Loading...
HomeMy WebLinkAbout02-14-2006 Police Citizens Review Board ITEM NO.1 ITEM NO.2 ITEM NO.3 ITEM NO.4 ITEM NO.5 ITEM NO.6 ITEM NO.7 ITEM NO.8 ITEM NO.9 ITEM NO. 10 AGENDA POLICE CITIZENS REVIEW BOARD February 14,2006 - 7:00 P.M. LOBBY CONFERENCE ROOM 410 E. Washington Street CALL TO ORDER and ROLL CALL CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED . Minutes of the meeting on 01/10/06 . ICPD General Order 89-02 (Department Disciplinary Philosophy) . ICPD General Order 01-01 (Racial Profiling) . ICPD Use of Force Report (December 2005) OLD BUSINESS NEW BUSINESS PUBLIC DISCUSSION BOARD INFORMATION STAFF INFORMATION 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. MEETING SCHEDULE and FUTURE AGENDAS . March 21, 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 . June 12,2006,7:00 P.M., Lobby Conference Room ADJOURNMENT MEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City DATE: TO: FROM: RE: February 10, 2006 PCRB Members Kellie Tuttle Board Packet for meeting on February 14, 2006 Enclosed please find the following documents for your review and comment at the next board meeting: . Agenda for 02/14/06 . Minutes of the meeting on 01/10/06 . ICPD General Order 89-02 (Department Disciplinary Philosophy) . ICPD General Order 01-01 (Racial Profiling) . ICPD Use of Force Report (December 2005) . PCRB Complaint Deadlines . PCRB Office Contacts - January 2005 . Extension request regarding PCRB Complaint #05-03 . Extension request regarding PCRB Complaint #05-04 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.orq DRAFT POLICE CITIZENS REVIEW BOARD MINUTES - January 10, 2006 CALL TO ORDER: Chair Greg Roth called the meeting to order at 7:05 p.m. MEMBERS PRESENT: Candy Barnhill, Elizabeth Engel, Michael Larson, Loren Horton MEMBERS ABSENT: None STAFF PRESENT: Legal Counsel Catherine Pugh and Staff Kellie Tuttle OTHERS PRESENT: Cap!. Tom Widmer of the ICPO and Public, John Kirby RECOMMENDATIONS TO COUNCIL None. CONSENT CALENDAR OLD BUSINESS NEW BUSINESS PUBLIC DISCUSSION Motion by Horton and seconded by Larson to adopt the consent calendar. . Minutes of the meeting on 12/13/05 . ICPO 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) . ICPO Quarterly/Summary Report (Qtr 4) -IAIR/PCRB, 2005 . ICPD Use of Force Report (November 2005) Motion carried, 5/0. None. Roth wanted to review the complaint process and how complaints were forwarded to the Chief and when. His main concern was if there was a step to see if the Board even had jurisdiction over the complaint before it was forwarded and initiating an investigation. After going through the code and discussing it with legal counsel, section 8-8-7 of the code says that the Board will forward all PCRB complaints to the Chief or to the City Manager when the Chief is concerned. Legal Counsel Pugh also spoke with the Sarah Holecek in the City Attorneys office and was assured that when a complaint comes in they also look at it and that the motion for summary dismissal generally comes from the Chief. Also when a complaint is filed, the Clerks office sends a cover letter along with the complaint if it appears to be untimely or not involve an Iowa City sworn police officer. Roth feels that his initial concern was answered by the City Code, Legal Counsel, and the City Attorneys office. John Kirby mentioned an article regarding a jailer in Wapello who had shot his wife and other miscellaneous incidents. He stated that he thought that the Board was a good idea because of incidents like this. Roth explained that the Board had no jurisdiction over other cities or counties. ._--~-_.-,._._._--~-_._._-'~-_.~ PCRB January 10, 2006 Page 2 BOARD INFORMATION Barnhill inquired about the number of in-car recording devices that are not working. Widmer stated that they are in the process of purchasing 5 new digital recording devices with grant money, which will eliminate a lot of the problems they were having with the video recording devices. Five of the digital are installed now and seem to be up and running well. They are planning to take some more grant money and finish outfitting the rest of the marked squad units so that all 17 units would have the new digital recording devices. They haven't had any problems with the digital, it's clearer and the technology is more up to date. Barnhill then asked if the officers had the ability to override the recording device and turn it off. Widmer said with the new digital device it is constantly recording, and when the red flashing lights are turned on the device backs up about 30 seconds and captures that image. The officers could shut the unit off, but they can not go back and erase. The information is downloaded onto cards and the cards are turned over to a supervisor and then downloaded into the system. Officers are being instructed to have a supervisor swap the cards out when they're about 90% full. Barnhill then inquired as to whether there is a standard procedure for interviewing parties after an event has occurred and are all new officers instructed in those procedures. Widmer explained that they have Standard Operating Procedures that govern the way that officers interview, however