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HomeMy WebLinkAbout12-04-1997 ICPD Reports/Memos POLICY MANUAL OF THE IOWA CITY POLICE DEPARTMENT IOWa CITY POLICE DEPARTMENT EXECUTIVE ORDER The efficiency of the Police Department for enfoming the criminal law and many other regulations depends largely on the administrative principles of leadership, conduct and discipline. Each employee will be furnished with a complete copy of this manual or copy of those sections applicable to their position. Employees are directed to keep their copy in good condition and to make such additions as issued to them. Each member of the Department is directed to become thoroughly familiar with the contents of this Manual. Knowledge of the information contained herein may be used for promotional purposes. Violation of these writings may result in disciplinary action. Changes or additions may be made from time to time and shall become effective and part of this Manual when published. It must be kept in mind that no arbitrary guidelines can be established which will embrace all situations in the general discharge of police duties -- some things must necessarily be left to the judgment and discretion of the individual. However, that discretion must not be used without good reason and must be used consistently. All existing Manuals and Orders which are in conflict with the contents of the Policy and Operating Procedure Manual are hereby revoked. This manual contains policy and operating procedure; the Department Rules and Regulations will be contained in a separate manual. Nothing in this manual shall be construed to conflict with the Personnel Rules of the Iowa City Police Department. R. J. Winkelhake Chief of Police INTRODUCTION The introductory section of this Manual will set forth an overview of policy for the Iowa City Police Department. These brief policy statements will be amplified through the development of General Orders that will be keyed to other sections of this manual, The introduction section contains the basic management and operating philosophy of the Iowa City Police Department. The Department's written directives system is built upon this foundation. Policy is a statement of attitude, philosophy, intent and purpose of management. Policy guidelines are the general framework guiding police personnel in their day-to-day decision making. While policy covers the specific action the agency and its officers will take, it recognizes also that everything an officer does cannot be defined in a specific manner. There are too many variables. There are, however, broad patterns of action about which management can say, "unless there is good reason to do otherwise, here is how we want you to proceed." Policy permits justifiable deviation from the preferred guide. This latitude within policy for justifiable deviation is the major characteristic which distinguishe.s policy from rule. Rules must be followed or carried out the same way every time. One point must be made clear -- discretion or justifiable deviation is the exception. If deviation from general plans occurs frequently, then the policy is not directing and controlling the agency. Either the policy with such deviations has not been formulated properly, or it is not being communicated or enforced. Mana.qement will not accept deviation without iustification. Policy is formulated by analyzing objectives and determining through research those principles which will best guide the Department is achieving its objectives. Policy is based upon police ethics and experience, the desires of the community, policy direction from the City Council through the City Manager, and the mandate of the law. Policy is articulated to inform the public and Department employees of the principles which will be adhered to in the performance of the law enforcement function. GLOSSARY VALUE - A value is a quality of performance or accomplishment. Values are the basis for the determination of objectives and may be both ethical and functional. OBJECTIVES - An objective is a desired end for which effort is extended, and which, if attained, fulfills the purposes of the Department. Within each objective, there may be a number of ancillary objectives, each of which, if attained, contributes to the accomplishment of the police mission. POLICY - A principle, plan, or course of action, adopted by a government, organization, or individual, designed to influence and determine decisions and actions. PRINCIPLE - A principle is a conceptual guide arrived at through logical deduction by evaluating experience with a view toward the attainment of objectives. A principle may be of assistance in the exercise of judgment in a duty-related activity and may be both ethical and functional. PROCEDURE - A procedure is a method of performing an operation or a manner of proceeding on a course of action. It differs from policy in that it directs action in a particular situation to perform a specific task within the guidelines of policy. Both policies and procedures are objective oriented; however, policy establishes limits of action while procedure directs response within those limits. RULE - A rule is a specific prohibition or requirement which is stated to prevent deviations from policy or procedure. Rules allow little deviation other than for stated exceptions. 3 101 MOTTO OF THE DEPARTMENT. The motto, "To Serve and Protect All" states the essential purpose of the Iowa City Police Department. The Department protects the right of all persons within its jurisdiction to be free from criminal attack, to be secure in their possessions, and to live in peace. The Department serves the people of Iowa City, by performing the law enforcement function in a professional manner, and it is to these people that the Department is ultimately responsible. 102 PRIMARY OBJECTIVE. A community free from crime and disorder remains an unachieved ideal; nevertheless, consistent with the values of a free society, it is the primary objective of that ideal. In so doing, the Department recognizes both the constitutional and judicial limitations of police authority and the constitutional rights of all persons. It is not the role of the Department to legislate, to render legal judgments, or to punish. 103 FUNCTIONAL OBJECTIVES 103.1 PREVENTION OF CRIME. Peace in a free society depends on voluntary compliance with the law. The primary responsibility for upholding the law, therefore, lies not with the police, but the people. Since crime is a social phenomenon, crime prevention is the concern of every person living in society. Society employs full-time professional police to prevent crime, to deter it, and when that fails, to apprehend those who violate the law. Crime is a symptom of ills within society which are not the responsibility of the Department to cure. The Department is responsible, however, for interacting with the community to generate mutual understanding so that there may be public support for crime prevention. Community involvement is essential to facilitate a free flow of information between the public and the Department to assist in the identification of problem areas and to inform the public of crime statistics and trends. Additionally, knowledge of the community is necessary so that each Department employee may be instilled with a sense of concern .for the crime problems and law enfomement needs in his or her assigned area of responsibility. The prevention of crime remains as a basic obligation of society. When it becomes necessary to rely on police action to secure compliance with the law, society has failed in this responsibility. 103.2 DETERRENCE OF CRIME. While there are certain crimes that cannot be deterred, crimes committed against property and against innocent victims in public places are reduced by police patrol. Street crime is curbed by the potential criminal's fear of immediate apprehension or by the increased likelihood of detection. The deterrence of crime requires the investigation of behavior which reasonably appears to be criminally directed. In deploying patrol forces to deter crime and to inspire public confidence in its ability to ensure a peaceful environment, the Department must strike a balance between the desirable deterrent effect and oppression. In the long run, however, it must be the people, not the Department, who determine the limitations on their freedom. 103.3 APPREHENSION OF OFFENDERS. The administration of criminal justice consists of the identification, arrest, prosecution, punishment, and rehabilitation of a law violator, and it has as its objective the voluntary compliance with the law as an alternative to punishment. Once a crime has been committed, it is the duty of the Department to initiate the criminal justice process by identifying and arresting the perpetrator, to obtain necessary evidence, and to cooperate in the prosecution of the case. 4 As the certainty of swift and sure punishment serves as an effective deterrent to crime, the Department must diligently strive to solve all crimes and to bring the perpetrators to justice. 103.4 MOVEMENT OF TRAFFIC. To facilitate the safe and expeditious movement of vehicular and pedestrian traffic, the Department must enforce traffic laws, investigate traffic accidents, and direct traffic. To enforce compliance with traffic laws and to develop driver awareness of the causes of traffic accidents, the Department appropriately warns, cites, or arrests traffic law violators. Traffic accidents are investigated to protect the rights of the involved parties, to care for the injured, to determine the causes of accidents so that methods of prevention may be developed and, when a traffic law violation is discovered, to gather necessary evidence to prosecute the violator. The Department maintains intersectional control where necessary to direct vehicular and pedestrian traffic and to provide information to the public in assisting them to safely and expeditiously arrive at their destination. 103.5 RECOVERY AND RETURN OF PROPERTY. The actual costs of crime are difficult to measure; there cannot be a dollar value assigned to the broken bodies, ruined lives, and human misery which are its products. However, it is possible to observe the steadily mounting cost of lost and stolen property. This loss as well as the other costs of crime must ultimately be borne by its victims. To minimize the losses due to crime, the Department makes every reasonable effort to recover lost or stolen property, to identify its owners, and to ensure its prompt return. 103.6 PUBLIC SERVICE. Often, because there are not other public or private agencies available, the public relies upon the Department for assistance and advice in the many routine and emergency situations which develop in an urban society. For this reason and because there is frequently a potential for crime, the Department regularly responds to incidents where it is not foreseen that an arrest will be made. Saving lives and aiding the injured, locating lost persons, keeping the peace, and providing for many other miscellaneous needs ara basic services provided by the Department. To satisfy these requests, the Department responds to calls for service and renders such aid or advice as is necessitated or indicated by the situation. 