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HomeMy WebLinkAbout11-10-2020 Community Police Review BoardMEMORANDUM COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City DATE: November 6, 2020 TO: CPRB Members FROM: Chris Olney RE: Board Packet for meeting on Tuesday November 10, 2020 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 11/10/20 • Minutes of the meeting on 10/15/20 • Minutes of the special meeting on 10/23/20 • ICPD General Order 04-01 (Personnel Early Warning System) • ICPD General Order 99-01 (Police Vehicle Pursuits) • ICPD General Order 99-08 (Body Worn Cameras and In -Car Recorders) • ICPD General Order 01-06 (Juvenile Procedures) • ICPD Use of Force Review/Report September • Community Forum Draft Summary Letter • Community Forum Transcription • Potential Proposed Changes - with Patrick Ford Comments • Potential Proposed Changes - DRAFT #3 • Updated Member Contact List • Office Contacts —October 2020 • Complaint Deadline COMMUNITY POLICE REVIEW BOARD TUESDAY, NOVEMEBR 10, 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 hap s://zoom.us'N ebinar/register/WN 7GURRZHBTxvck1euafQRrg 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: 968 0924 9343 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 10/15/20 • Minutes of the special meeting 10/23/20 • ICPD General Order 04-01 (Personnel Early Warning System) • ICPD General Order 99-01 (Police Vehicle Pursuits) • ICPD General Order 99-08 (Body Worn Cameras and In -Car Recorders) • ICPD General Order 01-06 (Juvenile Procedures) • ICPD Use of Force Review/Report September ITEM NO. 3 NEW BUSINESS ITEM NO. 4 OLD BUSINESS • Community Forum - Draft Summary Letter • 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 • December 8, 2020, 5:30 PM, Electronic Zoom Meeting • January 12, 2021, 5:30 PM, Electronic Zoom Meeting • February 9, 2021, 5:30 PM, Electronic Zoom Meeting • March 9, 2021, 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 Ifyou will need disability -related accommodations in order to participate in this program/event, please contact Chris Olney at 319-356-5043, christine-olney@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. III COMMUNITY POLICE REVIEW BOARD MINUTES — October 15, 2020 Electronic Meeting (Pursuant to Iowa Code section ns) An electronic meeting was held because a meeting in person was impossible or impractical due to concerns for the health and safety of board members, staff and the public presented by COVID-19. CALL TO ORDER: Vice -Chair Orville Townsend called the meeting to order at 5:31 p.m. MEMBERS PRESENT: Jerri MacConnell, Latisha McDaniel, Amanda Nichols, David Selmer MEMBERS ABSENT: None STAFF PRESENT: Staff Chris Olney/I<ellie Fruehling, Legal Counsel Patrick Ford STAFF ABSENT: None OTHERS PRESENT: Interim Police Chief Denise Brotherton, City Council Member Janice Weiner RECOMMENDATIONS TO COUNCIL None MOTION TO FIX METHOD OF VOTING Motion by Townsend, seconded by MacConnell to fix the method of voting to be by voice vote. Motion carried, 5/0. NOMINATIONS FOR OFFICE OF CHAIRPERSON Motion by Townsend and seconded by McDaniel to nominate Selmer for Chair. Motion carried, 5/0. Motion by McDaniel and seconded by Townsend to close nominations. Motion carried, 5/0. BALLOT OR VOTE Motion by Townsend and seconded by McDaniel to select Selmer for Chair. Motion carried, 5/0. Vice -Chair Townsend turned meeting over to new Chair Selmer. NOMINATIONS FOR OFFICE OF VICE -CHAIRPERSON Motion by Selmer, seconded by McDaniel to nominate Townsend for Vice -Chair. Motion carried, 5/0. ETiEJ Motion carried, 5/0. BALLOT OR VOTE Motion by McDaniel and seconded by Selmer to select Townsend for Vice -Chair. Motion carried, 5/0. CONSENT CALENDAR Motion by Townsend, seconded by MacConnell, to adopt the consent calendar as presented or amended. • Minutes of the meeting on 09/08/20 • Minutes of the Community Forum on 9/21120 • ICPD Memorandum -Quarterly Summary report IAIR/CPRB, 3'd Qtr 2020 • ICPD Use of Force Review/Report August 2020 • Correspondence from Carol deProsse (x3), Nic Arp, Meredith Chen Selmer mentioned that the quarterly summary report was absent for a while from the packets and getting this information now on a regular basis is extremely helpful. McDaniel agreed that there was a lot of good information. Motion carried, 5/0. NEW BUSINESS None OLD BUSINESS Community Forum Discussion — Townsend noted that the forum went well and was happy with the public participation. Selmer agreed and felt the there was a lot of good comments and feedback. Selmer asked for a volunteer to draft a community forum summary letter. Townsend volunteered and will send draft to staff to include in next meeting packet. Discussion Item No. 8 of Resolution 20-159 (Resolution of Initial City 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) Selmer read the two past member questionnaire responses received summarizing that the CPRB not having the authority to issue subpoenas requiring officers to appear is a limitation hindering the boards ability to be an effective oversight, the CPRB having more information leads to better understanding in making decisions. Townsend suggested that boundaries be set as to what direction the board wants to take on having more power. He felt the board should remain an advisory board and not get into the discipline of an officer. Townsend stated by recommending the board receives information on officer discipline or required training would be a good step-in assuring accountability. Selmer suggested that the board determine what format the report should take and gave two options (1) redline the specific areas of the ordinance to change or (2) a more simplified list of proposals with the boards concerns and comments noted. Nichols stated she liked the idea of doing a blend of those two things, a list but still be specific with details of ordinance changes. McDaniel felt a bulleted list format would be more effective, by keeping the report simple it would Prevent the suggestions from getting lost in all the ordinance language. CPRB October 15, 2020 DRAFT Legal Counsel Ford suggested the board could ask Council Member Weiner for input as to what type of format the Council is expecting from the CPRB's recommendations report. Councilor Weiner stated a high-level report which the board has been talking about would be fine. It would not necessarily need to be specific to changes to the ordinance but could include suggestions as to what powers the board feels would help to make the CPRB be more effective in order to serve the community. After further discussion the board decided to use a report format with a bulleted list of the suggestions including comments and concerns. The board agreed to have a subcommittee of Nichols and McDaniel's compose the new draft list in a simplified bulleted format. Selmer stated he thought this would be a three -meeting process with creating the bulleted list, reviewing and debating the listed items and writing the final report. Selmer asked members if they wanted to request a deadline extension to allow more time for the review and writing of the report as there were only two more meetings before the deadline. Nichols suggested holding a special meeting to allow time for a thorough review of the draft report as she felt it was important for the board to complete the report by the original deadline date of January 1, 2021. The board agreed to keep to the original deadline date and to schedule a tentative special meeting on October 23'd, 6:00 p.m. PUBLIC DISCUSSION None. BOARD INFORMATION Selmer inquired as to the CPRB's board membership requirement of a police officer serving on the board. Legal Counsel Ford stated it is in City Code 8-8-8 paragraph 1: Appointments to the board shall include one current or former "peace officer" as that term is defined by State law, Ford added that the council does have the discretion to waive the requirement. Olney noted this should have been on the previous vacancy announcement notice when Don King's vacancy ended and will make sure to advertise as a requirement on the next vacancy announcement. Selmer questioned if the board was limited to only Iowa City residents serving. Staff stated applicants must reside in Iowa City but Council could waive that requirement for the "peace officer" position. Selmer added he would like to see the board expand to seven members. Selmer suggested adding a discussion on the CPRB having the ability to invite a complainant to an interview after receiving the Chiefs report and prior to the board issuing their public report to the next meeting agenda as new business. Olney stated this discussion could fall under the agenda item old business since its regarding a change to the CPRB. STAFF INFORMATION Olney noted the meeting packet had a vacancy notice for the Ad Hoc Truth and Reconciliation Commission and any member interested in serving should submit their application by November 101'. The packet also included a history of Community Police Review Board report which staff thought would be a useful document. Olney added that filing a complaint to the CPRB was now available on-line at icgov.org on CPRB web page. CPRB October 15, 2020 DRAFT TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subiect to change) • September 23, 2020, 6:00 PM, Special 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 • January 12, 2021, 5:30 PM, Electronic Zoom Meeting Motion by Selmer, seconded by Townsend directing staff to schedule a tentative special meeting for Friday, October 23rd at 6:00 pm. Motion Carried, 5/0. EXECUTIVE SESSION Motion by Nichols, seconded by Townsend to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 510. REGULAR SESSION Returned to open session at 7:45 P.M. Motion by Selmer, seconded by Nichols to set the level of review for CPRB Complaint #20-04 to 8-8-7(B)(1)(a) On the record with no additional investigation. Motion Carried, 5/0. Motion by Townsend, seconded by Nichols to grant extension request to December 15, 2020 for filing of the City/Chief report to CPRB for complaints 20-02, 20-05, 20-06, 20-07, 20-08. Motion Carried, 5/0. ADJOURNMENT Motion for adjournment by Selmer, seconded by Nichols Motion carried, 5/0. Meeting adjourned at 7:49 P.M. COMMUNITY POLICE REVIEW BOARD ATTENDANCE RECORD YEAR 2019-2020 (Meeting Dates 10/8/19 ltr12179 12/10/19 1/Irmo 2/11/20 3/1on9 5/13/20 6/9120 7/1An0 8118/20 918/20 9rzin0 10t1.5n0 NAME FORUM Sam X. O/E O O O O Conaway _ Monique X X X X X X X X Galpin Berri O X X X X X MacConnell Latisha X X X O/E X X O X X X O/E X X McDaniel Amanda X X X X X Nichols David Selmer & X X X X X X X X OlE X X IxOrville X X O/E X X X X X X X XX Townsend KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting --- = Not a Member DRAFT COMMUNITY POLICE REVIEW BOARD SPECIAL MEETING October 23, 2020, 6:00 P.M. 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 board members, staff and the public presented by COVID-19. CALL TO ORDER: Chair David Selmer called the meeting to order at 6:02 P.M. MEMBERS PRESENT: Latisha McDaniel, Amanda Nichols, Orville Townsend MEMBERS ABSENT: Jerri MacConnell STAFF PRESENT: Legal Counsel Patrick Ford and Staff Chris Olney, Kellie Fruehling OTHERS PRESENT: Interim Police Chief Denise Brotherton OLD BUSINESS Discussion Item No. 8 of Resolution 20-159 (Resolution of Initial City 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) Selmer stated the purpose of this special meeting was to discuss what format will be used for the recommendations report to City Council. He would also like to come up with an outline of the next steps to take for completing the report. He asked if members had a chance to review the two different draft formats which were included in the packet. Nichols stated she liked Selmer's format version, McDaniel agreed saying it is a cleaner version and liked how it was broken down. The board agreed to use the draft submitted by Selmer for the report format. Selmer noted there were five highlighted items on the draft list that he questioned if the board already had the power, he asked Legal Counsel Ford to review and report back to the board at the next meeting. Selmer stated he did not want to get into the substance of each proposed line item at this time. He asked the board to review the draft and to individually note on each proposed change if they were in favor of, opposed to, voice any concerns and to include any additional proposals using the same format. Those could then be compiled into one report for the board to debate at the next meeting. The board agreed to send their individual edited proposals to staff for the subcommittee of Nichol's/McDaniel's to compile. Townsend noted he would like for the CPRB to remain an advisory board. He did not see asking for the ability to discipline an officer as an advisory function. He questioned if it would be possible for the CPRB to know the names of the officers in a complaint, in order to track violations. He felt having more access to information would be beneficial to the board. Ford stated it would be a request for an amendment change of state law as officers' records are protected by open records statutes. He advised the board on proposing changes that are outside of what the City Council can grant, noting that some of the changes proposed may fall under State or Federal laws. Nichols stated she did not want to take off a proposed recommendation even if it is not permitted by law and that the City Council has asked the board to propose recommendations for change regardless if permitted or not permitted by law. She thought knowing what falls under a State/Federal law would be helpful information. McDaniel's agreed and stated any hurdles because of legality could be written on the report as a concern. Townsend questioned if the board should ask for changes that they know they cannot have due to state or union laws. Selmer stated the Council has tasked the CPRB with proposing recommendations for change regardless if permitted or not permitted by law. Selmer suggested using Fords legal guidance on reviewing each proposed line item for what powers the board currently has, legality federal/state law hurdles, opinion on legal implications and liability issues if the request is granted. The board agreed to have Ford review each line item and submit a memo to the board. Selmer recapped the next steps are to: 1. Members submit their individual edited proposal list to staff by October 30tn (using the approved format) 2. Sub -committee of Nichols/McDaniel to compile proposed recommendations report (using the approved format) 3. Ford to review proposed recommendations report and submit a memo in the next meeting agenda packet. 4. Board to review and debate recommendations report line by line at next meeting. ADJOURNMENT Motion for adjournment by Selmer, seconded by Townsend Motion carried, 4/0, MacConnell absent. Meeting adjourned at 7:08 P.M. COMMUNITY POLICE REVIEW BOARD ATTENDANCE RECORD YEAR 2019-2020 11/12/19 12119l19 1/14120 2/11120 31ID/20 511212a 4 6N20� 7114/20 Sf18/20 9/Sf20 9/21/2o 0/15/20 la/23/20 NAME FORUM Sam WE O O p O Conaway — Monique X X X X X X X Galpin ._ Mac MacConnell — p X X X X X O/E X X OfE X X O X X X OIE X X X McDaniel McDaniel Amanda Nichols — X X X X X X David Selmer X X X X X X X X O!E X X X X Onille X O(E X X X X X X X X X X X Townsend KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting --- = Not a Member PER-05.1 WA CITY oE,ow4 PERSONNEL EARLY ti y V '< WARNING Sr. POLICE Date of Issue General Order Number February 6, 2004 04-01 Effective Date Section Code October 7, 2020 PER-05 Reevaluation Date Amends/Cancels October2022 C.A.L.E.A. Reference 22.2.3, 35.1.9 1 Personnel Early Warning System INDEX AS: Disciplinary System Personnel Early Warning System Employee Assistance Program Supervisor Responsibilities I. PURPOSE The purpose of this order is to outline the procedures to be used in identifying'potential personnel problems in their initial stages in order to redirect an employee's attions i behavior in a fashion consistent with departmental values and standards. - II. POLICY It is the policy of the Iowa City Police Department to maintain a Personnel E 1� Warning System to provide systematic reviews of specific, significant events involving agency employees. This system is necessary for the Department to exercise its responsibility to evaluate, identify, and assist employees who exhibit signs of performance and/or stress related problems. The Personnel Early Warning System is one method by which employees may be identified as possibly needing assistance with performance and/or stress related problems. The system is intended to serve as a systematic approach to highlight tendencies that may otherwise be overlooked. 4 III. DEFINITIONS Personnel Early Warning System (PEWS) - A time sensitive system designed to effectively organize critical performance and evaluation data in a format conducive to promptly identify early indicators of certain performance and/or stress related problems and to facilitate any necessary or appropriate follow-up activities. IV. PROCEDURES Reporting Requirements A. Supervisors are responsible for reporting on all aspects of their subordinate's conduct and behavior. These reports shall include conduct that is both commendatory and problematic. All conduct and behavior reports shall be submitted to the Watch Commander or Unit Supervisor of the employee whose actions are being reported. a. Supervisors may initiate a PEWS review based on a single "significant" event or based on an on -going pattern(s) of identified behavior(s). B. Reports or forms containing information on selected types of pertinent incidents shall be entered into the Personnel Early Warning System (PEWS). These reports may be in the form of performance evaluations, internal investigations, memoranda, case reports, Reports of Inquiry, exceptional activity reports, or other departmental reports or forms. C. As part of the Department's ongoing evaluation of its employees, supervisors shall continually monitor the actions and behaviors of all employees under their direction. D. The Chief of Police's designee shall maintain and control all records of completed PEWS reviews. - Personnel Early Warning Review A. When the level of significance or frequency of identified incidents is determined to be beyond that which is typically observed, the Watch Commander shall initiate a PEWS review. Any time an employee has a documented accumulation of a total of four (4) separate indicators within a six (6) month period, said employee's name will be placed on a review list for intervention consideration. Only use of force incidents where there is an injury to a suspect or use of a weapon will be considered for this section. This does not preclude consideration of all use of force incidents when considering intervention. PER-05.3 Additionally, the Watch Commander may initiate a PEWS review based on a single significant event as determined by the Watch Commander, or at the direction of a Division Commander or Chief of Police. B. Materials to be evaluated on an ongoing basis to determine whether to initiate a PEWS review include but are not limited to: 1. Internal Affair Investigations; 2. Department performance evaluations; 3. Monthly activity report; 4. Citizen complaints; 5. Disciplinary action; 6. Use of Force incidents; 7. Motor vehicle pursuits; 8. Supervisory and employee reports; 9. Sick usage/officer injury (temp disability) 10. Tardiness; 11. Absenteeism 12. Interference ( Obstruction charges; 13. Assault on officer; 14. Officer injury report; 15. Vehicle accidents; 16. Civil litigation C. The chief of police or their designee shall maintain documentation on the above materials, review them every 6 months and determine the final course of action on all early warning system activations. The course of action may include but not be limited to the following: 1. No further action - the employee's performance is within policy. 2. Mandatory remedial or additional training designed to improve employee's skills and performance. 3. Informal counseling. 4. Supervisory job performance interview. 5. Informal monitoring by FTOs or supervisors. 6. Formal monitoring by FTOs or supervisors with prescribod'reviews and reports. 7. Referral to professional counseling. 8. Mandatory or voluntary referral to the city's employee assistance program (EAP). 9. Substance abuse counseling or treatment. -', 10. Permanent or temporary reassignment. 11. Referral to Peer Support Team D. If the Chief of Police or their designee reasonably believes, after a review of the collected materials, that further review is necessary, they shall PER-05.4 inform the employee's division commander of the findings. The division commander shall assign a supervisor to further review the incidents. E. Once assigned by the division commander, the reviewing supervisor shall schedule a counseling meeting with the employee. The supervisor shall prepare a written summary of the meeting, indicating if further inquiry is warranted and any corrective actions deemed necessary, consistent with General Order 89-02 Disciplinary Philosophy. a. This may be in form of positive discipline such as remedial training or counseling and/or punitive in nature ranging from a verbal reprimand up to and including termination. The summary shall be forwarded to the Chief of Police through the chain of command. The subject employee shall also be provided a copy of the summary of the review. F. Supervisors conducting a review shall have access to department reports, reviews, summaries, and analysis that may aid them in completion of the PEWS review. G. If deemed necessary by the Chief of Police or division commander, a meeting shall be scheduled with the Chief of Police and the employee's division commander to discuss the findings of the review and the recommended course of corrective action. a. This action may be voluntary, for example the employee seeking assistance through the Employee Assistance Program, or department mandated in accordance with the provisions set forth in General Order 89-02 "Disciplinary Philosophy". H. All reviews shall be maintained in the strictest confidence and shall not be discussed with other employees unless it is necessary for completion of the review. All employees made aware of a review shall be informed that unauthorized disclosure of any aspect of the review may.' result in disciplinary action. I. Founded PEWS reviews shall be documented on the employee's next evaluation. J. All PEWS reviews resulting in disciplinary actions above a written warning (i.e. written reprimand, suspension, etc.) shall be sent to Personnel and maintained in the employee's personnel file. Documented Annual Evaluation of the Personnel Early Warning System A. Annually, the Chief of Police or designee shall evaluate the PEWS. This evaluation shall be documented and include: 1. Quality of information entered into the system; 2. Proper utilization of the system; 3. Adherence to department policy; 4. Recommendations of changes to the system, its usage, or department policy. B. The evaluation shall be inclusive of December through November and be completed by February 1 s' of each calendar year. Denise Brotherton, Interim Chief of Police kl fnlN !II. [ei This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of a higher legal standard of safety or care in an evidentiary sense with respect to third -party claims. Violations of this directive will only form the basis for departmental administrative REDLINE VERSION Red highlights are deletions Green highlights are additions PER-05.1 PERSONNEL EARLY WARNING SYSTEM Date of Issue General Order Number February 6, 2004 04-01 Effective Date Section Code October 7, 2020 PER-05 Reevaluation Date Amends/Cancels October2022 C.A.L.EA. Reference 22.2.3, 35.1.9 Personnel Early Warning System INDEXAS: Disciplinary System Personnel Early Warning System Employee Assistance Program Supervisor Responsibilities The purpose of this order is to outline the procedures to be used in identifypg potential personnel problems in their initial stages in order to redirect an employees actions I behavior in a fashion consistent with departmental values and standards. 11. POLICY It is the policy of the Iowa City Police Department to maintain a Personnel Early Warning System to provide systematic reviews of specific, significant events involving agency employees. This system is necessary for the Department to exercise its responsibility to evaluate, identify, and assist employees who exhibit signs of performance and/or stress related problems. The Personnel Early Warning System is one method by which employees may be identified as possibly needing assistance with performance and/or stress related problems. The system is intended to serve as a systematic approach to highlight tendencies that may otherwise be overlooked. PER-05.2 III. DEFINITIONS Personnel Early Warning System (PEWS) - A time sensitive system designed to effectively organize critical performance and evaluation data in a format conducive to promptly identify early indicators of certain performance and/or stress related problems and to facilitate any necessary or appropriate follow-up activities. IV. PROCEDURES Reporting Requirements A. Supervisors are responsible for reporting on all aspects of their subordinate's conduct and behavior. These reports shall include conduct that is both commendatory and problematic. All conduct and behavior reports shall be submitted to the Watch Commander or Unit Supervisor of the employee whose actions are being reported. a. Supervisors may initiate a PEWS review based on a single ,,significant' event or based on an on -going pattem(s) of identified behavior(s). B. Reports or forms containing information on selected types of pertinent incidents shall be entered into the Personnel Early Warning System (PEWS). These reports may be in the form of performance evaluations, internal investigations, memoranda, case reports, Reports of Inquiry, exceptional activity reports, or other departmental reports or forms. C. As part of the Department's ongoing evaluation of its employees, supervisors shall continually monitor the actions and behaviors of all employees under their direction. - ry D. The Chief of Police's designee shall maintain and coritrpl all .records of completed PEWS reviews. r ;a Personnel Early Warning Review A. When the level of significance or frequency of identified incidents is determined to be beyond that which is typically observed, the Watch Commander shall initiate a PEWS review. Any time an employee has a documented accumulation of a total of four (4) separate indicators within a six (6) month period, said employee's name will be placed on a review list for intervention consideration. Only use of force incidents where there is an injury to a suspect or use of a weapon will be considered for this section. This does not preclude consideration of all use of force incidents when considering intervention. PER-05.3 Additionally, the Watch Commander may initiate a PEWS review based on a single significant event as determined by the Watch Commander, or at the direction of a Division Commander or Chief of Police. B. Materials to be evaluated on an ongoing basis to determine whether to initiate a PEWS review include but are not limited to: 1. Internal Affair Investigations; 2. Department performance evaluations; 3. Monthly activity report; 4. Citizen complaints; 5. Disciplinary action; 6. Use of Force incidents; 7. Motor vehicle pursuits; 8. Supervisory and employee reports; 9. Sick usage/officer injury (temp disability) 10. Tardiness; 11. Absenteeism 12. Interference / Obstruction charges; 13. Assault on officer; 14. Officer injury report; 15. Vehicle accidents; 16. Civil litigation C. The chief of police or their designee shall maintain documentation on the above materials, review them every 6 months and determine the final course of action on all early warning system activations. The course of action may include but not be limited to the following: 1. No further action - the employee's performance is within policy. 