there is not a general order that spells out how to do interviews. Investigations/communications is something that is taught from day one at the academy as far as the way they're to conduct themselves during interviews. It's also something they train in constantly and there are special interview/interrogation schools that they send officers to. Different officers have different styles in the way that they conduct the interview. The procedure would only indicate this is the information we need and the manner in which they're to do that. Barnhill asked if it was up to the officer's discretion if there are two witnesses if they interview them separately or together. Widmer replied that it would be policy to never put two antagonistic people together, you would always try and separate for interviews so that you would have untainted interviews. Barnhill referred to Legal-05.1, Off Duty Conduct, under definitions, where it states "Officers should remove themselves from any involvement in such a situation and immediately contact on-duty personnel to handle." Widmer said the intent of that is so that you don't have an officer in an off-duty capacity take enforcement action. Or you don't have them get another uniformed officer there and have them do the work, they're supposed to remove themselves in such a way that the other officer then takes over and conducts that investigation. Engel asked if the off-duty officer could be on the scene. Widmer stated that there's nothing that says he can not, but he can't be involved in the investigation. Roth asked if the officer does not take enforcement action, is he acting in the capacity of a sworn police officer. Widmer said he believes the way you look at it is that --------_.._--~-- PCRB January 10, 2006 Page 3 STAFF INFORMATION EXECUTIVE SESSION REGULAR SESSION you're a sworn police officer 24 hours a day, but your actions that you're supposed to take are entirely different when you're off-duty as opposed to being on-duty. When an incident happens in the presence of an off-duty officer, they have the same rights as a normal citizen does to call an officer in and take care of it. To dictate to the officer on how it's going to be taken care of or to jump in and influence the way that investigations going you're getting into a grey area. Widmer believes it's improper, but if you stand back and let the officer properly handle it, it's the same rights as a citizen. Horton had a citizen come to him with a complaint on a police officer. His suggestions to the citizen were to file a complaint with the City Clerks office for the PCRB, go to the Police Chief and he could initiate an internal one, speak to the City Council during public discussion at one of the meetings, or go to the City Attorneys office. Pugh stated that if a person went to the City Attorneys office they would be directed to either the Clerks office or the Police Department. Widmer suggested that either one of the Captains or a Watch Commander instead of the Chief if the citizen was intimidated by speaking to the Chief. None. Motion by Horton and seconded by Engel 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, 5/0. Open session adjourned at 7:42 P.M. Returned to open session at 8:58 P.M. Motion by Engel and seconded by Horton to set the level of review for Complaint #05-03 to 8-8-7 (B)(1 )(a), On the record with no additional investigation. Motion carried, 5/0. ~,------------'---_.- PCRB January 10, 2006 Page 4 Motion by Horton and seconded by Engel to request 45-day extension for PCRB Complaint #05-03 due to timelines and scheduling. Motion carried, 5/0. Motion by Barnhill and seconded by Horton to request 30-day extension for PCRB Complaint #05-04 due to timelines and scheduling. Motion carried, 5/0. Motion by Horton and seconded by Larson to change the March 14 to March 21. Motion carried, 5/0. MEETING SCHEDULE . February 14, 2006, 7:00 P.M., Lobby Conference Room . March 14,2006,7:00 P.M., Lobby Conference Room (Changed to 3/21/06) . April 11 ,2006,7:00 P.M., Lobby Conference Room . May 9,2006,7:00 P.M., Lobby Conference Room ADJOURNMENT Motion for adjournment by Horton and seconded by Engel. Motion carried, 5/0. Meeting adjourned at 9:03. ~~ox II II II II II zz>>~ ooC"C"~ - S '" '" '" ~ t'tl ~ ~ t'tl ~t'tlt:!:M-a ('tl =-. t'!"j S = ... (to ,., a' = '" '" ... '" Co ~ ~ t"~ C'l =t" i"li"l =:!(") ., .. ., " " = =: ., ., ., " " ., ., "" N ... = :z ~ =- "" ~" " ., = Q. " ., " " " -=- S~ ~ " ~ " " " :T ~ i"l =- ;g ;g Of' Of' Of' i"l'"' - - - ~i"l 23 23 ~ 23 23 '" . ~ '0 '0 00 00 -.J ~ ~ ~ ~ ~ ~ . - '" '" '" ~ ~ ., '" ~ ::: ~ o t"" ..... >I"l ..,1?1 ..,("'l 1?1..... ~z::l I?1I:1N >>1?1 ....ZZ ""I"l~ NI?1:;O O:;oI?1 ~trl< ("'l..... OI?1 ~~ o ~ -. 1:1 - '-' PER-01.1 o~"_ "_'\'.\~~ __If ~ :...;- - '1t'o;~ :J;;::":C--'\:'\\'.l~ : '~~'/~A elr '-;\'-\',.I .',''':'' O~-----_:___/_>"'P 'j~',-,,^,-_. -",J-Yk' .fi.; -'S/>~' ^". \~--c0~\' ~/\?;,. '",';:'~~~\. 'I -""J~:,> '}'". '~'."~-"~E~'~JI' '~~~ctLJ%'11 '''*0', _,__ __p"'.: '>>..l.., '-:t-..:J ',I'f7'i.. ~.,' j' o/Tc.'G 'f." I _.'