104 RESOURCE OBJECTIVES 104.1 DEPARTMENT PERSONNEL. Police officers are frequently, required to make decisions affecting human life and liberty in difficult situations in which there is no opportunity to seek advice and little time for reflection. Law enforcement in a free and complex society requires an officer to have the stamina, intelligence, moral courage, and emotional stability necessary to fairly and impartially deal with human beings in many complicated and potentially explosive situations which he or she encounters. To obtain the caliber of personnel necessary to provide the public with professional law enforcement, it is essential that the Department participate in the recruitment and selection of potential officers. Thereafter, the Department must provide training for all officers and promote the most qualified. 104.2 UTILIZATION OF RESOURCES. Law enforcement is one of the most expensive and complex services provided by the City. The quality and extent of service provided is necessarily limited by available resources which are to a large extent dependent upon the revenue sources of the City. To ensure that the highest level of service is obtained from the resources at its disposal, the Department must make use of the most efficient management and budgeting techniques available. 200 PERSONAL CONDUCT 201 STANDARD OF CONDUCT. The Law Enforcement Code of Ethics is adopted as a general standard of conduct for officers of the Iowa City Police Department. LAW ENFORCEMENT CODE OF ETHICS Primary Responsibilities of a Police Officer. A police officer acts as an official representative of government who is required and trusted to work within the law. The officer's powers and duties are conferred by statute. The fundamental duties of a police officer include serving the community; safeguarding lives and property; protecting the innocent; keeping the peace; and ensuring the rights of all to liberty, equality and justice. Performance of the Duties of a Police Officer. A police officer shall perform all duties impartially, without favor or affection or ill will and without regard to status, sex, race, religion, political belief or aspiration. All citizens will be treated equally with courtesy, consideration and dignity. Officers will never allow personal feelings, animosities or friendships to influence official conduct. Laws will be enforced appropriately and courteously and, in carrying out their responsibilities, officers will strive to obtain maximum cooperation from the public. They will conduct themselves in appearance and deportment in such a manner as to inspire confidence and respect for the position of public trust they hold. Discretion. A police officer will use responsibly the discretion vested in the position and exercise it within the law. The principle of reasonableness will guide the officer's judgments and the officer will consider all surrounding circumstances in determining whether any legal action shall be taken. Consistent and wise use of discretion, based on professional policing competence, will do much to preserve good relationships and retain the confidence of the public. There can be difficulty in choosing between conflicting courses of action. It is important to remember that a timely word of advice rather than arrest--which may be correct in appropriate circumstances--can be a more effective means of achieving a desired end. Use of Force. A police officer will never employ unnecessary force or violence and will use only such force in the discharge of duty as is reasonable in all circumstances. Force should be used only with the greatest restraint and only after discussion, negotiation and persuasion have been found to be inappropriate or ineffective. While the use of force is occasionally unavoidable, every police officer will refrain from applying the unnecessary infliction of pain or suffering and will never engage in cruel, degrading or inhuman treatment of any person. Confidentiality. Whatever a police officer sees, hears or learns, which is of a confidential nature, will be kept secret unless the performance of duty or legal provision requires otherwise. Members of the public have a right to security and privacy, and information obtained about them must not be improperly divulged. Integrity. A police officer will not engage in acts of corruption or bribery, nor will an officer condone such acts by other police officers. 6 The public demands that the integrity of police officers be above reproach. Police officers must, therefore, avoid any conduct that might compromise integrity and thus undermine the public confidence in a law enforcement agency. Officers will refuse to accept any gifts, presents, subscriptions, favors, gratuities or promises that could be interpreted as seeking to cause the officer to refrain from performing official responsibilities honestly and within the law. Police officers must not receive private or special advantage from their official status. Respect from the public cannot be bought, it must be earned and cultivated. Cooperation with Other Officers and Agencies. Police officers will cooperate with all legally authorized agencies and their representatives in the pursuit of justice. An officer or agency may be one among many organizations that may provide law enforcement services to a jurisdiction. It is imperative that a police officer assist colleagues fully and completely with respect and consideration at all times. Personal/Professional Capabilities. Police officers will be responsible for their own standards of professional performance and will take every reasonable opportunity to enhance and improve their level of knowledge and competence. Through study and experience, a police officer can acquire the high level of knowledge and competence that is essential for the efficient and effective performance of duty. The acquisition of knowledge is a never-ending process of personal and professional development that should be pursued constantly. Private Life. Police officers will behave in a manner that does not bring discredit to their agencies or themselves. A police officer's character and conduct while off duty must always be exemplary, thus maintaining a position of respect in the community in which he or she lives and serves. The officer's personal behavior must be beyond reproach. 202 LOYALTY. In the performance of this duty to serve society, a police officer is often called upon to make difficult decisions. The officer must exercise discretion in situations where their rights and liabilities and those of the Department hinge upon their conduct and judgment. Officers' decisions are not easily made and occasionally they involve choices which may cause them hardship or discomfort. Officers must be faithful to their oath of office, the principles of professional police service, and the objectives of the Department. In the discharge of their duty they must not allow personal motives to govern their decisions and conduct. 203 CONDUCT UNBECOMING AN OFFICER. Police officers are the conspicuous representatives of government, and to the majority of the people a symbol of stability and authority upon which the citizens can rely. An officer's conduct is closely scrutinized and when his or her actions are found to be excessive, unwarranted, or unjustified, they are criticized far more severely than comparable conduct of persons in other walks of life. Since conduct of an officer, on or off duty, may reflect directly upon the Department, officers must at all times conduct themselves in a manner which does not bring discredit to the officer, the Department, or the City of Iowa City. 204 RESPECT FOR CONSTITUTIONAL RIGHTS. No person has a constitutional right to violate the law, nor may any person be deprived of their constitutional rights merely because they are suspected of having committed a crime. The task of determining the constitutionality of a statute lies with a court of proper jurisdiction, not with an officer who seeks to properly enforce the law as its exists. Therefore, an officer may enforce any Federal, State, or local statute which is valid on its face without fear of abrogating the constitutional rights of the person violating that statute. An officer who lawfully acts within the scope of their authority does not deprive persons of their civil liberties. The officer may, within the scope of their authority, make reasonable inquiries, conduct investigations, and arrest on probable cause. However, when an officer exceeds their authority by unreasonable conduct, this violates the sanctity of the law which they are swom tO uphold. 205 USE OF FORCE. in a complex urban society, officers are daily confronted with situations in which control must be exercised to effect arrests and to protect the public safety. Control may be achieved through advice, warnin.q, and persuasion, or by the use of physical force. While the use of reasonable physical force may be necessary in situations which cannot be otherwise controlled, force may not be resorted to unless other reasonable alternatives have been exhausted or would clearly be ineffective under the particular circumstances. Officers are permitted to use whatever force that is reasonable and necessary to protect others or themselves from bodily harm. 206 INTEGRITY. The public demands that the integrity of its law enforcement officer be above reproach, and the dishonesty of a single officer may impair public confidence and cast suspicion upon the entire Department. Succumbing to even minor temptation can be the beginning of a malignancy which may contribute to the corruption of others. An officer must scrupulously avoid any conduct which might compromise the integrity of the officer, a fellow officer, the Department, or the City. 207 ENDORSEMENT OF PRODUCTS AND'SERVICES. The Department's position of providing fair and impartial service dictates that each employee must scrupulously avoid using their official capacity, title, or position in the DePartment to endorse any organization, program, product, or service when such endorsement is not approved and required in the performance of their duties as defined by the Chief of Police. 208 COURTESY. Effective law enforcement depends on a high degree of cooperation between the Department and the public it serves. The practice of courtesy in all public contacts encourages understanding and appreciation; discourtesy breeds contempt and resistance. The majority of the public are law abiding citizens who rightfully expect fair and courteous treatment by Department employees. While the urgency of a situation might preclude the ordinary social amenities, discourtesy under any circumstance is indefensible. The practice of courtesy by an officer is not a manifestation of weakness; it is, on the contrary, entirely consistent with the firmness and impartiality that characterizes a professional police officer. 209 OFFICER CONTACTS WITH THE PUBLIC. In each of their contacts with the public, police officers must be aware that their actions, appearance, and statements are those of the Department. For that reason, and because of the inherent potential for conflict in many po[ice contacts, an officer must develop a fair, impartial, and reasonable attitude and pedorm tasks in a professional manner. Officers' statements must be the result of considered judgment and be absent from personal opinion, bias, or editorial comment. Extended conversation which reflects the officer's personal opinions will normally be considered inappropriate. 210 COMPLIANCE WITH LAWFUL ORDERS. The Department is an organization with a clearly defined hierarchy of authority. This is necessary because unquestioned obedience of a superior's lawful command is essential for the safe and prompt performance of law enforcement operations. The most desirable means of obtaining compliance are recognition and reward of proper performance and the positive encouragement of a willingness to serve. However, negative 8 discipline may be necessary where there is a willful disregard of lawful orders, commands, or directives. 