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HomeMy WebLinkAbout08-19-2020 Community Police Review BoardMEMORANDUM COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City DATE: August 13, 2020 TO: CPRB Members FROM: Chris Olney RE: Board Packet for meeting on Wednesday, August 19, 2020 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 8/19/20 • Minutes of the meeting on 7/14/20 • ICPD General Order 99-05 (Use of Force) • Correspondence from Carol deProsse (x8), Jessica Kraemer, Iowa Freedom Riders (IFR) • ICPD Memorandum- Quarterly Summary report IAIR/CPRB, 1s` & 2°1 Qtr 2020 • ICPD Use of Force Review/Report January 2020 • ICPD Use of Force Review/Report February 2020 • ICPD Use of Force Review/Report March 2020 • ICPD Use of Force Review/Report April 2020 • ICPD Use of Force Review/Report May 2020 • ICPD Use of Force Review/Report June 2020 • Correspondence from Carol deProsse (x9), Jessica Kraemer, Iowa Freedom Riders (IRF) • Draft Fiscal Year 2020 CPRB Annual Report • Draft Community Forum Information • Draft Questionnaire Letter • Suggestions for CPRB changes • Iowa City Police Chief Search Information • Office Contacts —July 2020 • Complaint Deadline COMMUNITY POLICE REVIEW BOARD WEDNESDAY AUGUST 19, 2020 Electronic Formal Meeting — 5:30 PM ZOOM MEETING PLATFORM Electronic Meeting (Pursuant to Iowa Code section 21.8) An electronic meeting is being held because a meeting in person is impossible or impractical due to concerns for the health and safety of Commission members, staff and the public presented by COVID-19. You can participate in the meeting and can comment on an agenda item by going to hops://zoom.us/webinar/register/W-N-ob-Hva5SxSjbze66RC7rw via the internet to visit the Zoom meeting's registration page and submit the required information. Once approved, you will receive an email message with a link to join the meeting. If you are asked for a meeting or webinar ID, enter the ID number found in the email. A meeting password may also be included in the email. Enter the password when prompted. If you have no computer or smartphone, or a computer without a microphone, you may call in by telephone by dialing (312) 626-6799. When prompted, enter the meeting or webinar ID. The ID number for this meeting is: 988 5002 5474 Once connected, you may dial *9 to "raise your hand," letting the meeting host know you would like to speak. Providing comments in person is not an option. ITEM NO. 1 CALL TO ORDER and ROLL CALL ITEM NO. 2 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED • Minutes of the meeting on 07/14/20 • ICPD General Order 99-05 (Use of Force) • ICPD Memorandum- Quarterly Summary report IAIR/CPRB, 1s` & 2"1 Qtr 2020 • ICPD Use of Force Review/Report January 2020 • ICPD Use of Force Review/Report February 2020 • ICPD Use of Force Review/Report March 2020 • ICPD Use of Force Review/Report April 2020 • ICPD Use of Force Review/Report May 2020 • ICPD Use of Force Review/Report June 2020 • Correspondence from Carol deProsse (x9), Jessica Kraemer, Iowa Freedom Riders (IRF) ITEM NO. 3 NEW BUSINESS 0 DRAFT- Fiscal Year 2020 CPRB Annual Report ITEM NO. 4 OLD BUSINESS • Community Forum Discussion Discussion Item No. 8 of Resolution 20-159 (Resolution of Initial Council Commitments addressing the Black Lives Matter Movement and Systemic Racism in the wake of the murder of George Floyd by Minneapolis Police and calls for action from protesters and residents) ITEM NO. 5 PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA (Commentators shall address the Board for no more than 5 minutes. The Board shall not engage in discussion with the public concerning said items). ITEM NO. 6 BOARD INFORMATION ITEM NO. 7 STAFF INFORMATION ITEM NO. 8 MEETING SCHEDULE and FUTURE AGENDAS • September 8, 2020, 5:30 PM, Electronic Zoom Meeting • September 21, 2020, 5:30 PM, (Community Forum) Electronic Zoom Meeting • October 13, 2020, 5:30 PM, Electronic Zoom Meeting • November 10, 2020, 5:30 PM, Electronic Zoom Meeting • December 8, 2020, 5:30 PM, Electronic Zoom Meeting ITEM NO. 9 CONSIDER MOTION TO ADJOURN TO EXECUTIVE SESSION based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. ITEM NO. 10 ADJOURNMENT If'you will need disability -related accommodations in order to participate in this program/event, please contact Chris Olney at 319-356-5043, chiistine-olney@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. DRAFT COMMUNITY POLICE REVIEW BOARD MINUTES — July 14, 2020 Electronic Meeting (Pursuant to Iowa Code section 21.8) An electronic meeting was held because a meeting in person was impossible or impractical due to concerns for the health and safety of council members, staff and the public presented by COVID-19. CALL TO ORDER: Vice -Chair Orville Townsend called the meeting to order at 5:30 P.M. Townsend welcomed new Board members Jerri MacConnell and Amanda Nichols. MEMBERS PRESENT: Jerri MacConnell (5:37), Latisha McDaniel (5:32 p.m.), Amanda Nichols, David Semler MEMBERS ABSENT: None STAFF PRESENT: Staff Chris Olney, Kellie Fruehling and Legal Counsel Patrick Ford OTHERS PRESENT: Interim Police Chief Denise Brotherton RECOMMENDATIONS TO COUNCIL None. CONSENT CALENDAR Motion by Selmer, seconded by McDaniel to adopt the consent calendar as presented or amended. Minutes of the Meeting on 6/9/2020 ICPD General Order 20-01 (Duty to Intervene and Report) Correspondence from Cecelia Profitt, Chris Wei, Nic Arp, Kenn & Pat Bowen, Caroline Dieterle, Carol deProsse (06), Erin Gould on behalf of Keith Porter Motion carried, 410, MacConnell absent. OLD BUSINESS Community Forum Discussion — rescheduling forum date. After Board discussion it was determined the Community Forum would be held on Monday, September 21stat 5:30 p.m. via Zoom meeting platform Olney asked if Board wanted to keep the same previously planned forum topic. Legal Counsel Ford advised of having an option to not have a presentation, which would allow more time for questions and answers. Board members agreed to skip the Police camera presentation and have an open discussion forum format. Olney will include a revised draft forum notice and agenda in the next meeting packet for the Board to review. NEW BUSINESS Item No. 8 of Resolution 20-159 (Resolution of Initial Council Commitments addressing the Black Lives Matter Movement and Systemic Racism in the wake of the murder of George Floyd by Minneapolis Police and calls for action from protesters and residents) Townsend introduced City Council Member/CPRB Liaison Janice Weiner and asked her to provide background and information as to what direction the City Council is requesting the CPRB regarding item 8 of the resolution. CPRB minutes DRAFT July 14, 2020 Councilor Weiner stated she found it positive for Iowa City to be the only city in Iowa that currently has a Community Police Review Board which was established in the late 90's and that there is no other comparable board in Iowa. Weiner explained that the Council is requesting the board to present a report and recommendations in consultation with an attorney of its choice. The report should include changes to the CPRB ordinance including what additional powers that would be useful to help the CPRB more effectively function, listing both those permitted by law and those not currently allowed. McDaniel questioned what currently is not allowed by state law and how is it tied to legislation. Weiner noted she was not familiar with the restrictions and limitations of the laws, but this could be referred to an attorney to get the scope of what is allowed under the law. Townsend noted the January deadline for the CPRB to have the recommendations report to Council. Councilor Weiner noted a preliminary recommendations draft would be acceptable. Selmer commented that Legal Counsel Ford has been extremely instrumental on providing guidance to the board on procedural and state law issues relating to the updating of the Ordinance in the past. He felt the Board should stay with Ford as Legal Counsel to further advise on this matter. PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA None. BOARD INFORMATION Nichols suggested adding an option to submit CPRB Complaints on-line which would help with accessibility issues. This would be in addition to the currently available hard copy option. Fruehling noted that it would need to be approved by legal due to the required certified signature and at this time the City does not have the DocuSign capability. Legal Counsel Ford suggested it could be added to the list of CPRB want items. Fruehling added she will check with Staff on the process. McDaniel was wondering why more complaints are not filed. Stating it could be just that there are not very many, or it could be an accessibility issue, or possibly that people are afraid of retaliation due to having to submit their personal information to the police department and CPRB. She suggested an option of filing a complaint anonymously which could be useful in order to initiate an investigation into a specific incident. Nichols mentioned the lack of public awareness of the Iowa City CPRB complaint processes and the available resources. MacConnell stated she wants to be sure everything is fair and transparent to the public and police officers. Legal Counsel Ford advised the Board that they should look at the big picture of what Council has asked the Board to address and that these items could be part of the Board's recommendation report. Selmer agreed and noted these are all great ideas and suggestions, however he also noted this all ties back to the New Business item that the Council has charged to the CPRB. He suggested further discussion now as opposed to waiting until the next meeting to formulate a plan of action. RESUME NEW BUSINESS ITEM DISCUSSION Selmer suggested approaching the Council charge in a three -step plan. CPRB minutes DRAFT July 14, 2020 1. Formulate a list from each member detailing their suggestion as to what additional powers would help the Board to most efficiently function. 2. Discuss/Review/Debate suggestions 3. Research options and create report of recommendations to Council Legal Counsel Ford encouraged members to review and become familiar with the CPRB's Ordinance, By -Laws and Standard Operating Procedures. As they would be useful tools to help with ideas on what changes the Board is wanting since the power of the Board is determined by the Ordinance itself. Ford also stated he is available if anyone should need assistance or has any questions. Olney will email members PDF's of Ordinance, By -Laws and Standard Operating Procedures. After discussion the Board agreed to have individual members submit their list of suggested recommendations to staff by August 3rd to include in the next meeting packet for Board review. Townsend suggested creating a questionnaire to be sent to past board members asking for their input and suggestions. Members agreed that this would be useful. Board members will submit their suggestions for questions to Townsend to prepare a draft questionnaire which will be included in the next meeting packet for board review. STAFF INFORMATION Olney asked the Board to review the updated member contact list submitted in the meeting packet and advise of any changes needed. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) August 11, 2020 5:30 PM, Electronic Zoom Meeting Platform September 8, 2020 5:30 PM, Electronic Zoom Meeting Platform September 21, 2020, 5:30 PM, Community Forum Electronic Zoom Meeting Platform October 13, 2020 5:30 PM, Electronic Zoom Meeting Platform November 10, 2020, 5:30 PM, Helling Conference Rm ADJOURNMENT Motion for adjournment by Selmer, seconded by McDaniel Motion carried, 5/0. Meeting adjourned at 6:25 P.M. COMMUNITY POLICE REVIEW BOARD ATTENDANCE RECORD YEAR 2019-2020 (Meeting Date) 7/11/19 8113119 9/10119 9/24119 1018/19 1U12119 12/10/19 V14/20 2/1120 3/10/20 5/1220 6/9/20 7114120 NAME NO QUORUM Sam X X X X O/E O O O O Conaway Monique X X X X X X X X X X X Galpin Berri O X MacConnell Latisha O X X X X X O/E X X O X X McDaniel Amanda X Nichols David Selmer O X X X X X X X X X X X Orville X X X X X O/E X X X X X X Townsend KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting --- = Not a Member OPS-03.1 USE OF FORCE Original Date of Issue General Order Number April 28, 2001 99-05 Effective Date of Reissue Section Code August 5, 2020 1 OPS-03 Reevaluation Date Amends August2021 C.A. L.E.A. Reference 1.3.1— 1.3.8,1.3.13 (see "INDEX AS") INDEX AS; • Use of Force • Reporting • Significant Force • Investigation • Use of Force Mod'eT, • Canine • Arrests • Warning Shots 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 accomplish lawful objectives and effectively bring an incident under control, while protecting the lives of the officers and others. III. DEFINITIONS OPS-03.2 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. The discharge of a firearm, in the direction of some person with the knowledge of the person's presence there, even though no intent to inflict serious physical injury can be shown. The discharge of a firearm, at a vehicle in which a person is known to be. B. Serious Iniury (Section 702.18 Code of Iowa) — Means 1. disabling mental illness; or 2. bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement, 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 significantly restricts or alters the actions of another and/or compels compliance with the demands or instructions of the officer. This includes the use of restraint devices such as handcuffs. 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. De-escalation Techniques - 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 REASONABLENESS 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, 818 (8t^ Cir. 2005). On the other hand, "the right to make an arrest or investigatory stop necessarily carries with it the right to use some degree of OPS-03.3 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" also 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 mechanical application." Bell v. Wolfish, 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 arid preventing an escape. 1. Section 804.8 Use of force by peace officer making an arresf. 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 or a chokehold [chokehold is specifically defined in the state code]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. (Note: The use of a chokeholds and other lateral restraints is further limited by this policy. See Section X below.) 2. Section 804.13 Use of force in preventing an escape OPS-03.4 A peace officer or other person who has an arrested person in custody is justified in the use of such force to prevent the escape of the arrested person from custody as the officer or other person would be justified in using if the officer or other person were arresting such person. V. PROCEDURES A. DEADLY FORCE 1. Purpose of statement 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`fforce to stop or incapacitate an assailant to prevent serious bodily injury or death. For this purpose and to minimize danger to innocejt bystanders, the officer should shoot at the center body mass,, 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 made relative to the age of the intended target. e. Warning shots by officers of the Iowa City Police Department are prohibited. 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 g. Shooting at or from a moving vehicle is prohibited, except under the following circumstances: When the occupant of the vehicle is utilizing deadly force against the police officer or other persons. 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. Rendering medical aid following police actions a. Officers shall render immediate and appropriate medical aid in incidents that involve injuries sustained during detainments or apprehension b. Officers shall immediately activate the emergency medical system when: i. Obvious severe injuries have occurred, ` ii. Medical distress is apparent, or the individual is. unconscious, iii. Requested by the subject(s) involved, iv. The extent of an injury is unknown or not visible, or V. The nature or extent of the injury dictates. b. Officers shall err on the side of caution, requesting emergency medical system to respond to the scene if in doubt about the existence or extent of an injury. 4. Surrender of firearm. When 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 higher authority consistent with departmental directives. Firearms involved in police shooting incidents shall not be i111:102 o unloaded, cleaned, nor in any way altered from the condition immediately following discharge other than to make the weapon safe for transport. When more than one officer or weapon has been involved in shooting situation resulting in any injury or death, the involved weapons must be surrendered to the commanding officer in accordance with departmental directives. b. The commanding officer receiving such firearm or firearms shall immediately secure and document the same as evidence. B. LESS LETHAL FORCE 1. Where deadly force is not authorized under this policy, officers should assess the incident in order to determine which less lethal technique will best de-escalate the incident and bring it under control in a safe manner. Officers shall use no more force than is reasonably necessary to gain control of an individual or situation. Officers are authorized to use force consistent with the Use of Force model. 2. An officer shall use no more force than that officer reasonably feels is necessary in the performance of their official duties. Use of force by an officer is justified in, but not limited to, the following situations: 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 Any officer who discharges a firearm in the course of their duty, shall immediately 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: OPS-03.7 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 Commander cannot be notified, a watch supervisor shall notify the Chief of Police. 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 chemical 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 circumstances permit. This written report will then be forwarded through the chain of command to the Chief of Police for review. Exceptions to the requirement of a written report apply to the following circumstances 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. When, in accordance with applicable law, it becomes necessary for an officer to discharge a firearm to destroy an animal which presents a OPS-03.8 danger or is seriously injured or ill, the officer will, prior to discharging the fireann, request permission to do so from the on -duty supervisor. If such action must be immediately taken in order to protect the officer's or another person's safety, the officer need not delay action in order to request this permission. In this circumstance, however, the Watch Supervisor must be notified immediately after the firearm is used. A Use of Force report is required. 