaint Original Date of Issue General Order Number July 30, 1999 99-08 Effective Date of Reissue Section Code April 9, 2019 1 OPS-12 Reevaluation Date Amends April 2021 OPS-12 Previous Version (2013) C.A.L.E.A. Reference 41.3.8 (see "INDEX AS-") INDEX AS: Use of Force Internal Investigations Evidence Evaluations PURPOSE OPS-12.1 ,14 Zppp iowalCl/k iopp a The purpose of this policy is to identify when recording devices should be used and procedures to be followed when using the recording equipment. Note: this policy specifically does not govern nor apply to covert operations and any related recordings. Traffic Stops Recording Devices In -car Recorders Body Worn Cameras (BWC) 11. POLICY It is the policy of the Iowa City Police Department that all members serving a patrol or investigative function, to include road CSOs and Animal Control Officers, be required to use recording devices to collect evidence and document interactions between officers and the public. Only approved equipment will be used by department members and usage shall comply with the manufacturer's instructions. All videos are the property of the Iowa City Police Department. Any distribution of a video or portion of a video shall only be done with the authorization of the Chief of Police or his/her designee. The unauthorized playing or copying of any video is prohibited. OPS-12.2 Ill. DEFINITIONS Audio/video recording equipment consists of: In -car recorders to include a camera, recorder, flashcard and LCD Display. These units are within the vehicle. Body worn cameras (BWC) of a type selected and issued by the Department, are cameras worn on an individual officer's person that record and store audio, video and metadata evidence. IV. PROCEDURES The Iowa City Policy Department has adopted the use of the BWC and in- -car -recorders to accomplish several objectives. The primary objectives areas. follows: 1. BWCs and in -car recorders allow for accurate documentatM fdf p e- public contacts, arrests, and critical incidents. They also serve to., enhance the accuracy of officer reports and testimony in cc nit ieY 2. Audio and video recordings also enhance the Iowa City FC}I5'e��'ty' huva Department's ability to review probable cause for arrest, officer and suspect interaction, and evidence for investigative and prosecutorial purposes and to provide additional information for officer evaluation and training. 3. The BWC and in -car recorders may also be useful in documenting crime and accident scenes or other events that include the confiscation and documentation of evidence or contraband. The Commander of Administrative Services or his/her designee will supervise the use, storage, duplication and erasing of the material recorded by members of this department. If an officer notices that there is a problem with the equipment, he/she shall notify a watch supervisor. The watch supervisor will forward notification of the problem or malfunction to the Commander of Administrative Services or his/her designee. Only persons trained in the servicing of audio/visual equipment will service the equipment. Any defective unit will not be used, and when practical, will be removed from service until repaired. If an employee who is not trained in the use of the in -car recorder is assigned to a vehicle containing one, they should notify a supervisor at the conclusion of the assignment. The supervisor shall then assign identity to that portion of the video not identified. Officers are not required to inform the person(s) that the recording equipment is in use, however, it may be advantageous to do so to de-escalate a situation and possibly reduce the need to use force. People generally are on their best behavior when they know they are being recorded. OPS-12.3 Officers shall disclose the use of a video recorder upon inquiry. d L ILE LED OPERATION OF THE RECORDING APPARATUS JAN 2 c 2020 In -car RecordingA City Clerk Apparatus Iowa City, Iowa Officers shall log into the in -car recorder at the beginning of their shift and synch their BWC to the vehicle. Officers shall inspect and test the in -car recording system prior to each shift in order to verify proper functioning and shall notify their supervisor of any problems. In -car audio/visual recording units will be installed such that they are activated when: 1. turning on emergency lights 2. turning on siren 3. manual activation by pushing the ® record button 4. manual activation by activating a synched BWC 5. excessive speed with no lights or siren All traffic stops shall be recorded in their entirety. Officers should, to the extent possible, use the recording equipment to document the administration of field sobriety tests, remembering that safety is the first priority. In addition to traffic stops, officers shall manually activate their recording equipment on calls for service and on self -initiated field activity if it involves an encounter with a person. Officers, if able, shall activate the in -car recorder system immediately upon being involved in a motor vehicle crash. It is recommended that officers give consideration to activating the in -car recorder system when responding to calls -for -service where video capture of persons/vehicles leaving the scene of incidents has investigative value. Once a recording unit has been activated it shall only be stopped when the incident in question is concluded unless allowed under this policy. When a recording is going to be made inside the Department by one of the OWI or interview room cameras the BWC and in -car system may be stopped if interior recordings are initiated. When leaving the Department, if still in the presence of the person, the in -car recorder shall be reactivated during transport of any person. When stopping a video recording it should whenever possible be done from the in -car recorder to allow classification to synch to the BWC as well. It is mandatory to give each video a classification at time of stopping the video. Officers shall be as accurate as possible when classifying videos to achieve required retention. OPS-12.4 Officers can choose from the list below in the vehicle when classifying a video. Video Classifications Retention Length 1-equipment check 30 days 2- Parking/motorist assist 180 days JAN 2 2020 3- Warning 180 days 4- CFS / no report 180 days 5- Accident 365 days 6- OWI 730 days 7-CFS / Report 365 days 8- Citation 365 days 9- Use of Force 730 days 10- Arrest 730 days 11- Robbery 730 days 12- Assault 730 days 13- Domestic 730 days 14- Death Investigation indefinite Upon completion of a recorded event the Officer shall use the CFS# classification to associate the call for service number associated to the video files. Body Worn Cameras (BWC) BWC's that are properly synched to an in -car device will automatically start when the in -car recorder is activated. The BWC will also start an in -car recorder when initiating a recording. When responding to a call for service officers shall activate the BWC prior to arriving on scene or at the first opportunity to safely do so. Additionally, officers shall activate the BWC at the initiation of any other law enforcement or investigative encounter between a police officer and a member of the public to include: Stops (including traffic stops), frisks, searches, arrests, consensual interviews and searches, enforcement actions of all kinds, and any encounter that becomes in any way hostile or confrontational. The BWC shall be activatec when a firearm is used to destroy an animal. Exceptions to this requirement include interviews with victims of sexual assault, domestic abuse, or other sensitive crimes, or the recording of witnesses who are concerned about retaliation if they are seen as cooperating with the police. Officers' may also use their discretion during routine and casual situations such as officers on foot or bike patrol who wish to converse with neighborhood residents and where turning on a video camera could make the encounter seem officious and may make the person reluctant to speak with the officer. Officers may also deactivate their BWC during the following types of situations: In locations where individuals have a reasonable expectation of privacy, such as a residence, they may decline to be recorded unless the recording OPS-12.5 is being made pursuant to an arrest or search of the residence or the individuals or other enforcement action is occurring in sucWMIqC'?V". The BWC shall remain activated until the event is completed in order to ensure the integrity of the recording unless the contact moves into an area restricted by this policy. Once an officer has finished investigating a collision and the involved parties have been released, the officer may deactivate the BWC prior to clearing the call to complete any paperwork. If an officer responds to assist with traffic control at the scene of a collision, fire or similar incident, the officer may deactivate the BWC as long as there is no interaction with persons or that interaction has ended. While on a tow call or issuing a parking citation as long as there is no interaction with persons or that interaction has ended and after capturing any violation or damage with the BWC. NOTE: The recording must be longer than 60 seconds in order for it to be accepted into the video system. Animal control calls (unless a firearm is used) as long as there is no interaction with persons or that interaction has ended. Other calls where there is no further interaction with persons or that interaction has ended, for example, an OWI investigation where the person has been taken to jail or otherwise released and the officer still has additional paperwork. When a recording is going to be made inside the Department by one of the OWI or interview room cameras, officers shall only deactivate their BWC after the appropriate room video system has been activated to avoid any lapses in recording. When leaving the Department, if still in the presence of the person, the BWC shall be reactivated prior to deactivating the DWI and interview room cameras to avoid any lapses in recording. If at any point during these types of calls any of the previously listed situations occur where a BWC is required, the BWC shall be reactivated. The above list is to serve as a guide and is not intended to be all inclusive. If in doubt, record it. If an officer fails to activate the BWC, fails to record the entire contact, or interrupts the recording, the officer shall document why a recording was not made, was interrupted, or was terminated. This is to include muting the audio. A brief statement in the recorder prior to the interruption shall be sufficient documentation. If an officer's BWC needs to be replaced during their watch for any reason, the patrol supervisor will use the WatchGuard Kiosk application to check out another camera for them to use. ,14N 2 i0?0 Procedures for BWC Use n Officers shall inspect and test the BWC prior to each shift in order to verify proper functioning and shall notify their supervisor of any problems. Officers who are assigned BWC equipment shall use the equipment unless otherwise authorized by supervisory personnel. Police personnel shall use only BWCs issued by this department. The BWC equipment and all data, images, video, and metadata captured, recorded, or otherwise produced by the equipment is the sole property of the agency. Police personnel who are assigned BWCs must complete an agency approved and/or provided training program to ensure proper use and operations. Additional training may be required at periodic intervals to ensure the continued effective use and operation of the equipment, proper calibration and performance, and to incorporate changes, updates, or other revisions in policy and equipment. BWC equipment is the responsibility of individual officers and will be used with reasonable care to ensure proper functioning. Equipment malfunctions shall be brought to the attention of the officer's supervisor as soon as possible so that a replacement unit may be procured. The BWC shall be worn on the officer's chest with clear view to the front (not blocked by clothing or other equipment) and properly oriented. Procedures for Both In -car Recorder and BWC Use Officers shall not edit, alter, erase, duplicate, copy, share, or otherwise distribute recordings in any manner without prior written authorization and approval of the Chief of Police or his or her designee. Officers are encouraged to inform their supervisor of any recordings that may be of value for training purposes. Requests for deletion of portions of the recordings (e.g., in the event of a personal recording) must be submitted in writing and approved by the Chief of Police or his or her designee. All requests and final decisions shall be kept on file. Officers shall note in their incident, arrest, and related reports when recordings were made during the incident in question. However, BWC recordings are not a replacement for written reports. Restrictions on Using the In -car Recorder or BWC OPS-12.7 In -car recorders and BWCs shall be used only in conjunction with official law enforcement duties and shall not be used to record the following: A# ,` 7(1p� • Encounters with undercover officers or confidential informar*Y"i C. , • When on break or otherwise engaged in personal activities. • Communications with other police personnel without the permission of the Chief of Police. • Unless in the scope of officers' official duties and with an articulable reason, officers will not use their in -car recorder or BWCs in any location where individuals have a reasonable expectation of privacy, such as a restroom or locker room. Storage and Release All files shall be securely downloaded periodically and no later than the end of each shift. Each file shall contain information related to the date, in -car recorder or BWC identifier, and assigned officer. All images and sounds recorded by the in -car recorder or BWC equipment are the exclusive property of the Iowa City Police Department. Accessing, copying, or releasing files for non -law enforcement purposes is strictly prohibited. All access to in -car recorder or BWC files must be specifically authorized by the Chief of Police or their designee, and all access is to be logged and available for audit to ensure that only authorized users are accessing the data for legitimate and authorized purposes. VIDEO RETENTION Proper classification of videos will determine how long a video is retained. If an improper classification is made for a series of recordings they can be reclassified through the software interface. Refer to section on video classification for standard retention lengths. If a video is part of a major case that will require longer or permanent retention a disk copy of all video should be requested and submitted to evidence by responsible officer or detective. VIDEO ACCESS PERMISSIONS Supervisors will have access to view all videos. Investigations user have view only access to all videos. All officers will have access to view their own video and recordings from the intox area. OPS-12.8 Supervisory Responsibilities ,JO2 At least on a semi-annual basis (Jan-Jun/Jul-Dec), supervisors will randomly* review two in -car or BWC recordings of each employee under their supervision to ensure that the equipment is operating properly and that officers are using the devices appropriately and in accordance with policy and to identify any areas in which additional training or guidance is required. On January 1st and August 1st of each year, each Watch Commander, Lieutenant of Investigations and Animal Control Supervisor, shall forward to the Commander of Field Operations the information on the prescribed form (Appendix A). *Randomly, for the purpose of this policy, means videos randomly selected that are not already being reviewed for another purpose. Media Card Control Normally, video for the in -car recorders is downloaded wirelessly through a secured wireless connection. In the case of failure of that system, the video files will need to be downloaded manually. In -car recorder videos are captured on USB drives on a recorder located in each vehicle. The USB drives shall only be removed by a supervisor who will remove the USB drive and upload the files. The same USB drive must go back into the car it was removed from after uploading. USB drives are not interchangeable. BWCs have no user removable media cards and are downloaded by use of a docking station. If the video contains documentation of a use of force, the fact that there is a video should be included in the Use of Force Report form. In instances where there is a complaint against a member of the department, the supervisor receiving the complaint shall ascertain if the event in question was recorded. Video files are stored on the server located inside the secure server area at the City of Iowa City Facility, all files are backed up on a routine basis and backup tapes will be stored within City of Iowa City secured facilities. VIDEO DISTRIBUTION PROCESS When video is requested a complete case of all video will be assembled and a link to the video case will be created for cloud share purposes. Request for video from outside entities will be done through cloud share capabilities through the WatchGuard system. Videos from prior video system shall be done via physical disk. When requested by the JCAO, or City of Iowa City Legal division, they will be responsible for dissemination of the cloud share link to other involved parties. It is the responsibility of the receiving party to create physical disks as needed from the cloud share. Cloud share default expiration shall be 60 days unless otherwise requested. OPS-12.9 The Chief of Police has the discretion to authorize the deletion of any in car video recordings or body camera recordings that have been unintentionally captured, invasive or private, and not pertinent to any case or inquiry. Jody Matherly, Chief of Police hi71_1:RIIIZ10 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. JAh' 2 2t121I REDLINE VERSION Red highlights are deletions Green highlights are additions IN -CAR Original Date of Issue General Order Number July 30, 1999 99-08 Effective Date of Reissue Section Code April 9, 2019 1 OPS-12 Date Amends Version C.A.L.E.A. Reference 41.3.8 I (see "INDEX AS:") JAI, _ INDEX AS: Use of Force Internal Investigations Evidence Evaluations Traffic Stops Recording Devices In -car Recorders Body Worn Cameras (BWC) OPS-12.1 PURPOSE The purpose of this policy is to identify when recording devices should be used and procedures to be followed when using the recording equipment. Note: this policy specifically does not govern nor apply to covert operations and any related recordings. II. POLICY It is the policy of the Iowa City Police Department that all members serving a patrol or investigative function, to include road CSOs and Animal Control Officers, be required to use recording devices to collect evidence and document interactions between officers and the public. Only approved equipment will be used by department members and usage shall comply with the manufacturer's instructions. All videos are the property of the Iowa City Police Department. Any distribution of a video or portion of a video shall only be done with the authorization of the Chief of Police or his/her designee. The unauthorized playing or copying of any video is prohibited. III. DEFINITIONS Audio/video recording equipment consists of: 1. In -car recorders to include a camera, recorder, flashcard and LCD Display. These units are within the vehicle. Body worn cameras (BWC) of a type selected and issued by the Department, are cameras worn on an individual officer's person that record and store audio, video and metadata evidence. IV. PROCEDURES The Iowa City Policy Department has adopted the use of the BWC and in -car recorders to accomplish several objectives. The primary objectives are as follows: 1. BWCs and in -car recorders allow for accurate documentation of police - public contacts, arrests, and critical incidents. They also serve to enhance the accuracy of officer reports and testimony in court. 