2. Mandatory remedial or additional training designed to improve employee's skills and performance. 3. Informal counseling. r 4. Supervisory job performance interview. 5. Informal monitoring by FTOs or supervisors. 6. Formal monitoring by FTOs or supervisors with prescribed reviews and reports. ) 7. Referral to professional counseling. 8. Mandatory or voluntary referral to the city's employee assistance program (EAP). 9. Substance abuse counseling or treatment. 10. Permanent or temporary reassignment. 11. Referral to Peer Support Team D. If the Chief of Police or their designee reasonably believes, after a review of the collected materials, that further review is necessary, they shall 1:24 del inform the employee's division commander of the findings. The division commander shall assign a supervisor to further review the incidents. E. Once assigned by the division commander, the reviewing supervisor shall schedule a counseling meeting with the employee. The supervisor shall prepare a written summary of the meeting, indicating if further inquiry is warranted and any corrective actions deemed necessary, consistent with General Order 89-02 Disciplinary Philosophy. a. This may be in form of positive discipline such as remedial training or counseling and/or punitive in nature ranging from a verbal reprimand up to and including termination. The summary shall be forwarded to the Chief of Police through the chain of command. The subject employee shall also be provided a copy of the summary of the review. F. Supervisors conducting a review shall have access to department reports, reviews, summaries, and analysis that may aid them in completion of the PEWS review. G. If deemed necessary by the Chief of Police or division commander, a meeting shall be scheduled with the Chief of Police and the employee's division commander to discuss the findings of the review and the recommended course of corrective action. a. This action may be voluntary, for example the employee seeking assistance through the Employee Assistance Program, or department mandated in accordance with the provisions set forth in General Order 89-02 "Disciplinary Philosophy". H. All reviews shall be maintained in the strictest confidence and shall not be discussed with other employees unless it is necessary for completion of the review. All employees made aware of a review shall be informed that unauthorized disclosure of any aspect of the review may -?result in disciplinary action. I. Founded PEWS reviews shall be documented on the employee's next evaluation. = J. All PEWS reviews resulting in disciplinary actions above a wrii6n warning (i.e. written reprimand, suspension, etc.) shall be sent to Personnel and maintained in the employee's personnel file. - Annual Evaluation of the Personnel Early Warning System A. Annually, the Chief of Police or designee shall evaluate the PEWS. This evaluation shall be - and include: 1. Quality of information entered into the system; 2. Proper utilization of the system; 3. Adherence to department policy; 4. Recommendations of changes to the system, its usage, or department policy. B. The evaluation shall be inclusive of December through November and be completed by February 1 st of each calendar year. Denise Brotherton, Interim Chief of Police V11111 14 � II kqCc3 directive is for departmental use only and does not apply in any criminal or civil eeding. The department policy should not be construed as a creation of a higher standard of safety or care in an evidentiary sense with respect to third -party claims. tions of this directive will only form the basis for departmental administrative OPS-02.1 POLICE VEHICLE PURSUITS I Original Date of Issue General Order Number February 10. 1999 99-01 Effective Date of Reissue Section Code October 7, 2020 1 OPS-02 Reevaluation Date Amends October 2021 Previous version of 99-01 C.A.LEA. Reference 1.2.7, 1.3.2, 41.2.1, 41.2.2, 41.2.3 (see "INDEX AS:") INDEX AS: Use of Force Tire Deflation Devices Vehicle Pursuits Reports 1. PURPOSE It is the purpose of this policy to state the guidelines to be followed during vehicular pursuits. Y II. POLICY: The Iowa City Police Department does not allow vehicle pursuits except in extreme circumstances. The initiation of a pursuit is justified only when, in the officer's judgment, the necessity of immediate appr.'ehension outweighs the level of danger to the officer and public created byI'be pursuit and the pursuit would be allowed by the pursuit matrix contained herein. This evaluation must continue throughout the course of the pursuit by the officer and his/her supervisor. All pursuits will be conducted in strict accordbnce with section 321.231 of the Code of Iowa and all emergency vehicles will utilize both audible and visual signaling devices when engaged in pursuits. OPS-02.2 III. DEFINITIONS 321.231 Authorized emergency vehicles and police bicycles. 1. The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected perpetrator of a felony or in response to an incident dangerous to the public or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section. 2. The driver of any authorized emergency vehicle, may: a. Park or stand an authorized emergency vehicle, irrespective of the provisions of this chapter. b. Disregard laws or regulations governing direction of movement for the minimum distance necessary before an alternative route that conforms to the traffic laws and regulations is available. 3. The driver of a fire department vehicle, police vehicle, or ambulance, or a peace officer riding a police bicycle in the line of duty may do any of the following: a. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation. b. Exceed the maximum speed limits so long as the driver does not endanger life or property. 4. The exemptions granted to an authorized emergency vehicle under subsection 2 and for a fire department vehicle, police vehicle or ambulance as provided in subsection 3 shall apply only when such vehicle is making use of an audible signaling device meeting the requirements of section 321.433, or a visual signaling device approved by the department except that use of an audible or visual signaling device shall not be required when exercising the exemption granted under subsection 3, paragraph "b" of this section when the vehicle is operated by a peace officer, pursuing a suspected violator of the speed restrictions imposed by or pursuant to this chapter, for the purpose of determining the speed of travel of such suspected violator. 5. The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with ;due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of the drivers reckless disregard for the safety of others. tom, NOTE Police bicycles shall be operated in accordance with General Order 00-07 Police Cyclist. The operator of a police bicycle, may, in the line of duty, do any of the following: Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation; Exceed the maximum speed limits so long as the driver does not endanger life or property. OPS-02.3 Pursuit - For this policy, pursuit means chasing a fleeing suspect who is exceeding the posted speed limit or driving in an evasive or unsafe manner. Violent Felony Imminent Threat — For this policy, violent felony imminent threat means a person has used or threatened to use deadly force/inflict serious injury on another or an officer reasonably believes that a person would use deadly force/inflict serious injury against any person unless immediately apprehended. Violent Felony Crimes- For this policy, a violent felony crime is defined as any crime designated as a felony under Iowa law that has as an element of the use, attempted use, or threatened use of physical force against another, or is burglary, arson, or extortion, or otherwise involves conduct that presents a serious potential risk of physical injury to another. Felony Property Crimes- For this policy, felony property crime means any property felony crime. This definition specifically includes (officers shall not pursue) a bank robbery where only a note was displayed, shoplifting related calls where no weapon was displayed, stolen vehicles, and suspected impaired drivers. Serious Injury- For this policy serious injury means bodily injury which does any of the following: creates a substantial risk of death, causes serious permanent disfigurement, causes protracted loss or impairment of the function of any bodily member or organ. iP 11 10101=1 3111N A. Initiation: The pursuing officer must carefully consider the safety of persons and property before engaging in a vehicular pursuit. Some of the factors that should be considered when determining whether to initiate, continue or terminate a vehicular pursuit are: 1. Time of day — high speed pursuits occurring during a time when there is a high level of activity (businesses, schools), are normally more hazardous than those occurring during periods of low activity. 2. Volume of vehicular traffic — pursuits occurring during periods of heavy traffic flow are more hazardous than those occurring at other times. 3. Location of pursuit — pursuits through residential areas or' along streets near or adjacent to schools are normally more hazardous than those in lightly populated areas. > 4. Weather conditions. 5. Road conditions. 6. Speed involved. 7. Nature of the offense — pursuits for persons suspected of involvement in crimes against persons are viewed as more justifiable than those for persons suspected of traffic or other misdemeanor violations or property crimes. However, there shall be no assumption that the commission or suspected commission of a felony constitutes automatic authorization to pursue by vehicle. & The condition of the police vehicle should be considered. 9. Consideration should be given to the driving skills of the pursuing officer. 10. Consideration should be given to whether the offender can be identified and therefore apprehended by other means. B. Officers shall be familiar with and use the following Pursuit Decision Matrix as guidance in determining whether to initiate or continue a pursuit. The Pursuit Decision Matrix is very similar to the Use of Force Continuum as set out in the Department's Use of Force policy. It is a guide designed to assist the officers in their use of discretion and shall be followed when making vehicular pursuit decisions. The degrees of risk associated with vehicular pursuit in specific circumstances are defined as follows: PURSUIT DECISION MATRIX GUIDES LOWER RISK 1. Marked vehicles 2. Straight roads, good surfaces, clear line of sight 3. Few intersections 4. Few or no pedestrians 5. Good weather 6. No hazardous maneuvers by violator 7. Speeds at or less than 20 m.p.h. over the posted limit 8. Officer is calm and in control Lack of special circumstances (i.e., school zones, hospitals, etc.) MODERATE RISK 1. Some intersecting streets (i.e., residential area) 2. Light pedestrian traffic 3. Moderate traffic, little congestion 4. Speeds 20 m.p.h. greater than the posted speed limit 5. Officer generally calm, under control 6. Some hazardous, but not extreme maneuvers (i.e., crossing center line to pass vehicles, sudden lane changes) by the violatgrti HIGH RISK 1. Frequent intersecting streets (i.e., a business district) 2. Poor weather, slippery streets, low visibility 3. Blind curves or intersections, narrow streets 4. Numerous pedestrians 5. Heavy, congested traffic 6. Speed twice the posted speed limit, or greater than 80 m.p.h. 7. Extremely hazardous maneuvers (i.e., driving against oncoming traffic, failing to stop for red lights) by the violator 8. Numerous vehicles in pursuit 9. Officer excited, not in full control of emotions 10. Existence of special circumstances (i.e., school zones, hospitals, etc.) NOTATION The courts have decided that the officer will be judged from the perspective of a reasonable officer on the scene (Graham V. Conner). With this in mind, officers should QPS-02.5 give serious consideration to all of the factors before deciding to initiate a pursuit and continue to evaluate the need to pursue versus terminating the pursuit. PURSUIT DECISION MATRIX NATURE OF LOWER RISK 9K i HIGH RISK OFFENSE VIOLENT FELONY May Pursue. May Pursue. PsK9u�. IMMINENT Continue To Assess Continue To Assess 6 b ks THREAT Risk. Risk. e Discontinue C - rDoNotursue__ _ OR DoNot Pursue Do Not Pursue _ FELONY _ nue Discontinue Discontinue PROPERTY OR OR OR CRIMES Do Not Pursue Do Not Pursue Do Not Pursue MISDEMEANOR Discontinue Discontinue Discontinue OR TRAFFIC OR OR OR VIOLATIONS THAT Do Not Pursue Do Not Pursue Do Not Pursue ARE SAFETY RELATE D-inci udes all OWIs MINOR DO NOT PURSUE DO NOT PURSUE DO NOT PURSUE INFRACTIONS ARE NO RELAI Officers must continually assess the nature of the offense against the risk factors. An officer's response must be consistent with the Pursuit Decision Matrix. C. Notification - When a motor vehicle pursuit is initiated, it shall be immediately reported to the Emergency Communications Operator by the initiating officer. The initial information will include: 1. The reason for the pursuit "} 2. The location, speed, and direction of travel 3. The description of the fleeing vehicle, including license plate number. 4. The number of occupants and description of occupants if observed. 5. The officer will update the information as it becomes available or changes. D. Communication Center Responsibilities - Communications during a pursuit is vital to the safe apprehension of the offender as well as the safety of the officers and bystanders. Emergency communications during pursuits will be conducted according to the established policies and practices of the Joint Emergency Communications Center and currently includes the following: OPS-02.7 1. Immediately upon receiving information that an officer is in pursuit, the ECO will advise all other non -emergency radio traffic to move to another channel and give the pursuing officer priority use of Law 1. The ECO will advise the pursuing officer of any pertinent information concerning the area of the pursuit. 2. Notify a watch commander/supervisor of the pursuit in progress. 3. The ECO shall record on the CAD log all the information furnished by the officer during the pursuit. 4. As long as the pursuit is continued, the ECO will manage the pursuit communications by re -broadcasting transmissions of relevance to other units involved. 5. Contact surrounding agencies and advise them of the pursuit. We do not encourage involvement of other agencies in the pursuit other than for perimeter control and assistance in attempts to identify the violator unless specifically requested otherwise. 6. When the pursuit leaves the city limits, or it is reasonably imminent that it will, the ECO will contact the appropriate law enforcement agency with necessary information. 7. As time permits, the ECO will run vehicle and registered owner information and broadcast pertinent information. E. Supervisory Responsibilities 1. A supervisor shall assume control of all pursuits. This can be accomplished through radio communications. Supervisors will monitor all pursuits and approve any special tactic that will be used. 2. In the event the supervisor initiates the pursuit, they should relinquish that position as soon as another unit becomes available and assume control of the pursuit as specified in subparagraph (1) above. 3. The supervisor's foremost considerations shall be officer and bystander safety, methods of identifying the fleeing suspect, tactics to stop the fleeing vehicle, and coordination of all `officers. 4. Supervisors shall intervene and correct any misuse of police personnel involved in the pursuit. 5. The supervisor may, at any time, order the termination of the pursuit when, in their judgment, the necessity of apprehension is outweighed by the level of danger created by the pursuit. 6. Supervisors shall also assure that sufficient patrol strength is maintained within the city to handle routine calls for service. 7. The supervisor in charge of the incident shall approve any special tactics to stop the vehicle. F. Pursuit Tactics NOTE: Pursuit at high speeds under the best of conditions is an extremely dangerous situation. Any tactic contemplated when high speed is involved, requires advance planning, taking into consideration the factors surrounding the incident at hand. Safety is the foremost consideration. The following are some possible �1 alternatives to consider when determining methods of stopping the fleeing vehicle. 1. Consider alternatives, through radio communication and the assistance of other police officers. A determination should be made as to whether the offender can be identified and apprehended later. 2. Use fuses or traffic cones to set up an apparent roadblock in advance of the pursued vehicle. Remember to clear the road and select a safe location. 3. Use tire deflation devices to bring vehicles to a controlled stop. Prior to deploying tire deflation devices, the officer should use the police radio to notify others of the pending deployment to include location of deployment. 4. Do not use the spotlight focused on the back window of the pursued vehicle. 5. Stationary roadblocks are prohibited 6. Moving roadblocks are prohibited. 7. Ramming is prohibited. 8. Specialized Police Vehicles a) Officers operating unmarked vehicles, equipped with visual and audible signaling devices, may engage in pursuits only when the fleeing vehicle presents an immediate threat to persons or property and then only until a marked unit is available to assume the pursuit, at which point the unmarked will withdraw and serve only in a support role. b) Police vehicles without emergency equipment, i.e., visual or audible signaling devices, SHALL NOT ENGAGE IN PURSUITS with one exception. In those cases where the fleeing vehicle presents an immediate threat of death or serious injury, they may participate until marked police units arrive. 9. Following the Fleeing Vehicle a) All units will be spaced in such a manner to allow time to react to evasive maneuvers of the fleeing vehicle or another police vehicle. b) Officers will not pursue the fleeing vehicle the wrong way on interstate or controlled access roadways, or one way streets, unless specifically authorized to do so by a supervisory officer. 10. Aid to Outside Agencies a) Whenever units of another law enforcement agency are engaged in a pursuit and request assistance from the Department, the requesting agency shall advise the emergency communications center of the nature of the offense and the description of the fleeing vehicle before a police vehicle from the Department joins in the pursuit. If an outside agency contacts an Iowa City officer directly, requesting assistance in a pursuit, it will be the responding X- f officer's responsibility to advise a watch supervisor and communications of the request and the circumstances surrounding it. b) The watch commander/supervisor must approve the request before any action is taken. c) No more than two Iowa City Police Vehicles will actively become involved in a pursuit initiated by an outside agency. This DOES NOT preclude other officers from deploying tire deflation devices, blocking intersections or otherwise assisting the outside agency. d) In instances where a vehicle is pursued by two or more vehicles from an outside agency only one Iowa City Police Vehicle may actively become involved in the pursuit. The operator of this vehicle shall communicate the speed, direction of travel and other information to the Iowa City Emergency Communications Center. 11. Firearms a) Except under the following circumstances, shooting from or at a moving vehicle is prohibited. (1) When an occupant of the fleeing vehicle is utilizing deadly force against the police officer or other persons. (2) As a last resort to prevent death or serious injury to the officer or other person(s). (3) As a last resort to apprehend a person who has just committed a felony resulting in death or serious injury. b) The discharge of firearms shall not be utilized when the circumstances do not provide a high probability of striking the intended target or when there is a substantial risk to the safety of other persons, including risks of causing vehicle accidents. 12. Number of Pursuit Vehicles a) The number of Iowa City Police vehicles actively involved in a pursuit should be limited to two vehicles, a primary unit and a secondary unit. Other officers will be kept informed of the pursuit and should be in a position to assist if the pursuit enters their area of responsibility. b) There will be no caravan of police vehicles attempting to join the pursuit. c) There will be no attempt by officers engaged in the pursuit to pass other units involved in the pursuit unless permission is given by the supervisor in charge of the pursuit. d) Secondary units shall provide backup to the primary unit and may assume the pursuit should the primary unit become disabled. Secondary units should also ensure that communications of pursuit status is maintained. 13. Procedure: Inter -Jurisdictional Pursuits OPS-02.10 a.) An inter -jurisdictional pursuit is a pursuit that is initiated by an Iowa City officer and crosses into another jurisdiction or a pursuit initiated by an outside jurisdiction and crosses into Iowa City. The agency initiating the pursuit shall remain the primary unit and retain command and control over the pursuit. Under normal circumstances, the role of the jurisdiction being entered shall be a support role (e.g. traffic control, stop sticks). When a pursuit is initiated by another agency, officers shall obtain supervisor approval to become actively engaged in the pursuit as the second or subsequent pursuing officer. Only under the most extreme circumstances and only by supervisory approval shall the Iowa City Police Department take command and control or become the primary unit of a pursuit initiated by another agency. b.) Dispatch for the jurisdiction being entered will be notified immediately and a description of known charges will be given. c.) The agency initiating the pursuit shall ensure the jurisdiction being entered is able to monitor radio communications. d.) The jurisdiction being entered has the option to participate in the pursuit or not participate. Iowa City officers and supervisors may terminate their participation in an inter - jurisdictional pursuit at anytime. Communications shall be immediately notified of termination by any unit per the requirements of this policy. e.) The pursuit policy of each law enforcement agency:will be adhered to by their employees, regardless of where the pursuit takes place. g.) No more than four (4) vehicles shall be directly involved in an inter -agency pursuit regardless of the number of agencies involved. If a supervisor becomes aware that more than four (4) police vehicles are actively involved in a pursuit, they shall immediately terminate active participation by Iowa City police units until the total number of police units is four (4). An exception to limiting the Iowa City units may be made by the supervisor if the only Iowa City police unit involved in the pursuit is currently acting as the primary unit. Officers shall also recognize the need to limit the number of pursuing vehicles to four (4). Unless they are the primary unit, officers shall terminate any active involvement if they become aware that the total number of police vehicles involved in the pursuit is more than four (4). Communications shall be OPS-02.11 immediately notified of termination by any unit per the requirements of this policy. V. TERMINATION OF PURSUIT A. Pursuit shall be terminated under any one of the following reasons: 1. A supervisor or higher authority orders the pursuit terminated. 2. Upon the determination of the pursuing officer that, the danger to the officers or others in the area outweighs the necessity for immediate apprehension. 3. The offense is a traffic infraction, misdemeanor or other non-violent felony and the identity of the violator is known. 4. Usual contact is lost or the distance between the officer and the pursued vehicle is so great that further pursuit is futile. 5. The pursuing officer believes that the fleeing vehicle is being operated by a juvenile and the offense constitutes a traffic infraction, misdemeanor, or non-violent felony. 6. When there is an equipment failure involving the emergency lights, siren, radio, brakes, steering or other essential mechanical equipment. B. While not necessarily dictating immediate action, serious and continuing consideration should be given to termination of a pursuit under the following conditions: 1. Environmental factors such as rain, fog or darkness substantially increase the danger of the pursuit. 2. Road conditions are congested by traffic or pedestrians, "such as, at rush hour or in the area of any school. C. The termination of a pursuit does not prohibit following the pursued vehicle while obeying all traffic laws, or remaining in the area to re-initiAte contact if circumstances dictate. VI. REPORTING A. The pursuing officer will forward a written report detailing the pursuit to the Division Commander before completing their tour of duty. The watch supervisor will forward a written report to the Division Commander within 10 days unless an extension is allowed by the Commander of Field Operations. The reports shall include: 1. Evaluation of the circumstances involved. 2. If the initiating officer followed the required procedures. 3. Were there other units involved and did they follow procedures? 4. Did communications perform their responsibilities? 5. Did supervisors perform their responsibilities? 6. Was force used to stop the vehicle, i.e. controlled stopping devices? 