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HomeMy WebLinkAbout2020-06-11 Info PacketCITY OF IOWA, CITY www.icgov.org City Council Information Packet June 11, 2020 IP1. Council Tentative Meeting Schedule June 16 Special Formal IP2. Memo from City Attorney and City Manager: Follow-up to BLM/Systemic Racism Work Session on June 9, 2020 Miscellaneous IP3. Letter from U.S. Department of Housing and Urban Development: Consolidated Annual Performance Evaluation Report - Program Year 2018 IN. Email from John E. Patchett: Dubuque Street Closure [x2] IPS. Zoom invite from Jon Li: Understanding local healthcare in the time of CAVI D- 19 Draft Minutes IP6. Historic Preservation Commission: May 14 _I t i CITY OE IOWA CITY www.icgov.org City Couyfcil Information Packet June 11, 2020 IN. "Council Tentative Meeting Sche M i ZlIaneous IP2. Letter m U.S. Departme of Housing and Urban Development: Consolidated Annual P ormance Eval tion Report - Program Year 2018 IP3. Email from hn E. Pat eft: Dubuque Street Closure [x2] IP4. Zoom invite fro Jo is Understanding local healthcare in the time of COVI D- 19 IP5. Historic Draft Minutes Co issi on: May 14 June 11, 2020 City of Iowa City Page 1 Item Number: 1. J une 11, 2020 Council Ten tative Meeting Sched u l e AT TAC HM E NT S : Description Council Tentative Meeting S chedule Item Number: 2. J une 11, 2020 Memo from City Attorney an d City Manag er: F ol l ow-u p to B L M/Systemic Racism Work Session on Ju n e 9, 2020 AT TAC HM E NT S : Description Memo from City Attorney and City Manager: F ollow-up to B L M/Systemic Racism Work Session on J une 9, 2020 Date: June 11, 2020 To: City Council From: Eleanor M. Dilkes, City Attorney Geoff Fruin, City Manager Re: Follow-up to BLM/Systemic Racism Work Session on June 9, 2020 This memo will provide the information Council requested from city staff at your June 9 work session. Attached as Exhibit A is Iowa City Police Department (ICPD) “Use of Force” General Order (GO) 99-05 dated October 23, 2019. All references are to th is GO unless noted. I. IOWA FREEDOM RIDERS DEMANDS 1. Drop all charges against protestors; including citations, tickets, etc. City Response: As requested by the City Council on June 9 th, below is a list of all protest and traffic related charges filed by the Iowa City Police Department between 5/30/2020 and 06/03/2020 proximal to demonstration locations, dates, and times. With the exception of three speeding and stop sign charges, the pending charges are being prosecuted by the Johnson County Attorney. The Council can make a request to drop charges Date/Time (24HRS) Location Defendant's City of Residence OFFENSES Traffic Citation ARREST IMPO- UND? 20200530 1:55 S CAPITOL ST/COURT ST GARNER,IA OWI-PENDING RESULTS NO pending results NO 20200530 23:17 E BURLINGTON ST/JOHNSON ST NORTH LIBERTY,IA SPEEDING YES NO NO 20200605 21:45 E BURLINGTON ST/S SUMMIT ST IOWA CITY,IA DRIVING UNDER SUSPENSION NO YES NO 20200606 19:46 E COLLEGE ST/S VAN BUREN ST MOUNT PLEASANT,IA STOP SIGN YES NO NO 20200606 20:30 HWY 1 W/MILLER AVE IOWA CITY,IA SPEED YES NO NO 20200607 0:55 410 E WASHINGTON ST CEDAR RAPIDS,IA OWI,PCS MARIJUANA, POSSESSION OF FIREARMS UNDER UNFLUENCE YES YES NO OPS-03.2 2 20200607 1:31 S GILBERT ST/E COLLEGE ST IOWA CITY,IA VIOLATE INSTRUCTION PERMIT,FAILURE TO PROVIDE PROOF OF FINANCIAL LIABILITY YES NO YES 20200607 1:33 HWY 1 W/ORCHARD ST IOWA CITY,IA LICENSE PLATE YES NO NO 20200608 18:55 E BURLINGTON ST/S DUBUQUE ST IOWA CITY,IA NO DL, FAILURE TO PROVIDE PROOF OF FINANCIAL LIABILITY,FAIL TO DISPLAY REGISTRATION PLATE,IMPROPER USE OF LANES YES NO YES 20200608 19:51 E MARKET ST/LINN ST IOWA CITY,IA EXPIRED REGISTRATION YES NO NO 20200609 0:09 200 S CLINTON ST IOWA CITY,IA OWI NO YES NO 20200609 0:47 E COURT ST/S GILBERT ST WHEATON,IL POSSESSION OF DRUG PARAPHERNALIA NO YES- cited and released NO 20200609 0:47 E COURT ST/S GILBERT ST IOWA CITY,IA POSSESSION OF FICITIOUS ID, POSSESSION OF DRUG PARAHERNALIA NO YES- cited and released NO 20200603 22:45 DUBUQUE/FOSTER IOWA CITY,IA DISORDERLY CONDUCT, UNLAWFUL ASSEMBLY NO YES NO 20200603 23:45 DUBUQUE/MEADOW RIDGE LANE IOWA CITY,IA UNLAWFUL ASSEMBLY, FAILURE TO DISPERSE NO YES NO A summary of traffic stops made proximal to demonstrations from 4pm to 2am May 30 to June 9, 2020 is below (excludes June 7th from 2am to midnight and June 9th 2am to midnight as there were no demonstrations): Total Stops Warnings Citations Arrests Tow 50 37 7 5** 2*** **includes one passenger ***one released, one eligible for release pending owner cont act 2. Strong statement from ICPD in favor of protests including deprioritization of law and order; and property damage. Instead a prioritization of police accountability for racism while also addressing issues of systemic racism and inequality. OPS-03.3 3 City Response: Interim Chief Bill Campbell’s statement is available as part of the June 2nd City Council meeting record. City Manager Geoff Fruin issued a statement on June 10th. The City Council is able to make further statements and staff will work to ensure that the goals of our elected leaders are carried out in our operations. 3. The FULL publication of the ICPD budget, and specifically on budget spending. City Response: The City budget can be viewed at https://www.icgov.org/budget. The Police Department budget is featured on pages 184 -197 of the Fiscal Year 2021 Proposed Budget. Each January, the Police Chief presents the budget to the City Council and answers all related questions. Staff has prepared a more detailed expenditure summary of the FY 21 Budget attached as Exhibit B to this memo. In order to increase transparency on budget authority, Council can direct staff to publish greater budget detail on the Police Department website. All City disbursements are published monthly and available upon request at the City Clerk’s Office. 4. Every Iowa City department should have at least 30% of its staff dedicated to diversity and inclusion. City Response: Below is a table showing Each City Department, total number of permanent employees and the full-time equivalent of employees needed to be added to achieve the 30% goal. City Department Total Full-Time Equivalent (FTE) Staff Current FTE + 30% FTE Increase Needed to Achieve 30% Goal City Clerk's Office 4.0 5.2 1.2 City Attorney's Office 7.5 9.8 2.3 City Manager's Office 4.0 5.2 1.2 Communications 7.9 10.3 2.4 Human Resources 3.0 3.9 0.9 Human Rights 2.0 2.6 0.6 Climate Action and Outreach 2.0 2.6 0.6 Finance 33.9 44.1 10.2 Police 111.3 144.6 33.4 Fire 64.0 83.2 19.2 Parks and Recreation 46.5 60.5 14.0 Library 46.4 60.3 13.9 Senior Center 5.8 7.5 1.7 Neighborhood and Development Services 43.5 56.6 13.1 OPS-03.4 4 Public Works 153.5 199.6 46.1 Transportation Services 74.5 96.9 22.4 Airport 1.0 1.3 0.3 Total FTEs 610.8 183.2 5. Every institution and business must not only have but also is required to implement an equity tool kit. City Response: The city has been using a racial equity toolkit since 2016 and to date 15 departments have completed training on the toolkit to review their policies, procedures, services, and programs. Attached as Exhibit C is an update from Stefanie Bowers, Human Rights Coordinator and Equity Director. Under current state law the city does not have authority to pass a law requiring private business to implement an equity toolkit. 6. A clear and sensible plan for affordable housing. If this is not met those involved must have consequences. City Response: The City Council is very familiar with the City’s affordable housing efforts over the last several years. Staff will continue to take direction from the City Council regarding any new or expanded efforts. Accountability rests with the City Council and City Manager. 7. Johnson County Sheriffs/ICPD may not enforce evictions. City Response: Evictions are done pursuant to an order of the court and the process is handled by the Johnson County Sheriff’s Office. Iowa City Police only assist if requested by the Sheriff in an emergency, which is extremely rare. 8. Iowa City provides funds for the Special Populations Involvement [SPI program] (Iowa City Parks and Recreation Department) City Response: The Special Populations Involvement (SPI) Program has been a division of the Recreation Division for over 30 years with a long history of serving persons with special needs, emphasizing programs for those with physical, mental, or emotional disabilities. The programs primarily served adults with intellectual disabilities living in group ho mes until a few years ago. The program has recently de-emphasized Special Olympic travel team opportunities to focus on serving a wider range of adults and children with disabilities. Typical programs include sport skill development, independent living skills, social activities and seasonal special events. A free, afternoon and evening teen summer program was added in 2015 and directed by the SPI Recreation Program Supervisor, RaQuishia Harrington. The Recreation Division budget narrative and financia l information for FY 21 is available for review at www.icgov.org/budget, beginning on page 222. A summary FY 21 budget for the SPI program is attached as Exhibit D to this memo. 9. The curfew must be lifted in Coralville. OPS-03.5 5 City Response: Coralville is an independent municipality that has its own governing board. The City of Coralville Mayor lifted the citywide curfew on June 9 th. 10. A plan to restructure ICPD towards community policing similarly to what is happening in Minneapolis, MN; Camden, NJ; and Los Angeles, CA. City Response: Iowa City has initiated and participated in an increasing number of community policing efforts over the last several years. Examples include the addition of downtown liaison walking patrol assignments, neighborhood resource officers, the addition of community outreach staff, leadership roles in the Housing First homeless services effort, extensive participation in crisis intervention training, active support of the Johnson County Access Center, designation of LGBTQ+ liaisons, investments into victim services with an emphasis on serving diverse populations that experience domestic assault, and more. Many of these efforts were highlighted in Interim Chief Bill Campbell’s address to the City Council and Iowa city community on June 2nd. The Iowa City Police Department and City Manager’s Office remain committed to expanding our community policing efforts and will actively take place in conversations on how further steps in this direction can better serve all members of our community. 