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Home My WebLink About07-11-2006 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 July 11, 2006 - 5:30 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 06/12/06 . ICPD General Order #89-04 (Civil Rights) . ICPD General Order #00-01 (Search and Seizure) . ICPO General Order #00-02 (Harassment and Sexual Harassment) . ICPO General Order #00-03 (Less Lethal Impact Munitions) . ICPD Quarterly/Summary Report (Quarter 2) - IAIR/PCRB, 2006 . ICPO Use of Force Report - May 2006 OLD BUSINESS NEW BUSINESS . Meeting Times . City Code Section 8-8-6(E) I Policy & Procedure for extension requests 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 . August 8,2006,7:00 P.M., Lobby Conference Room . September 12, 2006, 700 P.M., Lobby Conference Room . October 10, 2006, 7:00 P.M., Lobby Corference Room . November 14, 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: July 7,2006 PCRB Members Kellie Tuttle Board Packet for meeting on July 11,2006 Enclosed please find the following documents for your review and comment at the next board meeting: . Agenda for 07/11/06 . Minutes of the meeting on 06/12/06 . ICPO General Order #89-04 (Civil Rights) . ICPO General Order #00-01 (Search and Seizure) . ICPO General Order #00-02 (Harassment and Sexual Harassment) . ICPO General Order #00-03 (Less Lethal Impact Munitions) . ICPD Quarterly/Summary Report (Quarter 2) - IAIR/PCRB, 2006 . ICPD Use of Force Report - May 2006 . PCRB Complaint Deadlines . PCRB Office Contacts - June 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 CALL TO ORDER: MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: DRAFT POLICE CITIZENS REVIEW BOARD MINUTES - June 12, 2006 Chair Greg Roth called the meeting to order at 5:34 p.m. Candy Barnhill, Elizabeth Engel, Loren Horton, Michael Larson None Legal Counsel Catherine Pugh and Staff Kellie Tuttle Cap!. Tom Widmer of the ICPD RECOMMENDATIONS TO COUNCIL (1) Accept PCRB Report on Complaint #06-01. CONSENT CALENDAR OLD BUSINESS NEW BUSINESS PUBLIC DISCUSSION BOARD INFORMATION STAFF INFORMATION EXECUTIVE SESSION Motion by Horton and seconded by Barnhill to adopt the consent calendar. . Minutes of the meeting on 05/09/06 . ICPD Use of Force Report - April 2006 Motion carried, 5/0. None. The Board reviewed and rnade changes to the draft of the annual report. Motion by Barnhill and seconded by Engel to approve the PCRB FY06 Annual Report as amended. Motion carried, 5/0. Motion by Horton and seconded by Larson to grant the 30-day extension to the Chief for PCRB #06-02. None. Barnhill would like to add two items on the next agenda. City Code Section 8-8-6(E) / Policy & Procedure for extension requests and Meeting Times None. Motion by Barnhill and seconded by Horton 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 inforrnation 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 PCRB June 12, 2006 Page 2 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 5:53 P.M. REGULAR SESSION Returned to open session at 6:18 P.M. Motion by Horton and seconded by Larsen to forward the Public Report as amended for PCRB Complaint #06-01 to City Council. Motion carried, 5/0. MEETING SCHEDULE . July 11,2006,5:30 P.M., Lobby Conference Room - Time Changed . August 8,2006,7:00 P.M., Lobby Conference Room . September 12, 2006, 7:00 P.M., Lobby Conference Room . October 10, 2006, 7:00 P.M., Lobby Conference Room Motion by Barnhill and seconded by Larsen to change the time of the July 11 meeting to 5:30 P.M.. Motion carried, 5/0. ADJOURNMENT Motion for adjournment by Horton and seconded by Larson. Motion carried, 5/0. Meeting adjourned at 6:22 P.M. :~OO"" r ';'- ,r-; """",tTj 11 II 11 11 11 zZ>>":I oOC"O"~ ..... :: 'J) 'J) 'J) ~ .... rtl ro I? 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I. PURPOSE )c~ C,_) The purpose of this order is to consolidate the policy of the Iowa City P'olice Department on civil rights as already expressed in current Department rules, directives, and other publications. This order will reaffirm the Department's determination to observe, uphold, and enforce all laws pertaining to the individual rights of each person without regard to age, race, color, creed, religion, sex, national origin, economic status, marital status, disability, sexual orientation or gender identity. II. POLICY It is the policy of the Iowa City Police Department to ensure that the civil rights of the citizens of Iowa City are upheld. Members of the department shall ensure that all constitutional protections are afforded those parties with whom the department is involved. LEG-01.2 III. PROCEDURES INDIVIDUAL RIGHTS A. All persons are guaranteed protection against unlawful arrest and unreasonable search or seizure. (see general order 00-01, Search and Seizure) 8. Department personnel shall uphold these rights by: 1. Taking a person into custody only when there is reasonable grounds to believe that: a. An arrest warrant exists for the person, or b. The person has committed or is committing a violation of ~(I~w. ~L -1 , c. The person may be a harm to themselves or others ,"0 2. Entering a private dwelling only when he/she: -C', ..'"1 , , .,---, j a. Has in his/her possession a search warrant authorizing hiJP/her tii:do so, or - . .