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Home My WebLink About08-08-2006 Police Citizens Review Board AGENDA POLICE CITIZENS REVIEW BOARD August 8, 2006 - 5:30 P.M. LOBBY CONFERENCE ROOM 410 E. Washington Street ITEM NO.1 CALL TO ORDER and ROLL CALL ITEM NO.2 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED . Minutes of the meeting on 07/11/06 . ICPD General Order 00-05 (Off-Duty Conduct: Powers of Arrest) . ICPD Use of Force Report - June 2006 ITEM NO.3 OLD BUSINESS . Meeting Times . City Code Section 8-8-6(E) / Policy & Procedure for extension requests ITEM NO.4 NEW BUSINESS ITEM NO.5 PUBLIC DISCUSSION ITEM NO.6 BOARD INFORMATION ITEM NO.7 STAFF INFORMATION ITEM NO.8 CONSIDER MOTION TO ADJOURN TO EXECUTIVE SESSION based on Section 21.5(1 )(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. ITEM NO.9 MEETING SCHEDULE and FUTURE AGENDAS . September 12, 2006, 7:00 P.M., Lobby Conference Room . October 10, 2006, 7:00 P.M., Lobby Conference Room . November 14, 2006, 7:00 P.M., Lobby Conference Room . December 11, 2006, 7:00 P.M., Lobby Conference Room ITEM NO.10 ADJOURNMENT - _.-.----,..__.....--_._--_.._~--_.....__._--_...--- ---~_._-,-----~----_._---------_.- - ..-..----------.---.-. MEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City DATE: TO: FROM: RE: August 4, 2006 PCRB Members Kellie Tuttle Board Packet for meeting on August 8, 2006 Enclosed please find the following documents for your review and comment at the next board meeting: . Agenda for 08/08/06 . Minutes of the meeting on 07/11/06 . ICPD General Order 00-05 (Off-Duty Conduct: Powers of Arrest) . ICPD Use of Force Report - June 2006 . PCRB Complaint Deadlines . PCRB Office Contacts - July 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: STAFF ABSENT: OTHERS PRESENT: DRAFT POLICE CITIZENS REVIEW BOARD MINUTES - July 11, 2006 Vice-Chair Candy Barnhill called the meeting to order at 5:36 p.m. Elizabeth Engel, Loren Horton, Michael Larson Greg Roth Staff Kellie Tuttle Legal Counsel Catherine Pugh Capt. Tom Widmer of the ICPO RECOMMENDATIONS TO COUNCIL None. CONSENT CALENDAR OLD BUSINESS NEW BUSINESS Motion by Engel and seconded by Horton to adopt the consent calendar. . 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 . ICPO Use of Force Report - May 2006 Barnhill had a question regarding ICPO General Order #89-04 (Civil Rights). Page 3, Citizens Guarantee, Barnhill asked if this also applied to legal aliens. Widmer said he would check with legal counsel regarding the right to counsel, but what they were looking to do was insure that the citizens they served had rights. Motion carried, 4/0, Roth absent. None. Barnhill stated that she had asked the next two items to be on the agenda and would consider a motion to table the items until the next meeting so that all Board members could be present for discussion. Meetinq times - Motion by Larson and seconded by Horton to table the discussion until the next meeting so that all Board members could be present. Motion carried, 4/0, Roth absent. Citv Code Section 8-8-6rE) / Policv & Procedure for extension requests - Motion by Horton and seconded by Engel to table the discussion until the next meeting so that all Board members could be present. Motion carried, 4/0, Roth absent. PCRB July 11, 2006 Page 2 PUBLIC DISCUSSION BOARD INFORMATION STAFF INFORMATION EXECUTIVE SESSION REGULAR SESSION None. None. None. 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, 4/0, Roth absent. Open session adjourned at 5:47 P.M. Returned to open session at 6:07 P.M. Motion by Horton and seconded by Larson to set the level of review for PCRB Complaint #06-02 to 8-8-7(B)(1)(a), on the record with no additional investigation. Motion carried, 4/0, Roth absent. MEETING SCHEDULE . August 8, 2006, 5:30 P.M., Lobby Conference Room - Time Changed . September 12, 2006, 7:00 P.M., Lobby Conference Room . October 10, 2006, 7:00 P.M., Lobby Conference Room . November 14, 2006, 7:00 P.M., Lobby Conference Room ADJOURNMENT Motion by Horton and seconded by Larson to change the time of the August 8 meeting to 5:30 P.M. Motion carried, 4/0, Roth absent. Motion for adjournment by Engel and seconded by Larson. Motion carried, 4/0, Roth absent. Meeting adjourned at 6:09 P.M. ;~~O~ II II II II II 202>>''C., o C'C' - a CI.l CI.l ~ ~ ~ ~ t't) ","====== ~::a...