HomeMy WebLinkAbout09-08-2020 Community Police Review BoardMEMORANDUM
COMMUNITY POLICE REVIEW BOARD
A Board of the City of Iowa City
DATE: September 3, 2020
TO: CPRB Members
FROM: Chris Olney
RE: Board Packet for meeting on Tuesday September 8, 2020
Enclosed please find the following documents for your review and comment at the next board meeting:
• Agenda for 9108/19/20
• Minutes of the meeting on 8/19/20
• ICPD General Order 07-02 (Detainee Processing)
• ICPD General Order 99-08 (Body Worn Cameras and In -Car Recorders)
• ICPD Use of Force Review/Report July 2020
• Correspondence from Carol deProsse (x4)
• Recommended changes to City Code for CPRB — Draft #1
• Office Contacts — August 2020
• Complaint Deadline
COMMUNITY POLICE REVIEW BOARD
TUESDAY SEPTEMBER 8, 2020
Electronic Formal Meeting — 5:30 PM
ZOOM MEETING PLATFORM
Electronic Meeting
(Pursuant to Iowa Code section 21.8)
An electronic meeting is being held because a meeting in person is
impossible or impractical due to concerns for the health and safety of
Commission members, staff and the public presented by COVID-19.
You can participate in the meeting and can comment on an agenda
item by going to hap s://zoom.us'N ebinar/register/WN H2OE500vThSNs7k9ktSNvN A via the
internet to visit the Zoom meeting's registration page and submit the required information.
Once approved, you will receive an email message with a link to join the meeting. If you are asked
for a meeting or webinar ID, enter the ID number found in the email. A meeting password may
also be included in the email. Enter the password when prompted.
If you have no computer or smartphone, or a computer without a microphone, you may call in by
telephone by dialing (312) 626-6799. When prompted, enter the meeting or webinar ID. The ID
number for this meeting is: 912 9236 8809
Once connected, you may dial "9 to "raise your hand," letting the meeting host know you would
like to speak. Providing comments in person is not an option.
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 08/19/20
• ICPD General Order 07-02 (Detainee Processing)
• ICPD General Order 99-08 (Body Worn Cameras and In -Car Recorders)
• ICPD Use of Force Review/Report July 2020
• Correspondence from Carol deProsse (x4)
ITEM NO. 3 NEW BUSINESS
• Policy Discussion
ITEM NO. 4 OLD BUSINESS
• Community Forum Discussion
• Discussion Item No. 8 of Resolution 20-159 (Resolution of Initial Council
Commitments addressing the Black Lives Matter Movement and Systemic Racism in
the wake of the murder of George Floyd by Minneapolis Police and calls for action from
protesters and residents)
ITEM NO. 5 PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA (Commentators shall address
the Board for no more than 5 minutes. The Board shall not engage in discussion with
the public concerning said items).
ITEM NO. 6 BOARD INFORMATION
ITEM NO. 7 STAFF INFORMATION
ITEM NO. 8 MEETING SCHEDULE and FUTURE AGENDAS
• September 21, 2020, 5:30 PM, (Community Forum) Electronic Zoom Meeting
• October 13, 2020, 5:30 PM, Electronic Zoom Meeting
• November 10, 2020, 5:30 PM, Electronic Zoom Meeting
• December 8, 2020, 5:30 PM, Electronic Zoom Meeting
• January 12, 2021, 5:30 PM, Electronic Zoom Meeting
ITEM NO. 9 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. 10 ADJOURNMENT
If you 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.
DRAFT
COMMUNITY POLICE REVIEW BOARD
MINUTES —August 19, 2020
CALL TO ORDER: Vice -Chair Townsend called the meeting to order at 5:32 p.m.
MEMBERS PRESENT: Jam McCConnell, Latisha McDaniel, Amanda Nichols
MEMBERS ABSENT: David Selmer
STAFF PRESENT: Staff Chris Olney/Kellie Fruehling, Legal Counsel Patrick Ford
STAFF ABSENT: None
OTHERS PRESENT: Interim Police Chief Denise Brotherton
RECOMMENDATIONS TO COUNCIL
(1) Accept CPRB FY20 Annual Report
CONSENT CALENDAR
Motion by McDaniel, seconded by McConnell, to adopt the consent calendar as presented or amended.
• Minutes of the meeting on 07/14/20
• ICPD General Order 99-05 (Use of Force)
• ICPD Memorandum- Quarterly Summary report IAIR/CPRB, 1 st & 2nd Qtr 2020
• ICPD Use of Force Review/Report January 2020
• ICPD Use of Force Review/Report February 2020
• ICPD Use of Force Review/Report March 2020
• ICPD Use of Force Review/Report April 2020
• ICPD Use of Force Review/Report May 2020
• ICPD Use of Force Review/Report June 2020
• Correspondence from Carol deProsse (x9), Jessica Kraemer,
Iowa Freedom Riders (IRF)
Olney noted that a correction needed to be made adding City Councilor Janice Weiner to others
present for the July 14 meeting minutes.
Motion carried, 4/0, Selmer absent.
NEW BUSINESS
FY20 Fiscal Year Draft Report — The Board reviewed the draft of the FY20 Annual report and had no
changes.
Motion by McDaniel, seconded by, Townsend to approve the FY20 Annual report and forward to City
Council.
Motion carried, 4/0, Semler absent.
OLD BUSINESS
Community Forum Discussion — The Board reviewed draft forum information and agreed to proceed as
drafted. Nichols suggested publishing forum notice to social media to raise public awareness.
Olney stated that staff currently post notices and news releases to Twitter, Facebook and other
mediums.
CPRB
August 19, 2020
INME
Discussion Item No. 8 of Resolution 20-159 (Resolution of Initial City Council Commitments
addressing the Black Lives Matter Movement and Systemic Racism in the wake of the murder of
George Floyd by Minneapolis Police and calls for action from protesters and residents)
Townsend summarized that City Council is requesting the board to submit a recommendation report as
to what additional powers would be useful to help the CPRB function more effectively. The report
should include changes to the CPRB ordinance. Townsend stated the last meeting discussion included
two action items. The first being a draft questionnaire to send to past board members and the second
item was to have current board members submit CPRB Ordinance changes suggestions.
Draft Questionnaire letter —Townsend asked members for any changes to the draft questionnaire that
was included in the meeting packet. The Board agreed to send questionnaire to past members as
drafted with a deadline return date of September 30"'. Olney noted that there were 26 past members.
Suggestions from members for Ordinance change — Townsend stated he felt there were several great
suggestions. Nichols suggested going through each of the suggestions line by line and vote on which to
add to recommendation to Council report.
McDaniel questioned what currently is not allowed by state law and should those suggestions not be
included in the report? Legal Counsel Ford stated the report could include both those permitted by law
and those not currently allowed, adding there were no restrictions as to what the Board could
recommend to Council. Ford suggested the board should settle on a process of how to proceed with
the charge from Council to change the ordinance.
After discussion the Board determined it would be beneficial to use the board members suggestions,
public feedback from community forum and the past members returned questionnaires to help narrow
the focus of the report.
The Board agreed to have a subcommittee of Nichols and McDaniel draft a compiled cohesive list of
board members previously submitted suggestions to be presented and discussed at the next meeting.
PUBLIC DISCUSSION
Zachary Slocum spoke of concerns regarding the incident of ICPD/JC Sheriff firing tear gas at
protestors, the CPRB not having the ability to create real change and police officers not being named
publicly if found at fault during an investigation. He would like to see the CPRB have increased powers
to implement fundamentally solid changes.
David Drustrup supports CPRB having increased powers which will provide additional accountability to
the citizens of Iowa City. He noted Nichols and McDaniel's suggestions of changing the system of
policing were a positive step in the right direction and looks forward to further discussions.
BOARD INFORMATION
Nichols suggested adding a policy discussion to the next meeting new business item
STAFF INFORMATION
Olney reminded the Board of upcoming social distanced meet and greet for the three Police Chief
finalists to be held at Mercer Park, 5:30 pm -7:30 pm.
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change)
• September 8, 2020, 5:30 PM, Electronic Zoom Meeting
• September 21, 2020, 5:30 PM, (Community Forum) Electronic Zoom Meeting
CPRB
August 19, 2020 Draft
October 13, 2020, 5:30 PM, Electronic Zoom Meeting
November 10, 2020, 5:30 PM, Electronic Zoom Meeting
December 8, 2020, 5:30 PM, Electronic Zoom Meeting
Motion by McDaniel, seconded by Nichols 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, 4/0, Selmer absent.
REGULAR SESSION
Returned to open session at 6:55 P.M.
Motion by McDaniel, seconded by Nichols to set the level of review for CPRB Complaint
#20-01 to 8-8-7(B)(1)(a) On the record with no additional investigation.
Motion Carried 410, Selmer absent.
ADJOURNMENT
Motion for adjournment by Nichols, seconded by McDaniel
Motion carried, 4/0, Selmer absent.
Meeting adjourned at 6:57 P.M.
COMMUNITY POLICE REVIEW BOARD
ATTENDANCE RECORD
YEAR 2019-2020
(Meetin¢ Date)
8113/19
9/10119
1 9124/19
1018/19
11/12/19
12110119
1/14/20
2/11/20
3/10/20
5/12120
619120
7114/20
8/18120
NAME
no
QUOaUR1
Sam
X
X
X
O/E
O
O
O
O
Conaway
Monique
X
X
X
X
X
X
X
X
X
X
Galpin
Jerri
O
X
X
MacConnell
Latisha
X
X
X
X
X
O/E
X
X
O
X
X
X
McDaniel
Amanda
X
X.
Nichols
David Selmer
X
X
X
X
X
X
X
X
X
X
X
O/E
Orville
X
X
X
X
O/E
X
X
X
X
X
X
X
Townsend
KEY: X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
--- = Not a Member
COMMUNITY R(SI ICF ocinctAi cn Anm
GENERAL RESPONSIBILITIES
Established in 1997, by ordinance #97-3792, the Iowa City Police Citizens Review Board formerly
known as Citizens Police Review Board and now known as Community Police Review Board
(hereafter referred as the CPRB), consists of five members appointed by the City Council, The CPRB
has its own outside legal counsel.