~.:-- /" b. Has reason to believe that immediate entry is necessary to protect a person within such private dwelling from death or serious injury, or c. Can otherwise legally justify his/her action. 3. Taking from an individual only such property as he/she is legally authorized to take, and recognizing that he/she is responsible and must account for all such property. C. When making an arrest or searching and seizing property, Department personnel shall use only such force which is reasonable and necessary and in compliance with departmental directives pertaining to the use of force. (see general order 99-05, Use of Force) D. At all times Department personnel shall: 1. Never exhibit any bias or prejudice against any group or individual. 2. Act, speak, and conduct themselves in such a manner as to treat all persons with courtesy and with that respect due to every person as a human being. LEG-01.3 CITIZENS GUARANTEE A. All persons of this country are guaranteed the right to seek redress of grievances by: 1. Freedom of speech -. ~...~ 2. Peaceful assembly r"..,) -t'-: 3. Peaceful picketing ,--'I' ',:'- /' . '. B. The rights set out in paragraph A, above, while fundamental in our democratic society, do not mean that everyone with opinions or beliefs to express may do so at any public place and at any time. The constitutional guarantee of liberty implies the existence of an organized society maintaining public order, without which liberty itself would be lost in excesses of anarchy. The exercise of these rights of free expression must not: 1. Conflict with the governmental responsibility to keep public streets and public facilities open and available for public use. 2. Include the use of inflammatory remarks related to any instance where a clear and present danger of a riot against any person or group of persons exists. C. Resources of the Department will be employed to rapidly and decisively enforce statutes and ordinances which provide for the protection of the rights and property of all persons. 1. To the extent possible, Watch Commanders will assure that adequate staffing is available to control and maintain order in every instance where crowds have formed or are expected to form. 2. Police personnel in command at the scene of any assembly must be aware of their responsibility to afford protection to both participants and non-participants, and will deal with illegal acts promptly, decisively, and impartially. LEG-01.4 ARRESTED PERSONS A. All persons of this country, in keeping with our democratic processes, are guaranteed certain basic constitutional safeguards. These safeguards will not be denied any person even though he/she has committed, or is suspected of having committed, a criminal act. B. Department personnel will at all times be aware of a prisoner's rights and shall: 1. Permit the prisoner to communicate with his/her attorney and/or a family by making a reasonable number of telephone calls. 2. Expedite all necessary processing so the prisoner will be detained no longer than necessary. 3. Never use force or coercion in seeking admissions of guilt or confessions. 4. Recognize and respect the prisoner's right to refuse to give evidence against him/herself; however, there is no encroachment upon a prisoner's rights if he/she should voluntarily supply such information. RESPONSIBILITY ~- .., Each officer shall familiarize him/herself with the laws and Department directive~ ... I 'i pertaining to civil rights to insure his/her: ;:~ A. Recognition of each person's civil rights and .' i B. >, Compliance with all laws and Department directives relatinfto ciVi~~9hts. --.,' VIOLATIONS Violations of this policy may be the basis of disciplinary action up to and including discharge from the Department. Egregious violations of persons' civil rights may result in individual liability and/or criminal sanctions. ~~ S muel Hargad. ,Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of a higher legal standard of safety or care in an evidentiary sense with respect to third-party claims. Violations of this directive will only form the basis for departmental administrative sanctions. LEG 04.1 SEARCH AND SEIZURE Date of Issue January 10, 2000 General Order Number 00-01 I Effective Date June 29, 2006 Section Code LEG-04 I Reevaluation Date June 2007 I Amends / Cancels I CAL.E.A. 1.2.4 I Reference INDEX AS: Search Seizure Warrants Arrests Stop and Frisk ~! :,~ I C''I 'r/ I. PURPOSE " The purpose of this order is to provide members of the Iowa City Police. _ , Department with guidelines and background pertaining to search and s.ekure. ~~ 01 Tl ,'''-1 .J II. POLICY It is the policy of this department to conduct searches that are both legal and thorough. Such searches are to be conducted in strict observance of the Constitutional Rights of the persons being searched and with due regard for the safety of the officers involved. All seizures shall comply with all relevant state and federal statues governing the seizure of persons or property. LEG 04.2 III. DEFINITIONS A. Constitution of the United States of America: Amendment 4 The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized. B. Constitution of the State of Iowa: Article I. Bill of Riqhts Section 8. