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HomeMy WebLinkAbout01-10-2006 Police Citizens Review BoardAGENDA POLICE CITIZENS REVIEW BOARD January 10, 2006 — 7:00 P.M. LOBBY CONFERENCE ROOM 410 E. Washington Street ITEM NO. 1 CALL TO ORDER and ROLL CALL ITEM NO. 2 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED • Minutes of the meeting on 12/13/05 • ICPD General Order #90 -02 (Report Review) • ICPD General Order #00 -10 (Evidence and Property Handling Procedures) • ICPD General Order #01 -07 (Police Media Relations /Public Information) • ICPD Quarterly /Summary Report (Qtr 4) — IAIR /PCRB, 2005 • ICPD Use of Force Report (November 2005) ITEM NO. 3 OLD BUSINESS ITEM NO. 4 NEW BUSINESS • Complaint Process ITEM NO. 5 PUBLIC DISCUSSION ITEM NO. 6 BOARD INFORMATION ITEM NO. 7 STAFF INFORMATION ITEM NO. 8 CONSIDER MOTION TO ADJOURN TO EXECUTIVE SESSION based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22 -7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code, and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. ITEM NO. 9 MEETING SCHEDULE and FUTURE AGENDAS • February 14, 2006, 7:00 P.M., Lobby Conference Room • March 14, 2006, 7:00 P.M., Lobby Conference Room • April 11, 2006, 7:00 P.M., Lobby Conference Room • May 8, 2006, 7:00 P.M., Lobby Conference Room ITEM NO. 10 ADJOURNMENT MEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City DATE: January 6, 2006 TO: PCRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on January 10, 2006 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 01/10/06 • Minutes of the meeting on 12/13/05 • ICPD General Order #90 -02 (Report Review) • ICPD General Order #00 -10 (Evidence and Property Handling Procedures) • ICPD General Order #01-07 (Police Media Relations /Public Information) • ICPD Quarterly /Summary Report (Qtr 4) — IAIR /PCRB, 2005 • ICPD Use of Force Report (November 2005) • PCRB Complaint Deadlines • PCRB Office Contacts — December 2005 • PCRB Standard Operating Procedures, Section 1, Complaint Process Other resources available: National Association for Civilian Oversight of Law Enforcement NACOLE provides information regarding civilian oversight in law enforcement nation wide. For more information see: www.NACOLE.oro DRAFT POLICE CITIZENS REVIEW BOARD MINUTES — December 13, 2005 CALL TO ORDER: Chair Greg Roth called the meeting to order at 7:02 p.m. MEMBERS PRESENT: Elizabeth Engel, Candy Barnhill, and Loren Horton MEMBERS ABSENT: Michael Larson STAFF PRESENT: Staff Kellie Tuttle present OTHERS PRESENT: Capt. Tom Widmer of the ICPD and Public, John Kirby RECOMMENDATIONS TO COUNCIL None. CONSENT CALENDAR Motion by Engel and seconded by Horton to adopt the consent calendar. • Minutes of the meeting on 10/11/05 • ICPD General Order #90 -03 (Personal Appearance and Uniform Regulations) • ICPD General Order #99 -01 (Police Vehicle Pursuits) • ICPD General Order #99 -07 (Traffic) • ICPD General Order #99 -10 (Domestic Violence) • ICPD General Order #99 -11 (Arrests) • ICPD General Order #99 -12 (Field Interviews and "Pat- Down" Searches) • ICPD General Order #00 -08 (Weapons) • ICPD General Order #00-09 (Organization) • ICPD General Order #01 -09 (Narcotics, Organized Crime and Vice Investigations) • ICPD Department Memo 05 -58 • ICPD Use of Force Report (September 2005) • ICPD Use of Force Report (October 2005) Barnhill had some observations regarding General Orders. Traditionally on General Orders the Purpose is listed as Item 1. On General Order #90 -03, the Purpose does not have an item number. General Order #99 -10, the section on Enforcement of Court Protection Orders is not listed under the Procedures causing the itemized list to be off by one. General Order #00 -09, under Section IV, Procedures, discipline is not mentioned. Barnhill asked if discipline was inherently part of internal investigations. Widmer said that discipline is covered in a couple of other places and that it may not even be addressed in the organizational part of the chart and would be inherent through the Chief, but he would look into it. Also under Section C, Administrative Services, Barnhill asked if the Captain of Administrative Services was the same as the Commander. Widmer said they were the same and they did try to clean those up and must have missed one. Also under the Chief's Administrative Secretary, the second bulleted item has some confusion. Widmer thought that submits should be omitted from that bullet. Motion carried, 4/0, Larson absent. PCRB December 13, 2005 Page 2 OLD BUSINESS None. NEW BUSINESS None. PUBLIC DISCUSSION John Kirby had some questions regarding the Boards existence. The sunset clause was explained to him and also how the Board now has a 2 -year review by the City Council. He also had questions as to what the consent calendar is and what type of information it pertains to. BOARD INFORMATION None. STAFF INFORMATION Tuttle had a late handout of some information she provided to the City of Davis Human Relations Commission in Davis. California. EXECUTIVE SESSION Not needed. MEETING SCHEDULE • January 10, 2006, 7:00 P.M., Lobby Conference Room • February 14, 2006, 7:00 P.M., Lobby Conference Room • March 14, 2006, 7:00 P.M., Lobby Conference Room • April 11, 2006, 7:00 P.M., Lobby Conference Room ADJOURNMENT Motion for adjournment by Horton and seconded by Barnhill. Motion carried, 4/0, Larson absent. Meeting adjourned at 7:17. O CC O O CG O 9z Wy 4 V FN o 1 41 v. 41 V FN o SER 01.1 REPORT REVIEW Date of Issue General Order Number NOVEMBER 20 2001 90 -02 Effective Date Section Code DECEMBER 20 2005 SER -01 Reevaluation Date Amends / Cancels O NOVEMBER 2008 JUNE 25, 1990 ISSUE - CD - C.A.L. E.A. Reference 82.2.1 INDEX AS: Report Review Report Process Reports Required Evaluations W I. PURPOSE The purpose of this order is to provide an orderly system for the preparation and audit of official reports; to identify and correct inadequacies; and, to cause improvement in the quality, accuracy and timeliness of reporting. This order defines the procedures, authorities and responsibilities involved in the preparation, processing and review of official reports in the Iowa City Police Department. II. POLICY It is the policy of the Iowa City Police Department to achieve and maintain a high level of quality in documenting the circumstances and actions involved in official police activities. This objective is essential to the validity of police records; the support of criminal prosecution; and, the effectiveness of investigative analysis and evaluative efforts. This policy applies to all official reports regardless of report format or origin. While the majority of reports result from sworn officer action, the involvement of Community Service Officers, Emergency Communications Operators and other members in the reporting process is within the purview of this order. i SER 01.2 III. DEFINITIONS Report Review Officer - One of the duties assigned to the Sergeant of Planning and Research. For the purpose of this order report refers to; report forms provided by the Department, traffic citations, charges, State Accident and Implied Consent forms, supplemental reports, and other reporting formats as determined bathe ONO of Police or Designee. This includes the use of electronic forms ap wed lsy the Chief of Police. IV. PROCEDURES t .. A report review function has been established in the Iowa City Police D�FpartmEp for the purpose of providing a central review and audit of official reports. The capture of data from reports for officer performance evaluation would tend to encourage individual interest in report quality improvement. The report review function is therefore redefined to incorporate responsibilities related to these systems and processes. A major objective of the report review process is to promote uniformity in preparation, supervisory review, correction, evaluation and timely processing of reports among the different organizational components. While uniformity tends to equalize factors such as error correction and performance weighting, it is not intended to reduce the authority or flexibility of first line supervisors in their review and assessment of reports; or, their actions to provide training to eliminate inconsistencies. It is stressed that report review is a joint responsibility of all personnel involved in the reporting sequence, from initiating officer to supervisor, review officer and command staff. Review, correction, evaluation and training necessary to report quality should be conducted at every level and not considered a task solely for Records Section report review. 