211 USE OF INTOXICANTS. There is an immediate lowering of esteem and suspicion of ineffectiveness when there is public contact by a Department employee evidencing the use of intoxicants. Additionally, the stresses of law enforcement require an employee to be mentally alert and physically responsive. Except as necessan/ in the performance of an official assignment, the consumption of intoxicants is prohibited while an employee is on duty. Nor is an officer to consume intoxicants to such a degree that it impairs the officer's on-duty performance. 212 ATTENTION TO DUTY. As most police work is necessarily performed without close supervision, the responsibility for the proper performance of an officer's duty lies primarily with the officer. Officers carry with them a responsibility for the safety of the community and fellow officers. Officers must discharge that responsibility through the faithful and diligent performance of their assigned duty. Anything less violates the trust placed in the officer by the people, and nothing less qualifies as professional conduct. 213 FINANCIAL OBLIGATIONS. Public employees have stable incomes upon which they may forecast future earnings. For this reason, and because of public confidence in their responsibility, it is relatively easy for Department employees to contract financial obligations which, if not controlled, may become an impossible burden. Such financial distress may impair the individual's effectiveness and tend to bring discredit upon the Department. Employees should avoid incurring financial obligations which are beyond their ability to reasonably satisfy from their anticipated Department earnings. 214 REFUSAL TO WORK. The alternative to law and its enforcement is anarchy and its resulting devastation. An officer's commitment to public serve and professional ethics precludes the officer from engaging in strikes or similar concerted activities. For these reasons, police officers do not have the right to strike or to engage in any work stoppage or slowdown. It is the policy of this Department to seek the removal from office of any officer or civilian employee who plans or engages in any strike, work stoppage, or slowdown. 215 OUTSIDE EMPLOYMENT. The nature of the law enforcement task requires Department employees to have the ability to work irregular duty schedules which are subject to change in meeting deployment needs. Additionally, it is necessary that an employee have adequate rest to be alert during his or her tour of duty. For these reasons, and because certain occupations inherently conflict with an employee's primary responsibility to the Department, the Department may impose conditions on outside employment or may prohibit it altogether. Determination of the degree of limitation will be based upon the interest of the Department in furthering professionalism, protecting the reputation of the employee and the Department, and ensuring that the Department receives full and faithful service in return for its expenditure of resources. 216 EMPLOYEE GRIEVANCES. Effective management and respect for individual dignity require that employees have means available for the proper redress of grievances. A Department employee having a complaint relating to any matter affecting their employment is insured the right of review at succeeding levels of Department authority until the grievance is resolved. The right of an employee to file a grievance and its resulting administrative review promote efficiency and result in improved morale. Those positive benefits are negated if employees are reluctant to file a grievance. Therefore, no action of a formal or informal nature shall be taken by the Department against an employee, witnesses, or employee representative, merely for having filed a grievance, nor is such filing to be otherwise looked upon with disfavor by the Department. 9 217 COMMENDATIONS. The Iowa City Police Department expects a very high level of professional conduct from all employees; however, members of the Department frequently perform their duties in a manner exceeding the highest standards of the Department. The official commendation of such performance and the provision of appropriate publicity is to be provided by the Department to give full public recognition to those who have brought honor to themselves and the Department. 218 DISCIPLINE. It is essential that public confidence be maintained in the ability of the Department to investigate and properly adjudicate complaints against its members. Additionally, the Department has the responsibility to seek out and discipline those whose conduct discredits the Department or impairs its effective operation. The rights of the employee as well as those of the public must be preserved, and any investigation or hearing arising from a complaint must be conducted in an open and fair manner with the truth as its primary objective. The Department accepts complaints against its members and fully investigates all such complaints to the appropriate disposition. 219 WHEN TO TAKE POLICE ACTION 219.1 RESPONSIBILITY OF ON-DUTY OFFICERS. On-duty officers within the city limits, after considering the tactical situation, are to take all steps reasonably necessary and consistent with their assignment to effect the enforcement of penal provisions of the City, State and Nation, and to protect life and property. Officers on duty and outside of the city are fully responsible for City matters. On-duty officers outside of the city limits who become aware of a situation requiring police action must first consider the tactical situation, then take all steps reasonably necessary on police matters of direct concern to the City of Iowa City, 10wa. 219.2 RESPONSIBILITY OF OFF-DUTY OFFICERS. Under Iowa law both on- and off-duty officers have police authority as to any public offense committed or which there is probable cause to believe have been committed in their presence and with respect to which there is immediate danger to person or property, or the escape of the perpetrator of such offense. However, on-duty officers outside the city limits who are not acting within the scope of their employment as Iowa City Police Officers on matters of direct concern to the City and off-duty officers both inside and outside the city limits are to give first consideration to causing the appropriate action to be affected by the responsible law enforcement agency. Such officers should then act only after consideration of the tactical situation and of their possible liability and that of the City of Iowa City. 219.3 NO POLICE AUTHORITY OUTSIDE OF CITY. Peace officer powers of Iowa City Police Officers do not extend beyond this city except as provided for in Chapter 756 of The Code of Iowa. Officers who are outside the boundaries of this city on extradition or other matters of direct concern to the City are not to engage in police activities unless necessary in the performance of their duties as an agent of the City, and then only after consideration of the tactical situation. 10 300 COMMUNITY RELATIONS 301 GENERAL PROVISIONS. Community relations is based upon the principle that in a democratic society the police are an integral and indivisible element of the public they serve. Community relations is manifested by possible interaction between the people and the police and represents their unity and common purpose. A system of law and its enforcement is not superimposed upon an unwilling public in a free society; the law is created by the people themselves to control the behavior of those who would seek to interfere with the community welfare and existence. While the primary responsibility for the enforcement of the law lies with the people, the complexities of modern society and the inability of the people to personally cope with crime has required that they create the police service to assist in maintaining social order. The police represent only a portion of the total resoumes expended by the public to this end; however, this effect, frequently being restrictive of individual freedom, brings the police into contact with members of the public under circumstances which have a far-reaching impact upon the lives of the affected individuals. A citizen's encounter with the police can be a very frightening and emotionally painful experience, and under these cimumstances, the risk of a misunderstanding is very great. Minimizing this risk is a challenge intrinsic in each public contact by the Department. The Department must strive for the establishment of a climate in which an officer may perform duties with the acceptance, understanding, and approval of the public. Additionally, the willing and practiced participation of the people in enfoming the law is essential for the preservation of freedom. 302 INDIVIDUAL DIGNITY. A recognition of individual dignity is vital in a free system of law. Just as all persons are subject to the law, all persons have a right to dignified treatment under the law, and the protection of this right is a duty which is as binding on the Department as any other. An officer must treat a person with as much respect as that person will allow, and must be constantly mindful that the people with whom the officer is dealing are individuals with human emotions and needs. Such conduct is not a duty imposed in addition to an officer's primary responsibilities, it is inherent in them. 303 ROLE OF THE INDIVIDUAL OFFICER. Community relations is manifested in its most common form in the numerous daily encounters between individual officers and citizens. It is at this level that reality is given to the unity of the people and the police and where the greatest burden for strengthening community relations is placed. In dealing with people each officer must attempt to make the contact one which inspires respect for the officer as an individual and professional and one which generates the cooperation and approval of the public. While entitled to personal beliefs, an officer cannot allow their individual feelings or prejudices to enter into public contacts. However, since an officer's prejudices may be subconsciously manifested, it is incumbent upon the officer to strive for the elimination of attitudes which might impair their impartiality and effectiveness. 11 304 EQUALITY OF ENFORCEMENT. All persons in each area of the City have in common the need for the protection which is afforded by fair and impartial law enforcement. Additionally, as a person moves throughout the city, he or she must be able to expect a similar police response to their behavior wherever it occurs. Where the law is not evenly enforced, there follows a reduction in respect for the law and a resistance to its enforcement. In order to respond to varying law enforcement needs in the different parts of the city, the Department must have flexibility in deployment and methods of enforcement; however, enforcement policies should be formulated on a City-wide basis, and applied uniformly in all areas. Implicit in uniform enforcement of law is the element of even-handedness in its application. The amount of force used or the method employed to secure compliance with the law or to make arrests is governed by the particular situation. Similar circumstances require similar treatment in ail areas of the city and for all groups and individuals. To ensure equal treatment in similar circumstances, an officer must be alert to situations in which, due to a language barrier or for some other reason, the officer may be called upon to display additional patience and understanding in delaying what might otherwise appear to be a lack of response. 