3. Administrative Review Committee. 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 may appoint multiple committees that alternate review responsibilities. ii. This group should, at a minimum, meet every month to review the Use of Force Reports from the previous month. ill. 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. 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 manner consistent with General Order 99-06: Internal Affairs Investigations as assigned by a Division Commander. LL, At a minimum, this will consist of a Report of Inquiry and supervisory review. H. 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 matters 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. OPS-03.9 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. 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 decontamination 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. When the only use of force is the application of handcuffs, double locked, no use of force report is necessary. The application: of handcuffs, double locked will be documented on a written complaint or citation or in the body of an incident report. 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 participant 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. OPS-03.10 6. Duty to Intervene and Report All employees are required to be familiar with and abide by GO 20- 01 titled Duty to Intervene and Report. E. INVESTIGATION OF USE OF FORCE RESULTING IN DEATH OR SERIOUS INJURY When any member of the police department is involved in an incident resulting in death or serious injury, a thorough and objective investigation of facts and circumstances will be initiated as soon as practical by the Chief of Police's designees and completed as soon as practical. The Chief of Police or his/her designee shall decide whether the DCI and/or any other outside agency shall be called to assist in the investigation. 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 employees 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 Division 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. OPS-03.11 c. At the discretion of the Chief of Police, the officer or employee may 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. 7. The Chief of Police may appoint one or more individuals to conduct a separate yet parallel (administrative) investigation into a use of force incident to ensure all personnel followed departmental policies and guidelines. VI. USE OF FORCE MODEL 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 obligation to provide their employees with the policies, training, and tools necessary to accomplish their mission. Selection of a use of force response from the options articulated in this model will be based on: the skills, knowledge, and ability of the officer; the perceived threat and amount of resistance offered by a subject; and consideration of the situational framework. A defined Use of Force Model will enhance the department's ability to manage the use of force and will benefit the officer by providing guidance, resources, and options. A. ESCALATION OF FORCE Officers of the Iowa City Police Department shall follow the principles of the Use of Force Model. The model describes an escalation of force, which is based on a reasonable officer's perception of threat or resistance. As a subject's resistance escalates, more force options become available to the officer. When resistance stops or reduces, the officer must correspoir Jingly de-escalate. Officers of the Iowa City Police Department must generally employ the tools, tactics, and timing of force utilization consistent with the Model's proscription and training protocols. Due to the fact that officer/member of the public confrontations occur in environments that are potentially unpredictable, "tense, uncertain, and rapidly evolving" (Graham v. Connor, 109 S.Ct. 1865, 1872 (1989)) the officer may utilize tools, tactics, and timing outside the parameters of the Model. However, these applications of force muss meet the same test of reasonableness as those which have been previously identified and approved by the Department. OPS 0° '12 B. DE-ESCALATION OF FORCE De-escalation strategies shall be applied in an effort to reduce the need for application of force, when safe and feasible. 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 compliance from a subject. Note that these techniques should only be employed when it is safe to do so. When 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. When 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 Developmental 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 options 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 more officers or specialty units. The number of officers on scene may increase the available force options and may increase the ability to reduce the overall force used. Other examples include: Placing barriers between an uncooperative subject and an officer Containing a threat Moving from a position that exposes officers to potential threats to a safer position OPS-03.13 Decreasing the exposure to potential threat by using - Distance - Cover - Concealment Communicating from a safe position intended to gain the subject's compliance, using: - Verbal persuasion - Advisements - Warnings Avoiding physical confrontation, unless immediately necessary (for example, to protect someone, or stop dangerous behavior) Using verbal de-escalation techniques to generate cooperation and gain voluntary compliance. 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. CIVILIAN OFFICERS (COMMUNITY SERVICE AND ANIMAL CONTROL OFFICERS) A. Community Service Officers assigned to the road and Animal Control Officers shall cant' chemical irritants (OC) under this policy for the sole purpose of self-defense from persons or from animals. B. When dealing with upset persons, civilian officers must first attempt 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 swom 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 may deploy their chemical irritant in a manner consistent with training. C. When dealing with aggressive animals, civilian officers should try backing away from the situation to a place of safety (vehicle or other barrier) and call OPS-03.14 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 Watch 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. When 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 perspectives of practical application and organizational policy. Instruction should includes 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 NATIONAL USE of FORCE DATA 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: When a fatality to a person occurs connected to a use of force by an Iowa City police officer. When 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. OPS-03.15 When 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 Number of officers from the Iowa City Police Department who applied actual force during the incident Location of the incident (address or latitude/longitude) Location type of the incident (street, business, residence, restaurant, school, etc.) Did the officer(s) approach the subject(s)? Was it an ambush incident? Was a supervisor or a senior officer acting in a supervisory capacity present or consulted at any point during the incident? What 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 activity," 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.) OPS-G3.16 Did the subject(s) resist? Was the threat by the subject(s) directed to the officer or to another party? Type(s) of subject resistance/weapon involvement (threatened officer, threatened others, threatened self, active aggression, firearm, attempt to flee, etc.) Was there an apparent or known impairment in the physical condition of subject? If yes, indicate 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? 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? Was the officer readily identifiable? - Was the officer on duty at the time of the incident? - Did the officer discharge a firearm? - Was the officer injured? - What was the officer's injury type (gunshot wound, apparent broken bones, severe laceration, unconsciousness, etc.) X. CHOKE HOLDS, LATERAL NECK RESTRAINTS, and SIMILAR COMPLIANCE TECHNIQUES A. Choke holds, lateral neck restraints, and similar compliance techniques that are specifically designed or intended to restrict the ability to breathe or the flow of blood to the brain, or any intentional and prolonged application of force to the throat or windpipe of another that prevents or hinders breathing or reduces the intake of air, are prohibited except: 1. Where a person cannot be captured any other way; 2. a. The person has used or threatened to use deadly force in committing a felony OR OPS-03.17 b. The officer reasonably believes the person would use deadly force against any person unless immediately apprehended; [Note: 1 and 2 are requirements that must be present before the exception on the use of chokeholds in Section 804.8 of the Iowa Code applies.] AND 3. It is the only reasonable means of protecting oneself or a third party. [Note: 3 is an additional City of Iowa City requirement that must be present before the exception applies.] B. If utilized, the technique must be immediately loosened or released if the individual on whom it is being applied becomes compliant. C. Any individual who has been subjected to a lateral choke hold, neck restraint, or similar compliance technique, regardless of whether he/ she was rendered unconscious, shall be promptly examined by emergency medical services and shall be monitored until examined by medical personnel. D. The officer shall inform any person receiving custody, or any person: placed in a position of providing care, that the individual has been y--: subjected to a choke hold, lateral neck restraint, or similar compliance technique and whether the individual lost consciousness as.a resuli. 71 E. Any officer applying a choke hold, lateral neck restraint, or simlar= compliance technique shall promptly notify a supervisor of the use.dr attempted use of such hold. A use of force report shall be completdd. XII. ANNUAL IN-SERVICE TRAINING On an annual basis all officers will receive in-service training on this policy. The training shall include a review of the definitions of conditional terms, such as those for reasonable belief, serious physical injury, or similar terms used to qualify the policy. Denise Brotherton, Interim Chief of Police OPS-03.18 WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of higher legal standard of safety or care in an evidentiary sense with respect to third -party claims. Violations of this directive will only form the basis for departmental administrative sanctions. LEVEL ONE Perception — Subject is compliant OPS-03.19 Response — Cooperative controls (includes: mental preparation, spatial positioning, communications skills, handcuffing positions and techniques, searching techniques, arrest and transport controls) COOPERATIVE• '• USE OF FORCE MODEL - FUNCTIONAL PROFILE COMPLIANT: LEVEL 1 COOPERATIVE CONTROLS > PERCEPTION SKILLS MENTAL PREPARATION > RISK ASSESSMENT > SURVIVAL ORIENTATION > OFFICER STANCE SPATIAL POSITIONING > BODY LANGUAGE. > RELATIVE POSITIONING VERBAL - VERBAL COMMANDS/DIRECTIVES COMMUNICATION SKILLS > - VERBAL DE-ESCALATION TECHNIQUES > NON-VERBAL C.. > WALL > STANDING HANDCUFFING POSITIONS > PRONE > KNEELING HANDCUFFING TECHNIQUE > CONTROLLED > WALL > STANDING SEARCHING TECHNIQUES > PRONE > KNEELING > OPPOSITE SEX SPECIALIZED TECHNIQUES > FRISK > STRIP > SINGLE OFFICER ARREST TECHNIQUES > MULTIPLE OFFICERS ESCORT CONTROLS > SINGLE OFFICER > MULTIPLE OFFICERS > SINGLE OFFICER TRANSPORT CONTROLS > MULTIPLE OFFICERS OPS-03.20 LEVEL TWO Perception — Subject is passively resistant Response — Contact controls (includes: contact controls, conflict management techniques, and mass formation arrest techniques including: multiple officer lifts, stretchers, wheelchairs etc.) USE OF FORCE MODEL -FUNCTIONAL PROFILE RESISTIVE Passive :LEVEL 2 CONTACT CONTROLS FORCE OPTIONS also includes all options from lower Levels > VERBAL COMMUNICATION SKILLS VERBAL DIRECTIVES VERBAL DE-ESCALATION TECHNIQUES > NON-VERBAL > ARM CONTACT CONTROLS > WRIST > HAND > ESCORT TECHNIQUES ARREST TECHNIQUES > TRANSPORT TECHNIQUES > MASS FORMATION OPS-03.21 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 RESISTANT (Active): LEVEL 3 COMPLIANCE TECHNIQUES FORCE OPTIONS also includes all options from lower Levels > NERVE COMPRESSION TECHNIQUES COMPLIANCE CONTROLS > CHEMICAL IRRITANTS, CROWD CONTROL CHEMICAL MUNITIONS > CONTROL TACTICS NERVE COMPRESSION TECHNIQUES: > HEAD NEURO-MUSCULAR CONTROLS > ARM > LEG CONTROL TACTICS > WRIST ROTATION > ELBOW LEVERAGE BICYCLE > TAKE DOWN TECHNIQUES > COMMUNICATIONSIASSESSMENT SKILL VEHICLE PURSUIT TACTICS > PACING/TRAILING TECHNIQUES 16=011193N► LEVEL FOUR Perception — Subject is physically assaultive and may 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) USE OF FORCE MODEL — FUNCTIONAL PROFILE ASSAULTIVE Potential Bodily Harm): LEVEL 4 DEFENSIVE TACTICS FORCE OPTIONS also includes all options from lower Levels > HEAD > HANDS PERSONAL WEAPON DEFENSES > ELBOWS > FEET > KNEES IMPACT WEAPONS (ASP) > STRIKES > IMPACT PROJECTILES > CANINE OPERATIONS LESS LETHAL WEAPONS > CONDUCTED ENERGY DEVICES > OTHER OPTIONS > FRONT WEAPON RETENTION TECHNIQUES (Less Lethal) > REAR > SIDE OTHER WEAPONS > 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 relatef circumstances, where the suspect actions are not known. In this circumstance`,-, procedures spelled out in the "Canine Operations" General Order (99-01. shall �e followed. 10191 "opal LEVEL FIVE Perception - Subject is assaultive and likely to cause SERIOUS bodily injury or death Response- Deadly force (includes: weapon/weapons attack defense, lethal force utilization with service/supplemental weapons, forcible stopping techniques for assault with vehicle incidents) USE OF FORCE MODEL — FUNCTIONAL PROFILE ASSAULTIVE (Serious Bodily Harm/Death): LEVEL 5 DEADLY FORCE FORCE OPTIONS also includes all options from lower Levels > WEAPON ATTACK DEFENSE > WEAPONLESS > WEAPON RETENTION TECHNIQUES > SERVICE WEAPON LETHAL FORCE UTILIZATION > SUPPLEMENTAL WEAPON > OTHER OPTIONS OTHER OPTIONS: > CONTACT FORCIBLE STOPPING TECHNIQUES > ROADBLOCK OPS-03.24 REDLINE VERSION Red highlights are deletions Green highlights are additions USE OF FORCE Original Date of Issue General Order Number April 28, 2001 99-05 Effective Date of Reissue Section Code August 5, 2020 1 OPS-03 Reevaluation Date Amends August2021 C.A.L.E.A. Reference 1.3.1— 1.3.8,1.3.13 (see `INDEX AS") INDEX AS; • Use of Force • Reporting • Significant Force • Investigation • Use of Force Model; • Canine • Arrests • Warning Shots 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. OPS-03.1 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 accomplish lawful objectives and effectively bring an incident under control, while protecting the lives of the officers and others. III. DEFINITIONS OPS-03.2 A. Deadly Force (Section 704.2, Code of Iowa) — For the purpose of this policy, shall mean any of the following: 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 tc inflict serious 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 mental illness; or 2. bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement, 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 significantly restricts or alters the actions of another and/or compels compliance with the demands or instructions of the officer. This includes the use of restraint devices such as handcuffs. ^ 7 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 Techniques - 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 REASONABLENESS 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, 818 (8th Cir. 2005). On the other hand, "the right to make an arrest or investigatory stop necessarily carries with it the right to use some degree of OPS-03.3 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" also 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 mechanical application." Bell v. Wolfish, 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 bodil harm while making the arrest. However, the use of deadly force or a 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. OPS-03.4 A peace officer or other person who has an arrested person in custody is justified in the use of such force to prevent the escape of the arrested person from custody as the officer or other person would be justified in using if the officer or other person were arresting such person. V. PROCEDURES A. DEADLY FORCE 1. Purpose of statement a. To delineate the Department's policy regarding the use of deadly force. 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 mass, 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 threataf 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 made relative to the age of the intended target. e. Warning shots by officers of the Iowa City Police Department are prohibited. 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 g. Shooting at or from a moving vehicle is prohibited, except under the following circumstances: i. When 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. T. Asa 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. iii. Requested by the subject(s) involved, iv. The extent of an injury is unknown or not visible, or V. The nature or extent of the injury dictates. c. Officers shall err on the side of caution, requesting emergency medical system to respond to the scene if in doubt about the existence or extent of an injury. 4. Surrender of firearm. OPS-03.6 When 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 higher authority consistent with departmental directives. Firearms involved in police shooting incidents shall not be unloaded, cleaned, nor in any way altered from the condition immediately following discharge other than to make the weapon safe for transport. a. When more than one officer or weapon has been involved in a shooting situation resulting in any injury or death, the involved weapons must be surrendered to the commanding officer in accordance with departmental directives. b. The commanding officer receiving such firearm or firearms shall immediately secure and document the same as evidence. B. LESS LETHAL FORCE Where deadly force is not authorized under this policy, officers should assess the incident in order to determine which less lethal technique will best de-escalate the incident and bring it under control in a safe manner. Officers shall use no more force than is reasonably necessary to gain control of an individual or situation. Officers are authorized to use force consistent with the Use of Force model. An officer shall use no more force than that officer reasonably feels is necessary in the performance of their official duties. Use of force by an officer is justified in, but not limited to, the following situations: 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 immediately contact his/her supervisor. (This does not apply to animal euthanasia where supervisory permission to discharge the weapon must UPS-03.7 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. It shall be the Division Commander's responsibility to notify the Chief of Police. If the Division Commander cannot be notified, a watch supervisor shall notify the Chief of Police. 