1) Reporting Officers a) To the extent possible officers are delegated the authority and responsibility for determining the nature and extent of police action necessary in each assigned activity. b) Officers shall complete reports for all classifications of calls as determined by the Report Review Officer, as directed by Departmental orders, as determined by a watch supervisor, or for incidents which a responding officer determines documentation is appropriate. Reports shall be concise, legible, and timely. c) Reports shall be completed on forms designated by the Report Review Officer or as designated in Departmental Orders. Report forms shall be completed to the extent possible and include mandatory fields and other relevant information. SER 01.3 d) For all incidents requiring a report, the assigned officer shall submit to the Records Section, documentation detailing the circumstances associated with the incident, by the end of the officer's tour of duty. If the incident is one in which an incident report is not required, i.e. PAULA, a copy of the charge will serve as documentation. Incidents which require an incident or accident report, shall be completed at least to the extent that any supervisor can identify; the type of incident, date, time, location, victim and suspect. The assigned officer shall indicate on the submitted documentation that the incident is under investigation. For incidents under investigation by the initial reporting officer, the officer shall complete the report as soon as practical. All reports shall be completed within 30 calendar days. Reports of investigations extending beyond 30 days require the approval of the Watch Commander on which the original incident occurred. Officers shall file an update report on all cases that extend beyond 30 days at intervals not exceeding 10 days. The Watch or Section Commander may waive the mandatory update reports by submitting in writing, notice to the Report Review Officer that the update reports have been waived. Where applicable, the person waiving the update report should include an anticipated date of completion. e) For incidents requiring follow-up investigation by the reporting or other officer, the originating officer shall complete required reports to the extent possible and submit a copy to the on duty watch commander. When an officer requests follow-up by another officer, the originating officer shall complete a follow up request sheet and attach it to a copy of the original report. The follow up request will be submitted to an on duty watch commander. ;"'....:0 - c.... f) Copies of all charges shall be submitted prior to the end of the o~er's watch. Traffic Citations shall be submitted as determined by the Re~ Rffinew_ Officer. All other charges shall be submitted to a watch supervis~fj for re~jBw. Tl Officers shall submit a copy of all non-traffic charges to tneCECG'"" for:_- docketing. (this includes juvenile charges) c. , ~ .0 C)C" '..J --/"- N 2) Watch Supervisors ~ 0 a) Watch supervisors have the primary authority and responsibility to revievrand determine adequacy of subordinate reporting; to require correction or addition to reports when necessary; to delay report submission where justified; or require the completion of any report prior to the end of the reporting officers watch. b) Watch supervisors are responsible for timely report completion and submission, and for conducting or recommending personnel training required for improvement in reporting quality. SER 01.4 c) A watch supervisor may withhold a report for cause. The supervisor holding the report shall submit in writing the reason for holding the report. I.e. incomplete, incorrect or illegible. 3) Report Review Officer a) The Report Review Officer is a function of the Sergeant of Planning and Research. The Report Review Officer is delegated the authority and responsibility to act on behalf of the Chief of Police in conducting a review of all police reports. b) The Report Review Officer is authorized to conduct detailed review of all police reports; to return unacceptable reports for correction; to monitor the status of the reporting process and recommend such action or training as required for improvement. The Report Review Officer shall maintain a record of all returned reports along with their final disposition. c) The Report Review Officer is responsible for timely processing of reports, coordination with supervisors and Department Staff on questions and improvement action; maintenance of such records and analytical data as required to support the review and related systems. 4) Report Review Procedures a) All reports will be assigned a number and be forwarded to a watch sup~isor prior to the end of the watch during which the report was or~ated~Any delay in submission shall be approved by the respective wat<;1i ~pefJIjsor, and a copy indicating the case is under investigation shall be'sgbmitted tOTi Records. c.., .i- ; :"'-\"1 >1:-0;1 b) Watch supervisors shall review reports for completeness, ~s;Crrrac:Y":anc[J adequacy; and shall require necessary corrections or additions. -:If; /. r:Y )> C> .r. c) The Report Review Officer or designee shall review submitted reports and ensure that all incidents requiring reports have been accounted for. Incident reports will be coordinated with the supervisor, Investigative Section, to determine feasibility of further investigative action. Copies of selected reports will be forwarded to investigations for action. d) The Report Review Officer or designee will examine each report to determine the adequacy of the report. Where correction or additional information is needed, the report will be returned to the responsible Watch Commander with a Revision Request form attached, specifying the nature of error, omission or clarification and a due date for return. The Watch Commander shall cause any correction to be made by the reporting officer. I. Reports returned for clarification, correction or completion shall be completed and resubmitted within 10 working days. Reports requiring an extension shall be approved in writing by the Watch Commander of SER 01.5 the officer involved. Such extension shall indicate the reason, i.e. officer unavailable, along with an anticipated date of completion. e) The Report Review Officer will ensure entries are logged and traffic citations entered into the traffic records system. f) The Report Review Officer shall forward relevant reports to affected divisions or watches. He/she shall forward reports or classifications of reports to the Investigative Section as requested by the Investigations supervisor. g) Upon final review by the Report Review Officer, reports shall be forwarded to the Records section for processing and filing. Samuel Hargadine, 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 creatioh 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 d~partmental administrative sanctions. ~, 0 c::;:) C,::'.l :> C~ C', '--- -c- .' 1"-,. - e ,. - - .~., -_..~ l i I r "r-' " i ! ... =r:: ,,-~,' .--;: 1'0 )> = .. SER-06.1 EVIDENCE AND PROPERTY HANDLING PROCEDURES Date of Issue November 14, 2000 General Order Number 00-10 Effective Date December 20, 2005 Section Code SER-06 Reevaluation Date November 2007 Amends / Cancels CAL.E.A. Reference 84.1.1,84.1.2,84.1.3,84.1.4,84.1.5,84.1.6,84.1.7 INDEX AS: Search Vehicle Impounds Seizure I. PURPOSE The purpose of this order is to establish and explain procedures pertaining to evidence and property control. This will help ensure that evidence is maintained in such a fashion as to be of value in any legal proceedings and to aid in the return of property to its rightful owner. II. POLICY It is the policy of the Iowa City Police Department to maintain an inventory system for property taken into custody by its employees. The Department will comply with all applicable state and federal requirements for seized and forfeited property. 0 E~ <..-.. en . ' r'". --.- ,." ~"I r"', .. '-" Ii I .r:- -0 ---1"'\ I, C_) -<;: <--.. )> , ,j N C) .c- SER-06.2 III. DEFINITIONS EVIDENCE~ Any property, regardless of its nature, that is taken by the department as part of an investigation and which may be used for the purposes of the investigation or in legal proceedings. FORFEITABLE PROPERTY~ Any of the following: A. Property which is illegally possessed. B. Property which has been used or is intended to facilitate the commission of a criminal offense or to avoid detection or apprehension of a person committing a criminal offense. C. Property which is acquired as or from the proceeds of a criminal activity. D. Property offered or given to another as an inducement for the commission of a criminal offense. FOUND PROPERTY: Any property, regardless of its nature, that has been found by any person and is being held for safekeeping until the owner can be identified. RECOVERED PROPERTY: Any property that has been identified as having been stolen (may also be classified as evidence). SEIZABLE PROPERTY: Any of the following: A. Property which is relevant in a criminal prosecution or investigation. B. Property defined by law to be forfeitable. C. Property which if not seized by the state, poses an imminent danger ~?; to a person's health, safety or welfare. ~ ~. g; ~-- l.' c.. j; __c: ..1-"'" Per Iowa Code Chapter 809 809.1 Definitions ~) ::.] :-<.., 1. "Seizable property" means any of the following: _ ~ a. Property which is relevant in a criminal prosecution or ;2 /'. N investigation. ~ b. Property defined by law to be forfeitable property. c. Property which if not seized by the state poses an imminent danger to a person's health, safety, or welfare. 