/, '\~~' DEPARTMENT DISCIPLINARY PHILOSOPHY Date of Issue January 11, 2001 General Order Number 89-02 Effective Date January 27, 2006 Section Code PER-01 Reevaluation Date Janua 2008 Amends 89-02: Effective Jul 18,1989 C.A.LE.A. 26.1.2,26.1.4,26.1.5,26.1.6,26.1.7,26.1.8 ,.--, ,~~ c5 ~ ~o i;: )> --; ;z \"1 _/ 0" W r- -1 C') 0 ~~-'; :PI" O:::J :x <;;^ C5 I. PURPOSE > +" The purpose of this order is to state formally the Department Philosophy of discipline and to establish the policies and procedures for using training and counseling as methods of positive discipline and to set out the forms of punitive disciplinary options used by the Iowa City Police Department. INDEX AS: Disciplinary Philosophy Positive Discipline Negative Discipline Internal Investigation [Tl o II. POLICY It is the policy of the Iowa City Police Department to develop positive disciplinary procedures so as to minimize the necessity of negative, punitive disciplinary actions. The primary methods used in positive discipline may include supervisory coaching, training, tangible and intangible rewards and supervisory counseling. PER-01.2 III. DEFINITIONS POSITIVE DISCIPLINE - are those types of discipline which develop in the member the same objectives as those in the organization. A. This discipline can be developed by effectively training and counseling the employee. 1. Training 2. Counseling NEGATIVE DISCIPLINE - form of punishment or chastisement. A. When positive methods fail or are inappropriate to achieve conformity, then negative disciplinary action must follow to preserve the integrity of the organization. B. Non - Punitive actions: 1. written warning 2. written reprimand C. Punitive actions: 1. written reprimand 2. suspension 3. demotion 4. termination ,,-, 0 c:> = a-. -:Eo L- "'" II :r:> =:~; z n w ,- _.~ ".-" 0 iTl _-\ l~ .' ~-<~ """ " ::T- O -~] 0=',', '? S;/' )> .. IV. PROCEDURES DEPARTMENT DISCIPLINARY PHILOSOPHY One of the primary tasks ofa supervisor is the maintenance of discipline. Discipline may be positive or negative. It may involve a range of responses including encouragement, training, counseling, or the imposition of punitive sanctions. Discipline has as its immediate purpose the channeling of individual effort into effective and productive action. The exercise of positive discipline requires foresight and planning rather than mere reaction. Positive discipline requires an assessment of actual performance and performance capabilities, which when combined with proper training, recognition, and positive rewards, may result in effective contributions to the organization. Employees who violate their oath and trust by committing an offense punishable under the laws or statues of the United States, the State of Iowa, or the Ordinances of the City of Iowa City, or who violate any provision of the Rules and Regulations of the Iowa City Police Department, or knowingly disobey any lawful order, or are incompetent to perform their duties are subject to appropriate disciplinary action. Each employee will have access to a copy of the Department Rules and Regulations and are expected to have an understanding of them. The Rules and Regulations will be housed at specified locations in the police department as well as electronically in conjunction with the departmental Policv and Procedures manual. The Iowa City Police Department expects the highest level of professional conduct from all members, both sworn and civilian. However, members of the Department often PER-01.3 perform their duties in a manner exceeding departmental standards. Official commendation of such performance may be given by the Department to give full recognition to those who have brought distinction to themselves and the Department. Official commendation shall be kept in the employee's personnel file for the duration of their employment with the Department. Officers may also have a "Report of Inquiry/Incident Form" denoting Exemplary Service submitted by a supervisor. This will also be noted and placed in their personnel file. TRAINING IN THE DISCIPLINARY PROCESS A. Discipline may take the form of training or experience that corrects, molds, strengthens or perfects. Such discipline allows for a professionally oriented department. 1. Training should take place in recruit school; recruit field training' in-service training, advanced training, and remedial training. a. The training process should be designed to reinfoIQe de~ble behavior patterns and to call attention to noticeable acti@s whisn are deemed undesirable. J> c:? ~ II b. A well-disciplined department is a well-trained department~ -<: ~ = , ) I 2. The supervisor, by his/her actions, sets the example for SffIlmoye8; t'trl follow. A good example is necessary if positive discipline<iS:;to !l!P.rk,-, Primary responsibility for maintaining the appropriate level~is~ineU lies with the first line supervisor. ~ :. B. Officer's acts, which are committed because he/she either mlsunder3lOod procedures or was never made aware of the correct action, are indicators of training needs. 1. These needs may be corrected by remedial training programs. a. Remedial training is personalized training to correct a specific deficiency which is usually identified by testing, evaluation during training, or by a supervisor evaluating an employee during routine jOb performance, or by acts requiring disciplinary actions. 