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 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 chemical 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 circumstances permit. This written report will then be forwarded through the chain of command to the Chief of Police for review. Exceptions to the requirement of a written report apply to the following circumstances in which no accident or injury results: a. The discharge of firearms on firearm ranges or in an area for firearms practice. OPS-03.8 b. Sporting events to include lawful hunting and organized shooting matches. When, in accordance with applicable law, it becomes necessary for an officer to discharge a firearm to destroy an animal which presents a danger or is seriously injured or ill, the officer will, prior to discharging the firearm, request permission to do so from the on -duty supervisor. If such action must be immediately taken in order to protect the officer's or another person's safety, the officer need not delay action in order to request this permission. In this circumstance, however, the Watch Supervisor must be notified immediately after the firearm is used. A Use of Force report is required. 3. Administrative Review Committee. 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 may appoint multiple committees that alternate review responsibilities. ii. This group should, at a minimum, meet every month 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 manner consistent with General Order 99-06: Internal Affairs Investigations as assigned by a Division Commander. 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 matters will be forwarded to the Chief of Police. 4. Use of Force Reports. OPS-03.9 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. 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 decontamination 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. When the only use of force is the application of handcuffs; double locked, no use of force report is necessary. The application of handcuffs, double locked will be documented on a written complaint or citation or in the body of an incident report. 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 participant 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. OPS-03.10 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. When any member of the police department is involved in an incident resulting in death or serious injury, a thorough and objective investigation of facts and circumstances will be initiated as soon as practical by the Chief of Police's designees and completed as soon as practical. 2. The Chief of Police or his/her designee shall decide whether the DCI and/or any other outside agency shall be called to assist in the investigation. 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 officers) 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 employees 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: 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 Division 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 OPS-03.11 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 may 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. The Chief of Police may appoint one or more individuals to conduct a separate yet parallel (administrative) investigation into a use of force incident to ensure all personnel followed departmental policies and guidelines. VI. USE OF FORCE MODEL 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 obligation to provide their employees with the policies, training, and tools necessary to accomplish their mission.'selection of a use of force response from the options articulated in this model°will be based on: the skills, knowledge, and ability of the officer; the perceiybd threat and amount of resistance offered by a subject; and consideration of the situational framework. A defined Use of Force Model will enhance the department's ability to manage the use of force and will benefit the officer by providing guidance, resources, and options. Officers of the Iowa City Police Department shall follow the principles of the Use of Force Model. The model describes an escalation of force, which is based on a reasonable officer's perception of threat or resistance. As a subject's resistance escalates, more force o tions become available to the officer. When resistance stops , the officer must - Officers of the Iowa City Police Department must generally employ the tools, tactics, and timing of force utilization consistent with the Model's proscription and training protocols. Due to the fact that officer/member of the public confrontations occur in environments that are potentially unpredictable, "tense, uncertain, OPS-03.12 and rapidly evolving" (Graham v. Connor, 109 S.Ct. 1865, 1872 (1989)) the officer may utilize tools, tactics, and timing outside the parameters of the Model. However, these applications of force must meet the same test of reasonableness as those which have been previously identified and approved by the Department. escalation techniques in 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 compliance from a subject. Note that these techniques should only be employed when it is safe to do so. When 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. When 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 Developmental 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 options 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 more officers or specialty units. OPS-03.13 The number of officers on scene may increase the available force options and may increase the ability to reduce the overall force used. Other examples include: Placing barriers between an uncooperative 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 - Concealment Communicating from a safe position intended to gain the subject's compliance, using: Verbal persuasion Advisements - Warnings Avoiding physical confrontation, unless immediately necessary (for example, to protect someone, or stop dangerous behavior) Using verbal de-escalation techniques to generate cooperation qnd gain voluntary compliance. 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. CIVILIAN OFFICERS (COMMUNITY SERVICE AND ANIMAL 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. OPS-03.14 B. When dealing with upset persons, civilian officers must first attempt 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 may deploy their chemical irritant in a manner consistent with training. C. When dealing with aggressive animals, 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 Watch 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. F. When 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 perspectives 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 NATIONAL USE of FORCE DATA 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: When a fatality to a person occurs connected to a use of force by an Iowa City police officer. OPS-03.15 When 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. When 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 Number of officers from the Iowa City Police Department who applied actual force during the incident Location of the incident (address or latitude/longitude) Location type of the incident (street, business, residence, restaurant, school, etc.) Did the officer(s) approach the subject(s)? Was it an ambush incident? Was a supervisor or a senior officer acting in a supervisory capacity present or consulted at any point during the incident? What 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 activity," 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 OPS-03.16 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? Was the threat by the subject(s) directed to the officer or to another party? Type(s) of subject resistance/weapon involvement (threatened officer, threatened others, threatened self, active aggression, firearm, attempt to flee, etc.) Was there an apparent or known impairment in the physical condition of subject? If yes, indicate 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? 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? ` Was the officer readily identifiable? Was the officer on duty at the time of the incident? Did the officer discharge a firearm? Was the officer injured? What was the officer's injury type (gunshot wound, apparent broken bones, severe laceration, unconsciousness, etc.) OPS-03.17 1 OPS-03.18 Denise Brotherton, Interim Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of 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. LEVEL ONE Perception — Subject is compliant OPS-03.19 Response — Cooperative controls (includes: mental preparation, spatial positioning, communications skills, handcuffing positions and techniques, searching techniques, arrest and transport controls) COOPERATIVE CONTROLS USE OF FORCE MODEL - FUNCTIONAL PROFILE COMPLIANT: LEVEL 1 COOPERATIVE CONTROLS > PERCEPTION SKILLS MENTAL PREPARATION > RISK ASSESSMENT > SURVIVAL ORIENTATION > OFFICER STANCE SPATIAL POSITIONING > BODY LANGUAGE > RELATIVE POSITIONING VERBAL VERBAL COMMANDS/DIRECTIVES COMMUNICATION SKILLS > - VERBAL DE-ESCALATION TECHNIQUES > NON-VERBAL > WALL HANDCUFFING POSITIONS > STANDING > PRONE > KNEELING HANDCUFFING TECHNIQUE > CONTROLLED > WALL SEARCHING TECHNIQUES > STANDING > PRONE > KNEELING > OPPOSITE SEX SPECIALIZED TECHNIQUES > FRISK > STRIP ARREST TECHNIQUES > SINGLE OFFICER > MULTIPLE OFFICERS ESCORT CONTROLS > SINGLE OFFICER > MULTIPLE OFFICERS TRANSPORT CONTROLS > SINGLE OFFICER > MULTIPLE OFFICERS A71. 11�. LEVEL TWO Perception — Subject is passively resistant Response — Contact controls (includes: contact controls, conflict management techniques, M mass formation arrest techniques — multiple officer lifts, stretchers, wheelchairs etc.) USE OF FORCE MODEL -FUNCTIONAL PROFILE RESISTIVE (Passive): LEVEL 2 CONTACT CONTROLS FORCE OPTIONS also includes all options from lower Levels > VERBAL COMMUNICATION SKILLS - VERBAL DIRECTIVES - VERBAL DE-ESCALATION TECHNIQUES > NON-VERBAL > ARM CONTACT CONTROLS > WRIST > HAND > ESCORT TECHNIQUES ARREST TECHNIQUES > TRANSPORT TECHNIQUES > MASS FORMATION OPS-03.21 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 RESISTANT (Active): LEVEL 3 COMPLIANCE TECHNIQUES FORCE OPTIONS also includes all options from lower Levels > NERVE COMPRESSION TECHNIQUES COMPLIANCE CONTROLS > CHEMICAL IRRITANTS, CROWD CONTROL CHEMICAL MUNITIONS > CONTROL TACTICS > HEAD NERVE COMPRESSION TECHNIQUES: NEURO-MUSCULAR CONTROLS > ARM > LEG CONTROL TACTICS > WRIST ROTATION > ELBOW LEVERAGE BICYCLE > TAKE DOWN TECHNIQUES VEHICLE PURSUIT TACTICS > COMMUNICATIONS/ASSESSMENT SKILLS > PACING/TRAILING TECHNIQUES OPS-03.22 LEVEL FOUR Perception — Subject is physically assaultive and may 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) USE OF FORCE MODEL - FUNCTIONAL PROFILE ASSAULTIVE Potential Bodily Harm): LEVEL 4 DEFENSIVE TACTICS FORCE OPTIONS also includes all options from lower Levels > HEAD > HANDS PERSONAL WEAPON DEFENSES > ELBOWS > FEET > KNEES IMPACT WEAPONS (ASP) > STRIKES > IMPACT PROJECTILES > CANINE OPERATIONS LESS LETHAL WEAPONS > CONDUCTED ENERGY DEVICES > OTHER OPTIONS > FRONT WEAPON RETENTION TECHNIQUES (Less Lethal) > REAR > SIDE OTHER WEAPONS > 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 circumstance procedures spelled out in the "Canine Operations" General Order (99-04) shall be followed. OPS-03.23 LEVEL FIVE Perception - Subject is assaultive and likely to cause SERIOUS bodily injury or death Response- Deadly force (includes: weapon/weapons attack defense, lethal force utilization with service/supplemental weapons, forcible stopping techniques for assault with vehicle incidents) USE OF FORCE MODEL — FUNCTIONAL PROFILE ASSAULTIVE (Serious Bodily Harm/Death): LEVEL 5 DEADLY FORCE FORCE OPTIONS also includes all options from lower Levels > WEAPON ATTACK DEFENSE > WEAPONLESS> WEAPON RETENTION TECHNIQUES > SERVICE WEAPON LETHAL FORCE UTILIZATION > SUPPLEMENTAL WEAPON > OTHER OPTIONS OTHER OPTIONS: > CONTACT FORCIBLE STOPPING TECHNIQUES > ROADBLOCK OPS-03.24 Memorandum TO: File FROM: Interim Chief Denise Brotherton RE: Quarterly Summary Report IAIR/CPRB, 15t & 2"d Quarter 2020 DATE: August 6, 2020 Attached you will find the IAIR/CPRB 2020 first and second quarter summary reports for the Iowa City Police Department Internal Affairs/Citizen's Police Review Board investigative file. There were two investigations initiated in the second quarter of 2020. Both were initiated externally. cc: CPRB Sgt. Doug Hart s s w a m c N C Z I s IR w LN N TO: Chief Jody Matherly FROM: Sgt. Derek Frank RE: January 2020 Use of Force Review DATE: February 12, 2020 The Use of Force Review Committee met on February 12, 2020. It was composed of Sgt. Frank, Officer Neeld, and Captain Campbell. For the review of submitted reports in December, 37 individual officers were involved in 26 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 11 Taser Display Taser Discharge 1 OC Spray Deployment 3 Firearms Display 7 Firearms Discharge ASP Striking Officer StrikinWKicking 1 Animal Dispatched 3 SRT Callouts 1 Vehicle Pursuits 0 Officer Injuries 1 3 superficial Suspect Injuries 2 superficial Reports submitted to U.S. DOJ 0 Copy: City Manager, All Police Supervisors, Review Committee 4:. 1. ) IOWt CITq ,WA CITY POLICE DEPARTMENT I2A CITq iy �fUse of Force11 t� POLICEJan 2020 POLICE Officer Date Incident Incident Force Used Badge Number # type Number# 24, 62, 58 1/1 2020000004 Intox subject Subject ignored instructions, attempted to pull away and tensed muscles — officer grabbed him and put him on ground by pushing, to control movement and handcuff 7 1/1 2020000007 Intox subject Subject ignored instructions and pulled away when officer grabbed his arm — put on ground in prone position by grabbing his arms/shoulders for control and handcuffing 65 1/1 2020000026 Fight Officer pushed subject to the ground, away from a potential victim, as the subject advanced with clenched fists — no further force used 34,72 1/1 2020000032 Warrant Subject attempted to shut door on officers, service who pushed it open — he then tensed and attempted to pull away from officers' grasps, flailed and kicked —officers pulled him to the ground and handcuffed him after forcing hands behind back — wrist lock was used when subject began to resist in same manner after cuffing 22 1/3 2020000081 Burglary Officer grabbed subject and pulled her away from a car she had kicked multiple times — subject ignored instructions and officer grabbed her arm, pulled her.tq the ground to control movement and prevent kicking, and handcuffed her, `•_ 69,72 1/4 2020000112 Intox subject Subject pulled arms away during handcuffing and swung — officer grabbed her and put on ground to control movement, pulled arms behind back for cuffing, and pulled her into squad for transport as she squirmed and attempted to pull away throughout — subject also pulled out of cuffs in back of squad 46 1/5 2020000121 Injured deer Officer shot injured deer 44 1/6 2019013013 Warrant SRT members performed a surround and call out warrant with weapons at low -ready and covering subject when taken into custody July 2018 Use of Force Report 14 1/9 2020000249 Domestic Officer kicked door to gain entry to possible domestic situation — with pistol at low -ready, officers located subjects and arrested without resistance 43 119 2020000267 Fight Officer grabbed subject by arm and backpack and walked her to office of school, after she pushed officer and walked away 72 1/12 2020000338 Domestic Officer held pistol in low -ready position and gave commands to subject who came out of home holding a knife — subject dropped the knife and was handcuffed 63 1/13 2020000365 Injured deer Officer shot injured deer 64, 30, 1/13 2020000367 Armed/ Subject armed with a knife requested 72, 70, mental illness officers to shoot him — multiple officer had 66,63 pistols/rifles in ready positions while de- escalation was attempted for extended time (approx. 