11. Reforming the Iowa City Community Police Review Board [CPRB] so that it has real power, including, but not limited to, the ability to subpoena officers. The reformed CPRB must also have the ability to enact and enforce measurable consequences when the board recommendations are not followed or implemented. City Response: Certain changes to the CPRB will require changes to state law; others will not. Legal analysis of these issues has not been done for some time and will be required. The CPRB only applies to incidents involving the Iowa City Police Department and does not extend to situations involving any of the other six law enforcement agencies in Johnson County. 12. ICPD divestment from and, removal of, military grade equipment and contracts from the Federal government. City Response: At Council’s request, staff will prepare a letter from the Mayor to Johnson County officials indicating support for divestment of the MRAP vehic le. An analysis of other ICPD equipment and contracts with the federal government will require further staff time. OPS-03.6 6 II. 8 CAN’T WAIT 1. Require Use of Force Continuum: Establish a Force Continuum that restricts the most severe types of force to the most extreme situations and creates clear policy restrictions on the use of each police weapon and tactic. • ICPD has a use of force continuum – see explanation of model at Section VI of GO and continuum at end of GO (Exhibit A). 2. Requires Exhaust All Alternatives Before Shooting: Require officers to exhaust all other alternatives, including non-force and less lethal force options, prior to resorting to deadly force. • Refer to ICPD Use of Force continuum in Exhibit A. • Section V.A.2.f (p. 4) requires officers to utilize a verbal warning before discharging a weapon unless it would compromise the safety of the officer or others. 3. Require Comprehensive Reporting: Require officers to report each time they use force or threaten to use force against civilians. Comprehensive reporting includes requiring officers to report whenever they point a firearm at someone, in addition to all other types of force. • Section V.D.4.1 (p. 8) requires officer to complete a written report if a firearm is discharged for any reason (except on the range or lawful hunting). The ICPD has a Use of Force Review Committee that meets to review officers’ use of force reports. Attached to this memo as Exhibit E is the April 2020 summary of reports and memo to the Chief. • Section V.D.4 (p 8) requires officer to complete a written report regarding any use of force incident. This policy does not specifically include display of a weapon a s a person as a use of force but that is the practice and is included in the computerized report template completed by officers. • Section VI.6 of GO 17.06 (p.11) require s a use of force report for “less lethal projectiles” and Section VI.14 of GO 17.06 (p.16) requires a use of force report for use of a taser and aiming the dot or arc display. GO 17.06 is attached as Exhibit F to this memo. 4. Ban Chokeholds & Strangleholds: Allowing officers to choke or strangle civilians results in the unnecessary death or serious injury of civilians. Both chokeholds and all other neck restraints must be banned in all cases. • The department’s use of force policy does not contain verbiage that specifically prohibits using maneuvers that cut off oxygen or blood flow, including chokeholds or carotid restraints. On the flip side, it does not authorize such maneuvers. ICPD does not train on such maneuvers. On the contrary, the training is to avoid the throat/impacting breathing. OPS-03.7 7 • Section VI.8.g. of GO 17-06 (p. 14) provides that officers shall use a restraint technique that “does not impair respiration” fo llowing the use of a taser. 5. Require De-escalation: Require officers to de-escalate situations, where possible, by communicating with subjects, maintaining distance, and otherwise eliminating the need to use force. • Section III.E (p. 2) defines de-escalation. • Section III.F (p.2) defines de-escalation techniques (further detail is in Section VI.C below). • Section VI.C (p. 11) requires officers to utilize de -escalation techniques if it is safe to do so. This section provides examples and cautions officers to consider, when time and circumstances permit, whether lack of compliance is due to medical condition, language barrier, drug interaction, and other listed factors. 6. Duty To Intervene: Require officers to intervene and stop excessive force used by other officers and report these incidents immediately to a supervisor. • No GO specifically requires officers to intervene and stop excessive or unnecessary force used by other officers and report these incidents immediately to a supervisor. • However, 315.05 of the department’s rules and regulations read: REPORTING VIOLATIONS OF LAWS OR ORDINANCES, DIRECTIVES OR ORDERS: Members knowing or having reason to believe other members violating laws, ordinances or departmental directives shall report same consistent with departmental directives. If the member believes the information is of such gravity that it must be brought to the immediate personal attention of the Chief of Police, official channels may be bypassed. • A draft Memorandum of Understanding being reviewed by area law enforcement agencies related to the Duty to Intervene is attached to this memo as Exhibit G. 7. Ban shooting at moving vehicles: Ban officers from shooting at moving vehicles in all cases, which is regarded as a particularly dangerous and ineffe ctive tactic. While some departments may they restrict shooting at vehicles to particular situations, these loopholes allow for police to continue killing in situations that are all too common. 62 people were killed by police last year in these situations. This must be categorically banned. • Section V.A.2.g (p.5) prohibits shooting at a moving vehicle except in specific situations. 8. Require Warning Before Shooting: Require officers to give a verbal warning in all situations before using deadly force. • Section V.A.2.e (p.4) prohibits warning shots. OPS-03.8 8 • Section V.A.2.f (p.4) requires officers to utilize a verbal warning before discharging a weapon unless it wou ld compromise the safety of the officer or others. • The department does not have any verbiage requiring an officer to provide a verbal warning prior to using OC or other chemical agents. • Section VI.8.d. of GO 17-06 (p. 13) requires a verbal warning before tasing unless to do so would place any person at risk. OPS-03.9 9 III. OBAMA FOUNDATION COMMIT TO ACTION 1. Failing to require officers to de-escalate situations, where possible, through communication, maintaining distance, slowing things down, and otherwise eliminating the need to use force. • Section III.E (p. 2) defines de-escalation. • Section III.F (p. 2) defines de-escalation techniques (further detail is in Section VI.C below). • Section VI.C (p. 11) requires officers to utilize de-escalation techniques if it is safe to do so. This section provides examples and cautions officers to consider, when time and circumstances permit, whether lack of compliance is due to medical condition, language barrier, drug interaction, and other listed factors. 2. Prohibiting officers from using maneuvers that cut off oxygen or blood flow, including chokeholds or carotid restraints, which often result in unnecessary death or serious injury. • The department’s use of force policy does not cont ain verbiage that specifically prohibits using maneuvers that cut off oxygen or blood flow, including chokeholds or carotid restraints. On the flip side, it does not authorize such maneuvers . ICPD does not train on the use of such maneuvers On the contrary, the training is to avoid the throat/impacting breathing.] • Section VI.8.g. of GO 17-06 (p. 14) provides that officers shall use a restraint technique that “does not impair respiration” following the use of a taser. 3. Failing to require officers to intervene and stop excessive or unnecessary force used by other officers and report these incidents immediately to a supervisor. • No GO specifically requires officers to intervene and stop excessive or unnecessary force used by other officers and report these incidents immediately to a supervisor. • However, Section 315.05 of the department’s rules and regulations read: REPORTING VIOLATIONS OF LAWS OR ORDINANCES, DIRECTIVES OR ORDERS: Members knowing or having reason to believe other members viola ting laws, ordinances or departmental directives shall report same consistent with departmental directives. If the member believes the information is of such gravity that it must be brought to the immediate personal attention of the Chief of Police, offici al channels may be bypassed. 5. Failing to restrict officers from shooting at moving vehicles, which is regarded as a particularly dangerous and ineffective tactic. • Section V.A.2.g (p. 5) prohibits shooting at a moving vehicle except in specific situations. 