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Home My WebLink About05-09-2006 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 May 9,2006 - 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 03/21/06 . ICPD General Order #98-01 (Written Directive System) . ICPD General Order #99-03 (Prisoner Transport) . ICPD General Order #99-05 (Use of Force) . ICPD Use of Force Report - February 2006 . ICPD Use of Force Report - March 2006 . ICPD Department Memo 06-14 . ICPD Quarterly/Summary Report (Quarter 1) - IAIRlPCRB, 2006 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 . June 13, 2006, 7:00 P.M., Lobby Conference Room . July 11, 2006, 7:00 P.M., Lobby Conference Room · August 8, 2006, 7:00 P.M., Lobby Conference Room . September 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: May 5, 2006 PCRB Members Kellie Tuttle Board Packet for meeting on May 9, 2006 Enclosed please find the following documents for your review and comment at the next board meeting: . Agenda for 05/09/06 . Minutes of the meeting on 03/21/06 · ICPD General Order #98-01 (Written Directive System) · ICPO General Order #99-03 (Prisoner Transport) · ICPD General Order #99-05 (Use of Force) · ICPO Use of Force Report - February 2006 · ICPD Use of Force Report - March 2006 · ICPD Department Memo 06-14 · ICPO Quarterly/Summary Report (Quarter 1) - IAIR/PCRB, 2006 . PCRB Complaint Deadlines · PCRB Office Contacts - March 2006 . PCRB Office Contacts - April 2006 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 - March 21, 2006 CALL TO ORDER: Chair Greg Roth called the meeting to order at 7:03 p.m. MEMBERS PRESENT: Candy Barnhill, Elizabeth Engel, Loren Horton, Michael Larson MEMBERS ABSENT: None STAFF PRESENT: Legal Counsel Catherine Pugh and Staff Kellie Tuttle OTHERS PRESENT: Capt. Tom Widmer of the ICPD RECOMMENDATIONS TO COUNCIL (1) Accept PCRB Report on Complaint #05-04. CONSENT CALENDAR Motion by Horton and seconded by Engel to adopt the consent calendar. . Minutes of the meeting on 02/14/06 . ICPD General Order #95-01 (Emergency Operation of Police Vehicles) . ICPD General Order #99-02 (Alarm-Open Door Response) . ICPD General Order #01-06 (Juvenile Procedures) . ICPD Department Memo #06-07 . ICPD Use of Force Report - January 2006 Barnhill requested some clarification from Captain Widmer regarding General Order 01-06 (Juvenile Procedures) IV (Procedures), subsection D (Criminal Offenses), VI(A) concerning the age of consent to search. Widmer explained that they can not request consent if the juvenile appears to be under the age of fourteen. If they appear to be between the age of fourteen and eighteen the officer must request a supervisor respond to the scene. Barnhill confirmed with Widmer that the date for the fifth item on the January Use of Force Report should be 012606 instead of 012605. Barnhill also wondered if the Use of Force report is supposed to be in chronological date order, and that item two was out of order. Motion carried, 5/0. OLD BUSINESS None. NEW BUSINESS None. PUBLIC DISCUSSION None. PCRB March 21, 2006 Page 2 BOARD INFORMATION STAFF INFORMATION EXECUTIVE SESSION REGULAR SESSION Barnhill wanted to go over the policy for media and where they could be during a public meeting for audio/video recording. Pugh stated that she did not think it needed to be in the Standard Operating Procedures because of the infrequency that it occurs. Pugh also said that the Chair or Board should be able to request that the media record from a certain area and if necessary the arrangement of the room could be changed. Pugh reported that she had received a phone call from a complainant that was unhappy with the outcome of the Public Report from the Board. She informed the complainant of the duties and responsibilities of the Board and the section of the City Code regarding the PCRB. She also offered to the complainant that he or she could come to the next meeting and address the Board during Public Discussion, but that the complaint was considered closed and the Public Report had been issued to the City Council. Tuttle informed the Board that the meeting dates on the agenda for May, June, and July were incorrect and would be corrected on the next agenda. Motion by Horton and seconded by Larson 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 7:22 P.M. Returned to open session at 7:44 P.M. Motion by Horton and seconded by Larsen to forward the Public Report as amended for PCRB Complaint #05-04 to City Council. Motion carried, 5/0. Motion by Horton and seconded by Engel to cancel the April meeting due to lack of Board business. Motion carried, 5/0. PCRB March 21, 2006 Page 3 MEETING SCHEDULE . April 11 ,2006,7:00 P.M., Lobby Conference Room - CANCELLED . May 9,2006,7:00 P.M., Lobby Conference Room . June 13, 2006, 7:00 P.M., Lobby Conference Room . July 11,2006,7:00 P.M., Lobby Conference Room Larson will possibly be gone for the June meeting. ADJOURNMENT Motion for adjournment by Horton and seconded by Larson. Motion carried, 5/0. Meeting adjourned at 7:47 P.M. 200~ ~i"l II II II II II ~~~~:; f"t. .l""'I (jfJ !;Il ~ ~ ;= (tI (t) f'tl II> = = = ~~~...... (t) _. t'fj " = ~ .. (fQ n 0" = II> '" ., II> .. ~ ~ "'s:: I:'l ="' eo eo =>:in " ~. ., o 0 = :: " " ., " '" ., ., .. ... ., = Z ~ 0- .. ~'" '" " = Q. o " g' o = -0' S~ ~ = ~ = '" ~ ~ 0' eo 0' ;g ;g 'D '" ;g eo'"' ;::; ;.<eo ~ <3 <3 <3 <3 ~~ 0 'D 'D 00 00 --J ... ;.< ;.< ;.< ;.< ;.< ~ ... '" 0 0 .... ;.< ;.< ;.< ~ [;:, [;:, ... ... .... ;.< ;.< ;.< ;.< ;.< ~ .... ... j II> II> ... _. i: t:l ~ ... .e -_._-------------~-_."- "l:I o I:"" .... >~ >-3t'j >-3n t'j.... ~2::l t'jt:lN ~>t'j 22 n'" ~t'j~ ~~;S ~t'j O~ ~= o > ~ ADM-01.1 ,1f>I,~:~11'\\\~ "i,~i.~.;t\~\\~ ~;~]i..~-mh\\\~ , /[p\NA ,CI;;'--7~:, l!'>~~~)t;Jiil IJ<, -' ~.<"', ,,~ A' ~~r'q._,~6:.f j_\Y...~~., ,:i~;~~ 111~ ,"'..~Jiii /. ';~'~:II :.v.*"""",,~?...~, f.....ii...~~ '~LF'rf-~~"~ J, ~~~~ "~i' ""'",, f\~ 1'. W. ..~~' WRITTEN DIRECTIVE SYSTEM Date of Issue March 17 1998 General Order Number 98-01 Effective Date March 28, 2006 Section Code ADM-01 Reevaluation Date March 2009 Amends / Cancels 97-01 ADM-01 C.A. L. E.A. 12.1.1 -12.2.2 Reference 61.2.3, 33.4.4, 33.5.1, 33.7.1 Department Publications Directives, Written General Orders Official Department Publications Orders, Written Policy and Operating Procedures Manual Publications, Department Written Directives ,...._~ 0 c~.-.) ...:.:.".~ c.~ --=-.;: 0 ~. . --.-" ~-'.:':' v'__ I :::0 -n C~l -. C.) <=> . r'l ~ . - '. -0 ,1 ~ .-.., r::; '.....J ,~ 7' w ~ c:> INDEX AS: I. PWRPOSE The purpose of this order is to explain the written directive system, establish definitions, formats, and authority for preparation and issuance of written Departmental publications for distribution and updating of General Orders and other written directives, and give reasonable guidelines to Police personnel to follow in the discharge of their duties. The Policy and Operating Procedures Manual will be arranged into numbered sections containing related subject matter. This order also establishes responsibility for maintaining, reprinting and inspection of the manual. ADM-01.2 II. POLICY The efficient and effective performance of a municipal law enforcement agency is directly related to the extent to which information given its officers is accurate and up-to- date. This order is intended to serve as a catalyst as to how Department policies should be put to practical use, and as a guide for police personnel in the performance of their major Department functions. The written directives system must encompass a range of publications from permanent to tempclrary, and from mandatory instructions to informational memoranda. The Department will strive to minimize the number and complexity of publications, while providing essential information and direction toward common organizational objectives. The following general guidelines will be followed in the development of written Department publications: . Publidations shall not conflict with established rules, regulations, or policies of the Department; or, with local, state, or federal law. . All Pllblications Will be stated in precise and positive terms with grammatical accurlilcy and simplified language. . When: applicable, cross"reference will be made to other related and published docu~ents. Publications that cancel or supersede other publications will reference the affected document. It shall be Department policy that proposed general orders or revisions to rules and regulatio~s be reviewed by staff members prior to issuance. The review process will vary with I the content of the order but will generally involve supervisors and personnel affected ~y the order. In the abbence of the Chief of Police, the c:;ommander of the Field Operations Division assumes: command of the department and operates with the authority of the office of the Chief of Police. If the Commander of Field Operations is not available during the absence of the Chief of Police, the Commander of the Administrative Services Division assumes; command. After the Division Commander, the Commander of the Criminal Investigations Unit assumes department command. R <-:c; ',- ",.- ..'-- ~.~., ~'':.l <.::.::.::t :E -'-,..0 -T1 ,--., C) CJ r.'.~.