7. Were procedures followed regarding termination of pursuits? B. The supervisor of the unit initiating the pursuit shall be responsible for submission of a written analysis and critique of the pursuit through the chain of command to the Chief of Police. The report shall include an evaluation of the pursuit referring to the circumstances and adherence to this policy. C. A vehicular pursuit is deemed a "use of force", hence a Use of Force report must be completed. The "Supervisory Review" needs only to note that a separate pursuit analysis was completed and list any policy violations. D. As a vehicular pursuit is deemed a "use of force", the Department's Use of Force policy and Use of Force continuum apply to vehicular pursuits. E. On an annual basis a documented analysis of all pursuits for the past calendar year shall be completed. This report shall be completed by the Sergeant of Planning and Research and be forwarded to the Chief of Police. The analysis is intended to reveal patterns or trends that indicate training needs and/or policy modifications. [7IIa 11 :MlklIILI Officers shall receive annual training in the use of forcible stopping techniques, i.e. STOP STICK® or any other device/technique authorized by the Chief of Police or designee. Jody Matherly, 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. REDLINE VERSION Red highlights are deletions Green highlights are additions ForIMIJIM POLICE VEHICLE PURSUITS I Original Date of Issue General Order Number February 10, 1999 99-01 Effective Date of Reissue Section Code October 7, 2020 1 OPS-02 Reevaluation Date Amends October 2021 1 Previous version of 99-01 C.A.L.E.A. Reference 1.2.7, 1.3.2, 41.2.1, 41.2.2, 41.2.3 see "INDEX AS:" INDEX AS: Use of Force Tire Deflation Devices Vehicle Pursuits Reports I. PURPOSE It is the purpose of this policy to state the guidelines to be followed duririg vehicular pursuits. -r II. POLICY: The Iowa City Police Department does not allow vehicle pursuits except in extreme circumstances. The initiation of a pursuit is justified only when, in the officer's judgment, the necessity of immediate apprehension outweighs the level of danger to the officer and public created by the pursuit and the pursuit would be allowed by the pursuit matrix contained herein. This evaluation must continue throughout the course of the pursuit by the officer and his/her supervisor. All pursuits will be conducted in strict accordance with section 321.231 of the Code of Iowa and all emergency vehicles will utilize both audible and visual signaling devices when engaged in pursuits. OPS-02.2 III. DEFINITIONS 321.231 Authorized emergency vehicles and police bicycles. 1. The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected perpetrator of a felony or in response to an incident dangerous to the public or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section. 2. The driver of any authorized emergency vehicle, may: a. Park or stand an authorized emergency vehicle, irrespective of the provisions of this chapter. b. Disregard laws or regulations governing direction of movement for the minimum distance necessary before an alternative route that conforms to the traffic laws and regulations is available. 3. The driver of a fire department vehicle, police vehicle, or ambulance, or a peace officer riding a police bicycle in the line of duty may do any of the following: a. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation. b. Exceed the maximum speed limits so long as the driver does not endanger life or property. 4. The exemptions granted to an authorized emergency vehicle under subsection 2 and for a fire department vehicle, police vehicle or ambulance as provided in subsection 3 shall apply only when such vehicle is making use of an audible signaling device meeting the requirements of section 321.433, or a visual signaling device approved by the department except that use of an audible or visual signaling device shall not be required when exercising the exemption granted under subsection 3, paragraph "b"..of this section when the vehicle is operated by a peace officer, pursuing a suspected violator of the speed restrictions imposed by or pursuant to this chapter, for the purpose of determining the speed of travel of such suspected violator. 5. The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of the driver's reckless disregard for the safety of others. NOTE Police bicycles shall be operated in accordance with General Order 00-07 Police Cyclist. The operator of a police bicycle, may, in the line of duty, do any of the following: Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation; Exceed the maximum speed limits so long as the driver does not endanger life or property. Pursuit - For this policy, pursuit means chasing a fleeing suspect who is exceeding the posted speed limit or driving in an evasive or unsafe manner. Violent Felony Imminent Threat — For this policy, violent felony imminent threat means a person has used or threatened to use deadly force/inflict serious injury on another or an officer reasonably believes that a person would use deadly force/inflict serious injury against any person unless immediately apprehended. Violent Felony Crimes- For this policy, a violent felony crime is defined as any crime designated as a felony under Iowa law that has as an element of the use, attempted use, or threatened use of physical force against another, or is burglary, arson, or extortion, or otherwise involves conduct that presents a serious potential risk of physical injury to another. Felony Property Crimes- For this policy, felony property crime means any property felony crime. This definition specifically includes (officers shall not pursue) a bank robbery where only a note was displayed, shoplifting related calls where no weapon was displayed, stolen vehicles, and suspected impaired drivers. Serious Injury- For this policy serious injury means bodily injury which does any of the following: creates a substantial risk of death, causes serious permanent disfigurement, causes protracted loss or impairment of the function of any bodily member or organ. IV. PROCEDURES A. Initiation: The pursuing officer must carefully consider the safety of persons and property before engaging in a vehicular pursuit. Some of the factors that should be considered when determining whether to initiate, continue or terminate a vehicular pursuit are: 1. Time of day — high speed pursuits occurring during a time when there is a high level of activity (businesses, schools), are normally more hazardous than those occurring during periods of low activity. 2. Volume of vehicular traffic — pursuits occurring during periods of heavy traffic flow are more hazardous than those occurring at other times. 3. Location of pursuit — pursuits through residential areas or along streets near or adjacent to schools are normally more hazardous than those in lightly populated areas. 4. Weather conditions. 5. Road conditions. Speed involved. Nature of the offense — pursuits for persons suspected of involvement in crimes against persons are viewed as more justifiable than those for persons suspected of traffic or other misdemeanor violations or property crimes. However, there shall be no assumption that the commission or suspected commission of a felony constitutes automatic authorization to pursue by vehicle. The condition of the police vehicle should be considered. Consideration should be given to the driving skills of the pursuing officer. OPS-02.4 10. Consideration should be given to whether the offender can be identified and therefore apprehended by other means. B. Officers shall be familiar with and use the following Pursuit Decision Matrix as guidance in determining whether to initiate or continue a pursuit. The Pursuit Decision Matrix is very similar to the Use of Force Continuum as set out in the Department's Use of Force policy. It is a guide designed to assist the officers in their use of discretion and shall be followed when making vehicular pursuit decisions. The degrees of risk associated with vehicular pursuit in specific circumstances are defined as follows: PURSUIT DECISION MATRIX GUIDES LOWER RISK 1. Marked vehicles 2. Straight roads, good surfaces, clear line of sight 3. Few intersections 4. Few or no pedestrians 5. Good weather 6. No hazardous maneuvers by violator 7. Speeds at or less than 20 m.p.h. over the posted limit 8. Officer is calm and in control 9. Lack of special circumstances (i.e., school zones, hospitals, etc.) MODERATE RISK 1. Some intersecting streets (i.e., residential area) 2. Light pedestrian traffic 3. Moderate traffic, little congestion 4. Speeds 20 m.p.h. greater than the posted speed limit 5. Officer generally calm, under control 6. Some hazardous, but not extreme maneuvers (i.e., crossing center line to pass vehicles, sudden lane changes) by the violator. HIGH RISK 1. Frequent intersecting streets (i.e., a business district) 2. Poor weather, slippery streets, low visibility 3. Blind curves or intersections, narrow streets 4. Numerous pedestrians 5. Heavy, congested traffic 6. Speed twice the posted speed limit, or greater than 80 m.p.h. 7. Extremely hazardous maneuvers (i.e., driving against oncoming traffic, failing to stop for red lights) by the violator 8. Numerous vehicles in pursuit 9. Officer excited, not in full control of emotions 10. Existence of special circumstances (i.e., school zones, hospitals, etc.) NOTATION The courts have decided that the officer will be judged from the perspective of a reasonable officer on the scene (Graham V. Conner). With this in mind, officers should OPS-02.5 give serious consideration to all of the factors before deciding to initiate a pursuit and continue to evaluate the need to pursue versus terminating the pursuit. OPS-02.6 NATURE OF LOWER RISK OFFENSE VIOLENT FELONY May Pursue. ay Pursue. IMMINENT Continue To Assess ontinue To Assess THREAT Risk. !Risk. "VIOLENT FELONY Discontinue Discontinue CRIMES OR OR OR Do Not Pursue Do Not Pursue Do Not Pursue FELONY Discontinue Discontinue Discontinue PROPERTY OR OR OR CRIMES Do Not Pursue Do Not Pursue Do Not Pursue MISDEMEANOR Discontinue Discontinue Discontinue OR TRAFFIC OR OR OR VIOLATIONS THAT Do Not Pursue Do Not Pursue Do Not Pursue ARE SAFETY RELATED -includes all owls MINOR DO NOT PURSUE _ DO NOT PURSUE DO NOT PURSUE RACTIONS T ARE NQ Officers must continually assess the nature of the offense against the risk factors. An officer's response must be consistent with the Pursuit Decision Matrix. C. Notification - When a motor vehicle pursuit is initiated, it shall be immediately reported to the Emergency Communications Operator by the initiating officer. The initial information will include: 1. The reason for the pursuit 2. The location, speed, and direction of travel 3. The description of the fleeing vehicle, including license plate number. 4. The number of occupants and description of occupants if observed. 5. The officer will update the information as it becomes available or changes. D. Communication Center Responsibilities - Communications during a pursuit is vital to the safe apprehension of the offender as well as the safety of the officers and bystanders. Emergency communications during pursuits will be conducted according to the established policies and practices of the Joint Emergency Communications Center and currently includes the following: OPS-02.7 1. Immediately upon receiving information that an officer is in pursuit, the ECO will advise all other non -emergency radio traffic to move to another channel and give the pursuing officer priority use of Law 1. The ECO will advise the pursuing officer of any pertinent information concerning the area of the pursuit. 2. Notify a watch commander/supervisor of the pursuit in progress. 3. The ECO shall record on the CAD log all the information furnished by the officer during the pursuit. 4. As long as the pursuit is continued, the EGO will manage the pursuit communications by re -broadcasting transmissions of relevance to other units involved. 5. Contact surrounding agencies and advise them of the pursuit. We do not encourage involvement of other agencies in the pursuit other than for perimeter control and assistance in attempts to identify the violator unless specifically requested otherwise. 6. When the pursuit leaves the city limits, or it is reasonably imminent that it will, the ECO will contact the appropriate law enforcement agency with necessary information. 7. As time permits, the ECO will run vehicle and registered owner information and broadcast pertinent information. E. Supervisory Responsibilities 1. A supervisor shall assume control of all pursuits. This can be accomplished through radio communications. Supervisors will monitor all pursuits and approve any special tactic that will be used. 2. In the event the supervisor initiates the pursuit, they should relinquish that position as soon as another unit becomes available and assume control of the pursuit as specified in subparagraph (1) above. 3. The supervisor's foremost considerations shall be officer and bystander safety, methods of identifying the fleeing suspect, tactics to stop the fleeing vehicle, and coordination of all officers. 4. Supervisors shall intervene and correct any misuse of police personnel involved in the pursuit. 5. The supervisor may, at any time, order the termination of the pursuit when, in their judgment, the necessity of apprehension is outweighed by the level of danger created by the pursuit:' 6. Supervisors shall also assure that sufficient patrol strength is maintained within the city to handle routine calls for service. 7. The supervisor in charge of the incident shall approve any special tactics to stop the vehicle. F. Pursuit Tactics NOTE: Pursuit at high speeds under the best of conditions is an extremely dangerous situation. Any tactic contemplated when high speed is involved, requires advance planning, taking into consideration the factors surrounding the incident at hand. Safety is the foremost consideration. The following are some possible alternatives to consider when determining methods of stopping the fleeing vehicle. 1. Consider alternatives, through radio communication and the assistance of other police officers. A determination should be made as to whether the offender can be identified and apprehended later. 2 Use fuses or traffic cones to set up an apparent roadblock in advance of the pursued vehicle. Remember to clear the road and select a safe location. 3. Use tire deflation devices to bring vehicles to a controlled stop. Prior to deploying tire deflation devices, the officer should use the police radio to notify others of the pending deployment to include location of deployment. 4. Do not use the spotlight focused on the back window of the pursued vehicle. 5. Stationary roadblocks are prohibited 6. Moving roadblocks are prohibited. 7. Ramming is prohibited. 8. Specialized Police Vehicles a) Officers operating unmarked vehicles, equipped with visual and audible signaling devices, may engage in pursuits only when the fleeing vehicle presents an immediate threat to persons or property and then only until a marked unit is available to assume the pursuit, at which point the unmarked will withdraw and serve only in a support role. b) Police vehicles without emergency equipment, i.e., visual or audible signaling devices, SHALL NOT ENGAGE IN PURSUITS with one exception. In those cases where the fleeing vehicle presents an immediate threat of death or serious injury, they may participate until marked police units arrive. 9. Following the Fleeing Vehicle a) All units will be spaced in such a manner to allow. time to react to evasive maneuvers of the fleeing vehicle or another police vehicle. b) Officers will not pursue the fleeing vehicle the wrong way on interstate or controlled access roadways, or one way streets, unless specifically authorized to do so by a supervisory officer. 10. Aid to Outside Agencies a) Whenever units of another law enforcement agency are engaged in a pursuit and request assistance from the Department, the requesting agency shall advise the emergency communications center of the nature of the offense and the description of the fleeing vehicle before a police vehicle from the Department joins in the pursuit. If an outside agency contacts an Iowa City officer directly, requesting assistance in a pursuit, it will be the responding OPS-02.9 officer's responsibility to advise a watch supervisor and communications of the request and the circumstances surrounding it. b) The watch commander/supervisor must approve the request before any action is taken. c) No more than two Iowa City Police Vehicles will actively become involved in a pursuit initiated by an outside agency. This DOES NOT preclude other officers from deploying tire deflation devices, blocking intersections or otherwise assisting the outside agency. d) In instances where a vehicle is pursued by two or more vehicles from an outside agency only one Iowa City Police Vehicle may actively become involved in the pursuit. The operator of this vehicle shall communicate the speed, direction of travel and other information to the Iowa City Emergency Communications Center. 11. Firearms a) Except under the following circumstances, shooting from or at a moving vehicle is prohibited. (1) When an occupant of the fleeing vehicle is utilizing deadly force against the police officer or other persons. (2) As a last resort to prevent death or serious injury to the officer or other person(s). (3) As a last resort to apprehend a person who has just committed a felony resulting in death or serious injury. b) The discharge of firearms shall not be utilized when the circumstances do not provide a high probability of striking the intended target or when there is a substantial risk to the safety of other persons, including risks of causing vehicle accidents. 12. Number of Pursuit Vehicles a) The number of Iowa City Police vehicles actively involved in a pursuit should be limited to two vehicles, a primary unit and a secondary unit. Other officers will be kept informed of the pursuit and should be in a position to assist if the pursuit enters their area of responsibility. b) There will be no caravan of police vehicles attempting to join the pursuit. c) There will be no attempt by officers engaged in the,pursuit to pass other units involved in the pursuit unless permission is given by the supervisor in charge of the pursuit. d) Secondary units shall provide backup to the primary unit and may assume the pursuit should the primary unit become disabled. Secondary units should also ensure that communications of pursuit status is maintained. OPS-02.10 Iowa City. The agency initiating the pursuit shall remain the primary unit and retain command and control over the pursuit. Under normal circumstances, the role of the jurisdiction being entered shall be a support role (e.g. traffic control. stop sticks). When a pursuit is initiated by another ardency, officers shall obtain supervisor app me actively engaged in the pursuit as the seco subsequent pursuing onicer. Oniy under the e circumstances and only by supervisory approval shall the Iowa City Police Department take command and control or die agency initiating the ptrensure the jurisdiction, being entered is able to monitor radio communications. d.j The jurisdiction being entered has the option to participate in the pursuit or not participate. Iowa City officers and supervisors may terminate their participation in an inter - jurisdictional pursuit at any time. Communications shall be immediately notified of termination by any unit per the requirements of this policy. e.) The pursuit policy of each law enforcement agency will be adhered to by their emptoyees. regardless of where the pursuit takes place. more than four (4) vehicles shall be directly involved in inter -agency pursuit regardless of the number of agencies involved. If a supervisor becomes aware that more than four (4) police vehicles are actively involved in a pursuit, they shall immediately terminate active participation by Iowa City police units until the total number of police units is four (4). An exception to limiting the Iowa City units may be made by the supervisor if the only Iowa City police unit involved in the pursuit is currently acting as the primary unit. Officers shall also recognize the need to limit the number of pursuing vehicles to four (4). Unless they are the primary unit, officers shall terminate any active involvement if they become aware that the total number of police vehicles involved in the pursuit is more than four (4). Communications shall be OPS-02.11 V. TERMINATION OF PURSUIT A. Pursuit shall be terminated under any one of the following reasons: 1. A supervisor or higher authority orders the pursuit terminated. 2. Upon the determination of the pursuing officer that, the danger to the officers or others in the area outweighs the necessity for immediate apprehension. 3. The offense is a traffic infraction, misdemeanor or other non-violent felony and the identity of the violator is known. 4. Visual contact is lost or the distance between the officer and the pursued vehicle is so great that further pursuit is futile. 5. The pursuing officer believes that the fleeing vehicle is being operated by a juvenile and the offense constitutes a traffic infraction, misdemeanor, or non-violent felony. 6. When there is an equipment failure involving the emergency lights, siren, radio, brakes, steering or other essential mechanical equipment. B. While not necessarily dictating immediate action, serious and continuing consideration should be given to termination of a pursuit under the following conditions: 1. Environmental factors such as rain, fog or darkness substantially increase the danger of the pursuit. 2. Road conditions are congested by traffic or pedestrians, such as, at rush hour or in the area of any school. C. The termination of a pursuit does not prohibit following the pursued vehicle while obeying all traffic laws, or remaining in the area to re -initiate contact if circumstances dictate. A. The pursuing officer will forward a written report detailing the pursuit to the Division Commander before completing their tour of duty. The watch supervisor will forward a written report to the Division Commander within 10 days unless an extension is allowed by the Commander of Field Operations. The reports shall include: 1. Evaluation of the circumstances involved. 2. If the initiating officer followed the required procedures. 3. Were there other units involved and did they follow procedures? 4. Did communications perform their responsibilities? 5. Did supervisors perform their responsibilities? 6. Was force used to stop the vehicle, i.e. controlled stopping devices? 7. Were procedures followed regarding termination of pursuits? OPS-02.12 B. The supervisor of the unit initiating the pursuit shall be responsible for submission of a written analysis and critique of the pursuit through the chain of command to the Chief of Police. The report shall include an evaluation of the pursuit referring to the circumstances and adherence to this policy. C. A vehicular pursuit is deemed a "use of force", hence a Use of Force report must be completed. The "Supervisory Review" needs only to note that a separate pursuit analysis was completed and list any policy violations. D. As a vehicular pursuit is deemed a "use of force", the Departments Use of Force policy and Use of Force continuum apply to vehicular pursuits. E. On an annual basis a documented analysis of all pursuits for the past calendar year shall be completed. This report shall be completed by the Sergeant of Planning and Research and be forwarded to the Chief of Police. The analysis is intended to reveal patterns or trends that indicate training needs and/or policy modifications. VII. TRAINING Officers shall receive annual training in the use of forcible stopping techniques, i.e. STOP STICK® or any other device/technique authorized by the Chief of Police or designee. Jody Matherly, Chief of Police WARNING This directive is for departmental use only and does not apply in any crimihal 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. s M ! w k 0 k I • Original Date of Issue General Order Number July 30, 1999 gg.08 Effective Date of Reissue Section Code October 7, 2020 1 OPS-12 Reevaluation Date Amends October 2023 OPS-12 Previous Version (2013) C.A.L. E.A. Reference 41.3.8 (see "INDEX AS:") INDEX AS: Use of Force Internal Investigations Evidence Evaluations Traffic Stops Recording Devices In -car Recorders Body Worn Cameras (BWC) The purpose of this policy is to identify when recording devices should be used and procedures to be followed when using the recording equipment. Note: this policy specifically does not govern nor apply to covert operations and any related recordings. 11. POLICY It is the policy of the Iowa City Police Department that all members serving a patrol or investigative function, to include road CSOs and Animal Control Officers, be required to use recording devices to collect evidence and document interactions between officers and the public. Only approved equipment will be used by department members and usage shall comply with the manufacturer's instructions. All videos are the property of the Iowa City Police Department. Any distribution of a video or portion of a video shall only be done with the authorization of the Chief of Police or his/her designee. The unauthorized playing or copying of any video is prohibited. OPS-12.2 III. DEFINITIONS Audio/video recording equipment consists of: In -car recorders to include a camera, recorder, flashcard and LCD Display. These units are within the vehicle. 2. Body worn cameras (BWC) of a type selected and issued by the Department, are cameras worn on an individual officer's person that record and store audio, video and metadata evidence. IV. PROCEDURES The Iowa City Policy Department has adopted the use of the BWC and in -car recorders to accomplish several objectives. The primary objectives are as follows: 1. BWCs and in -car recorders allow for accurate documentation of police - public contacts, arrests, and critical incidents. They also serve to enhance the accuracy of officer reports and testimony in court. 2. Audio and video recordings also enhance the Iowa City Police Department's ability to review probable cause for arrest, officer and suspect interaction, and evidence for investigative and prosecutorial purposes and to provide additional information for officer evaluation and training. 