6. Failing to limit the types of force and/or weapons that can be used to respond to specific types of resistance and specific characteristics such as age, size, or disability. • Refer to ICPD Use of Force continuum in Exhibit A. OPS-03.10 10 7. Failing to require officers to exhaust all other reasonable means before resorting to deadly force. • Refer to ICPD Use of Force continuum in Exhibit A. 8. Failing to require officers to give a verbal warning, when possible, before using serious force such as shooting, tasing, or pepper spraying someone. • Section V.A.2.e (p.4) prohibits warning shots. • Section V.A.2.f (p.4) requires officers to utilize a verbal warning before discharging a weapon unless it would compromise the safety of the officer or others. • The department does not have any verbiage requiring an officer to provide a verbal warning prior to using OC or other chemical agents. • Section VI.8.d. of GO 17-06 (p. 13) requires a verbal warning before tasing unless to do so would place any person at risk. 9. Failing to require officers to report each time they use force or threaten to use force (e.g., pointing a gun at a person). • Section V.D.4.1 (p. 8) requires officer to complete a written report if a firearm is discharged for any reason (except on the range or lawful hunting). • Section V.D.4 (p 8) requires officer to complete a written report regarding any use of force incident. This policy does not specifically include display of a weapon at a person as a use of force but that is the practice and is included in the computerized report template completed by officers. • Section VI.6 of GO 17.06 (p.11) requires a use of force report for “less lethal projectiles” and Section VI.14 of GO 17.06 (p.16) requires a use of force report for use of a taser and aiming the dot or arc display. OPS-03.11 11 IV. ADDITIONAL INFORMATION POLICE OFFICER QUALIFICATIONS Attached to this memo as Exhibit H is the most recent (2018) candidate recruitment information packet for the position of Police Officer. Included in the job summary is a statement requiring “…the ability to work with a diverse community and build relationships with the communities served; problem solve with the utmost respect for human rights and dignity …”. The nine month probation period post-academy, or hire date if already a certified peace officer, is used to evaluate if the new hire has the ability to meet our local service expectations. The background check portion of the hiring process is used to identify any past personal or professional misconduct. Those with past police misconduct are not hired into the Iowa City Police Department, however that expectation is not necessarily communicated to candidates upfront in this packet. With Council direction, we can be explicit in our future candidate recruitment documents that past misconduct in another law enforcement agency will be a disqualifier. CITY EMPLOYEE AND POLICE DEPARTMENT EMPLOYEE DEMOGRAPHICS The City Council requested an overview of the demographics of our workf orce including a breakdown of Police Department employees. Workforce demographics have been reported to Council annually through the City Manager’s performance evaluation process since 2017. In addition, workforce demographics were highlighted in a Janua ry 2020 Racial Equity Report Card released by the Human Rights Office. That scorecard indicated that since 2014 the number of White employees has decreased sixteen percent while the number of Black or African -American employees increased by ten percent. A ten-year trend chart and comparisons to the 2010 Census are provided as Exhibit I, attached to this memo. Non-union police department employee demographic information is only available for the last three years. WETHERBY PARK HISTORY Historical Information about Isaac A. Wetherby, and City Council proceedings naming the park are attached as Exhibit J. Also attached as Exhibit K is the City Naming Policy that provides for approval by an ad hoc committee consisting of the City Manager, the relevan t Department Director and a member of the relevant City-affiliated Foundation (Parks and Recreation Foundation). If Council chose to bypass the ad hoc committee it could do so by eliminating that requirement in the resolution renaming the park. PUBLIC ART AND FESTIVAL OPPORTUNITIES The City Council can task the Public Art Advisory Committee to work with a group on public or private space for artistic expression. As a reminder, the City Council doubled public art funding in the FY 20 Budget. Those extra resources, combined with the FY 21 Budget allocation could assist in getting a project off the ground quickly. The Iowa City Downtown District has also expressed a willingness to be a partner in a project. The City is also willing to engage in planni ng discussions for new or revised festivals. Currently, the City partners with Summer of the Arts (SOTA) for our larger community festivals and special events. SOTA is an independent organization with its own governing board. However, the City is a lead financial contributor at $67,000 per year and can work with their board as the Council OPS-03.12 12 directs. Alternatively, staff can be directed to work on independent concept outsi de of the existing SOTA framework. OPS-03.1 1 EXHIBIT A USE OF FORCE Original Date of Issue General Order Number Ap ril 28, 2001 99-05 Effective Date of Reissue Section Code October 23, 2019 OPS-03 Reevaluation Date October 2020 Amends C.A.L.E.A. Reference 1.3.1 – 1.3.8, 1.3.13 (see “INDEX AS”) INDEX AS: x Use of Force x Reporting x Si gnificant Force x Investigation x Use of Force Model x Canine x Arrests x W arning Shots I. PURPOSE The purpose of this policy is to provide members of the Iowa City Police Department with guidelines on the use of deadly and non-deadly force. II. POLICY The Iowa City Police Department recognizes and respects the value and special integrity of each human life. In investing officers with the lawful authority to use force to protect the public welfare, a careful balancing of all human interests is required. Therefore, it is the policy of the Iowa City Police Department that police officers shall use only that force that is reasonable and necessary to accomp lish lawful objectives and effectively bring an incident under control, while protecting the lives of the officers and others. OPS-03.2 2 III. DEFINITIONS A. Deadly Force (Section 704.2, Code of Iowa) – For the purpose of this policy, shall mean any of the following: 1. Force used for the purpose of causing serious injury. 2. Force which the actor knows, or reasonably should know, will create a strong probability that serious injury will result. 3. The discharge of a firearm, in the direction of some person with the knowledge of the person's presence there, even though no intent to inflict seri ous physical injury can be shown. 4. The discharge of a firearm, at a vehicle in which a person is known to be. B. Serious Injury (Section 702.18 Code of Iowa) – Means 1. disabling me ntal illness; or 2. bodily injury which creates a substantial risk of death or which causes serious perma nent di sfigurement, or protracted loss or impairment of the function of any bodily member or organ. C. Use of Force – Any contact applied by an officer that si gnificantly restricts or alters the actions of another and/or compels compliance with the demands or instructions of the officer. This includes the use of restraint devices such as handcuffs. D. Verbal Commands/Directives – Verbal communication by an officer directing someone to perform or not to perform an act: e.g. “Stop”, “Don’t move”, “Put your hands up”, or “Get on the ground”. E. De-escalation - Taking action to stabilize a situation and reduce the immediacy of a threat so that more time, options, and resources are available to resolve the situation. The goal of de-escalation is to gain the voluntary compliance of subjects, when feasible, and thereby reduce or eliminate the necessity to use physical force. F. De-escalation Techni ques - Actions used by members of the department, that seek to minimize the likelihood of the need to use force during an incident and increase the likelihood of gaining voluntary compliance from a subject. Note that these techniques should only be employed when it is safe to do so. IV. THE RE ASON ABLENESS OF THE USE OF FORCE The use of force is analyzed under the Fourth Amendment. “The right to be free from excessive force is included under the Fourth Amendment’s prohibition against unreasonable seizure of the person.” Andrews v. Fuoss, 417 F.3d 813, OPS-03.3 3 818 (8th Cir. 2005). On the other hand, “the right to ma ke an arrest or investigatory stop necessarily carries with it the right to use some degree of physical coercion or threat thereof to effect it.” Graham v. Connor, 109 S.Ct. 1865, 1872 (1989). A. Reasonable Officer: Objective Standard 1. "The 'Reasonableness' of a particular use of force must be judged from the perspective of a reasonable officer on the scene rather than with the 20/20 vision of hindsight.” Graham v. Connor, 109 S.Ct. 1865, 1872 (1989). 2. "Reasonableness" al so takes into account that police officers make judgments in a split second under circumstances that are "tense, uncertain, and rapidly evolving - about the amount of force that is necessary in a particular situation.” Graham v. Connor, 109 S.Ct. 1865, 1872 (1989). 3. Reasonableness is “not capable of precise definition or me chanical application.” Bell v. W olfish, 441 U.S. 520, 559 (1979). Reasonableness is determined by the totality of circumstances, which include the “severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight.” Graham v. Connor, 109 S.Ct. 1865, 1872 (1989). B. The Code of Iowa authorizes the use of force in making an arrest and preventing an escape. 1. Section 804.8 Use of force by peace officer making an arrest. A peace officer, while making a lawful arrest, is justified in the use of any force which the peace officer reasonably believes to be necessary to effect the arrest or to defend any person from bodily harm while making the arrest. However, the use of deadly force is only justified when a person cannot be captured any other way and either: a. The person has used or threatened to use deadly force in committing a felony, or b. The peace officer reasonably believes the person would use deadly force against any person unless immediately apprehended. A peace officer making an arrest pursuant to an invalid warrant is justified in the use of any force which the peace officer would be justified in using if the warrant were valid, unless the peace officer knows that the warrant is invalid. 