2. Audio and video recordings also enhance the Iowa City Polic44#,? t Department's ability to review probable cause for arrest, officer and 7(1 2fl suspect interaction, and evidence for investigative and prosecutorial purposes and to provide additional information for officer evaluation and training. 3. The BWC and in -car recorders may also be useful in documenting crime and accident scenes or other events that include the confiscation and documentation of evidence or contraband. The Commander of Administrative Services or his/her designee will supervise the use, storage, duplication and erasing of the material recorded by members of this department. If an officer notices that there is a problem with the equipment, he/she shall notify a watch supervisor. The watch supervisor will forward notification of the problem or malfunction to the Commander of Administrative Services or his/her designee. Only persons trained in the servicing of audio/visual equipment will service the equipment. Any defective unit will not be used, and when practical, will be removed from service until repaired. If an employee who is not trained in the use of the in -car recorder is assigned to a vehicle containing one, they should notify a supervisor at the conclusion of the assignment. The supervisor shall then assign identity to that portion of the video not identified. Officers are not required to inform the person(s) that the recording equipment is in use, however, it may be advantageous to do so to de-escalate a situation and OPS-12.3 possibly reduce the need to use force. People generally are on their best behavior when they know they are being recorded. Officers shall disclose the use of a video recorder upon inquiry. OPERATION OF THE RECORDING APPARATUS In -car Recording Apparatus Officers shall inspect and test the in -car recording system prior to each shift in order to verify proper functioning and shall notify their supervisor of any problems. In -car audio/visual recording units will be installed such that they are activated when: 1. turning on emergency lights 2. turning on siren c> JA'y2 3. manual activation b ushinq the 0 record button manual activation Mmote voice link g 5. excessive speed with no lights or siren rt /0,;"3 All traffic stops shall be recorded in their entirety. Officers should, to the extent possible, use the recording equipment to document the administration of field sobriety tests, remembering that safety is the first priority. Officers, if able, shall activate the in -car recorder system immediately upon being involved in a motor vehicle crash. It is recommended that officers give consideration to activating the in -car recorder system when responding to calls -for -service where video capture of personslvehicles leaving the scene of incidents has investigative value. Once a recording unit has been activated it shall only be stopped when the incident in question is concluded unless allowed under this policy. When a recording is going to be made inside the Department b one of the OWI or interview room cameras, the in -car e Department as long as the BWC is activa' y be stopped if interior recordings are I Le stiil in the presence of the person, the i ;transport of any person OPS-12.4 When the recording is stopped, the in -car recorder systern will allow a priority to be set. The following priorities are available: Priority 1 = normal recordings. traffic stops eta Priority 2 = officer marking for personal review Priority 3 = file to be saved as evidence Priority 4 = OWI Priority 5 = for supervisor review When stopping a video recording it should whenever possible be done from the in allow classification to synch to the BWC as well. It give each video a classification at time of stopping the vide6 ccurate as possible when ciasslying videos tusam Video C�ssihcatloris 1-equipment check Parking/motorist assist arning S I no report ! Report of Force ult Body Worn Cameras (BWC) Retention Length 30 days 180 days 180 day,- 180 365 730, 36 2W7ppf+ 36S C/h y 730'; 73a 730 day When responding to a call for service officers shall activate the BWC prior to arriving on scene or at the first opportunity to safely do so. Additionally, officers shall activate the BWC at the initiation of any other law enforcement or investigative encounter between a police officer and a member of the public to include: Stops (including traffic stops), frisks, searches, arrests, consensual interviews and searches, enforcement actions of all kinds, and any encounter OPS-12.5 that becomes in any way hostile or confrontational. The BWC shall be activated when a firearm is used to destroy an animal. Exceptions to this requirement include interviews with victims of sexual assault, domestic abuse, or other sensitive crimes, or the recording of witnesses who are concerned about retaliation if they are seen as cooperating with the police. Officers' may also use their discretion during routine and casual situations such as officers on foot or bike patrol who wish to converse with neighborhood residents and where turning on a video camera could make the encounter seem officious and may make the person reluctant to speak with the officer. Officers may also deactivate their BWC during the following types of situations: In locations where individuals have a reasonable expectation of privacy, such as a residence, they may decline to be recorded unless the recording is being made pursuant to an arrest or search of the residence or the individuals or other enforcement action is occurring in such a location. The BWC shall remain activated until the event is completed in order to ensure the integrity of the recording unless the contact moves into an area restricted by this policy. Once an officer has finished investigating a collision and the involved parties have been released, the officer may deactivate the BWC pr to clearing the call to complete any paperwork. 2 - . If an officer responds to assist with traffic control at the scene,pf�a;tollision, fire or similar incident, the officer may deactivate the BWC as`Ibr#g;," there is no interaction with persons or that interaction has ended. While on a tow call or issuing a parking citation as long as there is no interaction with persons or that interaction has ended and after capturing any violation or damage with the BWC. NOTE: The recording must be longer than 60 seconds in order for it to be accepted into the video system. Animal control calls (unless a firearm is used) as long as there is no interaction with persons or that interaction has ended. Other calls where there is no further interaction with persons or that interaction has ended, for example, an OWI investigation where the person has been taken to jail or otherwise released and the officer still has additional paperwork. When a recording is going to be made inside the Department by one of the OWI or interview room cameras, officers shall only deactivate their BWC after the appropriate room video system has been activated to avoid any lapses in recording. When leaving the Department, if still in the presence of the person, the BWC shall be reactivated prior to deactivating the DWI and interview room cameras to avoid any lapses in recording. OPS-12.6 If at any point during these types of calls any of the previously listed situations occur where a BWC is required, the BWC shall be reactivated. The above list is to serve as a guide and is not intended to be all inclusive. If in doubt, record it. If an officer fails to activate the BWC, fails to record the entire contact, or interrupts the recording, the officer shall document why a recording was not made, was interrupted, or was terminated. This is to include muting the audio. A brief statement in the recorder prior to the interruption shall be sufficient documentation. Procedures for BWC Use Officers shall inspect and test the BWC prior to each shift in order to verify proper functioning and shall notify their supervisor of any problems. dAr� o1 Officers who are assigned BWC equipment shall use the equipment unless otherwise authorized by supervisory personnel. ,ilr4 Police personnel shall use only BWCs issued by this department. The BWC equipment and all data, images, video, and metadata captured, recorded, or otherwise produced by the equipment is the sole property of the agency. Police personnel who are assigned BWCs must complete an agency approved and/or provided training program to ensure proper use and operations. Additional training may be required at periodic intervals to ensure the continued effective use and operation of the equipment, proper calibration and performance, and to incorporate changes, updates, or other revisions in policy and equipment. BWC equipment is the responsibility of individual officers and will be used with reasonable care to ensure proper functioning. Equipment malfunctions shall be brought to the attention of the officer's supervisor as soon as possible so that a replacement unit may be procured. The BWC shall be worn on the officer's chest with clear view to the front (not blocked by clothing or other equipment) and properly oriented. Procedures for Both In -car Recorder and BWC Use Officers shall not edit, alter, erase, duplicate, copy, share, or otherwise distribute recordings in any manner without prior written authorization and approval of the Chief of Police or his or her designee. OPS-12.7 Officers are encouraged to inform their supervisor of any recordings that may be of value for training purposes. Requests for deletion of portions of the recordings (e.g., in the event of a personal recording) must be submitted in writing and approved by the Chief of Police or his or her designee. All requests and final decisions shall be kept on file. Officers shall note in their incident, arrest, and related reports when recordings were made during the incident in question. However, BWC recordings are not a replacement for written reports. Restrictions on Using the In -car Recorder or BWC In -car recorders and BWCs shall be used only in conjunction with official law enforcement duties and shall not be used to record the following: 4111- • Encounters with undercover officers or confidential informants. Ch, �d?� • When on break or otherwise engaged in personal activities. ,-. rid✓ • Communications with other police personnel without the permission of the Chief of Police. • Unless in the scope of officers' official duties and with an articulable reason, officers will not use their in -car recorder or BWCs in any location where individuals have a reasonable expectation of privacy, such as a restroom or locker room. Storage and Release All files shall be securely downloaded periodically and no later than the end of each shift. Each file shall contain information related to the date, in -car recorder or BWC identifier, and assigned officer. All images and sounds recorded by the in -car recorder or BWC equipment are the exclusive property of the Iowa City Police Department. Accessing, copying, or releasing files for non -law enforcement purposes is strictly prohibited. All access to in -car recorder or BWC files must be specifically authorized by the Chief of Police or their designee, and all access is to be logged and available for audit to ensure that only authorized users are accessing the data for legitimate and authorized purposes. talus. Then, on a quarterly basis, the Properly and Evidence nee will destroy all backed up files that reside on physi and Blu-ray discs that have reached their retention limit_ destroyed discs will Files needed as evi retained. VIDEO RETENTION Proper classification of v If an improper classificati reclassified through the software in classification for standard retention If a video is part of a major case that will require longer or permanent retention a disk copy of all video should be requested and submitted to evidence by responsible officer or detective. VIDEO ACCESS PERMISSIONS Supervisors will have access to view all videos. Investigations user have. view only access to all vt. officers wiln intox are Supervisory Responsibilities �dZJ At least on a semi-annual basis (Jan-Jun/Jul-Dec), supervisors will randomly* review two in -car or BWC recordings of each employee under their supervision to ensure that the equipment is operating properly and that officers are using the devices appropriately and in accordance with policy and to identify any areas in which additional training or guidance is required. On January 1st and August 1st of each year, each Watch Commander, Lieutenant of Investigations and Animal Control Supervisor, shall forward to the Commander of Field Operations the information on the prescribed form (Appendix A). *Randomly, for the purpose of this policy, means videos randomly selected that are not already being reviewed for another purpose. Media Card Control Normally, video for the in -car recorders is downloaded wireless►y through a secured wireless connection. In the case of failure of that system, the video files will need to be downloaded manually. In -car recorder videos are captured on � on a recorder located in each vehicle.ards are securedl t _ rder to which only supervisors have access via key. Spare media ids a ys to the recorders are available only to supervisors. The recorder activates a warning for the operator when the media card is nearing capacity. A supervisor shall be notified who will then replace the media card. The media card is then uploaded to the server by the supervisor. Once the upload is complete the files are automatically erased from the card. The media card is then available for re -use. OPS-12.9 The USB drive and removed BWCs have no user removable media cards and are downloaded by use of a docking station. If the video contains documentation of a use of force, the fact that there is a video should be included in the Use of Force Report form. In instances where there is a complaint against a member of the department, the supervisor receiving the complaint shall ascertain if the event in question was recorded. Video files are stored on the server located within the Police Department, Backup DVD's and/or Blu-ray discs (BD) are created automatically when there is enough data to fill a disk. Files that are tagged as evidence or for review will be kept live and accessible on the server for a period of t year. Files not tagged as evidence are kept on the server for a minimum of 90 days. If a video is needed after the 90 day period, it must be re -activated from the backup DVDIBD. All backup disks are stored in the evidence room and under the control of the Evidence Custodian. Only the Evidence Custodian, the Commander of Support Services, the Commander of Field Operations, and the Chief of Police are authorized to remove disks from the storage area. inside the secure server area at the City of Iowa City Facility, all files are backed up on a routine basis and backup tapes will be stored within City of Iowa City secured facilities VIDEO DISTRIBUTION PROCESS When video is requested a complete case of all video will be assembled and a link to the video case will be created for cloud share purposes- Request for video from outside entities will be done through cloud share capabilities through the WatchGuard system. Videos from prior video system shall be done via physical disk When requested by the JCAO, or City of Iowa City Legal division, they will be responsible for dissemination of the cloud share link to other involved parties, It is the responsibility of the receiving party to create physical disks as needed ct efault expire days unless The Chief of Police has the discretion to authorize the deletion of any in car video recordings or body camera recordings that have been unintentionally captured, invasive or private, and not pertinent to any case or inquiry. Jody Mathedy, Chief of Police OPS-12.10 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. Date of Issue General Order Number January11,2001 88-02 Effective Date Section Code January 25, 2020 PER-01 Reevaluation Date Amends January 2023 89-02• Effective Jul 18 1889 C.A.L.E.A. 26.1.2, 26.1.4, 26.1.5. 