305 RESPONSIVENESS TO THE COMMUNITY. The Department must be responsible to the needs and problems of the community. While the Department's task is governed by the law, the policies formulated to guide the enforcement of the law must include consideration of the public will. This responsiveness must be manifested at all levels of the Department by a willingness to listen and by a genuine concern for the problems of individuals or groups. The total needs of the community must become an integral part of the programs designed to carry out the mission of the Department. 306 OPENNESS OF OPERATION. Law enforcement operations in a free society must not be shrouded in secrecy. It is necessary that there be full public disclosure of policies and an openness in matters of public interest. Consistent with protection of the legal rights of involved individuals, with consideration of the necessity for maintaining the confidentiality of Department records, and of other primary Department responsibilities, the Department is to disseminate accurate and factual accounts of occurrences of public interest. Additionally, the Department must strive to make known and accepted its objectives and policies. 307 INTERPERSONAL COMMUNICATION. To promote understanding and cooperation there must be interpersonal communication between members of the community and officers at all levels of the Department. Each employee must be aware of the law enforcement needs of the community and particular assigned area of responsibility. Guided by policy, an officer must tailor their performance to attain the objectives of the Department and to solve the specific crime problems in the area they serve. The Department must provide for programs to encourage productive diatogue with the public at all levels and to ensure that the unity of the police and the people is preserved. 308 TRAINING IN HUMAN AND COMMUNITY RELATIONS. The selection process for police officers is designed to choose the most qualified and to eliminate those who are physically, emotionally, mentally, or socially unable to serve. Those selected, however, are representative of the community at large and as such are subject to having the same prejudices and biases found in much of society. Exposure to crime and its aftermath can tend to harden and render insensitive officers whose sympathetic understanding is needed to properly perform their duties. t2 The Department must provide initial and continuing training in human and community relations to help officers avoid this hardening of attitude and to impart in each officer an understanding of total role in the community. 400 COMMUNITY AFFAIRS 401 NEWS MEDIA 401.1 ROLE OF THE NEWS MEDIA. A well-informed public is essential to the existence of a democratic nation. To effectively exercise franchise, citizens must be aware of current events and the state of government. A free press serves the public by supplying needed information by stimulating thought, and by providing a medium for expression. Crime, its results, and the efforts to combat it are all matters of continuing public concern. The Department is regularly involved in events at which members of the news media are properly present and performing their task of gathering information. 401.2 ROLE OF THE DEPARTMENT. The Department actively seeks to establish a cooperative climate on matters of public interest in a manner which does not hamper police operations. However, certain information must be withheld from the news media in order to protect the constitutional rights of an accused, to avoid interfering with a Department investigation, or because the information is legally privileged. 401.3 RESPONSIBILITY FOR THE RELEASE OF INFORMATION. When an event being investigated is of such a spectacular or unusual nature as to stimulate general community interest, the news media will be notified. Normally, it is the responsibility of a division commanding officer or the senior officer at the scene to make such notification; however, when there is an event of major proportions, the Chief of Police will assume responsibility for the release of information. 401.4 SCOPE AND CONTENT OF THE RELEASE OF INFORMATION. The scope and content of each release of information must be determined according to the facts of each situation. Generally, a description of the circumstances which is not legally privileged and which will not prejudice the rights of suspects or interfere with an investigation will be made. Such determination is made by the Chief of Police or by the senior officer at the scene after consultation with the investigating officer or other responsible authority. 401.5 WHERE A NEWSPERSON IS NOT AUTHORIZED. While a newsperson may be permitted in the area of a crime or a serious police incident, he/she does not have the authority to be within a crime scene or area which has been secured to preserve evidence or at any location where his/her presence jeopardizes police operations. 401.6 REQUESTING WITHHOLDING OF PUBLICATION. Newspeople may photograph or report anything they observe when legally present at an emergency scene. Where publication of such coverage would interfere with an official investigation or place a victim, suspect, or others in jeopardy, the withholding of publication is dependent upon a cooperative press, not upon censorship by the Department. Under such circumstances officers should advise the newspeople or their superiors of the possible consequences of publication; however, officers may not interfere with the newspeople's activities as long as that performance remains within the confines of the law. 13 402 PUBLIC INFORMATION 402.1 REQUESTS FOR INFORMATION. The public has an abiding interest in law enforcement and in the activities of the Department. The news media and members of the public frequently direct inquiries to the Department seeking information on a variety of subjects. While it is the aim of the Department to fulfill such requests, it is not always possible to do so. Whether to release information or to grant interviews will be determined according to the facts of each case. 402.2 COOPERATION FOR FEATURE ARTICLES OR PROGRAMS. Requests for Department cooperation in the preparation of articles for newspapers, magazines, and other publications will be individually considered, and, if approved, permission for the interviewing of Department personnel and the photographing of police facilities will be limited to the scope of approval. Officers participating in the preparation of such articles should ascertain the scope of approval and should be cautious not to exceed those limits. In any event, officers should exercise care and discretion so as not to make statements or convey information which, if later quoted, may create a misunderstanding or compromise the effectiveness of the Police Department. 402.3 RESPONSIBILITY OF OFFICERS TO SUPPLY INFORMATION. Frequently, due to public expectations and because of accessibility, an officer is called upon to supply information both related and unrelated to the law enforcement function. An officer should appropriately answer questions put to them or refer the person to the proper individual or agency for such answers, When a request is made of information about a police matter, an officer should decide if he/she is in possession of sufficient facts and qualified to respond, and whether the person making the request is a proper person to receive the information. Generally an officer should be open in dealings with the public, and unless there is reason to the contrary, the officer should supply requested information. The officer should, however, be cautious to avoid representing as fact that which is opinion. 402.4 PUBLIC INFORMATION PROGRAMS AND EDUCATION. The Department conducts various public information and crime prevention programs to educate the public and to eliminate specific crime problems. In addition, the Department cooperates in developing new programs in those areas where the relationship between any group, or the public as a whole, and the Department may be improved. In so doing, the probability of crimes being committed may be reduced and the effectiveness of the Department enhanced. 402.5 TOURS OF POLICE FACILITIES. Few people have an occasion to enter a police station or to witness activities which support line operations. To acquaint the public with the law enforcement task, the Department will host "open house," and upon request, conduct tours of police facilities. The scope of such tours will be dependent upon security requirements and personnel availability. 403 LABOR RELATIONS 403.1 DEPARTMENT ROLE IN LABOR DISPUTES. Negotiations and collective bargaining are legally recognized methods of peacefully settling labor disputes. In such disputes, it is not the function of the Department to deal with the issues involved; rather, it is the role of the Department to protect the rights of the public and the disputants by enforcing the law and by maintaining order. 403.2 IMPARTIALITY OF THE DEPARTMENT IN LABOR DISPUTES. Strikes and mass or circular picketing are not, in themselves, violations of the law. It is the illegal acts which sometimes arise from such activities which are the concern of the police. The effectiveness of 14 the Department in labor disputes is maintained by its remaining at all times impartial regarding the parties and issues involved and by taking appropriate action whenever criminal violations are observed or reported. 403.3 ENFORCEMENT OF LAWS AT LABOR DISPUTES, The Department seeks to minimize criminal violations connected with labor disputes by providing guidelines for the conduct of the parties and the area of the sidewalk to be used. These guidelines are discussed with management and labor officials at which time it is emphasized that the use of public sidewalks and roadways, the free access to public places, and the rights of persons to enter and leave private premises are to be preserved. In cases where there is a denial of those rights, the Department will take prompt and impartial police action. Violations of court orders and injunctions do not ordinarily constitute criminal offenses for which the Department will take enforcement action. 403.4 LIAISON WITH LABOR AND MANAGEMENT. The Department maintains special liaison with management and labor officials to obtain information and to explain the Department's policies and procedures in relation to labor disputes. By seeking the cooperation of the parties involved, tensions are reduced and self-discipline is encouraged so that the parties may police their own conduct. 404 LIAISON WITH CRIMINAL JUSTICE SYSTEM 404.'1 CRITICISM OF CRIMINAL JUSTICE SYSTEM. The Department shares responsibility with the Judiciary and other law enforcement and prosecution agencies in the criminal justice system. All elements of the system work toward cohnmon objectives and each element is functionally complementary. The cooperative and harmonious working relationships which are essential in attaining those objectives are impaired by unnecessary criticism of others engaged in the administration of criminal justice. For that reason officers should be aware of the effect upon law enforcement of any comments they make which might be interpreted as being critical of other law enforcement or prosecution agencies or individual members of the Judiciary. However, it is not intended that there be any infringement of an officer's right to express his/her personal views regarding the criminal justice system in general or any trends which seem destructive of its efficacy. 