45 mins) — officer fired CED at subject, which caused knife to fall and subject could be grabbed, held, and handcuffed on ground 13,2 1/14 2020000378 Welfare Officers grabbed subjects arms and forced check behind his back for handcuffing, after he attempted to shut the door on them 66 1/19 2020000576 Armed Officers displayed guns while giving robbery instructions to subjects inside a residence — occupants complied and were handcuffed w/o resistance 63 1/20 2020000603 Suicidal Officer drew weapon when responding to person residence where suicia[iubject reported to be armed with a knife was I©cated — holstered after verifying no weapon in possession " 68, 69, 1/23 2020000718 Domestic Subject tensed and pulled away from 25,55 officers as they attempted to handcuff him — due to prolonged resistance and size of subject, officers grabbed, pulled, sprayed OC in face, and delivered strikes (knee, closed -fist) and threatened Taser — subject's arms were eventually pulled behind his back and cuffs applied 10 1/25 2020000765 Fight Officer sprayed subject with OC in face to end fighting behavior after commands were ignored 17 1/31 2020000810 Traffic stop Officer displayed his pistol and gave commands to subject who had fled on foot from a vehicle in an effort to evade contact with the officer — subject followed instructions and was taken into custody July 2018 Use of Force Report 68, 49 1/26 2020000812 Wanted Officers had pistols and shotgun at low - subject ready position while searching house for person who fled from officer in car — located and taken into custody w/o resistance 66, 63, 70 1/26 2020000826 Suicidal Officers grabbed suicidal subject — he subject tensed up and officers tripped him to the ground to control movement and handcuff — subject ignored instructions to exit squad and hit head on cage, so officer pulled him from squad and he was placed on ambulance cot 24, 59, 51 1/25 2020000845 Intox person Fighting subject attempted to flee from officer's grasp of sweatshirt, then ran into sign — officer grabbed and performed leg sweep to prevent further fleeing — officer knelt on subject's torso to control movement — OC spray used to subject's face and hands pulled behind back for cuffing — dragged to squad car when subject would not walk — subject kicked at officers when being put in squad 70,39 1 /27 2020000867 Suspicious Subject fled from officers on foot — after person being tackled to ground by JCSO deputy, officers grabbed subject's arms and forced them behind back for cuffing as he tensed to resist 35 1/29 2020000942 Inured deer Officer shot inured deer 30,69 1/30 2020000977 Other agency Officers grabbed subject's arm while one put assist a knee on his back (prone) to eontrol movement —officers pulled arm in attempt to put behind the subject's back - subject ended resistance when OC was mentioned 23 1/31 2020000991 Fight 2 subjects continued to fight affe� officer ordered them to stop — officer the sprayed OC in their direction and they fled•'on foot — officer chased one subject, instructing him to stop — he was stopped by officer from U I PD and handcuffed — 2nd subject was located and ignored orders from officer who had CED at low -ready — he fled on foot and officer chased, giving commands to stop — subject was stopped by UIPD officer and handcuffed July 2018 Use of Force Report TO: Interim Chief Bill Campbell FROM: Sgt. Derek Frank RE: February 2020 Use of Force Review DATE: April 9, 2020 The Use of Force Review Committee met on April 9, 2020. It was composed of Sgt. Frank and Officer Neeld. Captains Campbell and/or Brotherton had reviewed the reports at a previous time. For the review of submitted reports in December, 17 individual officers were involved in 20 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 12 Taser Display 0 Taser Discharge 0 OC Spray Deployment 0 Firearms DiTlay 3 Firearms Discharge 0 ASP Striking 0 Officer Striking/KickingStriking/Kicking 0 Animal Dispatched 5 SRT Callouts 0 Vehicle Pursuits 0 Officer Injuries 3 (superficial) Suspect Injuries 2 (superficial) Reports submitted to U.S. DOJ 0 Copy: City Manager, All Police Supervisors, Review Committee (OwA CITq ,WA CITY POLICE DEPARTMENTUse of Force Report 1pWA CI fp POLICE Feb 2020 POLICE Officer Date Incident Incident Force Used Badge Number # type Number# 63 2/2 2020001048 fight Officer held pistol in low -ready while giving commands to subject who was potentially armed with a knife 17, 49 2/2 2020001082 Intox subject Officers pulled and pushed subject away from fighting another subject — they pulled him to the ground to control his movement when he tried to pull away and reengage in the fight — pulled arms behind his back and cuffed as he attempted to tuck arms under his torso 42 2/2 2020001100 Sick animal Officer shot sick raccoon 70 2/2 2020001104 Mental Officer grabbed subject's arm when she impairment attempted to walk away from him — subject struck officer in the face with a closed fist — officer grabbed both arms and put her on the ground to control movement and was held there while assisting officers handcuffed her 39 2/2 2020001107 Trespass Officer held handcuffed subject's legs down to control his movement after he was taken to ground by deputies after trying to charge at and kick the officer 36 2/8 2020001296 Injured deer Officer shot injured deer 47,16 2110 2020001351 Drugs Subject approached officer multiple times in an aggressive manner — officer pushed him back and another officer grabbed him and threw him to the ground to control his movement and allow for handcuffing 63 2/13 2020001478 Arrest Subject attempted to flee from officer on warrant foot — officer chased and caught the subject - grabbed her and took her to the ground to prevent fleeing — lay on top of her while pulling arms behind back for cuffing while she attempted to turn to avoid cuffing 68 2/16 2020001589 Fight Officer pursued fleeing subject on foot, then multi le officers searched a artment July 2018 Use of Force Report with weapons in low -ready — subject taken into custody w/o further resistance 49 2/18 2020001643 Suspicious Officer chased subject who had reportedly person been attempting to access cars — subject ignored commands and tripped when running — officer pushed subject down as he attempted to get up and sat on top of him to control movement during cuffing 39, 17, 2/19 2020001703 Arrest Subject attempted to flee from officers on 66 warrant foot and was tackled to the ground to prevent this — subject ignored commands and tucked arm under his torso and had a gun in his hand — officers held subject down and pulled at his arms to control them and attempted to get them in handcuffs — gun was dropped and officers forced arms behind back for cuffing when additional officer arrived 63 2/19 2020001705 Injured deer Officer shot injured deer 16 2/21 2020001753 Arrest Wanted subject (armed/dangerous entry) warrant fled from officers on foot — officer located him, drew his pistol and gave commands — no further resistance as he was taken into custody 23 2/22 2020001778 Assist other Officer tackled subject to the ground to agency prevent him from continuing to flee on foot — this stopped his resistance and allowed officers to handcuff him 2 2/25 2020001840 Juvenile Officer wrapped arms around -subject's arms/torso and put subject on the ground after he tensed and pulled away from officer while being fingerprinted — arms were forced behind his back and cuffed — goose neck used on arm to get subject to walk to squad under own power when he refused to do so 42 2/25 2020001883 Injured deer Officer shot injured deer 35 2/26 2020001915 Inured deer Officer shot inured deer 23 2/28 2020001990 Intox subj Officer grabbed subject's arms and forced them behind back as she attempted to pull and twist away from him — at jail officer grabbed subject's arm and escorted her when she refused to walk on her own 63,7 2/29 2020001994 Intox subj Officer grabbed subject's arms, who attempted to push past him — subject tried to push officer away - officer put the July 2018 Use of Force Report subject on the ground to control movement by forcing his chest and face downward with his hands — handcuffed without resistance 14 2/29 2020002032 Juvenile Officer grabbed subject by arms who ignored instructions and attempted to walk away — escorted to squad car and put inside w/ no further resistance July 2018 Use of Force Report TO: Interim Chief Bill Campbell FROM: Sgt. Derek Frank RE: March 2020 Use of Force Review DATE: April 30, 2020 The Use of Force Review Committee met on April 30, 2020. It was composed of Sgt. Frank and Officer Neeld. Captains Campbell and/or Brotherton had reviewed the reports at a previous time. For the review of submitted reports in March, 31 individual officers were involved in 24 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 12 Taser Display 3 Taser Discharge 1 OC Spray Deployment 1 Firearms Display 4 Firearms Discharge 0 ASP Striking 0 Officer Striking/KickingStriking/Kicking 1 Animal Dispatched 2 SRT Callouts 0 Vehicle Pursuits 0 Officer &juries 4 (superficial) Suspect hijuries 2 (superficial) Reports submitted to U.S. DOJ 0 Copy: City Manager, All Police Supervisors, Review Committee IpWA CITY ,WA CITY POLICE ' DEPARTMENT IpWA CITY ForceUse of Report POLICEMarch 2020 POLICE Officer Date Incident Incident Force Used Badge Number # type Number# 70, 72, 3/1 2020002059 Juvenile After unsuccessful attempts at de- 20 escalation and ignoring of requests, officers grabbed subject's arms and pulled behind her back for cuffing — subject refused to walk on own and was escorted by officers on each arm — while in car she thrashed and slipped her cuffs while banging head on divider — officers grabbed her to stop and she bit an officer's arm — she was held down and cuffs reapplied for trip to UI ETC 63 3/2 2020002061 Committal Subject ignored officer and attempted to walk away/past him several times during committal process — officer grabbed subject and escorted her back to the appropriate location with minimal force needed 49,24 3/3 2020002098 Fight Subject punched another in presence of officers — officers grabbed subject by arm and pushed to the ground — one officer knelt on subject's back to control movement and allow for cuffing 41, 14, 3/3 2020002118 Harassment Two subjects were arrested for 51, 63, harassmentlinterference - one';was pulled 32 to the ground to control movement and allow for cuffing after ignoring instructions and turning/pulling away from officer during cuffing — 2nd tensed and began to pace when told he was under arrest — he made his body limp when officer grabbed his arm and went to the ground — officers forced arms behind back for cuffing when he held them in front of his torso 10 315 2020002179 Burglary Officer displayed pistol and gave instructions to subject, who ignored officer and began to flee and placed hands near waistband and inside hoody pocket — July 2018 Use of Force Report complied and cuffed w/o further resistance 36 3/5 2020002198 Fight Officer had pistol in low -ready and pointed at subject they encountered during protective sweep of residence 13,26 3/6 2020002241 Theft Subject attempted to walk away from officer, grabbed handcuffs to prevent cuffing, and pulled away — officer grabbed subject and pushed against squad to control movement — officers forced arms behind back for cuffing an pushed into squad when she refused to enter — subject kicked at officers during arrest 94,44 317 2020002291 Assault Officer put subject on ground with bearhug after subject attempted to take a stick from officer's grasp — subject tucked hands under torso, ignoring orders — officer sprayed OC and pulled arms behind back for cuffing w/ help from additional officer 22, 72, 3/7 2020002309 Arrest Subject attempted to flee from officer on 63 warrant foot — officer grabbed him and pulled him to the ground, holding him in a hug until assisting officers arrived — subject later slipped a hand from a cuff and fled on foot — officer located him and displayed CEDs while giving commands, which were followed 22, 10, 3/8 2020002326 Officers broke up a large fight With multiple 72, 17, people by using a fist strike, OC, head 24, 68, butts (hand on weapon), CED :display, and 99 various hands-on techniques�such as grabbing and pulling. Multiple arrests made. 6 3/8 2020002331 Intoxicated Subject ignored instructions, attempted to subject pull away and tuck arms under torso while on ground — officer placed knee on subject's shoulder to control movement and pulled subject's arms to small of his back for cuffing 6 3/9 2020002377 Intox subj Officer grabbed subject's arm to escort him into jail, then dragged him through an interior door when subject would not walk and tried lowering himself to the floor 15 3111 2020002508 Injured deer Officer shot inured deer 23 3113 2020002533 Injured deer Officer shot injured deer 24 3113 2020002565 Intox subj Officer held subject down on ground with hands on shoulders and knee on torso July 2018 Use of Force Report while putting on protective gloves and giving instructions to the subject — subject ignored orders, trying to get up and run away — officer grabbed and took him to round for cuffing w/ assistance of ICFD 34, 72, 3/15 2020002591 Fight Subject was engaged in a fight, striking 24 and kicking the other — officer grabbed her and displayed CED while giving commands — subject ran from officer and was tackled by assisting officer to prevent further fleeing — arms were forced behind back for cuffing — subject was pulled/pushed into squad as she refused to enter on her own 18,24 3/15 2020002613 Domestic Officer had pistols and CEDs drawn as they made entry into a house and gave commands to a suspect, which were ignored — subject was placed in handcuffs without resistance 2,3 3/20 2020002672 Trespass Subject ignored officer's instructions and indicated he would not follow them — subject tensed and attempted to pull away from officer when officer grabbed his forearm to escort him — officer wrapped arms around subject's torso and placed him against a wall to control movement — subject continued to tense and attempt to get free — officer picked him, -up and placed on his stomach, pulled arms to small of his back and cuffed 63,66 3/20 2020002677 Assault Officers responded to report of assault and attempted to assess situation and subject with what appeared to be an injury — officers grabbed subject's wrists and she fell to ground where she was cuffed to control movement — no further force — no arrest 23 3/23 2020002713 Assist other Officer displayed shotgun and pistol during agency high -risk traffic stop for securing of occupants and clearing of vehicle 17 3/25 2020002733 Domestic Officer pushed subject onto hospital bed when subject tried to leave the room, after making suicidal statements — officer straddled the subject and pried arms behind his back for cuffing, while medical staff held him and administered July 2018 Use of Force Report medication. 34 3/26 2020002759 Mental issues Officer used leverage on arm to push subject to ground to control movement and end aggressive behavior — officer held subject on ground and pulled arms behind back for cuffing when he would not calm down — assisted by grouphome employee 40, 5, 43 3/28 2020002781 Welfare check Officers drew CED and pistol after encountering naked subject armed with garden rake — officers attempted to de- escalate and talk subject, who refused instructions and wedged self into piece of furniture and tensed/pulled against officers' efforts to handcuff — CED was deployed and subject cuffed for transport to UI ETC for evaluation 40,43 3/28 2020002783 Assault Subject, armed with ice scraper, swung and threw it at officer — officer gave commands and pointed CED at subject — officers grabbed subject's arms and forced them behind back for cuffing July 2018 Use of Force Report 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 Firearms Display 6 Firearms Discharge 0 ASP Striking 0 Officer Striking/KickingStriking/Kicking 0 Animal Dispatched 1 SRT Callouts 0 Vehicle Pursuits 0 Officer Iri uries 1 (superficial) Suspect Injuries 2 (superficial) Reports submitted to U.S. DOJ 0 Copy: City Manager, All Police Supervisors, Review Committee jpWA CITY POLICEIOWA CITY iowA CITY Use of ForceReport % POLICEApril 2020 POLICE Officer Date Incident Incident Force Used Badge Number # type Number# 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, 4/6 2020002911 Weapons- Officers displayed various firearms during 62, 41, 7 related high -risk traffic stop — no further force used 17 417 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, 4115 2020003020 Domestic Subject refused to follow instructions and 26,43 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'$ach 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, 4120 2020003099 Assist other Officers pointed rifle, pistols, and shotgun 35,70 agency in direction of hiding subject during search for others who fled from shooting scene 30, 20, 4/22 2020003127 Mental issue I Subject experiencing mental issue ignored July 2018 Use of Force Report 39 orders and requests and attempted to enter kitchen, past officers. Officers 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 Officer grabbed subject by his jacket and subject pulled him to safety from a ledge where he was sifting and threatening to 'um 17, 23, 4/29 2020003191 Stolen Officers conducted high -risk traffic stop 25 vehicle with pistols and rifle displayed and ready — subject followed commands and was cuffed 22,68 4/27 2020003202 NCO Officer gave commands while pointing violation 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, 4/28 2020003205 No -contact Subject was pushed against a wall and 58 order arms forced behind back to handcuff when violation 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 Inured deer Officer shot injured deer July 2018 Use of Force Report TO: Interim Chief Bill Campbell FROM: Sgt. Derek Frank RE: May 2020 Use of Force Review DATE: June 209, 2020 The Use of Force Review Committee met on June 29, 2020. It was composed of Sgt. Frank, Sgt. Stevens, and Officer Neeld. For the review of submitted reports in April, 22 individual officers were involved in 9 separate incidents requiring use of force. The high number of officers in relation to the number of incidents is due to three SRT callouts, which require several officers to perform them safety. No policy violations identified. Topics to consider and discuss with officers: 2020003499 — Late Nights o Could the officer wait for more units before using force? o More verbalization about reason for contact and informing of being `under arrest' 2020003543 — Days o To avoid potential injury to officers, consider use of breaching tools o Could use of OC with actively resistive person lessen need for physical force? 