~ , -u -" -'~- 'Tl , __~C~ ~~2 5< ---:.;.0- S> ---., U w ill ADM-01.3 III. TYPES OF DEPARTMENT PUBLICATIONS A. Department publications will be restricted to the following: 1. General Orders 2. Special Orders 3. Personnel Orders 4. Department Memoranda 5. Bulletins 8. Division commanders are authorized to issue divisional memoranda only. Divisional memoranda are restricted to information or direction which affects only assigned personnel and internal operations of the division. Memoranda must conform to policies and procedures established in Department directives. C. Section commanders and supervisors may issue memoranda pertaining to operating procedures, practices, work assignments, and the infernal direction and functioning of the section. Memoranda must conform to policies and procedures established in Department or division directives. D. No official publications, other than provided for in this order, are authorized in the Iowa City Police Department. IV. DEFINITIONS A. General Orders. (See Appendix A) Issued to establish or revise policies, or to direct the use of specific procedures for the indefinite future. General Orders will be issued for: 1. Institution of permanent procedures, and policies and manuals related thereto; 2. Permanent changes in organization; 3. Installation of permanent programs affecting more than one section; 4. Permanent personnel policies and procedures, not including changes in personnel status; 5. Use of police facilities and equipment; and expenditure of funds; and 6. Relationships with citizens and other agencies. B. ~}J r-- ; ".r; , '-....--1 ADM.01.4 2. Promotion or demotion; 3. Transfer between Department units; 4. Suspension, dismissal or restoration to duty; 5. Termination of personnel; 6. Appointment to specialized Department duty assignment; 7. Temporary duty assignment with another agency; and 8. Extended leave of absence. D. Memoranda. (See Appendix B) Issued to disseminate information, instructional material or data of general interest to Department personnel. . Memoranda may include: 1. Announcement of Department, city or community civic or social events; 2. Information on actions, policies and events in other agencies; 3. Instructions and information concerning academic or instructional programs of general interest; and 4. Explanation or clarifications of previously issued orders. Section Supervisors may issue memoranda to establish unit procedures and instructions for accomplishing assigned tasks. E. Bulletins. Issued to convey information of specific interest pertinent to performance of law enforcement tasks. Bulletins may include: 1. Daily information; 2. Crime analysis data on specific crime patterns and possible suspect and M.O. descriptions; 3. Description of identifiable property items reported stolen; 4. Information and description on wanted criminals; and 5. Training - either posting an upcoming training session and assigning personnel to the training, or a training bulletin which provides information to guide members in performance of their duties and responsibilities. 6. Standard Operating Guideline (SOG) - designed to ideillify st~ or procedures to be used when responding to, or han@n~ specific types of calls, tasks, or assignments. :G :-: ~. -n v. CJ w ISSUING AUTHORITY ='IC' 0 ,-< ~~'l -0 ~ A. Department publications, including bulletins, are always issue~f{aer s.; authority of the Chief of Police. Only the Chief of Police may i$ue General Orders. co '.Tl .--i ,_! B. Division memoranda, Personnel Orders, Special Orders and Standard Operating Guidelines may be issued by authority of the respective Division Commander. C. Section memoranda may be issued by supervisors, including civilian supervisors. ADM-01.5 VI. FORMAT AND INDEXING A. General Orders 1. General Orders shall follow the format and structure as shown in Appendix A. The first page will utilize the standard pre-printed general order format. 2. The General Orders will be indexed by major topic headings to facilitate an alphabetic search for order information. General Orders will also be indexed by number. The number assigned to each order will be the last two digits of the calendar year followed by a sequential number. A section code will also be given to each order which designates the major policy and procedure manual subsection under which the Order is assigned, followed by a sequential number for all orders within the section. 3. Order numbers and Section codes will be assigned by administration during order preparation. B. Special Orders 1. Special Orders shall follow the format shown in Appendix B. 2. Special Orders will be by number. Numbering will consist of the last two digits of the calendar year followed by a sequential number for each order issued during the year. C. Personnel Orders D. 1. Personnel Orders shall be prepared by the office of the Chief of Police or Division Commanders in the format shown in Appendix B. 2. Personnel Orders will be indexed by number. Numbering will consist of the last two digits of the calendar year followed by a sequential number. Numbers will be issued byadministratiol'k, _._ C~ o ;;':0: Memoranda ~ Q ".~ y---", ;:."" -r'''"1 " :;:".J ! l 1. Memoranda will follow the format shown in Appendix ~ ~.'. ~ ~= Memoranda are not formally numbered and are index_ed~ sl.!Wecrn dd t ,.. -.-'-" an a e. n:T _' ~_j 2. Affected personnel will be listed in the heading of the 5:;" ~ memorandum. Examples are: ::i> CD a. A division memorandum issued "TO: Uniformed Patrol Officers" . b. A communication section memorandum "TO: All Communication Dispatchers". NOTE: Memoranda which affect personnel beyond the section or division level, must be issued at the division or Department level. VII. A. ADM-01.6 3. The issuing authority will also be clearly indicated in the heading of the memorandum. Only the unit or section supervisor, division commander, or the Chief of Police may issue memoranda. E. Bulletins 1. Bulletins will be issued as Department publications. Because bulletins are issued under authority of the Chief of Police, no specific authority entry is required. 2. Bulletin headings will indicate the major subject (crime analysis, training, traffic analysis, etc.); the issue date; and the Department contact for clarification or additional data. The body of bulletins may be configured as required to best explain the information presented. This may vary from narrative for training information, to tabular crime analysis data, to illustrations for suspect descriptions, or combinations of the above. Because the objective is to impart information, the only rule for content is that it be of maximum clarity and simplicity. Standard Operating Guideline will include headings indicating the number (last two digits of the year and then a sequential number beginning with 1 and continuing consecutively through the end of the calendar year), effective date, subject, and if applicable section. The SOG will include a statement identifying it's purpose, and any applicable definitions. The SOG will identify and list applicable steps, tasks, assignments or procedures to be used when handling a specific type of call, assignment, task or subject~~;ted ~ the subject heading. ::c'E 0 ).> =; :::: 11 3. 4. DISTRIBUTION C) (.,...) ,"'- ;2G 0 TI . iT, -0 ~~ -~ ~ C 1. The Department policy on dissemination of policy and ~dute manuals is through a computerized documentation sysftml and- placement of hard copies in manuals put at accessible location'rfor reference by all personnel affected by the directives. Employee will be required to sign a dissemination form to acknowledge the receipt and review of the materials contained in the manuals. Appendix C. A computerized copy of all General Orders, Special Orders, Departmental Memoranda, Personal Orders, and Bulletins will be maintained in the office of the Chief of Police. The Chief of Police may direct that newly issued or reissued orders or directives be distributed electronically through the departments "in-house" computer system. Written notice shall be forwarded to the affected commanders indicating the title and location of the electronic version. Procedures developed for confirming the receipt and acknowledgement of directives will be followed. 2. 3. 4. ADM-01.7 VIII. MAINTENANCE AND INSPECTION A. Maintenance 1. It is required that each assigned policy and procedures manual be maintained in usable condition and be continually updated by insertion of new orders and removal of rescinded or updated directives. This includes annotation of the index by insertion of reference to new orders or the cancellation of those rescinded. 2. The maintenance and currency of manuals will be the responsibility of those who are issued hard copies. 3. The Department will maintain a master file of all Department publications. . 4. New or revised General Orders will be accompanied by a roster upon which employees will verify receipt and their understanding of the Order by their signature. Completed rosters will be returned to the office of the Chief of Police for filing. B. Inspections 1. Policy and procedures manuals will be inspected at a frequency determined by the Chief of Police. Inspections will be accomplished by designated personnel appointed by the Chief of Police. 2. Inspection will normally involve the physical examination of policy and procedures manuals to determine that: a. All current orders are properly filed in the appropriate manual section. b. Canceled or rescinded orders have been removed. c. Each current order has a certification of understanding which is signed and dated. d. The index has been updated with entries of new ord~ and deletion of those rescinded. 6 s.~ ~CJ :'.J:: )> =: ;; --n IX. AMENDMENT AND CANCELLATION C) < w o ~_) ';-.~. ;--r1 ~ ,,_..~ V ' A. Amendment ;7 ~U =:: :,~) 1. The content of General Orders occasionally requires ~nd~nts to comply with legal changes; to update operational procedureS; or to conform to revised policies. Amendments should be expe'"8ited to assure maximum currency of reference material. 