~.......... t't) -. t'!'j a == ~ "" '" C' = ,. 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',\ ~ t" >.J:,I ,"".~",,-,~..;..>-....-:,/...:..-....]';', '~~Q_tt9J~~ji' *,~~_~"=_=-~"'~Z' ~/!i, ~.~ I~;~ ..",~.~./ ~ OFF-DUTY CONDUCT: POWERS OF ARREST Date of Issue Julv 21, 2000 General Order Number 00-05 Effective Date July 24, 2006 Section Code LEG-05 Amends / Cancels Reevaluation Date Julv 2007 I CAL.E.A. 1.2.5,1.2.6,1.2.7 I Reference Weapons o ~~~ '" C..:5 (~ <~ INDEX AS: Use of Force Arrests <..., = Tl / C) u.~ .::=~ C .~, ~<:-- r--:-: .:::~- "1"1 I. PURPOSE ~::.:: The purpose of this policy is to provide guidelines to police officers regard~ acceptable criteria for effecting an off-duty arrest. N (Jl ;no :-1: I !'-n ,".-'-, \..._j (J1 <J1 II. POLICY Off-duty officers are often faced with situations involving criminal conduct that they are neither equipped for nor prepared to handle in the same manner as if they were on duty. This may lead to unnecessary injuries to off-duty officers, and confusion for those on-duty officers arriving at the scene, In order to promote safety and efficiency, it is the policy of the Iowa City Police Department to determine and regulate those situations and locations within which a sworn member is permitted to effect an arrest while off- duty. LEG-05.2 III. DEFINITIONS Personally involved: An officer is deemed personally involved where the off-duty officer, a family member, or a friend becomes engaged in a dispute or incident involving a personal matter with the person to be arrested or any other person connected with the incident. This policy specifically cautions off-duty officers from using their designation as a police officer in situations where they are personally involved. Officers should remove themselves from any involvement in . such a situation and immediately contact on-duty personnel to handle. IV. PROCEDURES A. Liabilitv Protection Officers of the Iowa City Police Department have liability protection for the on and off-duty performance of official duties. This protection does not extend to acts intended to cause injury or damage, to willful or wanton acts or omissions, or to those actions that the officer knew, or reasonably should have known, were in conflict with the law or established policies of the Iowa City Police Department. B. Permitted Off-Duty Arrests When off-duty and within the legal jurisdiction of the City of Iowa City, an officer may make an arrest only when: 1. There is an immediate need to prevent a crime or apprehend a suspect; and 2. The crime would require a full custodial arrest; and 3. The arresting officer has in his/her possession, appropriate police identification. C. Off-Dutv Responsibilities 4. The officer is not perso.nallY involved in the incident underlying ~e arr~ or the opportunity and/or means to have on-duty officers safely ~oncf,and h dl t bl A :"'- , . <- an e were no reasona e. ... .7> :::c c: r-- II rv - . ". <J1 r--- ~<f':: :J::;. i"ri 1. While off-duty, the police officer is responsible for immediately~~rtirlany=J suspected or observed criminal activity, qualifying a serious mi~eme8ffilr or higher, to on-duty personnel. <J1 2. Despite the fact that a police officer has police powers 24 hours a day throughout the jurisdiction, except as allowed by this policy, off-duty officers should not enforce minor violations such as disorderly conduct, public intoxication, minor traffic violations or other nuisance offenses. On-duty personnel should be contacted to respond to the situation where an off-duty officer becomes aware of such violations and believes police intervention is necessary. LEG-05.3 3. Where an arrest is necessary, the off-duty-arresting officer shall abide by all departmental policies and procedures. D. Prohibited Off-Duty Arrests: When off-duty, an officer shall not make an arrest: 1. When the arresting officer is personally