3. The BWC and in -car recorders may also be useful in documenting crime and accident scenes or other events that include the confiscation and documentation of evidence or contraband. The Commander of Administrative Services or his/her designee will supervise the use, storage, duplication and erasing of the material recorded by members of this department. ; If an officer notices that there is a problem with the equipment, he/she shall notify a watch supervisor. The watch supervisor will forward notification of the problem or malfunction to the Commander of Administrative Services or his/her designee. Only persons trained in the servicing of audio/visual equipment will service the equipment. Any defective unit will not be used, and when practical, will be removed from service until repaired. If an employee who is not trained in the use of the in -car recorder is assigned to a vehicle containing one, they should notify a supervisor. The supervisor shall then assign identity to that portion of the video not identified. Officers are not required to inform the person(s) that the recording equipment is in use, however, it may be advantageous to do so to de-escalate a situation and possibly reduce the need to use force. People generally are on their best behavior when they know they are being recorded. Officers shall disclose the use of a video recorder upon inquiry OPERATION OF THE RECORDING APPARATUS In -car Recording Apparatus Officers shall log into the in -car recorder at the beginning of their shift and synch their BWC to the vehicle. Officers shall inspect and test the in -car recording system prior to each shift to verify proper functioning and shall notify their supervisor of any problems. If another squad car is available with a working in -car recording device officers shall utilize that vehicle for their watch. In -car audio/visual recording units will be installed such that they are activated when: 1. turning on emergency lights 2. turning on siren 3. manual activation by pushing the ® record button 4. manual activation by activating a synched BWC 5. excessive speed with no lights or siren All traffic stops shall be recorded in their entirety -including when the citation is being written. Officers should, to the extent possible, use the recording equipment to document the administration of field sobriety tests, remembering that their top priority is safety. In addition to traffic stops officers shall manually activate their recording equipment on calls for service and on self -initiated field activity if it involves an encounter with a person. Officers, if able, shall activate the in -car recorder system immediately upon being involved in a motor vehicle crash. It is.. recommended that officers consider activating the in -car recorder system when responding to calls -for -service where video capture of persons/vehicles leaving the scene of incidents has investigative value. Once a recording unit has been activated it shall only be stopped when the incident in question is concluded unless allowed under this policy. When a recording is going to be made inside the Department by one of the OWI or interview room cameras the BWC and in -car system may be stopped if interior recordings are initiated. When leaving the Department, if still in the presence of the person, the in -car recorder shall be reactivated during transport of any person. When stopping a video recording it should whenever possible be done from the in -car recorder to allow classification to synch to the BWC as well. It is mandatory to give each video a classification at time of stopping the video. Officers shall be as accurate as possible when classifying videos to achieve required retention. Officers can choose from the list below in the vehicle when classifying a video OPS-12.4 Video Classifications Retention Length 1-equipment check 365 days 2-No CFS 365 days 3- Parking/motorist assist 365 days 4- Warning 365 days 5- CFS / no report 365 days 6- Accident 365 days 7- OWI 730 days 8-CFS / Report 365 days 9- Citation 365 days 10- Use of Force 730 days 11- Arrest 730 days 12- Robbery 730 days 13- Assault 730 days 14- Domestic 730 days 15- Death Investigation indefinite Upon completion of a recorded event which results in an arrest the Officer shall use the CFS# classification to associate the call for service number associated to the video files. This shall be done by all responding officers. Use of video classification and CFS# entry applies only to events managed with in vehicle recorders. Body Worn Cameras (BWC) BWC's that are properly synched to an in -car device will automatically start when the in -car recorder is activated. The BWC will also start an in -car recorder when initiating a recording. All patrol cars shall be equipped with an auxiliary charging device for the BWC. When responding to a call for service officers shall activate the BWC prior to arriving on scene or at the first opportunity to safely do so. Additionally, officers shall activate the BWC at the initiation of any other law enforcement action, including parking enforcement even if there is no interaction with the public, or investigative encounter between a police officer and the public to include: Stops (including traffic stops), frisks, searches, arrests, consensual interviews and searches, enforcement actions of all kinds and any encounter that becomes in any way hostile or confrontational. The BWC shall be activated when a firearm is used to destroy an animal. Exceptions to this requirement include interviews with victims of sexual assault, domestic abuse, or other sensitive crimes, or the recording of witnesses who are concerned about retaliation if they are seen as cooperating with the police. Officers' may also use their discretion during routine and casual situations such as officers on foot or bike patrol who wish to converse with neighborhood OPS-12.5 residents and where turning on a video camera could make the encounter seem officious and may make the person reluctant to speak with the officer. Officers may also deactivate their BWC during the following types of situations: In locations where individuals have a reasonable expectation of privacy, such as a residence, they may decline to be recorded unless the recording is being made pursuant to an arrest or search of the residence or the individuals or other enforcement action is occurring in such a location. The BWC shall remain activated until the event is completed to ensure the integrity of the recording unless the contact moves into an area restricted by this policy. Once an officer has finished investigating a collision and the involved parties have been released, the officer may deactivate the BWC prior to clearing the call to complete any paperwork. If an officer responds to assist with traffic control at the scene of a collision, fire or similar incident, the officer may deactivate the BWC when there is no interaction with persons or that interaction has ended. Other calls where there is no further interaction with persons or that interaction has ended, for example, an OWI investigation where the person has been taken to jail or otherwise released and the officer still has additional paperwork. When a recording is going to be made inside the Department by one of the OWI or interview room cameras, officers shall only deactivate their BWC after the appropriate room video system has been activated to avoid any lapses in recording. When leaving the Department, if still in the presence of the person, the BWC shall be reactivated prior to deactivating the OWI and interview room cameras to avoid any lapses in recording. If at any point during these types of calls any of the previously listed situations occur where a BWC is required, the BWC shall be reactivated. The above list is to serve as a guide and is not intended to be all inclusive. If in doubt, record it. If an officer fails to activate the BWC, fails to record the entire contact, or interrupts the recording, the officer shall document why a recording was not made, was interrupted, or was terminated. This is to include muting the audio. A brief statement in the recorder prior to the interruption shall be sufficient documentation. If an officer's BWC needs to be replaced during their watch for any reason, the patrol supervisor will use the WatchGuard Kiosk application to check out another camera for them to use. X ' ; Procedures for BWC Use Officers shall inspect and test the BWC prior to each shift to verify proper functioning and shall notify their supervisor of any problems. Officers who are assigned BWC equipment shall use the equipment unless otherwise authorized by supervisory personnel. Police personnel shall use only BWCs issued by this department. The BWC equipment and all data, images, video, and metadata captured, recorded, or otherwise produced by the equipment is the sole property of the agency. Police personnel who are assigned BWCs must complete an agency approved and/or provided training program to ensure proper use and operations. Additional training may be required at periodic intervals to ensure the continued effective use and operation of the equipment, proper calibration and performance, and to incorporate changes, updates, or other revisions in policy and equipment. BWC equipment is the responsibility of individual officers and will be used with reasonable care to ensure proper functioning. Equipment failure or malfunctions shall be brought to the attention of the employee's supervisor as soon as possible so that a replacement unit may be procured. A radio log shall be made indicating that the camera is not functioning when it is first known. Employees must report back to the station for a replacement unless unable to because of an emergent call for service. If an employee is unable to come back to the station for a replacement due to an emergent situation then every attempt should be made to have a backup officer on scene with a working camera. The BWC shall be worn on the officer's chest with clear view to the front (not blocked by clothing or other equipment) and properly oriented. Procedures for Both In -car Recorder and BWC Use Officers shall not edit, alter, erase, duplicate, copy, share, or otherwise'distribute recordings in any manner without prior written authorization and approval of the Chief of Police or his or her designee. Officers are encouraged to inform their supervisor of any recordings that may be of value for training purposes. Requests for deletion of portions of the recordings (e.g., in the event of a personal recording) must be submitted in writing and approved by the Chief of Police or his or her designee. All requests and final decisions shall be kept on file. Officers shall note in their incident, arrest, and related reports when recordings were made during the incident in question. However, BWC recordings are not a replacement for written reports. OPS-12.7 Restrictions on Using the In -car Recorder or BWC In -car recorders and BWCs shall be used only in conjunction with official law enforcement duties and shall not be used to record the following: • Encounters with undercover officers or confidential informants. • When on break or otherwise engaged in personal activities. • Communications with other police personnel without the permission of the Chief of Police. • Unless in the scope of officers' official duties and with an articulable reason, officers will not use the in -car recorder or BWCs in any location where individuals have a reasonable expectation of privacy, such as a restroom or locker room. Record After -The -Fact The new recording system has the capability of running in a continuous record, However, this feature has been disabled on the body worn devices, the only time any recording will be captured on a body worn device is when the recording is activated by the front button, or when initiated by a synched in car recording device. This is to maintain a level of privacy for those wearing body worn devices and to prevent excessive drain on battery life. If at some point this feature is to be used it will be by directive of the Chief of Police and appropriate notification will be sent to all users prior to the change. Record after the fact will be functional and running on all patrol vehicle recorders, this will be used in case of major incident or investigation that has cause to believe the patrol vehicle may have been in an area and captured footage of an event or pre/post event footage when a car recorder was not in the record state. Officers should be aware that all patrol vehicle records have this feature and are always in record state, however only videos that are event initiated are ever exported to the system for playback. Any video captured after the fact, as well as the 1 min pre -record on all videos, have no audio associated with them as it is only video playback. If a recording of value is found on a recorder it can be changed to an event and exported to the system for saving and further viewing. Storage and Release All files shall be securely downloaded periodically and no later than the end of each shift. Each file shall contain information related to the date, in -car recorder or BWC identifier, and assigned officer. All images and sounds recorded by the in -car recorder or BWC equipment are the exclusive property of the Iowa City Police Department. Accessing, copying, or releasing files for non -law enforcement purposes is strictly prohibited. All access to in -car recorder or BWC files must be specifically authorized by the Chief of Police or their designee, and all access is to be logged and available for audit to ensure that only authorized users are accessing the data for legitimate and authorized purposes. VIDEO RETENTION Proper classification of videos will determine how long a video is retained. If an improper classification is made for a series of recordings they can be reclassified through the software interface. Refer to section on video classification for standard retention lengths. If a video is part of a major case that will require longer or permanent retention disk copy of all video should be requested and submitted to evidence by responsible officer or detective. VIDEO ACCESS PERMISSIONS Supervisors will have access to view all videos. Investigation users have view only access to all videos. All officers will have access to view their own video and recordings from the intox area. SUPERVISOR RESPONSIBILITIES Supervisors shall review in -car and BWC recordings for all involved employees for use of force incidents and complaints. Documentation of these reviews will be logged on the prescribed form (Appendix A). Supervisors that discover an incident where an in -car or BWC recording device was not activated or improperly shut off shall complete a report of inquiry form (ROI) and forward to the captain of field operations. The supervisor shall include if there was'sufficient time for the activation of a device. If an in -car or BWC recording was not activated where there was sufficient time to do so or improperly shut off a report of inquiry shall be completed and forwarded to command staff for review. On a monthly basis, supervisors will review at least one in -car and one BWC recording of each employee under their supervision to ensure that the equipment is operating properly and that officers are using the devices appropriately and in accordance with policy and to identify any areas in which additional training or guidance is required. Where possible video review should be of the same incident to ensure the system is synching as it is designed. By the 15'h of each month each Watch Commander, Lieutenant of Investigations and Animal Control OPS-12.9 Supervisor, shall forward to the Commander of Field Operations the information on the prescribed form (Appendix A) from the previous month. Supervisors shall be trained in the use of in -car cameras and body worn camera and of their duty and responsibilities as it pertains to this policy. COMMAND STAFF RESPONSIBILITIES The captain of field operations shall maintain a record of incidents where employees did not activate an in -car or BWC recording device or improperly shut off a recording device in violation of this policy and monitor for repeats from the same employee. By March 1 st of each year the captain of field operations will submit an annual report to the city manager's office and Community Police Review Board from the previous year on compliance with this general order. This report should contain summary of the results of the monthly supervisory checks, Use of Force checks and all checks generated from internal affairs investigations. Media Card Control Normally, video for the in -car recorders is downloaded wirelessly through a secured wireless connection. In the case of failure of that system, the video files will need to be downloaded manually. In -car recorder videos are captured on USB drives on a recorder located in each vehicle. The USB drives shall only be removed by a supervisor who will remove the USB drive and upload the files. The same USB drive must go back into the car it was removed from after uploading. USB drives are not interchangeable. BWCs have no user removable media cards and are downloaded by use of a docking station. _ If the video contains documentation of a use of force, the fact that there is a video should be included in the Use of Force Report form. In instances where there is a complaint against a member of the department, the supervisor receiving the complaint shall ascertain if the event in question was recorded. Video files are stored on the server located inside the secure server area at the City of Iowa City Facility, all files are backed up on a routine basis and backup tapes will be stored within City of Iowa City secured facilities. VIDEO DISTRIBUTION PROCESS When video is requested a complete case of all video will be assembled and a link to the video case will be created for cloud share purposes. Request for video from outside entities will be done through cloud share capabilities through the WatchGuard system. Videos from prior video system shall be done via physical disk. When requested by the JCAO, or City of Iowa City Legal division, they will be responsible for dissemination of the cloud share link to other involved parties. It is the responsibility of the receiving party to create physical disks as needed from the cloud share. Cloud share default expiration shall be 60 days unless otherwise requested. The Chief of Police has the discretion to authorize the deletion of any in car video recordings or body camera recordings that have been unintentionally captured, invasive or private, and not pertinent to any case or inquiry. Any employee who violates this policy will be subject to discipline as GO 99-06 Titled Internal Affairs, Iowa Code Chapter 400 titled Civil Service, and the Contract between the City of Iowa City and the Police Labor Relations Organization of Iowa City allow. Any employee found to intentionally turn off or disable an in -car recording device or body camera when their use is required will be subject to suspension or termination as GO 99-06 Titled Internal Affairs, Iowa Code Chapter 400 titled Civil Service, and the Contract between the City of Iowa City and the Police Labor Relations Organization of Iowa City allow. 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. REDLINE VERSION Red highlights are deletions Green highlights are additions OPS-12.1 ■ M i ► W • N-CAR Original Date of Issue General Order Number July 30, 1999 99-08 Effective Date of Reissue Section Code October 7, 2020 OPS-12 Reevaluation Date Amends October 2023 OPS-12 Previous Version (2013) C.A.L.E.A. Reference 41.3.8 (see "INDEX AS:") INDEX AS: Use of Force Internal Investigations Evidence Evaluations I. PURPOSE Traffic Stops Recording Devices In -car Recorders Body Worn Cameras (BWC) The purpose of this policy is to identify when recording devices should be used and procedures to be followed when using the recording equipment. Note: this policy specifically does not govern nor apply to covert operations and any related recordings. II. POLICY It is the policy of the Iowa City Police Department that all members serving a patrol or investigative function, to include road CSOs and Animal Control Officers, be required to use recording devices to collect evidence and document interactions between officers and the public. Only approved equipment will be used by department members and usage shall comply with the manufacturer's instructions. All videos are the property of the Iowa City Police Department. Any distribution of a video or portion of a video shall only be done with the authorization of the Chief of Police or his/her designee. The unauthorized playing or copying of any video is prohibited. OPS-12.2 III. DEFINITIONS Audio/video recording equipment consists of: In -car recorders to include a camera, recorder, flashcard and LCD Display. These units are within the vehicle. 2. Body worn cameras (BWC) of a type selected and issued by the Department, are cameras worn on an individual officer's person that record and store audio, video and metadata evidence. IV. PROCEDURES The Iowa City Policy Department has adopted the use of the BWC and in -car recorders to accomplish several objectives. The primary objectives are as follows: 1. BWCs and in -car recorders allow for accurate documentation of police - public contacts, arrests, and critical incidents. They also serve to enhance the accuracy of officer reports and testimony in court. 2. Audio and video recordings also enhance the Iowa City Police Department's ability to review probable cause for arrest, officer and suspect interaction, and evidence for investigative and prosecutorial purposes and to provide additional information for officer evaluation and training. 3. The BWC and in -car recorders may also be useful in documenting crime and accident scenes or other events that include the confiscation and documentation of evidence or contraband. The Commander of Administrative Services or his/her designee will supervise the use, storage, duplication and erasing of the material recorded by members of this department. If an officer notices that there is a problem with the equipment, he/she shall notify a watch supervisor. The watch supervisor will forward notification of the problem or malfunction to the Commander of Administrative Services or his/her designee. Only persons trained in the servicing of audio/visual equipment will service the equipment. Any defective unit will not be used, and when practical, will be removed from service until repaired. If an employee who is not trained in the use of the in -car recorder is assigned to a vehicle containing one, they should notify a supervisor. The supervisor shall then assign identity to that portion of the video not identified. Officers are not required to inform the person(s) that the recording equipment is in use, however, it may be advantageous to do so to de-escalate a situation and possibly reduce the need to use force. People generally are on their best behavior when they know they are being recorded. Officers shall disclose the use of a video recorder upon inquiry OPS-12.3 OPERATION OF THE RECORDING APPARATUS In -car Recording Apparatus Officers shall log into the in -car recorder at the beginning of their shift and synch their BWC to the vehicle. Officers shall inspect and test the in -car recording system prior to each shift to verify proper functioning and shall notify their supervisor of any problems. If another squad car is available with a working in -car recording device officers shall utilize that vehicle for their watch. In -car audio/visual recording units will be installed such that they are activated when: 1. turning on emergency lights 2. turning on siren 3. manual activation by pushing the 0 record button 4. manual activation by activating a synched BWC 5. excessive speed with no lights or siren All traffic stops shall be recorded in their entirety -including when the citation is being written. Officers should, to the extent possible, use the recording equipment to document the administration of field sobriety tests, remembering that their top priority is safety. In addition to traffic stops officers shall manually activate their recording` equipment on calls for service and on self -initiated field activity if it involves an encounter with a person. Officers, if able, shall activate the in -car recorder system immediately upon being involved in a motor vehicle crash. It is recommended that officers consider activating the in -car recorder system when responding to calls -for -service where video capture of persons/vehicles leaving the scene of incidents has investigative value. Once a recording unit has been activated it shall only be stopped when the incident in question is concluded unless allowed under this policy. When a recording is going to be made inside the Department by one of the OWI or interview room cameras the BWC and in -car system may be stopped if interior recordings are initiated. When leaving the Department, if still in the presence of the person, the in -car recorder shall be reactivated during transport of any person. When stopping a video recording it should whenever possible be done from the in -car recorder to allow classification to synch to the BWC as well. It is mandatory to give each video a classification at time of stopping the video. Officers shall be as accurate as possible when classifying videos to achieve required retention. Officers can choose from the list below in the vehicle when classifying a video. s] Video Classifications Retention Length 1-equipment check 365 days 2-No CFS 365 days 3- Parking/motorist assist 365 days 4- Warning 365 days 5- CFS / no report 365 days 6- Accident 365 days 7- OW I 730 days 8-CFS t Report 365 days 9- Citation 365 days 10- Use of Force 730 days 11- Arrest 730 days 12- Robbery 730 days 13- Assault 730 days 14- Domestic 730 days 15- Death Investigation indefinite Upon completion of a recorded event which results in an arrest the Officer shall use the CFS# classification to associate the call for service number associated to the video files. This shall be done by all responding officers. Use of video classification and CFS# entry applies only to events managed with in vehicle recorders. Body Worn Cameras (BWC) BWC's that are properly synched to an in -car device will automatically start when the in -car recorder is activated. The BWC will also start an in -car recorder when initiating a recording. All patrol cars shall be equipped with an auxiliary charging device for the BWC. When responding to a call for service officers shall activate the BWC prior to arriving on scene or at the first opportunity to safely do so. Additionally, officers shall activate the BWC at the initiation of any other law enforcement action, including parking enforcement even if there is no interaction with the public, or investigative encounter between a police officer and the public to include: Stops (including traffic stops), frisks, searches, arrests, consensual interviews and searches, enforcement actions of all kinds and any encounter that becomes in any way hostile or confrontational. The BWC shall be activated when a firearm is used to destroy an animal. Exceptions to this requirement include interviews with victims of sexual assault, domestic abuse, or other sensitive crimes, or the recording of witnesses who are concerned about retaliation if they are seen as cooperating with the police. Officers' may also use their discretion during routine and casual situations such as officers on foot or bike patrol who wish to converse with neighborhood OPS-12.5 residents and where turning on a video camera could make the encounter seem officious and may make the person reluctant to speak with the officer. Officers may also deactivate their BWC during the following types of situations: In locations where individuals have a reasonable expectation of privacy, such as a residence, they may decline to be recorded unless the recording is being made pursuant to an arrest or search of the residence or the individuals or other enforcement action is occurring in such a location. The BWC shall remain activated until the event is completed to ensure the integrity of the recording unless the contact moves into an area restricted by this policy. Once an officer has finished