404.2 COOPERATION WITH OTHER LAW ENFORCEMENT AGENCIES. The Department will maintain a close working relationship with other law enforcement agencies, and will make available to them information concerning techniques and procedures developed or used by the Department. 500 LAW ENFORCEMENT OPERATIONS 501 THE NATURE OF THE TASK. Law enforcement operations consist of many diverse activities which are directed toward the attainment of Department objectives, Activities such as patrolling, conducting field interviews, and issuing traffic citations are not objectives in themselves; rather, they are methods of achieving the real objectives of preventing and deterring crime, arresting criminal offenders, and preventing traffic accidents. Decisions in law enforcement operations frequently must be made in an instant, and the lives of officers and others may depend upon the quality of those decisions. An officer is confronted in stress situations with both criminal and non-criminal behavior, and the officer must be capable of making a reasonable response in both cases. An officer must base his/her conduct and action in each instance upon the facts of the situation as they reasonably appear, relying upon the 15 officer's experience, training, and judgment to guide the officer toward morally justified and lawful decisions and actions. 502 POLICE ACTION BASED ON LEGAL JUSTIFICATION. What is reasonable in terms of appropriate police action or what constitutes probable cause varies with each situation, and different factors may justify an investigation, a detention, a search, an arrest, or not action at all. The requirement that legal justification be present imposes a limitation on an officer's action. In every case, an officer must act reasonably within the limits of his/her authority as defined by statute and judicial interpretation, thereby ensuring that the rights of both the individual and the public are protected. 503 ALTERNATIVES TO PHYSICAL ARREST, BOOKING, OR CONTINUED DETENTION. Once a violator has been identified, it is the function of the Department to initiate the criminal process; however, there are circumstances when a crime may occur and the Department will not make a physical arrest. There may be a report written and an application for a complaint made; or in some cases, when the offense is of a minor nature, a verbal warning or other direction may be given. The decision to not make an arrest will be guided by Department policy and the factual situation involved, not by the personal feelings of the officer. An arrest does not dictate a booking, and booking does not dictate continued detention. When circumstances so indicate, an arrestee should be released without being booked, and if booked, should be released from further detention. 504 CALLED FOR SERVICES 504.1 PROFESSIONAL STANDARD OF SERVICE. The Department cannot be aware of each circumstance in the city in which police action or assistance may be required. The Department is dependent upon members of the community for such information. The people in return expect the Department to respond to requests for police service within a reasonable time and to satisfactorily perform the necessary service. A person calling for police assistance expects, as a matter of right, to be provided with a service, As a practical matter, the extent of the service may necessarily be limited, but, regardless of its extent, a professional quality of service must be rendered in all cases. 504.2 PRIORITY OF HANDLING CALLS FOR SERVICE. It is not always possible for the Department to respond to every call for service; therefore, the Department must organize available resources to give the highest level of efficient service possible. Priority of call assignment depends on many factors, and it is normally the responsibility of communications personnel to make such assignments; however, an officer in the field may be required to decide whether to continue on an assigned call or handle a citizen's complaint or other observed event and cause a call to be reassigned. Such determination should be based upon the comparative urgency and the risk to life and property of the assigned call and the intervening incident. When it is impossible for an officer to handle a citizen's complaint or an observed event, the officer should, if circumstances permit, either give direction for obtaining such assistance or initiate the necessary notification. 505 PRELIMINARY INVESTIGATION 505.1 SCOPE OF PRELIMINARY INVESTIGATION. The scope of preliminary investigation by a uniformed officer may be very restricted or it may constitute the entire investigation of the crime. In a particular crime, the scope of the preliminary investigation may be limited to investigative policy, and in all cases it is limited by an officer's assignment workload. Consistent with other responsibilities, an officer should continue a preliminary investigation to the point where the delay 16 in investigation caused by the report being processed will not materially jeopardize the investigation. 505.2 FOLLOW-UP INVESTIGATION BY UNIFORMED OFFICERS. Uniformed officers may conduct a limited follow-up investigation upon supervisory approval when there is a reasonable chance of apprehending the suspect, when there is a need for obtaining additional information for the preliminary investigation report, or when there are other compelling circumstances. 506 CIVIL DISPUTES. Officers are frequently called to the scene of civil disputes where no crime has been committed. The presence of officers at such scenes is primarily to preserve the peace and to prevent a crime from occurring; it is not to give legal advice. Officers should avoid becoming unnecessarily involved in civil disputes and may advise the parties to seek the advice of leRal counsel. 507 FIELD SUPERVISION. Since emergency situations occur without warning, and their duration is often brief, officers must frequently make critical decisions without benefit of on-the- scene direction. In most police operations, however, supervision is available and necessary to provide guidance and training. Supervision gives coherence to the police task and directs the energies of the Department into an organized effort. Proper supervision is essential to maintain a professional level of competence in law enforcement operations. 507.1 SUPERVISION IN FIELD OPERATIONS. The Department is an organization with an assignment of responsibility and accountability throughout the rank structure. To the degree that a senior officer is responsible and accountable for the performance of his/her junior, the officer must be granted commensurate authori{y in order to properly discharge supervisorial responsibility. Field supervision begins with the senior police officer of the Department, and it is upon them that the primary burden of training and supervising less experienced officers is placed. A field sergeant is the first level of supervision, and it is his/her primary responsibility to guide, train, direct, coach and counsel those over whom they have control. A field sergeant is not normally expected to engage in law enforcement operations except in a command or supervisory capacity. However, there may be assigned exceptions to the above. 508 COMMAND RESPONSIBILITY AT POLICE SITUATIONS. Command of Department resources at a police situation rests with the field commander or the assigned supervisor. Such person has the authority to direct the operation and is responsible for its outcome. A command officer may make suggestions; however, they may not actively direct the operation unless they properly relieve the subordinate of command. A senior command officer at an emergency scene who does not choose to take command may be held accountable for unfavorable developments which they could have prevented by assuming control. Exception: At the scene of a barricaded suspect, the provisions of Section 517.2 of this Manual apply. Crime Scene Supervision - the senior investigator or crime scene technician present is in charge of a crime scene. 509 FOLLOW-UP INVESTIGATION 509.1 INVESTIGATION OF REPORTED CRIMES. Follow-up investigation consists of efforts to interview victims and witnesses; locate, identify, and preserve physical evidence; recover stolen property; identify, locate, interview, and arrest suspects; present the case to the prosecutor; and cooperate in the prosecution of the defendant. Such investigations are conducted to produce evidence relating to the guilt or innocence of any suspect and to recover property. 17 509.2 ALLOCATION OF RESOURCES TO FOLLOW-UP INVESTIGATIONS. As it is not feasible to expend equal time and energy in the investigation of all reported crimes, priority of investigation and allocation of resources must be based upon the relative seriousness of each reported crime. However, reported crimes will be investigated to the fullest extent possible without regard to the status of the victims or the areas of the city in which the crimes occur. 510 INFORMANTS 510.1 USE OF INFORMANTS. Often, information from confidential sources is the investigative lead which solves a case and without which there could not be a prosecution. Information is received by the Department regarding criminal activities and suspects from persons in all walks of life. Many people who give information have been victims or witnesses of crimes, or they may have a strong desire to aid law enforcement. There are others motivated purely by selfish interests. However, regardless of their motivation, the use of informants is a basic weapon in the fight against crime, and they are a judicially recognized soume of information. An informant's motivation should be carefully evaluated in determining the extent upon which the information will be relied. 510.2 INFORMANT'S IMMUNITY FROM PROSECUTION. Informants will sometimes offer to exchange information for immunity or for their release. Such immunity may properly be granted by a judge in a judicial proceeding or the County Attorney's Office; however, neither the Department nor any of its members may grant ar~y person immunity from prosecution. 510.3 INDIVIDUAL INVESTIGATOR'S INFORMANT RESPONSIBILITIES. Officers should keep their supervisors informed of the relations and activities involving informants. A commanding officer may require that the identity of informants be disclosed to them. 511 CONDUCT OF UNDERCOVER OFFICERS. In order to obtain information and evidence regarding criminal activities, it may be necessary that the Department utilize undemover operators, Such operators shall not become "Agents Provocateurs" or engage in entrapment. The officers shall not commit any act or omit to perform any duty imposed by law which would constitute a crime. 512 DEPARTMENT RESPONSE TO IMPENDING RIOT. When the City is confronted with a situation which may escalate into a riot, the Department must establish control of the situation by reacting quickly and committing sufficient resources to control the situation. Control must be established in all parts of the involved area so that there are no areas into which the Department cannot go. Law violators must be arrested and their prosecution sought. Finally, the Department must remain in the affected area with adequate personnel and equipment for a sufficient period of time after order is restored to convince all concerned that additional outbreaks will not be tolerated. 