2. Section 804.13 Use of force in preventing an escape. A peace officer or other person who has an arrested person in custody is justified in the use of such force to prevent the escape of the arrested person OPS-03.4 4 from custody as the officer or other person would be justified in using if the officer or other person were arresting such person. V. PROCEDURES A. DEADLY FORCE 1. Purpose of statement a. To delineate the Department’s policy regarding the use of deadly force. b. To establish policies under which the use of deadly force is permissible. 2. Policy a. Officers of the Iowa City Police Department may use deadly force to stop or incapacitate an assailant to prevent serious bodily injury or death. For this purpose and to minimize danger to innocent bystanders, the officer should shoot at the center body ma ss, whenever possible. b. An officer may use deadly force to protect him/her or others from what he/she reasonably believes to be an imminent threat of death or serious injury. c. An officer may use deadly force to effect the capture or prevent escape if: i. The person used or threatened to use deadly force in committing a felony, and ii. The peace officer reasonably believes the person would use deadly force against a person unless immediately apprehended. d. Provided the criteria for paragraph 2(a), 2(b) or 2(c) have been satisfied, no distinction shall be ma de relative to the age of the intended target. e. W arning shots by officers of the Iowa City Police Departme nt are prohibited. f. A verbal warning shall be utilized prior to an officer discharging a weapon unless it would compromise the safety of the officer or others. OPS-03.5 5 g. Shooting at or from a mo ving vehicle is prohibited, except under the following circumstances: i. W hen the occupant of the vehicle is utilizing deadly force against the police officer or other persons. ii. As a last resort to prevent death or serious injury to officers or other persons. iii. As a last resort to apprehend a person who has just committed a felony resulting in death or serious injury. iv. The discharge of firearms shall not be utilized when circumstances do not provide a high probability of striking an intended target or when there is substantial risk to the safety of other persons, including the risk of causing vehicle accidents. 3. Injuries resulting from use of force. a. Officers shall render appropriate first aid to any person injured or comp laining of pain following the use of force. b. EMS will be summoned to the scene to ensure delivery of appropriate medical treatment when: i. Requested by the subject(s) involved. ii. The extent of an injury is unknown or not visible. iii. The nature or extent of the injury dictates. c. Officers shall err on the side of caution, requesting EMS to respond to the scene if in doubt about the existence or extent of an injury. 4. Surrender of firearm. W hen officers discharge a firearm that results in personal injury or death to any person, the officer or employee shall surrender that firearm to his/her supervisor or a hi gher authority consistent with departmental directives. Firearms involved in police shooting incidents shall not be unloaded, cleaned, nor in any way altered from the condition immediately following discharge other than to make the weapon safe for transport. a. W hen mo re than one officer or weapon has been involved in a shooting situation resulting in any injury or death, the involved weapons must be surrendered to the commanding officer in accordance with departmental directives. OPS-03.6 6 b. The commanding officer receiving such firearm or firearms shall immediately secure and document the same as evidence. B. LESS LETHAL FORCE 1. W here deadly force is not authorized under this policy, officers should assess the incident in order to determi ne which less lethal technique will best de-escalate the incident and bring it under control in a safe manner. Officers shall use no more force than is reasonably necessary to gain control of an individual or situation. Officers are authorized to use force consistent with the Use of Force mo del. 2. An officer shall use no mo re force than that officer reasonably feels is necessary in the performance of their official duties. Use of force by an officer is justified in, but not limited to, the following situations: a. To protect the officer or others from physical harm. b. To control an arrestee or a potentially violent person. c. To restrain or subdue a resistant individual. Approved restraint devices are handcuffs (hinged and chain style), flex-cuffs and nylon leg restraints. d. To bring an unlawful situation safely and effectively under control. 3. Officers shall offer medical treatment to any non-combative person who has been exposed to a chemical irritant / OC spray. Officers shall decontaminate a person exposed to a chemical irritant and continue to monitor the condition of that person until they are no longer in the custody of the officer. C. NOTIFICATIONS 1. Any officer who discharges a firearm in the course of their duty, shall immediatel y contact his/her supervisor. (This does not apply to animal euthanasia where supervisory permission to discharge the weapon must be sought prior to the destruction of the animal (see section B in “REPORTING USE OF FORCE INCIDENTS”) or training situations) If this is not practical, the officer shall contact the on-duty patrol supervisor. The notified supervisor shall then contact the following individuals: a. The involved officer’s Division Commander. i. It shall be the Division Commander’s responsibility to notify the Chief of Police. ii. If the Division Comma nder cannot be notified, a watch supervisor shall notify the Chief of Police. OPS-03.7 7 b. The County Attorney of the county in which the incident occurred. c. The City Attorney. d. The City Manager. e. The Criminal Investigation Commander or his/her designee. f. Other as Required by the Mandatory Call Matrix 2. The on-duty watch supervisor shall be immediately notified or summoned to the scene of any incident where use of force results in a physical injury. 3. The on-duty watch supervisor shall be immediately notified when a chemi cal irritant / OC spray is utilized. 4. The on-duty watch supervisor shall be immediately notified when a conducted energy device is discharged. D. REPORTING USE OF FORCE INCIDENTS 1. Discharge of Firearms – report required. Any officer who discharges a firearm for any reason or purpose other than those exceptions listed in this section, shall make a written report to his/her immediate supervisor as soon as ci rcumstances permit. This written report will then be forwarded through the chain of command to the Chief of Police for review. Exceptions to the requirement of a written report apply to the following ci rcumstances in which no accident or injury results: a. The discharge of firearms on firearm ranges or in an area for firearms practice. b. Sporting events to include lawful hunting and organized shooting matches. 2. W hen, in accordance with applicable law, it becomes necessary for an officer to discharge a firearm to destroy an animal which presents a danger or is seriously injured or ill, the officer will, prior to discharging the firearm, request permission to do so from the on-duty supervisor. If such action mu st be immediately taken in order to protect the officer’s or another person’s safety, the officer need not delay action i n order to request this permission. In this circumstance, however, the W atch Supervisor must be notified immediately after the firearm is used. A Use of Force report is required. 3. Ad ministrative Review Committee. OPS-03.8 8 a. Use of force incidents shall be reviewed by a committee consisting of a minimum of three sworn personnel. i. The committee should consist of two supervisors as designated by the Chief of Police and one officer-preferably a use of force instructor. To provide differing perspectives, the Chief of Police ma y appoint mu ltiple committees that alternate review responsibilities. ii. This group should, at a minimum, meet every mo nth to review the Use of Force Reports from the previous month. iii. The purpose of this committee shall be to review all facts and reports concerning use of force incidents to determine whether policy, training, equipment, or disciplinary issues should be addressed. This committee will make recommendations on these matters to the Chief of Police. b. All non-use of force firearms discharges (e.g. accidental/negligent discharge), with the exception of the destruction of animals which are reviewed by the Use of Force Committee, shall be reviewed in a ma nner consistent with General Order 99-06: Internal Affairs Investigations as assigned by a Division Commander. i. At a minimum, this will consist of a Report of Inquiry and supervisory review. ii. The Division Commander and the Training and Accreditation Sergeant will review the investigation and findings to identify any training recommendations which are necessary, and/or any need for policy changes. Recommendations on these ma tters will be forwarded to the Chief of Police. 4. Use of Force Reports. a. A Use of Force Report with a written narrative regarding any use of force incident will be submitted in addition to any incident report. The report(s) shall contain the following information: i. Arrestee/suspect information. ii. Incident number(s), date and time of incident, and reporting officer. iii. Description of actual resistance encountered. iv. All required fields completed in Use of Force report. OPS-03.9 9 v. The force used by the officer to overcome the resistance and the specific weapon or technique used. vi. A description of any alleged or actual injuries to either the officer or suspect. vii. Pictures taken of any injuries to either the officer or suspect. viii. Exposure to Chemical Irritant / OC spray will additionally require the documentation of medical treatment being offered, supervisor notification, and decontami nation procedures. ix. A Conducted Energy Device deployment will additionally require the documentation of medical treatment, if medical treatment is refused by the suspect, supervisor notification, and the number of cycles/applications used. b. W hen the only use of force is the application of handcuffs, double locked, no use of force report is necessary. The application of handcuffs, double locked will be documented on a written complaint or citation or in the body of an incident report. c. A supervisor of the reporting person shall review the report for adherence to Department policy and procedure and document their conclusions. d. All reports concerning use of force shall be forwarded to the Sergeant of Planning/Research. e. The Captain of Field Operations and Chief of Police shall review all use of force reports where any partici pant is injured during the use of force and/or where a deadly force option has been utilized (excludes display of a weapon). 