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated: and no warrant shall issue, but on probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons and things to be seized. IV. PROCEDURES Search and Seizure Without a Warrant I G' ;--j .,., ---, The Iowa City Police Department recognizes that "citizens have the rigBCto b~ free of unreasonable search and seizure" as afforded by the Constitutiqr,i of th@) United States. This Department will strive to ensure that all searches and" seizures meet current legal requirements. In recognition of this, the following guidelines are to be considered when making a determination to search without a warrant. A. Consent to Search: 1. Persons or property may be searched upon the consent of the person, owner or person in control of the property or item to be searched. The person giving consent must do so voluntarily. The officer is obligated to abide by any constraints placed on the search by the person. B. Exigent Circumstances: 1. An officer may search without a warrant when the public safety IS endangered or obtaining consent or a warrant is impractical C. Moveable vehicles which may contain evidence that may be removed or destroyed without a timely search being made: LEG 04.3 1. A vehicle may be searched if an officer reasonably believes that it may contain evidence of a crime, which may be destroyed or moved, and it is impractical to obtain a warrant. D. Stop and Frisk: 1. An individual may be frisked for weapons if an officer has an articulable concern for his/her safety. E. Inventory Searches of Impounded Vehicles: 1. Inventory searches of impounded or seized vehicles may be conducted for the purpose of documenting property contained in the vehicle. An inventory search should not be used when the primary reason is to obtain evidence. (see impound policy) F. Search Incident to Arrest: 1. When an arrest is made, the officer will conduct a search of the arrested person and the area in the immediate control of the arrested person for the purpose of ensuring the officers' safety, preventing the person from escaping, discovering the fruits of the crime, or discovering instruments or articles which may have been used in the commission of a crime or constitute evidence of an offense. This search must be contemporaneous in place and time. G. Plain View: 1. Officers may visually search items or property that are in plain view, provided that the officer has the right to be in the position from which the view was made. H. Crime Scene Search: 1. Depending on the location of a crime scene, consent or a warrant may be required prior to a search. (i.e. public v. private property) I. Officers may search persons on premises during the execution of a search warrant in order to protect their safety, prevent disposal or concealment of property subject to the warrant or to remove any items that could be used to effect an escape or resist arrest. 1. Officers may conduct warrantless searches in other situationS~~under applicable case law. (See training documentation) ,'j t~__~ Search and Seizure Pursuant to Warrant C'i 1 When an officer has probable cause to believe that a crime bas' be€J'1 committed on the premises to be searched, or that evidence of a cFff11e coal~ be located there and a warrantless search is not appropriate, officers sh'all obtain a search warrant prior to entry and search in accordance with applicable state law and procedures. (See training documentation.) ) LEG 04.4 If it is unclear if a situation falls into one of the above categories and an officer believes that there is need to search a person, location or item; the officer should consult with an on-duty watch supervisor. If a determination is not reached, the on-call County Attorney shall be called for advice on how to proceed. 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.;) (,]1 PER-02.1 HARASSMENT AND SEXUAL HARASSMENT Date of Issue JUNE 30, 2000 General Order Number 00-02 Effective Date June 29, 2006 Section Code PER-02 I Amends I Cancels I Reevaluation Date JUNE 2007 I CALEA. 