2. "Seized property" means property taken or held by any law enforcement agency without the consent of the person, if any, who had possession or a right to possession of the property at the time it was taken into custody. Seized property does not include property taken into custody solely for safekeeping purposes or property taken into custody with the consent of the owner or the person who had possession at the time of the taking. If consent to the taking of property was given by the person in possession of the property and later withdrawn or found to be insufficient, the property 11 , ..,... Tl -, .,--j D IV. SER-06.3 shall then be retu med or the property shall be deemed seized as of the time of the demand and refusal. 3. The definitions contained in subsections 1 and 2 shall not apply to violations of chapter 321. 809.2 Notice of seizure. The officer taking possession of seized property shall make a written inventory of the property and deliver a copy of the inventory to the person from whom it was seized. The inventory shall include the name of the person taking custody of the seized property, the date and time of the seizure, and the law enforcement agency seizing the property. SEIZED PROPERTY: Property taken or held by any law enforcement agency without the consent of the person who had possession or a right to possess the property at the time it was taken into custody. CHAIN OF EVIDENCE: The continuity of the custody of physical evidence, from the time of original collection to final disposition, that may be introduced in a judicial proceeding. IMPOUNDING OFFICER: The member of this agency who initially receives the property and initiates the chain of custody. PROPERTY CUSTODIAN: Agency member accountable for controlling and maintaining all property accepted by or stored in the Department's property room. PHYSICAL EVIDENCE: Any substance or material found or recQllered inJ connection with a criminal investigation. 9 iti =~; ~-~~; ~;-; PROPERTY ROOM: Facilities used by this department to storel3lld ;i' secure evidence or property. .s=- -n ~ <, r" _._._l"~- u PROCEDURES ~;~ ~ Property held by the Iowa City Police Department will be re~ated @d controlled by an organized management system. The Department's property control function is under the direction of the Commander of Administrative Services. A Property Custodian manages the daily operations of the system. The Commander of Administrative Services is authorized to perform daily operation functions in the absence of the Property Custodian. Tl --, '-",j All property under the control of the Iowa City Police Department will be handled in a manner consistent with the property control guidelines manual. SER-06.4 A. Intake of Recovered and Seized Property 1. Utilizing proper evidence gathering, packaging and labeling techniques, all items submitted as recovered or seized property will be documented on the "Property Control Inventory". Blood kits are the exception as they contain their own control inventory documentation. This documentation will be completed prior to the end of the submitting officer's watch. 2. The submission and documentation of seized or recovered property will be referred to in the incident report. ,~, 3. The submitted items will be accompanied by the original ott}1e ~c:-; "Property Control Inventory" and secured in one of the follQ~~ ;~ ways: . .,L, a) tumed directly over to the Property Custodian, _",'."../-'- b) placed in the evidence submission lockers, secured and:1:jJe ke~ deposited in the designated secured box, -'''; ,:" ~;, c) placed secured in the Records Sgt.'s office by a super0'~dr; orr;,> d) as directed by the Property Custodian or Commander (jj> '2 Administrative Services. - e) in cases of c) or d), the original documentation will be left with the property and a copy will be directed towards the Property Custodian advising them of the recovery/seizure and location where it was stored. 4. At no time will property be left unsecured or stored in personal areas, nor will it be converted for personal use. 5. If evidence is collected which requires processing, the on duty Watch Supervisor should assign an on-duty CST to process the evidence. Upon completion of processing, the CST shall submit the item and evidence to the property custodian in the prescribed manner. If there is no crime scene technician (CST) available or the procedure is one which requires techniques not available through the Iowa City Police Department, the evidence shall be submitted along with the evidence form to the property custodian, or deposited in a securable locker outside the property room. 6. If the evidence is to be sent to the Lab (for any reason), it will be the officer's responsibility to fill out the lab request sheet and submit it to the Property Custodian with the evidence. 7. All items taken due to search, arrest or for safekeeping are required to have receipts issued to the person it is taken from. This is most efficiently handled with the "Property Control Inventory" form. 8. No hazardous substance shall be brought into the police department. 9. All drugs must be weighed on a designated scale and/or counted prior to securing them in the evidence locker. 1 O. Weapons shall be secured to the extent possible prior to their submission to the Property Custodian. Il ~'J --~ ,j SER-06.5 11. Undeveloped film and digitally recorded images shall be submitted along with the corresponding CST sheet to the property custodian. 12.lf a vehicle is impounded because it is evidentiary in nature, a property sheet shall be filled out in addition to the vehicle impound report. 13.lf an item demands freezing or refrigeration, the item may be packaged and turned directly over to the Property Custodian. If it is not possible to directly turn the item over to the property custodian, it may be sealed (in such a manner so as to detect tampering) and placed into the police department evidence refrigerator. The on- duty supervisor shall be notified and notification passed on watch to watch until the property custodian takes possession. B. Intake of Found Property 1. All items (value over $5.00) found by or turned into Department personnel will be recorded on a "Property Control Inventory" Sheet. The receiving person shall complete a property sheet for unclaimed property prior to the end of their watch. There may be times that an incident report is required to document circumstances involving found property. 2. An attempt to contact the identifiable owner will be made and documented on the front of the property sheet or in the report. ('>,,) Property illegal to possess is excluded from this notificati0'\) ~; 3. If no owner is identified, or the owner does not immediate}Y: n v,' respond, the item will be submitted to the Property Custodianun$'t the following procedure: C) - " . .s:- a) attach the Inventory sheet & report; (;, b) place in evidence locker; r, ..' ~ '--'..:" c) after hours, larger items may be placed in the Record~gt's. r:y office by a supervisor. )> ~ d) Bicycles (see specific section) will be placed at the designated secure area 4. Keys are the exception to the above rules. Keys will be placed in the box located by the "Records" window. However, keys will be documented by entering them as a call for service with a brief description. If they are claimed by an owner, a subsequent call for service will be used to document the retrieval. 5. Items valued under $5, such as hats, gloves, coffee cups, and obvious junk should not be received into the found property system. Misplaced/lost items of this type should go to the information desk or be discarded. No found or recovered items may be converted to personal use. 6. In the event the citizen who turns property over to the Police Department expresses an interest in claiming the property should no owner be found, the request will be noted and they will be referred to the Johnson County Attorney. The "receipt" copy of the I] -n . , .' SER-06.6 property control form should be given to them as their record. Rules for this type of claim are covered in Chapter 556F of the Code of Iowa. Bicycles Because of the large number of found and recovered bicycles which come in to the possession of the Iowa City Police Department, the following procedures shall be adhered to. 1. Upon receipt of a bicycle, the departmental member shall fill out an incident report in lieu of the departmental property form, paying particular attention to the bicycle section of the report. If a serial number or other designated information is not available, the person taking custody of the bicycle will note this in addition to leaving this section blank. In incidents where the bicycle was involved in a motor vehicle accident, an accident report may be substituted for an incident report. 