investigating a collision and the involved parties have been released, the officer may deactivate the BWC prior to clearing the call to complete any paperwork. If an officer responds to assist with traffic control at the scene of a collision, fire or similar incident, the officer may deactivate the BWC when there is no interaction with persons or that interaction has ended. Other calls where there is no further interaction with persons or that interaction has ended, for example, an OWI investigation where the person has been taken to jail or otherwise released and the officer still has additional paperwork. When a recording is going to be made inside the Department by one of the OWI or interview room cameras, officers shall only deactivate their BWC after the appropriate room video system has been activated to avoid any lapses in recording. When leaving the Department, if still in the presence of the person, the BWC shall be reactivated prior to deactivating the DWI and interview room cameras to avoid any lapses in recording. If at any point during these types of calls any of the previously listed situations occur where a BWC is required, the BWC shall be reactivated. The above list is to serve as a guide and is not intended to be all inclusive. If in doubt, record it. If an officer fails to activate the BWC, fails to record the entire contact, or interrupts the recording, the officer shall document why a recording was not made, was interrupted, or was terminated. This is to include muting the audio. A brief statement in the recorder prior to the interruption shall be sufficient documentation. If an officer's BWC needs to be replaced during their watch for any reason, the patrol supervisor will use the WatchGuard Kiosk application to check out another camera for them to use. Procedures for BWC Use Officers shall inspect and test the BWC prior to each shift to verify proper functioning and shall notify their supervisor of any problems. Officers who are assigned BWC equipment shall use the equipment unless otherwise authorized by supervisory personnel. Police personnel shall use only BWCs issued by this department. The BWC equipment and all data, images, video, and metadata captured, recorded, or otherwise produced by the equipment is the sole property of the agency. Police personnel who are assigned BWCs must complete an agency approved and/or provided training program to ensure proper use and operations. Additional training may be required at periodic intervals to ensure the continued effective use and operation of the equipment, proper calibration and performance, and to incorporate changes, updates, or other revisions in policy and equipment. BWC equipment is the responsibility of individual officers and will be used with reasonable care to ensure proper functioning. Equipment failure or malfunctions shall be brought to the attention of the employee's supervisor as soon as possible so that a replacement unit may be procured. A radio log shall be made indicating that the camera is not functioning when it is first known. Employees must report back to the station for a replacement unless unable to because of an emergent call for service. If an employee is unable to come back to the station for a replacement due to an emergent situation then every attempt should be made to have a backup officer on scene with a working camera. The BWC shall be worn on the officer's chest with clear view to the front (not blocked by clothing or other equipment) and properly oriented. a Procedures for Both In -car Recorder and BWC Use Officers shall not edit, alter, erase, duplicate, copy, share, or otherwise distribute recordings in any manner without prior written authorization and approval of the Chief of Police or his or her designee. Officers are encouraged to inform their supervisor of any recordings that may be of value for training purposes. Requests for deletion of portions of the recordings (e.g., in the event of a personal recording) must be submitted in writing and approved by the Chief of Police or his or her designee. All requests and final decisions shall be kept on file. Officers shall note in their incident, arrest, and related reports when recordings were made during the incident in question. However, BWC recordings are not a replacement for written reports. OPS-12.7 Restrictions on Using the In -car Recorder or BWC In -car recorders and BWCs shall be used only in conjunction with official law enforcement duties and shall not be used to record the following: • Encounters with undercover officers or confidential informants. • When on break or otherwise engaged in personal activities. • Communications with other police personnel without the permission of the Chief of Police. • Unless in the scope of officers' official duties and with an articulable reason, officers will not use the in -car recorder or BWCs in any location where individuals have a reasonable expectation of privacy, such as a restroom or locker room. Record After -The -Fact The new recording system has the capability of running in a continuous record, However, this feature has been disabled on the body worn devices, the only time any recording will be captured on a body worn device is when the recording is activated by the front button, or when initiated by a synched in car recording device. This is to maintain a level of privacy for those wearing body worn devices and to prevent excessive drain on battery life. If at some point this feature is to be used it will be by directive of the Chief of Police and appropriate notification will be sent to all users prior to the change. Record after the fact will be functional and running on all patrol vehicle recorders, this will be used in case of major incident or investigation that has cause to believe the patrol vehicle may have been in an area and captured footage of an event or pre/post event footage when a car recorder was not in the record state. Officers should be aware that all patrol vehicle records have this feature and are always in record state, however only videos that are event initiated are ever exported to the system for playback. Any video captured after the fact, as well as the 1 min pre -record on all videos, have no audio associated with them as it is only video playback. If a recording of value is found on a recorder it can be changed to an event and exported to the system for saving and further viewing. Storage and Release All files shall be securely downloaded periodically and no later than the end of each shift. Each file shall contain information related to the date, in -car recorder or BWC identifier, and assigned officer. OPS-12.8 All images and sounds recorded by the in -car recorder or BWC equipment are the exclusive property of the Iowa City Police Department. Accessing, copying, or releasing files for non -law enforcement purposes is strictly prohibited. All access to in -car recorder or BWC files must be specifically authorized by the Chief of Police or their designee, and all access is to be logged and available for audit to ensure that only authorized users are accessing the data for legitimate and authorized purposes. VIDEO RETENTION Proper classification of videos will determine how long a video is retained. If an improper classification is made for a series of recordings they can be reclassified through the software interface. Refer to section on video classification for standard retention lengths. If a video is part of a major case that will require longer or permanent retention a disk copy of all video should be requested and submitted to evidence by responsible officer or detective. VIDEO ACCESS PERMISSIONS Supervisors will have access to view all videos. Investigation users have view only access to all videos. All officers will have access to view their own video and recordings from the intox area. SUPERVISOR RESPONSIBILITIES Supervisors shall review in -car and BWC recordings for all involved employees for use of force incidents and complaints. Documentation of these reviews will be logged on the prescribed form (Appendix A). Supervisors that discover an incident where an in -car or BWC recording device was not activated or improperly shut off shall complete a report of inquiry form (ROI) and forward to the captain of field operations. The supervisor shall include if there was sufficient time for the activation of a device. If an in -car or BWC recording was not activated where there was sufficient time to do so or improperly shut off a report of inquiry shall be completed and forwarded to command staff for review. On a monthly basis, supervisors will review at least one in -car and one BWC recording of each employee under their supervision to ensure that the equipment is operating properly and that officers are using the devices appropriately and in accordance with policy and to identify any areas in which additional training or guidance is required. Where possible video review should be of the same incident to ensure the system is synching as it is designed. By the 15r" of each month each Watch Commander, Lieutenant of Investigations and Animal Control OPS-12.9 Supervisor, shall forward to the Commander of Field Operations the information on the prescribed form (Appendix A) from the previous month. COMMAND STAFF RESPONSIBILITIES The captain of field operations shall maintain a record of incidents where employees did not activate an in -car or BWC recording device or improperly shut off a recording device in violation of this policy and monitor for repeats from the same employee. By March 1 st of each year the captain of field operations will submit an annual report to the city manager's office and Community Police Review Board from the previous year on compliance with this general order. This report should contain summary of the results of the monthly supervisory checks, Use of Force checks and all checks generated from internal affairs investigations. Media Card Control Normally, video for the in -car recorders is downloaded wirelessly through a secured wireless connection. In the case of failure of that system, the video files will need to be downloaded manually. In -car recorder videos are captured on USB drives on a recorder located in each vehicle. The USB drives shall only be removed by a supervisor who will remove the USB drive and upload the files. The same USB drive must go back into the car it was removed from after uploading. USB drives are not interchangeable. BWCs have no user removable media cards and are downloaded by use of a docking station. If the video contains documentation of a use of force, the fact that there is a video should be included in the Use of Force Report form. In instances where there is a complaint against a member of the department, the supervisor receiving the complaint shall ascertain if the event in question was recorded. Video files are stored on the server located inside the secure server area at the City of Iowa City Facility, all files are backed up on a routine basis and backup tapes will be stored within City of Iowa City secured facilities. VIDEO DISTRIBUTION PROCESS When video is requested a complete case of all video will be assembled and a link to the video case will be created for cloud share purposes. Request for video from outside entities will be done through cloud share capabilities through the WatchGuard system. Videos from prior video system shall be done via physical disk. When requested by the JCAO, or City of Iowa City Legal division, they will OPS-12.10 be responsible for dissemination of the cloud share link to other involved parties. It is the responsibility of the receiving party to create physical disks as needed from the cloud share. Cloud share default expiration shall be 60 days unless otherwise requested. The Chief of Police has the discretion to authorize the deletion of any in car video recordings or body camera recordings that have been unintentionally captured, invasive or private, and not pertinent to any case or inquiry. DISCIPLINE Any employee who violates this policy will be subject to discipline as GO 99-06 Titled Internal Affairs, Iowa Code Chapter 400 titled Civil Service, and the Contract between the City of Iowa City and the Police Labor Relations Organization of Iowa City allow. Any employee found to intentionally turn off or disable an in -car recording device or body camera when their use is required will be subject to suspension or termination as GO 99-06 Titled Internal Affairs, Iowa Code Chapter 400 titled Civil Service, and the Contract between the City of Iowa City and the Police Labor Relations Organization of Iowa City allow. 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. OPS-19.1 JUVENILE --• Original Date of Issue General Order Number November 20, 2001 01-06 Effective Date of Reissue Section Code October 21, 2020 1 OPS-19 Reevaluation Date Amends October 2021 C.A.L.E.A. Reference 1.2.5; Chapter 44; 82.1.2 (see "INDEX AS:") INDEX AS: Arrest Investigation Procedures Searches I. PURPOSE The purpose of this policy is to provide guidelines for members of the Iowa City Police Department when dealing with juveniles in enforcement, custody, and child welfare situations. II. POLICY The Iowa City Police Department is committed to the reduction of juvenile delinquency and committed to the development and continuation of programs designed to prevent and control juvenile delinquency. The Department's juvenile function is the equal responsibility of all members, units and functions within the department. It is the responsibility of all members of the Iowa City Police Department to familiarize themselves with juvenile problems and established procedures for handling both criminal and non -criminal juvenile incidents as defined in this policy. Officers should bear in mind that only a small percentage of juveniles commit the majority of juvenile crimes. While this small percentage may require secure custody, the vast majority of juvenile offenders are likely candidates for non -secure custody and positive diversion and intervention strategies. With this in mind, officers should, when reasonable and justified under this policy, take those measures necessary to effect positive changes in juvenile offenders that are consistent with state law and the safety and security interests of the community. 111. DEFINITIONS Status Offender: A juvenile who is charged with an offense that would not be a crime if committed by an adult. Responsible Adult: In the absence of a juvenile's parents or legal guardian, a responsible adult is one who is responsible for the physical custody of a juvenile or who is another adult acquaintance of the juvenile's parents or legal guardian who agrees and reasonably demonstrates the ability to provide supervision for the juvenile until parents, guardians or next of kin can assume responsibility. Non -Secure Custody: A condition under which a juvenile's freedom of movement is controlled by members of this agency and, during such time, the juvenile A. is held in an unlocked, multi -purpose area that is in no way designed for residential use, such as a report writing room or an office and: B. is at no time handcuffed to any stationary object or; C. is held only long enough to complete identification, investigation and processing and then released to a parent, guardian or responsible adult or transferred to a juvenile facility or court; or D. is under continuous visual supervision until released. Secure Custody: A condition in which a juvenile is physically detained or confined in a locked room, set of rooms or a cell that is designated, set aside or used for the specific purpose of securely detaining persons who are in law enforcement custody or when the juvenile is physically secured to a stationary object. A. Enforcement Alternatives Officers dealing with juveniles in enforcement capacities may exercise reasonable discretion as outlined in this policy in deciding on appropriate actions. Alternatives that may be considered include, but are not limited to; 1. release without further action; 2. informal counseling to inform the youth of the consequences of his/her actions; 3. informal referrals to community services; 4. referral to parents or responsible adult; 5. informal counseling of parents or responsible adult; 6. limited non -secure custody and warning at the PD; 7. issuance of summons or complaint; 8. arrest under non -secure custody; and 9. arrest under secure custody. Upon deciding on an appropriate course of action, officers should abide by any notification requirements, consistent with state law and other departmental directives. B. Enforcement Criteria The following general guidelines may be used in determining appropriate enforcement and related actions that may be taken when dealing with juvenile incidents: Release without further action following informal counseling may be appropriate in certain minor incidents. 2. When in the officer's opinion, more than informal counseling needs to occur, the officer may elect to do one or more of the following: Make contact with the juvenile's parent(s), guardian or other responsible adult; make a delinquency referral to an appropriate community service agency with or without follow-up; detain the juvenile at the PD until he/she can be released to a parent or guardian. These actions may be appropriate when: a. the incident is of a more serious nature; or b. the juvenile has received prior warning, referrals, or has engaged in previous delinquent acts; or c. the juvenile's parent, guardian or responsible adult fails to provide appropriate control or supervision. 3. Officers may make a delinquency referral when the circumstances surrounding the incident meet or exceed the seriousness mentioned above. Officers should make a criminal referral against juveniles when they commit: a. acts that if committed by an adult would be serious misdemeanor or higher level charge. b. acts involving weapons; c. gang related offenses; d. acts which are assaultive in nature; e. acts committed while on probation or when they have charges pending against them; f. acts as repeat offenders or when they have refused to participate in diversion or intervention programs; or g. when it has been determined that parental or other adult supervision is ineffective. When a juvenile is taken into custody and when circumstances warrant, he/she should be transported to the police department or the detention facility as soon as reasonably practical, after being taken in to custody. 4. An officer may also take a juvenile into custody if the juvenile is in imminent danger to life or health, seriously endangered, in need of immediate healthcare, or is a runaway, or in violation of an order of disposition. In all such cases these juveniles shall be held in non -secure custody and officers should contact the juvenile's parent(s) or guardian as soon as reasonably possible. When the parent(s) or guardian cannot be contacted or refuse to accept custody, the officer should contact the Youth Shelter for placement. In cases of alleged child abuse or endangerment, first insure the safety of the child(ren) / juvenile involved. The watch supervisor should be contacted and a determination made as to if an investigator should be called or whether the responding officer should make telephonic contact with the Department of Human Services and finish the initial report and forward the report before the end of his/her watch to the investigations section. Copies of all reports shall also be forwarded to the Department of Human Services. Where probable cause exists to support a criminal charge of child abuse, an arrest is justified and the suspect should be taken into custody. If there is insufficient 'Wrilis M., information available at the time to make a determination as to the existence of child abuse, the officer shall, in consultation with the Department of Human Services, take steps to ensure the safety of the children)/juvenile. C. Status Offenses 1. Based on the seriousness of and circumstances surrounding the offense, the background of the juvenile and other relevant factors, an officer may release a juvenile to the parents, guardian or other responsible adult. Prior to releasing a juvenile to someone other than the parent, the officer shall make reasonable steps to contact the parents for approval of the release. When the juvenile is released to someone other than a parent, the officer shall identify and document the person taking custody prior to the release of the juvenile. 2. Juveniles taken into custody for status offenses may be frisked for weapons prior to being transported. 3. Handcuffs or other restraints will only be used when: the juvenile being taken into custody physically resists; threatens physical violence when being taken into custody; is being taken into custody for an alleged delinquent act of violence against a person; or when in the judgment of the officer, the juvenile presents a risk of injury to themselves or others. 4. Officers shall pay particular attention to juveniles under the influence of alcohol or drugs to determine whether emergency medical services are warranted. 5. Juveniles taken into custody for status offenses shall be held in non -secure custody, for the purposes of identification, investigation, and related processing requirements to facilitate their release to a parent or responsible adult or transport to a juvenile shelter facility. 6. Transportation of a juvenile in a "caged" vehicle is not considered secure custody. 7. Status offenders and other juveniles taken into custody should not be placed in an area with adult suspects and shall also be: a. under constant observation; b. afforded reasonable access to toilets and washing facilities; c. provided with access to water or other nourishment as needed; and d. allowed reasonable access to a telephone. D. Criminal Offenses 1. Juveniles taken into custody for criminal type offenses may be placed in restraints if the juvenile physically resists; threatens physical violence when being taken into custody; is being taken into custody for an alleged delinquent act of violence against a person; or when, in the reasonable judgment of the officer, the juvenile presents a risk of injury to themselves or others. The parent, guardian, or custodian shall be notified as soon as reasonably possible once a juvenile is taken into custody. 2. Unless the juvenile is placed in shelter care or detention, the juvenile shall be released to their parent, guardian, custodian, responsible adult relative, or other adult approved by the court. 3. Fingerprints and photographs of juveniles shall be taken and used in conformance with the Code of Iowa chapter 232.148. Fingerprints will only be taken from compliant juveniles who allow the officer to print them. Fingerprinting should not be attempted on non -compliant juveniles or those that pose a safety risk. In these instances, the officer should email the juvenile's name and associated incident number to the Juvenile Detective. The Juvenile Detective will attempt to obtain fingerprints from the juvenile at a later time. 4. Juveniles in custody should be questioned in conformance with the Departmental Juvenile Waiver form. Juveniles should be allowed to consult with their parent(s). To the extent practical, parents should be allowed to be present during the interrogation of juveniles. Questioning of juveniles should be limited in duration, preferably one hour or less, and questioning limited to two officers. 5. Prior to terminating an interrogation, the questioning officer shall advise the juvenile and/or his/her parent and/or his/her legal guardian or responsible adult of the procedures to be used in making contact with the juvenile court office, in addition to information relating to applicable court appearances or other means of dealing with criminal charges. 6. Prior to requesting consent to search from a juvenile, officers should attempt to contact the person in actual control of the property to be searched. When requesting consent to search from a juvenile, officers shall consider the age of the juvenile. Officers should not request consent to search from juveniles appearing to be under the age of fourteen. When requesting consent to search from a juvenile, the requesting officer shall clearly explain the voluntary nature of the request and the right of the juvenile to refuse the request. a. When officers are unable to contact the person in actual control of the property to be searched, and the search is based on the consent of a juvenile fourteen years of age or older, the officer shall request a supervisor respond to the scene to determine how to proceed. This section does not apply when the property to be searched is a motor vehicle and under the control of a juvenile. Refer to General Ordre 00-01 titled Search and Seizure. E. Direct Filing To Adult Court Chapter 232.8(1)(c) of the Iowa Code allows for the Direct Filing of juveniles to Adult Court under the following situations: 1. Violation of 124.401 Possession of controlled substance with the Intent to Manufacture or Deliver and has a gun or offensive weapon. 2. Violation of 723A.2 Criminal Gang Participation and a weapons violation under Chapter 724. 3. Felony violations of Chapter 724 Weapons. 4. Some Forcible Felonies. 5. Other offenses as identified by law. Prior to filing directly to Adult Court the investigating officer should consult with the on -call County Attorney. FeTWE W60, F. Reporting 1. The departmental Juvenile Contact form shall only be used to document diversion referrals, and when a charge is filed, other than the exceptions contained in chapter 232.8 of the Code of Iowa (cite and release exceptions). The Juvenile Contact form shall be filled out as completely as possible. 2. Officers shall document all other contacts with juveniles via Tac10. Other juvenile contacts include but are not limited to: a. Transport of juveniles. Transport requires an ICR# with a disposition of "Incident Report Taken." The narrative should describe the reason for contact and circumstances of the juvenile's release, including name of the parent/guardian/responsible party to whom the juvenile was turned over. Juvenile transport circumstances should be included in narratives of existing reports and do not require a separate entry. Should a transport be the only reason for documentation, a complete Tac10 report must be done, filling in all applicable fields. b. Field Interview (FI) contacts with juveniles (for juveniles this will be used in lieu of FI cards), in these type situations officers should note in the Tac10 narrative that it was a FI contact. c. Juveniles in the company of others at the proximate time an offense was committed; d. Other circumstances as determined by watch supervisors or the Report Review Officer. 