26.1 INDEX AS: Disciplinary Philosophy Positive Discipline 26.1.8 Negative Discipline Internal Investigation PER-01.1 0 JAN 2 51010 CrtY Clerk Iowa City, Iowa I. PURPOSE The purpose of this order is to state formally the Department Philosophy of discipline and to establish the policies and procedures for using training and counseling as methods of positive discipline and to set out the forms of punitive disciplinary options used by the Iowa City Police Department. II. POLICY It is the policy of the Iowa City Police Department to develop positive disciplinary procedures so as to minimize the necessity of negative, punitive disciplinary actions. The primary methods used in positive discipline may include supervisory coaching, training, tangible and intangible rewards and supervisory counseling. PER-01.2 III. DEFINITIONS POSITIVE DISCIPLINE - are those types of discipline which develop in the member the same objectives as those in the organization. A. This discipline can be developed by effectively training and counseling the employee. 1. Training 2. Counseling NEGATIVE DISCIPLINE - form of punishment or chastisement. A. When positive methods fail or are inappropriate to achieve conformity, then negative disciplinary action must follow to preserve the integrity of the organization. B. Non - Punitive actions: 1. written warning 2. written reprimand - minor C. Punitive actions: $ 1, written reprimand - major r?, 2. suspension 3. demotion 4. termination JAB 2 5 T11111 IV. PROCEDURES °wCity Clerk a City, Iowa DEPARTMENT DISCIPLINARY PHILOSOPHY One of the primary tasks of a supervisor is the maintenance of discipline. Discipline may be positive or negative. It may involve a range of responses including encouragement, training, counseling, or the imposition of punitive sanctions. Discipline has as its immediate purpose the channeling of individual effort into effective and productive action. The exercise of positive discipline requires foresight and planning rather than mere reaction. Positive discipline requires an assessment of actual performance and performance capabilities, which when combined with proper training, recognition, and positive rewards, may result in effective contributions to the organization. Employees who violate their oath and trust by committing an offense punishable under the laws or statues of the United States, the State of Iowa, or the Ordinances of the City of Iowa City, or who violate any provision of the Rules and Regulations of the Iowa City Police Department, or knowingly disobey any lawful order, or are incompetent to perform their duties are subject to appropriate disciplinary action. Each employee will have access to a copy of the Department Rules and Regulations and are expected to have an understanding of them. The Rules and Regulations will be housed at specified locations in the police department as well as electronically in conjunction with the departmental Policy and Procedures manual. The Iowa City Police Department expects a high level of professional conduct from members, both sworn and civilian. However, members of the Department often perform their duties in a manner exceeding departmental standards. Official commendation of PER-01.3 such performance is provided by the Department to give full recognition to those who have brought distinction to themselves and the Department. The awards and standard for measure for exemplary performance are as follows; COMMENDATIONS A. Commendation of Valor 1. For an act involving extreme bravery, heroism or outstanding action while facing great personal danger. 2. This award may be given posthumously to any departm ember whose life is given in the performance of their duty and ircm�st �f9` indicate that an act of valor was performed. 3. The award for this category will consist of a Medal of Valo,ViSa "red, white & blue" award bar. ?©yp to City Yfact`ieo B. Commendation of Distinguished Service �`t'a Cit / 1. For an act involving significant bravery, heroism or action while r?g personal danger. 2. The award for this category will consist of a Medal of Distinguished Service and a "red & white" award bar. C. Commendation of Life Saving 1. For an act involving rescue or attempts to rescue any person from medical emergency, trauma, or other life threatening peril. The act must be exemplary and situation unique. 2. The award for this category will consist of a Medal of Life Saving and a "blue & white" award bar. D. Special Commendation 1. For an extraordinary act of service representing the department in which selfless conduct during a time of crisis or emergency is demonstrated. 2. The award for this category will consist of a certificate and a "blue" award bar. The subsequent awarding of any of the above awards to the same individual will result in an additional medal/certificate being presented with a corresponding award bar displaying the number of times the person has received the commendation. E. Letter of Commendation 1. For an act or performance deserving recognition which goes beyond the normal expectations of duty 2. The award for this category will consist of a letter or certificate. These awards are open to any sworn officer of the Iowa City Police Department. Nominations must be made in writing during the month of November each year explaining why the officer is being nominated. A. Officer of the Year Award On an annual basis, this award may be given to an officer who most significantly demonstrates work and behavioral ethics that mirror our oath of honor and exemplify a positive image of the Iowa City Police Department as well as the community. This award recipient will be chos ommand Staff. Criteria for selection will be; r, professionalism 2. sustained work ethic 3. personal conduct ethic 4. demonstrated leadership 5. vision 6. communication 7. compassion d4N25?pp© lakaCty/1 W The officer selected for this award will be given a plaque along with a "gold" award bar. B. Richard Lee Award On an annual basis, this award may be given to an officer in recognition of outstanding sustained efforts over the last year which positively impacted the community through a program or activity. This award recipient will be chosen by the officers of the Department after nominations have been received. The criteria for selection will be; 1. professionalism 2. compassion for citizens & other officers 3. unique & effective ways of accomplishing objectives 4. specific action/program exemplifying The officer selected for this award will have their name inscribed on the Department plaque along with being given a "silver" award bar. C. Heart of a Servant Award The Heart of a Servant is awarded to an officer(s) or employee of the Iowa City Police Department whose actions, or series of actions, convey the truest display of a servant's heart. The articulable actions demonstrate selflessness, going above and beyond that which would normally be expected in the performance of their duty. Actions which are considered for this award would be those that contribute to better Police/citizen relations, the welfare and care of the community, or service to the peace officer family in Iowa City. Nominations for this award are accepted by the Chaplains year round as situations that demonstrate the Heart of a Servant arise. D. Civilian Employee of the Year Annually, all members of the Police Department will be able to participate in the selection of a Civilian Employee to receive this award in recognition of outstanding efforts over the last year which have positively impacted the Department. Criteria for consideration when selecting the recipient are as follows; - professionalism JAN 2 5 ZUZ9 - extraordinary service to fellow employees and the P�ooraRutyrk - unique & effective ways of accomplishing objective3` wa City, Iowa - innovation - building relationships/partnerships with other City Departments and the community The employee selected for this award will be given a plaque along with a blue and white award bar and will have their name inscribed on the Department plaque. Any employee of the police department may nominate another for a commendation or award. Written documentation is to be forwarded through the chain of command to the Chief of Police. For integrity of the system, the Chief may appoint a supervisor(s) to conduct an inquiry to verify the facts of the nominated act with the final decision as to the validity and degree of the commendation/award being made by the Chief of Police. When the "Class A" dress uniform is worn, awarded medals will be worn on the right breast pocket flap and award bars will be worn directly above the name tag. Medal of Valor recipients have the option of wearing the medal on a long ribbon around their neck. Award bars may also be worn on the normal duty uniform, but not medals. Documentation for all nominations and awarding of commendations or awards will be placed in the employees personnel file. Employees may also have a "Report of Inquiry/Incident Form" denoting exemplary service submitted by a supervisor or letters of appreciation from outside the department placed in their personnel file. TRAINING IN THE DISCIPLINARY PROCESS A. Discipline may take the form of training or experience that corrects, molds, strengthens or perfects. Such discipline allows for a professionally oriented department. 1. Training should take place in recruit school; recruit field training' in-service training, advanced training, and remedial training. I a. The training process should be designed to reinforce desirable behavior patterns and to call attention to noticeable actions which are deemed undesirable. b. A well -disciplined department is a well -trained department. 2. The supervisor, by his/her actions, sets the example for employees to follow. A good example is necessary if positive discipline is to work. Primary responsibility for maintaining the appropriate level of discipline lies with the first line supervisor. B. Officer's acts, which are committed because he/she they misun tood procedures or was never made aware of the correct action, are indi a rs of training needs. ` 1. These needs may be corrected by remedial training prog�rriJ-02Q a. Remedial training is personalized training ,toC49rfeJr�t�fa specific deficiency which is usually identified by tes" 1Y9P (g}pIVation during training, or by a supervisor evaluating an employee durina%dutine job performance, or by acts requiring disciplinary actions. 2. A review of Internal Investigations should analyze information to determine possible training needs by identifying undesirable behavior trends of those individuals. 3. Training may be used as part of the department's disciplinary system by itself, or in conjunction with other disciplinary procedures as determined by the Chief of Police. 4. An employee may be assigned to remedial training based on the results of an Internal Affairs Investigation or by the Chief of Police as a positive measure to correct a deficiency. 5. In a non -disciplinary action, an employee may be assigned to remedial training if his supervisor, through the division commander, recommends the process to correct a lack of skill, knowledge, or abilities to perform their assigned tasks properly. 6. Upon completion of a remedial training program participants shall be evaluated to determine whether or not existing deficiencies were alleviated. Results of the evaluation shall be forwarded through the chain of command to the Chief of Police. COUNSELING IN THE DISCIPLINARY PROCESS Counseling is assisting employees in the process of problem solving. It may be corrective or preventive in nature. Counseling as a component of the disciplinary system, may be employed by itself or in conjunction with one or more of the components of the disciplinary system. Counseling may focus on: A. the necessity for a person to change an existing behavior, or deficient work method. B. the necessity for a person to alter behavior in preparation to be considered for additional responsibilities; C. a disciplinary problem which may be handled in a positive manner by itself, or in conjunction with other disciplinary measures. The following criteria should exist for using counseling: PER-01.7 A. There must exist a reasonable belief that the employee has an existing problem or is experiencing difficulty in understanding, adjusting to, or internalizing matters which: 1. Are job related, pertaining to assigned tasks 2. Involve personnel policies pertaining to departmental policies 3. Involve interpersonal relationships with co-workers 4. Involve personal matters which are affecting , 4employees work performance. ,ji B. The process may be based on the results of an Internal Affairs ligation concerning a disciplinary matter, by recommending/,#44}}{{.nseling for the employee to the Chief of Police, as a positive measure to cft deficiency. C. Factors must be present which indicate the emplo esitproblrekm is having a detrimental effect on work performance. a City, / D. There must be a reason to believe that counseling may assist Wte employee in a supportive way or otherwise have a positive impact on work performance. The following discipline: A. The c1 C. procedures should be followed for using counseling as a function of employee or their immediate supervisor may initiate the counseling process; The initial counseling effort shall be intended to find a remedy or, if not possible, to route the counseling process to one of the following as appropriate: watch commander, division commander or outside professional counseling service; Counseling sessions shall be documented either on the department's Report of Inquiry / Incident form or the supervisor's own documentation system. TYPES OF COUNSELING APPROACHES Directive Approach - A. Counselor determines items to be discussed and solutions desired. B. Counselor controls and directs course of conversation. C. Used as a means of disciplining an employee, or providing specific information, amplifying, clarifying the nature of the infraction and the appropriate behavior desired. Non -Directive Approach A. Employee does most of the talking, says not steered by counselor) B. Counselor helps employee examine facts. C. Counselor helps employee think through and solve the problem. what's on their mind. (conversation the situation, choose alternatives D. Used most for problem solving instead of discipline. If internal counseling is not an appropriate remedy to the problem, then the employee may be referred to an outside counseling service, or other appropriate sources. NON -PUNITIVE ACTION Non -Punitive actions constitute a part of the Department's disciplinary system. Non - punitive action includes: A. Written warning ( may be in conjunction with other disciplinary action) B. Written reprimand -minor (may be in conjunction with other disciplinary action) PUNITIVE ACTION Punitive actions constitute a part of the Department's disciplina stem. Punitive actions include: A. Written reprimand -major (may be in conjunction with other di crplinjrYn) B. Suspension (may be in conjunction with other disciplinary act) C. Demotion (may be in conjunction with other disciplinary actin , yppQ D. Dismissal Y 104,City 1rer WRITTEN WARNINGS a Cit�y, lowa Written warnings may be made for actions contrary to the rules and regulations or the policies and procedures of the Iowa City Police Department. A written warning may be initiated by the employee's supervisor. Written warnings shall be documented on the departmental Report of Inquiry / Incident Form. WRITTEN REPRIMAND A written reprimand may be initiated by the employee's supervisor and may be applied to any infraction of policies, Rules and Regulations, for procedural errors, or any infraction of other written directives. The written reprimand shall follow the chain of command with the Chief of Police maintaining final authority. Written reprimands shall be documented on a departmental Report of Inquiry / Incident form and forwarded to the employee's personnel file in the Human Resources Department. Upon forwarding of the form, the Chief of Police will designate on the form whether the written reprimand is for a minor or major infraction. SUSPENSION When the infraction is of such a nature that a written warning or written reprimand is inappropriate, the Chief of Police may suspend an employee. The employee shall be given written notice of the suspension and the reason(s) for the suspension. A. Any supervisor may impose a fully paid emergency Administrative Leave of Absence on a member or employee when it appears necessary to preserve the efficient and safe operation of the Department. The supervisor shall promptly notify the Commanding Officer, Field Operations, who shall promptly notify the Chief of Police. 