26.1.3 I Reference f""_;; INDEX AS: Harassment Sexual Harassment Supervisor Responsibilities -> (-.' r__ Complaint Procedures ; i I (T\ -n .j I. PURPOSE .. - The purpose of this order is to maintain a healthy environment tif whic~all individuals are treated with respect and dignity and to provide procedures for reporting, investigating and resolving complaints of harassment and discrimination. Federal law provides for the protection of classes of persons based on race, color, sex, religion, age, disability and national origin. This policy, as well as City Ordinance, also protects persons based on their sexual orientation. II. POLICY It is the policy of the Iowa City Police Department that all employees have the right to work in an environment free of all forms of harassment by employees, whether sworn, civilian, or volunteer, as well as non-employees who conduct business with this agency. This agency considers harassment and discrimination serious misconduct. Therefore, the Iowa City Police Department shall take direct and immediate action to prevent such behavior, and to remedy all reported instances of harassment and discrimination. A violation of this departmental policy can lead to discipline up to and including termination. PER-02.2 III. DEFINITIONS Sexual harassment is unwelcome conduct which affects a term or condition of employment or creates an intimidating, hostile or offensive working environment. Sexual harassment may take the form of deliberate or repeated unsolicited verbal comments, questions, representations or physical contacts of either a sexual or non-sexual nature which are unwelcome to the recipient. Even harassment that is not of a sexual nature, if sufficiently pervasive and offensive, is prohibited in the workplace. Sexual harassment may also take the form of making or threatening to make decisions affecting an employee's job on the basis of an acceptance or refusal of a request for sexual intimacy. (See also, City of Iowa City Personnel Policies Manual.) IV. PROCEDURES Sexual harassment is a form of misconduct which undermines the integrity of the employment relationship. Such harassment is prohibited for all employees, regardless of their status, and includes supervisors, subordinates and co- workers. No employee, either male or female, should be subjected to such conduct. Sexual harassment may also be charged between same sex employees. Sexual harassment may take the form of verbal or physical conduct that has the purpose or effect of creating an intimidating, hostile, or offensive working environment. This type of prohibited activity may take the form of sexually explicit or vulgar language, sexual jokes or Innuendo, unwelcome touching and lewd gestures or physical conduct, but is not limited to such activity. It may also include more subtle actions which are directed at an individual. Racial, creed, ethnic, religious, age, sexual orientation, gender identity, national origin or disability harassment is also a form of serious employee misconduct, is prohibited for all employees, who are subject to disciplinary actiQI) up tg;c:and including termination for violations. '" , """1 PROHIBITED ACTIVITY 1. No employee shall either explicitly or implicitly belittle any person. I 0"\ ridicule, mock,,-deri~ or '.., .j 2. Employees shall not make offensive or derogatory commti:nts toc.:;-lmy person, either directly or indirectly, based on race, color, sex, religion, age, disability, sexual orientation or national origin. Such harassment is a prohibited form of discrimination under state and federal law and is also considered serious misconduct, subject to disciplinary action, up to and including dismissal from the Department. 3. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: . a. Submission to such conduct is made either explicitly or implicitly a term or condition of employment. PER-02.3 b. Submission to or rejection of such conduct by an employee is used as the basis for employment decisions affecting the employee: or c. Such conduct has the purpose or effect of unreasonably interfering with an employee's work performance or creating an intimidating, hostile or offensive working environment. 4. Individuals covered under the policy include all persons employed with the department, whether sworn or civilian. This policy also covers all volunteers and interns associated with the department. SUPERVISOR / EMPLOYEE RESPONSIBILITIES Each supervisor shall be responsible for preventing acts of harassment. This responsibility includes but is not limited to: 1. Monitoring the unit work environment on a daily basis for signs that harassment may be occurring; 2. Counseling all employees on the types of behavior prohibited, and the departmental procedures for reporting and resolving complaints of harassment; 3. Stopping any observed acts that may be considered harassment, and taking appropriate steps to intervene, whether or not the involved employees are within his/her line of supervision; and 4. Taking immediate action to prevent retaliation towards a complaining party and to eliminate any hostile work environment, where there has been a complaint of harassment, pending investigation. a. If a situation requires separation of the parties, care should be taken to avoid actions that appear to punish the complainant. b. Transfer or reassignment of any of the parties involved should be voluntary if possible and, if non-voluntary, should be temporary pending the outcome of the investigation. Each Supervisor has the responsibility to assist any employee of this department, who comes to that supervisor with a complaint of harassment, in documenting and filing a complaint with the Chief of Police for investigation. Each employee of this agency is responsible for assisting in the !J[€ventiP.