5. Executive Review. At a minimum, the Chief of Police and/or designee will conduct a documented analysis of all reports and incidents of force annually. An analysis of reports and incidents of force could reveal patterns or trends that indicate training needs, equipment upgrades and/or policy modifications. E. INVESTIGATION OF USE OF FORCE RESULTING IN DEATH OR SERIOUS INJURY 1. W hen any member of the police department is involved in an incident resulting in death or serious injury, a thorough and objecti ve investigation of facts and circumstances will be initiated as soon as OPS-03.10 10 practical by the Chief of Police’s designees and completed as so on as practical. 2. The Chief of Police or his/her desi gnee shall decide whether the DCI and/or any other outside agency shall be called to assist in the investigation. 3. If an incident resulting in death or serious injury which involves a sworn Iowa City police officer occurs in another police jurisdiction, the officer shall cooperate with that jurisdiction, as set forth in Iowa City Police Department directives. 4. The on-duty watch commander/supervisor shall ensure that appropriate case reports are initiated and that potential evidence is preserved. 5. The officer(s) or employee involved in the death or serious injury shall be relieved of field duty without the loss of pay or benefits, pending the results of the departmental investigation. Other officers or empl oyees involved in the incident also may be relieved of field duty without loss of pay or benefits at the discretion of the Chief of Police, while the investigation is pending: a. The officer or employee shall be available at all times for official interviews and statements regarding the case, and shall be subject to recall to duty at any time. The officer or employee must receive permission from the Chief of Police, or from their Di vision Commander, prior to leaving the area. If such permission is given, the officer or employee shall supply the phone number(s) of his/her location and duration of the absence. b. The officer or employee will not discuss the case with anyone except the prosecuting attorney and/or persons designated by the Chief of Police or their designee. This does not prohibit the officer or employee from discussions with his/her attorney. If the officer or employee may be the subject of internal review or criminal charges, his/her constitutional rights and administrative protections will be maintained. The officer or employee will attend post-traumatic stress counseling at the discretion of the Chief of Police. c. At the discretion of the Chief of Police, the officer or employee ma y be returned to duty upon departmental receipt of notification from the counselor or mental health professional indicating the officer’s fitness for duty. 6. The investigation and administrative leave policy outlined herein is not intended to imply or indicate the officer or employee has acted improperly, but is designed to safeguard the officer or employee and the Department. OPS-03.11 11 7. The Chief of Police may appoint one or more individuals to conduct a separate yet parallel (administrati ve) investigation into a use of force incident to ensure all personnel followed departmental policies and guidelines. VI. USE OF FORCE MODEL A. Police officers are given the unique right to use force, even deadly force, against others for legitimate law enforcement purposes. The right to use force carries with it an obligation to use that force in a responsible manner. Police agencies have an obligati on to provide their employees with the policies, training, and tools necessary to accomplish their mission. Selection of a use of force response from the options articulated in this model will be based on: the skills, knowledge, and ability of the officer; the percei ved threat and amount of resistance offered by a subject; and consideration of the situational framework. A defined Use of Force Model will enhance the departme nt’s ability to manage the use of force and will benefit the officer by providing guidance, resources, and options. B. Officers of the Iowa City Police Department shall f ollow the principles of the Use of Force Model. The model describes an escalation of force, which is based on a reasonable officer's percepti on of threat or resistance. As a subject’s resistance escalates, more force options become available to the officer. W hen resistance stops, the officer must de-escalate, but only after control (e.g. handcuffing) is accomp lished. Officers of the Iowa City Police Department must generally employ the tools, tactics, and timi ng of force utilization consistent with the Model’s proscription and training protocols. Due to the fact that officer/member of the public confrontations occur in environments that are potentially unpredictable, “tense, uncertain, and rapidl y evolving” (Graham v. Connor, 109 S.Ct. 1865, 1872 (1989)) the officer may utilize tools, tactics, and timing outside the parameters of the Model. However, these applications of force must meet the same test of reasonableness as those which have been previously identified and approved by the Department. C. W hen safe under the totality of the circumstances and if time and circumstances permit, me mbers of the department shall use de- escalation techniques in order to reduce the need for force. De-escalation techniques are actions used by members of the department that seek to minimize the likelihood of the need to use force during an incident and increase the likelihood of gaining voluntary complian ce from a subject. Note that these techniques should only be employed when it is safe to do so. OPS-03.12 12 W hen safe and feasible under the totality of circumstances, members of the department shall attempt to slow down or stabilize the situation so that more time, options and resources are available for incident resolution. W hen time and circumstances reasonably permit, members of the department shall consider whether a subject’s lack of compliance is a deliberate attempt to resist or an inability to comply based on factors including, but not limited to: Medical conditions Mental impairment Development disability Physical limitation Language Barrier Drug Interaction Behavioral Crisis An officer’s awareness of these possibilities, when time and circumstances reasonably permit, shall then be balanced against the facts of the incident facing the officer when deciding which tactical opti ons are the most appropriate to bring the situation to a safe resolution. Mitigating the immediacy of threat gives officers of the department time to utilize extra resources, and increases time available to call mo re officers or specialty units. The number of officers on scene may increase the available force options and ma y increase the ability to reduce the overall force used. Other examples include: Placing barriers between an uncooperati ve subject and an officer Containing a threat Moving from a position that exposes officers to potential threats to a safer position Decreasing the exposure to potential threat by using - Distance - Cover - Concealme nt Communicating from a safe position intended to gain the subject’s comp liance, using: - Verbal persuasion - Advisements - W arnings OPS-03.13 13 Avoiding physical confrontation, unless immediately necessary (for example, to protect some one, or stop dangerous behavior) Using verbal de-escalation techniques to generate cooperation and gain voluntary comp liance. Calling extra resources to assist or officers to assist: - More officers - CIT officers - Officers equipped with less-lethal tools - Supervisors. * Using any other tactics and approaches that attempt to achieve gaining the compliance of the subject. D. Reasonable officer’s perception/Reasonable officer’s response (see attached matrix) VII. CIVILI AN OFFICERS (COMMUNITY SERVICE AND ANIM AL CONTROL OFFICERS) A. Community Service Officers assigned to the road and Animal Control Officers shall carry chemical irritants (OC) under this policy for the sole purpose of self-defense from persons or from animals. B. W hen dealing with upset persons, civilian officers mu st first attemp t to deescalate the situation, if it is reasonable to do so, by backing away from the situation to a place of safety (vehicle or other barrier) and calling for a sworn officer to come to the scene. If after attempting to deescalate the situation, the civilian officer reasonably believes that they are going to be assaulted, the officer ma y deploy their chemical irritant in a manner consistent with training. C. W hen dealing with aggressive anima ls, civilian officers should try backing away from the situation to a place of safety (vehicle or other barrier) and call for a sworn officer to come to the scene to assist. If the civilian officer is unable to make it to a place of safety and they reasonably believe that they may be attacked, the officer may deploy their chemical irritant at the animal in a manner consistent with training. D. Civilian officers that deploy chemical agents at a person are subject to all reporting requirements set forth in this policy. Additionally, they are responsible to immediately contact the on duty W atch supervisor as well as summoning medical personnel to the scene for any injuries. E. Civilian officers that deploy chemical agents at an animal shall notify their supervisor to make them aware that a chemical agent was deployed as well as the circumstances involved. OPS-03.14 14 F. W hen dealing with persons, a civilian officer will be held to the “Reasonable officer’s perception/Reasonable