1. Any person so relieved of duty shall be instructed to report to the Office of the Chief of Police at 9:00 a.m. on the next business day, unless otherwise instructed. a. The supervisor imposing or recommending the Administrative Leave of Absence will report at the same time. B. Being relieved of duty does not constitute a suspension, demotion, or dismissal, nor shall the employee lose any pay or benefits for the time he/she was relieved on an Administrative Leave of Absence. With proper cause, the Chief of Police may order an employee demoted. An employee may also be demoted due to lack of work, prudent business reasons, a series of PER-01.9 violations, or one very serious violation. The employee shall be given notice in writing of the demotion and the reasons for the demotion. DISMISSAL Dismissal may occur after progressive discipline has been taken artzi)eris b�phange in the employee's performance or behavior, or when an act is of serious n E. Any employee whose conduct results in dismissal shall be provided thi l$�vjy� A. A statement citing the reason for dismissal. Ci `°ti B. The effective date of the dismissal. Jowq C Clerk C. A statement of the status of fringe and retirement benefits 6 bsmissal. D. A statement as to the content of the employee's employment record relating to the dismissal. E. A statement indicating the steps and time frame in which appeals need to be made in accordance with the grievance process and appeals pursuant to the civil service process. APPEAL OF DISCIPLINARY ACTION All appeals of disciplinary actions administered to non -sworn employees will follow the grievance procedures established within existing labor contracts and agreements. Iowa Code Chapter 400.20 is as follows: The suspension, demotion, or discharge of a person holding civil service rights may be appealed to the civil service commission within fourteen calendar days after the suspension, demotion, or discharge. The grievance process shall be initiated within the time frame spelled out the existing labor contracts. SUPERVISORS ROLE IN THE DISCIPLINARY PROCESS Supervisors are responsible for the performance, conduct, and adherence to departmental directives and policies and procedures of their subordinates. Supervisors are the initiators of the disciplinary process and should use their knowledge of supervision, subordinates, and knowledge of the infraction and its circumstances to recommend corrective action. Any supervisor may initiate a written warning or reprimand. Written reprimands may be initiated by any supervisor but must be passed upward along the chain of command. A copy of all Report of Inquiry / Incident Form shall be forwarded to the Commanding Officer Field Operations. Suspensions, demotions, and dismissal may only be administered by the Chief of Police or designee. The Chief of Police retains final authority in all disciplinary matters. ANNUAL REVIEW OF DISCIPLINARY CASES A. The Commanding Officer, Field Operations will submit an annual report to the Chief of Police after reviewing all departmental disciplinary cases. The review will be conducted to determine the need for modifications in the following areas: 1) training PER-01.10 2) change in policy, procedure, or Rules and Regulations 3) adequacy of supervision 4) need for inspection or other controls B. During the review process, the Commanding Officer, Field Operations will analyze all formal citizen complaints. This report will be used in the development of departmental goals in preparation for the annual planning and departmental budget process. MAINTENANCE OF DISCIPLINARY RECORDS All written records of the administration of disciplinary actions abov a wtte6 w 'ng shall be maintained in the employee's personnel file. ,/qp���: C/4/ Jody Matherly, CM at ce wa 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. REDLINE VERSION Red highlights are deletions Green highlights are additions Date of Issue General Order Number January 11, 2001 89-02 Effective Date Section Code January 25, 2020 PER-01 Reevaluation Date Amends January 2023 89-02: Effective July 18 1989 C.A.L.EA. 26.1.2, 26.1.4, 26.1.5, 26.1.6, 26.1.7, 26.1.8 I1L MMIM[.3i Disciplinary Philosophy Negative Discipline Positive Discipline Internal Investigation �11r PER-01.1 1. PURPOSE The purpose of this order is to state formally the Department Philosophy of discipline and to establish the policies and procedures for using training and counseling as methods of positive discipline and to set out the forms of punitive disciplinary options used by the Iowa City Police Department. 11. POLICY It is the policy of the Iowa City Police Department to develop positive disciplinary procedures so as to minimize the necessity of negative, punitive disciplinary actions. The primary methods used in positive discipline may include supervisory coaching, training, tangible and intangible rewards and supervisory counseling. PER-01.2 III. DEFINITIONS POSITIVE DISCIPLINE - are those types of discipline which develop in the member the same objectives as those in the organization. A. This discipline can be developed by effectively training and counseling the employee. 1. Training 2. Counseling NEGATIVE DISCIPLINE - form of punishment or chastisement. A. When positive methods fail or are inappropriate to achieve conformity, then negative disciplinary action must follow to preserve the integrity of the organization. B. Non - Punitive actions: 1. written warning 2. written reprimand - minor C. Punitive actions: 1. written reprimand - major 2. suspension fj 3. demotion ari 4. terminationr7�r, IV. PROCEDURES DEPARTMENT DISCIPLINARY PHILOSOPHY One of the primary tasks of a supervisor is the maintenance of discipline. Discipline may be positive or negative. It may involve a range of responses including encouragement, training, counseling, or the imposition of punitive sanctions. Discipline has as its immediate purpose the channeling of individual effort into effective and productive action. The exercise of positive discipline requires foresight and planning rather than mere reaction. Positive discipline requires an assessment of actual performance and performance capabilities, which when combined with proper training, recognition, and positive rewards, may result in effective contributions to the organization. Employees who violate their oath and trust by committing an offense punishable under the laws or statues of the United States, the State of Iowa, or the Ordinances of the City of Iowa City, or who violate any provision of the Rules and Regulations of the Iowa City Police Department, or knowingly disobey any lawful order, or are incompetent to perform their duties are subject to appropriate disciplinary action. Each employee will have access to a copy of the Department Rules and Regulations and are expected to have an understanding of them. The Rules and Regulations will be housed at specified locations in the police department as well as electronically in conjunction with the departmental Policy and Procedures manual. The Iowa City Police Department expects a high level of professional conduct from members, both sworn and civilian. However, members of the Department often perform their duties in a manner exceeding departmental standards. Official commendation of PER-01.3 such performance is provided by the Department to give full recognition to those who have brought distinction to themselves and the Department. The awards and standard for measure for exemplary performance are as follows; COMMENDATIONS A. Commendation of Valor 1. For an act involving extreme bravery, heroism or outstanding action while facing great personal danger. 2. This award may be given posthumously to any department member whose life is given in the performance of their duty and circumstances indicate that an act of valor was performed. 3. The award for this category will consist of a Medal of Valor and a "red, white & blue" award bar. B. Commendation of Distinguished Service 1. For an act involving significant bravery, heroism or action while facing personal danger. 2. The award for this category will consist of a Medal of Distinguished Service and a "red & white" award bar. C. Commendation of Life Saving rl 1. For an act involving rescue or attempts to rescue any person from medical emergency, trauma, or other life threatening peril. The act must be exemplary and situation unique. 2. The award for this category will consist of a Medal of Life"a�ftq pd a "blue & white award bar. D. Special Commendation 1. For an extraordinary act of service representing the department in which selfless conduct during a time of crisis or emergency is demonstrated. 2. The award for this category will consist of a certificate and a "blue" award bar. The subsequent awarding of any of the above awards to the same individual will result in an additional medal/certificate being presented with a corresponding award bar displaying the number of times the person has received the commendation. E. Letter of Commendation 1. For an act or performance deserving recognition which goes beyond the normal expectations of duty 2. The award for this category will consist of a letter or certificate. PER-01.4 These awards are open to any sworn officer of the Iowa City Police Department. Nominations must be made in writing during the month of November each year explaining why the officer is being nominated. A. Officer of the Year Award On an annual basis, this award may be given to an officer who most significantly demonstrates work and behavioral ethics that mirror our oath of honor and exemplify a positive image of the Iowa City Police Department as well as the community. This award recipient will be chosen by Command Staff. Criteria for selection will be; 1. professionalism 2. sustained work ethic 3. personal conduct ethic 4. demonstrated leadership 5. vision 6. communication 7. compassion The officer selected for this award will be given a plaque along with a "gold" award bar. B. Richard Lee Award On an annual basis, this award may be given to an officer in recognition of outstanding sustained efforts over the last year which positively impacted the community through a program or activity. This award recipient will be chosen by the officers of the Department after nominations have been received. The criteria for selection will be; 1. professionalism 2. compassion for citizens &other officers 3. unique & effective ways of accomplishing objectives 4. specific action/program exemplifying The officer selected for this award will have their name inscribed on the Department plaque along with being given a "silver" award bar. C. Heart of a Servant Award The Heart of a Servant is awarded to an officer(s) or employee of the Iowa City Police Department whose actions, or series of actions, convey the truest display of a servant's heart. The articulable actions demonstrate selflessness, going above and beyond that which would normally be expected in the performance of their duty. Actions which are considered for this award would be those that contribute to better Policelcitizen relations, the welfare and care of the community, or service to the peace officer family in Iowa City. Nominations for this award are accepted by the Chaplains PER-01.5 year round as situations that demonstrate the Heart of a Servant arise. r Annually, all memOWRTMe Police Department will be able to poWcVaite in the selection of a Civilian Employee to receive this award in recognition of outstanding efforts over the last year which have positively impacted the ANEINkartment. ration when selecting the recipient are as follows: The employee selected for this award will be given a plaque awar Any employee of the police department may nominate another for a commendation or award. Written documentation is to be forwarded through the chain of command to the Chief of Police. For integrity of the system, the Chief may appoint a supervisor(s) to conduct an inquiry to verify the facts of the nominated act with the final decision as to the validity and degree of the commendation/award being made by the Chief of Police. `" , ,; 111U0lr_ When the "Class A" dress uniform is worn, awarded medals will be worn on the right breast pocket flap and award bars will be worn directly above the name tag. Medal of Valor recipients have the option of wearing the medal on a long ribbon around their neck. Award bars may also be worn on the normal duty uniform, but not medals. Documentation for all nominations and awarding of commendations or awards will be placed in the employees personnel file. Employees may also have a "Report of Inquiry/Incident Form" denoting exemplary service submitted by a supervisor or letters of appreciation from outside the department placed in their personnel file. TRAINING IN THE DISCIPLINARY PROCESS A. Discipline may take the form of training or experience that corrects, molds, strengthens or perfects. Such discipline allows for a professionally oriented department. 1. Training should take place in recruit school; recruit field training' in-service training, advanced training, and remedial training. . f a. The training process should be designed to reinforce desirable behavior patterns and to call attention to noticeable actions which are deemed undesirable. b. A well -disciplined department is a well -trained department. 2. The supervisor, by his/her actions, sets the example for employees to follow. A good example is necessary if positive discipline is to work. Primary responsibility for maintaining the appropriate level of discipline lies with the first line supervisor. B. Officer's acts, which are committed because he/she either misunderstood procedures or was never made aware of the correct action, are indicators of training needs. 1. These needs may be corrected by remedial training programs. a. Remedial training is personalized training to correct a specific deficiency which is usually identified by testing, evaluation during training, or by a supervisor evaluating an employee during routine job performance, or by acts requiring disciplinary actions. 2. A review of Internal Investigations should analyze information to determine possible training needs by identifying undesirable behavior trends of those individuals. 3. Training may be used as part of the department's disciplinary system by itself, or in conjunction with other disciplinary procedures as determined by the Chief of Police. 4. An employee may be assigned to remedial training based on the results of an Internal Affairs Investigation or by the Chief of Police as a positive measure to correct a deficiency. 5. In a non -disciplinary action, an employee may be assigned to remedial training if his supervisor, through the division commander, recommends the process to correct a lack of skill, knowledge, or abilities to perform their assigned tasks properly. 6. Upon completion of a remedial training program participants shall be evaluated to determine whether or not existing deficiencies were alleviated. Results of the evaluation shall be forwarded through the chain of command to the Chief of Police. �Vj COUNSELING IN THE DISCIPLINARY PROCESS Counseling is assisting employees in the process of problem solving. It may be corrective or preventive in nature. Counseling as a component of the disciplinary system, may be employed by itself or in conjunction with one or more of the components of the disciplinary system. Counseling may focus on: A. the necessity for a person to change an existing behavior, or deficient work method. B. the necessity for a person to alter behavior in preparation to be considered for additional responsibilities; C. a disciplinary problem which may be handled in a positive manner by itself, or in conjunction with other disciplinary measures. The following criteria should exist for using counseling: A. There must exist a reasonable belief that the employee has an existing problem or is experiencing difficulty in understanding, adjusting to, or internalizing matters which: 1. Are job related, pertaining to assigned tasks 2. Involve personnel policies pertaining to departmental policies 3. Involve interpersonal relationships with co-workers 4. Involve personal matters which are affecting the employees work performance. B. The process may be based on the results of an Internal Affairs Investigation concerning a disciplinary matter, by recommending counseling for the employee to the Chief of Police, as a positive measure to correct a deficiency. C. Factors must be present which indicate the employee's problem is having a detrimental effect on work performance. D. There must be a reason to believe that counseling may assist the employee in a supportive way or otherwise have a positive impact on work performance. The following procedures should be followed for using counseling as a function of discipline: A. The employee or their immediate supervisor may initiate the counseling process; B. The initial counseling effort shall be intended to find a remedy or, if not possible, to route the counseling process to one of the following as appropriate: watch commander, division commander or outside professional counseling service; C. Counseling sessions shall be documented either on the department's Report of Inquiry i Incident form or the supervisor's own documentation system. TYPES OF COUNSELING APPROACHES Directive Approach - �9 A. Counselor determines items to be discussed and solutions desired. B. Counselor controls and directs course of conversation. C. Used as a means of disciplining an employee, or providing specific information, amplifying, clarifying the nature of the infraction and the appropriate behavior desired. Non -Directive Approach A. Employee does most of the talking, says what's on their mind. (conversation not steered by counselor) B. Counselor helps employee examine facts. C. Counselor helps employee think through the situation, choose alternatives and solve the problem. D. Used most for problem solving instead of discipline. If internal counseling is not an appropriate remedy to the problem, then the employee may be referred to an outside counseling service, or other appropriate sources. NON -PUNITIVE ACTION Non -Punitive actions constitute a part of the Department's disciplinary system. Non - punitive action includes: A. Written warning ( may be in conjunction with other disciplinary action) B. Written reprimand -minor (may be in conjunction with other disciplinary action) PUNITIVE ACTION Punitive actions constitute a part of the Department's disciplinary system. Punitive actions include: A. Written reprimand -major (may be in conjunction with other disciplinary action) B. Suspension (may be in conjunction with other disciplinary action) C. Demotion (may be in conjunction with other disciplinary action) D. Dismissal WRITTEN WARNINGS Written warnings may be made for actions contrary to the rules and regulations or the policies and procedures of the Iowa City Police Department. A written warning may be initiated by the employee's supervisor. Written warnings shall be documented on the departmental Report of Inquiry / Incident Form. WRITTEN REPRIMAND A written reprimand may be initiated by the employee's supervisor and may be applied to any infraction of policies, Rules and Regulations, for procedural errors, or any infraction of other written directives. The written reprimand shall follow the chain of command with the Chief of Police maintaining final authority. Written reprimands shall be documented on a departmental Report of Inquiry / Incident form and forwarded to the employee's personnel file in the Human Resources Department. Upon forwarding of the form, the Chief of Police will designate on the form whether the written reprimand is for a minor or major infraction. ;a itlL SUSPENSION When the infraction is of such a nature that a written warning or written reprimand is inappropriate, the Chief of Police may suspend an employee. The employee shall be given written notice of the suspension and the reason(s) for the suspension. A. Any supervisor may impose a fully paid emergency Administrative Leave of Absence on a member or employee when it appears necessary to preserve the efficient and safe operation of the Department. The supervisor shall promptly notify the Commanding Officer, Field Operations, who shall promptly notify the Chief of Police. 