The Board was established to review investigations into claims of police misconduct, and to assist the
Police Chief, the City Manager, and the City Council in evaluating the overall performance of the
Police Department by reviewing the Police Department's investigations into complaints. The Board is
also required to maintain a central registry of complaints and to provide an annual report setting forth
the numbers, types, and disposition of complaints of police misconduct. The Board shall hold at least
one community forum each year for the purpose of hearing citizens' views on the policies, practices
and procedures of the Iowa City Police Department. To achieve these purposes, the Board complies
with Chapter 8 of the Iowa City Code and the Board's By -Laws and Standard Operating Procedures
and Guidelines.
ACTIVITIES AND ACCOMPLISHMENTS FOR FISCAL YEAR 2020
Meetings
The CPRB tentatively holds monthly meetings on the second Tuesday and special meetings as
necessary. During FY20 the Board held eleven meetings. Due to Covid-19 restrictions the Community
Forum scheduled for April was postponed until later in the year.
ICPD Policies/Procedures/Practices Reviewed By CPRB
The ICPD provided various General Orders for the Board's review and comment. A senior member of
the Police Department routinely attended the open portion of the CPRB meetings and was available
for any questions Board members had regarding these reports.
Presentations
At the March 10, 2020 meeting Police Captain Brotherton and Officer Puente demonstrated the police
departments new body cameras.
Board Members
In October 2019 officers were nominated with Monique Galpin as Chair and Orville Townsend as
Vice -Chair. Sam Conaway was appointed in July 2019 for a four-year term. Jerri MacConnell was
appointed in June 2020 to fill the unexpired term of Sam Conaway.
COMPLAINTS
Number and Type of Allegations
Five complaints (19-03,19-04,19-05, 20-01, 20-02) were filed during the fiscal year July 1, 2019 —
June 30, 2020. Five public reports were completed during this fiscal period (19-01,19-02,19-03, 19-04,
19-05). Two complaints filed in FY20 are pending before the Board (20-01,20-02).
CPRB Annual Report FY 2020 — Final 8/19/2020 —1
ALLEGATIONS
Complaint #19-01
Allegation 1 — Excessive force against Complainant's Spouse.
Board's Findings: Allegation 1— NOT SUSTAINED
The board affirmed the opinion set forth in the report of the police chief and/or city manager.
Chiefs Report Findings: Allegation 1— NOT SUSTAINED
Allegation 2 — Excessive force against Complainant.
Board's Findings: Allegation 2 — NOT SUSTAINED
The board affirmed the opinion set forth in the report of the police chief and/or city manager.
Chiefs Report Findings: Allegation 2 — NOT SUSTAINED
Allegation 3 — Failure to provide a copy of search warrant.
Board's Findings: Allegation 3 — NOT SUSTAINED
The board affirmed the opinion set forth in the report of the police chief and/or city manager.
Chiefs Report FindingS: Allegation 3 — NOT SUSTAINED
Allegation 4 —Wrecked the apartment during execution of search warrant.
Board's Findings: Allegation 4 — NOT SUSTAINED
The board affirmed the opinion set forth in the report of the police chief and/or city manager.
Chiefs Report Findings: Allegation 4 - NOT SUSTAINED
Complaint #19-02
Allegation 1 — Use of excessive force in entering a residence to serve a civil commitment order
on the individual subject of the order.
Board's Findings: Allegation 1 - NOT SUSTAINED
The Board has elected not to determine this incident based on the procedural grounds of whether or
not the complainant has standing as the Chief did in his letter, but rather on the merits. Upon careful
review of the record, there is no evidence to sustain this allegation.
Chiefs Report Findings: Allegation 1 — COMPLAINANT LACKED STANDING FOR LACK OF
PERSONAL KNOWLEDGE.
Allegation 2 — Use of excessive force and/or improper procedure in assisting with the
transport of an individual that is the subject of a Civil Commitment Order.
Board's Findings: Allegation 2 — NOT SUSTAINED
The Board has elected not to determine this incident based on the procedural grounds of whether or
not the complainant has standing as the Chief did in his letter, but rather on the merits. Upon careful
review of the record, there is no evidence to sustain this allegation.
Chiefs Report Findings: Allegation 2 - COMPLAINANT LACKED STANDING FOR LACK OF
PERSONAL KNOWLEDGE
CPRB Annual Report FY 2020 — Final 8/1912020 — 2
Complaint #19-03
Allegation 1 — Improper towing of vehicle.
Board's Findings: Allegation 1 - NOT SUSTAINED
The board affirmed the opinion set forth in the report of the police chief and/or city manager.
Chiefs Report Findings: Allegation 1 - NOT SUSTAINED
Complaint #19-04
Allegation 1 — The officer's decision to not file charges against the other participant was
influenced by him personally knowing the other participant's boyfriend.
Board's Findings: Allegation 1 — NOT SUSTAINED.
The board affirmed the opinion set forth in the report of the police chief and/or city manager.
Chief's Report Findings: Allegation 1 — NOT SUSTAINED.
Allegation 2 — Illegal search of personal property and seizure of cell phone.
Board's Findings: Allegation 2 — NOT SUSTAINED.
The board affirmed the opinion set forth in the report of the police chief and/or city manager.
Chiefs Report Findings: Allegation 2 — NOT SUSTAINED.
Allegation 3 — Failure to properly investigate the incident.
Board's Findings: Allegation 3 — NOT SUSTAINED.
The board affirmed the opinion set forth in the report of the police chief and/or city manager.
Chiefs Report Findings: Allegation 3 — NOT SUSTAINED.
Complaint #19-05
Allegation 1 — Improper investigation.
Board's Findings: Allegation 1 — NOT SUSTAINED
The board affirmed the opinion set forth in the report of the police chief and/or city manager.
Chiefs Report Findings: Allegation 1 — NOT SUSTAINED.
Level of Review
The Board decided, by simple majority vote, the level of review to give each report, selecting one or
more of the six levels specified in the City Code per complaint:
Level a
On the record with no additional investigation 4
Level b
Interview or meet with complainant 0
Level c
Interview or meet with named officer 0
Level d
Request additional investigation by Chief or 1
City Manager, or request police assistance
in the Board's own investigation
Level a
Board performs its own additional investigation 1
Level If
Hire independent investigators 0
CPRB Annual Report FY 2020 — Final 8/19/2020 — 3
Complaint Resolutions
The Police Department investigates complaints to the CPRB of misconduct by police officers. The
Police Chief summarizes the results of these investigations and indicates in a report (the Chief's
Report) to the CPRB whether allegations are sustained or not sustained. (If complaints are made
against the Chief, the City Manager conducts the investigation and prepares and submits the reports.)
The Board reviews both the citizens' complaint and the Chiefs Report and decides whether its
conclusions about the allegations should be sustained or not sustained. The Board prepares a report
which is submitted to the City Council.
Of the eleven allegations listed in the five complaints for which the Board reported, none were
sustained.
The Board made comments and/or recommendations for improvement in police policy, procedures, or
conduct in three of the reports:
Complaint #19-02 —
Due to the procedures, the Board was originally presented only with a copy of the Complaint and the
Chief's letter indicating that the Complainant had no personal knowledge of the allegations and that
no additional investigation will occur at this time. This put the Board in the position of having to set a
level of review without information the Board felt was sufficient to make such a definitive determination
on the outcome of the claim, as lack of standing.
The Board elected to investigate further, as outlined above. Rather than determine this matter on the
legal aspect of "standing," after reviewing with legal counsel, the Board determined it would be wiser,
in this instance, to determine this Complaint based on the merits. We believe this action to be more
aligned with the service of the Board; to provide substantive reviews of possible officer misconduct.
Complaint #19-03 —
The Chief's 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
Complaint #19-05 —
While Complainant states in her Complaint that the other woman involved in the dispute continued to
make contact with her, she does not present any evidence that she notified the Iowa City Police
Department of these additional contacts. Moreover, the record does not support that the Officers
subject to this Complaint ever had occasion to learn of any of this additional contact.
Name -Clearing Hearings
The ordinance requires that the Board not issue a report critical of the conduct of a sworn officer until
after a name -clearing hearing has been held. During this fiscal period, the Board scheduled no name -
clearing hearing.
Complaint Histories of Officers
City ordinance requires that the annual report of the CPRB must not include the names of
complainants or officers involved in unsustained complaints and must be in a form that protects the
confidentiality of information about all parties. In the five complaints covered by the FY20 annual
report a total of twelve officers were involved with allegations against them.
CPRB Annual Report FY 2020 — Final 8/19/2020 — 4
COMPLAINT DEMOGRAPHICS
The following is demographic information from the three complaints that were completed in this fiscal
year. Because complainants provide this voluntarily, the demographic information may be
incomplete.
Age.
18-25 26-35 36-45 46-55 56-64 (1)65+
Disability:
(1) Physical Mental None
Annual Household Income:
100K 75-99K 50-75K 25-49K (1) Under 25K
Gender:
(1) Female Male Other
Sexual Orientation:
LGBTQ Heterosexual (1)Other
Ethnic Origin:
Black/African-American (1) Hispanic American Indian/Alaska Native
Asian/Pacific Islander White/Caucasian Other
Were you born in the United States:
(1)Yes No
Religion:
Muslim None (1) Other
Marital Status:
(1) Married Single Divorced
Separated Widowed Other
* Information is reported as presented by the person completing the form.
BOARD MEMBERS
Monique Galpin, Chair
Orville Townsend, Vice -Chair
Latisha McDaniel
David Semler
Sam Conaway/Jerri MacConnell
CPRB Annual Report FY 2020 — Final 8/19/2020 — 5
Original Date of Issue 1 General Order Number
September 27, 2007 107-02
Effective Date of Reissue Section Code
August 19, 2020 1 OPS-21
Reevaluation Date Amends / Cancels
August 2021 1 OPS-21 Previous Version (2008)
I. PURPOSE -
The purpose of this order is to define the areas of the Iowa City Police
Department where Detainee Processing is to occur. It is also the goal. of 4h[s
policy to establish parameters for officers to follow while processing_cletaindes at
the Department. =
II. POLICY
It is the policy of the Iowa City Police Department to process temporary
detainees in a safe and efficient manner. Facilities used for processing shall be
maintained with this goal in mind.
III. DEFINITIONS
Detainee: A person in the custody of agency personnel and whose freedom of
movement is at the will of agency personnel.
Temporary Detention: Detention of a person for the purpose of interviewing,
processing or testing. Temporary detention is measured in minutes or hours and
does not involve housing or feeding detainees.
OPS 21.2
Processing: Pre -booking activities involving a detainee in custody (i.e.
fingerprints, breath tests).