2020003630 — Late Nights o Could using a different transport officer help avoid having to use force? The highest level of force used in each incident is below: Hands-on 3 Taser Display 0 Taser Discharge 1 OC Spray Deployment 0 Firearms Display 3 Firearms Discharge 0 ASP Striking 0 Officer Striking/KickingStriking/Kicking 0 Animal Dispatched 2 SRT Callouts 3 Vehicle Pursuits 0 Officer In'uries 3 (superficial) Suspect hijuries 0 (superficial) Reports submitted to U.S. DOJ 0 Copy: City Manager, All Police Supervisors, Review Committee fOWA CITQ IOWA CITY POLICE DEPARTMENT JOWA CITY Use of Force Report POLICEMay 2020 POLICE Officer Date Incident Incident Force Used Badge Number # type Number# 32 5/8 2020003347 Injured deer Officer shot inured deer 8 (+ SRT) 5113 2020003319 Search SRT members displayed pistols/rifles warrant during high -risk search warrant service 3 (+ SRT) 5/13 2020003322 Search SRT members displayed pistols/rifles warrant during high -risk search warrant service — sub'ects handcuffed 44 (+ 5/13 2020003324 Search SRT members displayed pistols/rifles SRT) warrant during high -risk search warrant service — sub'ects handcuffed 11,13 5/21 2020003499 Theft Officers deployed CED at subject to stop assaultive behavior and allow for control and cuffing of subject 13, 44, 2 5/23 2020003543 NCO Officer forced open a door being violation barricaded by a person violating a NCO — subject threw punches at officer, who grabbed subject and forced him to the ground on his stomach — subject thrashed and tried to break free — arms,forced behind back for cuffing" 72, 17, 5/24 2020003562 Assault Subject ignored orders, threatened, pulled 83 from/kicked officer, flailed when officer grabbed her— officers put her on ground to control her movement and force hands behind back for cuffing, 11, 69, 6 5/28 2020003630 Intoxicated Subject who resisted officers was grabbed subject and held down to control movement, pulled into squad car, and held at hospital for a spit hood and medication to be administered 17 5/31 2020003697 Inured deer Officer shot inured deer July 2018 Use of Force Report TO: Interim Chief Denise Brotherton FROM: Sgt. Derek Frank RE: June 2020 Use of Force Review DATE: Aug 3, 2020 The Use of Force Review Committee met on July 30, 2020. It was composed of Sgt. Frank, Sgt. Stevens, and Officer Alke. For the review of submitted reports in June, 12 individual officers were involved in 10 separate incidents requiring use of force. No policy violations were identified. Reporting issues to consider and for supervisors to discuss with officers: • General statements, such "gained control" are still being used without details. Patrol supervisors should return reports to officers for specific actions (grabbed, pulled, pushed, etc.) to be detailed. • Officers should avoid detailing what other officers may have done and/or perceived reasons behind their actions. Providing other officer names and mentioning that they were involved is appropriate. • Officers should include any verbalization they used or why they did not. — • Supervisors should not add information that was not included by ofIIders. If information is identified as missing in the officer narrative section during the supervisor review, it should be discussed with the officer for possible inclusion — teaching moment. • With increased concern and attention regarding airwaylbreathing obstruction, details describing how resistive subjects who are on the ground are being handled are necessary. Again, detailed descriptions of officers' actions should be included in the narrative. Any attention by officers regarding airway obstruction should also be specifically detailed. The highest level of force used in each incident is below: Hands-on 4 Taser Display 3 Taser Discharge 1 OC Spray Deployment 0 Firearm(s) Display I Firearms Discharge 0 ASP Striking 0 Officer Striking/Kicking 0 Animal Dispatched 0 SRT Callouts 0 Vehicle Pursuits 1 Officer Injuries 0 Suspect Injuries 3 (superficial) Reports to U.S. DOJ 0 *An incident on June 3, 2020, involving demonstrators and the use of chemical munitions by Iowa City Police is not included in this report. The details of that event have been documented in separate reports for a review by an independent source. As a result, the totals number of officers/incidents and types of uses of force from that event are not reflected in this report. Copy: City Manager, All Police Supervisors, Review Committee ISMEn IOWA CITY POLICE DEPARTMENTUse of Force Report a[IPy I fm I 2020 rnLir[ Officer Date Incident Incident Force Used Badge Number # type Number# 24 6/4 2020003771 Civil unrest Officer handcuffed compliant subject who refused to disperse after being told to many times —no physical resistance or force used to take into custody 6,22 6/6 2020003801 Criminal Handcuffed subject would not enter squad mischief car and fell/lowered herself into the footwell area — officers lifted her by her arms into a seated position 23 6/7 2020003820 Fight Officer pointed CED at subject who was fighting — subject complied and was charged/released w/o further force necessary 24, 15, 6/11 2020003884 Fight Subject ignored instructions from officers 25 and attempted to walk away after being identified as aggressor in a fight — officer pointed CED at subject and gave commands — officer grabbed subject's arm to stop him from walking away and subject pulled away — subject fell to the ground as officer attempted to grab him again — subject tensed body and tucked arms under his body to resist handcuffing — officers pulled arms out and cuffed behind back as subject flailed legs and attempted to kick officers - 23,6 6/14 2020003930 fight Officer grabbed cuffed subject under arm to help escort to squad when he saw subject tense/contort himself Suring the walk — subject squeezed/trapped officer's hand with arm/ribs until threatened with a strike — officers lifted subject's cuffed arms up in back to take him off balance and prevent resistance to escort 6, 24, 49 6/14 2020003931 Intox subject Officers ran after subject who threw chair in restaurant and fell when he ran into a light pole — officers held subject down to revent further fleeing and handcuffed him July 2018 Use of Force Report 11 6121 2020004044 Mental issue / trespass Officer pointed CED at subject who was highly agitated, not responding to de- escalation, and stood and "postured up" at officer — no deployment of CED — subject eventually calmed and was cuffed 68 6/27 2020004153 Weapons- related pursuit Subject in vehicle ignored officer's instructions to turn off car and speak with him, then fled the scene in vehicle — officer pursued vehicle/driver who was reportedly involved with previous gunshots and armed with guns — driver eluded officer in area neighborhoods and pursuit was ultimately terminated by officer 72, 23, 34 6/27 2020004156 Weapons- related Subject of pursuit was located in Muscatine County and ICPD officers assisted, as the pursuit began in Iowa City — officers grabbed subject's arms to place behind his back and he tensed and resisted, while reaching near his waist — with concern for potential guns involved, officer deployed CED into subject's back, which allowed officers to control his arms and cuff him 70,72 6/30 2020004188 domestic Officers pointed pistols at, and gave commands to, a subject who was possibly armed with a knife after fleeing the area of a reported stabbing on foot — subject followed commands and was handcuffed w/o resistance July 2018 Use of Force Report Chris Olney From: Carol deProsse <lonetreefox@mac.com> Sent: Wednesday, July 15, 2020 9:43 AM To: Council; Community Police Review Board; Geoff Fruin; Bill Campbell Subject: 'Less Lethal' Weaponry A htt ps://www.da ilvkos.com/sto ries/2020/7/14/1960695/-At-least-8-people-partially-blinded-same-day-during-police- ram page -against -George -Floyd -protesters Chris Olney From: Carol deProsse <lonetreefox@mac.com> Sent: Thursday, July 16, 2020 9:48 AM To: Council; Geoff Fruin; Eleanor M. Dilkes; Community Police Review Board Subject: FOIA #2 Attachments: Cover Letter to City Council July 16, 2020.docx,, FOIA Request #2.docx; Letter to ACLU July 16, 2020.docx Council, et, al. I am submitting another FOIA request as a follow-up to the one I sent on June 20, 2020. Please see attachments. I have also dropped in todays mail a copy of the attachments with my signature. Carol This email is from an external source. 1401 Bung Drive Iowa City, IA 52246-4513 July 16, 2020 City Council of Iowa City 410 E Washington Street Iowa City, IA 52240 Dear Councilors: On June 20, 2020 I submitted an FOIA request to the City and provided you with a copy. I have received a reply to that request from Sue Dulek, Assistant City Attorney and am following up with an additional FOIA request that I am including with this correspondence. First: I am angered that the City is having to expend tax payer dollars to hire an "outside investigator/s" to procure information relating to the deployment of tear gas and other weaponry on peaceful protestor on the night of June 3. I strongly recommend that you do this hiring on the Mayor's signature with Council concurrence, rather than permit the City Manager to determine who or what entity will conduct the "outside investigation". From the July 8, 2020 Press -Citizen by Zachary Owen Smith: Iowa City Police are reviewing whether officers followed policy on June 3 when they deployed a chemical irritant on George Floyd protesters as they marched to Interstate 80. Police have declined to release how many canisters were deployed, what chemical was used and who ordered the crowd control measure. Iowa City Police were assisting Iowa State Patrol during the protest that evening. On Monday, new public information officer Doug Hart said the events were under investigation but that there wasn't much more he could add. "I wasn't there, so I don't know all the particular details about it, and all I can tell you is that there is going to be a review to see if policy was followed, and ... if there might have been a policy failure," Hart said. "So that's all part of the review." Hart said "command staff," including interim Police Chief Bill Campbell and Capt. Denise Brotherton, are likely to be involved in the review. He gave no timeline for the investigation. Hart repeated a claim the police department has maintained since June 3 that a protester threw a rock at a police officer before police deployed chemical irritants; protesters who were part of the demonstration have denied that rocks were thrown. "Probably, most people were just trying to legitimately voice their concern and their opinion, but I don't think all of them had been going there with the intent to be peaceful," Hart said. I hope you as a collective body representing the citizens of Iowa City are as interested as I am as to why, even if true, that a protestor throwing a rock at a police officer dressed in full riot protection gear constitutes a threat of such severity that it requires a response of a weapon that is banned in war. I am sure you aware that police often use the flimsiest of excuses to justify the use of excessive force on civilians. I refer you to the email attached to my second FOIA request that states: "Closing Civic Center down at 5 for the weekend. Only news so far is a 1800 protest and ANTIFA might be in town with bricks." Do you know what ANTIFA is? I will answer that question for you: No, you do not know. The police do not know. The FBI does not know. Donald Trump and Bill Barr do not know. So no, you don't know either. I defy any of you to define ANTIFA other than that it stands for anti-fascist/m, a personal and political belief based on knowing about historical and current authoritarian governments. I hope all seven of you agree with the concept of being anti- fascist/m. The fact that Donald Trump says that ANTIFA is a terrorist organization does not make it one; we know he is a pathological liar. The truth is that White Supremacist organizations, several or more of which have been designated as terrorist organizations by the Southern Poverty Law Center are the reak threat to our democracy. Donald Trump does not condemn these groups or says they are terrorist groups. ANTIFA is not designated a terrorist organization because the Justice Department, headed by the authoritarian Bill Barr, is unable to define it as such under current laws, I consider myself ANTIFA and hope you do as well. Carol deProsse Carol deProsse 1401 Burry Drive Iowa City, IA 52246-4513 July 16, 2020 Iowa City City Council, City Manager Geoff Fruin, City Attorney Eleanor Dilks 410 E Washington Street Iowa City, IA 52240 On June 20, 2020, I submitted a request to the City of Iowa City under the Iowa Open Records Law § 22.1 et seq., I am in receipt of your response dated July 9, 2020, with responsive documents. Your response identifies approximately 35 emails which are responsive to my request but were not provided on the basis that they constitute an "intelligence assessment" and/or are based on "intelligence data" as defined by Iowa Code §692.1(13) and (14) and are therefore not subject to disclosure under Iowa Code §22.7(55). In order for date to constitute "intelligence data" it must constitute "information on identifiable individuals" and be compiled related to suspected criminal activity. In turn, an "intelligence assessment" means an analysis based on "intelligence data" or an assessment of data related to "identifiable individuals." On information and belief, all or some of the 35 emails withheld from your response to my Iowa Open Records Law request do not contain information related to "identifiable individuals" based on the inclusion of a name, date of birth, address, specific physical description, photograph, etc. To the degree that any of the emails wam only of generalized threats or potential criminal activity by groups of people or unidentified individuals, the emails would not contain information relating to "identifiable individuals." By this letter, and pursuant to the Iowa Open Records Law, I am requesting release of any of the 35 emails which do not include information on "identifiable individuals." For any email that you continue to withhold, please identify with specificity the basis for withholding the email on the grounds that it contains information about an "identifiable individual." Further, to constitute an "intelligence assessment" protected from disclosure, the record must be held by certain agencies. To the degree that any record was viewed by, or shared with, any individual or entity other than those listed in Iowa Code §692.18(2), I request disclosure of the records as such information would no longer be exempt from disclosure if held by an individual or entity not identified in the Code. In addition, I am at this time requesting the release of additional documents under the Iowa Open Records Law §22.1, et. seq: 1. Any use of force reports filed by Iowa City Police, or other law enforcement agencies and which are held by the City of Iowa City, relating to the time period June 3, 2020, from 12:00 p.m. until June 4, 2020, at 12:00 p.m. This includes, but is not limited to, all reports related to the use of crowd control techniques or non -lethal munitions at the I-80 interchange on North Dubuque Street (hereafter referred to as North Dubuque Street) in the early evening of June 3, 2020. 2. All police reports authored by Iowa City Police, or other law enforcement agencies and which are held by the City of Iowa City, relating to the law enforcement response to and the use of crowd control techniques or non -lethal munitions on North Dubuque Street in the early evening of June 3, 2020. 3. All operational planning documents generated by the Iowa City Police, or other law enforcement agencies and which are held by the City of Iowa City, relating to deployment of law enforcement officers in response to an anticipated protest on June 3, 2020. This includes a request for all documents related to planning for crowd control measures and the decision to equip officers with non -lethal munitions or other riot equipment. 4. All documents related to the decision to deploy chemical munitions, tear gas, CS gas, pepper spray, or other crowd control techniques, on June 3, 2020, in the area of North Dubuque Street, including the name of any person who authorized the use of such items. 5. All documents which would reveal or relate to the number and type of specific items deployed by law enforcement on June 3, 2020, including the number of canisters or containers of tear gas, CS gas, the number of rubber bullets, bean bag projectiles, or any other specific lethal or non -lethal munitions, including "pepper spray", used by law enforcement on June 3, 2020. 6. All documents which would reveal or relate to the number and type of specific crowd control devices currently possessed by the Iowa City Department of Police, including the number of canisters or containers of tear gas, CS gas, the number of rubber bullets, bean bag projectiles, "sound cannons," pepper spray, or any other specific lethal or non -lethal munitions, and a list of any and all types of military grade equipment procured by Iowa City and currently in possession of the Iowa City Police Department. If there are any fees for searching or copying these records, please inform me if the cost will exceed $100.00. However, I would also like to request a waiver of all fees in that the disclosure of the requested information is in the public interest. The Iowa Open Records Law requires a response time within ten to twenty business days. If access to the records I am requesting will take longer than that time period, please contact me with information about when I might expect copies or the ability to inspect the requested records. If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me. Sincerely, Carol deProsse 1401 Burry Drive Iowa City, IA 52246-4513 July 16, 2020 ACLU of Iowa 505 51^ Avenue Suite 808 Des Moines, IA 50309 Greetings: On June 15, 20201 filed an FOIA request with the City of Iowa City regarding the use of weaponry, specifically tear gas, used against those protesting the murder of George Floyd and other Black individuals by various law enforcement agencies. Please find attached the reply to my FOIA request, particularly the copy of the email attached to same. I am particularly disturbed by the second sentence of this email: Closing Civic Center down at 5 for the weekend. Only news so far is a 1800 protest and ANTIFA might be in town with bricks. With Donald Trump and Bill Barr trying to convince the public that ANTIFA is a terrorist organization, when they have no evidence of such, is worrisome in and of itself. False declarations of this sort none -the -less plant in some portion of the public's mind that ANTIFA is a terrorist group. It stands for anti -fascism and I therefore consider myself ANTIFA. do not know the extent to which you are undertaking looking at surveillance of leftist groups in the state, but I think that the matter would benefit by your so doing. Donald Tru mp is a threat to democracy, but too often so are law enforcement agencies including local police departments and the federal government. I thank you for any attention to this issue you can provide. Sincerely, Carol deProsse 319-400-8390 Chris Olney From: Carol deProsse < lonetreefox@mac.com > Sent: Thursday, July 16, 2020 6:41 PM To: Council; Community Police Review Board; Geoff Fruin Subject: Reparations A And as Americans debate how far the country should go to make amends for racial injustices, Asheville, N.C., has taken the first step — it approved reparations for Black residents, in the form of funding to promote homeownership and business opportunities. Chris Olney From: Carol deProsse <lonetreefox@mac.com> Sent: Thursday, July 16, 2020 2:39 PM To: Council; Geoff Fruin; Lonny Pulkrabek; Community Police Review Board; Bill Campbell Subject: Black Lives Matter A The police just don't get it .. . httr)s://www.cnn.com/2020/07/l6/us/blue-lives-matter-mural-nvc-trnd/index html Chris Olney From: Carol deProsse <lonetreefox@mac.com> Sent: Saturday, July 18, 2020 9:06 AM To: Community Police Review Board; Geoff Fruin; Bill Campbell; Council Subject: NYTimes: I'm a Black Police Officer. Here's How to Change the System. I'm a Black Police Officer. Here's How to Change the System https:Hprotect-us.m imecast.com/s/hCKKCYEZPDUVK3gHO4EI R?do ma i n=nytimes.com This email is from an external source. Chris Olney From: Carol deProsse <lonetreefox@mac.com> Sent: Saturday, July 18, 2020 9:11 AM To: Council; Geoff Fruin; Community Police Review Board Subject: John Lewis 'loved this country so much that he risked his life and his blood ...' https:Hprotect-us. mimecast.com/s/02TfCORMzjtN n 2 KcwSdTa?domain=da ilykos.com This email is from an external source. Chris Olney From: Carol deProsse <lonetreefox@mac.com> Sent: Tuesday, July 21, 2020 6:54 PM To: Council; Community Police Review Board; Tracy Jon Sargeant Subject: AP News: Defying governor, Iowa City mayor mandates masks in public 7 RISft Way to go Mayor Teague. We have never had a mayor quite as grand as Bruce Teague. I am so proud to have voted for him and proud to be a citizen of Mayoralty. Defying governor, Iowa City mayor mandates masks in public IOWA CITY, Iowa (AP) — Iowa City's mayor on Tuesday ordered people to wear masks in public to stop the spread of the coron... Read the full story Sent from AP News. Download now on the App Store or Gooc le Play Chris Olney From: Carol deProsse <lonetreefox@mac.com> Sent: Thursday, July 23, 2020 