2. When an amendment is relatively minor and involves a restatement or replacement of existing information, without change to paging or length, a revision page or pages may be issued. The revised page(s) will be inserted into the order in place of the former page(s). Amended pages will contain "Rev-Date" on the outside lower corner. ADM-01.8 3. Where the amendment or revision is of sufficient size and length to require major restructuring of the order, a complete new order will be issued. The new order will replace the entire former order. sa~~f of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of higher legal standard of safety or care in an evidentiary sense With respect to third-party claims. Violations of this directive will only form the basis for departmental administrative sanctions. ~) 0 C"J C:':.l ,..,', -- 0 .? -"" --::- ;...,~ =:~j ;.u -n ,', . L) . , =:l ~ , C) ,- iT] .:< r" -0 rur-, ,---'~ (~) :~-J \..J <;: 7-~ L' )> 0::> ADM-01.9 APPENDIX A INAME OF ORDER I I Date of Issue I Effective Date I Reevaluation Date I General Order Number I Section Code I Amends / Cancels I CAL.E.A. INDEX AS: I. PURPOSE (Topical headings in capitals) (1 ) (2) I ~, 6 ~ - ~C.~ -""1':" '"',,''' --r., ):> ~'"O \ . Cj 0) ,..-. c:; C) '1' -'-; ,-<: -' , I , -" ;---, n': _:"" <....1 ,)_U <:::>::. 0) -<:~ );> Cf) II. POLICY A. (Subheadings underlined) B. 1. 2. a. b. (a) (b) Signature of Chief of Police wARiNING ' This diret:tive is for departmental USe only lelnqdoes notapply in any criminal or Civil proceeding. The department policy Should not be construed as a creation of higher legal standard of safety or care in an evidentiary senSe with respect to third-party claims. Violations of this directive ""monly form the basis for departmental administrative sanctions. ADM-01.10 APPENDIX B Samole Format for Special Orders, Personnel Orders, Department, Division, Section Memorandums, and Bulletins TypE OF ORDER OR MEMO YEAR-NUMERICAL SEQUENCE TO: Affected Personnel FROM: Issuing Command RE: Subject of Order or Memorandum DATE: Date Issued ....-..J 0 c:::'! C~) CJ"" <;: 0 :::: )> :;;:.,. -Tl -', ::-:':} ,.~-~ -- G.) ,--- -- ,.r'~, C> -- ''--) ~ll / , .:", -u Pi ,.--, r~ :0 :z ',.-) '-./ /, Go) <;; )> ex> ADM-01.11 APPENDIX C ACKNOWLEDGEMENT OF RECEIPT OR REVIEW OF GENERAL ORDER General Order: Section Code: Directive Title: I ~ha..~.: I I have had the opportunity to review the above General Order and understand the purpose and content of the Order. Pin # Employee's Sicmature Date Suoervisor's Siqnature Date "" - = ~~ . c;-., ,- ~ 'J,';<;' --, .J'> -I I -.: -:: '- . W r -<' ,..-. c- -1 ._-~ ~) ::2- ~ i -~ '-:d/,,- W -- )> - ADM-01.12 Iowa City Police Department Standard Operating Guideline SOG#: Effective date: Subject: Reference: Section: . Command Signature: Purpose: Definitions: Proced~res: o ~C ?::~ - ~ C) "" ~ c:::".> c~ ..--;,."--, ..-,.-<>'_ J' .;~.tB ~.J /-~, <: J> :z. ":':1" So -n w o -- ,-' : ,I ~ "--) ""\j ~ <? ro OPS-09.1 c""~,.. .1. "lfi~~,' -. ,_:,_iK~ ~'~. '. ."lj:,."~ ,\''' ,.,i~~:,'~~J!"", . '''~ --.... /;:J;O'\!'IA CI'i3'. ~rj;\_ " '/----=--":-----"r/J:::::-il Ii:,,>'\.:;' -,'-'.:~~' j.;y "',P': \/"i;,. .r: y' ,n-- 0: \ '''____ .I.t~ ~~t~-~/ ~l~ '\,-~l\' 1j~-~j^.. ~ 1.1 "~~"';It ,jJ~""'k:",,-":'/'>"'-"J~ .~~'tfc'0f/ t~~~:=:::::;~.i1" S./J~)~;~ ..~~ PRISONER TRANSPORT Date of Issue March 17, 1999 General Order Number 99-03 Effective Date March 28, 2006 Section Code OPS-09 Reevaluation Date March 2007 Amends / Cancels All Orders In Conflict CAL.E.A. Cha ter 71 Previous Review Dates: Februa 2000 INDEX AS: Use of force Prisoner Transport Handcuffing 5 ?:Q J:> ---I r--' C'::I <= 0' ~ ~... ?:J <.J o -11 - .~ '~-j ~~~ - 'en :2 ::~< :'JJ ~ .'"-~/~ l.f? >- );> -' The purpose of this policy is to provide guidelines for transporting persons in the custody of officers of the Iowa City Police Department between points of arrest and initial booking. ,- hl ---1 , , '...-/ I. PURPOSE II. POLICY Transporting Prisoners is a potentially dangerous function. Therefore, it is the policy of the Iowa City Police Department to take the precautions necessary while transporting prisoners to protect the lives and safety of officers, the public and the person in custody. OPS-09.2 III. PR.OCEDURES A. Vehicle Inspection 1. At the beginning and end of each tour of duty, all vehicles regularly used for prisoner transport shall be inspected for readiness as follows. a. The safety screen shall be securely in place and undamaged. b. All windows shall be intact, and outer door latches in proper working order. c. Rear-seat door handles and window controls shall be deactivated. d. The interior shall be thoroughly searched to ensure that no weapons or contraband have been left behind or hidden within the vehicle. 2. Prior to placing a prisoner in a vehicle for transport, the transporting officer shall inspect the interior for weapons or contraband. The vehicle shall be searched again after the prisoner has been delivered to the detention facility or other destination. ....., = B. Handcuffing! Use of Restraints Q ~ ~O ?" ):>- := -=~': .Tl 1. Officers should handcuff (double-locked) all prisoners wit~r h@ds ;= behind their back and palms facing outward. c~! 2 C) :Tl I': ~ ------, 2. The officer may handcuff the prisoner with his!her hands iiUl)1tlt, <2b \~...J u~e other appropriate and approved restraining device(s) ~ere thji prisoner -.I a. is in an obvious state of pregnancy, b. has a physical handicap, or c. has injuries that could be aggravated by standard handcuffing procedures. 3. Known juveniles will be handcuffed only when reasonably necessary to ensure the safety of the officers, juvenile or others. 4. Prisoners shall not be handcuffed to any part of the vehicle during transport. 5. Additional approved restraint devices may be used to secure a prisoner who violently resists arrest or who exhibits behavior such that he!she poses a threat to himself, the officer, to the public, or to prevent escape. 6. Officers are prohibited from transporting prisoners who are restrained in a prone position. The technique of "hog tying" shall not be used by members of this department. . OPS-09.3 C. Transport 1. Prior to transport, all prisoners shall be thoroughly searched for any weapons or contraband. 2. Prisoners should not be handcuffed together. 3. When possible, females should be transported separately from males. 4. Juveniles shall not be transported in the same area of a vehicle with adult prisoners. 5. Special precautions should be employed when transporting high-risk prisoners. In particular: a. combatants should be transported separately b. members of rival gangs should be transported separately 6. Prior to initiating transport, the officer should provide communications with the following information. ""-' a. arrest location and destination Q ~ b. mileage reading before and after the transport of juve~r ;;;; member of the opposite sex. )> -4 S; -'n c. number of persons being transported;] :: '6 ,.--' d. nature of the charge(s) ,~~'~; -u ',=!J ;-'7:. j:~ -'- \-...-1 7. The officer should assist the prisoner(s) into the squad ca~aKing'ffare to avoid the prisoner(s) striking their head on the vehicle. Bflsone~ should be instructed not to lean back on their wrists. 8. Prisoners should be transported in a manner that allows for constant visual observation. Officers operating vehicles equipped with video should consider activating the camera to document the prisoner during transport. Seating of officers and prisoners should, when possible, conform with the following: a. Where the vehicle has a security screen but one transporting officer, the prisoner should be placed in the back seat on the right hand side of the vehicle. When the vehicle is not equipped with a screen and has only one transporting officer, the prisoner shall be placed in the right front seat and secured with a seatbelt. . b. When a prisoner is being transported in a two-officer vehicle without a security screen, the prisoner shall be placed in the right rear seat. The second officer shall sit in the left rear seat. c. Leg restraints should be used when a prisoner exhibits or an officer reasonably believes the prisoner is likely to engage in violent behavior or is an escape risk. d. A single transporting officer shall not transport more than one prisoner in a vehicle without a screen. e. Prisoners should be instructed that they are not to speak to OPS-09.4 each other, or have contact with outside parties during the transport process. f. Prisoners should be secured in a seatbelt during transport if the officer(s) feel they can safely do so. 9. The physical well-being of prisoners shall be monitored during transit. Particular attention shall be directed to persons reported or suspected of being under the influence of drugs and/or alcohol or who have a history or propensity for violence. a. Prisoners who report or display symptoms of serious physical illness or injury during transit shall be taken to an emergency t......~ room for treatment. c5 g b. Escorting officers shall remain with the patient at all ti~[) ~ unless relieved by other authorized personnel. (this rrr~y::::' :ov -Tl include medical staff) ;:! ,: ~ ,-- c. Potentially violent persons in custody shall be restrained;<it all iT] times in treatment facility unless such restraint would iAteHer~ lJ with essential treatment. ~ ^ ~ ~. d. In the event a prisoner who has committed a seridds offEl)We is admitted to a hospital, long-term security may be appropriat"e. In such cases the supervisor of the arresting officer shall design a schedule that permits 24-hour security of the prisoner. Adequate rotation of officers will be maintained. Visitors, including phone contact, not approved by the Police Department shall be prohibited. Officers shall avoid fraternization with the prisoner. e. When released from the hospital, the prisoner shall be transported to the appropriate holding facility. The transporting. officer shall ensure that all hospital treatment instructions and medication directions are given to the holding facility staff. 