involved in the incident underlying the arrest and the handling by on-duty personnel is reasonable or 2. When engaged in off-duty employment of a non-police nature, and the officer's actions are only in furtherance of the interests of the private employer. E. Carrvino of Weapons When the officer has consumed alcoholic or intoxicating beverages. a. Officers are prohibited from carrying off-duty weapons when they expect to consume anv alcoholic or intoxicating beverage regardless of amount. b. If an officer decides to consume an alcoholic or intoxicating beverage, he/she shall secure their weapon in a securable area off the premises in which the alcohol is going to be consumed. If the officer is at his/her personal residence, he/she shall secure all department issued and department approved weapons prior to consuming alcohol. If) If) F. Review of Off-Duty Arrests Any officer conducting an off-duty arrest shall complete a report detailing the circumstances surrounding the arrest. This report shall include the name of the suspect, witnesses and other involved parties. This report shall be submitted to the on-duty watch commander, at the time of the incident, with a copy being fo~rded to the Watch Commander of the officer initiating the arrest for review. <- ,..... --- c? ~:? .., 1._'---1 _..J>....::- (':1 i-- >._ C) f---c,.- G~ o r-\ t__l LLJ ...,-- ~ LL It") ('oJ __.I = -, amuel Hargadi ,Chief of Police ~o c.~ ,;'-:;:. 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. lOW A CITY POLICE DEPARTMENT USE OF FORCE REPORT [~_1 Q C:::1 June 2006 ~ 0' <:0 '- ):> =-:~ (.::: 11 ,- OFFICER DATE INC# INCIDENT - FORCE USED.:' . '1:. -J -n 34 060106 26503 -< t' .. l Arrest Officers used control f"E~nqu~to i:J effect the arrest of a(s!)bWtt w&;:had ' ::to<(' 0 attempted to flee on ~ t and remst arrest. )> C> -J 20 060306 26811 Court Committal Officers used control techniques to take a resistive subject into custody on a court committal. 05 060506 27333 Weapons Offense Officer drew sidearm while investigating a report of a weapons offense and approaching subjects armed with a pistol. Subjects were taken into custody without incident 81 061406 28839 Domestic Officers used control techniques to prevent a suspect from interfering with the interview of victim. 48,52,59 061606 29291 Trespass Subject had been placed under arrest, handcuffed, and seated in the back of a patrol car. Subject then attempted to kick the windows out of the squad car and began hitting their head, Officers used control techniques and exposed the subject to a chemical irritant to prevent further attempts to damage the property of another and harm themselves 58 061806 29455 Bar Check Subject attempted to grab an Officer's sidearm. Officer used control techniques to prevent this. 60,05 062106 29998 Warrant Arrest Subject attempted to assault an Officer to prevent the arrest of another. Officer used active counter measures to deter the assault. Subj ect then resisted hand cuffmg efforts. Officers used control techniques to place the subject in handcuffs. 06,29,15 062206 30125 Assault Subject was placed under arrest and resisted handcuffing efforts. Officers used control techniques to place the subject in handcuffs. 57 03 062506 062906 30593 31093 Injured Deer Medical Assist Officer used sidearm to dispatch an injured deer. Officers used control teclmiques while taking a subj ect who was suffering from mental distress into custody so that they could be treated. :""--" 0 "', {~;::) ;2: "" 0 '- _J~:' - c:= -~ e- II .~ ~ - C) -.J -" :-< r--- T! r- ". .r.~. ::::=' ::t': r--1 'J \J ~- ,.rO-,. C3 :> $; a -.J August 8, 2006 Mtg Packet PCRB COMPLAINT DEADLINES PCRB Complaint #06-02 Filed: Chief's Report due (90days): 30-Day Extension Request: Chief's Report filed: PCRB Report due (45days): PCRB Complaint #06-03 Filed: Chief's Report due (90days): Chief's Report filed: PCRB Report due (45days): 03/02/06 05/31/06 06/30/06 06/27/06 08/11/06 08/04/06 11/02/06 POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS July 2006 Date Description 07-11 Individual called and asked a complaint form be mailed to him.