2. The bicycle shall then be transported to the departments secured bike storage area. A tag shall then be attached to the bicycle with the case number, date and name or number of the impounding officer written on the tag. The number on the tag shall then be recorded on the incident or accident report. 3. In incidents where the bike is evidentiary in nature, the.. pers~ taking custody shall note this on the incident/accident rer5&i\1 .?nd~a property sheet filled out and submitted to the property cus.t()cii~n. '}l. photocopy of the property sheet shall be submitted with the:oineideT,lt or accident report. . ".. .c- ~~ , . . I HAZARDOUS SUBSTANCES 8'c. ...--/.... ~ -0 :::.: ;-~rl f'0 --, \..j o A. Biological Hazards .c- When collecting evidence which is biological in nature, officers should remain mindful of the potential hazards which may be present. When dealing with this type of evidence officers shall follow the applicable precautions and/or procedures pertaining to blood borne pathogens. When submitting items, which may be contaminated with a biohazard, officers shall observe the following procedures. Property which posses a potential biohazard but is not evidentiary shall be disposed of in an approved manner, with documentation of the property and the manner in which it was disposed of. A property sheet shall be submitted to the property custodian along with an incident report regarding the circumstances under which the property was obtained and the manner in which the property was disposed of. 1. Materials which have been contaminated, should not be submitted or stored in plastic containers but packaged so as not to degrade or contaminate other items. 2. All items which may be contaminated shall clearly indicate such on their package. It should also be noted on the incident report. SER-06.7 3. When placed in temporary storage, the compartment containing the object should be clearly marked as containing a potential hazard. 4. Officers shall follow departmental decontamination procedures upon exposure to biohazards. 5. The property custodian will secure the contaminated object in such a manner as to maintain the evidentiary value of the item. 6. Officers unsure as to the procedure for handling the contaminated item shall contact a CST or the watch supervisor. 7. Perishable food items should be photographed and documented and returned to the owner or properly disposed of. B. Hazardous Materials Upon the collection of items that are hazardous in nature such as chemicals, flammable liquids or explosives, the items should be photographed and stored in designated areas or arrangements made for immediate transport to a designated lab. These items shall have a photocopy of the property sheet attached to them, with the originals being submitted to the property custodian along with a copy of the incident report indicating the type and amount (estimated if necessary) of the hazardous material along with its location. At no time shall these items be taken to the Police Department. Officers should limit the collection of these types of items to evidence or contraband. Befo~, taking control of these types of items for other reasons, tQj watGh: - ,~, supervisor should be contacted for guidance. ~::: C) L >-...- .4:.::: 11 Fireworks shall be disposed of in accordance with depgftment# guidelines. " --0 'n ~ '~J ;J C. Property Management :::::: N Inspections )> ~ Only the Commander of Administrative Services, Property Custodian and the Commander of Field Operations will have access and control of the secured property control areas. The Property Custodian will have primary responsibilities for the day-to-day operations of the property areas. On a monthly basis the Property Custodian will submit to the Lieutenant of Investigations a report listing all of the property under the control of the Iowa City Police Department. It will identify those items which have come under control within the last month and will also contain a list of all items which have been released from the property control area and all items which had been disposed of along with the method of their disposal. At least bi-annually the Commander of Administrative Services or designee shall conduct an inspection to confirm adherence to SER-06.8 procedures used for property control. This inspection will, further ensure that the property areas are being maintained in a clean and orderly fashion, that property is being protected from damage or deterioration, and that proper accountability procedures are being maintained. This inspection shall also consist of verifying the property of at least five (5) separate incidents and accompanying documentation. The Chief of Police or designee will conduct unannounced inspections of the property storage areas at least once a year. These inspections will be done by persons not directly responsible for property control functions. These inspections will consist of the checking of the actual property of at least ten (10) separate selected incidents and all accompanying documentation. The Lieutenant of Criminal Investigations will conduct an annual inventory of property held by the Iowa City Police Department. This inventory is to ensure the integrity of the system and does not require an accounting for each item of property. This inspection will at a minimum, consist of verifying the actual property of a significant representative sampling (10% is recommended) of separately selected incidents and all accompanying documentation. This inspection should also ensure that the integrity of the property area is being maintained pertaining to security and the condition of the property being held by the department. This inventory shall include a list of all prop~.y y Whiph..c.~ IS under the control of the Iowa City Police Department, all o;~ Items which have come under the control of the Iowa City Police D1:ipactm~!;a within the past year and all of the items that had been r~ased pr disposed of by the Iowa City Police Department along with ttu~.:methOd of their disposal. :n: [.' ::0. c..J ::~'~.' ~""" N In the event that a piece of property cannot be account~ for, ,!ge Property Custodian shall notify the Commander of Field Operatioffi>, who shall assign a Lieutenant to work with the Property Custodian to clarify the status of the property. If the status can not be resolved, the Commander of Field Operations shall initiate an internal investigation relating to the property in question. The results of this investigation shall be forwarded to the Chief of Police and the Commander of Administrative Services. Upon completion of the investigation, the status of the property shall be entered in the case file. -~ i I r---- Ti -~-1 '-,-./ Upon the appointment of a new property custodian, an inventory of the property in control of the Iowa City Police Department shall be conducted to ensure the integrity of the property and that records are complete. The inventory shall be conducted by the outgoing property custodian, the newly appointed property custodian and a supervisor SER-06.9 designated by the Chief of Police or his/her designee. All high-risk items such as money, precious metals, jewelry, firearms, and drugs and a sufficient number of other records will be reviewed to ensure the integrity of the system. Any discrepancies should be recorded prior to the newly appointed property custodian assuming responsibility. Discrepancies shall be handled in the manner mentioned above. A written report documenting the change of custodian inventory shall include a listing of all property in control of the Iowa City Police Department upon the departure of the outgoing property custodian. All property control inspection reports shall be submitted to the Chief of Police with copies going to the Commander of Administrative Services, Commander of Field Operations, Lieutenant of Investigations, and officer in charge of accreditation. Submission of Evidence to Labs When possible, evidence should be submitted to the appropriate laboratory within five working days of collection. Officers who have evidence needing to be sent to an outside agency shall complete the required property sheet making sure the chain of custody section has been filled out. The officer shall also fill out a DCI lab request form, indicating the test desired. The property custodian shall package the evidence for shipment to outside labs and fill out the chain of custody information on the property sheet. The property custodian shall maintain the records pertaining to the shipment, receipt, and return of evidence to the Iowa City Police Department. Blood kits shall be sealed per the instructions and submitted to the property custodian along with the evidence sheet. The property custodian will package the kit for submittal, following the above mentioned procedures. The results of the test shall be returned to the Property Custodian, with the original being submitted to records and copies going to the or~inating, officer. 