513 POLICE ACTION OF SCHOOL CAMPUSES. It is neither the intention nor the desire of the Department to suppress or restrain lawful activity, either on or off campuses. The Department will expend whatever resources are necessary to protect the rights of any person or group to conduct a peaceful and lawful demonstration at any location within the City. However, unlawful activity, whatever its guise, requires prompt and effective action by the Department. The Department will take appropriate legal steps to discourage unlawful acts. The tactics employed by dissidents engaged in disruptive activities frequently include efforts to draw the police and other public officials into responses likely to produce violence and injury to 18 participants and thus garner support for their cause. It is therefore incumbent upon the Department to cope with disruptive situations in a professional manner which will minimize the potential for violent confrontations. 514 USE OF FIREARMS 514.1 NECESSITY THAT OFFICERS BE ARMED. As long as members of the public are victims of violent crimes and officers in the performance of their duties are confronted with deadly force, it will remain necessary for police officers to be properly armed for the protection of society and themselves, 514.20 REASON FOR THE USE OF DEADLY FORCE. An officer is equipped with a firearm to defend the officer or others against deadly force. An officer does not necessarily shoot with the intent to kill; the officer shoots when it reasonably appears necessary to prevent the individual from completing what he/she is attempting. When a firearm is used by an officer, it must be with the realization that the death of some person may occur, not necessarily with the intent that such will be the result. 514.30 JUSTIFICATION LIMITED TO FACTS KNOWN TO OFFICERS. Justification for the use of deadly force must be limited to what reasonably appears to be the facts known or perceived by an officer at the time the officer decided to shoot. Facts unknown to an officer, no matter how compelling, cannot be considered in later determining whether the shooting was justified. 514.40 SELF DEFENSE AND DEFENSE OF OTHERS. The law of justifiable homicide authorizes an officer to use deadly force when it reasonably appears necessary to protect the officer or others from what reasonably appears as an immediate threat of great bodily harm or from imminent peril of death. The.policy of the Department does not limit that law. 514.50 SHOOTING AT FLEEING MISDEMEANANTS. Officers may not use deadly force to effect the arrest or prevent the escape of a misdemeanant. 514.60 FIRING WARNING SHOTS. Warning shots should not be fired in an attempt to induce the surrender of a suspect. 515 HOSTAGES. Criminals who use hostages to effect their escape are desperate individuals who, if allowed to escape, will pose a continuing threat to their hostage and to the public at large. Assurance that a hostage will be released unharmed is a meaningless promise. The Department does not have the ability to protect the safety of a hostage who is allowed to be removed from the presence of officers. The safety of hostages can be best assured by keeping them in the presence of officers and by preventing their removal by the suspect. Officers should use every verbal and tactical tool at their disposal to secure the arrest of the suspect without harming the hostage. However, officers should realize that exceptional situations could arise where considered judgment might dictate allowing removal of a hostage, such as where there is imminent and probable danger to a large group of persons. 516 OFFICERS SURRENDERING WEAPON. Police officers may be at the mercy of an armed suspect who has the advantage but experience has shown that the danger to an officer is not reduced by the officer giving up their gun upon demand. Surrendering their weapon might mean giving away their only chance for survival; therefore, an officer should use every tactical tool at their disposal to avoid surrendering their weapon. 517 BARRICADED SUSPECTS 19 517.10 TACTICAL PLAN. A barricaded suspect poses an extreme danger not only to officers who seek to arrest him/her, but to other persons as well. Good judgment demands that a tactical plan be developed rather than immediately rushing a barricaded suspect. " Officers should seal avenues of escape and call for assistance. Once the suspect is isolated, time is to the benefit of the officers, and the full resources of the Department are available to assist officers in removing the suspect from the location. To minimize the possibility of injury to officers and others, appropriate special equipment and trained personnel should be requested as needed. If possible, an effort should be made to contact the suspect in an attempt to persuade the suspect to voluntarily surrender before force is used. 517.2 SUPERVISION AT SCENE OF BARRICADED SUSPECT. When a suspect is located as the result of a follow-up investigation, the senior investigative officer at the scene is in command, until the arrival of the Watch Commander. In situations which develop from radio calls or spontaneous activities, the senior uniformed officer present is in command, until the arrival of the Watch Commander. 517.3 USE OF CHEMICAL AGENTS. To minimize injury to suspects, officers, and others or to avoid property damage, the use of a chemical agent, such as tear gas, may be necessary in circumstances where a serious danger to life and property exists and other methods of control or apprehension would be ineffective or more dangerous. The Watch Commander has the responsibility for determining the need for the use of a chemical agent and the authority to direct its deployment. In no event, however, can authorization for the use of a chemical agent be given by an officer below the rank of Sergeant. The use of a chemical agent for crowd or riot control must be authorized by an officer of the rank of Captain or higher. 517.4 DEPLOYMENT IN ANTICIPATION OF THE COMMISSION OF A CRIME. The purpose of deploying officers at the scene of an anticipated crime is to arrest the perpetrator of the attempted or consummated crime; however, since that objective is subordinate to the protection of life, officers should not subject themselves or other innocent persons to unreasonable risks. 518 TRAFFIC ENFORCEMENT 518.1 TRAFFIC ENFORCEMENT OBJECTIVE. The traffic enforcement objective of the Department is to reduce traffic accidents and injuries and to facilitate the safe and expeditious flow of vehicular and pedestrian traffic through the public's voluntary compliance with traffic regulations. The Department seeks to achieve this objective through a combination of education and enforcement. The Department seeks to educate the public regarding traffic regulations through programs aimed at exposing specific problems, by publishing traffic and warnings of changes in regulations prior to taking enforcement action. The Department will take enforcement action upon the detection of an illegal and potentially hazardous act without regard for such factors as attitude, intent, or frivolous excuse. Enforcement action may consist of a warning, citation or physical arrest. 518.2 VIOLATOR CONTACT. Traffic violation enforcement is one of the many routine tasks performed by officers, but for violators it frequently is an emotionally traumatic experience, in many cases this is the only contact that a person has with our Department. Officers should be 20 aware of these conditions and should strive to make each contact educational and to leave the violator with the impression that the officer has performed a necessary task in a professional and friendly manner. 518.3 NON-RESIDENT VIOLATORS. Since the Uniform Vehicle Code is now being followed by a majority of the states, non-residents are rarely subjected to unfamiliar traffic signs or inconsistent regulations. Therefore, unless the traffic regulation violated is one unique to the Iowa City area, no immunity should be granted because a person is a non-resident. 518.4 ENFORCEMENT OF PARKING REGULATIONS. Street parking is restricted in various areas of the City to ensure fair access to parking and to expedite the flow of vehicular traffic. All existing parking regulations will be enforced with reasonableness and impartiality in all areas of the city. 519 DEPLOYMENT FOR TRAFFIC ENFORCEMENT 519.1 SELECTIVE ENFORCEMENT. The Department conducts statistical and visual surveys to determine by location, time, and day of week which violations are causing accidents. Based upon the information obtained, the Department deploys its personnel to those specific areas to observe violations and to take enforcement action. In addition, when the Department receives complaints of a specific traffic problem in a particular area, it specifically assigns personnel to investigate and take necessary enforcement action. 519.2 VISIBLE PATROL. Any tendency of motorists knowingly to violate traffic laws is deterred by open and visible patrol, and the number of traffic accidents is correspondingly reduced. However, when there is an unusual or continuing enforcement problem at a particular location, officers may park in a conspicuous location and observe traffic. 519.3 ACCIDENT INVESTIGATION. The investigation of serious traffic accidents is necessary, not only to determine traffic law violations, but also to obtain engineering data, to protect the rights of the individuals involved, and to assist in traffic education. 520 VICE AND NARCOTIC ENFORCEMENT 520.1 VICE ENFORCEMENT. The people through their elected representatives have decided that criminal sanctions should be imposed against certain behavior which has been traditionally labeled as "vice". The Department is charged with the enforcement of all criminal statutes including those defining vice offenses. Where vice conditions are allowed to continue, they are soon exploited by organized crime and the money obtained is often used to finance other criminal ventures. To prevent the spread of vice conditions, the Department will take aggressive enforcement action against all commercialized vice activities, against those vice activities which have been complained of, and against conspicuous vice conditions which appear on the streets and in the public places of the city. 520.2 NARCOTIC ENFORCEMENT. It is the objective of the Department to enforce all local, State and Federal statutes which prohibit the possession, use, or traffic in narcotics, non- prescription dangerous drugs, and other restricted or prohibited substances. Through a combination of aggressive enforcement and public education, the Department seeks to prevent and deter the use and possession of, and traffic in, all substances within the city. In so doing, the Department may also conduct investigations outside the city in cooperation with appropriate law enforcement agencies. 21 To prevent the spreading use of narcotics and other dangerous substances, the Department engages in public education programs to inform people about the effects and hazards of drug abuse. Additionally, the Department provides the public with factual information with which to make decisions regarding the use of drugs and to assist members of the public in recognizing symptoms, and indications of drug use in others. An understanding and appreciation of full effect and extent of drug abuse is essential for success in overcoming its threat. By working with the community, the Department seeks to engage the people in a cooperative attack on this critical problem. 