\1 of harassment through the following acts: '- r,_} 1. Refraining from participation in, or encouragement of, actions that coujrJ perceived as harassment; be:':: 2. Reporting acts of harassment to a supervisor; and :i~; C_) Ul 3. Encouraging any employee who confides that he/she is being harassed or discriminated against to report these acts to a supervisor. PER-02.4 Failure of an employee to carry out the above responsibilities may be considered in any performance evaluation or promotional decision and may be grounds for discipline. COMPLAINT PROCEDURES 1. Any employee encountering harassment is encouraged to inform the harassing person that his/her actions are unwelcome and offensive. The employee is encouraged to document al! incidents of harassment in order to provide the fullest basis for investigation. 2. Any employee who believes that he/she is being harassed should report the incident(s) to their supervisor as soon as possible, so steps may be taken to protect the employee from further harassment, and appropriate investigative and disciplinary measures may be initiated. Where, in the opinion of the employee, this is not practical, the employee may instead file a complaint with another supervisor, the Chief of Police, or persons identified in the City of Iowa City Personnel Policies manual. In instances where the Chief of Police is accused of harassment, the assistant City Manager shall be notified and will direct the investigation. a. The supervisor or other person to whom the complaint is given shall meet with the complaining employee and document the incident(s) complained of, the person(s) performing or participating in the alleged harassment, witnesses to the incident(s) and the daters) on which it occu rred. b. The employee taking the complaint shall promptly submit a confidential memorandum documenting the complaint to the Chief of Police. ,'j j c..) c.n PER-02.5 4. The complaining party's confidentiality will be maintained throughout the investigative process to the extent practical and appropriate under the particular circumstances. 5. Complainants or employees accused of harassment may file a grievance/appeal in accordance with departmental procedures, applicable state law and union contract when they disagree with the findings of the investigation or disposition of the harassment claim. 6. This policy does not preclude any employee from filing a complaint or grievance with an appropriate outside agency. RETALIATION 1. There shall be no retaliation against any employee for filing a harassment or discrimination complaint, or for assisting, testifying or participating in the investigation of such a complaint. 2. Retaliation against any employee for filing a harassment or discrimination complaint or for assisting in the investigation of such a complaint is illegal and is prohibited by this department and by federal statutes. 3. Retaliation is a form of employee misconduct. Any evidence of retaliation shall be considered a separate violation of this policy and shall be handled by the same complaint procedures established for harassment and discrimination complaints. 4. Monitoring to ensure that retaliation does not occur is the responsibility of the Chief of Police, supervisors and the internal investigative authority. hief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of a higher legal standard of safety or care in an evidentiary sense with respect to third-party claims. Violations of this directive will only form the basis for cJepartm$Qtal administrative sanctions.'> ,.... r.-- I ~); (,,,:, en OPS-15.1 LESS LETHAL IMPACT MUNITIONS I Date of Issue MAY 12, 2000 I General Order Number 00-03 Effective Date June 5, 2006 Section Code OPS-15 Reevaluation Date MAY 2007 I CALEA 1.3.4 Amends / Cancels I Reference INDEX AS: Use of Force Less Lethal Use of Force Matrix ,-.; ~-, I I I. PURPOSE The purpose of this order is to identify the conditions under which officers, Il'lay deploy .~._; and use less lethal impact munitions. > > N _J )> :'-,) W II. POLICY The Iowa City Police Department places the highest of value on human life. The department is authorized and trained in the use and deployment of less lethal munitions. Less lethal munitions is a concept of planning and force application, which meets operational objectives, with less potential for causing death or serious physical injury than conventional police tacticslequipment. OPS-15.2 III. DEFINITIONS A Iowa Code, Chapter 704.2 defines less lethal munitions as: "projectiles which are designed to stun, temporarily incapacitate, or cause temporary discomfort to a person without penetrating the person's body." B. Kinetic Energy Impact Projectiles - Flexible or non-flexible projectiles (E.g. "beanbags"), which are intended to incapacitate a subject with minimal potential for causing death or serious physical injury, when compared to "conventional" rounds. ;) IV. PROCEDURES FOR USE -'T1 f'.) Less Lethal Extended Range Impact Weapons ~ -, EVALUATION OF LESS LETHAL PROJECTILES FOR USE Kinetic energy impact projectiles will be evaluated for use criteria: :~:; r-..) on the following A Accuracy 1. This is the primary consideration, since proper shot placement greatly assists in controlling the other two evaluation criteria. 