9 if: ,".,=-",...-) ~:;; 2-~. Transfer of Evidence Whenever evidence is transferred from the property roJ;m, t~ following procedures shall be adhered to:. _ I' , c; 1. In instances where the evidence needs to be removect:Jikill tne property room, the property custodian shall document t~ chan'(fe of custody on the chain of custody section of the property forWi. The receiving person shall sign upon receipt of the evidence and note the date and time of the change of custody along with the reason for the transfer of the property. 2. The member receiving the evidence assumes control and responsibility for ensuring its security, storage and maintenance. 3. Upon return of the evidence, the returning party shall fill out the chain of custody section and the property custodian will sign upon =1J ;"-r-} ~"-l. " , ...._,... SER-06.10 receiving and confirming the evidence being returned. The date and time will be included on the change of custody section. 4. When property is needed for legal proceedings, the person receiving the notice of the request should notify the property custodian of the date on which the property will be needed. In any event, the property custodian should be notified no less than 2 days prior to the date on which the property will be needed. 5. When evidence is removed from the property room for processing by the Iowa City Police Department. the aforementioned procedures shall be adhered to. 6. When evidence is transported or shipped to an outside ~ency fs;!r testing, the property custodian will document the ~Pge ~f custody, including the destination, date of shipment, r}lahher :"o.f shipment, return of service for the shipment and retlJff,1-of tile evidence being processed. r- - D. Disposition of Property (Iowa Code Chapters 80.39, 809.~2 >< 1') The Iowa City Police Department will attempt to return pro~y to @ rightful owner. In the case of found or recovered property, tl1e property custodian will take the statutory steps to contact rightful owners. When an item is claimed, the receiving party shall sign a receipt acknowledging the receipt of the property. When unable to contact the person(s) who may legally claim the property, the property custodian shall take appropriate steps to locate and notify a legal claimant. In instances where the rightful owner does not respond within the prescribed time, the property will be sold at public auction or otherwise disposed of as allowed by law. In instances where contraband has been seized and is not required for evidence and is not subject to return to the party from whom the property was seized, the initiating officer may dispose of the property after providing a receipt to the person in possession of the property. Unless disposed of by the officer, the officer shall submit the property to the property custodian, with a follow up sheet attached, requesting the property custodian dispose of the property. In instances where the property has been seized and destroyed, the incident report shall be completed by the disposing officer and state the circumstances surrounding the incident and the manner in which the property was disposed. Drugs, whether seized as contraband or taken as evidence, shall be disposed of in the manner approved by the Johnson County Attorney. Officers shall turn all confiscated drugs or narcotics over to the property custodian regardless of whether the subject from whom they were seized is charged or not. Drugs and/or narcotics shall not be -1l -'J -.,~'.1 I I .---1 ",-,.1 SER-06.11 disposed of in any manner other than that prescribed by the Iowa City Police Department. Evidence shall be disposed of upon notification from the clerk of court that the case has been resolved, and the appeal process has expired or been exhausted. The property should be returned to the rightful owner within 180 days. If the rightful owner is unknown, or fails to recover the property within 90 days after notice, the property custodian shall dispose of the property consistent with departmental guidelines. Samuel E. Hargadine, Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of a higher legal standard of safety or care in an evidentiary sense with respect to third-party claims. Violations of this directive will only form the basis for departmental administrative sanctions. ....., r::. C:.:' r:J.... o ;~~) - ---J ~, I r- -il , , ='" , " . , ~-~) -. .,~;: /.. }; 1'.) = ..,.. ADM-08.1 POLICE MEDIA RELATIONS I PUBLIC INFORMATION --') I I ~~~ . ~:~ t :::.1.>. -T1 Date of Issue NOVEMBER 20, 2001 General Order Number 01-07 Effective Date December 20, 2005 Section Code ADM-08 Reevaluation Date NOVEMBER 2007 Amends / Cancels Q ~.:>- ,....--, ':-; ~~ ~/ I CAL.E.A. 54.1.1,51.1.2 I Reference " I" T1 . :~::-~; " ~ :"~: ......-./ INDEX AS: N D -""" I. PURPOSE It is the purpose of this policy to establish guidelines for release and dissemination of public information to print and broadcast media. II. POLICY It is the policy of the Iowa City Police Department to cooperate fully and impartially with authorized news media representatives in their efforts to gather factual, public information pertaining to activities of the department, as long as such information gathering does not unduly interfere with departmental operations, ongoing investigations, infringe upon individual rights or violate the law. ADM-08.2 III. DEFINITIONS Public Information: Information that may be of interest to the general public regarding policy, procedures or events involving the department or other newsworthy information that is not legally protected, does not unduly interfere with the mission of the department, ongoing investigations, infringe upon the rights of an individual or compromise the legitimate safety and/or privacy interests of officers, victims, witnesses or others. News Media Representatives: Those individuals who are directly employed by agencies of the electronic or print media such as radio, television and newspapers. Freelance workers in this field are to be regarded as other members of the general public unless otherwise designated by the Chief of Police or his/her designee. Public Information Officer (Pia): The department's Pia serves as a central source of information for release by the department and responds to-reque~t~ for information by the news media and the community. S2. ~ ~r~ :~_: Sc....J ~_ .- - --- -'-I PROCEDURES r)'< _;c _-'--~ Duties of the Public Information Officer :1 ( . r- The department's Pia is available to: . rl; =":.~! i) Be present at the scene of major incidents; ~'.~ ;;.~ ;::,;. ,J (1) at the scene of major incidents the officer iriJ;charg\'.b may designate an area for media to respond and a response"Toute. The Pia will respond to this area and provide information and updates to the media as available. ii) assist the news media; iii) prepare and distribute media releases; (1) when the Pia is unavailable, media releases will by provided by the on-duty watch commander or supervisor of the unit in charge of the incident. All media releases will identify the person issuing the release. iv) arrange for, and assist at, news conferences; v) coordinate and authorize the release of information about victims, witnesses and suspects; vi) assist in crisis situations within the agency and coordinate the release of authorized information concerning confidential agency investigations and operations. vii) The Public Information Officer will provide a single authoritative source for media contacts between 07:00 and 15:00 Monday through Friday. (1) When the Pia is not on-duty, the Watch Commander will handle media requests. In the event of an incident generating significant numbers of media inquiries, the Watch Commander will determine the need for the Pia to respond. (2) Questions regarding an investigation being handled by the investigative section will be handled by the Investigative Supervisor in the absence of the Pia. In instances where the IV. A. ADM-08.3 Investigative Supervisor is unavailable, the request will be handled by the on-duty watch supervisor. (3) In the event of a prolonged SRT deployment, the SRT commander may request that the PIO respond to a designated location or he/she will designate a person to serve as liaison with the media. The SRT commander may also designate routes by which members of the media should approach the area. b) Cooperation with the Media i) Authorized news media representatives shall have reasonable access to the PIO, the Chief of Police or his/her designee and Command Staff of the department as governed by this policy. When information is denied to a media representative, the basis for that denial shall be fully and courteously explained. ii) This department recognizes authorized identification from all local, national and international news organizations. Failure of media personnel to present authorized identification may provide grounds for restricting access to non-public information or to incident scenes. iii) Public information shall be released to the news media and public as promptly as circumstances allow, in as objective a manner as possible. iv) Public information may be provided to news media representatives and the public by telephone. v) Ranking officers at crime or incident scenes may release information "" of a factual nature to the media as governed by this poliq:pr ref~ethe inquiry to the PIO. Where the officer is unsure of the::{flj::\s cl[the "-,.