2. A review of Internal Investigations should analyze information to determine possible training needs by identifying undesirable behavior trends of those individuals. 3. Training may be used as part of the department's disciplinary system by itself, or in conjunction with other disciplinary procedures as determined by the Chief of Police. 4. An employee may be assigned to remedial training based on the results of an Internal Affairs Investigation or by the Chief of Police as a positive measure to correct a deficiency. 5. In a non-disciplinary action, an employee may be assigned to remedial training if his supervisor, through the division commander, recommends the process to correct a lack of skill, knowledge, or abilities to perform their assigned tasks properly. 6. Upon completion of a remedial training program participants shall be evaluated to determine whether or not existing deficiencies were alleviated. Results of the evaluation shall be forwarded through the chain of command to the Chief of Police. PER-01.4 COUNSELING IN THE DISCIPLINARY PROCESS Counseling is assisting employees in the process of problem solving. It may be corrective or preventive in nature. Counseling as a component of the disciplinary system, may be employed by itself or in conjunction with one or more of the components of the disciplinary system. Counseling may focus on: A. the necessity for a person to change an existing behavior, or deficient work method. B. the necessity for a person to alter behavior in preparation to be considered for additional responsibilities; C. a disciplinary problem which may be handled in a positive manner by itself, or in conjunction with other disciplinary measures. The following criteria should exist for using counseling: A. There must exist a reasonable belief that the employee has an existing problem or is experiencing difficulty in understanding, adjusting to, or internalizing matters which: 1. Are job related, pertaining to assigned tasks 2. Involve personnel policies pertaining to departmental policies 3. Involve interpersonal relationships with co-workers 4. Involve personal matters which are affecting the employees work performance. B. The process may be based on the results of an Internal Affairs Investigation concerning a disciplinary matter, by recommending counseling for the employee to the Chief of Police, as a positive measure to correct a deficiency. C. Factors must be present which indicate the employee's problem is having a detrimental effect on work performance. D. There must be a reason to believe that counseling may assist the employee in a supportive way or otherwise have a positive impact on work performance. The following procedures should be followed for using counseling as a function of discipline: A. The employee or their immediate supervisor may initiate the counseling process; B. The initial counseling effort shall be intended to find a remedy or, if not possible, to route the counseling process to one of the following as appropriate: watch commander, division commander or outside professional counseling service; 0 g C. Counseling sessions shall be documented either on the depart~~s ~ort of Inquiry !Incident form or the supervisor's own documentation ~~m.~ 11 . 0" w - TYPES OF COUNSELING APPROACHES ;:<!::-' 0 ~ Directive Approach - - 9::J ~ ["l A. Counselor determines items to be discussed and solutions deSir~7' B '-..1 B. Counselor controls and directs course of conversation. )> C. Used as a means of diSCiplining an employee, or providing s~cific information, amplifying, clarifying the nature of the infraction and the appropriate behavior desired. PER-01.5 Non-Directive Approach A. Employee does most of the talking, says what's on their mind. (conversation not steered by counselor) B. Counselor helps employee examine facts. C. Counselor helps employee think through the situation, choose alternatives and solve the problem. D. Used most for problem solving instead of discipline. If internal counseling is not an appropriate remedy to the problem, then the employee may be referred to an outside counseling service, or other appropriate sources. NON-PUNITIVE ACTION Non-Punitive actions constitute a part of the Department's disciplinary system. Non- punitive action includes: A. Written warning ( may be in conjunction with other disciplinary action) B. Written reprimand-minor (may be in conjunction with other disciplinary action) PUNITIVE ACTION Punitive actions constitute a part of the Department's disciplinary system. Punitive actions include: A. Written reprimand-major (may be in conjunction with other disciplinary action) B. Suspension (may be in conjunction with other disciplinary action) C. Demotion (may be in conjunction with other disciplinary action) D. Dismissal WRITTEN WARNINGS Written warnings may be made for actions contrary to the rules and regulations or the policies and procedures of the Iowa City Police Department. A written warning may be initiated by the employee's supervisor. Written warnings shall be documented on the departmental ReDort of Inauiry {Incident Form. WRITTEN REPRIMAND A written reprimand may be initiated by the employee's supervisor and may be applied to any infraction of policies, Rules and Regulations, for procedural errors, or any infraction of other written directives. The written reprimand shall follow the chain of command with the Chief of Police maintaining final authority. Written reprimands shall be documented on a departmental Report of Inquiry {Incident form and forwarded to the employee's personnel file in the Human Resources Department. Upon forwardi{!Q of the form, the Chief of Police will designate on the form whether the written @primaml is for a minor or major infraction. ~q ~ :::) z "T' (). w -2...! ::::jC) 0 . .