1. Any person so relieved of duty shall be instructed to report to the Office of the Chief of Police at 9:00 a.m. on the next business day, unless otherwise instructed. a. The supervisor imposing or recommending the Administrative Leave of Absence will report at the same time. B. Being relieved of duty does not constitute a suspension, demotion, or dismissal, nor shall the employee lose any pay or benefits for the time he/she was relieved on an Administrative Leave of Absence. DEMOTION With proper cause, the Chief of Police may order an employee demoted. An employee may also be demoted due to lack of work, prudent business reasons, a series of ;j;;lZM : violations, or one very serious violation. The employee shall be given notice in writing of the demotion and the reasons for the demotion. DISMISSAL Dismissal may occur after progressive discipline has been taken and there is no change in the employee's performance or behavior, or when an act is of a serious nature. Any employee whose conduct results in dismissal shall be provided the following: A. A statement citing the reason for dismissal. B. The effective date of the dismissal. C. A statement of the status of fringe and retirement benefits after dismissal. D. A statement as to the content of the employee's employment record relating to the dismissal. E. A statement indicating the steps and time frame in which appeals need to be made in accordance with the grievance process and appeals pursuant to the civil service process. APPEAL OF DISCIPLINARY ACTION All appeals of disciplinary actions administered to non-swom employees will follow the grievance procedures established within existing labor contracts and agreements. Iowa Code Chapter 400.20 is as follows: The suspension, demotion, or discharge of a person holding civil service rights may be appealed to the civil service commission within fourteen calendar days after the suspension, demotion, or discharge. The grievance process shall be initiated within the time frame spelled out the existing labor contracts. SUPERVISORS ROLE IN THE DISCIPLINARY PROCESS Supervisors are responsible for the performance, conduct, and adherence to departmental directives and policies and procedures of their subordinates. Supervisors are the initiators of the disciplinary process and should use their knowledge of supervision, subordinates, and knowledge of the infraction and its circumstances to recommend corrective action. Any supervisor may initiate a written warning or reprimand. Written reprimands may be initiated by any supervisor but must be passed upward along the chain of command. A copy of all Report of Inquiry / Incident Form shall be forwarded to the Commanding Officer Field Operations. Suspensions, demotions, and dismissal may only be administered by the Chief of Police or designee. The Chief of Police retains final authority in all disciplinary matters. ANNUAL REVIEW OF DISCIPLINARY CASES A. The Commanding Officer, Field Operations will submit an annual report to the Chief of Police after reviewing all departmental disciplinary cases. The review will be conducted to determine the need for modifications in the following areas: 1) training . , , 2) change in policy, procedure, or Rules and Regulations 3) adequacy of supervision 4) need for inspection or other controls B. During the review process, the Commanding Officer, Field Operations will analyze all formal citizen complaints. This report will be used in the development of departmental goals in preparation for the annual planning and departmental budget process. MAINTENANCE OF DISCIPLINARY RECORDS All written records of the administration of disciplinary actions above a written warning shall be maintained in the employee's personnel file. tii rl � jiSl�= Jody Matherly, Chief of Police LL'I_1:7\II\lei 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. Firearms Original Date of Issue General Order Number May 14, 2018 17-03 Effective Date of Reissue Section Code January 25, 2020 Reevaluation Date Amends/Cancels January 2021 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 J Training INDEX AS: Firearms Munitions Off -duty weapons Weapons Special Response Team 1. PURPOSE Use of Force Training Field Training r 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. 111. DEFINITIONS 2 (; Lead Range Officer - A sworn member who has received specialized wining 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 provide firearms manufacturer's authorized maintenance and repair for authorized firearms. The armorer must be recommended by the Lead Range Officer, Training Officer and approved by the Chief of Police or designee. The written approval shall specify which firearms the armorer is authorized to maintain and repair. Firearms — For the purposes of this policy firearms means handguns, shotguns, and rifles. It excludes less lethal shotguns and 37mm munitions. For these see GO 17-06 titled Less Lethal Weapons. 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. a. Exceptions 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 L When participating in recreational shooting events. ii. When the possession of police identification would endanger the officer, or operation in which,14/, fie' „ participating. 1L�- 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 the officer has qualified with and carrying under the premise of their professional authorization to carry, it shall be concealed from public view. An officer carrying a personally owned weapon off -duty under the premise of their non-professional permit is not required to carry 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. 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. (i.e. 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 r &eived permission from a member of Command Staff to use another iifof`steproved by the lead firearms instructor. Personally owned handguns will be carried in a holster approved by the Lead Firearms Instructor. t 11. While on duty shotguns will be carried with the magazine fully loaded the chamber empty, and safety on unless being used by the officer. Shotguns shall be stored in the appropriate locking rack of 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): �r r°3 a m a. 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 be secure from a minor under the age of fourteen years, if such person knows or has reason to believe that a minor under the age of fourteen years is likely to gain access to the firearm without the lawful permission of the minor's parent, guardian, or person having charge of the minor, the minor lawfully gains access to the firearm without the consent of the minor's parent, guardian, or person having charge of the minor, and the minor exhibits the 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: 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: `�"'Y'? r 7 I 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 without notification and approval of the Lead Range Instructor. 22. If a firearm is discharged in the line of duty it shall be immediately surrendered to the on -duty watch supervisor. If the firearm was issued 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 1. 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 L 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 3.5 inches and not more than 6 inches. iv. Ammunition capacity: six (6) rounds minimum. C. Current approved uniform on -duty handguns L 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 11 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 ii. 40 caliber GLOCK model 23 ii. 9mm caliber CLOCK model 17-on an individual basis with approval of the chief of police 3. Authorized Personally Owned Backup Handguns 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 armorer or firearms instructor. ii. Revolvers must be double action. Single action only revolvers are prohibited. Semi -automatics shall be carried according to manufacturer specifications. Semi -autos 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 L 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: L Gauge:12 gauge ii. Barrel length: Minimum 14" iii. Action: pump or semi -automatic iv. 2.75"-3" magnum capability cud, V. Minimum 4 shot chamber C. Current authorized shotguns for patrol i. Remington: 87012 gauge pump action ii. Benelli M412 gauge semi -automatic 2. Special Response Team (SRT) a. The department shall provide a limited number of shotguns for use by the special response team. b. An approved special response team shotgun is any department issued shotgun meeting the following requirements: L 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 L Benelli M412 gauge semi -automatic 10 K? ii. Remington 870 Magnum Breaching Shotgun 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: i. Gauge: 12 gauge ttr! 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 L 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 2. 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 ATE 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, that officer may be removed from the Patrol Rifle program and the rifle surrendered to the Watch Commander. The Watch Commander shall secure the weapon and may designate another officer as a PRO. The newly appointed PRO shall have completed the minimum course for Patrol Rifle Operators and supply qualifying range scores and 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, pursuantto 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 -01 c. 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: L 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 200 lumens. viii. Fixed or flip -up iron sights a. An optical sighting device may be used. ix. Appropriate protective case Current authorized personally owned rifles for patrol are i. Rock River Arms, Model: LAR15 _ ii. Bravo Company, Model: BCM4 iii. Colt, Models: 6720, 6920, and 6940 iv. Springfield, Model: Saint V. Knight's Armament, Model: SR15 vi. Daniel Defense, Model: DDM4 vii. LMT, Model: Defender 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. e. A probationary officer who was a certified peace officer prior to hire with the Department and is recommended by the Lead Range Officer, maybe 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 attended 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 L Rock River Arms, Model: LAR-15 d. Trained SRT members may carry their assigned shoulder weapon while on duty and on their patrol watch. SRT members carrying their assigned weapon must follow the guidelines provided in this policy. 3. Sound Suppressors a. The department may provide sound suppressors for department issued patrol and SRT rifles that meet the requirements of this order. The issuance of department owned sound suppressors shall be at the discretion of the lead range officer. b. Officers with authorized personally owned rifles may purchase sound suppressors for duty use on those rifles that meet the requirements of this order with the approval of the lead range officer or designee. 14 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. 5. Target types will consist of, but not be limited to the following: Paper targets with printed design to represent areas to hit and be used in scoring accuracy. b. Steel targets that present instant feedback to the officer on accuracy. C. Shoot/don't shoot targets that represent the need for an officer to react appropriately. 6. Successful completion of a transitional training course conducted by the firearms training staff is required by any officer who changes from primary handgun of one design to a handgun of another design, prior to being approved to carry the new handgun. 7. Annual handgun proficiency qualification requirements shall consist of successful completion of one course consistent with ILEA for JAN 2022, each issued handgun and a personally owned weapon that has been approved as a backup. icy";,a • • VYf� 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. 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. 18 C. The use of a sound suppressor on a department owned or approved patrol rifle is subject to the following requirements: L The make and model of sound suppressor and method of attachment shall be approved by the lead range officer. ii. All approved sound suppressors shall attach via a "quick detach" muzzle device which shall be installed by a department armorer. iii. The rifle shall be zeroed with the sound suppressor attached and all qualifications shall be completed with the sound suppressor attached. iv. The sound suppressor shall be attached at all times when the rifle is carried and used on duty. d. Sound suppressors shall be inspected by department armorers as part of the rifle inspection. Repairs to sound suppressors shall only be completed by the manufacturer or manufacturer approved gunsmith. F. Authorized Ammunition 1. Department issued firearms must carry ammunition issued IJ�Ther, 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. 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: IF 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 .45 caliber Speer Gold Dot 125 GR HP Speer Gold Dot 125 GR GDHP Speer Gold Dot 147 GR Speer Gold Dot 180 GR Speer Gold Dot 230 GR Federal Tactical Bonded 165 GR 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: `',°I a. Initial date of service b. Description C. Manufacturer and Caliber 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. H. Firearms Modifications and Repairs 1. All department issued and department approved personally owned 16 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 notified in writing of all modifications or repairs and shall enter the modifications or repairs in the Departments record management system. Documentation shall be kept on file with the Lead Range Officer. I. Firearms Maintenance 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. IArd Cliy CEn; c 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 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. 17 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 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. d. Specific to PROS: during qualification, failure to fire 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_ N ? ; 71Ti PRO. Upon the expiration of the 3-months, the Commander of Field Operations shall determine if the rifle `s 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. 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 19 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 6M RE➢LINE VERSION Red highlights 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 January 25, 2020 Reevaluation Date Amends / Cancels January 2021 1 00-05 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 1. PURPOSE Use of Force Training Field Training 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. 11. 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 1 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. Ill. 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 FIYiiIQ11QM 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. sir, } Armorer - A member who has received specialized training to provide firearms manufacturer's authorized maintenance and repair for authorized firearms. The armorer must be recommended by the Lead Range Officer, Training Officer and approved by the Chief of Police or designee. The written approval shall specify which firearms the armorer is authorized to maintain and repair. Firearms — For the purposes of this policy firearms means handguns, shotguns, and rifles. It excludes less lethal shotguns and 37mm munitions. For these see GO 17-06 titled Less Lethal Weapons. 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. z Long -gun - Any firearm other than 8handgun. Includes all shotguns and rifles regardless of application. Patrol Rifle Operator (PRO) - 8 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 6ythe Commander of Field Operations. Subject - The person who is the focus of the police operation. Official color ofduty ' Any action taken byasworn officer whether onmoff 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 inanoff-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 /0',y:1ilk 1. All on -duty sworn personnel, whether inuniform OrnOn'unifmrrn,shall be armed with adepartmentally issued duty handgun. a. ExC8pt/ONS i Officers operating iUastatus where possession 0fa firearm would endanger the officer Orthe operation in which they are participating. fl. Where there isaneed tAorrequirement that officers secure their weapon prior Lnentering asecured area. Le. courtroom, correctional facilities urpsychiatric wings of hospitals. i/i. Officers with non -uniform administrative assignments while performing that assignment. IV. Officers an"light duty" will carry weapons based on limitations aSprovided byaphysician. I Prior hoinitial issuance orcarry while 8Uduty, all firearms shall b8 reviewed, inspected and approved byarange instructor Ar armorer. 8nenon-going basis, qualified instructors Vrarnnornr8shall conduct inspections Ofall firearms that are being carried bymembers. 