A. Documentation
Whenever a detainee is brought to the Iowa City Police Department for
temporary detention, at a minimum, a radio log will reflect the name of the
detainee, their age, the reason being detained and the time the person
arrived. Whenever such person is released, that time will be reflected in the
radio log. The intent of this paragraph is to document the length of time
persons are held in temporary detention.
B. Notification
Officers shall advise the on -duty stationmaster that they are en route to
the police department with someone in custody so that they know they
need to turn on the monitor. If there is no on -duty stationmaster the officer
shall notify JECC to document in the call for service the beginning and end
times of when they are at the department.
C. Stationmaster Responsibilities
Station masters shall monitor (audio and video) the detention areas when
detainees are being processed. When a detainee is brought to the Police
Department, they shall record within the call log the detainee's name, date
of birth, reason for detention (OWI processing, fingerprinting and/or
investigative) and the date and time out at the department. If a fixed object
is used to secure a detainee, the station master shall record (as an officer
change of status) the time secured in station (Unit Status "S") and the time
released from restraint to fixed object (Unit Status "R"). If field sobriety,,
tests are conducted in the hallway off the Gilbert Street entrance, station
masters shall inform other officers not to enter until those tests are
complete. Officers that are with a detainee in the processing area shalt
activate the exterior light indicating such. Officers shall not enter their,
processing area from Gilbert Street if this light is activated.
D. Processing and Searching
rn
Upon arrival at the Iowa City Police Department a subsequent search shall
be performed. It is recommended that a second officer be present for this
search if possible and after this secondary search has been conducted,
necessary reports, testing, and other processing should occur.
OPS 21.3
E. Locked Spaces
Detainees will not be secured in locked spaces within the Police
Department.
F. Securing to Fixed Objects
Officers shall secure detainees to fixed objects designed for such use.
Exceptions to this include, standardized field sobriety tests (SFST)
processing, OWI processing, DRE exams, fingerprinting or other booking
needs, when a detainee is being interviewed as part of an on -going
investigation, and/or unless doing so would hinder further investigation.
Examples of authorized fixed objects to be used when securing a detainee
include cuff rails, bars or bolts, and chairs or benches designed to cuff
detainees to. Detainees shall not be handcuffed to any object not so
designed as a means of preventing escape. If a detainee is secured to a
fixed object, the officer shall notify the station master of the time the
detainee is secured in the station and the time the detainee is released in
station. The station master shall then enter the appropriate unit status
codes to the call for service.
G. Separation of Males, Females, and Juveniles
To every extent possible, detainees shall be kept separate in different
rooms by sex and juvenile detainees shall be kept separate in different
rooms from adult detainees.
H. Authorization
Temporary detention of persons in custody may be required while officers
conduct OWI tests, fingerprint juveniles, or interviewing persons in
custody. Detainees under these conditions should be carefully monitored
since they will be in close proximity to officers.
4�
The following rooms are authorized as temporary detention areas:..
1. Interview Room 1
2. Interview Room 2 rr
3. Room 114
Only sworn personnel will be used to monitor those persons held in
temporary detention. Personnel who monitor detainees must receive
training on procedures to be followed in handling such detainees at the
OPS 21.4
time of their hiring and at least every three years thereafter. Basic
academy training will not be considered sufficient for this purpose. An
exception to this is dispatch stationmaster personnel that have the ability
to monitor these areas through the use of closed-circuit video. The ability
for dispatch stationmasters to monitor detainees shall not be a substitute
for the presence of sworn personnel in the detention area.
Training for this purpose will include methods for summoning assistance,
restraint equipment available in the temporary detention areas, and
methods for dealing with uncooperative detainees. These methods should
include options for immediate transfer to jail or the delay of testing or
processing until a later time
Security
A. Weapons Control
Firearms and weapons are not permitted into any space actively being
used as a temporary detention area. Prior to removing handcuffs from the
detainee, firearms will be secured in the lockboxes maintained for that
purpose in the detention areas. Exceptions to this include an emergency
alarm activation or any other indication of an emergency need in the
detainee processing area. Conductive energy devices, chemical irritants,
and striking batons are permissible in spaces actively being used as a
temporary detention area.
B. Emergency Alarms
All officers working in the detention area shall be equipped with.a poitable
radio. That radio shall be operational and shall always be within -reach of
the officer in the processing area. An emergency request for assistance
may be made by voice transmission or by means of activation 'qf the "
emergency button on the radio. The exception to this is that radios shall
not be turned on when in proximity of DataMaster testing. Additionail�,
fixed alarm buttons which alert the Stationmaster are present in the
detention rooms and may be used if assistance is needed.
C. Access to Area
When an area is being used for temporary detention, only those personnel
with reason to be there may enter or remain in that area after securing
their firearm in a lock box. If the hallway off the Gilbert Street entrance is
actively being used for sobriety tests, officers without prisoners or cause to
be in the area and other employees shall enter by an alternate route.
Other officers with prisoners may enter but only when the hallway itself is
OPS 21.5
not being used for sobriety tests. The Stationmaster will advise arriving
officers if the hallway is actively being used for sobriety tests.
When conducting interviews or interrogations, only one person should be
interviewed by no more than 2 officers in any given situation.
D. Escape Prevention
In order to limit the risk of escape the following precautions should be
followed:
Handcuffs shall remain applied when feasible
The detainee should be seated away from doors and windows
Sufficient personnel should be present to physically prevent escape
Detainees shall be secured to authorized fixed objects except for any of
the following: SFTS processing, DWI processing, DRE exams,
fingerprinting or other booking needs, when a detainee is being
interviewed as part of an on -going investigation, and/or unless doing so
would hinder further investigation.
The exit door to Gilbert Street shall be equipped with a delay switch on the
push bar. There shall be a minimum of a 15 second wait before the door
will open if the security code is not entered first. An alarm will also sound
if the security code is not entered first.
Doors leading to the rest of the department shall be closed and equipped
with security key entry pads.
E. Constant Supervision
Detainees will be under constant supervision. This includes visual and
audio observation.
F. Monitoring
Remote audio and/or video monitoring of detainees shall not substitute for
the physical monitoring of detainees by sworn personnel.
G. Detainee Transport
Parking on Gilbert Street should be avoided by Personnel to enable
officers with detainees easy access to the Police Department.
Physical Conditions
OPS 21.6
Areas used as a temporary detention area must meet basic standards. They
must be lighted, heated and/or cooled as required. There should be no
hazards to officers or detainees.
Water, restrooms, and other needs will be met as required. In cases where
this requires the detainee to be removed from the temporary detention area,
the detainee will be escorted at all times by at least one officer.
Not including the intoxilyzer processing room, besides basic seating and a
writing surface, other items in the room should be restricted to a telephone,
writing supplies, a computer work station and/or recording equipment.
Inspections
Areas that may be used as temporary detention areas will be inspected on a
weekly basis by the Captain of Support Services or designee. This inspection
will be for cleanliness and to determine if any unsafe conditions are
developing.
On an annual basis the Chief of Police or designee will review the
components of this section and the detention areas to determine if they
continue to best suit the requirements of the department.
Denise Brotherton, Interim 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 21.1
IT41AL UM
PROCESSING
Original Date of Issue General Order Number
September 27 2007 07-02
Effective Date of Reissue Section Code
August 19 2020 1 OPS-21
Reevaluation Date Amends I Cancels
August 2021 1 OPS-21 Previous Version (2008)
C.A.L.E.A. Reference
Chapter 42,71
I. PURPOSE
The purpose of this order is to define the areas of the Iowa City Police
Department where Detainee Processing is to occur. It is also the goal of this
policy to establish parameters for officers to follow while processing detainees at
the Department.
11. POLICY
It is the policy of the Iowa City Police Department to process temporary
detainees in a safe and efficient manner. Facilities used for processig.shaill be
maintained with this goal in mind. "r
�.a
Detainee: A person in the custody of agency personnel and whose freedom of
movement is at the will of agency personnel.
Temporary Detention: Detention of a person for the purpose of -
processing or testing. Temporary detention is measured in minutes or hours and
does not involve housing or feeding detainees.
OPS 21.2
Processing: Pre -booking activities involving a detainee in custody (i.e.
fingerprints, breath tests).
IV. PROCEDURES
A. Documentation
Whenever a detainee is brought to the Iowa City Police Department for
temporary detention, at a minimum, a radio log will reflect the name of the
detainee, their age, the reason being detained and the time the person
arrived. Whenever such person is released, that time will be reflected in the
radio log. The intent of this paragraph is to document the length of time
persons are held in temporary detention.
C. Stationmaster, Responsibilities
Station masters shall monitor (audio and video) the detention areas when
detainees are being processed. When a detainee is brought to the Police
Department, they shall record within the call log the detainee's name, date
of birth, reason for detention (OWI processing, fingerprinting and/or
investigative) and the date and time out at the department M If a fixed
object is used to secure a detainee, the station master shall record (as an
officer change of status) the time secured in station (Unit Status "S") and
the time released from restraint to fixed object (Unit Status "R"). If field
sobriety tests are conducted in the hallway off the Gilbert Street entrance,
station masters shall inform other officers not to enter until those,tests=are
complete. Officers that are with a detainee in the processing are -'a shall
activate the exterior light indicating such. Officers shall not ertor-the`
processing area from Gilbert Street if this light is activated.
D. Processing and Searching
Upon arrival at the Iowa City Police Department a subsequent search shall
be performed. It is recommended that a second officer be present for this
search if possible and after this secondary search has been conducted,
necessary reports, testing, and other processing should occur.
OPS 21.3
E. Locked Spaces
Detainees will not be secured in locked spaces within the Police
Department.
F. Securing to Fixed Objects
Officers shall secure detainees to fixed objects designed for such use.
Exceptions to this include, (SFST)
processing, OWI processing, DRE exams, fingerprinting or other booking
needs, when a detainee is being interviewed as part of an on -going
investigation, andfor unless doing so would hinder further investigation.
Examples of authorized fixed objects to be used when securing a detainee
include cuff rails, bars or bolts, and chairs or benches designed to cuff
detainees to. Detainees shall not be handcuffed to any object not so
designed as a means of preventing escape. If a detainee is secured to a
fixed object, the officer shall notify the station master of the time the
detainee is secured in the station and the time the detainee is released in
station. The station master shall then enter the appropriate unit status
codes to the call for service.