-< r '" m %lD ~II SUSPENSION O:::tJ .= 0 When the infraction is of such a nature that a written warning or written ~pnmafil:t is inappropriate, the Chief of Police may suspend an employee. The empl~ee sh~ be given written notice of the suspension and the reason(s) for the suspension. A. Any supervisor may impose a fully paid emergency Administrative Leave of Absence on a member or employee when it appears necessary to preserve PER-01.6 the efficient and safe operation of the Department. The supervisor shall promptly notify the Commanding Officer, Field Operations, who shall promptly notify the Chief of Police. 1. Any person so relieved of duty shall be instructed to report to the Office of the Chief of Police at 9:00 a.m. on the next business day, unless otherwise instructed. a. The supervisor imposing or recommending the Administrative Leave of Absence will report at the same time. B. Being relieved of duty does not constitute a suspension, demotion, or dismissal, nor shall the employee lose any payor benefits for the time he/she was relieved on an Administrative Leave of Absence. DEMOTION With proper cause, the Chief of Police may order an employee demoted. An employee may also be demoted due to lack of work, prudent business reasons, a series of violations, or one very serious violation. The employee shall be given notice in writing of the demotion and the reasons for the demotion. DISMISSAL Dismissal may occur after progressive discipline has been taken and there is no change in the employee's performance or behavior, or when an act is of a serious nature. Any employee whose conduct results in dismissal shall be provided the following: A. A statement citing the reason for dismissal. B. The effective date of the dismissal. C. A statement of the status of fringe and retirement benefits after dismissal. D. A statement as to the content of the employee's employment record relating to the dismissal. E. A statement indicating the steps and time frame in which appeals need to be made in accordance with the grievance process and appeals pursuant to the civil service process. APPEAL OF DISCIPLINARY ACTION All appeals of disciplinary actions administered to non-sworn employees will folloMb the grievance procedures established within existing labor contracts and agreements. ~ ~o '- :r>='; ~ 11 n-( r.,.; '.'-';.-. 0 ---: \... "' ,,<, m -~ 0'-" ::;f^ )> ". ::r: 5 ...- I m o Iowa Code Chapter 400.20 is as follows: ... The suspension, demotion, or discharge of a person holding civil service rights may be appealed to the civil service commission within fourteen calendar days after the suspension, demotion, or discharge. The grievance process shall be initiated within the time frame spelled out the existing labor contracts. PER-01.7 SUPERVISORS ROLE IN THE DISCIPLINARY PROCESS Supervisors are responsible for the performance, conduct, and adherence to departmental directives and policies and procedures of their subordinates. Supervisors are the initiators of the disciplinary process and should use their knowledge of supervision, subordinates, and knowledge of the infraction and its circumstances to recommend corrective action. Any supervisor may initiate a written warning or reprimand. Written reprimands may be initiated by any supervisor but must be passed upward along the chain of command. A copy of all Report of Inquiry I Incident Form shall be fOlWarded to the Commanding Officer Field Operations. Suspensions, demotions, 'and dismissal may only be administered by the Chief of Police or designee. The Chief of Police retains final authority in all disciplinary matters. , , ANNUAL REVIEW OF DISCIPLINARY CASES A. The Commanding Officer, Field Operations will submit an annual report to the Chief of Police after reviewing all departmental disciplinary cases. The review will be conducted to determine the need for modifications in the following areas: ~ 1) training 0 ,~ 2) change in policy, procedure, or Rules and Regulations >-0 i;,; )>::::; z; 11 3) adequacy of supervision ("') --<' w ,-- 4) need for inspection or other controls ~ Q 0 m ,0< \-r "'" J1 B. During the review process, the Commanding Officer, Field O~n~ill U analyze all formal citizen complaints. This report will be Uied in .:1he development of departmental goals in preparation for the annt1\r1 planllll11g and departmental budget process. MAINTENANCE OF DISCIPLlNARYRECORDS All written records of the administration of disciplinary actions above a written warning shall be maintained in the employee's personnel file. sa~~ti:~f Police WA!:tNING This directive is for de/ilartmental use only and d(ij.