10. Symptoms or reports of physical or mental illness (such as threats of suicide or psychotic behavior) shall be reported to the receiving officer. 11. Any wheelchairs, crutches, prosthetic devices, and medication should be transported with , but not necessarily in the possession of the prisoner. In instances where a person with a disability must be transported, and the disability prevents transport in a marked patrol car, a watch supervisor should be contacted for assistance. Alternate methods of transport may include but are not limited to the use of an unmarked unit, transport van, or requesting an ambulance to transport. 12. Prisoners should not be left unattended during transport. 13. Officers shall not engage in unrelated enforcement activities while transporting prisoners unless failure to act would risk death or serious bodily injury to another. In non-life threatening yet serious OPS-09.5 situations, officers should call for back-up assistance and may remain on-hand until such assistance has arrived. 14. Any escape shall be immediately reported to the communications center with a complete description of the fugitive, mode and direction of travel, original charge and propensity for violence if known. The communications operator shall notify the watch supervisor. The officer shall complete report detailing the escape. When a subject is not immediately captured, the watch supervisor should consider notifying outside agencies and request assistance. He/she may also consider the use of a canine unit in tracking the subject. If this is done, it shall comply with the general order pertaining to canines. 15. If a prisoner is an escape risk, the officer shall notify the receiving agency of this information. 16. When a prisoner is transported to the Iowa City Police Department for processing or questioning, the officer shall maintain control and shall ensure that visual contact is maintained with the subject at all times. visual coniact with the subject at all times. In this case, the officer will decide if the handcuffs may be removed during the processing or interview process. 17. When officers are detained for a period of time waiting for jail entry authorization, they shall monitor the well being of their prisoners and ensure that restraints have not unduly tightened. Officers assigned to the prisoner holding van will check handcuffs of prisoners and make sure they are properly adjusted before they are placed in the vehicle. The officer will inform dispatch of the check and the prisoner's name. At regular intervals, the officer will verbally check with the prisoners to make sure no problems have developed. If a problem develops, with two officers present and at the officer's discretion, the prisoner may be removed from the vehicle and the handcuffs checked. .@$ chec~ will be noted in the CAD log. ~ 0 ;; -'.'~ --~! ~ .... -n 18. Upon arrival at the Johnson County jail, weapons shall t@~~curi in::== the provided lockers. __< r ;.." n-~ -0 ,II 0:-.[7 =rt:: r~ 19. Prisoners are in the custody of the Iowa City Police De~ent:9lntil',J they are received by Johnson County Jail personnel or ~Ieased-by CD the officer. 20. Persons who are transported for non-criminal procedures should be patted down and seated as indicated above. The officer will decided if the use of restraints is warranted. 21. Upon arrival at the receiving agency, the officer shall comply with the security requirements of the agency pertaining to weapons and prisoner restraints. Officers should advise the receiving officer of any OPS-09.6 medical conditions or special concerns regarding the prisoner as well as delivering all required paperwork and/or documentation regarding the subject. The receiving officers name should be included on the "booking" sheets. .... WARNING This directive is for departmental use only and does not apply in any criminal or civil proceedimg. The department policy should not be construed as a creation of higher legal standard, of safety or care, in an evidentiarysehse with respect to third"party claims. Violations of this directive will only form the basis for departmental administrative sanctions. , t"-'::: 0 = = C' ::fo :Jl: )":> --'j "'" -n :::0 C! ~.-,- -, w , C'~': C) ----, \TI , , ,:::-'... -u n-j -,- :_1] ::JJ: ,-J C.) 5~:- '2 .".- . <: P- c>> OPS 03.1 . ".)~'". ."'~\\." JI' ' . " ,-' ,~~ ~'>,.,: . .:1"1"~i'!i ".'- - - :,'\.'" i'-~"';.il;:'c::--- '_, .\\:->: ~' ,,~"""::'''-'''-:~.I.A. c'.r, ~'~\'" !:'-~ 0""___" :_', r.,"-:I ;r~~~:'::;; >-:: c .,>/"'~\~:, '/'I,../7"_-\-V'_\1 'I"''''' I ) '-.. ,. 'c' ~"--J.t ~I",,,... .. ,. - ]'1 '..i'~-'!'-':"".>\~;:8"~,.,;.: '~~CfLI~ffi' ~\_r ----_ ......~J "~ITn. .'r:,'" ~/l cff~ G1'~ !t-:,f;1J .L.:....':..':-... ...~....J!:~' ~"in~7 USE OF FORCE General Order Number 99-05 Effective Date April 217, 2006 Section Code OPS-03 Reevaluation Date April 2007 I CAL.EA 1.3.1 -1.3.8,1.3.13 Amends / CaRse/s 95-03 I Reference INDEX AS: Use of Force Significant Force Use of Force Model Arrests I. ~ ..::.-.() ?::::o ~. (j .. ~--"i c-~, /,.- :::-< ~.,_~ --0 " :3t' -:0 Q~ <.J'\ 4... .4 "",' The purpose of this policy is to provide members of the Iowa CitfPolicg Department with guidelines on the use of deadly and non-deadly force. Reporting Investigation Canine Warning Shots "'" = .;:.-:;:) "'" po -0 ;Xl N C;f:) II - .- J :T\ \,,--1. ,.J PURPOSE II. POLICY The Iowa City Police Department recognizes and respects the value and special integrity of each human life. In investing officers with the lawful authority to use force to protect the public welfare, a careful balancing of all human interests is required. Therefore, it is the policy of the Iowa City Police Department that police officers shall use only that force that is reasonable and necessary to effectively bring an incident under control, while protecting the lives of the officers and others. OPS 03.2 III. DEFINITIONS befinition - Deadly force (Section 704.2, Code of Iowa) for the purpose of this policy shall mean any of the following: 1. Force used for the purpose of causing serious injury. 2. Force which the actor knows, or reasonably should know, will create a strong probability that serious injury will occur. 3. The discharge of a firearm, in the direction of some person with the knowledge of the person's presence there, even though no intent to inflict serious physical injury can be shown.' __ ~ o g.; 4. The discharge of a firearm, at a vehicle in which a person~~owre ~~. Q~ N --',() 0) Definition - Serious injury (Section 702.18 Code of Iowa) .:::: ::-T:~ 3i! ,....-., ~-'-~ ~/;.-:. U1 Means disabling mental illness, or bodily injury which creates a su~antiab risk of death or which causes serious permanent disfigurement, or=' protracted loss or impairment of the function of any bodily member or organ. Definition - Reasonable force (Section 704.1, Code of Iowa) -n !- \T1 ----I \-.J ;Is that force and no more which a reasonable person, in like pircumstances, would judge to be necessary to prevent an injury or loss land can include deadly force if it is reasonable to believe that such force is necessary to avoid injury or risk to one's life or safety or the life or safety of another, or it is reasonable to believe that such force is necessary to resist a like force or threat. Reasonable force, including deadly force, may be used if an alternative course of action is available if the alternative entails a risk to life or safety, or the life or safety of a third party, or Irequires one to abandon or retreat from one's dwelling or place of Ibusiness or employment. I I Definition - Reasonable officer: Objective Standard 1. "The 'Reasonableness' of a particular use of force must be judged fron I the pelspt:vlivt: uf i::I I tli::l:;ulli::Ible ufficer on the scene rather than with the 20/20 vision of hindsight. Graham v. Connor, 109, S.Ct. 1865,1872. (1989) 2. "Reasonableness" also takes into account that police officers make judgements in a split second under circumstances that are "tense, OPS 03.3 uncertain, and rapidly evolving - about the amount of force that is necessary in a particular situation. Graham v. Connor, 109 S.Ct. 1865,1872. (1989) Definition - As used in this policy, "less lethal munitions" Means projectiles which are designed to stun, temporarily incapacitate, or cause temporary discomfort to a person. IV. Code of Iowa - Use of Force in Making Arrests and Preventing Escape Section 804.8 Use of force by peace officer making an arrest. A peace officer, while making a lawful arrest, is justified in the use of any force which the peace officer reasonably believes to be necessary to effect the arrest or to defend any person from bodily harm while making the arrest. However, the use of deadly force is only justified when a person cannot be captured any other way and either: 1. The person has used or threatened to use deadly force in committing a felony, or -~,\ -' U- 2. The peace officer reasonably believes the person would use deadly force against any person unless immediately apprehended. o 4. ~ Y,; 1i peace officer making a~ arrest pursuant. to an invalid ":,,,ar~~nt is jus!ifie? x.: :"~ \'tft'the use of any force which the peace officer would be Juslifled In uSing If o...;:::!(hB warrant were valid, unless the peace officer knows that the warrant is \.Ji~yalid. .~?