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 L 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. i '141 , ,, 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 the officer has qualified with and carrying under the premise of their professional authorization to carry, it shall be concealed from public view. An officer carrying a personally owned weapon off -duty under the premise of their non-professional permit is not required to carry 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. (i.e. full chamber and magazines for semi -auto handguns and full cylinder for a, revolvers.) Department issued handguns will be carried only ir�=a department issued holster unless the officer has received permission from a member of Command Staff to use another holster approved by the lead firearms instructor. Personally owned handguns will be carried in a holster approved by the Lead Firearms Instructor. 11. While on duty shotguns will be carried with the magazine fully loaded the chamber empty, and safety on unless being used by the officer. Shotguns shall be stored in the appropriate locking rack of 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 leWeaJgVed ,_. 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 be secure from a minor under the age of fourteen years, if such person knows or has reason to believe that a minor under the age of fourteen years is likely to gain access to the firearm without the lawful permission of the minor's parent, guardian, or person having charge of the minor, the minor lawfully gains access to the firearm without the consent of the minor's parent, guardian, or person having charge of the minor, and the minor exhibits the 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 to. 21. Firearms shall not be modified after it has been approved without notification and approval of the Lead Range Instructor. 22. If a firearm is discharged in the line of duty it shall be immediately surrendered to the on -duty watch supervisor. If the firearm was issued 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 1. 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 lio! i 1. On -duty handgun, uniform duty An approved on -duty handgun for uniform duty is any department issued handgun as approved by the Chief of Police. b. Specifications L 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 3.5 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 CLOCK 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 L 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 ii. 40 caliber GLOCK model 23 ii. 9mm caliber GLOCK model 17-on an individual basis with - approval of the chief of police Authorized Personally Owned Backup Handguns 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 armorer or firearms instructor. ii. Revolvers must be double action. Single action only revolvers are prohibited. Semi -automatics shall be carried according to manufacturer specifications. Semi -autos 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 MCP D. Authorized Shotguns��") 72f` 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 C. Current authorized shotguns for patrol i. Remington: 87012 gauge pump action ii. Benelli M4 12 gauge semi -automatic 2. Special Response Team (SRT) a. The department shall provide a limited number of shotguns for use by the special response team. 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. Qualifications for Individually Owned Patrol Rif) ; E.. o9L 12(1 d t 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: 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 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, that officer may be removed from the Patrol Rifle program and the rifle surrendered to the Watch Commander. The Watch Commander shall secure the weapon and may designate another officer as a PRO. The newly appointed PRO shall have completed the minimum course for Patrol Rifle Operators and supply qualifying range scores and sight confirmation records to the Training and Accreditation Sergeant. 2. 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 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 rpr registered with the ATF 212, 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 ME 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 ii. Bravo Company, Model: BCM4 iii. Colt, Models: 6720, - iv. Springfield, Model: Saint V. Knight's Armament, Model: SR15 vii. LMT, Model: Defender 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. 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 attended 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 Sri e 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 shoulder weapon while on duty and on their patrol watch. SRT members carrying their assigned weapon must follow the guidelines provided in this policy. 14 e of a sound suppressor on. r department owned ol d pittrul riflC IS SUI71e Cr to tl'W iUilG•N1ng reil Uifenlent5: make and model of sound suppressor and method (31 hment shall be approved by the lead range off icer. tproved sound suppressors shall attach via a "quick lch" muzzle device which shall be installed by a rtment armorer, rifle shall essor ;;bed and all the, suppresso pressor shall hen ed and use. Sound suppressors shall be i part of the rifle inspection. Rt3 pleted by the manuF h. F. Authorized Ammunition 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. 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: 15 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 Jounce rifled slugs .45 caliber Speer Gold Dot 125 GR HP Speer Gold Dot 125 GR GDHP Speer Gold Dot 147 GR Speer Gold Dot 180 GR Speer Gold Dot 230 GR Federal Tactical Bonded 165 GR 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 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. H. Firearms Modifications and Repairs 16 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 notified in writing of all modifications or repairs and shall enter the modifications or repairs in the Departments record management system. Documentation shall be kept on file with the Lead Range Officer. Firearms Maintenance 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 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. 17 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. 5. Target types will consist of, but not be limited to the following: Paper targets with printed design to represent areas to hit and be used in scoring accuracy. b. Steel targets that present instant feedback to the officer on accuracy. C. Shoot/don't shoot targets that represent the need for an officer to react appropriately, � 6. Successful completion of a transitional training course conducted by the firearms training staff is required by any officer who changes from primary handgun of one design to a handgun of another design, prior to being approved to carry the new handgun. 7. 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. 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 18 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 may continue until the standard is met, but will not exceed five (5) duty days without administrative review. C. Continued failure to meetthe standard may result in administrative action being taken against the officer. ZQ d. Specific to PROS: during qualification, failure to fire 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. 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. 19 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 1A o7 20 l , A • ' • q' : • j ' 1 1 . 11 ' !i IOWA CITY PUBLIC LIBRARY, RM A 123 South Linn Street, IC ITEM NO. 1 CALL TO ORDER & ROLL CALL ITEM NO. 3 CONSIDER MOTION TO ACCEPT CORRESPONDENCE AND/OR DOCUMENTS ITEM NO. 4 POLICE DEPARTMENT PRESENTATION ITEM NO. 5 PUBLIC DISCUSSION WITH COMMUNITY POLICE REVIEW BOARD ITEM NO. 6 ADJOURNMENT Iowa City Public Library Rm A ELL 123 South Linn St, IC COMMUNITY POLICE REVIEW BOARD COMMUNITY FORUM The Community Police Review Board will be holding a Community Forum for the purpose of hearing views on the policies, practices and procedures of the Iowa City Police Department. INSERT Topic/presenter here QUESTIONS & COMMENTS: Send your questions or comments you'd like addressed at the forum to the following by Monday, April 13, 2020: Please include full name and address. (All correspondence is public) CPRB Or e-mail to CPRB staff: City of Iowa City christine-olney@iowa-city.org 410 E Washington St, 52240 1st General News Release DRAFT '--'& ?y Community invited to attend Community Police Review Board forum The Community Police Review Board (CPRB) will host its annual Community Forum to hear views on Iowa City Police Department policies, practices and procedures. The community is invited to submit questions and comments that will be used during the event. The forum will begin at 6 p.m., Monday, April 27, 2020, inside Meeting Room A of the Iowa City Public Library, 123 S. Linn St. Police Chief Jody Matherly also attend the forum and be available to meet and talk with participants. Questions and comments are due by Monday, April 13 and can be emailed to christine- olneyPiowa-city.org or mailed to CPRB at City Hall, 410 E. Washington St., Iowa City, Iowa 52240. Be sure to include your full name and address as all submissions are public. The board will try to address all questions and comments it receives. The forum will also be recorded and later shown on City Channel 4. You can view programming and the schedule at www.citychannel4.com. 2nd General News Release DRAFT Community Police Review Board Forum The Community Police Review Board will host its annual Community Forum to hear Views on Iowa City Police Department policies, practices and procedures. The forum will begin at 6 p.m., Monday April 27, 2020 inside Meeting Room A of the Iowa City Public Library, 123 S. Linn Street, Iowa City. Police Chief Jody Matherly will also attend and be available to meet and talk with participants. Additional information about the Community Police Review Board is available at https://www. icgov.org/city-government/boards/community-police-review-board-cprb CPRB Community Forum 9907 Monday April 27, 2020 6:00 p.m. _Board members — hand out flyers (directly to people) nick different neighborhoods (Email/Handout to Board by 3/10/20) Publicizing Forum • Email Notice to (Cable to run on City Channel)-2/18/20 • Email Notice to (Neighborhood Outreach) for email contacts for lists—2/18/20 • Add Meeting to City Web Event Calendar (with notice) 2/18/20 • Post Notice in City Building —City Hall 3/18/20 • Email Notice to staff of Brds/Comm (City Clerk) — 3/18/20 • Email Notice to Dept. Heads/Division Secretaries to post (City Clerk) - 3/18/20 • Email Notice to UISG (City Clerk) — 3/19/20 • Hardcopy Notice in all City Buses (28 Card Stock) — To TRM 3/19/20 internal mail • 1st General News Release (re: Forum) — 3/23/20 (with deadline 4/13/20 for questions) • (Communications) Highlights/FB/Twitter—Link to 1st General News Release— 3/23/20, • Copy of 1' News Release/Notice in Council packet — 3/26/20 (off week packet) • Notice in Council packet - 4/1/20 (for 4/7/20 meeting) • 2nd General News Release (re: Forum) — 4/20/20 (no deadline for questions) • Copy of 2nd Release in Council packet— 4/23/20 (off week packet) • (Communications)Highlights/FB/Twitter— Link to 2nd News Release— 4/20/20 • Post Agenda & Agenda News Release — 4/16/20 -----------------------___ Videotape of Forum Cable to videotape and re -broadcast Forum on the City Channel for couple of months Items for Forum: ✓ Forum Agenda copies ✓ Name Plates of Board Members/Staff ✓ Calendar Year Complaint Information copies (past three years) ✓ Sign in Sheets ✓ Brochures ✓ Complaint Applications ✓ Information Sheet copies ✓ Forum Poster Board ✓ Ink Pens/Scotch Tape ✓ Recorder After Meeting: - Forum Meeting Minutes (Prepared by Staff as draft) - Transcriptions of Forum - Forum Summary Report (Prepared by Board) Neighborhood Centers of Johnson County BOA [Py P.O. Box 2491 Iowa City, IA 52244 • Email Notices to Neighborhood Ctrs (Broadway/Pheasant Ridge) — Do by 4/l/20 ncic a,ncic.org (354-2886) Shelter House 429 Southgate Ave Iowa City, IA 52240 • Email Notices to Shelter House (sent to Crissy) — Do by 4/l/20 crissy0shelterhouseiowa org (351-0326) The Housing Fellowship 322 E 2"d St Iowa City, IA 52240 • Email Notices to Housing Fellowship — Do by 4/l/20 Ingwmire0housingfellowship.com (358-9212) The Salvation Army Iowa City Corps 1116 Gilbert Ct Iowa City, IA 52240 • Email Notices to The Salvation Army — Do by 4/1/20 pam boatengtolusc salvationarmy om (337-3725) 1105 FACILITY Crisis Center of JC 1121 Gilbert Ct Iowa City, IA 52240 • Email Notices to Crisis Center— Do by 4/l/20 adminPiccrisiscenter.org (351-2726) Free Lunch Program PO Box 2831 Iowa City, IA 52244 • Email Notices to Free Lunch Program — Do by 4/l/20 icfreelunch(agmail.com (337-6283) Domestic Violence Program PO Box 3170 Iowa City, IA 52244 + Email Notices to Domestic Violence Program —Do by 4/l/20 kristie(obdvi iowa.org (356-9863) Kristie Dozer, Exec Director No bulletin board, but will post info on website National Alliance on Mental Illness (NAMI) PO Box 3087 Iowa City, IA 52244 • Email Notices to NAMI — Do by 4/1/20 • marv.issah(@namiic.org (337-5400) Fln, m s ncS 6 ism � a„ s rRm mm mom pg9'T r mvN'vc�w� e„e �M mMm n Vim^ aaaammmm mmMm saw ss�sss��ssass�m�msms���m <sa=s Qas�<<� S���mmm��mrrm mmmr mmmmmrmmm����m m �m�m�m m�m��� �m mm���m� a` a g¢ a a g a a g a g g g g a g g g g a ¢¢¢¢¢¢ a¢ g g g ¢¢¢ g a¢ a a a s g¢ a a aavss$$$gg gg' $g g g.g€€€'.g�g'ggu�suvU� rz az.$''' >t uoo��uuuuo u E �a ac €€$$3€E$Eooa o000 0000000�££££3SSo Si:a3 °siiS€ i3��£� m u a o -`�� a •E 0 } v a m > .�i Ij '�" " _ .Si &o qs e z'o zn' 3^ z .96m8ry8rv8m�m�$r�8R&„"a rS�eA aara.�. 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E" o g �9 E E 6 E E m a c r o o mJN z $ w; i s m= p o Updated 1113120 COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5043 Monique Galpin, Chair 1104 Muscatine Ave Iowa City, IA 52240-5500 (C)319-936-5064 monigue-galpin(a?uiowa.edu Orville Townsend, Sr. Vice -Chair 713 Whiting Ave Iowa City, IA 52245-5644 (H)319-354-5995 (C) 319-331-3482 orville.townsend@q.com David Selmer 403 Boyd Ct Iowa City, IA 52245 (C)319-331-9956 davidselmer(a)hotmail.com Latisha McDaniel 331 Willow Wind Place Iowa City, IA 52246 (C) 214-682-3014 brufanegratrDgmail. com Samuel Conaway 2643 Westwinds Dr. Apt #4 Iowa City, IA 52246 (C) 319-930-0791 Saconawav4p,gmail.com Patrick Ford, Legal Counsel Leff Law Firm, L.L.P. 222 South Linn Street Iowa City, IA 52240-1601 (0)319-338-7551 (C) 319-430-1549 ford .lefflaw.com Term: July 1, 2016 — June 30, 2020 Term: July 1, 2016—June 30, 2020 Term: July 1, 2017 — June 30, 2021 Term: July 1, 2017 — June 30, 2021 Term: July 1, 2019 — June 30, 2023 Updated 1113120 City Legal -Sue Dulek 319-356-5030 Sue-d u le k(dNowa-city. orq Police Chief — Jody Matherly 319-356-5271 Jody-matherly(a)iowa-city. orq Equity Director -Stefanie Bowers 319-356-5022 Stefan ie-bowersf')a iowa-city.oM CPRB Staff — Chris Olney 319-356-5043 Christine-olnevfa.iowa-city. orq City Clerk — Kellie Fruehling 319-356-5041 Ke I I ie-frueli ng(g.iowa-city. orq City Council Liaison —Janice Weiner 571-426-9869 Janice-weiner('a Iowa-city.org OFFICE CONTACTS January 2020 Date Description 1/21/20 Caller requested complaint application to be mailed February 11, 2020 Mtg Packet COMMUNITY POLICE REVIEW BOARD COMPLAINT DEADLINES CPRB Complaint #19-05 Filed: 09/03/19 Chief's report due (90 days): 12/02/19 Chief's report filed: 12/02/19 CPRB meeting #1 (Review): 12/10/19 CPRB meeting #2 (Review): 01/14/20 CPRB meeting #3 (Review): 02/11/20 CPRB meeting #3 (Review): ??/??/?? CPRB report due (90 days): 03/02/20 TENTATIVE MEETING SCHEDULE March 10, 2020 April 14, 2020 April 27, 2020 Community Forum May 12, 2020 June 9, 2020 The following documents were handed out during the meeting. OPS-12.1 Original Date of Issue General Order Number July 30, 1999 99-08 Effective Date of Reissue Section Code - February 11, 2020 OPS-12 Reevaluation Date Amends e `; February 2023 OPS-12 Previous VersioriIilt)13>r_' C.A.L.E.A. Reference 41.3.8 1 (see "INDEX AS:") INDEX AS: Use of Force Internal Investigations Evidence Evaluations Traffic Stops Recording Devices In -car Recorders Body Worn Cameras (BWC) Late Handouts Distributed (Date) 1. PURPOSE The purpose of this policy is to identify when recording devices should be used and procedures to be followed when using the recording equipment. Note: this policy specifically does not govern nor apply to covert operations and any related recordings. II. POLICY It is the policy of the Iowa City Police Department that all members serving a patrol or investigative function, to include road CSOs and Animal Control Officers, be required to use recording devices to collect evidence and document interactions between officers and the public. Only approved equipment will be used by department members and usage shall comply with the manufacturer's instructions. All videos are the property of the Iowa City Police Department. Any distribution of a video or portion.of a video shall only be done with the authorization of the Chief of Police or his/her designee. The unauthorized playing or copying of any video is prohibited. OPS-12.2 Ill. DEFINITIONS Audio/video recording equipment consists of: In -car recorders to include a camera, recorder, flashcard and LCD Display. These units are within the vehicle. 2. Body worn cameras (BWC) of a type selected and issued by the Department, are cameras worn on an individual officer's person that record and store audio, video and metadata evidence. IV. PROCEDURES The Iowa City Policy Department has adopted the use of the BWQ and in -car recorders to accomplish several objectives. The primary objective's' -;"are as follows: 1. BWCs and in -car recorders allow for accurate documentatn of police - public contacts, arrests, and critical incidents. They also serve to enhance the accuracy of officer reports and testimony4n court. 2. Audio and video recordings also enhance the Iowa City Police Department's ability to review probable cause for arrest, officer and suspect interaction, and evidence for investigative and prosecutorial purposes and to provide additional information for officer evaluation and training. 