officer’s response” standard. (see level four and five in the attached matrix) VIII. PREREQUISITES TO CARRYING LETHAL / LESS LETHAL WEAPONS All personnel authorized to carry weapons intended for use of force application must receive training on their use from the perspecti ves of practical application and organizational policy. Instruction should include confirmation of employee understanding of legal implications and requirements, weapon specific operating and care procedures, documentation and reporting procedures, and obligations following the use of force. IX. FBI NATION AL USE of FORCE DAT A COLLECTION The Department voluntarily participates in the FBI National Use of Force Data Collection. The sergeant of planning and research shall track the following use of force incidents: - W hen a fatality to a person occurs connected to a use of force by an Iowa City police officer. - W hen there is serious bodily injury to a person connected to a use of force by an Iowa City police officer. For this section the definition of serious bodily injury will be based, in part, upon Title 18, United States Code, Section 2246 (4). The term “serious bodily injury” means “bodily injury that involves a substantial risk of death, unconsciousness, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.” - In the absence of either death or serious bodily injury, when a firearm is discharged by an Iowa City police officer at or in the direction of a person. W hen an incident meeting the above criteria is met the sergeant of planning and research shall report the following information to the FBI: Incident Information - Date and time of the incident - Total number of officers who applied actual force during the incident - Nu mber of officers from the Iowa City Police Department who applied actual force during the incident - Location of the incident (address or lati tude/l ongitude) OPS-03.15 15 - Location type of the incident (street, business, residence, restaurant, school, etc.) - Did the officer(s) approach the subject(s)? - W as it an ambush incident? - W as a supervisor or a senior officer acting in a supervisory capacity present or consulted at any point during the incident? - W hat was the reason for initial contact between the subject and the officer (response to unlawful or suspicious activity, routine patrol, traffic stop, etc.)? - If the initial contact was due to “unlawful or criminal acti vity,” what were the most serious reported offenses committed by the subject prior to or at the time of the incident? - If applicable, the National Incident-Based Reporting System or local incident number of the report detailing criminal incident information on the subject and/or assault or homicide of a law enforcement officer - If the incident involved multiple law enforcement agencies, the case numbers for the local use-of-force reports at the other agencies Subject Information - Age, sex, race, ethnicity, height, and weight - Injury/death of subject(s) (gunshot wound, apparent broken bones, unconsciousness, etc.) - Type(s) of force used connected to serious bodily injury or death (firearm, electronic control weapon, explosive device, blunt instrument, etc.) - Did the subject(s) resist? - W as the threat by the subject(s) di rected to the officer or to another pa rty? - Type(s) of subject resistance/weapon involvement (threatened officer, threatened others, threatened self, active aggression, firearm, attempt to flee, etc.) - W as there an apparent or known impairment in the physical condition of subject? If yes, indi cate which (mental health/alcohol/drugs/unknown) - At any time during the incident, was the subject(s) armed or believed to be armed with a weapon? OPS-03.16 16 Officer Information - Age, sex, race, ethnicity, height, and weight - Years of service as a law enforcement officer (total tenure, number of years) - At the time of the incident, was the officer a full -time employee? - W as the officer readily identifiable? - W as the officer on duty at the time of the incident? - Did the officer discharge a firearm? - W as the officer injured? - W hat was the officer’s injury type (gunshot wound, apparent broken bones, severe laceration, unconsciousness, etc.) Jody Matherly, Chief of Police WARNING This di rective is for departmental use only and does not apply in any criminal or civil proceeding. The departme nt policy should not be construed as a creation of higher legal standard of safety or care in an evidentiary sense with respect to third-party claims. Violations of this directive will only form the basis for departmental administrative sanctions. OPS-03.17 17 LEVEL ONE Perception – Subject is compliant Response – Cooperative controls (includes: me ntal preparation, spatial positioning, communications skills, handcuffing positions and techniques, searching techniques, arrest and transport controls) COOPER ATIVE CONTROLS USE OF FORCE MODEL – FUNCTIONAL PROFILE COMPL IANT: LEVEL 1 COOPERATIVE CONTROLS > PERCEPTION SKILLS MENTAL PREPARATION > RISK ASSESSMENT > SURVIVAL ORIENTATION > OFFICER STANCE SPATIAL POSIT IONING > BODY LANGUAGE > RELATIVE POSITIONING VERBAL > - VERBAL COMMANDS/DIRECTIVES COMMUNICAT ION SKILLS - VERBAL DE-ESCALATION TECHNIQUES > NON-VERBAL > WALL HANDCUFFING PO SI TIONS > STANDING > PRO NE > KNEELING HANDCUFFING T ECHNIQ UE > CONTROLLED > WALL SEARCHI NG TECHNIQUES > STANDING > PRO NE > KNEELING > OPPOSITE SEX SPECIALIZED T ECHNIQUES > FRISK > ST RIP ARREST T ECHNIQUES > SINGLE OFFICER > MULTIPLE OFFICERS ESCORT CONT ROLS > SINGLE OFFICER > MULTIPLE OFFICERS T RANSPORT CONT ROLS > SINGLE OFFICER > MULTIPLE OFFICERS OPS-03.18 18 LEVEL TW O Perception – Subject is passively resistant Response – Contact controls (includes: contact controls, conflict management techniques, and mass formation arrest techniques including: multiple officer lifts, stretchers, wheelchai rs etc.) CONT ACT CONTROLS USE OF FORCE MODEL –FUNCTION AL PROFILE RESISTIVE (Passive): LEVEL 2 CONT ACT CONTROLS FORCE OPTIONS (also includes all options from lower Levels) > VERBAL COMMUNICAT ION SKILLS - VERBAL DIRECTIVES - VERBAL DE-ESCALATION TECHNIQUES > NON-VERBAL > ARM CONT ACT CONT ROLS > W RI ST > HAND > ESCORT TECHNIQUES ARREST T ECHNIQUES > TRANSPORT TECHNIQUES > MASS FORMATION OPS-03.19 19 LEVEL THREE Perception – Subject is actively resistant Response – Compliance techniques (includes: neuromuscular controls, joint manipulation, nerve compression, chemical irritants, e.g. OC spray, controlled stopping devices for fleeing vehicle incidents) COMPLIANCE TECHNIQUES USE OF FORCE MODEL – FUNCTIONAL PROFILE RESIST ANT (Active): LEVEL 3 COMPLIANCE TECHNIQUES FORCE OPTIONS (also includes all opti ons from lower Levels) > NERVE COMPRESSION TECHNIQUES COMPLIANCE CONT ROLS > CHEMICAL IRRITANTS, CROW D CONTROL CHEMICAL MUNITIONS > CONTROL TACTICS > HEAD NERVE COMPRESSION TECHNIQUES: > NECK NEURO-MUSCULAR CO NT ROLS > ARM > LEG CONT ROL TACT ICS > W RI ST ROTATION > ELBOW LEVERAGE BICYCLE > TAKE DOW N TECHNIQUES VEHICLE PURSUIT T ACT ICS > COMMUNICAT IONS/ASSESSMENT SKILLS > PACING/TRAILING TECHNIQUES OPS-03.20 20 LEVEL FOUR Perception – Subject is physically assaultive and ma y cause bodily injury Response – Defensive tactics (includes: personal weapon defense, e.g. hands, knees, feet, active countermeasures, etc.; impact weapons, e.g. ASP, weapon retention techniques, conducted energy devices) DEFENSIVE TACTICS USE OF FORCE MODEL – FUNCTIONAL PROFILE ASS AULTIVE (Potential Bodily Harm): LEVEL 4 DEFENSIVE T ACTICS FORCE OPTIONS (also includes all opti ons from lower Levels) > HEAD > HANDS PERSONAL W EAPON DEFENSES > ELBOW S > FEET > KNEES IMPACT W EAPONS (ASP) > STRIKES > IMPACT PROJECTILES > CANI NE OPERATIONS LESS LET HAL W EAPONS > CONDUCTED ENERGY DEVICES > OTHER OPTIONS > FRONT W EAPON RET ENT ION TECHNIQUES (Less Lethal) > REAR > SIDE OT HER W EAPONS > CONTROL / APPREHENSION CANINE* TECHNIQUES *Deployment of canine for apprehension/protection shall be preceded by actions of suspect which are consistent with Level 4 (Assaultive – Potential Bodily Harm) behavior. The exception to this is the deployment of canine for building searches or related circumstances, where the suspect actions are not known. In this ci rcumstance procedures spelled out in the “Cani ne Operations” General Order (99-04) shall be followed. 21 LEVEL FI VE Perception - Subject is assaultive and likely to cause SERIOUS bodily injury or death Response- Deadly force (includes: weapon/weapons attack defense, lethal f orce utilization with service/supplemental weapons, forcible stopping techni ques for assault with vehicle incidents) DE ADLY FORCE USE OF FORCE MODEL – FUNCTIONAL PROFILE ASS AULTIVE (Serious Bodily Harm/Death): LEVEL 5 DEADLY FORCE FORCE OPTIONS (also includes all opti ons from lower Levels) > W EAPON ATT ACK DEFENSE > W EAPONLESS > W EAPON RETENTION T ECHNIQUES > SERVICE W EAPON LET HAL FORCE UT ILIZAT ION > SUPPLEMENTAL W EAPON > OTHER OPTIONS OT HER OPTIONS: > CONTACT FORCIBLE ST OPPING T ECHNIQUES > ROADBLOCK 22 EXHIBIT B POLICE DEPARTMENT FY2021 BUDGET Revenue Description Approved Hotel/Motel Tax -538,170 Animal Permits & Licenses -35,000 Federal Grants -7,880 Federal Pass-Through Grants -240,285 Other State Grants -825 Johnson County -179,816 Coralville -94,670 University Heights -1,307 Other Local Governments -27,737 Special Police Services -100,000 Animal Impound & Boarding -14,920 Excessive Alarms -6,360 Charges for Services -5,990 Contrib & Donations -77,000 Copies/Computer Queries -11,240 Sale of Maps/Videos -20,550 Sale of Autos -39,900 Animal Adoption -35,000 Misc Sale of Merchandise -6,250 Reimb of Expenses -23,250 Sale of Equipment -1,000 Total Revenue -1,467,150 Expenditures Description Approved Perm Full Time 8,471,607 Perm Part Time 57,234 Temporary Employees 136,749 Overtime Wages 708,500 Longevity Pay 63,925 Health Insurance 1,810,402 Dental Insurance 34,570 Life Insurance 17,032 Disability Insurance 5,354 Unemployment Compensation 6,000 FICA 231,331 IPERS 158,103 Public Safety Retirement 1,829,111 Uniform Allowance 23,975 Monthly Cellular/PCS All 1,200 High Speed Internet All 540 Court Costs & Services 2,772 Investigative