12:59 PM To: Council; Community Police Review Board; Bill Campbell; Geoff Fruin Subject: Walz signs police accountability bill sparked by Floyd's death - https://protect- us.mimecast.co m/s/iJ U VCZ6gQEi KwzyCzM EyY?doma in=sta rtri bune.com https://protect-us. mimecast.com/s/45lgClwMAkTJ08KTG M ujq?doma i n=startri bune.com This email is from an external source. Chris Olney From: Carol deProsse <lonetreefox@mac.com> Sent: Friday, August 7, 2020 10:05 AM To: Council; Community Police Review Board; Geoff Fruin Subject: Milwaukee Police Chief https:Hprotect-us. m imecast.com/s/QW H-CM8XzntyDp KhwTgo_?domain=theh i ll.com This email is from an external source. Chris Olney From: Kraemer, Jessica E <jessica-kraemer@uiowa.edu> Sent: Monday, July 27, 2020 8:40 PM To: Community Police Review Board Subject: Witness to Action on June 3rd A To whom it may concern, My name is Jessica Kraemer, and I am an instructor at the University of Iowa and a graduate student in the Nonfiction Writing Program. I am writing because on the night of June 3rd I was a part of the peaceful march at which officers deployed teargas. I need to tell you that I'm not sure I've even fully processed the fear of that night. A night that began with chanting and marching across the city with my colleagues and students the age of which I teach in my literature classes --and ended with my seeing those same colleagues and students screaming, tearing at their eyes, or collapsed, stunned and unable to move. "I can't see. I can't see," is what I keep hearing. Or, "it hurts so bad, please make it stop. It hurts so bad." "Water, please, water, I need water." Earlier in the night, a student beside me was skipping and sort of dancing as we chanted, a bit before twilight as we walked by Filmscene. They bumped into me and I turned to apologize. They said, "I'm sorry, sweetie," and we exchanged a smile behind our masks. It felt really hopeful, as we were out together, a big group, after weeks isolating inside for the greater good. That night we were out, all in masks, a bit uncertain about the virus, but certain beyond a doubt that what had happened to George Floyd in Minnesota, and what happens to Black individuals at the hands of the police everywhere, needed to be confronted, and we were doing what people in this country do when they want the government to listen: gathering in the street. I remember that student's smile, remembered it as we separated naturally in the flow of the march. I remembered it a few hours later when I saw that same student on his knees, eyes like searchlights, reaching out in front of him and unable to speak after being showered in the teargas, like it were steam from a hot pot. He couldn't breath. "I can't see anything. I don't think I can see anything." I walked to get him, holding my arm against my mouth, my hand hand clenched mercilessly around my partner's wrist so we wouldn't lose each other in the dark, but a few other students got to him first and quickly dragged him across the pavement by his arms. It was a warzone. Iowa City. A street I walked every day to get to class. I don't know with what words you could possibly defend this action. Firing weapons into a crowd of students, of student - aged young people, of moms and dads and teachers and hundreds of people who work and live in this city, who are taxpayers and artists and the same people who attend basketball games and caucused in the winter and shovel sidewalks and rollerblade and play basketball in the park and do all the things that human people do in this city when they are not being brutalized by the state. Perhaps you've learned since that a peaceful protest does not need to be met with violence, even if its disobedience intends to shut down a major road. What were you afraid of -- someone getting injured because they were walking in the street? Were you trying to serve and protect? But perhaps you should have been more afraid of someone having a seizure after your police deployed a flashbang into a crowd? Perhaps you should have been more afraid of someone having a seizure, EMTs being called, and those EMTs arriving to be hit with teargas while they were tending to someone actively having a seizure? I witnessed that happen. And I need you to publicly explain this action. And if by any stretch of the imagination you find this action defensible, I need you to tell us in great detail why. And if you do not find this action defensible, then someone needs to be fired or otherwise held accountable and this needs to be done publicly. A great violence was done to this community that night. And that violence needs to be held to account. The trust this city's people has in its city is destroyed. And you have a long way to go to repair it. Members of the community with cardboard signs. Amazon boxes from weeks of being inside and guiltily clicking covered in block letters with Sharpies we all had lying around leftover from class presentations. A parade of people with signs, chanting and singing in the road. A group of people armed at worst with cans of spray paint who at no point showed signs of aggression. Honestly, and I want to know: what were you afraid of? Something you'd seen on the news? You became the terror on the news. I hope now you are more afraid to see Iowa City drenched in gas, people running and screaming, as pictured in the Washington Post, in the New York Times. Videos and photographs that tell the same story: police use state weapons against people saying Black Lives Matter. An old story. You need to answer publicly and at length for these actions and you need to let the community know how you plan hold those responsible to account: firing whoever ordered this action, forbidding the use of these tactics in any future instance, and with your actions and words begging for the forgiveness of a community that you have viciously wronged. Because myself and thosw present that night on Dubuque --because our neighbors and friends and those people who love us across the country, because the people who saw Iowa City protesters get gassed and assaulted in the national news -- will not be forgetting that night. Jessie 725 E. College St. Iowa City, IA Chris Olney From: Iowa Freedom <iowafreedomriders@gmail.com> Sent: Tuesday, August 4, 2020 8:21 PM To: Community Police Review Board Cc: raneemhamad@gmail.com; smith.akia.nyrie@gmail.com; sabarali@gmail.com; david.drustrup@gmail.com Subject: IFR & CPRB RISK Dear CPRB, We'd first like to thank you for your service to the community and any efforts towards the humanizing of BIPOC lives as they are policed in Iowa City. As you may know, we have been interfacing with City Council about changes in policing in Iowa City. Since these are issues you all have been working on for a very long time, we are hoping to be in communication with you. Below are the near -term demands we have recently presented to City Council. We believe these are very reasonable suggestions that directly address the primary problem that police are tasked to handle far too many public wellness concerns, for which they are unable to assist. We look forward to hearing the discussion of these issues at your meeting next week, and please feel free to be in touch with us anytime to further discuss questions and concerns. Goal 1: Construction of the Community Wellness & Accountability architecture • City Manager Fruin must immediately prioritize the City Council agenda to begin the construction of the Community Wellness & Accountability architecture to address public safety, security, accountability, and self -governance. This new architecture for Community Wellness & Accountability will be based on empirical evidence and theory offered by experts such as Angela Davis, Ruth Wilson Gilmore, Mariame Kaba, and others who have successfully fought for the well-being of the most marginalized populations. o The Community Wellness & Accountability architecture will initially consist of 5 response teams: Mental Health, Road Safety, Drug & Alcohol, Anti -Homelessness, and Interpersonal Conflict. These teams will be staffed with mental health professionals, social workers, EMTs, nurses, and other Peer Professionals who are community members and trained to respond to community concerns in non -punitive ways. Once implemented, they will respond to emergency and non - emergency calls for help within their fields of expertise to resolve disputes and ensure the safety of citizens requiring assistance. o The Community Wellness & Accountability architecture will also include 4 departments to address long-term community needs: Affordable Housing, Income Support & Job Preparation, Immigrant & Refugee Support, and Community Wellness Programs. These departments can work alongside, or join with, already existing structures within City government. • By September 30, 2020, there will be 3 paid positions within City government to construct these aspects of the Community Wellness & Accountability architecture. • By January 1, 2021 we expect to see The Community Wellness & Accountability architecture to be funded $5 million annually. This money will come from the city policing budget for calls that they are no longer required to handle, as well as through the removal of unnecessary military -grade weaponry, armor, uniforms, and other material contributing to the oversized budget. Goal 2: A detailed report of the events of violence against protesters on June 3 in Iowa City. • City Manager Fruin must immediately engage in a more earnest attempt to understand more details about the violence against protesters that was committed by police on June 3, 2020. The mixed reports and drawn -out investigation are not aligned with the "deep introspections" that he promised Iowa City in his letter on June 10. City Manager Fruin must immediately use his relationships within the police department to get a clear answer about who was responsible for the violence that night, why no one has come forward yet, and what the repercussions will be. o This report from City Manager Fruin must be completed and made public by 09/01/20. Goal 3: A publicly searchable database of complaints made against officers • City Manager Fruin must immediately prioritize a new agenda item for City Council: creating a public database for complaints against police officers. This should be easily accessible, browsable, and searchable by officer name. While we understand the construction of a publicly accessible website may take some time, we expect a list, publishable as a PDF on the City government's website. o The public list must be made viewable by 09/01/20. o The searchable database must be operational on the City government website by 01/01/21. • City Manager Fruin and City Council should immediately begin discussions with FIR and other community leaders including BVP and SDNA around repercussions for officers who have caused harm in the community. o By 09/01120, City Councilors and City Manager Fruin will have completed their first meeting with IFR, BVP, SDNA, and other community stakeholders. They will have jointly constructed a blueprint for regular meetings and a timeline for action and decision -making. Thank you for your time and consideration. Black Lives Matter, IFR Raneem Hamad Akia Nyrie Smith Saba Ali David Drustrup DHWN �1 I COMMUNITY POLICE REVIEW BOARD GENERAL RESPONSIBILITIES Established in 1997, by ordinance #97-3792, the Iowa City Police Citizens Review Board formerly known as Citizens Police Review Board and now known as Community Police Review Board (hereafter referred as the CPRB), consists of five members appointed by the City Council. The CPRB has its own outside legal counsel. The Board was established to review investigations into claims of police misconduct, and to assist the Police Chief, the City Manager, and the City Council in evaluating the overall performance of the Police Department by reviewing the Police Department's investigations into complaints. The Board is also required to maintain a central registry of complaints and to provide an annual report setting forth the numbers, types, and disposition of complaints of police misconduct. The Board shall hold at least one community forum each year for the purpose of hearing citizens' views on the policies, practices and procedures of the Iowa City Police Department. To achieve these purposes, the Board complies with Chapter 8 of the Iowa City Code and the Board's By -Laws and Standard Operating Procedures and Guidelines. ACTIVITIES AND ACCOMPLISHMENTS FOR FISCAL YEAR 2020 Meetings The CPRB tentatively holds monthly meetings on the second Tuesday and special meetings as necessary. During FY20 the Board held eleven meetings. Due to Covid-19 restrictions the Community Forum scheduled for April was postponed until later in the year. ICPD Policies/Procedures/Practices Reviewed By CPRB The ICPD provided various General Orders for the Board's review and comment. A senior member of the Police Department routinely attended the open portion of the CPRB meetings and was available for any questions Board members had regarding these reports. Presentations At the March 10, 2020 meeting Police Captain Brotherton and Officer Puente demonstrated the police departments new body cameras. Board Members In October 2019 officers were nominated with Monique Galpin as Chair and Orville Townsend as Vice -Chair. Sam Conaway was appointed in July 2019 for a four-year term. Jerri MacConnell was appointed in June 2020 to fill the unexpired term of Sam Conaway. COMPLAINTS Number and Type of Allegations Five complaints (19-03,19-04,19-05, 20-01, 20-02) were filed during the fiscal year July 1, 2019 — June 30, 2020. Five public reports were completed during this fiscal period (19-01,19-02,19-03, 19-04, 19-05). Two complaints filed in FY20 are pending before the Board (20-01,20-02). CPRB Annual Report FY 2020 - DRAFT 8/11 /2020 - 1 ALLEGATIONS Complaint #19-01 Allegation 1 — Excessive force against Complainant's Spouse. Board's Findings: Allegation 1— NOT SUSTAINED The board affirmed the opinion set forth in the report of the police chief and/or city manager. Chiefs Report Findings: Allegation 1— NOT SUSTAINED Allegation 2 — Excessive force against Complainant. Board's Findings: Allegation 2 — NOT SUSTAINED The board affirmed the opinion set forth in the report of the police chief and/or city manager. Chief's Report Findings: Allegation 2 — NOT SUSTAINED Allegation 3 — Failure to provide a copy of search warrant. Board's Findings: Allegation 3 — NOT SUSTAINED The board affirmed the opinion set forth in the report of the police chief and/or city manager. Chiefs Report Findings: Allegation 3 — NOT SUSTAINED Allegation 4 — Wrecked the apartment during execution of search warrant. Board's Findings: Allegation 4 — NOT SUSTAINED The board affirmed the opinion set forth in the report of the police chief and/or city manager. Chief's Report Findings: Allegation 4 - NOT SUSTAINED Complaint #19-02 Allegation 1 — Use of excessive force in entering a residence to serve a civil commitment order on the individual subject of the order. Board's Findings: Allegation 1 - NOT SUSTAINED The Board has elected not to determine this incident based on the procedural grounds of whether or not the complainant has standing as the Chief did in his letter, but rather on the merits. Upon careful review of the record, there is no evidence to sustain this allegation. Chief's Report Findings: Allegation 1 — COMPLAINANT LACKED STANDING FOR LACK OF PERSONAL KNOWLEDGE. Allegation 2 — Use of excessive force and/or improper procedure in assisting with the transport of an individual that is the subject of a Civil Commitment Order. Board's Findings: Allegation 2 — NOT SUSTAINED The Board has elected not to determine this incident based on the procedural grounds of whether or not the complainant has standing as the Chief did in his letter, but rather on the merits. Upon careful review of the record, there is no evidence to sustain this allegation. Chiefs Report Findings: Allegation 2 - COMPLAINANT LACKED STANDING FOR LACK OF PERSONAL KNOWLEDGE CPRB Annual Report FY 2020 — DRAFT 8/11 /2020 — 2 Complaint #19-03 Allegation 1 — Improper towing of vehicle. Board's Findings: Allegation 1 - NOT SUSTAINED The board affirmed the opinion set forth in the report of the police chief and/or city manager. Chiefs Report Findings: Allegation 1 - NOT SUSTAINED Complaint #19-04 Allegation 1 — The officer's decision to not file charges against the other participant was influenced by him personally knowing the other participant's boyfriend. Board's Findings: Allegation 1 — NOT SUSTAINED. The board affirmed the opinion set forth in the report of the police chief and/or city manager. Chief's Report Findings: Allegation 1 — NOT SUSTAINED. Allegation 2 — Illegal search of personal property and seizure of cell phone. Board's Findings: Allegation 2 — NOT SUSTAINED. The board affirmed the opinion set forth in the report of the police chief and/or city manager. Chief's Report Findings: Allegation 2 — NOT SUSTAINED. Allegation 3 — Failure to properly investigate the incident. Board's Findings: Allegation 3 — NOT SUSTAINED. The board affirmed the opinion set forth in the report of the police chief and/or city manager. Chiefs Report Findings: Allegation 3 — NOT SUSTAINED. Complaint #19-05 Allegation 1 — Improper investigation. Board's Findings: Allegation 1 — NOT SUSTAINED The board affirmed the opinion set forth in the report of the police chief and/or city manager. Chief's Report Findings: Allegation 1 — NOT SUSTAINED. Level of Review The Board decided, by simple majority vote, the level of review to give each report, selecting one or more of the six levels specified in the City Code per complaint: Level a On the record with no additional investigation 4 Level b Interview or meet with complainant 0 Level c Interview or meet with named officer 0 Level d Request additional investigation by Chief or 1 City Manager, or request police assistance in the Board's own investigation Level a Board performs its own additional investigation 1 Level f Hire independent investigators 0 CPRB Annual Report FY 2020 — DRAFT 8/11/2020 — 3 Complaint Resolutions The Police Department investigates complaints to the CPRB of misconduct by police officers. The Police Chief summarizes the results of these investigations and indicates in a report (the Chief's Report) to the CPRB whether allegations are sustained or not sustained. (If complaints are made against the Chief, the City Manager conducts the investigation and prepares and submits the reports.) The Board reviews both the citizens' complaint and the Chiefs Report and decides whether its conclusions about the allegations should be sustained or not sustained. The Board prepares a report which is submitted to the City Council. Of the eleven allegations listed in the five complaints for which the Board reported, none were sustained. The Board made comments and/or recommendations for