G. Separation of Males, Females, and Juveniles
To every extent possible, detainees shall be kept separate in different
rooms by sex and juvenile detainees shall be kept separate in different
rooms from adult detainees.
H. Authorization
Temporary detention of persons in custody ma be re uired while officers
conduct OWI tests, fingerprint juveniles, or
- Detainees under these conditions should be carefully monitored
since they will be in close proximity to officers.
The following rooms are authorized as temporary detention
areas:
1. Interview Room 1
2. Interview Room 2
3. Room 114
rr�t
Training
Only sworn personnel will be used to monitor those persons held in
temporary detention. Personnel who monitor detainees must receive
OPS 21.4
training on procedures to be followed in handling such detainees at the
time of their hiring and at least every three years thereafter. Basic
academy training will not be considered sufficient for this purpose. An
exception to this is dispatch stationmaster personnel that have the ability
to monitor these areas through the use of closed circuit video. The ability
for dispatch stationmasters to monitor detainees shall not be a substitute
for the presence of sworn personnel in the detention area.
Training for this purpose will include methods for summoning assistance,
restraint equipment available in the temporary detention areas, and
methods for dealing with uncooperative detainees. These methods should
include options for immediate transfer to jail or the delay of testing or
processing until a later time
Security
A. Weapons Control
Firearms and weapons are not permitted into any space actively being
used as a temporary detention area. Prior to removing handcuffs from the
detainee, firearms will be secured in the lockboxes maintained for that
purpose in the detention areas. Exceptions to this include an emergency
alarm activation or any other indication of an emergency need in the
detainee processing area. Conductive energy devices, chemical irritants,
and striking batons are permissible in spaces actively being used as a
temporary detention area.
B. Emergency Alarms
All officers working in the detention area shall be equipped with a portable
radio. That radio shall be operational and shall always be within rear of
the officer in the processing area. An emergency request for assistance
may be made by voice transmission or by means of activation of thess
emergency button on the radio. The exception to this is that radios shall
not be turned on when in proximity of DataMaster testing. Additionally,
fixed alarm buttons which alert the Stationmaster are present in the
detention rooms and may be used if assistance is needed.
C. Access to Area
When an area is being used for temporary detention, only those personnel
with reason to be there may enter or remain in that area after securing
their firearm in a lock box. If the hallway off the Gilbert Street entrance is
actively being used for sobriety tests, officers without prisoners or cause to
be in the area and other employees shall enter by an alternate route.
Other officers with prisoners may enter but only when the hallway itself is
OPS 21.5
not being used for sobriety tests. The Stationmaster will advise arriving
officers if the hallway is actively being used for sobriety tests.
When conducting interviews or interrogations, only one person should be
interviewed by no more than 2 officers in any given situation.
D. Escape Prevention
In order to limit the risk of escape the following precautions should be
followed:
Handcuffs shall remain applied when feasible
The detainee should be seated away from doors and windows
Sufficient personnel should be present to physically prevent escape
Detainees shall be secured to authorized fixed objects except for any of
the following: SFTS processing, OWI processing, DRE exams,
fingerprinting or other booking needs, when a detainee is being
interviewed as part of an on -going investigation, and/or unless doing so
would hinder further investigation.
- The exit door to Gilbert Street shall be equipped with a delay switch on the
push bar. There shall be a minimum of a 15 second wait before the door
will open if the security code is not entered first. An alarm will also sound
if the security code is not entered first.
- Doors leading to the rest of the department shall be closed and equipped
with security key entry pads.
E. Constant Supervision
Detainees will be under constant supervision. This includes visual attid
audio observation.
F. Monitoring
Remote audio and/or video monitoring of detainees shall not substitute for
the physical monitoring of detainees by sworn personnel. �r
G. Detainee Transport
Parking on Gilbert Street should be avoided by Personnel to enable
officers with detainees easy access to the Police Department.
Physical Conditions
Areas used as a temporary detention area must meet basic standards. They
must be lighted, heated and/or cooled as required. There should be no
hazards to officers or detainees.
Water, restrooms, and other needs will be met as required. In cases where
this requires the detainee to be removed from the temporary detention area,
the detainee will be escorted at all times by at least one officer.
Not including the intoxilyzer processing room, besides basic seating and a
writing surface, other items in the room should be restricted to a telephone,
writing supplies, a computer work station and/or recording equipment.
Inspections
Areas that may be used as temporary detention areas will be inspected on a
weekly basis by the Captain of Support Services or designee. This inspection
will be for cleanliness and to determine if any unsafe conditions are
developing.
On an annual basis the Chief of Police or designee will review the
components of this section and the detention areas to determine if they
continue to best suit the requirements of the department.
Denise Brotherton, Interim 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.
%L
nive 9A, 1, A, - 1 i •
IN -CAR
Original Date of Issue General Order Number
July 30, 1999 99-08
Effective Date of Reissue Section Code
August 25, 2020 1 OPS-12
Reevaluation Date Amends
August 2023 1 OPS-12 Previous Version (2013)
C.A.L.E.A. Reference
41.3.8 1 (see "INDEX AS:")
I►17:K7V_1F'3
Use of Force
Traffic Stops
Internal Investigations
Recording Devices
Evidence
In -car Recorders
Evaluations
Body Worn Cameras (BWC)
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
111. 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 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/ designee.
Only persons trained in the servicing of audio/visual equipment will her
the
equipment. Any defective unit will not be used, and when practical, will b
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. 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. If
another squad car is available with a working in -car recording device officers
shall utilize that vehicle for their watch.
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 -including when the citation is
being written. 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
eguipment 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 has been
activated it shall only be stopped when the incident in question is conclu(Wd
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.
OPS-12.4
Video Classifications
Retention Length
1-equipment check
365 days
2-No CFS
365 days
3- Parking/motorist assist
365 days
4- Warning
365 days
5- CFS / no report
365 days
6- Accident
365 days
7- ON
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 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.
All patrol cars shall be equipped with an auxiliary charging device for the BWC
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 action,
including parking enforcement even if there is no interaction with the public, or
investigative encounter between a police officer and the public to include4 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
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.
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 u
the person, the BWC shall be reactivated prior to deactivating.the OWi 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 failure or malfunctions
shall be brought to the attention of the employee's supervisor as soon as
possible so that a replacement unit may be procured. A radio log shall be made
indicating that the camera is not functioning when it is first known. Employees
must report back to the station for a replacement unless unable to because of an
emergent call for service. If an employee is unable to come back to the station
for a replacement due to an emergent situation then every attempt should be
made to have a backup officer on scene with a working camera.
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.
u;
Officers are encouraged to inform their supervisor of any record ingsAhat;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 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 recorders,
this will be used in case of major incident or investigation that has cause 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 record state.
Officers should be aware that all patrol vehicle records have this featuro and 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 -orf 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.
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.
Investigation users have view only access to all videos.
All officers will have access to view their own video and recordings from
the intox area.
SUPERVISOR RESPONSIBILITIES
Supervisors shall review in -car and BWC recordings for all involved employees
for use of force incidents and complaints. Documentation of these reviews will be
logged on the prescribed form (Appendix A). Supervisors that discover an
incident where an in -car or BWC recording device was not activated or
improperly shut off shall complete a report of inquiry form (ROI) and forward to
the captain of field operations. The supervisor shall include if there was sufficient
time for the activation of a device.
If an in -car or BWC recording was not activated where there was sufficient,time
to do so or improperly shut off a report of inquiry shall be completed nand .:-f
forwarded to command staff for review. ry
On a monthly basis, supervisors will review at least one in -car and one BWC
recording 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. Where possible video review should be of the same
incident to ensure the system is synching as it is designed. By the 151h of each
month each Watch Commander, Lieutenant of Investigations and Animal Control
OPS-12.9
Supervisor, shall forward to the Commander of Field Operations the information
on the prescribed form (Appendix A) from the previous month.
COMMAND STAFF RESPONSIBILITIES
The captain of field operations shall maintain a record of incidents where
employees did not activate an in -car or BWC recording device or improperly shut
off a recording device in violation of this policy and monitor for repeats from the
same employee.
By March 1$t of each year the captain of field operations will submit an annual
report to the city manager's office and Community Police Review Board from the
previous year on compliance with this general order. This report should contain
summary of the results of the monthly supervisory checks, Use of Force checks
and all checks generated from internal affairs investigations.
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 arW 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
OPS-12.10
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.
DISCIPLINE
Any employee who violates this policy will be subject to discipline as GO 99-06
Titled Internal Affairs, Iowa Code Chapter 400 titled Civil Service, and the
Contract between the City of Iowa City and the Police Labor Relations
Organization of Iowa City allow.
Any employee found to intentionally turn off or disable an in -car recording device
or body camera when their use is required will be subject to suspension or
termination as GO 99-06 Titled Internal Affairs, Iowa Code Chapter 400 titled
Civil Service, and the Contract between the City of Iowa City and the Police
Labor Relations Organization of Iowa City allow.
Denise Brotherton, Interim Chief of Police
[^1T;M
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
:0 1a
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Original Date of Issue General Order Number
July 30 1999 99-08
Effective Date of Reissue Section Gode
August 25 2020 OPS-12
Reevaluation Date Amends
August 2023 1 OPS-12 Previous Version (2013)
C.A.L.E.A. Reference
41.3.8 (see "INDEX AS:"
INDEX AS: t
Use of Force Traffic Stops
Internal Investigations Recording Devices rt
Evidence In -car Recorders
Evaluations Body Worn Cameras (BWC)
7-1
I. PURPOSE
The purpose of this policy is to identify when recording devices should beused
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.
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 cortcation
and documentation of evidence or contraband.
The Commander of Administrative Services or his/her designee wH1 supefvise the
use, storage, duplication and erasing of the material recorded by riembers of thii
department. -
- ra
If an officer notices that there is a problem with the equipment, he/she shatl 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.
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
verifv orooer functionina and shall notifv their supervisor of anv 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 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 reorder
system immediately upon being involved in a motor vehicle crash.-lf ig` `
recommended that officers consider activating the in -car recorders", mwhen
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 con cliad(g
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
1-equipment check
2-No CFS
3- Parking/motorist assist
4- Warning
5- CFS 1 no report
6- Accident
7- OWI
8-CFS 1 Report
9- Citation
10- Use of Force
11- Arrest
12- Robbery
13- Assault
14- Domestic
15- Death Investigation
days
days
days
days
days
365 days
730 days
365 days
365 days
730 days
730 days
730 days
730 days
730 days
indefinite
OPS-12.4
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 recordini
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. Additionall , officers
shall activate the BWC at the initiation of an other law enforcement
or
investigative encounter between a police officer and 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
OPS-12.5
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 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 _ _ e is no
with persons or that interaction has ended and after capturing ar
Other calls where there is no further interaction with persons or that
interaction has ended, for example, an OWI investigation whe�e_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 OWI 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
OPS-12.6
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.