3. Officers shall do a Tac10 entry incident report consistent with those categories in which one is required for adult suspects. G. Juvenile Diversion/Referral Any juvenile 12 or under shall not be charged or given a diversion referral for theft 5th degree. Instead the juvenile's name, DOB, address, and parent contact information should be sent to the juvenile detective. The officer dealing with the juvenile will need to speak with juvenile's parent and let them know the child was caught for theft and UAY will be following up. The juvenile detective will"provide that contact information to UAY. UAY will follow-up with the juvenile and keep documentation of each juvenile they follow-up with. Officers responding to disorderly conduct incidents involving juveniles shall advise parents or guardians that involved juveniles will be referred for diversion and record such on the juvenile form. The Juvenile Court Office will assess each diversion referral to determine if the juvenile qualifies for the diversion program. To qualify for the diversion program the juvenile must not have had any prior adjudication and not currently be on probation. Previous referrals on other criminal offenses including disorderly conduct will be taken into consideration to determine if the juvenile meets the criteria for diversion. If the juvenile does not meet the criteria for diversion or does not successfully complete the diversion program, the Juvenile Court Office will follow through with a court referral. OPS-19.7 All disorderly conduct and theft 5t' degree shall have the "Diversion Referral' box checked on the Juvenile Contact form. 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 a higher legal standard of safety or care in an evidentiary sense with respect to third -party claims. Violations of this directive will only form the basis for departmental administrative sanctions. REDLINE VERSION Red highlights are deletions Green highlights are additions JUVENILE Original Date of Issue General Order Number November 20, 2001 01-06 Effective Date of Reissue Section Code October 21, 2020 1 OPS-19 Reevaluation Date Amends October2021 C.A.L.E.A. Reference 1.2.5; Chapter 44; 82.1.2 (see "INDEX AS:") INDEX AS: Arrest Investigation Procedures Searches OPS-19.1 I. PURPOSE The purpose of this policy is to provide guidelines for members of the Iowa City Police Department when dealing with juveniles in enforcement, custody, and child welfare situations. II. POLICY The Iowa City Police Department is committed to the reduction of juvenile delinquency and committed to the development and continuation of programs designed to prevent and control juvenile delinquency. The Department's juvenile function is the equal responsibility of all members, units and functions within the department. It is the responsibility of all members of the Iowa City Police Department to familiarize themselves with juvenile problems and established procedures for handling both criminal and non -criminal juvenile incidents as defined in this policy. Officers should bear in mind that only a small percentage of juveniles commit the majority of juvenile crimes. While this small percentage may require secure custody, the vast majority of juvenile offenders are likely candidates for non -secure custody and positive diversion and intervention strategies. With this in mind, officers should, when reasonable and justified under this policy, take those measures necessary to effect positive changes in juvenile offenders that are consistent with state law and the safety and security interests of the community OPS-19.2 III. DEFINITIONS Status Offender: A juvenile who is charged with an offense that would not be a crime if committed by an adult. Responsible Adult: In the absence of a juvenile's parents or legal guardian, a responsible adult is one who is responsible for the physical custody of a juvenile or who is another adult acquaintance of the juvenile's parents or legal guardian who agrees and reasonably demonstrates the ability to provide supervision for the juvenile until parents, guardians or next of kin can assume responsibility. Non -Secure Custody: A condition under which a juvenile's freedom of movement is controlled by members of this agency and, during such time, the juvenile A. is held in an unlocked, multi -purpose area that is in no way designed for residential use, such as a report writing room or an office and: B. is at no time handcuffed to any stationary object or; C. is held only long enough to complete identification, investigation and processing and then released to a parent, guardian or responsible adult or transferred to a juvenile facility or court; or D. is under continuous visual supervision until released. Secure Custody: A condition in which a juvenile is physically detained or confined in a locked room, set of rooms or a cell that is designated, set aside or used for the specific purpose of securely detaining persons who are in law enforcement custody or when the juvenile is physically secured to a stationary object. IV. PROCEDURES A. Enforcement Alternatives Officers dealing with juveniles in enforcement capacities may exercise reasonable discretion as outlined in this policy in deciding on appropriate actions. Alternatives that may be considered include, but are not limited to; 1. release without further action; 2. informal counseling to inform the youth of the consequences of his/her actions; 3. informal referrals to community services; 4. referral to parents or responsible adult; 5. informal counseling of parents or responsible adult; 6. limited non -secure custody and warning at the PD; 7. issuance of summons or complaint; 8. arrest under non -secure custody; and 9. arrest under secure custody. Upon deciding on an appropriate course of action, officers should abide by any notification requirements, consistent with state law and other departmental directives. B. Enforcement Criteria The following general guidelines may be used in determining appropriate enforcement and related actions that may be taken when dealing with juvenile incidents: OPS-19.3 1. Release without further action following informal counseling may be appropriate in certain minor incidents. 2. When in the officer's opinion, more than informal counseling needs to occur, the officer may elect to do one or more of the following: Make contact with the juvenile's parent(s), guardian or other responsible adult; make a delinquency referral to an appropriate community service agency with or without follow-up; detain the juvenile at the PD until he/she can be released to a parent or guardian. These actions may be appropriate when: a. the incident is of a more serious nature; or c. the juvenile has received prior warning, referrals, or has engaged in previous delinquent acts; or d. the juvenile's parent, guardian or responsible adult fails to provide appropriate control or supervision. 3. Officers may make a delinquency referral when the circumstances surrounding the incident meet or exceed the seriousness mentioned above. Officers should make a criminal referral against juveniles when they commit: a. acts that if committed by an adult would be serious misdemeanor or higher level charge. b. acts involving weapons; c. gang related offenses; d. acts which are assaultive in nature; e. acts committed while on probation or when they have charges pending against them; f. acts as repeat offenders or when they have refused to participate in diversion or intervention programs; or g. when it has been determined that parental or other adult supervision is ineffective. When a juvenile is taken into custody and when circumstances warrant, he/she should be transported to the police department or the detention facility as soon as reasonably practical, after being taken in to custody. 4. An officer may also take a juvenile into custody if the 'uvenile is in imminent danq er to life or health, seriously endangered, , or is a runaway, or in violation of an order of disposition. In all such cases these juveniles shall be held in non -secure custody and officers should contact the juvenile's parent(s) or guardian as soon as reasonably possible. When the parent(s) or guardian cannot be contacted or refuse to accept custody, the officer should contact the Youth Shelter for placement. 5. In cases of alleged child abuse or endangerment, first insure the safety of the child(ren) / juvenile involved. The watch supervisor should be contacted and a determination made as to if an investigator should be called or whether the responding officer should make telephonic contact with the Department of Human Services and finish the initial report and forward the report before the end of his/her watch to the investigations section. Copies of all reports shall also be forwarded to the Department of Human Services. Where probable cause exists to support a criminal charge of child abuse, an arrest is justified and the suspect should be taken into custody. If there is insufficient information available at the time to make a determination as to the existence of child abuse, the officer shall, in consultation with the Department of Human Services, take steps to ensure the safety of the child(ren)(juvenile. C. Status Offenses 1. Based on the seriousness of and circumstances surrounding the offense, the background - of the juvenile and other relevant factors, an officer may release a juvenile to the parents, guardian or other responsible adult. Prior to releasing a juvenile to someone other than the parent, the officer shall make reasonable steps to contact the parents for approval of the release. When the juvenile is released to someone other than a parent, the officer shall identify and document the person taking custody prior to the release of the juvenile. 2. Juveniles taken into custody for status offenses may be frisked for weapons prior to being transported. 3. Handcuffs or other restraints will only be used when: the juvenile being taken into custody physically resists; threatens physical violence when being taken into custody; is being taken into custody for an alleged delinquent act of violence against a person; or when in the judgment of the officer, the juvenile presents a risk of injury to themselves or others. 4. Officers shall pay particular attention to juveniles under the influence of alcohol or drugs to determine whether emergency medical services are warranted. 5. Juveniles taken into custody for status offenses shall be held in non -secure custody, for the purposes of identification, investigation, and related processing requirements to facilitate their release to a parent or responsible adult or transport to a juvenile shelter facility. 6. Transportation of a juvenile in a "caged" vehicle is not considered secure custody. 7. Status offenders and other juveniles taken into custody should not be placed in an area with adult suspects and shall also be: a. under constant observation; b. afforded reasonable access to toilets and washing facilities; c. provided with access to water or other nourishment as needed; and d. allowed reasonable access to a telephone. D. Criminal Offenses 1. Juveniles taken into custody for criminal type offenses may be placed in restraints if the juvenile physically resists; threatens physical violence when being taken into custody; is being taken into custody for an alleged delinquent act of violence against a person; or when, in the reasonable judgment of the officer, the juvenile presents a risk of injury to themselves or others. The parent, guardian, or custodian shall be notified as soon as reasonably possible once a juvenile is taken into custody. 2. Unless the juvenile is placed in shelter care or detention, the juvenile shall be released to their parent, guardian, custodian, responsible adult relative, or other adult approved by the court. Fingerprints and photographs of juveniles shall be taken and used in conformance with the Code of Iowa chapter 232.148. - pose a safety risk. In these instances, the officer s -iile's. name and associated incident number to the 4. Juveniles in custody should be questioned in conformance with the Departmental Juvenile Waiver form. -, juveniles should be allowed to consult with their parent(s). To the extent practical, parents should be allowed to be present during the interrogation of juveniles. Questioning of juveniles should be limited in duration, preferably one hour or less, and questioning limited to two officers. 5. Prior to terminating an interrogation, the questioning officer shall advise the juvenile and/or his/her parent and/or his/her legal guardian or responsible adult of the procedures to be used in making contact with the juvenile court office, in addition to information relating to applicable court appearances or other means of dealing with criminal charges. 6. Prior to requesting consent to search from a juvenile, officers should attempt to contact the person in actual control of the property to be searched. When requesting consent to search from a juvenile, officers shall consider the age of the juvenile. Officers should not request consent to search from juveniles appearing to be under the age of fourteen. When requesting consent to search from a juvenile, the requesting officer shall clearly explain the voluntary nature of the request and the right of the juvenile to refuse the request. a. When officers are unable to contact the person in actual control of the property to be searched, and the search is based on the consent of a juvenile fourteen years of age or older, the officer shall request a supervisor respond to the scene to determine how to proceed. This section does not apply when the property to be searched is a motor vehicle and under the control of a juvenile E. Direct Filing To Adult Court Chapter 232.8(1)(c) of the Iowa Code allows for the Direct Filing of juveniles to Adult Court under the following situations: 1. Violation of 124.401 Possession of controlled substance with the Intent to Manufacture or Deliver and has a gun or offensive weapon. 2. Violation of 723A.2 Criminal Gang Participation and a weapons violation under Chapter 724. 3. Felony violations of Chapter 724 Weapons. 4. Some Forcible Felonies. 5. Other offenses as identified by law. Prior to filing directly to Adult Court the investigating officer should consult with the on -call County Attorney. • .. curveiles on the Departmental Juvenile The fa . ut as completely as possible. mile contacts include but are not limited to: When a charge is filed or contemplated, other than the exceptions contained in chapter 232.8 of the Code of Iowa. (cite and release exceptions) transport of juveniles: Field Interview (FI) contacts with juveniles (for juveniles this will be used in lieu of F1 cards), in these type situations officers should note on the plaint that it was a FI contact. niles in the company of others at the proximate time an offense was er circumstances as determined by watch supervisors or the Report ew Officer. shall fill out the Incident Report form consistent with those categories in which one is required for adult suspects. . On an annual basis the Sergeant of Planning and Research shall analyzer evaluate and report on the enforcement and prevention actions taken by the partment. The report shall include both a quantitative and qualitative nent. The report should contain recommendations for the continuance modification of current departmental efforts and or directives. to departmental Juvenile Contact form shall only be used to document eversion referrals, and when a charge is filed. other than the exceptions pntained in chapter 232.8 of the Code of Iowa (cite and release exceptions.), jhe Juvenile Contact form shall be filled out as completely as possible. jficers shall document all other contacts with juveniles via Tact0. Other juvenile contacts include but are not limited to: a. Transport of juveniles. Transport requires an ICR# with a disposition of "Incident Report Taken." The narrative should describe the reason for contact and circumstances of the juvenile's release. including name of the parentlguardianlresponsible party to whom the juvenile was turned over. Juvenile transport circumstances should be included in narratives of existing reports and do not require a separate entry. Should a transport be the only reason for documentation, a complete Tac10 report must be done, filling to all applicable fields. h. Held Interview (Fl) contacts with juveniles (for juveniles this will be used in lieu of Fi cards), in these type situ@lions officers should note in the Tacl0 narrative that it was a FI contact. c_ Juveniles in the company of others at the proximate time an offense was committed, d Other circumstances a$ deternrinR::d by watch supervisors or the Report Review Officer G. Juvenile Diversion/Referral Any juvenile 12 or under shall not be charged or given a diversion refdIMM theft P degree. Instead the juvenile's name. DOB, address, and parent contea information should be sent to the juvenile detective. The officer dealing with juvenile will need to speak with juvenile's parent and let them know the child YM caught for theft and UAY will be following up. The juvenile detective will provide. that contact information to UAY. UAY will follow-up with the juvenile and keep documentation of each juvenile they follow-up with. Officers responding to disorderly conduct incidents involving juveniles shall advise parents or guardians that involved juveniles will be referred for diversion and record such on the juvenile form. The Juvenile Court Office will assess each diversion referral to determine if the juvenile qualifies for the diversion program. To qualify for the diversion pr the juvenile must not have had any prior adjudication and not currently b probation. Previous referrals on other criminal offenses including disord conduct will be taken into consideration to determine if the juvenile meet criteria for diversion. If the juvenile does not meet the cute n program, Denise Brotherton, Interim Chief of Police ,i 71ZM, F This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of a higher legal standard of safety or care in an evidentiary sense with respect to third -party claims. Violations of this directive will only form the basis for departmental administrative sanctions. TO: Interim Chief Denise Brotherton FROM: Sgt. Paul Batcheller RE: September 2020 Use of Force Review DATE: November 3, 2020 The Iowa City Police Department policy requires an employee to complete a written report for any reportable use of force. Reportable use of force is defined in the Department's General Order 99-05, which is titled Use of Force and available for public viewing on the department's website. This policy provides employees with guidelines on the use of deadly and non -deadly force. Upon receipt of the report, the supervisor is responsible for completing an administrative critique of the force. This process includes interviews with involved employees, body worn and in -car camera review, review of any additional available video, and review of written reports. The employee's use of force report and the supervisor's critique is then forwarded to the Captain of Field Operations and the Chief of Police for final review and critique. On a monthly basis, the previous month's use of force reports and supervisor critiques are reviewed by an administrative review committee consisting of a minimum of three sworn personnel. This Use of Force Committee consists of two supervisors as designated by the Chief of Police and one officer, typically a certified use of force instructor. The Use of Force Review Committee met on November 3, 2020. It was composed of Sgt. Batcheller, Sgt. McKnight, and Officer Fowler. For the review of submitted reports in September, the Review Committee documented the following: • 40 individual officers were involved in 22 separate incidents requiring use of force. • There were no documented cases of an officer exercising his/her duty to interve_fie_andStte review of the incidents did not indicate that an officer failed their duty to intervene • No violations of body camera policy were noted during this review period. • Out of the 22 uses of force, arrests were made 12 times (54.5%). • Mental health was identified by officers as being a factor in 9 of the uses of force (40.9°l). • Drugs and/or alcohol was identified by officers as being a factor in 10 of the uses of force (46.5%). • 14 of the 20 human subjects force was used on were identified as White (70%) and 6 were identified as Black (30%). • Out of the 22 uses of force, the average number of officers involved in the force was 2- 0 In total during this time period, the ICPD had 6,035 calls for service with 22 calls for service resulting in force being used (.36%). It is noted that two of the 22 uses of force involved animals and not humans. The highest level of force in each incident is reflected below along with the year-to-date: Force Used September 2020 Occurrences 2020 Year -to -Date Hands-on 15 75 Taser Dis la 2 9 Taser Dischar e 2 9 OC Spray De to ent 0 5 Firearms Display 1 28 Firearms Discharge 0 0 ASP Striking 0 0 Officer StrikinR/Kicking 0 2 Animal Dispatched 2 16 Special Response Team Callouts 0 4 Vehicle Pursuits 0 1 Officer Injuries 2 20 Suspect Injuries 1 .:S -15 ' Reports to U.S. DOJ 0 0: n Total Use of Force incidents to date equal 147. Total calls for service in the same period equ _Is;47,127. This results in a year-to-date use of force being deployed in .31% of our total year-to-date calls for service. Copy to: City Manager, All Police Supervisors, Review Committee I6NA GTTy IOWA CITY POLICE DEPARTMENT ForceUse of Report POLICESeptember 2020 Watch Date Incident Incident Arrest Force Used Occurred Number type Made and YIN Officers Involved Day Watch 9/4 2020005580 Traffic stop Y Subject attempted to flee on — one motorcycle from a traffic stop, but officer lost control and fell off. He attempted to get up to get back on the motorcycle and flee and the officer grabbed the defendant by his torso and held him on ground, pulled his arms behind his back for handcuffing. BWC in compliance and no injuries to suspect or officer. Evening 9/4 2020005592 Intoxicated Y Subject was engaged in a physical Watch — person fight with staff at a business. Officer one officer approached and, at the request of staff, grabbed subject to prevent him from fighting. The suspect then resisted officers by tensing up and trying to pull away. The officer took subject to the ground and pulled his hands behind his back to affect his arrest while giving the suspect commands to stop resisting. BWC in compliance and no injuries to suspect or officer. Late Night 9/4 2020005602 Intoxicated Y Subject arrested for OWI, but Watch — Driver refused to get in the police car after one officer being arrested. The officer attempted to reason with the subject, ' but he got more belligerent and angry. De-escalation attempts failed and the officer had to grab the subject's legs to knock him off balance and push him into the car. c . The subject kept pushing back, so the officer threatened to use pepper September 2020 Use of Force Report spray and the subject then complied. BWC in compliance and no injuries to suspect or officer. Evening 918 2020005692 Intoxicated Y Officers responded to a medical call Watch — Person for an intoxicated person. The two officers person was being assaultive toward paramedics and officers intervened to prevent paramedics from being assaulted. The officers attempted to get the subject on a gumey for transport to the hospital, but the subject then assaulted the officers by pushing and swinging his arms at them. Officers took the subject to the ground and handcuffed him. De- escalation was attempted throughout. BWC in compliance and no injuries to suspect or officer. Evening 9/8 2020005693 Suicidal N Officers responded near the VA Watch — Person Hospital after a male who was two officers having psychiatric issues ran off. Officers located the person and he was assaultive, throwing items, and yelling at officers to shoot him. The person then ran toward the interstate in an apparent attempt to throw himself in front of traffic, so officers physically blocked his path and he aggressively ran towards the officers. Officers deployed a Taser to stop him and the Taser was effective. The person was taken back to the hospital. BWC in compliance and no injuries to suspect or officer. Day Watch 9110 2020005728 Injured N Sick raccoon was shot and killed by — one Animal officer. officer Late Night 9/10 2020005742 Intoxicated Y Intoxicated subject was fighting with Watch — Person hospital staff. Their security was one officer holding the subject down until officers arrived. The officers arrived and, at the request of staff, placed him under arrest. The officers rabbed the subject, who continued September 2020 Use of Force Report resisting, so they pulled the subject's hands behind his back and handcuffed him. Once cuffed, subject was assisted to his feet and placed in police car and taken to jail. BWC in compliance and no injuries to suspect or officer. Late Night 9111 2020005745 Theft Y Officer spotted a theft suspect and Watch — attempted to make contact, but the one officer suspect took off running. The officer caught the suspect hiding under a bush and he took off running again. The officer caught up to the suspect and grabbed him by the arm and pulled told him to get on the ground and the suspect complied and offered no further resistance. BWC in compliance and no injuries to suspect or officer. Evening 9/11 2020005756 Wanted Y Officers were attempting to locate a Watch — c•• Person subject who was wanted for a No two officers- Contact Order violation. Officers - searched a residence and located him hiding under clothing in a closet. } This subject was known to carry ;- firearms and be dangerous and officers drew their sidearms to provide lethal cover until it could be determined he did not pose a threat to officers. BWC in compliance and no injuries to suspect or officer. Evening 9111 2020005760 Domestic Y Subject was placed under arrest for Watch — Assault Domestic Assault and resisted that one officer arrest by pulling away. Officer had to push him against a wall and force his arms behind his back. Subject refused to walk to the police car and had to be pushed and escorted to the car. Once there he complied with sitting and stopped resisting. BWC in compliance and no injuries to suspect or officer. Evening 9/16 2020005891 Domestic Y Officer responded to a medical call Watch — Dispute that turned into a domestic dispute. one officer Upon arrival, the female grabbed a metal garden stake and displayed it September 2020 Use of Force Report in a threatening manner. She had said she was going to stab her domestic partner in the heart to kill him. The officer drew their Taser and trained the laser sight on her while warning her to drop the stake and she eventually complied and dropped the stake. She was taken into custody without injury. BWC in compliance and no injuries to suspect or officer. Late Night 9116 2020005897 Mental N Multiple officers were dispatched to Watch — Health Mercy Hospital for a patient having a five officers psychiatric episode. The person was assaultive toward staff and officers and, at one point, armed himself with two metal rods and attempted to assault officers and staff. Multiple attempts to de- escalate failed and Officers had to grab onto defendant's arms and hold them to get the rods away from him and then hold him down until staff could chemically sedate him. No injuries. BWC in