~.$ n,ol aPltly i.n any eUilW1inal, or eillilj 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.paity claims. Violations of this directive will only form the basis for dePOlrtrnent~ll ,administrative sanctions. " OPS-17.1 ".' ','~"" \, iJ~',.~~~,~~{:, ",.,,,.,.,~,..\,,.,\,\~. ;:::;- -/-~A C/7- ~i. ,':,~ ,0/---,).- "I'- '!'I ,f\..:.:-- ,J~~' l'", _/.('-'" '"0 ",__ ./'k' ~}: ~!/ V~\'-~,'l\' 11,,<,. j I;J. I .. 'J"! :....r~~,~: c~""'A-::>";]~' ''''~LP~:''~~E:'''''''~/' ..~ ,'ClJ'O,Lg;;gfi'i ~.,'-- ""~., as-/; ur.:'G1'v ~"'I !L~Jr; -...~.~.. ~;i1i RACIAL PROFILING Date of Issue January 10, 2001 . General Order Number 01-01 Effective Date January 27, 2006 Section Code OPS-17 Reevaluation Date January 2007 Amends / Cancels CALEA 1.2.4,1.2.9,41.3.8,61.1.2.9 Reference ...., = 0 = a-. ~O <- -r,...., ".. 11 z ') -<~ w ~ ::::jO c:> I ,/ r- ill .:,. '"'" [T] \"1 0:::0 :x V <^ <? ~ +" INDEX AS: Racial Profiling Complaints Supervisor Responsibilities Warrants Search and Seizure Traffic Stops Arrests Discipline I. PURPOSE The purpose of this order is to unequivocally state that racial and ethnic profiling by members of this department in the discharge of their duties is unacceptable, to provide guidelines for officers to prevent such occurrences, and to protect officers from unfounded accusations when they act within the parameters of the law and departmental policy. II. POLICY It is the policy of the Iowa City Police Department to patrol in a proactive manner, to investigate suspicious persons and circumstances, and to actively enforce the laws, while insisting that citizens will only be detained when there exists reasonable suspicion (Le. articulable objective facts) to believe they have committed, are committing, are about to commit an infraction of the law, or there is a valid articulable reason for contact. Additionally, the seizure and request for forfeiture of property shall be based solely on the facts of the case and without regard to race, ethnicity or sex, OPS-17.2 III. DEFINITIONS Racial profiling - The detention, interdiction,. exercise of discretion or use of authority against any person on the basis of their racial or ethnic status or characteristics. Reasonable suspicion - Suspicion that is more than a "mere hunch" or curiosity, but is based on a set of articulable facts and circumstances that would warrant a person of reasonable caution to believe that an infraction of the law has been committed, is about to be committed or is in the process of being committed, by the person or persons under suspicion. ("Specific and articulable cause to reasonably believe criminal activity is afoot. ") IV. PROCEDURES The department's enforcement efforts will be directed toward assigning officers to those areas where there is the highest likelihood that vehicle crashes will be reduced, complaints effectively investigated or addressed, and/or crimes prevented through proactive patrol. A. In the absence of a specific, credible report containing a physical description, a person's race, ethnicity, or gender, or any combination of these shall not be a factor in determining probable cause for an arrest or reasonable suspicion for a stop. B. Traffic enforcement shall be accompanied by consistent, ongoing supervisory oversight to ensure that officers do not go beyond the parameters of reas~blen~ in conducting such activities. :;E 0 ':: )>-- ;po 1. Officers shall cause accurate statistical information to be recorded i'H~r~ce I I with departmental guidelines. ~ 0 0 1m ~I, ;:DIll I 2. The deliberate recording of any inaccurate information regardi~ ~ p~on 0 stopped for investigative or enforcement purposes is prohibited an~ ~us~for disciplinary action, up to and including termination of employment.)> :;;: C. Motorists and pedestrians shall only be subjected to investigatory stops or brief detentions upon reasonable suspicion that they have committed, are committing, or are about to commit an infraction of the law. Each time a motorist is stopped or detained, the officer shall radio to the dispatcher the location of the stop and any pertinent descriptors relevant or unique to that stop. The exception to this procedure is when officers are taking part in safety checkpoints and are working with other officers. D. If the police vehicle is equipped with a video camera, the video and sound shall be activated prior to the stop to record the circumstances surrounding the stop, and shall remain activated until the person is released. E. No motorist, once cited or warned, shall be detained beyond the point where there exists no reasonable suspicion of further criminal activity. OPS-17.3 F. No person or vehicle shall be searched in the absence of a warrant, a legally recognized exception to the warrant requirement as identified in General Order 00-01, Search and Seizure, or the person's voluntary consent. 1. In each case where a search is conducted, information shall be recorded, including the legal basis for the search, and the results thereof. 