2. This will be evaluated based on the anticipated ranges of deployment. 3. The minimal standard of accuracy of such a round is: a. 12 - inch group at 15 yards for the 12-gauge system. The group shall consist of 3 rounds. B. Effectiveness 1. This is the potential for the round to cause incapacitation and reduce the subject's ability to continue their inappropriate behavior. 2. The level of energy necessary to cause incapacitation creates the potential for injury, but when properly deployed, use should result in a low probability for causing serious physical injury or death. C. Potential for causing death or serious physical injury 1. The potential for causing death or serious physical injury with such projectiles is a reality. This potential IS greatly reduced when impacts to the head, neck and chest are avoided, and when appropriate medical examination is provided in cases where the subject is struck in an area that might conceal a closed injury. (including such areas as the chest, back, thoracic and abdominal cavities and groin) 2. When engaging a subject, the officer shall evaluate the effectiveness of each round after each shot. Compliance and/or incapacitation are the desired goal, and alternative target areas/response should be considered when rounds are not effective. Alternative target area/response considerations will be based on the circumstances the officer is encountering. OPS-15.3 TARGET AREAS A Less Lethal projectiles shall be delivered to suspect target areas based on the circumstances of the situation and the level of force authorized. The deployment of less lethal projectiles shall be in conformance with departmental training guidelines pertaining to recommended target areas. B. Head/Neck and Chest - Intentional impacts to these areas should be avoided unless the use of deadly force is justified, necessary and appropriate. USE OF FORCE CONTINUUM The Iowa City Police Department recognizes five levels of force. The use of less lethal impact projectiles are considered a level IV response (subject is assaultive), when deployed to areas of the subject's body that are considered unlikely to cause serious physical injury. In addition, less lethal projectiles may be used when a person is threatening death or serious injury to themselves. The use of these projectiles is recognized as a level V, Deadly Force, if intentionally deployed or directed at the head or neck. When assessing the appropriate use of force level, prior to the transition to less lethal projectiles, the officer shall consider in addition to other factors: A The level of force being confronted. B. The proximity/access of the subject to the officer or others. _~ll .",) DEPLOYMENT TECHNIQUES ~.,,!'I 'J_-. ' .-'-t <:/ "__J Weapons used for the deployment of less lethal munitions shall ba'laedicaP3d to that purpose. These weapons shall be clearly marked. The use of other'ihan less lethal rounds in these weapons is prohibited unless necessary to protect the life of the public or officer. When deploying less lethal munitions, the fallowing procedures should be adhered to: A Less lethal munitions should not be used at a distance of less than 15 ft (5 yards) from the target. With this in mind, the greater the distance, the less the accuracy. B. When practical, other officers involved in an incident in which less lethal munitions are deployed should be advised of the deployment prior to the discharge of the weapon. OPS-15.4 C. During the deployment of less lethal munitions, the officer in charge of the incident should constantly evaluate the option selected against changing circumstances. D. When practical, multiple tactics should be used to overwhelm the suspect I.e. less lethal may be used in conjunction with a distraction device or chemical agent E. A weapon loaded with less lethal munitions shall be treated with the same care and caution as weapons loaded with "lethal" munitions. F. Less lethal projectiles should not be employed without a cover officer with lethal munitions being assigned as an escort. If it is believed the subject is carrying a firearm, less lethal shall not be deployed without the use of a cover officer with lethal munitions. Officers shall only deploy those less lethal munitions which are provided by the r ' ~ department. ~..