3. The BWC and in -car recorders may also be useful in documenting crime and accident scenes or other events that include the confiscation and documentation of evidence or contraband. The Commander of Administrative Services or his/her designee will supervise the use, storage, duplication and erasing of the material recorded by members of this department. If an officer notices that there is a problem with the equipment, he/she shall notify a watch supervisor. The watch supervisor will forward notification of the problem or malfunction to the Commander of Administrative Services or his/her designee. Only persons trained in the servicing of audio/visual equipment will service the equipment. Any defective unit will not be used, and when practical, will be removed from service until repaired. If an employee who is not trained in the use of the in -car recorder is assigned to a vehicle containing one, after their assignment they should notify a supervisor. The supervisor shall then assign identity to that portion of the video not identified. Officers are not required to inform the person(s) that the recording equipment is in use, however, it may be advantageous to do so to de-escalate a situation anc possibly reduce the need to use force. People generally are on their best behavior when they know they are being recorded. Officers shall disclose the use of a video recorder upon inquiry. G OPERATION OF THE RECORDING APPARATUS In -car Recording Apparatus Officers shall log into the in -car recorder at the beginning of their shift and synch their BWC to the vehicle. Officers shall inspect and test the in -car recording system prior to each shift to verify proper functioning and shall notify their supervisor of any problems. In -car audio/visual recording units will be installed such that they are activated when: 1. turning on emergency lights 2. turning on siren 3. manual activation by pushing the O record button 4. manual activation by activating a synched BWC 5. excessive speed with no lights or siren All traffic stops shall be recorded in their entirety. Officers should, to the extent possible, use the recording equipment to document the administration of field sobriety tests, remembering that their top priority is safety. In addition to traffic stops, officers shall manually activate their recording equipment on calls for service and on self -initiated field activity if it involves an encounter with a person. Officers, if able, shall activate the in-cae,,rocorder system immediately upon being involved in a motor vehicle cratla:^`It is -- recommended that officers consider activating the in -car recorder-systufn when responding to calls -for -service where video capture of persons/vehicles leaving the scene of incidents has investigative value. Once a recording unit has been activated it shall only be stopped when the incident in question is concluded unless allowed under this policy. When a recording is going to be made inside the Department by one of the OWI or interview room cameras the BWC and in -car system may be stopped if interior recordings are initiated. When leaving the Department, if still in the presence of the person, the in -car recorder shall be reactivated during transport of any person. When stopping a video recording it should whenever possible be done from the in -car recorder to allow classification to synch to the BWC as well. It is mandatory to give each video a classification at time of stopping the video. Officers shall be as accurate as possible when classifying videos to achieve required retention. Officers can choose from the list below in the vehicle when classifying a video. Video Classifications Retention Length 1-equipment check 30 days OPS-12.4 2-No CFS 180 days 3- Parking/motorist assist 180 days 4- Warning 180 days 5- CFS / no report 180 days 6- Accident 365 days 7- DWI 730 days 8-CFS / Report 365 days 9- Citation 365 days 10- Use of Force 730 days 11- Arrest 730 days 12- Robbery 730 days a 13- Assault 730 days 14- Domestic 730 days 15- Death Investigation indefinite Upon completion of a recorded event which results in an arrest the Officer shall use the CFS# classification to associate the call for service number associated to the video files. This shall be done by all responding officers. Use of video classification and CFS# entry applies only to events managed with in vehicle recorders. Body Worn Cameras (BWC) BWC's that are properly synched to an in -car device will automatically start when the in -car recorder is activated. The BWC will also start an in -car recorder when initiating a recording. When responding to a call for service officers shall activate the BWC prior to arriving on scene or at the first opportunity to safely do so. Additionally, officers shall activate the BWC at the initiation of any other law enforcement or investigative encounter between a police officer and a member of the public to include: Stops (including traffic stops), frisks, searches, arrests, consensual interviews and searches, enforcement actions of all kinds, and any encounter that becomes in any way hostile or confrontational. The BWC shall be activated when a firearm is used to destroy an animal. Exceptions to this requirement include interviews with victims of sexual assault, domestic abuse, or other sensitive crimes, or the recording of witnesses who are concerned about retaliation if they are seen as cooperating with the police. Officers' may also use their discretion during routine and casual situations such as officers on foot or bike patrol who wish to converse with neighborhood residents and where turning on a video camera could make the encounter seem officious and may make the person reluctant to speak with the officer. Officers may also deactivate their BWC during the following types of situations: In locations where individuals have a reasonable expectation of privacy, such as a residence, they may decline to be recorded unless the recording is being made pursuant to an arrest or search of the residence or the OPS-12.5 individuals or other enforcement action is occurring in such a location. The BWC shall remain activated until the event is completed to ensure the integrity of the recording unless the contact moves into an area restricted by this policy. Once an officer has finished investigating a collision and the involved parties have been released, the officer may deactivate the BWC prior to clearing the call to complete any paperwork. If an officer responds to assist with traffic control at the scene of a collision, fire or similar incident, the officer may deactivate the BWC when there is no interaction with persons or that interaction has ended. While on a tow call or issuing a parking citation when there is no interaction with persons or that interaction has ended and after capturing any violation or damage with the BWC. NOTE: The recording must be iongeri,Than 60 seconds for it to be accepted into the video system. Animal control calls (unless a firearm is used) where there is"no interaction with persons or that interaction has ended. Other calls where there is no further interaction with person ;©r that interaction has ended, for example, an DWI investigation where th4person has been taken to jail or otherwise released and the officer still has-' additional paperwork. When a recording is going to be made inside the Department by one of the OWI or interview room cameras, officers shall only deactivate their BWC after the appropriate room video system has been activated to avoid any lapses in recording. When leaving the Department, if still in the presence of the person, the BWC shall be reactivated prior to deactivating the DWI and interview room cameras to avoid any lapses in recording. If at any point during these types of calls any of the previously listed situations occur where a BWC is required, the BWC shall be reactivated. The above list is to serve as a guide and is not intended to be all inclusive. If in doubt, record it. If an officer fails to activate the BWC, fails to record the entire contact, or interrupts the recording, the officer shall document why a recording was not made, was interrupted, or was terminated. This is to include muting the audio. A brief statement in the recorder prior to the interruption shall be sufficient documentation. If an officer's BWC needs to be replaced during their watch for any reason, the patrol supervisor will use the WatchGuard Kiosk application to check out another camera for them to use. OPS-12.6 Procedures for BWC Use Officers shall inspect and test the BWC prior to each shift to verify proper functioning and shall notify their supervisor of any problems. Officers who are assigned BWC equipment shall use the equipment unless otherwise authorized by supervisory personnel. Police personnel shall use only BWCs issued by this department. The BWC equipment and all data, images, video, and metadata captured, recorded, or otherwise produced by the equipment is the sole property of the agency. Police personnel who are assigned BWCs must complete an agency approved and/or provided training program to ensure proper use and operations. Additional training may be required at periodic intervals to ensure the continued effective use and operation of the equipment, proper calibration and performance, and to incorporate changes, updates, or other revisions in policy and equipment. BWC equipment is the responsibility of individual officers and will be used with reasonable care to ensure proper functioning. Equipment malfunctions;Oall be brought to the attention of the officer's supervisor as soon as possible sd that a replacement unit may be procured. The BWC shall be worn on the officer's chest with clear view to ikt� front (not blocked by clothing or other equipment) and properly oriented. = Procedures for Both In -car Recorder and BWC Use Officers shall not edit, alter, erase, duplicate, copy, share, or otherwise distribute recordings in any manner without prior written authorization and approval of the Chief of Police or his or her designee. Officers are encouraged to inform their supervisor of any recordings that may be of value for training purposes. Requests for deletion of portions of the recordings (e.g., in the event of a personal recording) must be submitted in writing and approved by the Chief of Police or his or her designee. All requests and final decisions shall be kept on file. Officers shall note in their incident, arrest, and related reports when recordings were made during the incident in question. However, BWC recordings are not a replacement for written reports. Restrictions on Using the In -car Recorder or BWC In -car recorders and BWCs shall be used only in conjunction with official law enforcement duties and shall not be used to record the following: OPS-12.7 • Encounters with undercover officers or confidential informants. • When on break or otherwise engaged in personal activities. • Communications with other police personnel without the permission of the Chief of Police. • Unless in the scope of officers' official duties and with an articulable reason, officers will not use the in -car recorder or BWCs in any location where individuals have a reasonable expectation of privacy, such as a restroom or locker room. Record After -The -Fact The new recording system has the capability of running in a continuous record, However, this feature has been disabled on the body worn devices, the only time any recording will be captured on a body worn device is when the recording is activated by the front button, or when initiated by a synched in car recording device. This is to maintain a level of privacy for those wearing body worn devices and to prevent excessive drain on battery life. If at some point this feature is to be used it will be by directive of the Chief of Police and appropriate notification will be sent to all users prior to the change. =, Record after the fact will be functional and running on all patrol vehicle t`corders, this will be used in case of major incident or investigation that has eduse_to believe the patrol vehicle may have been in an area and captured footage of an event or pre/post event footage when a car recorder was not in the -recce state. Officers should be aware that all patrol vehicle records have this feature,land are always in record state, however only videos that are event initiated are ever exported to the system for playback. Any video captured after the fact, as well as the 1 min pre -record on all videos, have no audio associated with them as it is only video playback. If a recording of value is found on a recorder it can be changed to an event and exported to the system for saving and further viewing. Storage and Release All files shall be securely downloaded periodically and no later than the end of each shift. Each file shall contain information related to the date, in -car recorder or BWC identifier, and assigned officer. All images and sounds recorded by the in -car recorder or BWC equipment are the exclusive property of the Iowa City Police Department. Accessing, copying, or releasing files for non -law enforcement purposes is strictly prohibited. OPS-12.8 All access to in -car recorder or BWC files must be specifically authorized by the Chief of Police or their designee, and all access is to be logged and available for audit to ensure that only authorized users are accessing the data for legitimate and authorized purposes. ►NIa]*01041r4Lit 11 it Proper classification of videos will determine how long a video is retained. If an improper classification is made for a series of recordings they can be reclassified through the software interface. Refer to section on video classification for standard retention lengths. If a video is part of a major case that will require longer or permanent retention disk copy of all video should be requested and submitted to evidence by responsible officer or detective. VIDEO ACCESS PERMISSIONS Supervisors will have access to view all videos. Investigations user have view only access to all videos. All officers will have access to view their own video and recordings from the intox area. Supervisory Responsibilities - At least on a semi-annual basis (Jan-Jun/Jul-Dec), supervisors Wi[f rant�gmly* review two in -car or BWC recordings of each employee under their supervision to ensure that the equipment is operating properly and that officers are using the devices appropriately and in accordance with policy and to identify any areas in which additional training or guidance is required. On January 1St and August 1St of each year, each Watch Commander, Lieutenant of Investigations and Animal Control Supervisor, shall forward to the Commander of Field Operations the information on the prescribed form (Appendix A). *For this policy Randomly means videos randomly selected that are not already being reviewed for another purpose. Media Card Control Normally, video for the in -car recorders is downloaded wirelessly through a secured wireless connection. In the case of failure of that system, the video files will need to be downloaded manually. In -car recorder videos are captured on USB drives on a recorder located in each vehicle. The USB drives shall only be removed by a supervisor who will remove the USB drive and upload the files. The same USB drive must go back into the car it was removed from after uploading. USB drives are not interchangeable. BWCs have no user removable media cards and are downloaded by use of a docking station. OPS-12.9 If the video contains documentation of a use of force, the fact that there is a video should be included in the Use of Force Report form. In instances where there is a complaint against a member of the department, the supervisor receiving the complaint shall ascertain if the event in question was recorded. Video files are stored on the serer located inside the secure server area at the City of Iowa City Facility, all files are backed up on a routine basis and backup tapes will be stored within City of Iowa City secured facilities. ►TIIa1X67a161gal -111iM211:2Osis] When video is requested a complete case of all video will be assembled and a link to the video case will be created for cloud share purposes. Request for video from outside entities will be done through cloud share capabilities through the WatchGuard system. Videos from prior video system shall be done via physical disk. When requested by the JCAO, or City of Iowa City Legal division, they will be responsible for dissemination of the cloud share link to other involved parties. It is the responsibility of the receiving party to create physical disks as needed from the cloud share. Cloud share default expiration shall be 60 days unless otherwise requested. The Chief of Police has the discretion to authorize the deletion of any irraar video recordings or body camera recordings that have been unintentionally captured, invasive or private, and not pertinent to any case or inquiry. 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. REDLINE VERSION Red highlights are deletions Green highlights are additions OPS-12.1 i 0 a 1 0 • r REC0RDE# a Original Date of Issue General Order Number July 30, 1999 99-08 Effective Date of Reissue Section Code February 11, 2020 1 OPS-12 Reevaluation Date Amends February 2023 1 OPS-12 Previous Version 2013 C.A. L. EA• Reference 41.3.8 1 (see "INDEX AS:") INDEX AS: Use of Force Internal Investigations Evidence Evaluations Traffic Stops Recording Devices In -car Recorders Body Worn Cameras (BWC) Late Handouts Distributed -t,/ 1 I 9+ (Date) I. PURPOSE The purpose of this policy is to identify when recording devices should be used and procedures to be followed when using the recording equipment. Note: this policy specifically does not govern nor apply to covert operations and any related recordings. II. POLICY It is the policy of the Iowa City Police Department that all members serving a patrol or investigative function, to include road CSOs and Animal Control Officers, be required to use recording devices to collect evidence and document interactions between officers and the public. Only approved equipment will be used by department members and usage shall comply with the manufacturer's instructions. All videos are the property of the Iowa City Police Department. Any distribution of a video or portion of a video shall only be done with the authorization of the Chief of Police or his/her designee. The unauthorized playing or copying of any video is prohibited. OPS-12.2 III. DEFINITIONS Audio/video recording equipment consists of: In -car recorders to include a camera, recorder, flashcard and LCD Display. These units are within the vehicle. 