-- c- r.;~ o~ S~tion 804.13 Use offorce in preventing an escape. co N lY- e... .at. ~O = c:;:) "'"" r\ "t___, LL\ A peace officer or other person who has an arrested person in custody is justified in the use of such force to prevent the escape of the arrested person from custody as the officer or other person would be justified in using if the officer or other person were arresting such person. V. PROCEDURES DEADLY FORCE A. Purpose of statement 1. To delineate the Department's policy regarding the use of deadly force. OPS 03.4 2. To establish policies under which the use of deadly force is permissible. i B. Policy 1. Officers of the Iowa City Police Department may fire weapons to stop or incapacitate an assailant to prevent serious bodily injury or death. For this purpose and to minimize danger to innocent bystanders, the officer should shoot at the center body mass, whenever possible. 2. An officer may use deadly force to. protect him/herself or others from what he/she reasonably believes to be an immediate threat of death or serious injury. 3. An officer may use deadly force to effect the capture or prevent escape if: a. the person used or threatened to use deadly force in committing a felony, and b. the peace officer reasonably believes the person would use deadly force against a person unless immediately apprehended. 4. No distinction shall be made relative to the age of the intended target. 5. Waming shots by officers of the Iowa City Police Department are prohibited. 6. A verbal warning shall be utilized prior to an officer discharging a weapon unless it would compromise the safety of the officer or others. 7. Shooting at or from a moving.vehicle is prohibited, except under the following circumstances: a. When the occupant of the vehicle is utilizing deadly force against the police officer or other persons. r-..., --- ~') b. As a last resort to prevent death or serious injury to officers <g; other persons. ~o !; -. :::0 c. As a last resort. to apprehend a person who has just co~~ed \;l; felony resulting in death or serious injury. .c< h-: -0 ,~,::n :x ~,...,;." (J1 )> C') C) 11 ,,, , " r-' \_.J OPS 03.5 d. The discharge of firearms shall not be utilized when circumstances do not provide a high probability of striking an intended target or when there is substantial risk to the safety of other persons, including the risk of causing vehicle accidents. C. Injuries resulting from Use of force. 1. Officllrs shall render appropriate first aid to any person injured or complaining of pain following the use of force. 2. EMS will be summoned to the scene to ensure delivery of appropriate medical treatment when: ~~~ o '0'- 'So :;; ~p =3 ?J C)-~ ~ ~2l~:~; -0 l' ::l'C c. The nature or extent of the injury dictates. ?') 22 c..n ~/' .- "D- C Officers shall err on the side of caution, requesting EMS to respond C> to the scene if in doubt about the existence or extent of an injury. a. Requested by the subject(s) involved. \l b. The extent of an injury is unknown or not visible. - c- hi 'f-'-" 'J D. Surrender of firearm. When officers or employees discharge a firearm that results in personal injury or death to any person, the officer or employee shall surrender that firearm to his/her supervisor or a higher authority consistent with departmental directives. Firearms involved in police shooting incidents shall not be unloaded, cleaned, nor in any way altered from the condition immediately following discharge other than to make the weapon safe for transport. 1. When more than one officer or weapon has been involved in a shooting situation resulting in any injury or death, the involved weapons must be surrendered to the commanding officer in accordance with departmental directives. 2. The commanding officer receiving such firearm or firearms shall immediately secure and document the same as evidence. I F~~ I FTI-IAI FORCE A. Where deadly force is not authorized under this policy, officers should assess the incident in order to determine which less lethal technique will best de-escalate the incident and bring it under control in a safe manner. Officers shall use no more force than is reasonably necessary OPS 03.6 to gain control of an individual or situation. Officers are authorized to use force consistent with the Use of Force model. :B. Definition-Use of Force. Use of force is any contact applied by an officer that significantly restricts or alters the actions of another and/or compels compliance with the demands or instructions of the officer. This includes the use of restraint devices such as handcuffs. C. An officer shall use no more force than that officer reasonably feels is necessary in the performance of their official duties. Use of force by an officer is justified in, but not limited to, the following situations: 1. To protect the officer or others from physical harm. is ~q / "" ":'> c.:::J <:ro. ;p. '" ;;0 N 0) Il 2. To control an arrestee or a potentially violent person. 3. To restrain or subdue a resistant individual. ~) ~--l CO) ~-<t--'-- 1-:"1 ::2 5;:;2 ~ ~"'....... c..n Approved restraint devices are handcuffs (hinged and ch<!lii style);; f1excuffs and nylon leg restraints. Cl m o 4. To bring an unlawful situation safely and effectively under control. D. Officers shall render appropriate first aid or ensure medical treatment is provided to any person injured or complaining of pain following the use of force. :E. Officers shall offer medical treatment at a hospital to any non- combative person who has been exposed to a chemical irritant / OC spray. Officers shall decontaminate a person exposed to a chemical irritant and continue to monitor the condition of that person until they are no longer in the custody of the officer. ,NOTIFICATIONS A Any officer whose discharge of a firearm results in a serious injury or death shall immediately contact his/her supervisor. If this is not practical, the officer shall contact the on-duty patrol supervisor. The notified supervisor shall then contac-t tho following ifldividuals. 1. The involved officer's division commander. a. It shall be the Division Commander's responsibility to notify the Chief of Police. OPS 03.7 b. If the Division Commander cannot be notified, a watch supervisor shall notify the Chief of Police. 2. The County Attorney of the county in which the incident occurred. 3. The City Attorney. 4. The City Manager. 5. The Criminal Investigation Commander or his/her designee. ~ B. The on-duty watch supervisor shall be immediately ~tified~.! summoned to the scene of any incident where use of force r~rm.s i~ -:D. physical injury. )7 ~) ",._ () __ OJ C. The on-duty watch supervisor shall be immediately notified~~~n aj chemical irritatant / OC spray is utilized. n'::,~ c.fI.. ...~/ "5--:7 0 Y 0 .cn '...--i, \...) REPORTING USE OF FORCE INCIDENTS A. Discharge of Firearms-report required. . Any officer who discharges a firearm for any reason or purpose other than those exceptions listed in this section, shall make a written report to his/her immediate supervisor as soon as circumstances permit. This written report will then be forwarded through the chain of command to the Chief of Police for review. Exceptions to the requirement of a written report applies to the fOllowing circumstances in which no accident or injury results: 1. The discharge of firearms on firearm ranges or in an area for firearms practice. 2. Sporting events to include lawful hunting and organized shooting matches. B. When, in accordance with applicable law, it becomes necessary for an officer to discharge a firearm to destroy an animal which presents a danger or is seriously injured or ill, the offieer will, prior to dischllrgil.g the firearm, request permission to do so from the on-duty supervisor. If such action must be immediately taken in order to protect the officer's or another person's safety, the officer need not delay action in order to request this permission. The Watch Supervisor must be notified, OPS 03.8 however, immediately after the firearm is used. A Use of Force report is required. C. Review Committee Use of force incidents shall be reviewed by a committee consisting of a minimum of three sworn personnel. The committee shall consist of a Division Commander, the Sergeant of Planning and Research and/or Training Sergeant, and a third person designated by the Division Commander. This group will, at a minimum, meet every two months to review the Use of Force reports from the previous two months. 1. The purpose of this committee shall be to review all facts and reports concerning use of force incidents for: appropriateness of force used, for any training which may be necessary, and/or any need for policy changes. This committee will make recommendations on these matters to the Chief of Police. All shooting incidents, with the exception of the destruction of animals, shall be reviewed by a Division Commander and a committe~ made up of five members of the department. This committee shall include a Lieutenant, a Sergeant, and three officers. 2. The purpose of this committee will be to review all facts and reports concerning shooting incidents (absent destruction of animals, such cases being reviewed by the Use of Force Review committee) for appropriateness of force used, for any training recommendations which are necessary, and/or any need for policy changes. This committee will make recommendations on these matters to the Chief of Police. D. Reporting a Use of Force Incident. 1. A Use of Force report with a written narrative regarding any use of force incident will be included with an incident report. The report(s) shall contain the following information: a. Arrestee/suspect information. c. Description of actual resistance encountered. ------,r-, -j",-.l / .---" -:::-'1-:" .