-.- -.-.- -.- propriety of releasing information, he/she shall refer the ttlCjtJiry ili:the-n watch commander or PIO. 'c'r. 1- .== vi) When an operation involves multiple agencies the agencYwlth primary'!"'] jurisdiction will make determinations regarding approp~~e m:edia.=:; releases. The Iowa City Police Department will provid€ir'iforn'tl1tion consistent with this policy when it is the agency \lilIth p~ary jurisdiction. The information should include the identification of assisting agencies. vii) The Emergency Communication Operator shall inform the watch commander as soon as possible upon receipt of information about events or activities that may be of media interest. viii)The watch commander shall be responsible for ensuring that the agency's PIO, Commander of Field Operations and Chief of Police are informed of eVents that may be of media interest. ix) Members of the Iowa City Police Department will be consistent in releasing information to the media for public dissemination. A decision to not release normally provided information shall not be solely based on the personal prominence of those involved. Conversely, information that is not routinely distributed shall not be put forth solely as a result of the personal prominence of an involved party. c) Non-investigative contact with the media is allowed and encouraged. Officers may provide information of a general nature which is not specific to an on- going investigation. ADM-08.4 d) Investigative Information From the initial stage of a criminal investigation until the completion of trial or disposition without trial, police personnel should refer requests for information to the Public Information Officer or his/her designee. Upon receipt of the request for information the following guidelines shall be adhered to: Information that may be released in connection with an investigation of an event or crime includes but is not limited to; (1) the type or nature of an event or crime; ,._, (2) the location, date and time, injuries sustained, dall@es, a~ a general description of how the incident occurred; ;E 0 '- (3) type and quantity of property taken;"'" . --'il (4) information about the victim of a crime; n.i:- (5) requests for aid in locating evidence, a complainani-{)~',9 --0 ,~J suspect; : "C. =;, ::.;: ',j (6) numbers of officers or people involved in an event Qf: /" N investigation, and the length of the investigation; aner ~ (7) name of the officer in charge of a case, his supervisor and assignment. (exception: the name of any undercover officer will not be released). (8) In instances where the disclosure of the above information may jeopardize an investigation, pose a danger to any person, or is reasonably likely to result in further victimization, the information will not be released ii) Information that may not be released in connection with an INVESTIGATION of an event or crime, unless authorized by the Chief of Police or his/her designee includes but is not limited to; (1) the identity of a suspect prior to arrest unless such information would aid in apprehending the suspect or serve to wam the public of potential danger; (2) the identity of any victim of a crime or any related information which, if divulged, could lead to the identification of victims or witnesses, if such disclosure would jeopardize an investigation to any significant degree, or if it would place any person in personal danger; (3) the identity of any critically injured or deceased person prior to notification of the next of kin; if a next of kin is not reasonably able to be located, the supervisor of the section conducting the investigation shall determine the method of release of this information; (4) the results of any investigative procedure such as lineups, polygraph tests, fingerprint comparison, ballistics test or other procedures (the fact that these tests have been performed may be revealed without further comment); (5) information which, if prematurely released may jeopardize the investigation or interfere with apprehension such as; the nature of leads, specifics of an "MO", details of the crime known only to ADM-OS.S the perpetrator and the police, or information that may cause the suspect to flee or more effectively avoid apprehension; (6) information that may be of evidentiary value in criminal proceedings; (7) specific cause of death unless officially determined by the medical examiner; and (8) the home address or telephone number of any member of the department. iii) Arrest Information (1) Following arrest, issuance of an arrest warrant or filing of an information or indictment, it is permissible to release (a) the accused's name, age, residence, occupation and family status; (b) the time and place of arrest, whether pursuit or resistance was encountered, whether weapons were used, charges placed against the suspect and description of contraband seized; (c) the identity of the arresting officers and the duration of the investigation unless the officers are engaged in undercover operations; and (d) the amount of bond, scheduled court dates and place of the suspect's detention. - :?? (2) Following arrest and formal charqinq of a suspect,~,1friot.to adJudication, the following types of Information shdtikbflOt be released without the express permission of the Ch~f"6f P6Jfce -n or his/her designee. ,~~: r ....J (a) Character or reputation of a defendant .. rl'::? J , (b) Existence or contents of any confession, adr!lisi;iorDir ".--' statement of a defendant, or his/her failurejjr ~ unwillingness to make a statement (this does not U1 preclude the release of information that is in the public domain) (c) Performance or results of any tests, or a defendants refusal or failure to submit to tests. (I.e. polygraph or voice stress analyzer) (d) Identity, statement or expected testimony of any witness (e) Any opinion about the guilt or innocence of a defendant or the merits of the case (f) Any opinion or knowledge of potential for a plea bargain or other pretrial action. b) Special Considerations.. Criminal Matters i) Whether a crime scene or scene of another nature, police have an obligation to preserve the integrity of a scene to gather evidence and for other needed police activities. Therefore, police personnel will delineate the specific scene area and prevent all persons from entering that area for such length of time as there is a need to do so. It may be necessary for scene preservation purposes, and to control general access to the area, to exclude the general public from not only ADM-08.6 the scene itself, but from a reasonable area around the scene. However, officers must recognize the need for news media representatives to fulfill their obligation to view the immediate scene area for news gathering or photographing purposes. The media representatives will be accommodated, so far as conditions and circumstances permit, to go as near as practicable to the scene itself. News representatives are not to be considered the same as the general public in the area of a scene but rather as persons to be accommodated so that they may fulfill their task. ii) The news media shall not be allowed access to any area or scene of an incident or crime where there is possibility that evidence may be damaged, altered, destroyed or otherwise prejudiced by its existence being published or portrayed. Once evidence has been processed, removed or otherwise secured by the department, the media may be allowed to enter by permission of the commanding officer at the scene. (1) If a police related incident is within a private building, police personnel will secure and protect that part of the building as may be necessary to protect the scene. Under such circumstances all persons may be excluded from the scene until processing is accomplished. If a request is made by a news media representative to enter a building or part thereof, and such entry is not precluded because of police related purposes, the news representative must obtain permission from the rnNner or other person in charge of the building oQdwelling; if permission is not given and so stated in the pres~of ~Iice personnel, officers have an obligation to ensure t~'lfihe qenia[i 'J is honored. -j,", .,..'