2. A cursory "sniff" of the exterior of a vehicle stopped for a traffic violation by a police canine may be recorded on the department's canine action report form. TRAINING Officers shall receive initial and ongoing training in proactive enforcement tactics, including training in officer safety, courtesy, cultural diversity, the laws governing search and seizure, and interpersonal communications skills. 1. Training programs will emphasize the need to respect the rights of all citizens to be free from unreasonable government intrusion or police action. COMPLAINTS OF RACIAUETHNIC PROFILING Any person may file a complaint with the department if they feel they have been stopped or searched based on racial, ethnic, or gender-baseQ.j>rofili'2fJ. No person shall be discouraged or intimidated from filing such a co@laint,~ discriminated against because they have filed such a ~@?Iai~ 0-< w -() <::) 1. Any member of the department contacted by a person, who wi~firlo f!Jsl such a complaint shall refer the complainant to a Watch Supe~ wlffi shall provide them with a departmental or PCRB complaint f~wh~ requested. The supervisor shall provide information on how to :cbmple~ the departmental complaint form and shall record the complainants name, address and telephone number. 2. Any supervisor receiving a departmental complaint form regarding racial/ethnic profiling, shall forward it to the Commanding Officer Field Operations and all such complaints shall be reviewed and the complaint acknowledged in writing. The complainant shall be informed of the results of the department's review within a reasonable period of time. The report and the reviewer's conclusion shall be filed with the Chief of Police, and shall contain findings and any recommendations for disciplinary action or changes in policy, training, or tactics. 3. Supervisors should periodically review a sample of in-car video of stops made by officers under their command. Additionally, supervisors shall review reports relating to stops by officers under their command, and respond at random to assist or observe officers on vehicle stops. 4. Supervisors shall take appropriate action whenever it appears that this policy is being violated. 11 I m o OPS.17.4 REVIEW 1. On an annual basis or as requested by the Chief of Police, the Commanding Officer Administrative Services, or designee, shall provide reports to the Chief of Police with a summary of the sex, race, and/or ethnicity of persons stopped. 2. If it reasonably appears that the number of self-initiated traffic contacts by officers has unduly resulted in disproportionate contacts with members of a racial or ethnic minority, a determination shall be made as to whether such disproportionality appears department wide, or is related to a specific unit, section, or individual. The commander of the affected unit, section, or officer shall provide written notice to the Chief of Police of any reasons or grounds for the disproportionate rate of contacts. 3. Upon review of the written notice, the Chief of Police may direct additional training towards the affected units/sections or to individual officers. 4. On an annual basis, the department may make public a statistical summary of the race, ethnicity, and sex of persons stopped for traffic violations. 5. On an annual basis, the department may make public a statistical summary of all profiling complaints for the year, including the findings as to whether they were sustained, not sustained, or exonerated. 6. If evidence supports a finding of a continued ongoing pattern of racial or ethnic profiling, the Chief of Police may institute disciplinary action up to and including termination of employment of any involved individual officer(s) and/or their supervisors. ~/~. ine, Chief of Police WARNING This directive is for departmental use only and d0es not apply in any criminal or Givil' proceeding. The department policy should not be construed as a creatl0n of a higher. ~e!ilal standard of safety or care in an eviElentiary sense With respect w... thiFd-~FlV, elai~s: Yiolation~ of this directive will only form the basis for ~artmlillltcH Jl!ilfl.'ll/11!S~~tlve saIJQt!!!lnJi. . )> Q i;;. .. ()', w II --{C) 0 r- :-< )0-- 'm -:v 0;>;; ~ ",. :x s> iTl o .t:" IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT December 2005 OFFICER DATE INC# INCIDENT FORCE USED 81/31 122305 64033 Intoxicated Subject Subject was placed under arrest and resisted handcuffing efforts. Officers used control techniques to place handcuffs on the subject. 16/45 122205 63991 Shots Fired Officers responded to a report of shots fired and drew sidearms to check an apartment for suspects and investigate the matter. No one was located. 16,45 122205 63958 Burglary Officers responded to a report of a burglary in progress and drew sidearms to check an apartment Noone was located. 48,28,16,45 121905 63408 911 Call Officers responded to a 911 call where subjects could be heard arguing. Officers forced entry into the apartment C1' 4:. to check on the welfare of subjects If) - when no one would respond to CD ,::02- ~Q knocking. One subject was placed f' ..