-'-:"'-,~, r\:::;:' ~"'^' );: r-~~ "'" = 0' ""'" "1:J :::0 N co 1:> ::;,;:: 11 o b. Incident number(s), date and time of incident, and rep~ng nffir:er - -, I- r-,"'-<,.- -- ,.-- >ll .---, ~J d. All required fields completed in Use of Force report. U1 o C> OPS 03.9 e. The force used by the officer to overcome the resistance and the specific weapon or technique used. f. A description of any alleged or actual injuries to either the officer or suspect. g. Pictures taken of any injuries to either the officer or suspect h. Exposure to Chemical Irritant / OC spray will additionally require the documentation of hospital treatment being offered, supervisor notification, and decontamination procedures. 2. When the only use of force is the application of handcuffs, double locked, no use of force report is necessary. The application of handcuffs, double locked will be documented on a written complaint or citation or in the body of an incident report. 3. A supervisor of the reporting person shall review the report for adherence to Department policy and procedure and document their cbnclusions. 4. All reports concerning use of force shall be forwarded through the chain of command to the Division Commander for review. E. At a minimum, the Chief of Police and/or designee will review all reports and incidents of force annually. A review of reE-orts ag!p incidents of force could reveal patterns or trends that indicaIel trainrgg needs and/or policy modifications. ~ S ;g . ~. '" INVESTIGATION OF USE OF FORCE RESULTING IN DEATH ~(; 0:> SERIOUS INJURY '-h1 ~ -- fl '-'''-'' U1 ~ /" ~.. A. When any member of the police department is involved in an ~idento resulting in death or serious injury, a thorough and 66jective 0 investigation of facts and circumstances will be initiated as soon as . practical by the Chief of Police's designees and completed as soon as practical. 11 - .,,- \ 'T\ '"._\ ',.j B. The Chief of Police or his/her designee shall decide whether the DCI and/or any other outside agency shall be called to assist in the investigation. C. If an incident resulting in death or serious injury which involves a sworn Iowa City police officer occurs in another police jurisdiction, the officer shall cooperate with that jurisdiction, as set forth in Iowa City Police Department directives. OPS 03.10 D. The on-duty watch commander/supervisor shall ensure that appropriate case reports are initiated and that potential evidence is preserved. E. The officer(s) involved in the death or serious injury may be relieved of field duty without the loss of payor benefits, pending the results of the departmental investigation. Other officers involved in the incident also may be relieved of field duty without loss of payor benefits at the discretion of the Chief of Police, while the investigation is pending: 1. The officer shall be available at all times for official interviews and statements regarding the case. and shall be subject to recall to duty at any time. The officer must receive permission from the Chief of Police, or the Chiefs representative, prior to leaving the metropolitan area. If such permission is given, the officer shall supply phone number(s) of their location and duration of their absence. 2. The officer will not discuss the case with anyone except the prosecuting attorney and/or persons designated by the Chief of Police or their designee. This does not prohibit the officer from discussions with their attorney. If the officer may be the subject of internal review or criminal charges their constitutional rights and administrative protections will be maintained. The officer will attend post-traumatic stress counseling at the discretion of the Chief of Police. 3. At the discretion of the Chief of Police, the officer may be returned to duty upon departmental receipt ofa letter from the counselor or mental health professional indicating the officer's fitness for duty. F. The investigation and administrative leave policy outlined herein is not intended to imply or indicate the officer has acted improperly, but is designed to safeguard the officer and the Department. . USE OF FORCE MODEL I ,...., o g G. The Chief of Police may appoint one or more individuals to ~ct a: separate yet parallel (administrative) investigation into a use'OfJorcfg incident to ensure all personnel followed departmental pol~le;.s:: a~ guidelines._ <' :',0 n, -0 -..- ...,.-- :x O~J ~^ U1 )> C> A. Police officers are given the unique right to use force, even deadlY force, against others for legitimate law enforcement purposes. The 11 I 'Tl , ,---, U OPS 03.11 right to use force carries with it an obligation to use that force in a responsible manner. Police agencies have an obligation to provide their employees with the policies, training, and tools necessary to accomplish their mission. Selection of a use of force response from the options articulated in this model will be based on: the skills, knowledge, and ability of the officer; the perceived threat and amount of resistance offered by a subject; and consideration of the situational framework. A defined Use of Force model will enhance the department's ability to manage the use of force and will benefit the officer by providing guidance, resources, and options. B. Officers of the Iowa City Police Department shall follow the principles of the Use of Force model. The model describes an escalation of force, which is based on a reasonable officer's perception of threat or resistance. As a subject's resistance escalates, more force options become available to the officer. When resistance stops, the officer must de-escalate, but only after control (e.g. handcuffing) is accomplished. Officers of the Iowa City Police Department must generally employ the tools, tactics, and timing of force utilization consistent with the Model's proscription and training protocols. Due to the fact that officer/citizen confrontations occur in environments that are potentially unpredictable, "tense, uncertain, and rapidly evolving" (Graham v. Connor, 109 S.Ct. 1865, 1872. (1989) the officer may utilize tools, tactics, and timing outside the parameters of the Model. However, these applications of force must meet the same test of reasonableness as those which have been previously identified and approved by the Department. "" = o ~ C. Reasonable officer's perception/Reasonable officer's respon~@3e ::;; attached matrix) Y =j ?:, ,,,' N ---;r- co ---i ::.~-: -n r~.- .:-.', f--r"< -0 ~. :-n r~ '-..J ~CF' ~. .'" ~7< Samuel arg ne, Chief of Police '!.' o o WARNING This directive is for departmental use only and does notapply in any critninalor civil proceeding. The department policy should not be construed as a creation of higher legal standard of ~afety or care in an evidentiary sense with respect to t~ird-party claims. Violations of this directive will only form the basis for departmental aqrninj~tratiy~ san,ctiOns. OPS 03.12 LEVEL ONE ,...., = Perception - Subject is compliant 0 ~ ~r'. """ ...-- \.) :...c Respol1lse - Cooperative controls (includes: mental preparatio",: --$Pat~ positiOl1ling, communications skills, handcuffing positions and te'~Cliques;> searching techniques, arrest and transport controls) ,--- ,:-. -0 \ \ -.r ;;::~ '-"J -- \l i ii1 ~.-\ ~J COOPERATIVE CONTROLS - i USE OF FORCE MODEL - FUNCTIONAL PROFILE COMPLIANT LEVELl COOPERATIVE CONTROLS I > PERCEPTION SKILLS MENTA~PREPARATION > RISK ASSESSMENT I > SURVIVAL ORIENTATION ! I > OFFICER STANCE SPATIA~ POSITIONING > BODY LANGUAGE > RELATIVE POSITIONING COMM~NICATION SKILLS > VERBAL > NON-VERBAL ! > WALL HANDC~FFING POSITIONS > STAN.DING I > PRONe I > KNEELING HANDCUFFING TECHNIQUE > CONTROLLED > WALL SEARC ING TECHNIQUE;S > STANDING > PMNE i > -KNEELING i > OPPOSITE SEX SPECIA~IZED TECHNIQUES > FRISK ! > STRIP ARREST TECHNIQUES > SINGLE OFFICER I > MULTIPLE OFFICERS ESCOR CONTROLS > SINGLE OFFICER > MULTIPLE OFFICERS TRANS~ORT CONTROLS > SINGLE OFFICER I > MULTIPLE OFFICERS , OPS 03.13 LEVEL TWO Perception - Subject is passively resistant RespQnse- Contact controls (includes: contact controls, conflict management techn~ques, mass formation arrest techniques (multiple officer lifts, stretchers, wheelchairs etc.) USE OF FORCE MODEL - FUNCIONAL PROFILE PASSIVE LeVEL II CONTACT CONTROLS ENFORCEMENT ELECTIVES I CONF ICT MANAGEMENT TECHNIQUES > SINGLE: SUBJE:CT > MULTIPLE: SUBJECTS CONT~CT CONTROLS > ARM > WRIST > HAND ARRE t TECHNIQUES > MASS FORMATION > ESCO~T tECHNIQUES > tRANSPORt tECHNIQUES ,..., "'" = or- .".. --0 ?:J 2 ~_.o i:>:=:': -~ N i~(~:) OJ :;-'(C, -0 I;' ::J: q~ <.f: :z:. 0 );;> <:::) Il - r...-' T' (--4 V OPS 03.14 LEVEL THREE Perception-Subject is actively resistant Response - Compliance techniques (includes: neuro-muscular controls, joint manipullation, nerve compression, chemical irritants, e.g. OC spray, controlled stopping devices for fleeing vehicle incidents) COMPLIANCE TECHNIQUES , USE OF FORCE MODEL - FUNCTIONAL PROFILE RESIStANT (Active) LEVEL III COMPLIANCE TECHNIQUES i ENFORCEMENT ELECTIVES: 1&11 COMPL~NCE CONTROLS > NERVECOMPRE$SION TECHNIQUeS > CHEMICAL IRRITANts, CROWD CONTROL CHEMICAL MUNitiONS > CONTROL TACTICS NERVEf-OMPRESSION TECHNIQUES: > HEAD > NECK NEUR -MUSCULAR CONTROLS > ARM ! > U;EG CONtRpL TACTICS > WRIST ROTATION > ELBOW LEVERAGE BICYCLE >, TAKE DOWN tECHNIQUES VEHICye PURSUIT TACtiCS > COMMUNICATIONS/ASSESSMENT SKILLS , > PACING/TRAILING TECHNIQuES '" 0 = = "" <0 ".. S -0 -,>-..-j Xl 11 -/ n .. N ,'W_ I."., '=iC'~ co --"..." ~- ill ('.,-, -0 3:J."J :x ,~ '-' ...... .