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 ® supervisor as soon as
possible so that a replacement unit may be procured. A radio log shall be made
indicating that the camera is not functioning when it is first known. -
cn
The BWC shall be worn on the officer's chest with clear view to the firont (not
blocked by clothing or other equipment) and properly oriented.
c�
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
•]ami��/
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:
• 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 continuousGecord,
However, this feature has been disabled on the body worn devices, #he' Only time
any recording will be captured on a body worn device is when the',fA=rding is
activated by the front button, or when initiated by a synched in car'recorctkng
device. This is to maintain a level of privacy for those wearing body wornAevices
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 recorders,
this will be used in case of major incident or investigation that has cause 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 record state.
Officers should be aware that all patrol vehicle records have this feature and 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.
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 evidences
responsible officer or detective.
ra
VIDEO ACCESS PERMISSIONS < "
Supervisors will have access to view all videos.
Investigation users have view only access to all videos. {'
All officers will have access to view their own video and recordings:from
the intox area.
SUPERVISOR RESPONSIBILITIES
OPS-12.9
�n a e RO basis supervisors will
review one in car BWC recording 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. Where possible video
review should be of the same incident to ensure the system is synching as it is
designed. each Watch Commander, Lieutenant of
Investigations and Animal Control Supervisor, shall forward to the Commander of
.. "--__�!_ A. r
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 ca it was
removed from after uploading. USB drives are not interchangeable. v
BWCs have no user removable media cards and are downloaded iy'y .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.
OPS-12.10
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 JCAC, 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.
Denise Brotherton, Interim Chief qij?olice
U,
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.
TO:
Interim Chief Denise Brotherton
FROM:
Sgt. Derek Frank
RE:
July 2020 Use of Force Review
DATE:
August 14, 2020
The Use of Force Review Committee met on August 14, 2020. It was composed of Sgt. Frank,
Lt, J. Bailey, and Officer Neeld.
For the review of submitted reports in July, 11 individual officers were involved in 6 separate
incidents requiring the use of force.
Reporting items for supervisors to discuss with officers and identify in future reports include:
• Facts surrounding methods to hold subjects down to control their movement (knee,
officers' weight, etc.) should be thoroughly detailed with the exact placement location
and duration, if possible.
o Example: "I held the subject's lower back down with my knee for approximately
5 seconds until handcuffs were able to be applied."
• Any situation, or claims made by people, that could affect breathing should continue to
be addressed in detail — this is being done well.
o Example: "After the subject was handcuffed, he was immediately sat up and
monitored for any breathing difficulty. None was apparent."
'a4.F
W
Copy: City Manager, All Police Supervisors, Review Committee, City Clerk's office, CPRB
The highest level of force used in each incident is below:
Hands-oV
5
Trier Dis
0
Taser Disch
1OC
S ra De t
0Firearm
s Di
flFirearms
Disc
ASP Striking
U
Officer StrikinZLKjckin
0
Animal Dis atched
0
SRT Callouts
0
Vehicle Pursuits
a
Officer Injuries 2 su erficial
ESuspect Injuries I 2 tsuper ieial)
Reports submitted to 0
DOJ
r. 'a
e�
Copy: City Manager, All Police Supervisors, Review Committee, City Clerk's office, CPRB
' IOWA CITY POLICE DEPARTMENT
Use of Force Report
July 2020
Officer Date Incident Incident Force Used
Badge Number # type
Number#
11,55 713 2020004239 Agency Subject was struggling/fighting with JCSO
assist deputies — officers held subject's shoulder
down and put knee on his back to control
movement and prevent him from getting
up — officers assisted in handcuffing
A second subject was also resisting
deputies — ICPD officer handcuffed him
after deputies were able to get his
movement controlled
44 7/6 2020004293 Mental Officer assisted a mother with the control
impairment of a child with mental disabilities who was
being assaultive and needed to be taken
to the hospital at the mother's request —
officer grabbed the child's arms and "bear
hugged" the child to prevent her from
continuing to hit the mother and the officer
— officer lifted and carried child to her
mother's car — when child got out of car,
the officer grabbed and held her arm to
escort her to a squad — child ended her
defiance/assaultive behavior and returned
to her mother without further incident
32,2 7/7 2020004294 Suicidal Subject ignored instructions to stop
subject walking away and was arrested — officers
grabbed arms to stop her from walking
and she attempted to pull away and kick —
she was put on ground_to control
movement and cuffed w/ 2-Sets of cuffs
due to resistance and reported hand injury
— subject continued to kick and struck
officer in chest with head officer pushed
subject onto torso to prevent further
assault — subject then intentionally hit
head on sidewalk until officer shielded her
head from her own actions — handcuffed
11 7(9 2020004344 Assault Officer arrived to scene and found subject
July 2018 Use of Force Report
struggling, one holding a knife — officer
gave commands that were ignored, then
deployed GED at armed subject causing
him to release knife — second CED
deployment by officer, to avoid physical
altercation and decrease chance of
injuries, when subject ignored commands
and tensed and attempted to face officer —
subject then complied with commands and
10,23 7t16 2020004503 Assault I
Subject refused to follow instructions after
he was under arrest — officers
intoxicated
being told
grabbed his arms and stood him from a
person
seated position, placed arms behind his
back, and cuffed him while subject mildly
resisted — officer pushed subject's leg into
squad car with his leg when subject
intentionally blocked the closing of the
squad door with his
42, 70, 7118 2020004567 Suicidal
Subject reported to be suicidal and
harming himself w/ knife (also with active
72, 34 person
warrants) fled from officers on a bike, then
on foot — officers located and caught up to
him on foot, grabbed him and pulled him
to the ground to prevent further fleeing —
subject attempted to get up and officers
held him down by his arms/legs and
forced arms behind his back for cuffing —
recictnnce ended once cuffed
July 2018 Use of Force Report
Chris Olney
From: Carol deProsse <lonetreefox@mac.com>
Sent: Monday, August 24, 2020 4:02 PM
To: Council; Tracy Jon Sargeant; Bill Campbell; Community Police Review Board
Subject: Another one
RISK
https J/www dailvkos.com/stories/2020/8124J1971837/-Louisiana-police-fired-11-times-killing-Black-man-as-he-
walked-away
Chris Olney
From: Carol deProsse <lonetreefox@mac.com>
Sent: Wednesday, September 2, 2020 7:28 AM
To: Council; Community Police Review Board
Subject: Laura`s Column
Laura Bergus' column in the September 2 PC pretty much encapsulates my thoughts and feelings on the IFR protests.
Thank you for writing it.
Carol deProsse
This email is from an external source.
Chris Olney
From:
Carol deProsse tlonetreefox@mac.com>
Sent:
Thursday, September 3, 2020 2:52 PM
To:
Bill Campbell; Community Police Review Board; Council
Subject:
'Have a plan' —former Sheriff David Clarke advises audience on how to 'legally' kill
protesters
Getting uglier and not by BLM or'antifa'
https://protect-us.m imecast.com/s/z5wxCQWXErtn348CxK-tj?doma in=dailykos.com
This email is from an external source.
Chris Olne
From: Carol deProsse <lonetreefox@mac.com>
Sent: Thursday, September 3, 2020 2:50 PM
To: Council; Bill Campbell; Community Police Review Board
Subject: The right's eliminationist narrative about antifa was borne of conspiracism and lives in it
now
Please read.
https://protect-us. m imecast.com/s/E6S3Cwpx46t5AZOhV EN9 M?domain=dai lykos.com
This email is from an external source.
Recommended Changes to City Code for CPRB- Draft #1 1092vy
COMMUNITY POLICE REVIEW BOARD
8-8-1 CREATION OF COMMUNITY POLICE REVIEW BOARD: As permitted under
Iowa's home rule authority and as required by the city's home rule charter, the city
creates the community police review board (hereinafter "board"), subject to the duties
and limited powers set forth herein. (Ord. 15-4627, 6-16-2015)
8-8-2: INTENT, GOALS AND GUIDING PRINCIPLES:
A. Investigations into claims of inappropriate conduct by sworn police officers will be
conducted in a manner which is fair, thorough, and accurate.
B. An annual change to "quarterly" (AN) reporting system regarding complaints against
sworn police officers will be established to give the city council sufficient information to
assess the overall performance of the Iowa City police department in these matters.
(Ord. 13-4555, 9-17-2013)
C. Persons may make a formal written complaint to either the board -add "or to the Iowa
City Police Department" (AN). In accordance with this chapter the board shall process -
add "not" (AN) only those complaints filed with the board but -add "also those filed with
the police department." (AN) The board will receive reports from the police chief briefly
describing the nature of the allegations made in -remove and replace with "copies of all"
formal written complaints filed with the police department and the disposition of the
same add "within seven business days of the filing date" (AN). (Ord. 13-4555, 9-17-
2013; amd. Ord. 15-4627, 6-16-2015)
D. The board will:
1. Oversee a monitoring system for tracking receipt of formal complaints lodged against
sworn police officers with either the board or the Iowa City police department.
2. Provide oversight of police investigations through review of such investigations.
3. Provide the opportunity for a hearing to the police officer if the board's findings on the
complaint to the board are critical of the police officer, as required by constitutional law,
and give the police officer the opportunity to present testimony and evidence.
4. Issue a final public report to the city council on each complaint to the board which
sets forth factual findings and a written conclusion which explains why and the extent to
which the complaint is either "sustained" or "not sustained".
E. The board shall have no authority over police disciplinary matters because only the
police chief or city manager may impose discipline under Iowa law. - change to"the
authority to issue formal reprimands with legal standing for officer misconduct." (as in
Newark, New Jersey) (AN)
F. No findings in the board's report shall be used in any other legal proceeding. Get rid
of this (AN)
F add "The board shall have authority to hire and/or fire the chief of police." (as in
Oakland, California.) (AN)
G. add 'Board findings/rulings shall be binding --unless disputed by the Chief of Police -
- and they will be acted upon within fourteen days. (AN) The board may discuss their
disciplinary recommendations with the Police Chief and/or the City Manager. (DS) If the
Chief of Police disputes the ruling, the dispute shall go to the City Council to be
settled by a public vote. If the board recommends that an officer is terminated or
faces other disciplinary action, it will only be reversible by a council vote" (AN)
G change to "H". The board shall only review the conduct of sworn Iowa City police
officers and shall only act in a civil, not criminal, capacity. The board is not intended to
be a court of law, a tort claim process or other litigation process. No action of the board
shall be deemed to diminish or limit the right of any person to file a claim or a lawsuit
against the city.