600 ADMINISTRATION 601 GENERAL PROVISIONS. Department administration involves the efficient and economic management of an organization which performs its functions through the acts of its employees. Department functions involve the interaction of people, not only within its ranks, but in all personal contacts between its employees and members of the public. Department administration is, therefore, occupied to a large extent with improving the ability of its employees and the public they serve. Recognition of the human factor is an administrative challenge in the Department's effort to provide a consistent and professional police response to the community's law enforcement needs. Department personnel are required to make decisions involving the public and other employees in response to both administrative and operational problems. The decision process involves more than loyalty; it requires an insight into the objectives and purposes of the Department, its duty under the law and to the people, and the manner and means by which the task is to be performed and the objectives achieved. The decision must be a balance of involved interests, considering what is best for the public, the Department, and any individual involved. That decision must then result in effective action directed toward the accomplishment of the Department's objectives. The requirement that such insight be exercised is implicit in all decision making, and it is the thread which binds the complex and difficult law enforcement task into a coordinated and effective force. 22 602 COMMAND RESPONSIBILITY. A commanding officer has responsibility and accountability for every aspect of his/her command. Commensurately, within policy guidelines and legal constraints the commanding officer has the authority to coordinate and direct assigned personnel and other allocated resources in achieving organizational objectives. In so doing, the commanding officer must perform the full range of administrative functions, relying upon policy, direction, training, and personal initiative to guide them and their command in achieving the highest level of performance possible. 603.1 TRANSFER OF COMMAND. Upon assuming a new assignment and continually thereafter, a command officer should critically evaluate all aspects of their command. They must review existing policies, procedures, and programs to determine if the need for which they were enacted remains unchanged. Existing budget requests should be reviewed to ensure that any changes made or contemplated have not rendered the requests obsolete. Upon a change of command, the commanding officer being replaced has a duty to lend their full assistance in making the command transition as smoothly and orderly as possible. Orientation of a new commanding officer should include information concerning unique problems of the command and assistance in continuing community and professional contacts relative to the command. 603.2 COMMAND CONCERN FOR EMPLOYEE WELFARE. The nature of command is such that there must be coexisting loyalty to the management of the Department and to subordinates. The resolution of those loyalties, in a manner which benefits both the Department and the individual, and which avoids conflicts between the two interests, requires the exercise of leadership. An interest in employees and their welfare is a responsibility of command, which may extend beyond morale problems and their effect upon an individual's performance. It includes a concern for the personal problems, desires, and interests of the employees and positive assistance in resolving those problems or in achieving their goals. However, commanding officers should be cautious to avoid interfering where assistance is not required or desired. 603.3 COMMUNITY LIAISON BY COMMAND OFFICERS. Command officers have a responsibility to maintain professional and community contacts as they relate to the responsibility. As a representative of the Department, command officers must take an active role in the community and participate in identifying, and providing for its law enforcement needs. 604 PLANNING RESPONSIBILITY. It is essential that there be planning in the police service. From the Chief of Police, who must devise long-range plans involving the entire resources of the Department, to the patrol officer, who must discuss an operational plan with their partner while en route to a call, there exists an imperative for planning which is so great that it merges with the action itself. The requirement that an employee plan of action is commensurate with the degree of his/her responsibility and accountability for the results of the action. In the performance of their duties, officers are confronted with an infinite variety of circumstances which require police action. In an attempt to utilize collective experience and research in assisting officers to deal with such diverse situations, the Department formulates procedures to direct action in certain generalized situations. As officers are routinely confronted with the unusual, it is impossible to provide standing procedures for officers to follow in each individual situation; therefore, officers must additionally be provided with policy guidelines to assist them in the necessary exercise of discretion. The combination of policy and procedures, reinforced by training, acts to provide officers with a structurally sound framework within which to function. 23 In addition to developing standing procedures, the Department must regularly devise single-use plans to accommodate specific needs. These plans may involve a Department-wide response to a major unusual occurrence or a tactical answer to an isolated police incident. Once executed, such plans should be evaluated for the development of standing procedures or for future reference in similar situations. 605 SCOPE OF PLANNING. While each plan differs according to the need for which it is developed, each plan should define its need, objective, scope and purpose, the method for its implementation, and a means of evaluating its effectiveness. 606 COMPLETED STAFF WORK. The result of an effort to research a problem and develop a solution, leaving nothing for the final authority to do except approve or disapprove, is traditionally known as completed staff work. In such projects, it is essential that original instructions include identification of the problem, direction, the desired scope of endeavor, and the time limit for completion. Direction should clearly indicate what is desired by way of the project. The project should include adequate research to accurately define the problem and to examine all reasonable solutions. The assigned employee should include in his/her report a recommendation and summary of the findings supporting their conclusion. In completed staff work, a final step, prior to obtaining concurrences, is to notify involved organizational components of the findings and recommendations of the project. 607 DEPARTMENT DIRECTIVES. In any Police Department, it is essential that directives communicate desired information to concerned employees as accurately as possible. Directives should be well researched, properly drafted, and subjected to staff review for concurrence. Directives should be issued by the authority of the Chief of Police. 608 ADMINISTRATION OF DISCIPLINE. One of the primary tasks of a command officer is the administration of discipline. Discipline can be positive or negative; it may involve encouragement, inspiration, training or imposition of negative sanctions. It has as its immediate purpose the channeling of individual effort into effective and productive action. The exercise of positive discipline requires foresight and planning rather than merely reaction. It involves an evaluation of the human factor which, when combined with proper training, motivation and recognition of individual and group effort, results in self-discipline. Disciplinary means may range from a warning, where the immediate effect is on the individual, to termination, where the positive result derived is in the reassurance of their employees as to unacceptable limits of misconduct. In each case care must be exercised to make the proper choice in obtaining a desired and just result. in the administration of discipline, a command officer must consider the totality of the circumstances surrounding the allegation of misconduct in making a determination whether the original action or conduct which prompted the complaint was not only legal but whether, under the circumstances, it was necessary and proper as well. Their decision must resolve those factors with the individual's interest and the probable effect of the disciplinary action upon the attainment of Department objectives. To be effective, discipline must not only be fair in its application, it must also follow within a reasonable time the act which it is intended to correct. Therefore, there must be a prompt resolution of disciplinary cases. 24 609 CHAIN OF COMMAND. The Chief of Police must necessarily limit the number of persons who report to him. Therefore, to ensure unity of command, clearly defined lines of authority must be drawn so that there exists a structural relationship between each employee and the Chief of Police. Each employee must be aware of his/her relative position in the organization, to whom they are immediately responsible, and those persons who are accountable to them. Employees should strive at all times to operate within the chain of command and to keep their supervisors informed as to their activities. The Chief of Police is available by appointment to any members of the Department. 610 FLEXIBILITY OF ORGANIZATION. The ability of the Department to make organizational adjustments to meet changing needs is essential in obtaining the maximum benefit from the expenditure of assigned resources. However, to ensure stability, the basic Department structure should not be changed in the absence of a demonstrated need or to satisfy temporary requirements. There must be continuing staff inspections to ensure that Department organizational needs are being met. In addition, each command officer has the responsibility to maintain the organizational viability of their command through constant elevation. 611 INSPECTION AND CONTROL. Management inspection and control are necessary to ascertain if Department policies, procedures, and rules are adequate and are being properly utilized, and to evaluate the overall performance and attitude of the Department. It is the responsibility of each supervisor to continually conduct inspections within his/her area of responsibility to ensure the proper pedormance of assigned material, and facilities. Merely finding fault is not inspecting. Therefore, a supervisory officer's responsibility does not end with discovering a deficiency or inadequacy; it includes taking positive measures to correct the problem. 612 PERSONNEL 612.1 RECRUITMENT. To obtain the highest caliber of candidates possible, it is essential that the Department participate in the recruitment process. To this end the Department maintains a recruitment program; however, an officer in their daily contact with the public is the Department's best recruiter. By their demeanor and enthusiasm, they favorably impress and attract the type of individual which the police service needs. Because of their experience and knowledge, they are able to counsel persons who show an interest in law enforcement careers and to encourage applications by those who appear qualified. 612.2 DUTY ASSIGNMENTS. Allocation of personnel to specific assignments is made with the aim of establishing optimum effectiveness within the Department while recognizing the needs, ability, and preference of individual employees. 