~- '!.1 :2: /', )> 0 0 OPS 03.15 LEVEL FOUR Perception - Subject is physically assaultive and may cause bodily injury Resp<llnse- Defensive tactics (includes: personal weapon defense, e.g. hands, knee~, feet, active countermeasures, etc.; impact weapons. e.g. ASP, weapon retention techniques) USE OF FORCE MODEL - FUNCTIONAL PROFilE LEVEL IV DEFENSIVE TACTICS ENFORCEMENT ELECTIVES: I, II III i PERS?NAL WEAPON DEFENSES > HEAD > HANDS > ELBOWS > FEET > KNEES IMPA T WEAPONS ASP > STRIKES i LESS ~En-iAL WEAPONS , > IMPACT PROJECTILES > CANINE OPERATIONS > OTHER OPTIONS > FRONT > REAR > SIDE WEA N RETENTION TECHNIQUES (Le$$lethal) OTHE wEAPONS CANI E > CONTROL I APPREHENSION TECHNIQUES "Deployment of canine for apprehension/protection shall be preceded by actions of slilspect which are consistent with level 4 (Assaultive- Bodily Harm) behavior...., The ~xception to this is the deployment of canine for building searches e5 relat~ cir~mstances, where the suspect actions are not known. In this circu~@rlce".. ~".- -.::, procedures spelled out in the "Canine Operations" General Order (99-0if)~all:::o f)..... N be followed. : ", (""' co --; -. ) Il "..,'.,........- . ~. [-r; O~:; //': $ tn i"-1 '-..../ -0 ::l!: '!.' o o OPS 03.16 LEVEL FIVE Percepttion - Subject is assaultive and likely to cause SERIOUS bodily injury or death Respol(lse- Deadly force (includes: weaponlweapons attack defense, lethal force utilizatipn with service/supplemental weapons, forcible stopping techniques for assault with vehicle incidents) > WEAPON > WEAPONLESS > WEAPON RETENTION TECHNIQUES > SERVICE WEAPON > SUPPLEMENTAL WEAPON > OTHER OPTIONS > CONTACT > ROADBLOCK USE OF FORCE MODEL - FUNCTIONAL PROFILE ASSA L TIVE Serio s Bodil Harm/Death LEVEL V DEADLY FORCE ENFORCEMENT ElECTIVES; I, II, III & IV ATTACf DEF'ENSE i LETHA FORCE UTILIZATION OTHE OPTIONS: 1"0. OISLE STOPPING TECHNIQUES Q ?-::o ~1>---: ,--.,--<,' -...1 . ,.~c-:- c<r-.C- rn 022 <;:"^' S;; ,..., = = 0-. """ -0 ::0 N 0:> " ::x Ul o :2J r- i/1 r-, \...J ----"~~...~------,,.---,--,~~---~-_.~..-~----_._----- Fill ED lOW A CITY POLICE DEPARTMENT 2006 ~;t,R2 7 Pl1 I: 28 USE OF FORCE REPORT , February 2006 ('1-.',( (I ::U'I\/ I " '_.' ,-._,-~I I ~Wk[Eif' Ijj~ 60,20,18 020106 51 020206 31,511, 020206 55 020306 58,:;9 020406 59,48,19 020406 25 020506 95,30,55 020906 INC# 5420 5558 5742 5927 6012 6131 6175 6739 INCIDENT OWl Felony Traffic Stop Armed Subject Search Warrant Assault Stolen Vehicle Disorderly Conduct Building Search FORCE USED Subject had been placed under arrest and resisted handcuffing efforts. Officers used control techniques to place the subject in handcuffs. Officer drew sidearms when assisting in the arrest of a subject who had attempted to elude police. Subject was taken into custody without incident. Officers drew sidearms when responding to a report of a subject armed with a handgun. Subjects were taken into custody and searched without incident. Subject attempted to destroy evidence during a search warrant and refused to comply with Officer directives. Officers used control techniques to prevent further destruction of evidence and place handcuffs on the subject. Subject had been placed under arrest and resisted handcuffing efforts. Officers used control techniques to place handcuffs on the subject. Officers drew sidearms and a long weapon when stopping a vehicle that had been reported as stolen and had two occupants. Subjects were taken into custody without incident. Officer used control techniques to prevent a subject from assaulting another. Officers drew sidearms to search the residence of a subject involved in a shooting. The subject was not located. 58 58 51 19 38,06,52 27 36 56,13 44 021206 7277 911 Call 021206 7297 Disorderly Conduct 021206 7367 Traffic Stop 021206 7400 Theft 021306 7500 Armed Subject 022006 8644 Juvenile Complaint 022206 8920 Assault 022406 9283 Traffic Stop 022506 9445 Juvenile Complaint "'1'1,1\0\ ~I' .\ \(\ \Jl+O>\", )\,\,) i\\:'-' ...... . 7 ., \'.\I,,\~\j'llJ VJd' <6~ ~\ V,d . ("\' X \d \_....-' Subject had been placed under arrest and was in handcuffs. Subject refused to get into a squad car to be transported. Officers used control techniques to direct the subject into the squad car. Subject fled on foot from Officers after being told they were under arrest. After catching up with the subject Officers used control techniques to place them in handcuffs. Subject fled on foot during a traffic stop. Officer used control techniques to direct the subject to the ground and place them in handcuffs. Officer drew sidearm when confronting a subject who had been hiding in a closet during a search of a residence. The subject was taken into custody without incident. Officers drew sidearms and long weapons when they came into contact with a subject who was reported to be armed. The subject was taken into custody without incident. Subject was taken into custody and refused to get into a squad car to be transported. Officer used control techniques to direct subject into the car. Officer use control techniques to prevent a subject from assaulting them. Subject armed themselves with a knife during a traffic stop. Officers used control techniques to direct the subject out of the car and place them in handcuffs. Subject was damaging the property of another. Officer used control techniques to prevent the subject from causing additional damage and to place them in handcuffs. 09,3'1 022606 9554 Fight in Progress Officers exposed a subject to OC to prevent them from assaulting another. Subj eet also resisted handcuffmg efforts. Officers used control techniques to place the subject in handcuffs. 30,57,19 022706 9834 Traffic Stop Subject was placed under arrest and resisted handcuffmg efforts. Officers exposed the subject to a chemical irritant and used control techniques to place the subject in handcuffs. 13, 022806 9981 Intoxicated Subject Subject was placed under arrest and resisted handcuffmg efforts. Officers used control techniques to place the subject in handcuffs. ,...., 9 c, = .,,-, ,2.:0 X "1'-, - ~~ Il ~ = N c: -' , r'". -c in [;:'-1 j"--I () =~,~ ::t: (,J ~/.... ~ N CD lOW A CITY POLICE DEPARTMENT USE OF FORCE REPORT March 2006 OFFICf:R DATE INC# INCIDENT FORCE USED -12,31,09 030206 10179 Warrant Service Subject was wanted on an arrest - .~ warrant and attempted to run from N ;~~:~ Officers. Officers used control r~'\ techniques to prevent the subject from !_---, L:- , l.1.' I._Ll' running and place them in handcuffs. ,,...... --, N -~' ;~._,- Once handcuffed the subject then ~ -'. lL assaulted Officers by kicking and biting u8~ them. Officers used control techniques '.D (5 to place the subject in leg restraints to = prevent further assaults. ~:::.< ~-. (.......1 52 030306 10434 Injured Animal Officer used sidearm to dispatch an i~ured opossum. 81,58' 030806 11223 Suicidal Subject Subject attempted to harm themselves. Officers used control teclmiques to place the subject in handcuffs to be transported. Once handcuffed the subject then assaulted Officers by kicking them. Officers used control techniques to place the subject in leg restraints to prevent further assaults. 44,13 031006 11669 Traffic Stop Subject resisted a search of their person incident to an arrest. Officers used control techniques to secure the subject and complete the search. 18 031806 12785 Trespass Subject had been placed under arrest and put in handcuffs. Subject then refused to take a seat in a squad car to be transported. Officers used control techniques to escort the subject into the squad car. 31,09 031806 12794 Fight in Progress Subject was involved in a fight and assaulted an Officer trying to disperse the disturbance. Subject was placed under arrest and resisted handcuffmg efforts. Officers used control techniques and exposed the subject to a chemical irritant to place them in handcuffs. 20 031806 12795 Public Intoxication Subject was placed under arrest and put in handcuffs. Subject refused to be seated in a squad for transport. Officers used control techniques to escort the subject into the squad car. 12,25 031906 12944 Public Intoxication Subject had been placed under arrest and handcuffed for public intoxication. Subject resisted a search of their person -- ,-:( incident to this arrest. Officers used N -. control techniques to complete a search .r'" :;-.,. I~~'" of the person. Subject then refused to L-! ""'- '....J u. ". be seated in a squad car for transport. ~ -'.,~. , ",-, ....-. Officers used control techniques to iT escort the subject into a squad car. - Once at JCSO subject then refused to ('3 L~~:; exit the squad car. Officers used 6 control techniques to escort the subject out of the squad car. 37 031906 12969 Robbery Officer drew sidearm when responding to a report of a robbery in progress. Subject was taken into custody without incident. 16 032406 13722 Warrant Service Officer drew long weapon to take a subj ect into custody that was wanted on a felony warrant and trying to evade arrest. Subject was taken into custody without incident. 51 032506 13879 Criminal Mischief Subject fled on foot during a criminal mischief investigation. Officer used control techniques to direct the subject to the ground and place them in handcuffs. 33 032506 13967 Domestic Subject fled on foot during a domestic assault investigation. Officer used control techniques to direct the subject to the ground and place them in handcuffs. 35 032906 14567 Disorderly Conduct Officer drew expandable baton and used control techniques to prevent a subject from assaulting another. Subject was taken into custody without incident. vr,,',J:';''','I'\\\~ ~c~~':'~,0'Sf; , ,,.'.,,.,;.,,;'i~_'.\~,\,'l,")\,,\ , . Ii,~.' ..,~ -\\,~,:\, i"~c;~!\ c;}-0~ f>< \;-,-,.~-:-'~:\:>J ~\\!, ':.1'1:-,. ..-.//I"~," ,,~ _\"-__ "':'.