- \-'~'i under arrest and resisted cuffing efforts. ~- ~>.: L-J. d Officers used control teclmiques to LU,. ( ) 'c::::. r- ;'0 place handcuffs on the subject. ..-' ..- - ;:e. \-:4. Officers also drew sidearms to check U- .d. G~ the remainder of the apartment due to a -) .p Q weapons history associated with the = = residence. No one else was located. c-' 18 121605 62761 Intoxicated Subject Subject had been placed under arrest and then assaulted an Officer. Officer used active countermeasures to prevent further assaults and gain compliance from the subject. 57 121605 62913 Injured Animal Officer used sidearm to dispatch an injured deer. 30 1221605 62782 Domestic Disturbance Subject was told that they were under arrested and attempted to flee the area on foot after assaulting an Officer. K-9 unit was deployed and apprehended the subject. Subject was then taken into custody without further incident. No injuries reported. 38 121105 61996 OWl Officers attempted to stop a vehicle 0"\ regarding a traffic violation. The !J") <{ = ''::: :s: vehicle failed to yield and a pursuit was n ::c rcG initiated. After a short distance the '- ...: L.U vehicle did pull over. The driver of the ! l! ..",J :.-:,.....:' , ,. vehicle was ordered out of the vehicle r- ;__JC , , but failed to comply. Officers used :>- ~ U_ "C"" \--<- con~ol techniques to escort the driver -...:( -, 05': from the vehicle. "" 0 c=.... = "'"' 36 121105 62008 Intoxicated Subject Subject was placed under arrest and unable/unwilling to walk or submit to handcuff"mg. Officers used control techniques to place the subject in handcuffs and escort them to a squad car. 60,22,04 121005 61867 Trespass Subject was told he was under arrest and resisted handcuffing. Officers used control techniques to place the subject in handcuffs. 06 121005 61821 Intoxicated Subject Subject was placed under arrest and refused to enter a squad car to be transported. Officers used control techniques to place the subject in the car. 31 120905 61417 OWl Subject had been placed under arrest and resisted handcuffing efforts. Officers used control techniques and exposed the subject to a chemical irritant to place them in handcuffs. 59 120905 61807 Intoxicated Subject Subject had been placed under arrest and resisted handcuffing efforts. Officers used control teclmiques to place them in handcuffs. 31 120905 61807 Intoxicated Subject Subject had been placed under arrest. Subject refused to enter a squad car to be transported. Officers used control techniques to place the subject in the car. 13 120805 61533 Injured Deer Officer used sidearm to dispatch an injured deer. 25,52 120405 60866 Warrant Service Subject was told that they were under arrest and order to remove their hands from coat pockets. The subject refused. Due to the subject refusing to show hands and past knowledge of a weapon offense Officers drew sideanns and used control techniques to take the subject into custody without incident. No injuries reported. --~-~----- February 14,2006 Mtg Packet PCRB COMPLAINT DEADLINES PCRB Complaint #05-03 Filed: Chief's Report due (90days): Chief's Report filed: PCRB Report due (45days): Extension Request (45 days): PCRB Complaint #05-04 Filed: Chief's Report due (90days): Chief's Report filed: PCRB Report due (45days): Extension Request (30 days): PCRB Complaint #06-01 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 03/23/06 11/02/05 01/31/06 01/10/06 02/24/06 03/27/06 02/03/06 05/04/06 POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS January 2006 Date Description 01-17 Man called requesting complaint forms to be mailed. 01-23 Complainant called regarding status. 01-30 Email from city in Illinois requesting ordinance and answering process questions. POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5041 January 18, 2005 Mayor Ross Wilburn 410 E. Washington Street Iowa City, IA 52240 Dear Mayor and Council Members: At the January 10, 2006 meeting, the PCRB voted in open session to request a 45-day extension in addition to its regular 45-day reporting deadline for the Public Report according to the City Code for PCRB Complaint #05-03 for the following reasons: . Due to timelines and scheduling . Public Report presently due February 6, 2006 45-day Extension request - Report would be due on March 23, 2006 The Board appreciates your prompt consideration of this matter. Sincerely, "-T Gre.o~~ Greg Roth, Chair Police Citizens Review Board cc: City Attorney POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5041 January 18, 2005 Mayor Ross Wilburn 410 E. Washington Street Iowa City, IA 52240 Dear Mayor and Council Members: At the January 10, 2006 meeting, the PCRB voted in open session to request a 30-day extension in addition to its regular 45-day reporting deadline for the Public Report according to the City Code for PCRB Complaint #05-04 for the following reasons: . Due to timelines and scheduling . Public Report presently due February 24, 2006 45-day Extension request - Report would be due on March 27, 2006 The Board appreciates your prompt consideration of this matter. Sincerely, 1:-... bre.o f<oi'L Greg Roth, Chair police Citizens Review Board cc: City Attorney ~,~-----_..