-' (2) Suspects or accused persons in custody shall nofh~lPo&ed ofi:1 _m.' _._, -,.-_ , arrangements made for photographs, telecasts (j~ ciJitelVlews\.J ..,-' /. N nor shall departmental personnel pose with ~uspects or accused persons in custody 5; (3) When an individual is charged with a criminal offense and/or is sought by law enforcement authorities, photographs or mug shots may be released to the media to help locate the individual. No departmental photographs, mug shots, videotape, film or composites of subjects in custody shall otherwise be released to the media unless authorized by the Chief of Police or his/her designee. iii) Departmental personnel shall extend every reasonable courtesy to news media representatives at crime or incident scenes. Members of the Iowa City Police Department shall not engage in "off the record" comments. iv) At the scene of major crimes or incidents, such as hostage and barricade situations, the officer in charge shall designate a preliminary press area as early as reasonably possible and as close to the scene as safety and operational requirements allow. v) The fact that a suspected suicide has occurred may be reported to the media, along with factual information describing how it happened. The ADM-08.? name, age, address, sex and occupation of the victim may also be released following notification of next of kin. The fact that a suicide note exists may also be acknowledged without further comment. The content of such notes is personal and confidential and shall not be released by the Iowa City Police Department. c) Special Considerations - Non-criminal Matters i) At the scene of significant accidents, man-made or natural catastrophes, the principles of media cooperation shall be maintained to the degree that they do not interfere with the mission of the police, fire, medical or other emergency relief workers. d) At fire related incidents, the decision to allow properly identified news media representatives to pass beyond fire lines or to restrict them from a fire area, will be the responsibility of the on-scene fire commander. e) Sensitive information relating to internal investigation of police officers shall not be released without the express permission of the Chief of Police or his/her designee. f) Daily activity reports will be made available on a routine basis to media representatives. Statistical data may also be made available to the media. Media representatives are expected to abide the Code of Ethics published by the Society of Professional Journalists. In the event of a conflict between a member of the Iowa City Police Department and the media, the parties involved are encouraged to bring the concern to the Pia or his/her designee for resolution. a) If a media representative wishes to speak with an individual officer the request should be routed through the Pia or when unavailable the watch supervisor. The watch supervisor will make the determination as to the availability of the officer; however, to the extent possible these requests should be made in advance. Officers are expected to cooperate with media representatives to the extent of this policy. b) All media questions relating to the policies of the Iowa City Police Department should be directed to the Chief of Police or his/her designee. If questions arise when the Chief or his/her designee is not available, notifkation ~ the request shall be forwarded by the watch supervisor. 5;l ~~ "':;C; L~ ) r .-:- _-!J Samuel Hargadine, Chief of P"Q~~.e c. ~:! ~~\." -,~ . , , , ,,,-' C) en This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of a higher legal standard of safety or care in an evidentiary sense with respect to third-party claims. Violations of this directive will only form the basis for departmental administrative sanctions. WARNING ~ ~__; 1 ....-' ,. , "-11 -, lOW A CITY POLICE DEPARTMENT .... I" c. ,:;q USE OF FORCE REPORT ',:! '" '.J ..J' ....~' "J" .' November 2005 , '.1"" :C0FFICER. b'kh INC# INCIDENT FORCE USED 60 110105 55401 Trespass Subject attempted to assault officer. Officer used control techniques to avoid the assault and direct the subjl'ct to the ground and place hand cuffs all them. 02/19 110405 56002/55998 Burglary Officers drevv sidearms to check a residence for a burglary suspect. Suspect was later located just outside the residence. Subject ran horn OffIcers, tnpping, and falling to tilL' ground. Officers used control techniques to place hand cufTs on the them. 09 110605 56229 Fight in Progress Officers attempted to use verbal directives to stop an assault. Subjects failed to comply and were exposed to a chemical irritant. 33 110605 56245 Public Intoxication Subject had been placed under arrest and handcuffed. Subject \V<1S ablt: to position hands in front of themsl'lvl's. Subjl'ct refused to comply with Olllcer directives to put and keep hands behind their back. Officer used hands Oil technique to position the subject's hands behind their back. 59.16 110805 56641 Fight in Progress Officers responded to a report of a fIght in progress. Upon arrival subject was observed chasing another \vith a mctal pipe. Subject W<1S given a verbal directive to put the pipe do\vn. The subject did not comply. Officer then dn:w sidearm and repeated the directive. Subject did then comply and was taken into custody \vithout incident. \Vhilc at the scene OffIcers heard gunshots and dn:w sidearms. The source of the gunshots was not located. 38 11080') 56519 Burglary Officer drew sidearm when confronting a burglary suspect. Suhject complied with verbal directives and was taken into custody without incident. 59_1 () II1J905 SMn9 Traffic Stop Officers drew sidearms and gave verbal directives to a subject who was making furtive movements on a traffic stop and kno\vn to go armed. Subject was taken into custody \vithout incident. 56.59.16 11005 56949 Drug Investigation Subject fled li'om Olllecrs during a drug investigation. Officers v./ere able to direct the subject to the ground. Subject resisted hand cuffing efrorts. Officers used hands on techniques and exposed the subject to a chemical irritant to place them in hand culTs. 81 111305 57398 Fight in Progress Officers used control techniques to prevent a subject fi'om assaulting another. 44.58 111305 57452 Shoplilier Subject \vas placed under arrest and resisted Officers searching and transportation elTorts. Officers used control techniques to complete the search and transportation. 05 ] 11305 57369 Alarm Officers drew sidearms to search a building for suspects. No one was located. 05 111305 57397 Public Intoxicatlon Subject tled from Officers after being stopped. Officers were able to direct the subject to the ground and place them in hand cuffs. 13 111505 57732 Injured Deer Officer used sidearm lo dispatch an injured deer. 56 112105 58SS1 Injured Deer Officer used sidearm to dispatch an inj ured deer. 52 l1L~05 59232 Injured Deer Officer used sidearm to dispatch an illj llred deer. 52 11/26/05 59528 In,j ured Deer Ofllcer used sidearm to dispatch all injured deer. c. <r 5 I :c" ]1/27/05 59592 I)isturbance Subject fan hom OffIcers that \vere '- investigating a disturhance. Offkers .- were able direct the subject to the I, ground. Subject then resisted hand .~ ~ . cuffing efforts. Ofllccrs exposed the -- . . subject to a chemical irritant and used , . ~._.- h<1nds on technique to place the subject ,roo' i:\ in hand cuffs. "--' 19.JO 11/29/05 59979 OWl Subject had been placed under arrest and resisted hand cuffing efforts. OtTiccrs used control techniques to place the subject in hand cufTs. 3 ] 11/30,/05 60013 Public Intoxication Subject had becn placed ulldcr arrest for public intoxication and transported to leSO. Subject refused to cxit the squad car. Officers used hands on techniques to escort the subject Ii-om the squad car and into JCSO. (~-., ,~ <:f c;, ::;~ -~ ...... Le-;. -_.- , I~.. :::=-, \.- ~ -) "'~';a'\,,, ~'~f'~1': .''t,I';'~~,.",\\,~~ k~~t.}l~;~" \1,; -''fr",'> Q <'. .J.lS :fij."'...~- ;~ "~ ~('--lY,~,' '1'-:<0',,,1 i>i L';;~J-';11 ~~ .'.......-:.....y>-,,"" '- '--p""">'~, .Y:........E:-...;'~). ~,,9m~ ~.--~1...tl tj ,,/T~'~ !~:~~ ,--,..,.,..----"'1. .~..