\\ ""'},"'l~ ''''', d"" . ",":', i?;i)., ')i'~'JJ"'~ f,~!!",o~"~9.d;>~~~'t '1J:9:J:~i' ~/i' e/T,,,," J,j~ ~~,wJ!Z;;"" ..'in~ DEPARTMENT MEMO 06-14 TO: Chief Hargadine FROM: Captain Widmer REF: January-February Use of Force Review DATE: March 30, 2006 , The "Use M Force Review Committee" met on March 28, 2006, It was composed of Captain Widmer, ~gt Lord, Sgt Hart and Officer Mebus, The review of submitted reports for January (17 incidents-19 reports) and February (20 incidents-~9 reports) revealed no policy or training concerns. Ofthe 37 incidents, I was for the destructio~ of an animal and 5 were for drawn sidearm only (building search or felony stop), Officers a~e to be commended for their reporting during this period, No reports were noted to be returned f~r any discrepancies. Copy: City )\1anager, PCRB. Watch Commanders, Review Committee ......, 0 = = -- 0"' <:: 0 :ell: ;.-. -' ~ 11 -.C(' :;::;~ Cj <..) -, ,-'--', 0 , c .:-< ~ 'Il n-l -0 '-'~l ~-..,...., -:;;,.. o~ \...-1 <:: /', '-:? ..- j> C> ,i':,__~...~ ,:, L""" ~i_':.'.l.\ <"",'" - '\,i-,~\\__ -' ",;' I~ ",:>-'-" ..... '. .., 'x: p';, --..c'[ , '..\~'- l..j L l _ /~I ~\;,... ..-~Vl. ',0.:'1';: "'. ~.~ .~~~" '1-,;. MEMORPtNDUM I TO: File Captain Johnson, Field Operations .t:: Quarterly/Summary Report (Quarter 1)- IAIRlPCRB, 2006 FROM: RE: DATE: April 6, 2006 Attached Iyou will find the 2006 Quarterly Report, quarter 1, for the Iowa City Police I Department Internal Affairs/Police Citizen's Review Board investigative file. cc: PCRB Chief Hargadine ,,~ 0 .c;:::> r~ "" .......:::: c-:? :;::t... ....;;::.. J':.,. -u ?,:) Il I .. 0) :::-:~ :Tl , r-n ,.,.. ."".--, =i:: ---, ~., ~j '-~ ~;" ~-;: co )> C) Year: 2006 IAIRlPCRB Quarterlv-Summary Report- (Quarter 1) I.A.I. #:05-09 Incident Date:11-13-05 Location: Burli n/Dub Reason for Allegation: 1 )Improper conduct Disposition: 1) Not sustained PCRB #: none Incident Time: 2:15AM Date Assigned: 11.28-05 I.A.!. #:06-01 PCRB #: none Incident Date:02-04-06 Incident Time: 8:10AM Location: Washington/Clinton Date Assianed: 02-07-06 Reason for Allegation: 1) Differential treatment Disposition: 1) Unfounded loA.!. #:06-02 PCRB #: 06-01 Incident Date:01-06-06 Incident Time: 2:05AM Location: 10 Blk. N. Riverside Dr Date Assigned: 02-07-06 Reason for Allegation: 1) Improper Search Disposition: 1) Exonerated I.A.!. #:06-03 PCRB #: 06"()2 Incident Date:01-15-06 Incident Time: 1:50PM Location: 601 Hwy. 6 West Date Assianed: 03-06-06 Reason for Allegation: 1) Differential treatment 2) Improper Conduct Disposition: Pending '" 0 ~.." = ~ "" 5~ 0 :';':""lO "') Il -< = ~ I .-.- '" r- ,. . . ~. m ,'., :;p. .- ' ., 3.: :--1 C) _,i.j ',.1 K'~- ,h co ",:> )> I.A.I. #:06-04 PCRB #: none Incident Date: 03-15-06 Incident Time: 11 :OSAM Location: Hwy 6/Broadwav Date Assigned: 03.17-06 Reason for Allegation: 1) Improper demeanor 2) Differential treatment Disposition: Pending ,~ 6 c-'...:..') = <0 c,7' ~:~ ~ v :;c, -ll ,......, I '._-' r-- -I ..---. cr> '. ) , I-- ,ll . . iTI """ ,~ r-, :IJ =!: ,-./ -.J ;;, ~ co )> May 9, 2006 Mtg Packet PCRB COMPLAINT DEADLINES PCRB Complaint #06-01 Filed: Chief's Report due (90days): Chief's Report filed: PCRB Report due (45days): PCRB Complaint #06-02 Filed: Chief's Report due (90days): Chief's Report filed: PCRB Report due (45days): 02/03/06 05/04/06 04/28/06 06/12/06 03/02/06 05/31/06 POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS March 2006 Date Description 3-28 Complainant called and did not wish to be contacted again by the Police or PCRB. He stated he had received numerous letters from Police Department and PCRB and returned them. He had just received (final report) from PCRB and was going to return that. He indicated he did not wish to withdraw complaint, just no more contact. -----------~_.~_. ~ 4/3/06 ---------_._--~_._---' + POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS April 2006 Description Complainant called wanting to know status of complaint. POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (31 9 )356-5041 TO: City Council Complainant Stephen Atkins, City Manager Sam Hargadine, Chief of Police Officer(s) involved in complaint " ;'0 FROM: Police Citizens Review Board RE: Investigation of PCRB Complaint #05-04 DATE: March 21, 2006 [ This is' the'Report Of""the Police Citiz~n~Review Boa" ,r,d" 's, (the "Board") review of'- _the investigation of Complaint PCRB #05-04 (the :'Complaint"). Board's Responsibilitv Under the City Code of the City of Iowa City, Section 8-8-78 (2), the Board's job is to review the Police Chief's Report ("Report") of his investigation of a complaint. The City Code requires the Board to apply a "reasonable basis" standard of review to the Report and to "give deference" to the Report "because of the Police Chief's professional expertise" (Section 8-8-7B (2). While the City Code directs the Board to make "findings of fact", it also requires that the Board recommend that the Police Chief reverse or modify his findings only if these findings are "unsupported by substantial evidence", are "unreasonable, arbitrary or capricious" or are "contrary to a Police Department policy or practice or any Federal, State or Local Law", Sections 8-8-7B (2) a, Board's Procedure The Complaint was received at the Office of the City Clerk, November 22, 2005. As required by Section 8-8-5 of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chief's Report was due on January 31,2006 and was filed with the City Clerk on January 10,2006, The Board voted to review the Complaint in accordance with Section 8-8- 7B(1 ita), on the record with no additional investigation. The Board met to consider the Report on February 14, 2006. Findinqs of Fact The complaint alleges Officer A failed to properly investigate a disturbance complaint and used a condescending tone. The general facts of the incident, as follows, are not in dispute. On October 27, 2005, at approximately 1918 hours, the complainant reported a disturbance in the apartment above the complainant's. In the complaint filed with the PCRB the complainant described the disturbance as "... pounding, jumping, and stomping." Upon arrival of Officer A, there was no disturbance as described by the complainant. The complainant also mentioned vandalism to private property and related this to living noise. There was no further discussion of vandalism. On November 15, 2005, during the subsequent police department investigation, both Officer A and the complainant were interviewed. As per complainant's request, Officer A spoke with the complainant prior to speaking with the residents of the apartment above the complainant's. The complainant stated Officer A asked "Is this about the kids again?" and felt it was said in a condescending tone. Officer A maintained the conversation was professional in nature. The Internal Investigation Report, dated November 15, 2005, suggests prior complaints with police response. After speaking with the complainant Officer A went upstairs and spoke with a person in the apartment about the complaint. Officer A reported not hearing any type of disturbance while interviewing the complainant or speaking with the person at the apartment above the complainant's. The complainant did not state there was any type of disturbance while the officer was present. The complainant stated past similar disturbances have caused pictures to fall and ceiling light globes to fall to the floor. The complainant does not beliEiye the disturbance was normal household noise In the Interview Report dated November 15, 2005, the complainant stated there to be one actual complaint, that being the perceived condescending manner in ;.c which Officer A asked, "Is this about the kids again?" . Conclusion By unanimous vote, the Board set the Level of Review for this complaint at 8-8- 7(B)(1 )a, believing there to be enough information in the Chief's Report, and other attached materials, to allow the Board to come to an informed conclusion. The Board vote was 3-0 with 2 members of the Board absent. The Board finds allegation #1 to be not sustained. The officer responded to the call, spoke with the complainant prior to contacting the people in the other apartment, spoke to a person at the other apartment about the problem, and provided the complainant an alternative course of action to the problem. There is a question if the noise perceived by the complainant is a "disturbance" or is usual noise associated with multiple-story, apartment living. The Board further finds allegation #2 to be not sustained. From the interviews of the Officer and the complainant, it is evident that other complaints have been lodged by the complainant concerning disturbances and that Officer A had some knowledge of those complaints. This would account for the question, "Is this about the kids again?" Other than the words used there is nothing in the complainant's complaint or interview that suggests the tone used by the officer was condescending. It does suggest repetition of complaints which might lead to a perception of a condescending tone on the part of the complainant or an actual frustrated or condescending tone on the part of the responding officer. With the evidence before it, it is impossible for the Board to ascertain if either of these accurately portrays what occurred. The Board concludes the findings of the Chief of Police are supported by substantial evidence, are reasonable, not arbitrary or capricious, and are consistent to a Police Department policy or practice or any Federal, State or Local Law. Complaint #05-04 AlleGation # 1: Failure to properly investiGate a complaint Allegation #1 against Officer A is not sustained. AlleGation # 2: UsinG a condescendinG tone when speakinG to complainant Allegation #2 against Officer A is not sustained. Comment None. -'f ;',~-! ""- - ''"