compliance and no injuries to suspect or officer. Day Watch 9/17 2020005923 Mental N Officer responded for a report of a — two Health person acting erratic and being officers assaultive. The subject had thrown a punch at a business owner. Officer utilized de-escalation techniques and attempted to go hands on to get him handcuffed, but officers sensed that made it worse so they backed away to try further de-escalation. The suspect became assaultive toward officers, so a Taser was displayed to attempt to get the suspect's compliance and protect themselves from being assaulted. With continued combination of de-escalation techniques, officers eventually obtained compliance and got the person handcuffed and taken to the hospital without having to use further September 2020 Use of Force Report force. The Taser was not deployed. BWC in compliance and no injuries to suspect or officer. Late Night 9/20 2020005997 Mental N Officers responded to a hospital at Watch — Heath the request of an attending physician three for a subject who was court -ordered officers to the hospital for mental health. Staff advised the subject was having a manic episode and requested officers hold him down to allow for medical staff to chemically sedate the subject so he could later be treated. Officers held the subject down by holding his arms and legs until the medication took effect. BWC in compliance and no injuries to suspect or officer. Day Watch 2020006000 Injured N Officer shot and killed an injured — one Deer deer. officer Evening 9/21 2020006031 Mental N An adult male threatened to murder Watch — Health his parents. He was suicidal and five officers homicidal and assaultive toward officers. Officers made multiple attempts to de-escalate, but the person charged at officers and officers drew a Taser, but did not deploy. Instead, they grabbed the suspect's arms and legs and restrained him to allow for paramedics to chemically sedate him. Once sedated, he was transported to the hospital for psychiatric evaluation. BWC in compliance and no injuries to suspect or officer. Late Night 9/23 2020006053 Domestic Y A male subject assaulted a female, Watch — Assault causing serious injuries. Officers one officer located the male at an apartment and the male jumped off a fire escape in an attempt to flee. This subject has had multiple encounters with Police where he has assaulted officers and he is known to carry weapons. The subject jumped toward an officer and the officer September 2020 Use of Force Report deployed their Taser. The Taser was effective and the person was incapacitated. EMS was summoned and treated the defendant for injuries received after falling during the Taser deployment. BWC in compliance and no injuries to the officer. Late Night 9/26 2020006148 Trespass Y Officers responded to a business for Watch — reports of a fight. Officers arrived two officers and found a person physically assaulting employees and customers. They intervened and the subject assaulted officers by swinging his arms and punching at _-. them. The officers grabbed onto his arms to arrest him and the subject fought and had to be pulled to the ground to get handcuffs on. Once in the police car, he tried to kick out the patrol car windows. BWC in compliance and no injuries to suspect or officer. Day Watch 9/26 2020006160 Mental N Officers responded to Youth Homes — two Health for a juvenile who was attempting to officers stab other juveniles with a knife and suffering from minor self-inflicted cuts. Officers made several attempts to de-escalate and no longer had a knife, however the female physically assaulted officers by pushing passed them, then kicking one officer in the groin. The officers grabbed the female's arms and legs to prevent her from further assaulting them and placed her on a gurney. She was then transported to the hospital for psychological examination. BWC in compliance and no injuries to suspect or officer. Evening 9/26 2020006173 Mental N Suicidal female agreed with officers Watch — Health to go to the hospital after she stated one officer she had taken a lethal dose of medication. While walking to the ambulance, she took off running and ran into an officer and fell to the September 2020 Use of Force Report ground. The officer attempted to restrain her and she physically resisted, so the officer pulled her arms behind her back and handcuffed her. The officer got the subject to calm down and got her to sit on a gurney and she was r° transported to the hospital for psychiatric observation. At the 4. hospital, the female again tried to run and fought with the officer. The female again fell to the floor and the t officer held her there at the request of hospital staff until their staff took over. Verbal de-escalation was utilized by this officer throughout this incident. The officer sustained a minor injury to their shoulder during the altercation. BWC in compliance and no injuries to suspect. Evening 9/29 2020006218 Domestic Y Officers responded for a domestic Watch — Dispute dispute where a female had cut her three sister and threatened her mother officers with two knives. Officers immediately recognized the suspect was having a mental crisis and utilized de-escalation techniques for a considerable time and were able to ensure she did not have weapons. Officers grabbed the female by her arms and legs to control her. She was assisted into a gurney and taken to the hospital where she was treated for a self-inflicted cut as well as a psychiatric evaluation. No injuries reported as a result of the force used. BWC in compliance and no injuries to suspect or officer. Evening 9/30 2020006259 Intoxicated N Officers responded to a gas station Watch — Subject for an intoxicated male and decided one officer to take him to the hospital for detox. At the hospital, the subject yelled and screamed and acted disorderly. He was then assaultive towards hospital staff and officers and began punching a wall and trying to rip out September 2020 Use of Force Report oxygen from the wall. At hospital staff's request, the officer grabbed the subject's arms and forced his hands behind his back to get him in handcuffs until sedated by medical staff. The person then received treatment and was not charged. BWC in compliance and no injuries to suspect or officer. September 2020 Use of Force Report Mm November 5, 2020 Iowa City -City Council City of Iowa City 410 Washington Street Iowa City, Iowa 52240 RE: Community Police Review Board Annual Community Forum The Iowa City Community Police Review Board (CPRB) held the annual Community Forum on Monday, September 21, 2020 at 5:30 pm. Due to the Covid Virus the program was held virtually via Zoom. Board members participating in the forum were Vice Chair Orville Townsend, Jerri MacConnell, Latisha McDaniel, Amanda Nichols, and David Selmer. Staff participants were Legal Council Patrick Ford, Staff- Chis Olney and Kellie Fruehling The Vice Chair opened the forum to the public and the following individuals participated: David Drustup, Leslie Carpenter, Amel Ali, Margaret Fuller, Angie Jordan, Sabri Sky, Anna Blaedel Aaron Page, Meredith Chen, Eric Harris, Tammy Nyden, Temple Hiatt, Caroline Dieterle, Rich Mathias. The following topics were discussed: • Remove funding from the police and have trained professionals respond to calls in the community • Have trained mental health professionals accompany police o mental health calls • Make the Community Police Review Board's availability better known to the public • Inquiry about the type and level of information that is provided to the CPRB from the Police Department • Schedule CPRB meetings more regularly for public engagement • Individual was a member of "Moms Demand Action for Gun Sense in American" • Inquiry about the tear gas incident in June and the City Council's hiring of and independent firm to investigate it. • Discussion of the escalation of violence that we're seeing in this country. Final Topic The Vice Chair shared information related to the Community Police Review Board's functions and the services available. The Vice Chair thanked everyone for participation and mentioned that the program would be available on TV Channel 4. The forum was adjourned at 6:53 pm Orville H. Townsend, SR., Vice Chair (Transcriptions are available at ICgov.org) Page I Community Police Review Board Community Forum Transcription Community Police Review Board (CPRB) Annual Public Forum — September 15, 2020 Zoom Meeting Platform Members Present: Jeni MacConnell, Latisha McDaniel, Amanda Nichols, David Selmer, Orville Townsend Sr. (Vice -Chair) Staff Present: Legal Counsel Patrick Ford. Staff Chris Olney, Kellie Fruehling Others Present: Interim Police Chief Denise Brotherton Roll Call: Townsend: Good evening and welcome to the, uh, our City Community police Review Board forum. Uh, first order of business is roll call. Uh, will you please indicate with present if you're here. (mumbled) MacConnell. MacConnell: Here. Townsend: Daniels. McDaniel: Present. Townsend: Nichols. Nichols: Present. Townsend: (mumbled) Sehner: Sehners here. Townsend: Selmer and Townsend, here. Uh, next, item two, introduction of board members. So, uh, David, would you start up? Introduction of Board Members: Selmer: Sure. Now, I don't know what the forum is going to be. Are we doing like more of a background or just introducing ourselves? Townsend: Introd ... introduction of yourself, just how long you've been on the board, you know, uh, any other, uh, activities you're involved in, I guess. Selmer: Sure! Um, I'm David Selmer. I've been on the board now, this is my third year, and, um,1 come from a ... a law background originally. Um, I did civil rights practice and I, uh, defended Police officers in Chicago, Illinois, for a while and then 1, um, ended up litigating civil rights cases on behalf of, uh, plaintiffs against police officers in Chicago for a while. Um, I now own This represents only a reasonably accurate transcription of the Iowa City CPRB Annual Public Forum of September 15, 2020. Page Community Police Review Board Community Forum Transcription my own business here in Iowa City. I've lived here with my family for, uh, I'd say going on almost 10 years now, um, somewhere around there and, uh, and ... am ... am proud of this community and ... and proud to serve it in this role. Townsend: Okay, thank you. Okay. MacConnell, would you like to share something with us? MaCConnell: Um, sure. I'm Jerri McConnell. I've only been on the board a few months. Um, I was a psychiatric social life... social worker in my real life before I retired. Townsend: Thank you. (mumbled) McDaniel: Hi, my name is Lathisa. Uh, I've been on the board for about two years. Urn ... um, I also serve on the board for the Iowa City (garbled) and also (garbled) the ACLU Chapter, um, in Iowa City. I've been in Iowa City for about, um, about eight years, and I'm originally from the south, so, um, Texas. Louisiana. Townsend: Thank you. Okay, Nichols. Nichols: Hi, I'm Mandy Nichols. I've lived in Iowa City for over 20 years. I worked at the University Hospitals and Clinics, and I'm the Director of Corridor Community Action Network. I've only been on the board since July. Townsend: Okay, thank you. And I'm Orville Townsend and I'm starting on my second term and, uh, (mumbled) I'm a member of the Black voices Project and I'm also on the, uh, with the ... our University of Iowa Black Alumni Association. So thank you for sharing your introductions again. (mumbled) three. We need to, uh, a motion to ... consider motion to accept, uh, correspondence and the documents. Uh, I need a motion. Nichols: Motion. Townsend: Okay. Motion. Uh, and a second? Selmer: Second. Townsend: Okay. Motion and second. Okay we ... we only received one .... one, urn ... one correspondence, and I ... if I can find it here I'll .... I,11 share it .... share that with you. And that was from .... I .... some reason don't have it with me here. (mumbled) It was the correspondence from Angie and Jason, and their... question was to do with, uh, whether or not the managers in the police department were hampered by, uh, union contracts. And, uh, based upon a response that I received, I'll share that with you. The response is, uh, the ICPD union contract and negotiations do not limit the actions of police chief (garbled) to address negative/unacceptable behaviors of officers and staff. As stated in Article 2 in the contract between the ... our city ...and the police union relations organization of our city, management rights include the power and authority to suspend or discharge officers who for —for proper cause, and to determine and implement methods, means, assignments in personnel, by which its operations are to be conducted, and to develop and enforce rules of work and safety standards. So that's, uh, you know, the response from the City to, uh, Jason and Angie's, uh, response, uh, request. Uh, next —F—ulitb uiuy a reasonaoly accurate transcription of the Iowa City CPRB Annual Public Forum Of September 15, 2020. Page 3 Community Police Review Board Community Forum Transcription one, a business. Selmer: Orville, was that gonna be typed up and, um, submitted with our documents, do you know? Townsend: Uh, that was, uh, I think basically, uh, Chris can basically have that in the next packet. Selmer: Okay. So the written response will be available to the public, right? Townsend: Uh, yes. Chris, uh, am I correct in assumin' that it can be made available to the public? Olney: Yes, I will put it with the draft minutes of the forum. Orville, you still need a vote. You've... you've had a motion and a second, so we need to vote. Townsend: Uh, now we, uh, have the motion. Now can I get a motion to accept the, uh, correspondence? Olney: Orville, you already have the motion. You just need to ask all those in favor or opposed. Townsend: All those in favor of receiving correspondence, let it be known by saying aye. Against? The ayes have it and motion carries. Public Discussion: Townsend: Uh, I have some things 1 need to share with you first, and, uh, beginnin' with City Council has requested a report and recommendations from the CPRB regarding changes to the CPRB ordinance, that enhances its ability to (garbled) effective civilian oversight to the Iowa City Police Department. The board welcomes any suggestions or comments from the public, and before we start public comments, I'd just like to share with you, uh, if you are participating on Zoom from your computer, uh (mumbled) that you use the raise hand button and you will be called upon to speak. If you have called in by phone, you can press *9 to raise your hand. Comments will be limited to three to five minutes depending on number received. Also, will you please state your first and last name before you began to speak. Okay. Thank you. Iowa City: It looks like our ...our first speaker is David Drustrup. Townsend: Okay, David! Drustrup: Uh, can you hear me okay, Mr. Townsend? Townsend: Yes. Drustrup: All right, thank you so much for having me. My name's David Drustrup. Um, just wanna, uh, thank you all for havin' this, uh, for taking the community input. Um, think it's a ... a reall) important aspect of, uh, of all this work is allowing the community to be the ones who ... who decide how we are policed. Um, so City officials often like to use the phrasing `systemic racism,' um, but... but often what we hear are solutions that are only reformist and actually non -systemic. So the great Dr. Angela Davis recently pointed out in an interview that reforms This represents only a reasonably accurate transcription of the Iowa City CPRB Annual Public Forum of September 15, 2020. Page 4 Community Police Review Board Community Forum Transcription are the things that got us to this point. And so why do so many well-meaning liberal people simply ask for more reform, and she points out that most of these people, um, lack historical consciousness, as she calls it. So Dr. Davis and other scholars point out that reforms are actually (garbled) that we've always tried to do things like additional police trainings. We've tried diversifying police force. We've tried to making changes to the police technology. But these are all reforms that have failed at achieving meaningful change. She reiterates reforms are what led us to this place today. So if we wanna address systemic racism, we must have a systemic solution. So that means changing the underlying function of police, and anything less is non- systemic, and the reason the police have always operated as a racist and classist institution is not because there are individual police officers who are bad people, although this certainly can be true. It's ... it's because the institution has been tasked not to provide protection and safety, but to simply keep order, and when the officers are granted the individual discretion on how to keep that order, um, the order that they believe is most important (mumbled) inevitably harm those who have less social power. And so that means in Iowa City the immigrant and refugee community. It means BIPOC folks. It means LGBTQ and financially insecure people. Meanwhile, people who are white or financially secure, who ... or who might be part of well -respected organizations or groups in Iowa City, they all have social power and they very often push back against policing changes cause they know that the police and the current social system largely protect them. So instead of repeating another round of reforms, we must invest in the people who have been unloved by power in Iowa City. So this means increasing their power by increasing their access to services and finances that allow them to be safe and don't even need to interact with the police in the first place. So this means mental health, housing, food, and more. In the meantime, we must remove funding from the police and instead have trained professionals respond to calls in the community. So, for example, for mental health calls, we need mental health professionals responding, not police. Police are trained in punishment and only have about one week's worth of training every single year. Compared to mental health professionals who have entire years of training every year. So the community meeting the ... the City Council hosted last week, um, showed how little funding these organizations receive and how much better they could be... how much better they could serve our community, if they had the right funding. There was extremely broad support at that meeting for the idea of mental health professionals handling mental health calls. So we know the community wants this. It's just a matter of whether our leaders have the political will to give up some of whatever connection or power they have with the police department. And these rapid response teams can be modeled off of other cities such as Eugene, Oregon, where they handle calls for mental health, homelessness, substance use, domestic abuse, interpersonal conflict, and so much more. The really thinly funded department in Eugene, saves the Eugene government over $5 million a year by their own government's estimates, in, uh, diverging away emergency room visits and ... and allowing police to do things that they're actually trained to do. Also Councilor Thomas on City Council's introduced the idea of limiting or eliminating road traffic stops by police, which has resulted to Iowa being one of the worst states in the country in disproportionate minority contact. So Councilor Thomas's proposed instituting more traffic cameras at busy or dangerous intersections. I think we should seriously consider support for Councilor Thomas's proposal, insofar as that technology is not used to disproportionate... disproportionately affect communities of color or BIPOC individuals. Thank you all so much. Townsend: Thank you, David. This represents only a reasonably accurate transcription of the Iowa City CPRB Annual Public Forum of September 15, 2020. Page 5 Community Police Review Board Community Forum Transcription Iowa City: I currently do not have anyone else with their hand raised. Oh, here we go. Aaron Page. Page: Mute now. All right, everyone can hear me? Hi. Um, yeah, I'm just ... I'm trying to ... I'm sort of new to the system and just trying to like look at, um, how the CPRB operates and what the record is in the last couple of years, and one of the things I guess I didn't totally understand was these layers, levels of review, um, and I know there's a level that specifies interviewing or meeting with the complainant. Um, I guess I wasn't sure, you know, uh, I look ... I looked at a lot of different reports and complaints over the last years, and I didn't see any evidence of...of that level of review being specified. And I was wondering, I mean, does that mean that the CPRB does not meet or has not in the last couple of years met with any complainants to hear their side of the story, or (mumbled) I guess I'm just wondering if there's a piece of this that I'm missing, if there's some sort of other ...if it's typical to meet with complainants on a more informal basis or if not having that level review doesn't, you know, means something else or something, I don't know if that's, um, understandable. But I guess I was -to the degree it suggested that the CPRB wasn't meeting with complainants. It was something that I was sort of struck by. I guess Pm not sure if I'm able to ask questions in this forum. But ... but this was just something that I was, um, looking at. So I'll ... I'll put that out there. I could, I suppose I could also bring this question in a different forum, if that's more appropriate. Thanks. Selmer: Orville, do you wanna take that one first or you want me to... Townsend: (garbled) I'll just start off by saying that, you know, the, uh, you know, the board, we basically (garbled). We ... we eventually have access to the information, and we take a look at and process all of the information that's available to us. Most of the time, you know, we have enough information to feel comfortable making a decision to do what we need to do. But if we ever get to the point where we don't, we do have, uh, the capacity to request to meet with the individual. So that's something that the board can ... can do. Selmer: Yeah, I'll just piggyback on that (mumbled) I think raised some good points. That ... that's a first step that Pat always reminds us during our meetings is we have to set the level of review and we take it seriously. Um, I think, number one, every complaint that comes through already has a narrative, um, that explains their side, as you ... as you put it, the complainant side. Um, and then we wouldn't be looking at things until after, um, the police has already responded and kind of flushed out some of that. And ... and most recently, ever since I've been on here anyway, uh, there's been police video body camera and car camera that we've been able to watch, um, in almost every single... every one that I can remember, um, that really helps kind of. witness, be a ... a direct witness to repeat events, um, so that when we do set that level of review, I think I've been very comfortable, um, so far, after having reviewed all evidence to not need a fiutber interview to ... to understand what happened, understand the ... the claims by the complainant. Um, to the best of my recollection right now, um, that we have not asked for that, and that would be for that reason, but it is a possibility if we wanted to ... to bring them in and ... and, uh, to do other things, such as hire an investigator, if we needed to, um, within that same ordinance allowance. Iowa City: Uh, next we have Leslie Carpenter. Carpenter: Hi there. Can you hear me? . lub 1w1uNents umy a reasonawy accurate transcription of the Iowa City CPRB Annual Public Forum of September 15, 2020. Page 6 Community Police Review Board Community Forum Transcription Townsend: Yes. Carpenter: Okay, great. This is Leslie Carpenter. I am an advocate for people who have serious brain disorders like schizophrenia, bipolar, etc. Um, I'm highly active in our community with NAMI Johnson County, as well. Um, I just wanted to, um, agree with the idea of having trained mental health professionals, um, accompany police on mental health calls. I think that's highly appropriate, um, but I do want to point out that the only reason that the police get involved in the first place is because all other systems in the mental health treatment system have failed, and they are allowed to say no. Police are not allowed to say no. And unfortunately, that's what's caused many of the crises that we see today that do tend to adversely affect people of color more than white people. Um, so I think part of the solution is having mental health professionals accompany police. Unfortunately, I think we're going to find a shortage of those types of professionals being available, as we're already ranked pretty low on the totem pole for the number of mental health professionals in our state in the first place. Um, I'd be happy to have a more extensive conversation at some other point in time, um, but just wanted to make the point that yes, it would be better to have mental health professionals or social workers agree, um, and assist police with these calls, and to help to de-escalate them further. Um, but we do need to face the reality that we still need to work on a state and federal level to fix the overall system. Thank you. Selmer: Very good points. I ... I think that's a very profound point and, uh, also Mr. Drustrup's points. And I just wanna add to those things my own impression is. The police also are, a lot of times, responding to these issues with mental health, um, where there needs to be some type of, um, Policing, so to speak, uh, to ... to protect safety and, uh, and to sometimes the... there's violence and the threat of violence that accompanies a lot of these, um, complaints, where sending just a mental health worker that might not be trained in police tactics is not enough. (both talking) ...very complex issue. Townsend: Yeah, I just like there that, you know, when it comes to mental health, that's a very sensitive area because ... the number one goal has to be for the police officer to basically get control of the setting so that it becomes a safe environment for an individual who's in a crises. And basically his or her thinking is such that it's not advantageous to him. So, you know, this is a plus - negative. The plus is that the person in a crisis now has someone there that wants to help them. The negative is the person that's there tryin' to help them are police. Basically are trying to get control of the situation to assure that the person is not gonna hurt his or herself. And I guess a lot of times with (mumbled) on this can really be misinterpreted. But, you know, it's, uh, I ... I think our standing basically has done a good job in terms of advocating for, you know, mental health, but we do have a ways to go. I agree. Iowa City: Okay, uh, next speaker is Meredith Chen. Chen: Hello. Can you hear me? Townsend: Yes. Chen: Hi there. So I'm also following up on David Drustrup's point on mental health and response. This represents only a reasonably accurate transcription of