H change to "I". A complaint to the board may be filed by any person with personal
knowledge of an incident. "Personal knowledge" means the complainant was directly
involved in the incident or witnessed the incident. If the person with personal knowledge
is underage or otherwise unable to complete a complaint form, the complaint may be
filed by such person's designated representative. The City Manager, the Police Chief,
the City Council, or the board may file a complaint to the board based upon a
reasonable belief that police misconduct has occurred regardless of personal
knowledge.
IJ. In order to assure that people feel confident in the complaint process, non police City
staff, add "including an independent advocate trained in trauma awareness" (AN), shall
be available at a public location other than the Police Department to receive complaints,
although complaints may also be filed at the Police Department.
JK. The board shall not interfere with or diminish the legal rights of sworn police officers,
including those rights protected under the union contract, Civil Service Commission, and
State and Federal law. Similarly, the board shall respect the rights of privacy and
freedom from defamation shared by complainants and witnesses, as well as those
same rights enjoyed by police officers under the law.
L. The City Council finds that internal accountability within the Police Department is a
valid legislative purpose, and one method of accomplishing such internal accountability
is to have the police do their own investigations into claims of inappropriate police
conduct.internal investigation may not be enough in certain situations
internal investigation may not be enough in certain situations
Change this -Independent investigation of complaints (not through ICPD). (LMG)
ADD-
2. CPRB EMPOWERED TO INVESTIGATE ANY OCCURRENCE
a. The board shall have unfettered access to (AN) complete records and files (DS) (AN)
as well as full direct access to witnesses and the mandatory cooperation of police
officers,(AN) for any instance or occurrence, including for any instances reported in the
quarterly data for review. (DS) This requires that officers keep their body cameras
operational at all times and on during all public duties. Officers who fail to do so will
face disciplinary action and will be terminated in the event of multiple violations. (CMG)
(AN)
(The purpose of this proposed change is to allow for oversight beyond the narrow
confines of the instances where a formal complaint has been raised to the attention of
the CPRB. Data records will allow for identification of trends and more knowledge of the
policing and how it is being performed on the several important topics. The list of
important topics can be altered and expounded upon. Quarterly reports will allow for
more timely responses and investigations than annual reports.) (DS)
If a complaint is asserted against the Police Chief, the City Manager will investigate the
claim and report to the board and the City Council. (Ord. 13-4555, 9-17-2013)
L. Investigation of all formal complaints to the board is a mandatory duty of the Police
Chief, and a report of each complaint investigation shall be given to the board. Such
reports to the board shall include the factual findings of the Police Chief as well as a
written conclusion explaining why and the extent to which a complaint is either
"sustained" or "not sustained". However, such reports shall not include discipline or
other personnel matters. Get rid of this. Change to "and a summary of any disciplinary
action taken." (AN) If the Police Chief and the City Manager find the police officer's
actions constitute misconduct and discipline is imposed by the Police Chief or City
Manager, the internal affairs investigation may change to "will" (AN) become a public
record to be released by the City Attorney to the extent provided by law, in which case
the City Attorney shall forward a copy of such internal affairs investigation report to the
board. (Ord. 13-4555, 9-17-2013; amd. Ord. 19-4783, 3-12-2019)
M. In order to assure external accountability of the actions of the Police Department, the
Police Chief shall provide the board with a report at least quarterly of all formal
complaints filed directly with the Police Department, which report shall state the date
and location of the incident and a brief description of the nature of the allegation and the
disposition of the complaint. (Ord. 13-4555, 9-17-2013)- change to "forward all formal
complaints filed directly with the Police Department to the board for review" within seven
business days of the filing date. (AN)
N. External accountability will further be provided by the board's maintenance of a add
"public" (AN) central registry of all formal complaints. In addition to the central registry,
the board shall provide an annual change to "quarterly" (AN) report to the City Council,
which report shall be public and shall set forth the general types and numbers of
complaints, how they were resolved, whether the board's decision differed from that of
the Police Chief and/or City Manager, demographic information, and recommendations
as to how the Police Department may improve its community relations or be more
responsive to community needs. (Ord. 13-4555, 9-17-2013; amd. Ord. 19-4783, 3-12-
2019)
O. Add -"External accountability will also be provided by the board's hiring of an external
auditor once per year to review the police department's internal investigation
procedures and make recommendations" (AN)
0. The board shall hold at least one change to four (AN) community forums each year
for the purpose of hearing views on the policies, practices and procedures of the Iowa
City Police Department, review police practices, procedures, and written policies as
those practices and procedures relate to the Police Department's performance as a
whole, and report their recommendations, if any, to the City Council, City Manager and
Police Chief. (Ord. 13-4555, 9-17-2013; amd. Ord. 15-4627, 6-16-2015)
8-8-3: DEFINITION OF COMPLAINT; COMPLAINT PROCESS IN GENERAL:
A A "complaint to the board" is an allegation of misconduct lodged against a sworn
police officer ("police officer" or "officer") employed by the Iowa City Police Department,
where the complained of activity occurred while the officer was acting in the capacity of
a sworn police officer, whether made directly to the board or to the Iowa City Police
Department. All complaints filed with the police department will be forwarded to the
Community Police Review Board (AN)
8. Any person with personal knowledge of the alleged police misconduct may file a
complaint with the board. In order to have "personal knowledge", the complainant must
have been directly involved in the incident or witnessed the incident. If the person with
personal knowledge is underage or otherwise unable to complete a complaint form, the
complaint may be filed by such person's designated representative. The City Manager,
the Police Chief, the City Council or the board itself may file a complaint based on a
reasonable belief that police misconduct has occurred regardless of personal
knowledge. The person or official filing the complaint may hereafter be referred to as the
"complainant". December 2019 Iowa City ' - 8-8-3 8-8-5
C. All complaints to the board shall be in writing and on forms provided by the board.
Complaint forms shall be available to the public in easily accessible locations, to include
an online format with an online submission option (AN) and non police staff shall be
available to receive the complaint forms. Assistance may be available to complete the
form as designated by the board. Complaints shall be able to be received from a wide
variety of sources —including in -person, telephonically, electronically, anonymously and
through third persons with sufficient knowledge of the underlying circumstances
2. The complaint system will be accessible through a variety of means (including in
person, telephone, electronically)
3. Complainants shall not be discouraged from filing a report and will be free from
retaliation (allowed to file anonymously) (LMG).
D. All complaints to the board must be filed with the City Clerk within ninety (90) change
to "180" (AN) days of the alleged misconduct.
E. Only those complaints to the board which do not involve the conduct of an Iowa City
sworn police officer or are not filed within ninety (90) change to 180" (AN) days of the
alleged misconduct may be subject to summary dismissal by the board. (Ord. 13-4555,
9-17-2013) 8-8-4: RESERVED: (Ord. 13-4555, 9-17-2013)
8-8-5: POLICE DEPARTMENT AND POLICE CHIEF INVESTIGATORY DUTIES; CITY
MANAGER INVESTIGATORY DUTIES:
A. Reserved.
B. Investigation: It shall be the mandatory duty of the Police Chief to do the following:
1. Prior to investigation of any board complaint, the Police Chief shall first give Garrity
and Gardner advice to all police officers implicated in the complaint, as required by
constitutional law. This means the officer cannot be required to waive the officer's
constitutional right against self-incrimination. However, the officer may be required to
answer questions during the investigation as a condition of the officer's employment, but
any admissions made by the officer cannot be used against the officer in a criminal
proceeding. Remove (AN)
2. Reserved.
3. Assign the complaint to designated investigators within the Police Department for
investigation into the factual allegations of the complaint.
4. The complainant shall be interviewed by the Police Department and shall be entitled
to have a neutral City staff person or some other person chosen by the complainant
present during the interview. The CPRB shall be provided funding and authority to hire
an independent advocate with trauma awareness training to be made available to
complainants for this and other purposes related to the complaint process (providing
assistance and support in filling out and submitting paperwork, attending meetings, etc),
if the complainant so desires. (AN)
The police officer is entitled to have a union steward present during any interviews. The
City Manager will participate in the interview process with the officers involved in the
complaint. A review of the City Manager's involvement under this provision will be done
in two (2) years to ensure the practice is producing its intended purpose.
5. Investigators will prepare and forward a report of their investigation to the Police
Chief, and shall make detailed findings of fact as to the allegations in the complaint, and
shall also set forth a written conclusion which explains why and the extent to which the
complaint is either "sustained" or "not sustained". (Ord. 13-4555, 9-17-2013)
6. In the event the board's decision differs from that of the Police Chief, the Chief shall
meet with the board in closed session to discuss the discrepancy of opinion. If the board
requests the City Manager's presence at said meeting the City Manager will also attend.
Such meeting shall take place prior to the issuance of the board's public report to the
City Council. (Ord. 19-4783, 3-12-2019)
C. Legal Advice: If litigation, including criminal charges, relating to the matter of the
complaint is commenced or is being contemplated by or against any party to the
complaint, the Police Department, the Police Chief and/or the board shall consult with
the City Attorney and/or the board's own attorney on a case by case basis, to determine
whether and how the investigation of the complaint should proceed.
D. Complaints Against Police Chief: If a board complaint is filed concerning the Police
Chiefs conduct, the City Manager shall investigate or cause an investigation to be
completed.
E. Disciplinary Action: Nothing in this chapter shall prevent the Police Chief or the City
Manager from taking disciplinary action prior to the board's review of the complaint.