Funds 2,000 Financial Services & Charges 2,066 23 Consultant Services 1,000 Other Professional Services 99,400 Veterinary Service 71,656 Mail & Delivery 311 Legal Publications 320 Transportation 7,700 Training Instructor 10,000 Registration 61,200 Lodging 30,750 Meals 25,300 Certifications 6,220 Bonding & Other Insurance 240 Electricity 32,575 Landfill Use 400 Heating Fuel/Gas 3,416 Refuse Collection Charge 3,000 Cell Phone/Data Service 48,000 Car Washes 5,173 Other Building R&M Services 33,435 Structure R&M Services 1,153 Heating & Cooling R&M Services 34,000 Furnishing R&M Services 200 Electrical & Plumbing Repair 826 Office Equipment R&M Services 3,178 Radio Equipment R&M Services 5,050 Other Equipment R&M Services 4,926 Software R&M Services 109,500 Laundry Service 1,408 Snow and Ice Removal 1,840 Towing 4,000 Outside Printing 10,922 Other Operating Service 3,388 ITS-Server/Storage Chgbk 88,991 ITS-PC/Peripheral/Table 146,227 ITS-Capital Replacement 6,240 ITS-Infrastructure Fee 75,160 ITS-Software SAAS Chgbk 35,460 Photocopying Chargeback 20,380 Phone Equipment/Line Charge 28,571 Mail Chargeback 10,251 Delivery Services Charge 553 City Vehicle Replacement 3,470 City Vehicle Rental Charge 410 Fuel Chargeback 122,664 Vehicle R&M Chargeback 109,156 Pass-through Grants 86,284 Permitting Fees 250 Dues & Memberships 3,495 Land & Building Rental 1,007 Misc Services & Charges 800 24 Office Supplies 15,110 Sanitation & Indust Supplies 4,719 Photo Supplies & Equipment 2,700 Radio Equipment Supplies 4,400 Subscriptions 24,861 ITS-Data Storage Media 4,240 Software 11,000 Misc Computer Hardware 3,317 Laboratory Chemicals &S 9,244 Laboratory Equipment 3,000 Other Chemicals & Supplies 529 Clothing & Accessories 5,968 Uniform Clothing 40,362 Protective Armor/Vests 17,336 Leather Accessories 4,000 Other Maintenance Supplies 921 Equipment R&M Supplies 920 Other Vehicle R&M Supplies 3,295 Animal Feed 8,315 Animal Supplies 51,630 Training Supplies & Materials 8,044 Minor Equipment 31,300 Tools 150 First Aid/Safety Supplies 6,025 Purchases For Resale 6,591 Miscellaneous Supplies 5,730 Fire Arms Supplies 45,000 Food and Beverages 2,159 Automobiles 286,000 Trucks 5,000 Other Vehicular Equipment 5,000 Other Operating Equipment 113,000 Software 15,000 Total Expenditures 15,667,193 25 EXHIBIT C Date: June 11, 2020 To: Ashley Monroe, Assistant City Manager From: Stefanie Bowers, Human Rights Coordinator & Equity Direc tor Re: Update on Racial Equity Toolkits June 2020 Since 2016, fifteen City departments/divisions have completed training on using racial equity toolkits to review their policies, procedures, services, and programs: Parks and Recreation, Fire, Library, Police, Accounting, Animal Care Center, Building Inspection, Community & Development Services, Human Rights, MPOJC, Purchasing, Finance, Housing Authority, Housing Inspecti on, and Human Resources. The last remaining departments, City Clerk, Communications, Public Works, Transit, Senior Center, and the Airport will be completed in 2020. The use of racial and socioeconomic equity toolkits has allowed staff in those departments/divisions to normalize conversations on race and to be conscious of race in the services we provide as a City to the community. The toolkits have aided staff’s ability to more effectively collect data, work with community voices, deliver the training of the toolkit to other staff for capacity building within the City, and to recognize racial equity as a priority that will lead us to better decision making and better outcomes. The departments/divisions used a three -step process to gather information that was used to inform planning and decision making about public policies and programs. Each step is enumerated below. Step 1: “What is the impact of the proposal on determinants of racial equity?” The aim of the first step is to determine whether the proposal will have an impact on equity or not. Step 2: “Who is affected by the proposal?” This step identifies who is likely affected by the proposal. Step 3: “Opportunities for action?” The third step involves identifying the impacts of the proposal from a racial equity perspective. The goal is to develop a list of likely impacts and actions to ensure that negative impacts are mitigated, and positive impacts are enhanced. 26 As departments/divisions have become more comfortable at operationalizing the use of a racial equity lens, we have seen an increase in translations of City documents into other languages, fine-free policies on young adult and children materials at the Library, increased marketing and donation acceptance for expansion of the utility discount pr ogram, and support for the creation of the South District Home Investment Partnership Program. Emphasis on equity throughout City activities has also expanded to beyond staff use. For example, the equity working group of the Climate Action Commission is de termining how this tool or similar lens could be used in review of proposed actions and community engagement. Departments/divisions also receive biannual supplemental training by the Government Alliance on Race and Equity (GARE). The most recent GARE training was held on March 29, 2020. In addition, City department s/divisions report out on a quarterly basis on trainings and outreach. The most recent report is attached. Past quarters can be found at https://www.icgov.org/city-government/departments-and- divisions/equity-and-human-rights/social-justice-and-racial-equity under Social Justice and Racial Equity Quarterly Updates. 27 EXHIBIT D Special Populations Involvement Program (SPI) Fiscal Year 2021 Op erating Budget SPI Supervision Adopted Perm Full Time 76,815 Health Insurance 21,457 Dental Insurance 407 Life Insurance 150 Disability Insurance 219 FICA 5,776 IPERS 7,251 Registration 600 Lodging 390 Meals 200 Certifications 765 Cell Phone/Data Service 625 ITS-Server/Storage Chg 511 ITS-PC/Peripheral/Tabl 864 ITS-Software SAAS Chgb 237 Photocopying Chargeback 1,275 Office Supplies 200 SPI Supervision Total 117,742 SPI Clubs & Events Adopted Lessons -9,900 Special Events -7,370 Contrib & Donations -400 Temporary Employees 45,427 FICA 3,475 IPERS 4,288 Transportation 1,500 Vehicle Rental 900 Misc Services & Charge 1,609 Gasoline 100 Recreational Equipment 1,000 Recreational Programs 8,500 Food and Beverages 2,327 SPI Clubs & Events Total 51,456 SPI Revenue Total -17,670 SPI Expense Total 186,868 Projected Balance 169,198 28 EXHIBIT E TO: Interim Chief Bill Campbell FROM: Sgt. Derek Frank RE: April 2020 Use of Force Review DATE: May 22, 2020 The Use of Force Review Committee met on May 22, 2020. It was composed of Sgt. Frank and Officer Neeld. Captains Campbell and/or Brotherton had reviewed the reports previously. For the review of submitted reports in April, 25 individual officers were involved in 16 separate incidents requiring use of force. Any issues or concerns were identified and addressed at previous levels of review. The highest level of force used in each incident is below: Hands-on 6 Taser Display 1 Taser Discharge 2 OC Spray Deployment 0 Firearm(s) Display 6 Firearms Discharge 0 ASP Striking 0 Officer Striking/Kicking 0 Animal Dispatched 1 SRT Callouts 0 Vehicle Pursuits 0 Officer Injuries 1 (Superficial) Suspect Injuries 2 (Superficial) Reports submitted to U.S. DOJ 0 Copy: City Manager, All Police Supervisors, Review Committee 29 IOWA CITY POLICE DEPARTMENT Use of Force Report Ap ril 2020 Officer Badge Number# Date Incident Number # Incident type Force Used 34 4/1 2020002840 fight Subject attempted to flee on foot from officer, who tripped him to the ground and pulled arm behind back for cuffing – subject resisted and tried to turn over and keep other hand away from officer – officer pulled one arm up subject’s back to gain compliance, which he did - cuffed 27, 6, 49, 62, 41, 7 4/6 2020002911 Weapons- related Officers displayed various firearms during high-risk traffic stop – no further force used 17 4/7 2020002913 Burglary Officer displayed pistol and gave commands to two burglary suspects who attempted to flee and hide from officers 27 4/12 2020002994 Domestic Handcuffed subject lunged at another and attempted to headbutt him – officer grabbed subject by should, around torso, and held him back from continuing assault 32, 5, 36, 26, 43 4/15 2020003020 Domestic Subject refused to follow instructions and tensed/pulled against officers during attempted custody/cuffing – CED was deployed, which allowed for handcuffing – subject refused to get in squad and was pushed/pulled in for transport 68, 39 4/15 2020003027 Mental issue Officers grabbed subject by each arm when he showed signs of aggression toward paramedic – when subject attempted to lunge/punch, officers used momentum to put him on the ground and handcuff 34 4/20 2020003093 trespass Officer punched subject and deployed CED at subject who struck him, got on top of officer on the ground, and grabbed in the area of officer’s pistol. 