~~~., MEMORANDUM TO: FROM: RE: DATE: File Captain Johnson, Field Operations Quarterly/Summary Report (Quarter 4)- IAIRlPCRB, 2005 January 4, 2006 Attached you will find the 2005 Quarterly Report, quarter 4, for the Iowa City Police Department Internal Affairs/Police Citizen's Review Board investigative file, cc: PCRB r:-.) "-~: C) "1> 1"..,', ,"";) 'Ii I -1-- ,..,.. , , --'"1 "__"" rv Year: 2005 IAIRlPCRB Quarterly-Summary Report- (Quarter 4) I.A.1. #:05-01 PCRB #: none Incident Date: 11-29-04 Incident Time: nla Location: Iowa City Date Assigned: 01-04-05 Reason for Allegation: 1) Violate Rules and Regulations 2) Miscellaneous violations Disposition: 1) Investigation closed I.A.I. #:05-02 PCRB #: none Incident Date:4-3-05 Incident Time: 1 :35AM Location: 3600 bldg Lakeside Mnr Date Assigned: 4-5-05 Reason for Allegation: 1) Excessive force Disposition: 1) Not Sustained IAI. #:05-03 PCRB #: 05-01 Incident Date:12-18-04 Incident Time: 1 :OOAM Location: 500 blk. S. 151 Avenue Date Assianed: NIA Reason for Allegation: 1) Excessive force Disposition: 1) Administrative rejection I.A.1. #:05-04 PCRB #: 05-02 Incident Date:4-22-05 Incident Time: 11 :25PM Location: 1200 blk Village Rd Date Assigned: 5-6-05 Reason for Allegation: 1) Improper conduct Disposition: 1) Not sustained "'~'1 ",j ..--- "., :,-' , , I ..r:- -'Tl ;0- ...., : I ;:j ~r::: ,/ )> -~ N I.A.!. #:05-05 PCRB #: none Incident Date:2-24-o5 Incident Time: 1 :20AM Location: Washington/Clinton Date Assigned: 5-6-05 Reason for Allegation: 1) Unlawful arrest 2) Excessive force Disposition: 1) Unfounded 2) Not sustained I.A.I. #:05-06 PCRB #: none Incident Date:7-30-05 Incident Time: 9:50AM Location: Various Date Assigned: 8-11-05 Reason for Allegation: 1 )Improper conduct Disposition: 1) Not sustained I.A.1. #:05-07 PCRB #: 05-03 Incident Date:8-22-05 Incident Time: 2:30PM Location: 1400 S. 1st Avenue Date Assigned: 9-29-05 Reason for Allegation: 1 )Improper conduct 2) Differential treatment Disposition: 1) Not sustained 2) Unfounded IAI. #:05-08 PCRB #: 05-04 Incident Date:10-27-o5 Incident Time: 7:30PM Location: 900 Blk Crosspark Ave Date Assianed: 11-08-05 Reason for Allegation: 1 )Improper conduct 2) Failure to exercise police authority Disposition: 1) Not sustained 2) Unfounded :-~ '-- ' I ",,-- ; i :;::0.. : I , '. j )> f'..) I.A.I. #:05-09 PCRB #: none Incident Date:11-13-05 Incident Time: 2:15AM Location: Burlington/Dubuque Date Assigned: 11-28-05 Reason for Allegation: 1 )Improper conduct Disposition: 1) Pending o .:,:- , , . I .CC' N January 10, 2006 Mtg Packet PCRB COMPLAINT DEADLINES PCRB Complaint #05-03 Filed: Chief's Report due (90days): Chief's Report filed: PCRB Report due (45days): PCRB Complaint #05-04 Filed: Chief's Report due (90days): Chief's Report filed: PCRB Report due (45days): 09/27/05 12/27/05 12/21/05 02/06/06 11/02/05 01/31/06 POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS December 2005 Date Description 12-23 Man came in with questions regarding complaint process. I. Complaint Process In an effort to assure the citizens of Iowa City that the Iowa City Police Department's performance is in keeping with community standards, the PCRB shall review investigations into complaints about alleged police misconduct to insure that such investigations are conducted in a manner which is fair, thorough and accurate. The PCRB shall achieve this by receiving, reviewing and reporting on citizen complaints in accordance with the procedural rules in Chapter 8 of the City Code, following the PCRB By-Laws, Article VIII, and the PCRB's Standard Operating Procedures and Guidelines. A. Complaints shall be filed in accordance with 8-8-3 C and 8-8-7 A of the City Code of Iowa City: 1. All documents and related materials filed with the PCRB shall not be retu rned. 2. Complaints filed in the City Clerk's Office shall be assigned a complaint number consisting of the last two digits of the present year with consecutive numbers, starting with one (1) (eg. 98-1). 3. The complaint copy sent to PCRB members shall have all references to police officer names and other identifying information deleted, although the reports of the Police Chief and City Manager shall identify the officers by number as set forth in Section V of these procedures. 4. PCRB deadlines are established by Ordinance 01-3976. 5. A copy of each complaint filed shall be provided to PCRB members in the next meeting packet. 6. Amendments to a complaint must be in written form. 7. The complainant may withdraw the complaint at any time prior to the PCRB's issuance of its report to City Council. B. Procedures for complaints subject to summary dismissal follow: 1. A complaint that appears to be untimely filed or a complaint that does not involve the conduct of an Iowa City sworn police officer shall be handled in the same manner as outlined in subsection "A" of the Complaint Process. 2. The copy of the complaint furnished to the Police Chief or City Manager, shall include a cover letter from the PCRB indicating that it appears to be an untimely complaint or a complaint that does not involve the conduct of an Iowa City sworn police officer and will be reviewed by the PCRB at its next meeting. PCRB SOP 10/04 Page 3 3. The PCRB shall determine whether additional information is necessary to assess whether the complaint should be summarily dismissed and, if additional information is necessary, the method by which such information will be obtained. The methods available include an interview of the complainant by a subcommittee of the PCRB, a request to the complainant for a written submission on the issue presented and an investigation by the PCRB, but shall not include an invitation to the complainant to address the PCRB at a public meeting or an interview of the complainant at a public meeting. 4. Upon the completion of such investigation and the PCRB's determination that additional information is not necessary, the PCRB shall, by motion in open session, vote to determine whether the complaint will be dismissed under Section 8-8-3 (E) of the Ordinance. The PCRB shall not discuss the facts or substance of the complaint at said open meeting. 5. If the PCRB dismisses the complaint, staff shall: a. Untimely Complaints: 1. Forward a copy of the decision to the Chief or City Manager including a cover letter stating that the complaint has been dismissed and that a report to the PCRB by the Chief or City Manager is not required by Chapter 8 of the Code. 2. Forward a copy of the decision to the complainant including a cover letter advising that although the complaint has been dismissed and will not be reviewed by the PCRB, there is a method for the complainant to file a complaint directly with the Iowa City Police Department 3. Forward a copy of the decision to the City Council indicating the dismissal and referring to the section of the City Code. b. Complaints not involving a sworn Iowa City police officer: 1. Forward a copy of the decision to the Chief or City Manager including a cover letter stating that the complaint has been dismissed and that a report to the PCRB by the Chief or City Manager is not required by Chapter 8 of the Code. 2. Forward a copy of the decision to the complainant including a cover letter stating why the complaint was dismissed. 3. Forward a copy of the decision to the City Council indicating the dismissal and referring to the section of the City Code. PCRB SOP 10104 Page 4 4. If the PCRB determines the complaint shall not be dismissed, it shall so advise the Police Chief or City Manager so that the investigation may continue and make the required report to the PCRB. II. Formal Mediation Guidelines and Procedures Formal mediation is the responsibility of the PCRB and is offered as a method to facilitate a successful resolution of the issues involved in a complaint. The PCRB shall accomplish this responsibility by complying with 8-8-2 H. 8-8-4 and 8-8-7 of the City Code and the PCRB Guidelines and Procedures for Formal Mediation, approved by the City Council on March 10, 1998 and made a part hereof. III. Meetings Regular meetings shall be held monthly. Special meetings may be called by the Chair as needed. The PCRB shall comply with Article V of the PCRB By-Laws and the PCRB Standard Operating Procedures and Guidelines. A. Meeting packets shall be distributed to PCRB members at least two (2) days prior to a meeting when possible. B. Place of Posting Notices and Agendas. 1. Follow requirements of Section 21.4, The Code of Iowa 2. The City of Iowa City provides the Notice Bulletin Board in the lobby of City Hall. C. Consent Calendar shall include: 1. Minutes of the last meeting(s); 2. Correspondence and/or memoranda directed to the PCRB (not complaint-related). Staff shall be given directions based on PCRB discussion as to whether staff shall respond or whether PCRB members shall respond, with copies furnished to the PCRB. D. Time for open public discussion shall be made available at all open rneetings as provided by the PCRB By-Laws, Article V, Section 6. E. Tirne for "Board Information" and "Staff Inforrnation" shall be made available at all meetings. F. Decisions made in executive session shall be ratified in open session. G. Taped minutes of open meetings shall be kept thirty (30) days from acceptance and approval of minutes. PCRB SOP 10/04 Page 5