~ . - - "-- The deployment of less lethal munitions shall only be performed by thoseoffi~ers trained and showing proficiency in their deployment :"-J HANDLING OF INJURED SUBJECTS ---++1 ,'-::::-/, - .. Suspects who are struck by less lethal projectiles shall be secured rJlnd transported to a medical facility for examination and treatment If a projectile strikes a bystander, medical personnel shall be summoned to the scene, and the subject shall be encouraged to seek examination at a medical facility. REPORTING AND INVESTIGATION Officers shall complete a departmental Use of Force Report, in addition to any other applicable reporting requirements, after deploying less lethal projectiles. This includes those situations where the weapon is removed from the vehicle and not discharged. An investigation shall be conducted into any situation involving the firing of a less lethal projectile at a suspect. The investigation shall comply with departmental reporting directives contained in General Order 99-05, Use of Force. TRAINING Officers shall be provided training in the use and deployment of the departmental less lethal munitions prior to being allowed to deploy the weapons. On an annual basis, officers will receive refresher training in the use and deployment of less lethal munitions. OPS-15.5 ~~J-/ Sa uel argadi , Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of a higher legal standard of safety or care in an evidentiary sense with respect to third-party claims. Violations of this directive will only form the basis for departmental administrative sanctions. -- f\.) -" r'~,; .;:- IOWA CITY POLICE DEPARTMENT !: i i USE OF FORCE REPORT May 2006 , '-1 OF'FICER DATlf INC # 95 050206 21024 04.44 050306 21371 19 050306 21373 22,52,27,96,32 050506 21790 58 050606 21889 31,03,18 OS 1106 22795/22796 22,48,32,38,09 OS 1406 23572 88 051506 24002 INCIDENT FORCE USED Assault Officers used control techniques to stop an assault in progress and place the suspect in handcuffs. Welfare Check Subject was placed under arrest and resisted handcuffing efforts. Officers used control techniques and a chemical irritant to place the subject in handcuffs. Armed Subject Officer drew sidearm \vhen conhonting a subject that was in possession of a firearm. Subject was taken into custody without incident. Involuntary Committal Officers used control techniques 10 take an assaultive subject into cllstody so that they could be treated for a mental illness. Arrest Subject was placed under arrest and resisted handcuffing etlorts. Officers used control teclmiques to place the subject into handcuffs and escort them into a squad car. Car burglary/O\VI Officer drew sidearm when confronting a subject that was burglarizing a vehicle. Suspect \V<lS taken into custody \vithout incident. While being processed the subject later became combative and resisted handcuffing efforts. Officers used control techniques to place the subject in handcuffs. Involuntary C:oll1Illlttal Officers llsed control techniques to take an assaultive subject into custody so that they could recei ve treatment for a mental illness. Burglary Officer drew sidearm \vhilc confronting a burglary suspect. Suspect was taken into custody without incident. 59 16/23 19 60 34 29,47 34,93 51 04 051606 051806 051906 052406 052406 052606 052606 052706 053]06 23872 24078 24315 25049 25089 25452 25452 25618 2630] Trespass WaITant Service Armed Subject Intox Arrest WalTant Arres! Arrest Domestic Trespass Subject had been placed under arrest and handcuffed. Subject pulled a\v'ay from Officers and attempted to nUl away. Officers llsed control techniques to gain control of the subject and escort them into a squad car. Officers drew sidearms and long weapons while taking a subject into custody who was wanted on an arrest warrant for homicide. Suspect was taken into cLlstody v.'ithout incident. Officers used active counter measures and control techniques to disarm a subject that \vas armed with an edged weapon and attempting to harm themselves. Subject had been placed under arrest and handcuffed. Subject then refused to get into a squad car to be transported. Officer used active counter measures and control techniques to escort the subject into the squad car for transport. Subject fled on foot from Officers during a theft investigation. Officer used control techniques lo take the subject into custody and place them ill handcuffs. Subject was placed under arrest and resisted handcuffing efforts. Officers used control techniques to place the subject in handcuffs. 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 handcuft~" Subject \vas placed under arrest and resisted handcuHing efforts. Officer used control techniques to place the subject in handcuffs. Subject was placed under arrcst and resisted handcuffing efforts. Officer used control techniques to place the subject in handcuffs. ,/',":::.,"\""\'~, ,.t:,~~.:'.~~'.~\;~~~ '. <~:' ',\,.1 t\ C/ ;>-,-- ~ l' -',\lJ } .. \ '~/,., ".,,~ ,.,'->,";')~l; ~I~':";,~-~~,~>~' \../;.~ '~" I? I) LIC EO,,!? f~,,:. . 7~'& ~t./: ~,~) W:'.' "~~~" MEMORANDUM TO: File FROM: .~ Captain Johnson, Field Operations . U RE: Quarterlv/Summary Report (Quarter 2)- IAIRlPCRB, 2006 DATE: July 3, 2006 Attached you will find the 2006 Quarterly Report, quarter 2, for the Iowa City Police Department Internal Affairs/Police Citizen's Review Board investigative file. cc: PCRB Chief Hargadine _0 Year: 2006 IAIRlPCRB Quarterlv-Summary Report- (Quarter 2) I.A.I. #:06-01 PCRB #: none Incident Date:02-04-06 Incident Time: 8:10AM Location: Washington/Clinton Date Assigned: 02-07-06 Reason for Allegation: 1) Differential treatment Disposition: 1) Unfounded I.A.!. #: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: JlExorlerat~__~_~__ loA.!. #:06-03 PCRB #: 06-02 Incident Date:01-15-06 Incident Time: 1:50PM Location: 601 Hwy. 6 West Date Assi~med: 03-06-06 Reason for Allegation: 1) Differential treatment 2) Improper Conduct Disposition: 1) Unfounded 2) Unfounded " , '.'