improvement in police policy, procedures, or conduct in three of the reports: Complaint #19-02 — Due to the procedures, the Board was originally presented only with a copy of the Complaint and the Chief's letter indicating that the Complainant had no personal knowledge of the allegations and that no additional investigation will occur at this time. This put the Board in the position of having to set a level of review without information the Board felt was sufficient to make such a definitive determination on the outcome of the claim, as lack of standing. The Board elected to investigate further, as outlined above. Rather than determine this matter on the legal aspect of "standing," after reviewing with legal counsel, the Board determined it would be wiser, in this instance, to determine this Complaint based on the merits. We believe this action to be more aligned with the service of the Board; to provide substantive reviews of possible officer misconduct. Complaint #19-03 — The Chiefs report addressed an additional finding that the Officer failed to remove the license plate prior to towing, although this was not a part of the Complaint Complaint #19-05 — While Complainant states in her Complaint that the other woman involved in the dispute continued to make contact with her, she does not present any evidence that she notified the Iowa City Police Department of these additional contacts. Moreover, the record does not support that the Officers subject to this Complaint ever had occasion to learn of any of this additional contact. Name -Clearing Hearings The ordinance requires that the Board not issue a report critical of the conduct of a sworn officer until after a name -clearing hearing has been held. During this fiscal period, the Board scheduled no name - clearing hearing. Complaint Histories of Officers City ordinance requires that the annual report of the CPRB must not include the names of complainants or officers involved in unsustained complaints and must be in a form that protects the confidentiality of information about all parties. In the five complaints covered by the FY20 annual report a total of twelve officers were involved with allegations against them. CPRB Annual Report FY 2020 — DRAFT 8/11/2020 — 4 COMPLAINT DEMOGRAPHICS The following is demographic information from the three complaints that were completed in this fiscal year. Because complainants provide this voluntarily, the demographic information may be incomplete. Age. 18-25 26-35 36-45 46-55 56-64 (1) 65+ Disability: (1) Physical Mental None Annual Household Income: 100K 75-99K 50-75K 25-49K (1) Under 25K Gender: (1) Female Male Other Sexual Orientation: LGBTQ Heterosexual (1)Other Ethnic Origin: Black/African-American (1) Hispanic American Indian/Alaska Native Asian/Pacific Islander White/Caucasian Other Were you born in the United States: (1)Yes No Religion: Muslim None (1) Other Marital Status: (1) Married Single Divorced ' Information is reported as presented BOARD MEMBERS Monique Galpin, Chair Orville Townsend, Vice -Chair Latisha McDaniel David Semler Sam Conaway/Jerri MacConnell Separated Widowed Other by the person completing the form. CPRB Annual Report FY 2020 — DRAFT 8/11 /2020 — 5 Electronic Meeting e to concerns presented by COVID-19 COMMUNITY POLICE REVIEW BOARD COMMUNITY FORUM The Community Police Review Board will be holding a Community Forum for the purpose of hearing views on the policies, practices and procedures of the Iowa City Police Department. QUESTIONS & COMME14TS: Send your questions or comments you'd like addressed at the forum to the following by Thursday, September 10, 2020: Please include full name and address. (All correspondence is public) CPRB City of Iowa City 410 E Washington St, 52240 4 Or e-mail to: CPRB@Iowa-city.org COMMUNITY POLICE REVIEW BOARD COMMUNITY FORUM SEPTEMBER 21, 2020, 5:30 PM ELECTRONIC ZOOM MEETING PLATFORM Electronic Meeting (Pursuant to Iowa Code section 21.8) An electronic meeting is being held because a meeting in person is impossible or impractical due to concerns for the health and safety of Commission members, staff and the public presented by COVID-19. You can participate in the meeting and can comment on an agenda item by going to httos://zoom us/webinar/register/WN vuuRaN5KRr2XyhMGs9EUvw via the intemet to visit the Zoom meeting's registration page and submit the required information. Once approved, you will receive an email message with a link to join the meeting. If you are asked for a meeting or webinar ID, enter the ID number found in the email. A meeting password may also be included in the email. Enter the password when prompted. If you have no computer or smartphone, or a computer without a microphone, you may call in by telephone by dialing (312) 626-6799. When prompted, enter the meeting or webinar ID. The ID number for this meeting is: 952 8410 9770 Once connected, you may dial *9 to "raise your hand," letting the meeting host know you would like to speak. Providing comments in person is not an option. /Tel AZ W11 ITEM NO. 1 CALL TO ORDER & ROLL CALL ITEM NO. 2 INTRODUCTION OF BOARD ITEM NO. 3 CONSIDER MOTION TO ACCEPT CORRESPONDENCE AND/OR DOCUMENTS ITEM NO. 4 PUBLIC DISCUSSION WITH COMMUNITY POLICE REVIEW BOARD ITEM NO. 5 ADJOURNMENT 1" General News Release 9OnA FITCommunity invited to attend Community Police Review oard forum The Community Police Review Board (CPRB) will host its annual Community Forum to hear views on Iowa City Police Department policies, practices and procedures. The community is invited to submit questions and comments that will be used during the event. The forum will begin at 5:30 p.m., Monday, September 21, 2020. An electronic Zoom meeting is being held because a meeting in person is impossible or impractical due to concerns for the health and safety of Commission members, staff and the public presented by COVID-19. Questions and comments are due by Thursday, September 10 and can be emailed to CPRB(a)iowa-citv.orra or mailed to CPRB at City Hall, 410 E. Washington St., Iowa City, Iowa 52240. Be sure to include your full name and address as all submissions are public. The board will try to address all questions and comments it receives. The forum will also be recorded and later shown on City Channel 4. You can view programming and the schedule at www.citychannel4.com. 2nd General News Release Community Police Review Board Forum 10921py The Community Police Review Board will host its annual Community Forum to hear Views on Iowa City Police Department policies, practices and procedures. The forum will begin at 5:30 p.m., Monday September 21, 2020. An electronic Zoom meeting is being held because a meeting in person is impossible or impractical due to concerns for the health and safety of Commission members, staff and the public presented by COVID-19. Additional information about the Community Police Review Board is available at https://www. icgov.o rg/city-governme nt/boards/community-po I ice -review -boa rd-cp rb 3 Community September 2 (Email/Handout to Board by 8/25/20) Publicizing Forum • Email Notice to (Cable to run on City Channel)-8/20/20 • Email Notice to (Neighborhood Outreach) for email contacts for lists—8/20/20 • Add Meeting to City Web Event Calendar (with notice) 8/20/20 • Post Notice in City Building —City Hall 8/21/20 • Email Notice to staff of Brds/Comm (City Clerk) — 8/24/20 • Email Notice to Dept. Heads/Division Secretaries to post (City Clerk) — 8/24/20 • Email Notice to UISG (City Clerk) — 8/24/20 • Hardcopy Notice in all City Buses (28 Card Stock) — To TRM 8/21/20 internal mail • 1' General News Release (re: Forum) — 8/20/20 (with deadline 9/10/20 for questions) • (Communications) Highlights/FB/Twitter—Link to 1 st General News Release— 8/24/20. • Copy of 1"News Release/Notice in Council packet — 8/20/20 (off week packet) • Notice in Council packet — 8/27/20 (for 9/l/20 meeting) p • 2"d General News Release (re: Forum) — 9/14/20 (no deadline for questions) O • Copy of 2"d Release in Council packet — 9/17/20 (off week packet) • (Communications)Highlights/FB/Twitter— Link to 2nd News Release— 9/14/20 • Post Agenda & Agenda News Release — 9/11 /20 Videotape of Forum Cable to videotape and re -broadcast Forum on the City Channel for couple of months Items for Forum: ✓ Forum Agenda copies ✓ Name Plates of Board Members/Staff ✓ Calendar Year Complaint Information copies (past three years) ✓ Sign in Sheets ✓ Brochures ✓ Complaint Applications ✓ Information Sheet copies ✓ Forum Poster Board ✓ Ink Pens/Scotch Tape ✓ Recorder After Meeting: - Forum Meeting Minutes (Prepared by Staff as draft) - Transcriptions of Forum - Forum Summary Report (Prepared by Board) Neighborhood Centers of Johnson County P.O. Box 2491 Iowa City, IA 52244 • Email Notices to Neighborhood Ctrs (Broadway/Pheasant Ridge) — Do by 8/21/20 ncic(ddncic.org (354-2886) Shelter House 429 Southgate Ave Iowa City, IA 52240 • Email Notices to Shelter House (sent to Crissy) —Do by 8/21//20 crissv(fthelterhouseiowa ora (351-0326) The Housing Fellowship 322 E 2nd St Iowa City, IA 52240 • Email Notices to Housing Fellowship — Do by 8/21/20 Inewmire(&housinafellowship.com (358-9212) The Salvation Army Iowa City Corps 1116 Gilbert Ct Iowa City, IA 52240 • Email Notices to The Salvation Army — Do by 8/21/20 oam.boatena(a)usc.salvationarmv.ora (337-3725) 1105 FACILITY Crisis Center of JC 1121 Gilbert Ct Iowa City, IA 52240 • Email Notices to Crisis Center — Do by 8/21/20 adminOiccrisiscenter.ow (351-2726) Free Lunch Program PO Box 2831 Iowa City, IA 52244 • Email Notices to Free Lunch Program — Do by 8/21/20 idreelunch@amail.com (337-6283) Domestic Violence Program PO Box 3170 Iowa City, IA 52244 • Email Notices to Domestic Violence Program — Do by 8/21/20 kristie@dvioiowa.oro (356-9863) Kristie Dozer, Exec Director No bulletin board, but will post info on website National Alliance on Mental Illness (NAMI) PO Box 3087 Iowa City, IA 52244 • Email Notices to NAMI — Do by 8/21/20 • mary.issahOnamiic.ora (337-5400) ml E o� $ ° � _ L ° JE p15 Q ;R m nm �SSSmmgsS33 �SSB Aim r r A S �'p�'% I A 05 A N h a a a a g a a a a g g g g g g g g g g a g a g a g¢ a g a g a a a a„ m a a a a a a a a¢ a a ¢ g g a g a a¢ a t iiimi tti ,g ,ggg g g � a � t a r a t tt ais 3iiiiiiiiiii tt tttttia G O G G G G 0 6 G G G gooeos0000000 oaa <€oo £aa€aa a€€aao€------€-- — - € - - €€ - L G E a C 2& m d tj Ea;i_`o>z aiiai <�<I m6sL9 zE E��EEE aox<ss`ow t`A B Z E d <$ 3 i u e r $ E« 8�-.- .fig scm ZEE 2;° t o E<a c E tl ` v G z42L E u g n E y x- E 's �"d s,. o,5s3add„m5a-�fi 9S8'oc,'„s M 'o` §o a� m 0> : E vs% „$`gym"- a c o m' x COMMUNITY POLICE REVIEW BOARD 410 East Washington Street Iowa City IA 52240-1826 (319)356-5043 DATE. Month Day, Year Dear former PCRB/CPRB member, The Community Police Review Board (CPRB) has been tasked by the City Council to generate a report and recommendation regarding changes to the CPRB ordinance that enhance its ability to provide effective civilian oversight of the Iowa City Police Department (ICPD) including but not limited to those that address compelling the testimony of officers, with a report to include a summary of measures considered and rejected by the CPRB, whether it be for policy or legal reasons. In preparing for this report, we are seeking the opinions of prior board members. Please spend some time responding to the questions below: 1. During the time that you served on the CPRB, did you feel that you were able to provide effective civilian oversight of the ICPD? 2. Did you ever feel that the powers or functions of the CPRB were limited in a way that hindered your capacity to provide effective oversight? Yes / No 3. If your answer to #2 is yes, what were the limitations (please be as specific as possible) 4. What changes do you feel are needed to improve the situation? 5. What other changes to the CPRB's functions would you recommend to be considered? 6. How do you think those changes would enhance the oversight capacity? 7. Did you serve your full term? Yes/No If not, why? We appreciate you taking the time from your busy schedule to respond to the above questions. Please return your response by WHAT DATE? to: CPRB Or email: chris-oney u.iowa-citv.ora Attention: Chris Olney 410 E. Washington Street Iowa City, Iowa 52240 Regards, Orville Townsend Sr, Vice Chair Community Police Review Board From CPRB Member Amanda Nichols CPRB Powers & Functions Publicly published reports should identify officers involved in complaints. All complaints filed directly through the police department should be forwarded to the CPRB. Authority to hire an independent auditor to review the police department's internal investigation procedures and make recommendations. Authority to require officers to participate in mediation if the complainant desires and the CPRB finds it appropriate to the situation. This could involve consent decrees with the Department of Justice as in Baltimore, Maryland; Ferguson, Missouri; and New Orleans, Louisiana. Authority to issue formal reprimands with legal standing for officer misconduct as in Newark, New Jersey. CPRB findings/rulings should be binding --unless disputed by the Chief of Police -- and they should be acted upon within fourteen days. If the Chief of Police disputes the ruling, the dispute should go to the City Council to be settled by a public vote. If the CPRB recommends that an officer is terminated or faces other disciplinary action, it should only be reversible by a council vote. Authority to initiate investigations and reviews at its sole discretion, without the necessity of a filed complaint, and have unfettered access to relevant documents including full direct access to witnesses and police documents, as well as mandatory cooperation of police. As with others, these investigations should be made public. Authority to hire/fire the chief of police as in Oakland, California. CPRB should conduct quarterly reviews of police stops and arrests with breakdowns of the attending demographic information including stops and arrests by race and ethnicity. These reports should be provided by the Chief of Police. CPRB should be provided city funding for awareness and accessibility improvements.. CPRB should be provided funding and authority to hire an advocate with trauma awareness training to assist complainants who desire their services with maneuvering the process. Advocates would provide assistance and support as needed in filling out and submitting paperwork and attending meetings and interviews. Police Policy Implement an immediate hiring freeze of new officers. When the next _?_ police officers retire from the force, they should not be replaced. The portion of the city budget allocated to hire their replacements should instead be used to hire mental health professionals, social workers, EMT's, nurses, homeless advocates, domestic abuse victim advocates, harm reduction workers, and peer proffessionals. (Look up ideal ratios for populations) 911 and police dispatchers should be directed to contact emergency mental health, social work, and/or harm reduction services first for any calls related to mental health, substance use, homelessness, disorientation, and/or dispute resolution. Those emergency responders should be the ones to decide whether or not they would like a police presence. ?Require reporting and CPRB review for all incidences where an officer draws a gun on a subject or uses their firearm during precautionary positioning maneuvers, regardless of whether or not the gun is discharged. Add these actions to the definition of Use of Force. (Look up current policy to see if reporting is already required in these incidents) Prohibit surveillance and targeted stops of nonviolent community organizers and activists. Violence defined as "behavior involving physical force intended to hurt, damage, or kill someone." This includes prohibiting the ICPD from cooperating with surveillance being performed by other agencies. Remove the section of General Order 99-08 that allows an officer to deactivate a recording during a self-initated field activity when no people are present. Require body cameras to be operational at all times and recording for the entirety of all field activity. There should be disciplinary action any time an officer fails to follow these guidelines and termination in the event of multiple violations. Require regular and timely publication of the ICPD's full budget, in clear language and with clear details for every all line items, so that citizens can access and understand exactly how money is being spent. Police officers with one or more excessive force complaints should be fired and have pensions withheld. Reduce the police budget by 75% by the start of the next fiscal year by measures such as immediately eliminating overtime work and overtime pay, cutting funding for public relations, and suspending the use of paid administrative leave for officers under investigation. (This will allow for more city funding to be applied to desperately needed social programs related to healthcare, housing, education, childcare, food security, transportation, legal aid, mutual aid, etc.) Police union contract negotiations should be public and readily accessible. Remove all military grade equipment from the ICPD arsenal, including tear gas, rubber bullets, armor, and riot gear and end contracts with the federal government that provide access to military grade equipment. An independent analysis should take place to determine what other equipment is military grade and how to dispose of it. Officers responding to activity without a confirmed armed suspect should not be armed. ICPD should immediately deprioritize police activity related to drug use and paraphernalia and end all arrests and ticketing related to paraphernalia (including syringes) and to marijuana possession under 40 grams. Immediately prohibit the use of tear gas, rubber bullets, pepper balls, and flashbang grenades against protesters and other civilians. ICPD should cease to initiate traffic stops related to traffic laws and road safety once a road safety response team is created. All complaints against officers should be entered into a publicly searchable database that is readily accessible on the city government's website, browsable, and searchable by officer name. Additional Related Discussion Items I would like us to create a public input form to allow the community to make suggestions for our report to city council. I would like us to hold a forum on zoom with representatives from organizations concerned with decreasing racial disparities and police violence and presence so that they can provide input for our report to city council. (Iowa Harm Reduction Coalition, Iowa Freedom Riders, LEAD, Black Voices Project, ACLU, Seeding Sovereignty, South District Neighborhood Association, etc) Sources ems://scholarship.law. missou ri.edu/0 i/viewcontent. cgi?article=1829&context=)dr hftps:HscholarshiD.law.missouri.edu/mdr/vol20l9/iss1/15/ hftps:Hliftlevillagemag. com/wp-contentluploads/2020/07/CRB-Research-Brief-ASJ-FINAL-CM. od f?fbclid=lwAR3oakTzyDJ bLY9Myl3vJ U RI NS-gJ FzVxU rXC N d6No-7TYSXeiq l5pWPnn M hltps:llwww.unodc.oroldocuments/ungass20l6/ContributionsICivillDrugPolicyAlliancelDPA Fac (_Sheet Approaches to Decriminalization Feb2015 1.odf hftps7//www.drugr)olicy.org/issues/drug-decriminalization From CPRB Member David Selmer August 2, 2020 From: David Selmer To: Community Police Review Board Re: Potential proposals for amending the Community Police Review Board INTRO: The following draft potential proposals are for the consideration and discussion of the Community Police Review Board ("CPRB") in carrying out its charge by the City Council to make recommendations for altering the CPRB that may better empower the CPRB with the carrying out of its duties of overseeing the police department. These are meant to engage discussion on sensitive areas of possible reform. These are ideas for compelling brainstorming, with the expectation that they will be abandoned, revised, and/or developed further through several stages of a group process. It is important that these potential proposals are not taken out of this context. POTENTIAL PROPOSED CHANGE p1: CPRB BE GIVEN POWER TO INVESTIGATE BEYOND JUST FORMAL COMPLAINTS 1. CPRB PROVIDED WITH QUARTERLY REPORTS ON DATA TOPIC FOR REVIEW: a. The Iowa City Police Department shall be responsible for providing the following data for the CPRB to review every quarter: i. Total number of detained individuals ii. Demographics of the individuals detained iii. Total number of arrests iv. Demographics of those arrested v. Number of occurrences where physical use of force model was used for on an individual to the Use of Force model's level of resister. vi. Number of occurrences where physical use of force was used on a individual to the Use of Force model's level of assailant. vii. Number of occurrences when weapons were drawn by police. For each occurrence: 1. Number of individuals involved 2. Race of non -officer individuals involved 3. Whether weapon was pointed at any civilian 4. Whether weapon was discharged S. Stated reason for discharge of weapon 6. Whether any non -officer individual had a weapon 7. Whether the non -officer individual used or tried to use the weapon against any officer viii. Number of occurrences where an officer or civilian was injured and for each occurrence: 1. Who was injured 2. Whether professional medical treatment was requested 1 3. Whether professional medical treatment was provided 2. CPRB EMPOWERED TO INVSTIGATE ANY OCCURRENCE a. The CPRB shall have the power to request the complete records and files for any instance or occurrence, including for any instances reported in the quarterly data for review. The purpose of this proposed change is to allow for oversight beyond the narrow confines of the instances where a formal complaint has been raised to the attention of the CPRB. Data records will allow for identification of trends and more knowledge of the policing and how it is being performed on the several important topics. The list of important topics can be altered and expounded upon. Quarterly reports will allow for more timely responses and investigations than annual reports. IMPLICATED EXISTING CODIFICATION: From Bylaws: Article II Purpose: ...this Board is created to review investigations into complaints of police misconduct to ensure that such investigations are conducted in a matter which is fair, thorough, and accurate, and to maintain a central registry and to provide City Council with an annual report on all such complaints. City Code 8-8-2: INTENT, GOALS AND GUIDING PRINCIPLES: A. Investigations into claims of inappropriate conduct by sworn police officers will be conducted in a manner which is fair, thorough, and accurate. B. An annual reporting system regarding complaints against sworn police officers will be established to give the city council sufficient information to assess the overall performance of the Iowa City police department in these matters. (Ord. 13-4555, 9-17-2013) 8-8-7: DUTIES OF BOARD; COMPLAINT REVIEW AND GENERAL DUTIES A. Complaints: B. Review Of Police Chief's Report Or City Manager's Report: CITY OF IOWA CITY IOWA COMMUNITY POLICE REVIEW BOARD STANDARD OPERATING PROCEDURES AND GUIDELINES June 16, 2015 Preface ..."evaluating the overall performance of the Police Department by having it review the Police Department's investigation into complaints." POTENTIAL PROPOSED CHANGE #2: CPRB BE GIVEN POWER TO REVIEW AND REPORT ON DISCIPLINE WHEN MISCONDUCT IS FOUND, AND TO APPEALTO THE CITY COUNCIL FOR A HEARING ON THE DISCIPLINE ISSUED WHEN DISAGREEMENT WITH POLICE CHIEF/CITY MANAGER. This proposed change addresses a critical part of the oversight function that is missing: accountability/ramifications for instances of misconduct. Presently, the board only reports whether it finds misconduct. The value of this limited review should be restated: in most instances misconduct was not found to be present by the CPRB, and having a panel of impartial community members review cases and report that they concur with the findings of the police has and continues to provide reassurance while saving large expense. However, in complaints where misconduct is found, in order to obtain effective oversight, some authority to weigh in on the discipline of the officer must be provided. Caution must betaken as CPRB members are not trained inhuman resources and/or the disciplining of officers. Still, in the least CPRB should be informed of the disciplinary measures that were taken, and the reasonings behind such decision. Such findings should be included in the report from the Chief or City Manager, and should include, among other information, the history of previous allegations of misconduct against the officer and any history of found misconduct and/or discipline. It is further proposed, in instances where the CPRB found misconduct, they should be able to discuss with the Chief/City Manager the recommended discipline. If the CPRB disagrees with the final finding of discipline by the Chief, it may include such findings in its public report. At discretion of the CPRB, by majority vote, the CPRB should be allowed to appeal the Chief's finding of discipline to the City Council for a hearing in which the City Council would ultimately decide the discipline of the officer. IMPLICATED EXISTING CODIFICATIONS City Code 8-8-2: INTENT, GOALS AND GUIDING PRINCIPLES: E. The board shall have no authority over police disciplinary matters because only the police chief or city manager may impose discipline under Iowa law. City Code 8-8-2: INTENT, GOALS AND GUIDING PRINCIPLES: L. Investigation of all formal complaints to the board is a mandatory duty of the Police Chief, and a report of each complaint investigation shall be given to the board. Such reports to the board shall include the factual findings of the Police Chief as well as a written conclusion explaining why and the extent to which a complaint is either "sustained" or "not sustained". However, such reports shall not include discipline or other personnel matters. If the Police Chief and the City Manager find the police officer's actions constitute misconduct and discipline is imposed by the Police Chief or City Manager, the internal affairs investigation may become a public record to be released by the City Attorney to the extent provided by law, in which case the City Attorney shall forward a copy of such internal affairs investigation report to the board. (Ord. 13-4555, 9-17-2013; amd. Ord. 19-4783, 3-12-2019) City Code 8-8-6: POLICE CHIEF'S REPORT TO BOARD; CITY MANAGER'S REPORTTO BOARD: The Police Chief's report to the board shall not include discipline or personnel matters. City Code 8-8-7: DUTIES OF BOARD; COMPLAINT REVIEW AND GENERAL DUTIES: (B) 5:... In addition, the board's public report shall not include any discipline or personnel matters, although the board may comment generally as to whether the board believes discipline is appropriate without commenting on the extent or form of the discipline. City Code 8-8-8: BOARD COMPOSITION; LIMITED POWERS OF BOARD: 8. Limited Powers: The board shall have the following limited powers: 3. The board has no power to review police officer personnel records or disciplinary matters except to the extent such matters are made public by the City Attorney or are the subject of an enforceable subpoena. City Code 8-8-8: BOARD COMPOSITION; LIMITED POWERS OF BOARD: 9. Nothing in this chapter shall in any way impede or interfere with the Police Chief's and the City Manager's lawful ability to perform their personnel supervisory duties over sworn police officers, including the ability to impose discipline as deemed appropriate by the Police Chief or City Manager. POTENTIAL PROPOSED CHANGE #3 CPRB MEMBERSHIP BE EXPANDED AND CRITERIA FOR MEMBERSHIP EMPHASIZE INCLUSION OF MINORITIES. THE CPRB BE GIVEN SOME AUTONOMY IN SELECTING MEMBERS. 1. THE BOARD SHALL BE COMPRISED OF SEVEN MEMBERS WITH AN EMPHASIS ON REPRESENTING MINORITY GROUPS a. The Board shall be comprised of seven members, not five. The purpose would be to allow larger gathering of members without formulating a quorum, allow for more discussion and representation of the community, and help share the responsibilities of the volunteer board members among more of its members. b. There should be a requirement that composition shall include a minimum of three members who identify as a minority. The call for reform to the CPRB stems from an agenda to achieve racial equality in the justice system. Objective data points to clear racial disparities in policing on a statewide and national level. Having a minimum composition of members from minority groups for overseeing the police would help protect minority interests in the CPRB's carrying out of its police oversight responsibilities and garner more trust in the CPRB from minority groups. 2. THE CPRB SHOULD BE RESPONSIBLE FOR NOMINATION OF SOME OF ITS MEMBERS: a. Two of the Seven members will be nominated by current Board members. b. Five of the Seven members will be nominated by City Council or the Mayor. c. City Council will confirm all nominated members. The purpose would allow for the CPRB to have some input in its own makeup and composition. This would allow for the CPRB to nominate candidates that may have qualifications, skills, or character that the CPRB members believe would compliment the current composition of the CPRB so as to allow them to be more informed, capable, and effective in carrying out its duties and/or representative of interests in the community. Some example qualifications include report writing, community activism, data analysis, and/or auditing. Again, deference to minority composition is recommended. Implicated Existing Codification: ARTICLE III. MEMBERSHIP: Section 1. Qualifications. The Board shall consist of five (5) members appointed by the City Council who shall be eligible electors of the City of Iowa City, Iowa and shall meet the criteria contained in Chapter 8, City Code, City of Iowa City, Iowa. Appointments to the Board shall include one current or former "peace officer" as that term is defined by state law. The City Council may waive the residency requirement for good cause shown and may waive the requirement that the Board include one current or former "peace officer" for good cause shown. City Code 8-8-8: BOARD COMPOSITION; LIMITED POWERS OF BOARD: A. Board Composition: 1. The board shall consist of five (5) members appointed by the City Council... From CPRB Member Latisha McDaniel 1. Complaints are able to be received from a wide variety of sources —including in -person, telephonically, electronically, anonymously and through third persons with sufficient knowledge of the underlying circumstances 2. That the system is accessible through a variety of means (including in person, telephone, electronically) 3. That complainants are not discouraged from filing a report and are free from retaliation (filing anonymously) 4. Is citizen status protected when reporting police misconduct ie rights of undocumented people? 5. Annual review/audit of complaint process. 6. Independent investigation of complaints (not through ICPD. Who is the Equity Director and how are they associated with the City and ICPD? 7. Review IA investigations (investigations that were not part of the CPRB complaint process but involved police misconduct). 8. ICPD must ensure that body cameras are operational at all times. Officers who fail to keep their equipment in working order must be disciplined and/or terminated in the event of multiple violations. 9. Access to individual officer records in order to study patterns of police misconduct of specific officers. 10. CPRB must be able to go beyond recommendations to the Chief and actually be able to enforce disciplinary action in cases of police misconduct and systemic issues within the ICPD. Examples: Firing officers with one or more excessive force complaints Immediate disarm of officers who use weapons in incidents that there was no confirmed armed suspect. Enact and enforce measurable consequences when the board recommendations are not followed or implemented 11. An immediate review of ICPD equipment and removal of all military grade equipment including tear gas, rubber bullets, pepper balls, and flashbang grenades against protestors. 2 From CPRB Member Orville Townsend Chris Olney From: orville.townsend@hotmail.com Sent: Monday, August 3, 2020 1:52 PM To: Chris Olney Cc: Orville Townsend Subject: Re: CPRB suggested changes DUE AUGUST 3 A Chris: My suggestions are as follows: * Under the current system the Board sends its report to the City Council it never receives any written response concerning any actions taken. This is especially noticeable in situations where the Police Chief reviews the information and finds that the officer did not violate the citizen's rights, but the Board, after viewing the information finds that the citizen's rights were violated.Under the current set up it seems that the CPRB is involved, but has no influence over the outcome. * The Board doesn't need officers names but in situations where discipline is necessary can actions taken be shared with the Board? Sent from Tohsoft.Mail for mobile 30 Jul from Chris-Olney@iowa-city.org: This is a reminder to send your suggestions for CPRB changes to me by Monday, August 3rd As of today, there have been none received. These suggestions will be included in the August 111h meeting packet for all members to review prior to the meeting. Thanks, Chris Olney Administrative Secretary I City of Iowa City 319-356-5043 410 E Washington St I Iowa City, IA www.icaov.org Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. Chris Olney From: City of Iowa City <CityoflowaCity@public.govdelivery.com> Sent: Thursday, July 30, 2020 9:31 AM To: Chris Olney Subject: Iowa City announces three finalists for Police Chief position O SHARE Having trouble viewing this email? View it as a Web page. City of IOWA CITY FOR IMMEDIATE RELEASE Date: 07/30/2020 Contact: Geoff Fruin, City Manager Phone: 319-356-5013 Iowa City announces three finalists for Police Chief position City Manager Geoff Fruin announced on Thursday, July 30, 2020, that three finalists have been named for the Chief of Police position. The finalist are: Jason Lando of Pittsburgh, Dustin Liston of El Paso, Texas, and Jeremy Logan of Oelwein. In February, then Police Chief Jody Matherly retired after a 37-year law enforcement career, serving the last three years as Iowa City Police Chief. A national search for a replacement followed the announcement. Finalists have been invited to Iowa City for the next stage of the recruitment process. • Jason Lando: Commander, Pittsburgh Bureau of Police o Served in the Pittsburgh Bureau of Police since 2000; Commander since 2014 o Graduated with a Masters of Science in Legal Studies from California University of Pennsylvania in 2017 o Bachelors of Science in Emergency Medicine Management from University of Pittsburgh in 2001 o Full resume • Dustin Liston: Lieutenant, El Paso Police Department o Served in the El Paso Police Department since 1998; Lieutenant since 2014 o Graduate with a Masters of Science in Criminal Justice from Sul Ross State University in 2016 o Bachelors of Arts in Psychology and Sociology from University of Iowa in 1997 o Full resume • Jeremy Logan: Chief, Oelwein Police Department o Served in Oelwein Police Department since 1993; Chief since 2002 o Currently enrolled in Criminal Justice Leadership Masters program at Waldorf University o Bachelors of Applied Science in Criminal Justice Administration from Waldorf University in 2016 o Full resume Details of the public and meet and greet event will be announced at a later date. The City will implement COVID-19 protocols and will broadcast content from the public event for those not able to attend. Feedback on the candidates is welcome anytime and can be submitted by emailing Policechiefsearch(&iowa-city oro, or by submitting written feedback to the Human Resources Administrator through the Washington Street City Hall lobby drop box or via mail to City Hall at 410 E. Washington Street in Iowa City, 52240. For more information about the finalists, including responses to an initial screening questionnaire, visit icgov.org/PoliceChiefSearch. -" ma Questions? Questions? Contact Us CITY OF 1O A CITY uNIuoirtvot urtR+rust STAY CONNECTED: f Vy in SUBSCRIBER SERVICES: Manage Preferences I Unsubscribe I Help This email was sent to christine-olney@iowa-cily.org using GovDelivery Communications Cloud on behalf of: �Ir City of Iowa City 410 E Washington Street Iowa City, IA 52240 COMMUNITY POLICE REVIEW BOARD OFFICE CONTACTS July 2020 Date Description None August 19, 2020 Mtg Packet COMMUNITY POLICE REVIEW BOARD COMPLAINT DEADLINES CPRB Complaint #20-01 Filed: 06/03/20 Chiefs report due (90 days): 09/01/20 Chief's report filed: 07/23/20 CPRB meeting #1 (Review): 06/09/20 CPRB meeting #2 (Review): 08/19/20 CPRB meeting #3 (Review): ??/??/20 CPRB report due (90 days): 10/21/20 CPRB Complaint #20-02 Filed: 06/04/20 Chiefs report due (90 days): 09/02/20 Chief's report filed: 7?/77 0 CPRB meeting #1 (Review): ??/??/P0 CPRB meeting #2 (Review): 7?/??/40 CPRB meeting #3 (Review): 7?/??/20 CPRB report due (90 days): 77/7?/20 CPRB Complaint #20-03 Filed: 07/07/20 Chiefs report due (90 days): 10/05/20 Chief's report filed: 7?/??/20 CPRB meeting #1 (Review): 77/77/20 CPRB meeting #2 (Review): 77/7?/20 CPRB meeting #3 (Review): ?7/7?/20 CPRB report due (90 days): 77177/20 CPRB Complaint #20-04 Filed: 07/27/20 Chief's report due (90 days): 10/26/20 Chiefs report filed: 771??1P0 CPRB meeting #1 (Review): ??/??/20 CPRB meeting #2 (Review): 7?/??/20 CPRB meeting #3 (Review): ??/??/20 CPRB report due (90 days): ??/??/20 TENTATIVE MEETING SCHEDULE September 8, 2020 September 21, 2020 (Community Forum) October 13, 2020 November 10, 2020