2. Body worn cameras (BWC) of a type selected and issued by the Department, are cameras worn on an individual officer's person that record and store audio, video and metadata evidence. IV. PROCEDURES The Iowa City Policy Department has adopted the use of the BWC and in -car recorders to accomplish several objectives. The primary objectives are as follows: 1. BWCs and in -car recorders allow for accurate documentation of police - public contacts, arrests, and critical incidents. They also serve to enhance the accuracy of officer reports and testimony in court. 2. Audio and video recordings also enhance the Iowa City Police Department's ability to review probable cause for arrest, officer and suspect interaction, and evidence for investigative and prosecutorial purposes and to provide additional information for officer evaluation and training. 3. The BWC and in -car recorders may also be useful in documenting crime and accident scenes or other events that include the confiscation and documentation of evidence or contraband. The Commander of Administrative Services or his/her designee wilesup4vise the use, storage, duplication and erasing of the material recorded by.-rMy gmbots of this department. w If an officer notices that there is a problem with the equipment, he/she shall notify a watch supervisor. The watch supervisor will forward notification of the --problem or malfunction to the Commander of Administrative Services or his/her designee. Only persons trained in the servicing of audio/visual equipment will service the equipment. Any defective unit will not be used, and when practical, will be removed from service until repaired. If an employee who is not trained in the use of the in -car recorder is assigned to a vehicle containing one, after their assignment they should notify a supervisor. The supervisor shall then assign identity to that portion of the video not identified. Officers are not required to inform the person(s) that the recording equipment is in use, however, it may be advantageous to do so to de-escalate a situation and possibly reduce the need to use force. People generally are on their best behavior when they know they are being recorded. Officers shall disclose the use of a video recorder upon inquiry. OPS-12.3 OPERATION OF THE RECORDING APPARATUS In -car Recording Apparatus Officers shall log into the in -car recorder at the beginning of their shift and synch their BWC to the vehicle. Officers shall inspect and test the in -car recording system prior to each shift to verify proper functioning and shall notify their supervisor of any problems. In -car audio/visual recording units will be installed such that they are activated when: 1. turning on emergency lights 2. turning on siren 3. manual activation by pushing the 8 record button 4. manual activation by activating a synched BWC 5. excessive speed with no lights or siren All traffic stops shall be recorded in their entirety. Officers should, to the extent possible, use the recording equipment to document the administration of field sobriety tests, remembering that their top priority is safety. In addition to traffic stops, officers shall manually activate their recording equipment on calls for service and on self -initiated field activity if it involves an encounter with a person. Officers, if able, shall activate the in -car recorder system immediately upon being involved in a motor vehicle crash. It is; recommended that officers consider activating the in -car recorder system when responding to calls -for -service where video capture of persons/vehicles`leaving the scene of incidents has investigative value. Once a recording unit hews been activated it shall only be stopped when the incident in question is;,poncluded unless allowed under this policy. When a recording is going to be made inside the Department by one okthe OWI or interview room cameras the BWC and in -car system may be stopped if interior recordings are initiated. When leaving the Department, if still in the presence of the person, the in -car recorder shall be reactivated during transport of any person. When stopping a video recording it should whenever possible be done from the in -car recorder to allow classification to synch to the BWC as well. It is mandatory to give each video a classification at time of stopping the video. Officers shall be as accurate as possible when classifying videos to achieve required retention. Officers can choose from the list below in the vehicle when classifying a video. Video Classifications Retention Length 1-equipment check 30 days 3- Parking/motorist assist 180 days 4- Warning 180 days 5- CFS / no report 180 days 6- Accident 365 days 7- OWI 730 days 8-CFS / Report 365 days 9- Citation 365 days 10- Use of Force 730 days 11- Arrest 730 days 12- Robbery 730 days 13- Assault 730 days 14- Domestic 730 days 15- Death Investigation indefinite Upon completion of event which re use the CFS# classifica on o associate the call for se the video files. This shall be done by all re s o tion and CFS# entry c Body Worn Cameras (BWC) BWC's that are properly synched to an in -car device will automatically start when the in -car recorder is activated. The BWC will also start an in -car recorder when initiating a recording."; When responding to a call for service officers shall activate the BWC prior to arriving on scene or at the first opportunity to safely do so. Additionally, officers shall activate the BWC at the initiation of any other law enforcement or investigative encounter between a police officer and a member of the public to include: Stops (including traffic stops), frisks, searches, arrests, consensual interviews and searches, enforcement actions of all kinds, and any encounter that becomes in any way hostile or confrontational. The BWC shall be activated when a firearm is used to destroy an animal. Exceptions to this requirement include interviews with victims of sexual assault, domestic abuse, or other sensitive crimes, or the recording of witnesses who are concerned about retaliation if they are seen as cooperating with the police. Officers' may also use their discretion during routine and casual situations such as officers on foot or bike patrol who wish to converse with neighborhood residents and where turning on a video camera could make the encounter seem officious and may make the person reluctant to speak with the officer. Officers may also deactivate their BWC during the following types of situations: OPS-12.5 In locations where individuals have a reasonable expectation of privacy, such as a residence, they may decline to be recorded unless the recording is being made pursuant to an arrest or search of the residence or the individuals or other enforcement action is occurring in such a location. The BWC shall remain activated until the event is completed to ensure the integrity of the recording unless the contact moves into an area restricted by this policy. Once an officer has finished investigating a collision and the involved parties have been released, the officer may deactivate the BWC prior to clearing the call to complete any paperwork. If an officer responds to assist with traffic control at the scene of a collision, fire or similar incident, the officer may deactivate the BWC when there is no interaction with persons or that interaction has ended. While on a tow call or issuing a parking citation when there is no interaction with persons or that interaction has ended and after capturing any violation or damage with the BWC. NOTE: The recording must be longer than 60 seconds for it to be accepted into the video system. Animal control calls (unless a firearm is used) where there is no interaction with persons or that interaction has ended. Other calls where there is no further interaction with persons or that interaction has ended, for example, an OWI investigation where the person has been taken to jail or otherwise released and the officer still has' additional paperwork. a 7 When a recording is going to be made inside the Departmen'~byone•of the OWI or interview room cameras, officers shall only deactivate1heir RWC „ after the appropriate room video system has been activated to auoid.any lapses in recording. When leaving the Department, if still in that presence of the person, the BWC shall be reactivated prior to deactivating the Cell and interview room cameras to avoid any lapses in recording. If at any point during these types of calls any of the previously listed situations occur where a BWC is required, the BWC shall be reactivated. The above list is to serve as a guide and is not intended to be all inclusive. If in doubt, record it. If an officer fails to activate the BWC, fails to record the entire contact, or interrupts the recording, the officer shall document why a recording was not made, was interrupted, or was terminated. This is to include muting the audio. A brief statement in the recorder prior to the interruption shall be sufficient documentation. OPS-12.6 If an officer's BWC needs to be replaced during their watch for any reason, the patrol supervisor will use the WatchGuard Kiosk application to check out another camera for them to use. Procedures for BWC Use Officers shall inspect and test the BWC prior to each shift to verify proper functioning and shall notify their supervisor of any problems. Officers who are assigned BWC equipment shall use the equipment unless otherwise authorized by supervisory personnel. Police personnel shall use only BWCs issued by this department. The BWC equipment and all data, images, video, and metadata captured, recorded, or otherwise produced by the equipment is the sole property of the agency. Police personnel who are assigned BWCs must complete an agency approved and/or provided training program to ensure proper use and operations. Additional training may be required at periodic intervals to ensure the continued effective use and operation of the equipment, proper calibration and performance, and to incorporate changes, updates, or other revisions in policy and equipment. BWC equipment is the responsibility of individual officers and will be used with reasonable care to ensure proper functioning. Equipment malfunctions shall be brought to the attention of the officer's supervisor as soon as possible so that a replacement unit may be procured. The BWC shall be worn on the officer's chest with clear view to the front (not blocked by clothing or other equipment) and properly oriented. Procedures for Both In -car Recorder and BWC Use - s Officers shall not edit, alter, erase, duplicate, copy, share, or otherHise.:distribute recordings in any manner without prior written authorization and, al proual of the Chief of Police or his or her designee. Officers are encouraged to inform their supervisor of any recordings the may be of value for training purposes. Requests for deletion of portions of the recordings (e.g., in the event of a personal recording) must be submitted in writing and approved by the Chief of Police or his or her designee. All requests and final decisions shall be kept on file. Officers shall note in their incident, arrest, and related reports when recordings were made during the incident in question. However, BWC recordings are not a replacement for written reports. OPS-12.7 Restrictions on Using the In -car Recorder or BWC In -car recorders and BWCs shall be used only in conjunction with official law enforcement duties and shall not be used to record the following: • Encounters with undercover officers or confidential informants. • When on break or otherwise engaged in personal activities. • Communications with other police personnel without the permission of the Chief of Police. • Unless in the scope of officers' official duties and with an articulable reason, officers will not use the in -car recorder or BWCs in any location where individuals have a reasonable expectation of privacy, such as a restroom or locker room. Record Afte� The new recording s', itity of running in a continuous record, However, this feature ed on the body worn devices, the only time any recording will be captured on a body worn device is when the recording is activated by the front button. or when initiated by a synched in car recording device. This is to maintain a level of privacy for those wearing body worn devices and to prevent excessive drain on battery life. If at some point this feature is to be used it will be by directive of the Chief of Police and appropriate notification will be sent to all users prior to the change. Record after the fact will be functional and running on all patrol vehicle rkorders, this will be used in case of major incident or investigation that has cause tee believe the patrol vehicle may have been in an area and captured -footage of an event or pre/post event footage when a car recorder was not in the record. state., Officers should be aware that all patrol vehicle records have this feature aid art always in record state, however oniy videos that are event initiated_ ere eve, exported to the system for playback. Any video captured after the fact, as well as the t ruin pre -record on all videos, have no audio associated with them as it is only video playback. If a recording of value is found on a recorder it can be changed to an event and exported to the system for saving and further viewing, OPS-12.8 Storage and Release All files shall be securely downloaded periodically and no later than the end of each shift. Each file shall contain information related to the date, in -car recorder or BWC identifier, and assigned officer. All images and sounds recorded by the in -car recorder or BWC equipment are the exclusive property of the Iowa City Police Department. Accessing, copying, or releasing files for non -law enforcement purposes is strictly prohibited. All access to in -car recorder or BWC files must be specifically authorized by the Chief of Police or their designee, and all access is to be logged and available for audit to ensure that only authorized users are accessing the data for legitimate and authorized purposes. VIDEO RETENTION Proper classification of videos will determine how long a video is retained. If an improper classification is made for a series of recordings they can be reclassified through the software interface. Refer to section on video classification for standard retention lengths. If a video is part of a major case that will require longer or permanent retention a disk copy of all video should be requested and submitted to evidence by responsible officer or detective. VIDEO ACCESS PERMISSIONS Supervisors will have access to view all videos. Investigations user have view only access to all videos. All officers will have access to view their own video and recordings from the intox area. Supervisory Responsibilities At least on a semi-annual basis (Jan-Jun/Jul-Dec), supervisors will randomly* review two in -car or BWC recordings of each employee under their supervision to ensure that the equipment is operating properly and that officers are using the devices appropriately and in accordance with policy and to identify any areas in which additional training or guidance is required. On January 151 and August 1 st of each year, each Watch Commander, Lieutenant of Investigations and Animal Control Supervisor, shall forward to the Commander of Field Operations the information on the prescribed form (Appendix A). *For this policy Randomly means videos randomly selected that are not already being reviewed for another purpose. •- Media Card Control Normally, video for the in -car recorders is downloaded wirelessly through a secured wireless connection. In the case of failure of that system, the video files will need to be downloaded manually. In -car recorder videos are captured on USB drives on a recorder located in each vehicle. The USB drives shall only be removed by a supervisor who will remove the USB drive and upload the files. The same USB drive must go back into the car it was removed from after uploading. USB drives are not interchangeable. BWCs have no user removable media cards and are downloaded by use of a docking station. If the video contains documentation of a use of force, the fact that therdis a video should be included in the Use of Force Report form. In instbnr ei-where there is a complaint against a member of the department, the supervisor receiving the complaint shall ascertain if the event in question was:�Qcrded. 4 Video files are stored on the server located inside the secure serve- r'area at the City of Iowa City Facility, all files are backed up on a routine basis and ieackup tapes will be stored within City of Iowa City secured facilities. VIDEO DISTRIBUTION PROCESS When video is requested a complete case of all video will be assembled and a link to the video case will be created for cloud share purposes. Request for video from outside entities will be done through cloud share capabilities through the WatchGuard system. Videos from prior video system shall be done via physical disk. When requested by the JCAO, or City of Iowa City Legal division, they will be responsible for dissemination of the cloud share link to other involved parties. It is the responsibility of the receiving party to create physical disks as needed from the cloud share. Cloud share default expiration shall be 60 days unless otherwise requested. The Chief of Police has the discretion to authorize the deletion of any in car video recordings or body camera recordings that have been unintentionally captured, invasive or private, and not pertinent to any case or inquiry. OPS-12.10 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 -parry claims. Violations of this directive will only form the basis for departmental administrative sanctions.