.' I.A.!. #:06-04 Incident Date: 03-15-06 Location: H 6/Broadwa Reason for Allegation: 1) Improper demeanor 2) Differential treatment Disposition: 1 )-Exonerated 2 -Exonerated PCRB #: none Incident Time: 11 :05AM Date Assi ned: 03-17-06 I.A.1. #:06-05 PCRB #: none Incident Date: 05-27-06 Incident Time: 10:00PM Location: Johnson County Date Assigned: 05-30-06 Reason for Allegation: 1) Improper conduct Disposition: Pending July 11, 2006 Mtg Packet PCRB COMPLAINT DEADLINES PCRB Complaint #06-02 Filed: Chief's Report due (9Ddays): 3D-Day Extension Request: Chief's Report filed PCRB Report due (45days): 03/02/06 05/31/06 06/30/06 06/27/06 08/11/06 POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS June 2006 Date Description None POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5041 !"',') TO: City Council Complainant Stephen Atkins, City Manager Sam Hargadine, Chief of Police Officer(s) involved in complaint FROM: Police Citizens Review Board GO .. j : -C) _.-- - j - - ., Ui -_l RE: Investigation of PCRB Complaint #06-01 DATE: June 12, 2006 This is the Report of the Police Citizens Review Board's (the "Board") review ~ the investigation of Complaint PCRB #06-01 (the "Complaint"). _.J Board's Responsibilitv Under the City Code of the City of Iowa City, Section 8-8-7B (2), the Board's job is to review the Police Chiefs 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 Chiefs 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, b, and c. Board's Procedure The Complaint was received at the Office of the City Clerk on February 3, 2006. As required by Section 8-8-5 of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chiefs Report was due on May 4, 2006 and was filed with the City Clerk on April 28, 2006. The Board voted to review the Complaint in accordance with Section 8-8- 7B(1 )(a), on the record with no additional investigation. The Board met to consider the Report on May 9, 2006 and June 12, 2006. Findinqs of Fact The complainant alleges that Officer A violated his 4th Amendment Right protecting him from unreasonable search and seizure when the officer requested him to submit to the two field sobriety tests. The general facts of the incident, as follows, are not in dispute. On Friday, January 6, 2006, at approximately 01 :05 hours, Officer A performed a traffic stop at the intersection of Riverside Drive and Iowa Avenue of a vehicle due to a faulty taillight, driven by the complainant. Iowa law allows a peace officer to test the driver of a motor vehicle when reasonable grounds exist to believe the driver may be intoxicated. Reasonable grounds were established for the following reasons: All parties interviewed agreed that Officer A would reasonably have detected the odor of alcohol coming from inside the vehicle; the complainant's red eyes; the time of day; and the location of the vehicle when first observed by Officer A. Computer Aided Dispatch shows the length of the traffic stop at 14 minutes. Officer A requested the complainant to perform the Horizontal Gaze Nystagmus Test and submit to a Preliminary Breath Test. The complainant stated that he agreed to perform the field sobriety tests. The complainant never stated he did not wish to perform the tests nor tried to seek protection against an unreasonable search or seizure under the 4th Amendment. Both tests indicated that the complainant was not impaired and had no evidence of alcohol in his system. The complainant was given a verbal waming regarding the taillight and was released from the scene. Conclusion By a vote of 4-0 with 1 member absent, the Board set the Level of Review for this complaint at 8-8-7(B)(1 la, 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 finds allegation #1 to be not sustained. The Board believes reasonable grounds did exist for Officer A to request the complainant to submit to the Horizontal Gaze Nystagmus Test and a Preliminary Breath Test. The Board concludes the findings of the Chief of Police are supported by substantial evidence; or are reasonable, not arbitrary or capricious; or are consistent with a Police Department policy or practice or Federal, State or Local Law. ; i G) 'I"; -;~} l~l -------, --.I <c-..~ / c. <- .;> (.'1 --,1 Complaint #06-01 Alleqation #1: Violation of 4th Amendment Riqht The board has no cause to suspect or believe that Officer A violated the 4th Amendment Right of the complainant. Allegation #1 against Officer A is not sustained. Comment On Wednesday, February 1, 2006, Officer A charged the complainant with "Vehicle for Hire - Liability Insurance." The PCRB complaint against Officer A was time stamped on Friday, February 3, 2006. In his closing statement to investigators, the complainant stated he would make his complaint go away if the charge against him was dropped. ~;!. i I Co) -c; , , ;~) .r;~. '..J )> c.n .-.l