612.3 ADVANCEMENT. The vitality of the Department is maintained through the selection and promotion of the most qualified personnel to positions of increased responsibility. The Department must help in the selection process by accurately rating and evaluating employees and candidates for promotion and by advancing the most qualified. 613 TRAINING. The Department has an obligation to provide a professional standard of law enforcement service to the community. In fulfilling that responsibility, it is essential that Department personnel be properly trained. This is true not only at the entrance level where officers must receive basic training prior to their assumption of police responsibilities, but it is a continuous process throughout their careers. Training is provided to accommodate Department needs and to actualize the interest and concern which the Department has for the self improvement and personal development of its employees. 25 613.1 RECRUIT TRAINING. The training provided recruit officers is a continuation of the selection process whereby efforts are made to screen out those who are lacking in police aptitude. In all recruit training, emphasis is placed on developing the reasoning ability and judgment of each officer. 613.2 ON-THE-JOB-TRAINING. An officer's training continues after graduation through his/her assignment with Field Training Officers, roll call training, and supervision. It is the responsibility of all officers to teach those with whom they work the skills and knowledge necessary to perform the job at hand. Supervisory and commanding officers of all ranks have the responsibility not only to train subordinates to perform assigned tasks, but also to familiarize all subordinates with their supervisor's jobs as well, so that employees are prepared to assume additional responsibilities should the need arise. 613.3 INSERVICE TRAINING. Refresher training is periodically provided to experienced officers to update their training and to evaluate the effectiveness of their prior recruit and inservice training. 613.4 PROMOTIONAL TRAINING. Once the selection process has resulted in promotion, the Department provides training to prepare newly appointed supervisors and command officers for their added responsibilities. Dependent upon the level of supervision or management involved, an attempt is made to familiarize individuals with problems which they may face and to assist them in developing suitable responses to those problems. 613.5 SPECIALIZED TRAINING. To prepare employees for new assignments, the Department provides specialized training in those areas'where a need has developed. Such schools have as their goal the development of specialized skills and knowledge within the framework of a police generalist. 613.6 SUPERVISOR AS TEACHERS. The on-going training of working employees is the responsibility of their supervisors. Supervisors are expected to be familiar with the mechanics of the learning process and to routinely apply them in their supervisory tasks. 613.7 PARTICIPATION OF COMMAND AND STAFF OFFICERS IN FORMAL TRAINING. To assure that policy is disseminated as accurately as possible and to allow the Department and its employees to benefit from the experience, knowledge, and attitudes of command and staff officers on a policy-making level, it is desirable that such officers participate in the formal training process to the greatest extent possible. 613.8 DETACHED DUTY FOR ADVANCE EDUCATION OR TRAINING. The Department engages in programs whereby selected officers are granted leave with full salary to participate in advanced education or training programs. The selection process for such courses is designed to choose the most qualified, while at the same time, assuring that the Department receives the value of the individual's acquired knowledge by selecting from among the most qualified, those officers whose careers have sufficient length of time remaining to benefit the Department. 613.9 ENCOURAGEMENT TO FURTHER EDUCATION. In fulfilling its commitment to provide professional police service, the Department encourages all employees to further their education to the highest level possible. Therefore, consistent with its basic responsibilities, the Department cooperates with employees in arranging duty schedules and assignments to facilitate and encourage such individual effort. 26 614 CIVILIAN EMPLOYEES. Law enforcement professionalism is enhanced when officers perform only those tasks where there is an identified need for police knowledge and skills. To this end, the Department employs civilians in those positions where there is no such demonstrated need. In addition to releasing officers for more traditional tasks, the use of civilians makes it possible to hire employees for their specialized skills, thus resulting in greater efficiency. 615 BUDGETING. The budgetary process is an essential planning tool which enables the Department to organize its financial resoumes in a goal directed effort to derive the maximum return for the tax dollars expended. The Department budget represents an evaluation of relative needs within the Department based upon quantitative and qualitative data. It involves a decision regarding objective priorities with consideration given to the volume and type of work required and the costs involved. Budgeting is a continuous process which is the responsibility of each command level officer. It involves the identification of objectives and the determination of organizational needs based upon a reasonable evaluation of future requirements. Command officers communicate their organizational needs by means of budget requests. Such requests should be limited to those items which are necessary to continue the present standard of service, materially improve the standard of service, or reduce the cost of service. It is the responsibility of commanding officers to weigh their needs carefully and to present budget estimates which incorporate reasonable and economically sound requests. If an item is requested on the basis that it will improve the standard of service, the justification should show conclusively that this objective will be reached and that the cost of the item will be returned in some concrete manner, such as the rendering of decidedly superior service to the public or by an actual saving of money over a period of time. 700 SUPPORT SERVICES 701 COMMUNICATIONS 701.1 TELEPHONE COMMUNICATIONS WITH THE PUBLIC. The telephone is the primary method by which the services of the Department are requested. All incoming telephone calls must be answered as promptly as possible to determine if a need for police service exists, and, if so, to provide the required service. 701.2 TELEPHONE COURTESY. In answering telephone calls, employees should courteously greet the caller, identify their units, and ask to be of assistance. Employees should make every reasonable attempt to either supply requested information and assistance or to promptly refer the party to the proper Department unit or other public or private agency for assistance. If asked for their name employees will provide the caller that information. 701.3 911 CALLS. 911 Calls are to be answered as quickly as possible in the following language. 911 Emerqency Iowa City. The Emergency Dispatchers will request additional information from the caller as necessary to complete the call. 701.4 INTRA-DEPARTMENTAL COMMUNICATIONS. The Department maintains and constantly strives to improve its intra-Departmental communications network to provide for rapid and efficient police response and to facilitate management control. All Department communications including radio, telephone, teletype, and mail are reserved for official business and are not to be used for personal purposes. 27 702 RECORDS. Records are maintained by the Department in compliance with statutes, as a public service, as an investigative and administrative aid, and to provide statistical data. Department records are confidential; however, criminal records and arrest information will be - released, upon approval, to those persons who qualify as police officers under the criminal code or to other public agencies in compliance with CHRI. In addition, the Department will provide, for a fee, crime and traffic reports and traffic photographs to crime victims, parties to accidents and other sufficiently interested parties in compliance with the Freedom of Information Act and the laws of the State of Iowa. Except for approved government agencies the Department will not release criminal and arrest information from its files to prospective employers. 703 ARRESTEES. The Department maintains custody of arrestees following their arrest until they are arraigned, transferred to the custody of the Sheriff or other law enforcement agency, or released from custody on fixed bail, their own recognizance, or without being charged. Arrestees will be treated with as much dignity as possible and with a minimum of embarrassment. It is the intent of the Department to minimize the time which an arrestee spends in the custody of the Department. Arrestees are transferred to the custody of the Sheriff at the earliest opportunity, investigations are completed as rapidly as possible, and eligible arrestees are released upon their own recognizance as quickly as practicable. 704 PROPERTY. The Department will safeguard and properly dispose of all property which comes into its custody. The Department strives to maintain property in the same condition as received and to preserve the evidentiary integrity of property which has been received for possible court presentation. Unless property is contraband or must be presented into court, every reasonable effort will be made to ensure its return to its rightful owner. Property which cannot be returned to its owner will be disposed of by a public auction, or in the case of contraband, by destroying it. 705 TRANSPORTATION. In the highly mobile environment in which the Department operates, vehicular transportation is essential, and because of its extensive use, it is an expensive item in the Department budget. The essential function of the transportation system is to provide the proper type of vehicle at the time and place there is a need for it and to provide the vehicle at the minimum possible cost. The Department depends upon a study of requirements to determine specifications for the type of vehicle needed for each function within the Department. Thereafter, through a process of inspection, maintenance and repair, vehicles are kept in such condition as to be capable of safe performance and operation, consistent with their assigned use. Additionally, as law enforcement situations frequently and unexpectedly arise, even basic transportation units must be capable of performance greater than that required for transportation alone. 706 FLEET SAFETY. Not only because they are engaged in traffic enforcement, but because they are the most visible representatives of local government, Department employees have a duty to operate Department vehicles in a legal, safe, and courteous manner. This responsibility is especially great in view of the tactical situations and traffic conditions in which Department vehicles are operated. Vehicle safety involves the establishment of standards, vehicle testing and selection, regular inspections, preventive maintenance and defensive driving. Defensive driving is a matter of personal practice which involves proper motivation and the development of a positive mental attitude toward driving. The Department reinforces safe driving habits through roll call training, defensive driving and driver-training courses, supervision, and discipline. police\policy.man 28