68, 34, 35, 70 4/20 2020003099 Assist other agency Officers pointed rifle, pistols, and shotgun in direction of hiding subject during search for others who fled from shooting scene 30, 20, 39 4/22 2020003127 Mental issue Subject experiencing mental issue ignored orders and requests and attempted to enter kitchen, past officers. Officers 30 grabbed his torso, took him to the ground to control movement and forced hands behind back for cuffing as he tensed and attempted to pull away. 37 4/22 2020003129 Trespass Officer pointed CED at subject who was found inside vacant house, hiding and did not follow instructions to lie on ground 30 4/23 2020003141 Suicidal subject Officer grabbed subject by his jacket and pulled him to safety from a ledge where he was sitting and threatening to jump 17, 23, 25 4/29 2020003191 Stolen vehicle Officers conducted high-risk traffic stop with pistols and rifle displayed and ready – subject followed commands and was cuffed 22, 68 4/27 2020003202 NCO violation Officer gave commands while pointing pistol at subject who ran/hid and was reportedly possibly armed with a gun – second officer tackled subject to ground to control movement after not following commands - cuffed 18, 25, 58 4/28 2020003205 No-contact order violation Subject was pushed against a wall and arms forced behind back to handcuff when he attempted to pull away from officers and retreat into apartment – he was pushed/pulled to squad when he refused to walk on his own 37, 30 4/29 2020003230 Burglary Officers cleared residence with pistol in low-ready and provided commands when they encountered a subject hiding – pushed subject against wall to control movement when he attempted to pull away – leg sweep when subject continued to turn toward officer prior to search – knee on back to control movement during search 30 4/29 2020003254 Injured deer Officer shot injured deer 31 EXHIBIT F 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 EXHIBIT G [DRAFT] MEMORANDUM OF UNDERSTANDING Date: June 10, 2020 This MEMORANDUM OF UNDERSTANDING is entered into by the Johnson County Sheriff’s Department, Iowa City Police Department, University of Iowa Department of Public Safety, Coralville Police Department, North Liberty Police Department and University Heights Police Department to grant authority to our law enforcement officers from each jurisdiction to intervene if unreas onable force is observed. DUTY TO INTERVENE Any law enforcement officer present and observing another law enforcement officer using force that is beyond that which is objectively reasonable under the circumstances shall when in a position to do so, intercede to prevent the use of unreasonable force. Sworn officers and deputies must protect the public and other employees regardless of tenure, rank, or member agency, and must safely intervene by verbal and physical means. A law enforcement officer who observes another employee use force that exceeds the degree of force permitted by law should promptly report these observations to a supervisor. We agree and hold ours elves accountable to the communities we serve. Respectfully, _________________________________ ________________________________________ Bill Campbell, Iowa City Chief of Police Scott Beckner, Director of Public Safety U of Iowa ____________________________________ ________________________________________ Lonny Pulkrabek, Johnson County Sheriff Shane Kron, City of Coralville Chief of Police ____________________________________ _______________________________________ Diane Venenga, North Liberty Chief of Police Troy Kelsay, University Heights Chief of Police 56 EXHIBIT H 57 58 59 60 EXHIBIT I Permanent Employee s Race/Ethnicity Data **“More than 1 Race” not tracked prior to 2018 597 596 603 584 583 558 562 557 550 553 549 18 16 16 15 15 17 16 21 21 28 26 15 16 16 16 16 14 12 13 13 13 18 5 5 5 6 6 4 4 6 6 6 7 4 6 9 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Iowa City Permanent Employee Demographics: Race/Ethnicity 10-Year Historical White Black or African American Hispanic Asian American Indian or Alaska Native Native Hawaiian or other Pacific Islander More than 1 Race 90.00% 4.26%2.95%1.15%0.16%0.00%1.48% 78.34% 5.47% 5.07%6.55% 0.20%0.04%4.33% White Black or African American Hispanic Asian American Indian or Alaska Native Native Hawaiian or other Pacific Islander More than 1 Race Permanent City Employee Race/Ethnicity Demographics vs. City Population Race/Ethnicity Demographics (as % of total) Iowa City Permanent Employees (2020)Iowa City Population (2010 Census) 61 Police Union-Members Race/Ethnicity Data Members of the police union, or Police Labor Relations Organization (PLRO) include sworn officers. 52 55 58 55 55 60 61 59 59 58 58 2 2 2 2 2 2 2 5 4 5 5 2 2 2 2 2 2 1 1 1 1 2 1 1 1 2 2 2 2 2 2 2 2 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Iowa City Police Union Member Demographics: Race/Ethnicity 10-Year Historical White Black or African American Hispanic Asian American Indian or Alaska Native Native Hawaiian or other Pacific Islander More than 1 Race 86.57% 7.46% 2.99%2.99%0.00%0.00%0.00% 78.34% 5.47%5.07%6.55%0.20%0.04%4.33% White Black or African American Hispanic Asian American Indian or Alaska Native Native Hawaiian or other Pacific Islander More than 1 Race Police Union Member Race/Ethnicity Demographics vs. City Population Race/Ethnicity Demographics (as % of total) Police Union Members (2020)Iowa City Population (2010 Census) 62 Non-Union Police Employees Race/Ethnicity Data Non-union police employees include all department staff except PLRO sworn officers. This includes sworn supervisors, administration, civilian officers, and animal control. Race/ethnicity demographic information for non -union police staff is not available prior to 2018. 37 36 39 1 1 1 1 1 1 2018 2019 2020 Non-Union Police Demographics: Race/Ethnicity 10-Year Historical White Black or African American Hispanic Asian American Indian or Alaska Native Native Hawaiian or other Pacific Islander More than 1 Race 63 EXHIBIT J Information about the namesake of Wetherby Park The following information includes sourced excerpts from the Putnam Museum (http://putnam.org/Isaac-A-Wetherby) and the National Historic Registry of Historic Places. The home of Isaac A. Wetherby, currently located at 611 N. Governor Street, was registered on the National Register of Historic Plac es in 2009 for significant historical contributions to arts and commerce in the City of Iowa City. The application for registry with NRHP has additional details regarding Wetherby’s contributions to Iowa City community. This information can be found at: https://catalog.archives.gov/id/75339226 . Minutes from a 1976 Iowa City Parks Commission meeting, when W etherby Park was renamed, are also attached. History “Isaac A. Wetherby with his camera, c. 1869. (Library of Congress, LC-USZ62-3529) Isaac Augustus Wetherby was born in Province, Rhode Island on December 6, 1819 to Isaac (Sr.) and Sophia Wetherby. Isaac Sr. worked at a number of professions to provide for his family. The happiest years of young Wetherby’s life were spent in Charleston, MA, where his father was a factory foreman. Although Isaac was considered one of the town hooligans, he still attended several noteworthy schools. As an adult, Isaac reflected on his time at the Stowe Academy, reminiscing about a relative’s farm nearby. It was here that he discovered and developed his love of drawing. By 1834 times became hard for the Wetherbys. Isaac Sr. worked a variety of temporary jobs, and encouraged his son to use his talent and creativity to sustain a life for himself. Isaac moved to Boston and began his career as a professional artist. Isaac’s early commissions were for portraits. However, he implemented a cutting edge (for the time) technique. Using a process called daguerreotyping, the time required to sit for a portrait was significantly diminished. Daguerreotyping was the one of the first photographic processes available. Originally used in the early 1840s, the daguerreotype used chemicals and light to etch images onto metal plates. Isaac took a daguerreotype of the sitter and then paint from the image when the sitter was not available.” “While living in Louisville, Isaac traveled frequently to Tama County, Iowa, as well as Rockford, Illinois. He also found his political voi ce during this time, becoming a staunch and vocal Republican. After only a few months, Isaac returned to Boston to further himself as a photographer.” “Unfortunately, Isaac’s talents did not cross over into the agricultural world. After his farm failed, he and his family moved to Iowa City. Upon arrival in town, Isaac set up shop, and became Iowa City’s first commercial photographer. Business was thriving, and soon Isaac was able to move his shop across town, to a larger location.” “During this time Linco ln was running for the Presidential Office, and being known to be a republican supporter, Isaac 64 was approached by Dr. Kimball to create a number of posters in support of L incoln for the race. While a number were created, only one known specimen remains. Pe rhaps the most interesting is the one in our collection here at the Putnam. It was created in June of 1860, and paid for by Dr. Kimball with a recycled gold watch. The oth er posters were paid for with $12, ‘choice’ fruit, and an axe.” In later years he retired and began to travel more, always a bit of a rover throughout his life. Over the years Catherine and Isaac grew apart and, following the appearance of a mysterious step daughter on census records, she and their eldest daughter disappear from the Isaac’s records and presumably set out on their own. Isaac spends the last four years of his life in Kansas. He works, like his father in the twilight of his life, as a janito r in a sanitarium. This is where Isaac will eventually pass away in 1904. His body wa s sent to Catherine, back in Iowa. She buried him in Iowa City’s Oakland Cemetery. Despite his talent, there is very little written about Isaac Augustus Wetherby. His detailed day books, however, provide a one of a kind look inside the mind of an artis t. The books are available for public viewing during regular hours at the Iowa State Historical Library in Iowa City, IA. This project is supported in party by the State Historical Society of Iowa, Historical Resource Development Program.” Weatherby Park naming Council Proceedings included below: 65 66 67 68 69 70 71 72 73 EXHIBIT K 74 75 Item Number: 3. J une 11, 2020 Letter from U.S. Departmen t of Hou sing and Urb an Develop ment: Consol idated An n u al Performance Eval u ation Rep ort - Prog ram Year 2018 AT TAC HM E NT S : Description L etter from U.S. Department of Housing and Urban Development: Consolidated A nnual Performance Evaluation Report - P rogram Year 2018 Item Number: 4. J une 11, 2020 Email from John E. Patch ett: Dubuque Street Closu re [x2] AT TAC HM E NT S : Description Email from J ohn E. Patchett: Dubuque S treet Closure [x2] Item Number: 5. J une 11, 2020 Z oom in vite from Jon Li: Un d erstandin g local h eal thcare in the time of C O VID-19 AT TAC HM E NT S : Description Email from J on L i: Understanding local healthcare in the time of C O V I D-19 Item Number: 6. J une 11, 2020 Historic Preservation Commission : May 14 AT TAC HM E NT S : Description Historic P reservation Commission: May 14