(Ord. 13-4555, 9-17-2013)
8-8-6: POLICE CHIEFS REPORT TO BOARD; CITY MANAGER'S REPORT TO
BOARD:
A. The Police Chief shall receive the designated investigator's report within the time
frame indicated by the Police Chief. The Police Chief shall conduct a review of the
investigators' report, and may do any or all of the following: conduct interviews or
request the police investigators to conduct additional investigations; request additional
information, or that additional questions be asked; interview or direct that other persons
or witnesses be interviewed; request that other documents be reviewed and/or
retrieved; and any other investigative matters the Police Chief deems appropriate. The
Police Chief will consult with the City Personnel Administrator and the City Attorney
prior to finalizing the Police Chiefs report to the board, and shall then forward this report
to the board, which shall include the following:
1. Detailed written findings of fact concerning the allegations in the complaint;
2. A written conclusion which explains why and the extent to which the complaint is
either "sustained" or "not sustained';
3. Recommended remedial actions, if any, including amending current policies or
adopting new policies;
C. The Police Chiefs report to the board shall not include discipline or personnel
matters. get rid of change to "4. A summary of disciplinary measures taken"; (AN) (OT)
(DS) and
53he history of previous allegations of misconduct against the officer and any history of
found misconduct and/or discipline. (DS)
D. A copy of the Police Chiefs report to the board shall be given to the police officer, the
complainant, and the City Manager. If the complaint concerns the Police Chief, copies
of the City Manager's report to the board shall be given to the Police Chief, the
complainant, and the City Council.
E. The Police Chiefs report to the board shall be completed within ninety (90) calendar
days after the complaint is filed. The board will grant extensions from this deadline for
good cause shown.
F. All investigations shall be performed in a manner designed to produce a minimum of
inconvenience and embarrassment to all parties, including the complainant, the police
officer, and other witnesses.
G. If a complaint is filed concerning the Police Chief, the City Manager's report shall
include the same findings of fact and conclusions as required for the Police Chiefs
report to the board. (Ord. 13-4555, 9-17-2013)
8-8-7: DUTIES OF BOARD; COMPLAINT REVIEW AND GENERAL DUTIES:
A. Complaints: The board shall forward copies of all complaints received to the Police
Chief for investigation; or where the complaint concerns the Police Chief, forward a
copy of the complaint to the City Manager for investigation. A copy of all complaints
shall be forwarded to the Equity Director.
B. Review Of Police Chiefs Report Or City Manager's Report:
1. The board shall review all Police Chiefs reports and City Manager's reports
concerning complaints. The board shall decide, on a simple majority vote, the level of
review to give each Police Chiefs or City Manager's report, and the board may select
any or all of the following levels of review:
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 City Manager, 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.
G, Require officers to participate in mediation (if the complainant desires) (This could
involve consent decrees with the Department of Justice as in Baltimore, Maryland;
Ferguson, Missouri; and New Orleans, Louisiana) (AN)
2. The board shall apply a "reasonable basis" standard of review when reviewing the
Police Chief's or City Manager's report. This requires the board to give deference to the
Police Chiefs or City Manager's report because of the Police Chiefs and City
Manager's respective professional expertise. The board may recommend that the Police
Chief or City Manager reverse or modify their findings only if:
a. The findings are not supported by substantial evidence;
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.
3. If, in accordance with said standard, the board affirms the decision of the Police Chief
or City Manager with respect to the allegations of misconduct but nonetheless has
concern about the officer's conduct or police practices, policies, or procedures, it may so
comment in its report to the City Council. If such comments are critical of the officer's
conduct the board shall provide the officer a name clearing hearing pursuant to
subsection B6 of this section. When collecting and reviewing additional evidence, the
board shall rely on evidence which reasonably prudent persons are accustomed to rely
upon in the conduct of their serious affairs.
4. If the board disagrees with the decision of the Police Chief or City Manager with
respect to the allegations of misconduct, the board and the Police Chief and/or City
Manager shall meet in closed session to discuss their disagreement about the
complaint. If the board requests the City Manager's presence at its meeting with the
Police Chief, the City Manager will also attend. Such meeting shall take place prior to
the issuance of the board's public report to the City Council.
5. At the conclusion of the board's review, the board shall issue a public report to the
City Council concerning the complaint investigation. Such public report shall include
detailed findings of fact concerning the complaint, together with a clearly articulated
conclusion which explains why and the extent to which the complaint is "sustained" or
"not sustained". If the complaint is "not sustained", the public report shall not include the
names of the complainant(s) or the police officer(s). If the complaint is "sustained" the
board may include the name of the complainant(s) and add will include the name of the
police officer(s) if it determines that the public interest in such disclosure outweighs the
public harm and privacy interests of the complainant(s) and/or police officer(s). Said
determination shall be made in writing and shall state, in detail, the board's reasons for
such determination. Remove this conditionlrequirement (AN) Add "All complaints
against officers should be entered into a publicly searchable database that is
readily accessible on the city government's website, browsable, and searchable
by officer name." (AN) The board shall notify the person(s) whose name(s) it intends
to disclose, the City Attorney and the Police Chief (or City Manager if the Police Chief is
the subject of the complaint), of its intent to make such disclosure by confidential written
communication sent by regular mail or hand delivery at least ten (1 O) working days prior
to such disclosure. In addition, the board's public report shall not include any discipline
or personnel matters, although get rid of this change to "shall include a summary of
disciplinary measures taken" (AN) and the board may comment generally as to whether
the board believes discipline is appropriate without commenting on the extent or form of
the discipline get rid of this (AN) A copy of this public report to the City Council shall be
given to the complainant(s), the police officer(s), the Police Chief, Equity Director, and
the City Manager. The public report shall indicate whether the board affirmed or rejected
the decision set forth in the report of the Police Chief and/or City Manager. May 2019
Iowa City
6. The board shall not issue a report which is critical of the sworn police officer's
conduct until after a "name clearing hearing" has been held, consistent with
constitutional due process law. The board shall give notice of such hearing to the police
officer so that the officer may testify before the board and present additional relevant
evidence. The board shall be responsible for protection of all State and Federal rights
enjoyed by the officer. The officer may waive the right to this hearing upon written
waiver submitted to the board.
7. If the board's report is not critical of the officer's conduct, the board is not required by
law to offer a hearing to the officer, but the board may hold hearings as deemed
appropriate by the board.
8. The board's report to the City Council shall be completed within ninety (90) calendar
days of receipt of the Chiefs or City Manager's report. The City Council may grant
requests for extensions to this deadline upon good cause shown.
9. Nothing in this chapter shall in any way impede or interfere with the Police Chiefs
and the City Manager's lawful ability to perform their personnel supervisory duties over
sworn police officers, including the ability to impose discipline as deemed appropriate by
the Police Chief or City Manager.
10. No findings or report submitted to the board or prepared by the board shall be used
in any other proceedings. (Ord. 19-4783, 3-12-2019) Get rid of this (AN)
11. The Police chief must provide a written response to the board's report (OT) within
90 days (AN), which will include any disciplinary actions taken (OT). This response shall
be public record. (AN)
(Under the current system the Board sends its report to the City Council it never
receives any written response concerning any actions taken. This is especially
noticeable in situations where the Police Chief reviews the information and finds that the
officer did not violate the citizen's rights, but the Board, after viewing the information
finds that the citizen's rights were violated.Under the current set up it seems that the
CPRB is involved, but has no influence over the outcome.) (OT)
C. General Powers And Duties: The board shall also carry out the following duties:
1. Maintain a central registry of written complaints filed with the board or with the Iowa
City Police Department.
2. Collect data and do an annual change to "quarterly" (AN) report to the City Council
which shall be public and shall set forth the general types and numbers of complaints,
disposition of the complaints, the discipline which was imposed, if any, and
demographic information. For this purpose the board will have access to individual
officer records in order to study patterns of police misconduct of specific officers. (LMG)
This annual change to "quarterly" report shall not include the names of the
complainants or officers involved in complaints which were not sustained, and shall
otherwise be in a form which protects the confidentiality of the parties while remove
providing change to "provides" (AN) the public with information on the overall
performance of the Police Department. The board's annual change to "quarterly" (AN)
report may also include recommended changes in police practices, policies or
procedures.
The annual change to "quarterly" (AM) report will also include data derived from the exit
survey tool May 2019 Iowa City. ' . (" ( ( 8-8-7 8-8-8 developed for the complainant to
provide staff and the public with perceptions of the process. (Ord. 13-4555, 9-17-20131
3. In addition to the annual change to "quarterly' report, the board shall report to the City
Council, from time to time, on police practices, procedures and policies, including
recommended changes, if appropriate, and hold at least one change "four" (AN)
community forums each year for the purpose of hearing views on the policies, practices
and procedures of the Iowa City Police Department. (Ord. 13-4555, 9-17-2013; amd.
Ord. 15-4627, 6-16-2015)
4. The board shall adopt procedural rules and bylaws governing the board's activities,
including the receipt and processing of complaints, and such procedural rules and
bylaws shall be approved by the City Council. (Ord. 13-4555, 9-17-2013)
5. Add "The board shall work to improve public awareness of and engagement with the
CPRB and shall be provided city funding for awareness and accessibility
improvements."
8-8-8: BOARD COMPOSITION; LIMITED POWERS OF BOARD:
A. Board Composition:
1 . The board shall consist of five (5) change to "seven (7)" (DS) members, add
"including a minimum of three members who identify as a minority." DS)
a. Two of the Seven members will be nominated by current Board members. (DS)
b. Five of the Seven members will be nominated by City Council or the Mayor. (DS)
c. City Council will confirm all nominated members. (DS)
appointed by the City Council, (remove) Board members shall be Iowa City eligible
electors and shall serve with -out compensation. The City Council shall strive to appoint
members who represent the diversity of the community. Appointments to the board
shall include one current or former -peace officer" as that term is defined by State law,
except that a peace officer employed as such by the City of Iowa City within five (5)
years of the appointment date shall not be appointed to the board. The City Council
reserves the right to waive the residency requirement for good cause shown. The City
Council also reserves the right, for good cause shown, to waive the requirement that the
board include one current or former peace officer.
2. Following final adoption and publication of the ordinance codified herein, the City
Council shall appoint members to the board for staggered terms. All appointments shall
be for a four (4) year term, except for the initial appointments which shall be as follows:
a. One person appointed for a two (2) year term.
b. Two (2) persons appointed for three (3) year terms.
c. Two (2) persons appointed for four (4) year terms. May 2019 Iowa City
(The purpose would be to allow larger gathering of members without formulating a
quorum, allow for more discussion and representation of the community, and help share
the responsibilities of the volunteer board members among more of its members.
The call for reform to the CPRB stems from an agenda to achieve racial equality in the
justice system. Objective data points to clear racial disparities in policing on a statewide
and national level. Having a minimum composition of members from minority groups for
overseeing the police would help protect minority interests in the CPRB's carrying out its
police oversight responsibilities and garner more trust in the CPRB from minority
groups.) (DS)
(The purpose would allow for the CPRB to have some input in its own makeup and
composition, This would allow for the CPRB to nominate candidates that may have
qualifications, skills, or character that the CPRB members believe would compliment the
current composition of the CPRB so as to allow them to be more informed, capable, and
effective in carrying out its duties and/or representative of interests in the community.
Some example qualifications include report writing, community activism, data analysis,
and/or auditing. Again, deference to minority composition is recommended.)
(DS)
8-8-8 8-8-9 3. Training shall be available to all board members to enable them to
perform the duties imposed herein, including training on Iowa's Public Records and
Open Meetings Laws.
8. Limited Powers: The board shall have the following limited powers:
1. On its own motion, by a simple majority vote of all members of the board, the board
may file a complaint.
2. The board shall decide the level of review to give the Police Chiefs or City
Manager's report by a simple majority vote of all members of the board.
3. The board has no power to review police officer personnel records or disciplinary
matters except to the extent such matters are made public by the City Attorney or are
the subject of an enforceable subpoena. Remove this (AN)
4. The board has only limited civil, administrative review powers, -and has no power or
authority over criminal matters. The board is not a court of law, and is not intended to
substitute as a tort claims procedure or as litigation against the City.
5. If criminal charges are brought or are being considered against a particular police
officer(s), the board's review or investigation may proceed with interviewing other
officers or witnesses, or collecting documents, as appropriate. Any statements given by
an officer who is subject to criminal investigation cannot later be used against the officer
in a criminal proceeding, as provided under the Fifth Amendment to the U.S.
Constitution, unless such constitutional right is waived.
6. The board may obtain outside counsel and independent investigators in order to carry
out the board's duties.
7. The board may request that the City Council hold general public informational
hearings concerning Police Department practices, procedures or written policies. (Ord.
13-4555, 9-17-2013)
8. Additional powers: The board shall have the power to enact and enforce
measurable consequences when the board recommendations are not followed or
implemented (LMG)
9. Additional powers (DS):
1. THE BOARD SHALL BE PROVIDED WITH QUARTERLY REPORTS ON DATA
TOPIC FOR REVIEW:
a. The Iowa City Police Department shall be responsible for providing the following
data for the board to review every quarter:
i. Total number of detained individuals
ii. Demographics of the individuals detained
ii. Total number of arrests
iv. Demographics of those arrested
V. Number of occurrences where physical use of force model was used for
on an individual to the Use of Force model's level of resistor.
vi. Number of occurrences where physical use of force was used on a
individual to the Use of Force model's level of assailant.
vii. Number of occurrences when weapons were drawn by police,(DS) (including during
precautionary positioning maneuvers AN).
For each occurrence: (DS)
1. Number of individuals involved
2. Race of non -officer individuals involved
3. Whether the weapon was pointed at any civilian
4. Whether the weapon was discharged (DS)
5. Stated reason for (DS) drawing and/or (AN) discharge of weapon (DS)
6. Whether any non -officer individual had a weapon
7. Whether the non -officer individual used or tried to use the
weapon against any officer
viii. Number of occurrences where an officer or civilian was injured and for each
occurrence:
1. Who was injured
2. Whether professional medical treatment was requested
3. Whether professional medical treatment was provided
2. THE BOARD SHALL HAVE POWER TO REVIEW AND REPORT ON DISCIPLINE
WHEN MISCONDUCT IS FOUND, AND TO APPEAL TO THE CITY COUNCIL FOR A
HEARING ON THE DISCIPLINE ISSUED WHEN DISAGREEMENT WITH POLICE
CHIEF/CITY MANAGER. (DS)
(This proposed change addresses a critical part of the oversight function that is missing:
accountability/ramifications for instances of misconduct. Presently, the board only
reports whether it finds misconduct. The value of this limited review should be restated:
in most instances misconduct was not found to be present by the CPRB, and having a
panel of impartial community members review cases and report that they concur with
the findings of the police has and continues to provide reassurance while saving large
expense. However, in complaints where misconduct is found, in order to obtain effective
oversight, some authority to weigh in on the discipline of the officer must be provided.
Caution must be taken as CPRB members are not trained in human resources and/or
the disciplining of officers. Still, in the least CPRB should be informed of the disciplinary
measures that were taken, and the reasonings behind such decision. Such findings
should be included in the report from the Chief or City Manager, and should include,
among other information, the history of previous allegations of misconduct against the
officer and any history of found misconduct and/or discipline.
It is further proposed, in instances where the CPRB found misconduct, they should be
able to discuss with the Chief/City Manager the recommended discipline. If the CPRB
disagrees with the final finding of discipline by the Chief, it may include such findings in
its public report. At discretion of the CPRB, by majority vote, the CPRB should be
allowed to appeal the Chiefs finding of discipline to the City Council for a hearing in
which the City Council would ultimately decide the discipline of the officer. (DS)
8-8-9: POLICE OFFICER'S AND COMPLAINANT'S RIGHTS PRESERVED: A. All
rights enjoyed by sworn police officers employed by the City are preserved in this
chapter, and nothing herein is intended to waive, diminish or interfere with any such
rights protected by the union contract, Iowa's Civil Service Commission laws and other
applicable State and Federal laws.
B. All common law rights enjoyed by complainants and police officers, such as privacy
and freedom from defamation, shall be protected during the process set out in this
chapter, and it shall be the board's duty to protect said rights.
C. Notwithstanding the above provisions, no board member shall be liable to any person
for damages or equitable relief by reason of any investigation or recommendation or
report made by either a board member or by the board itself. (Ord. 13-4555, 9-17-2013)
8-8-10: COUNCIL REVIEW: (Rep. by Ord. 07-4291 , 10-16-2007)
8-8-11: TIME COMPUTATION: In computing time under this chapter, the first day shall
be excluded and the last included, unless the last falls on a Sunday, in which case the
time prescribed shall be extended so as to include the whole of the following Monday.
However, when the last day for the filing of a complaint or the completion of a report
falls on a Saturday or Sunday, or a day on which the Office of the City Clerk is closed
due to a City holiday, the time shall be extended to include the next day on which the
Office of the Clerk is open to receive the filing of a complaint or the report. (Ord. 13-
4555, 9-17-2013)
8-8-12: LIAISON: At the beginning of each even numbered calendar year, the City
Council shall appoint one council member to serve as a liaison to the board. The
general purpose of the liaison position shall be to help facilitate communication between
the members of CPRB and members of the City Council about the overall makeup and
function of the CPRB. The liaison will be a specific person to contact to provide a safe
and comfortable vehicle for members of CPRB to express any concerns about the
composition, cohesiveness and effectiveness of the CPRB. This will allow the Council to
receive information needed to be aware of concerns related to the function of the
CPRB, and make decisions/ changes when necessary. This will also be especially
beneficial in cases in which a CPRB member(s) do not feel comfortable airing concerns
related to the inner workings of the CPRB openly during CPRB meetings. (Ord. 19-4801
, 8-20-2019) December 2
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PolicyAlliance/DPA Fact Sheet Approaches to Decriminalization Feb2015 1 pdf
https.-/Awww.druqDolicy.org/issues/druc -decriminalization
COMMUNITY POLICE REVIEW BOARD
OFFICE CONTACTS
August2020
Date Description
None
September 8, 2020 Mtg Packet
COMMUNITY POLICE REVIEW BOARD
COMPLAINT DEADLINES
CPRB Complaint #20-01
Filed: 06/03/20
Chief's report due (90 days): 09/01/20
Chief's report filed: 07/23/20
CPRB meeting #1 (Review):
06/09/20
CPRB meeting #2 (Review):
08/19/20
CPRB meeting #3 (Review):
09/08/20
CPRB meeting #4 (Review):
??/??/??
CPRB report due (90 days): 10/21/20
CPRB Complaint #20-02
Filed: 06/04/20
Chiefs report due (90 days): 09/02/20
Chief's report filed: ??/??/20
CPRB meeting #1 (Review):
??/??/20
CPRB meeting #2 (Review):
??/??/20
CPRB meeting #3 (Review):
??/??/20
CPRB report due (90 days): ??/??/20
CPRB Complaint #20-03
Filed: 07/07/20
Chief's report due (90 days): 10/05/20
Chief's report filed: 08/19/20
CPRB meeting #1 (Review):
09/08/20
CPRB meeting #2 (Review):
??/??/20
CPRB meeting #3 (Review):
??/??/20
CPRB report due (90 days): 11/17/20
CPRB Complaint #20-04
Filed: 07/27/20
Chief's report due (90 days): 10/26/20
Chief's report filed: ??/??/20
CPRB meeting #1 (Review):
??/7?/20
CPRB meeting #2 (Review):
??/??120
CPRB meeting #3 (Review):
??/??/20
CPRB report due (90 days): ??/??/20
September 8, 2020 Mtg Packet
CPRB Complaint #20-05
Filed: 08/14/20
Chief's report due (90 days): 11/12/20
Chief's report filed: ??/??/20
CPRB meeting #1 (Review):
??/??/20
CPRB meeting #2 (Review):
??/??/20
CPRB meeting #3 (Review):
??/??120
CPRB report due (90 days): ??/??/20
CPRB Complaint #20-06
Filed: 08/19/20
Chief's report due (90 days): 11/17/20
Chief's report filed: ??/??/20
CPRB meeting #1 (Review):
??/??120
CPRB meeting #2 (Review):
??/??/20
CPRB meeting #3 (Review):
??/??/20
CPRB report due (90 days): ??/??/20
CPRB Complaint #20-07
Filed: 08/27/20
Chief's report due (90 days): 11/25/20
Chiefs report filed: ??/??/20
CPRB meeting #1 (Review):
??/??/20
CPRB meeting #2 (Review):
??/??/20
CPRB meeting #3 (Review):
??/??/20
CPRB report due (90 days): ??/??/20
CPRB Complaint #20-08
Filed: 08/27/20
Chief's report due (90 days): 11/25/20
Chief's report filed: ??/??/20
CPRB meeting #1 (Review):
??/??/20
CPRB meeting #2 (Review):
??/??/20
CPRB meeting #3 (Review):
??/??/20
CPRB report due (90 days): ??/??/20
TENTATIVE MEETING SCHEDULE
September 21, 2020 (Community Forum)
October 13, 2020
November 10, 2020
December 8, 2020
January 12, 2021