the Iowa City CPRB Annual Public Forum of September 15, 2020. Page Community Police Review Board Community Forum Transcription Um, also taking into mind (mumbled) Carpenter's response. I am actually a former resident of the Willamette Valley, Oregon, and somewhat familiar with the Eugene CAHOOTS program. Um, my sister having been able to use it at one point. Um, just, I think —my reflection here is that emergency medical response used to be conducted by the police, as well, um, including traumatic injuries. Until a group, one of the, um, earliest groups was the Freedom House Ambulance Service, which was built up in Pittsburgh by a group of black folk, which were otherwise not being treated, urn, and they encountered a lot of roadblocks and... limitations. However, they really were the pioneers of -that program, which was also just assumed to be under police control. Um, so I would ... I don't have very articulate statements here, I'm sorry (laughs) to say, but I would encourage looking into it. As a ... as a... brainstorming thinker, I think there's a way that we would make it work (garbled) taking that additional burden off the police might be for everyone's better interest. Thank you. Nichols: I also kind of want to respond to that whole topic of conversation and what you said, Orville, about, um, you know, the police's goal in those situations to be to keep people safe, um, but in order for a situation that is unsafe due to a mental health incident to become safe, the person who is experiencing that mental health situation has to feel safe. And... unfortunately, when they ..are dealing with a crisis, having ... being approached by usually multiple armed individuals, does not tend to make that person feel safe; and therefore, they don't tend to ... they tend to have a big barrier to creating a safe situation that doesn't cause additional trauma. Townsend: Good point. Iowa City: Okay, we have a Amel Ali. Um, and then Eric Harris, and then we'll circle back to Aaron, Aaron Page. I apologize if I cut you off before you were done. Ali: ... hear me? Selmer: We can. Ali: Okay, perfect. Um, hi, my name is Amel Ali. Um, I have lived in Iowa City for probably almost 21 years now. I'm an immigrant from Sudan, um, and I really love this community and...I care about it a lot and it sucks because I did not ever know that there was a Community Police Review Board. Um, it would have been, you know, in situations that I was in in the past, it would have been helpful to know that there was this type of board that I could come to, um, if I felt like a situation was handled improperly. Um, and so I wanted to maybe like make a suggestion and see if there was any way that you could kind of make it more known that you guys are available as a resource. Um, whether it be, you know, taking like the cards that you get from police officers and writing something on the back like hey, if you have any issues, uh, please reach out to us and tell us about your experience, or something along those lines, just because I think it would be, um, helpful for people to know about this because I definitely.. didn't hear about this at all until a couple of months ago. Nichols: Think that having basic CPRB contact information printed on the back of officer LD. business cards is a great idea. McDaniel: Yeah, I would agree with that, and also just trying to make more, um, availability, as far as --a .rya —Lb u,uy a rcasonamy accurate transcription of the Iowa City CPRB Annual public Forum of September 15, 2020. Page s Community Police Review Board. Community Forum Transcription this information, um, either through online or, um, I think we've talked about maybe having more than one forum a year, um, to kind of just, I mean, just having one a year seems like it's ... it kinda leaves people's mind and people forget about that we're actually here. Um, and just having it ma —maybe more than once a year will kind of -and start building that kind of, um, connection and communication with the community more will help with, urn, you know, with people, um, discovering the board. Iowa City: Eric Harris is next. Harris: Okay. Yes, my name is Eric Harris. Um, I live in the South District neighborhood. I'm also on the Leadership Council of the South District Neighborhood Association, and I'm also a employee of the Shelter House. So I want to comment on the comments I heard about, should there be mental health, um, mental health people that should accompany the police when they have cause of, you know, people havin' disruptive behavior, or of people havin', ya know, some type of (mumbled) like some type of mental issue, like whether it be induced by alcohol or drugs, and bein' that I work at the Shelter House, I'm right there on the front lines, um, in that same area. There is,, um, a drug treatment center, um, that's gonna be the Access Center soon in that area, and bein' that I see things happening on the front line, sometimes when the ... when the like law enforcement shows up to deal with people who are Navin' issues, sometimes what I think and what I see is that they're confused on what to do. Um, they don't want to scare a person but they wanna help the person, which I can't say that I see him do a good job at it, but at times they don't have any response because theyre not sure of what to do with the person who's havin' an episode or experiencing anything or being disruptive, and some of those times. —like, excuse me, like some of those times those people, um, don't need to go to jail. They, you know, that needs some help and bein' that, you know, I'm on the front, I felt that it was my right to, you know, at least try to make, you know, like just make people aware of that, you know. So I do agree with the need for ...some mental health people to come out with law enforcement. Thank you. Townsend: Thank you. Yeah, I'd just like the, you know, kind of...kind of thinking in responding to that. Uh, I think we have a national movement now where there's a lot of forcing, uh, in terms of eliminating our police departments and, you know, obviously I personally wouldn't want to see this happen, but I kinda get the feeling that down the road what ... what may ha .... hopefully what will happen is that we're gonna have some changes (mumbled) you know, not necessarily eliminatin' police departments but, you know, initiating some changes that basically it's going to make our departments more efficient in terms of how do we provide not only needed services to citizens, but also effective, and that means that, you know, we're gonna have to change the way we do things, and I ... I think it's gonna be interesting to see, you know, what our police force is gonna look like in the next five years. Selmer: And carrying that forward to the courts as well. I had the pleasure of working in Iowa City, um, with ... the drug courts, and I found them to be incredibly effective and a good means towards the straight up penalty -type of enforcement and ... and handling the issues where you can actually work with people to help them get to the right personnel, and if we can start that in a more proactive sense, right from the incident, uh, it's great. I think one of our concerns that Orville and I addressed before too is, you know, I think it's been (garbled) commented on is .... is just, we have a difficult time drawing that line of how do you hand off the situation This represents only a reasonably accurate transcription of the Iowa City CPRB Annual Public Forum of September 15, 2020. Page 9 Community Police Review Board Community Forum Transcription where people are needing safety, and ... and that help of the police and yet also needing the safety and help of somebody with, um, more mental health training, like where does that ... where's that line get drawn, and I think it's a great conversation that we all need to have and we just have to be very cognizant of all of the complexities. Iowa City: We're gonna have Aaron Page, and then we'll have Margaret Fuller. Page: Yeah. Hi. Um,1 mean I guess this is sort of in an emotive follow up on ... on, you know, with the benefit of the information I received to my question. Uh, so, you know, I mean I guess that the ... that the board is not actually talking to complainants and, you know, to some extent it's to ... to address that, to express some dismay about that, because I think, um, that would be very concerning for me. I mean, I think ... I am an attorney, so part of me is looking at this just as a fact-finding issue. I mean the idea that the board is sitting down with on the one hand a police report that's been fully researched by an institution, um, and then on the other hand, you know, a pdf Aike a form, oftentimes probably a handwritten forth, right, of ..of just a couple of -an initial impression by the complainant and having to make a decision on that. That doesn't seem remotely fair, and it seems like there's gonna be a lot of complications and a lot of other nuances that would be left out, and that you'd wanna pick up by actually talking to the person who went through this. Um, and I understand that there's body cam video in some cases, or maybe all cases, but even body cam video, of course, can be contextualized or explained, or, you know, I just don't understand why that decision wouldn't be made without the benefit of hearing from —the complainant and certainly my exposure to other citizen, you know, other boards like this in other cities, uh, receiving... receiving and interviewing the complainant is just ... it seemed to be the bedrock function. And it's also part of, I guess the last thing I'd say is it's part of the mediating function, I think, between, you know, the ... the injured individual, who considers himself injured and the ... and the police, and I guess I'd encourage the board to think about, you. know, what this process looks like from a complainant standpoint, in the sense that they feel, you know, they genuinely feel they've been injured. I think we all know that. You know, these aren't fraudulent reports, that, you know, they fill something out and they send it in. And then they get back, without even being contacted, they get back a, you know, some sort of a notice that their complaint isn't being sustained and they weren't even allowed to explain their side of the story to anybody. 1 just wonder if that actually inflicts even more, you know, injury on the perc... you know, on the perceived fairness of the situation. Um, so that ... I find that really surprising and sort of a difficult fact, uh, but also... anyway, and I'll just ... I'll end it ... I'll end it with that ... with that comment. Thank you. MacConnell: Definitely see that point of view. Iowa City: Okay, we'll have Margaret Fuller, and then Angie Jordan. Fuller: Hi. This is Margaret. Um, I have a couple questions. Uh, one question I had is sort of a basic one. I've never attended, uh, this committee presentation before and I'm wondering as far as, you know, kind of some people are talking about more radical transformation of the police department beyond simple reforms. So I was wondering what role this committee has in something moving forward like that. Do you have any, um, any influence in that direction, or do you deal with cases on a case -by -case basis? That's my first question. Do you guys want to address that before I ask my second question? This represents only a reasonably accurate transcription of the Iowa City CPRB Annual Public Forum of September 15, 2020. Page 10 Community Police Review Board Community Forum Transcription Nichols: We have the authority to make recommendations to the city council for policy changes (mumbled) Fuller: Okay, so you communicate directly with the —with the Council. Townsend: (mumbled) ...on a case by case basis, you know, as ... as complaints are filed, then, you know, part of the process is after the police chief (mumbled) use it and makes a decision. Then it comes to the board. We take a look at it and review it, and we make a decision, and then we send a written report to the City Council with our findings. Fuller: Okay, great. And then my second question is about, sort of the level of information that's provided to you from the police department. So you were talking about a case -by -case basis, but do you also get information about the frequency of certain routes being traveled, the locations of different numbers of arrests in different areas, like are different neighborhoods being over policed? Do you have that sort of higher level data, um, you know, like the ... the race of different people who are, you know, force is being used disproportionately. Could that information be accessed by your committee? Townsend: I would say basically we ... we do it on a case -by -case basis. And we do have access to all of the information that's pertinent to that ease, uh, the officer's, um, cam ... body cameras, the squad car, you know, camera, uh, basically we have access to that. And if we feel we need more, then we can request that. (several talking) Selmer: She's asking more about. Yeah, go ahead, Amanda. Nichols: Um, I think she's asking a broader question about more about being able to see trends like some of the kind of, um, detailed recommendations that were made for some of our ...our changes regarding quarterly reports and things like that. On ... (mumbled) Selmer: So yeah we do get quarterly report (both talking) but yeah. Do you wanna answer it then, Amanda, about the quarterly reports and things? Nichols: I guess I'm ... I'm not quite sure yet since I've only been on the board for a couple of months how much information... precisely we get in that. I know that there were some recommendations made to ... start to get more in in quarterly reports, but I'm not sure what we get now. McDaniel: Yeah, I don't actually remember how much information we get in the quarterly reports, which means that it's probably very little information that's in the quarterly reports, if I don't remember it. So (laughs) yeah, but if, um, the, uh, if, like David or Orville who's been on there. I mean I've only been on there for two years, but I don't...I honestly do not remember it having a lot of information. But maybe someone else can remember. Townsend: I think we get quite a bit of information, but unfortunately I don't think we get the information that the ... that the young lady was, you know, talkin' about. This represents only a reasonably accurate transcription of the Iowa City CPRB Annual Public Forum of September 15, 2020. Page I t Community Police Review Board Community Forum Transcription McDaniel: Yeah. Yeah, I agree. Selmer: So we do get, um, several pieces of information. Um, we get, um, things including the number of complaints that were filed, um, to the police and the complaints that we reviewed, um, the times that the chief sustained them, the times that we sustained them. Um, we get some other information regarding arrest. Uh... I ... I ... we get all of those things. We've also got, as far as the Police Review Board goes, a ... an opportunity, a charge so to speak, from City Council to recommend, um, things that we might want as board members to try and enhance our oversight of the police department, and we are in the process of developing that report. It was just given to us a couple, um, months ago, and we're getting some more information and feedback from other members as well. The, uh, one of the proposals that we are all, um, addressing... enhances some of that information closer to what you've, um, kind of touched upon, Mrs. Fuller, um, about the —the number of arrests in different areas, the, um, demographics of those arrests or stops, um, where excessive force may have been used, um, more weapons are drawn, those kind of, um, issues. Something that we are right now debating amongst ourselves about, um, perhaps what we might want to ask the City Council to have provided to us so that we can en... enhance our oversight with those ... with that greater amount of additional information. The quarterly reports, um, so that it's not a memory test here for the Latisha or anybody else are available as public record, as well. So, um, you're welcome to go and ... and see what we are given, um, and to kind of look for some of the trends, so to speak, and ... and those type of things as well. Um, it should be available on the ... on the website. Fuller: Yeah, it seems to me like that information is, uh, almost even more important than individual case information, um, at least as important, I think, for the board to be able to review the police department behavior overall, instead of on a microcosm. Townsend: I think it's important that we remember that we are ... an advisory board, but luckily with what's been going on and the charge we recently got from the City Council, we ... we're going to be able to, you know, talk to past board members, uh, collect information, uh, what we're talkin' about, and this forum is going to be important, you know, we'll be gettin' good information from it. So we're gonna be submittin' a report with recommendations to the City Council that hopefully will strengthen, you know, our board's presence, but also staying within those boundaries of being an advisory board. Fuller: Thank you so much. Iowa City: Okay, um, we'll go to Angie Jordan, uh, followed by Tammy Nyden. Jordan: Hello. Can you hear me? Townsend: Yes, can hear you. Jordan: Awesome. Thank you guys so much for having this. Um, I've got a few different things, so I'm just gonna kind of put one out there and see what happens. Um, one, I just wanna really agree with mostly everything that's being said by folks. Uh, another thing too is I'm a huge supporter of you guys meeting, uh, more regularly for public engagement. Um, I'm excited that our Iowa City Police Department is going to be coming to our South District Neighborhood Association Ims represents only a reasonably accurate transcription of the Iowa City CPRB Annual Public Forum of September 15, 2020. Page 12 Community Police Review Board Community Forum Transcription meetings regularly to give us updated, current neighborhood information that we request. Um, I think we need more of that in all neighborhoods, personally, um, but especially in the ones that, in my opinion, are underrepresented and underserved sometimes, and over served and all the things. Um, something that I was...just warm make sure it gets put out there is ... neighborhood engagement, um, having a social worker, a mental health worker. I hope this becomes part of the policing team. I also hope that there are neighborhood liaisons, uh, folks that are from the neighborhood, residents that have stepped up into leadership positions that can be called upon. We have our own little task force in the South District that goes out and, um, checks in on folks. Uh, we wanna be utilized. The neighbors and the residents from these communities, we ... I'm saying it, I'm one of `em. We want to be utilized. So how do we get integrated into, uh, kind of reforming the police. I would also ... and I know I'm going on and on, but I'm just gonna spit it all out. Um, is there a possibility for residents, uh, to be part of hiring and training processes? Is the CPRB ... are you guys already able to make recommendations on that, and (laughs) are you all involved in making recommendations for union contracts that are being renewed? So it's a lot of stuff there. I don't know what you guys wanna chew on, but thanks for this opportunity. Selmer: Amanda, do you wanna take (mumbled) Um, I think there was a couple questions in there, and I think there were some good points. Um, some things the board right now has capacity to ... to do and some things we don't. Um, hiring and training, we're not involved in ... in that. At this time we are, again, one of our proposals, um, that we are considering as a board is recommending to the City Council is that we might be more involved in the discipline, uh, side of it, to hear what discipline might happen, and tied to discipline would be training and additional training, um, for officers if misconduct was found. Um, we do, uh, get briefed on what the officers coming out of the academy and things that are ... are trained on and... and those (mumbled) um, but, uh, we don't really have any direct oversight of that. Um, as far as union contract, we have nothing to do with that. Um, and we have not reviewed that. Um, it's not really within our capacity. I think one thing that we might want to clarify, um, is that ... my understanding, and again this is just limited my understanding of what the CPRB was meant to do, especially when we first came on. Um, the term was basically to review complaints that were made directly on a case -by -case basis, uh, about police misconduct and look at that individual case, more than anything, and determine whether or not we ... agreed with the police, um, recommendation that there was misconduct or not misconduct. And ... and where we disagreed, or where we agreed, we'd file a report to kind of just alert, um, the City Council about it. That was ... that was our primary function. We also looked at policy, um, and reviewed policy and to make some certain changes, or recommendations for changes, again just recommendations. That was it. And, um, we were one of the only ...we were the only in Iowa, we were one of the only, um, even doing that as a Community Police Review Board, and, um, this new wave of, you know, what else should we be doing is, as a community and as civilians, and, um, trying to overs ... oversight and give oversight to the police is ... is fantastic. It's great. But, the board is ... is metamorphosizing right now, from what we were (laughs) from a long time ago. So your kind of suggestions I think are fantastic, and we need to just, um, (mumbled) like where we are, where we were and how quickly we can change, and how many —how many hats a five -person team here can actually wear at one time. And if we can delegate some of that, I'd be all for it. Townsend: And as I mentioned earlier, we are an advisory board. Uh, I don't think we want to get into discipline or, you know, trying to tell, you know, the police chief what he should he or she This represents only a reasonably accurate transcription of the Iowa City CPRB Annual Public Forum of September 15, 2020. Page 13 Community Police Review Board Community Forum Transcription should do, but at the same time, I think it's important that we take advantage of the opportunity that's been presented to us to do everything we can to make sure that we're not a token board. That we're just not hereto have a name to make it look like we're doin' somethin'. I think it's important that, you know, we as a ... as a board have something to offer and. I'm hoping that we can get to the point where we have some not necessarily powers, but, you know, to make sure that we are makin' a difference. Selmer: (mumbled) answer most of your questions, Miss Jordan? Jordan: Thank you. Selmer: Thank you for what you do. Iowa City: Um, we'll have Tammy Nyden, and then she'll be followed by...cops and she just disappeared. Uh... there she is. Should be followed by Temple Hiatt. Nyden: Can you hear me? Townsend: (garbled) Nyden: Okay, thank you. Um, I ... I want to thank you for holding this and, um, reiterate some of the things people have already said, but add a few things. When it comes to mental health, the police involvement is usually going to escalate as opposed to deescalate situations, and one thing to think about is doing an audit of how many calls are wellness checks and mental health related, and considering that ratio, and then consider moving that funding into creating a new agency that focuses on mental health and the training that is specifically mental health and de- escalation and not in control. I'm concerned because sometimes the police end up being called in and even in hospitals for symptoms that are related to mental health illness, because we don't currently have the kind of mental health training that we need for very violent cases, and we need to rethink that as an earlier speaker said, about having a different kind of training and a different kind of agency, and as, urn, Leslie Carpenter pointed out, that's going to mean thinking about, um, workforce, and so we have to think about that as a long-term goal. I wanted to add one other piece that wasn't mentioned and that is we have to think about the role of racism and mental health (garbled) and how if you are from a group that has been disproportionately punished in a community, seeing somebody in uniform and with weapons, um, is going to raise your anxiety, um, in a way that is rational, and um, going to exacerbate, um, a mental health response and so we need to consider that. Thank you. Townsend: (both talking) McDaniel: I would also like, yeah, I would also like to also add that, urn, that we're also going to be dealing with medical racism. So even if we are ... even if police or, um, social workers are dealing with someone who has been identified as having a mental health issue, sometimes us as people of color are also not believed to actually have mental illness (laughs) so, um, we're also (laughs) So we have to actually also deal with not only the fact that, you know, we have police that are not, um, prepared to deal with people who are, uh, who are having episodes or mental... mental issues, but also the fact that sometimes people don't even believe that people of color This represents only a reasonably accurate transcription of the Iowa City CPRB Annual Public Forum of September 15, 2020. Page la Community Police Review Board Community Forum Transcription actually have mental issues and that oun..our, um, aggressions or are, um, some of the episodes we're going through are n... are relate to something else, usually either drug or alcohol or just, you know, just, um, aggression in general and not actually... we're not dealing with any kind of a mental episode. So that's something we also need to think about. Townsend: (garbled) I think a lot of people (mumbled) but mental health population is the last law to them (mumbled) would even imagine, and it's probably one of the more difficult populations to address. I mean, you've got a perfectly normal actin' person who's that way because they're taking a medication. They may start taking medication, but you never know when an onset of mental illness episode is going to happen. So, I mean, I personally feel that if we ever get to the point that were gonna adequately address it, we're gonna have to go to some form of a team, where you've got law enforcement and you've got mental health, uh, professional, you know, on duty together so that when a person has a episode, then you're gonna be sending people out who really have the expertise and knowledge to do what's needed. MacConnell: I would like to see the, um, mental health professionals and harm reduction professionals, urn, on that team be the ones to make that call. Make that decision as to whether or not they felt that they needed to have the police present (garbled) in that location at that moment. McDaniel: Yeah, I agree. I think it's ... we should try to remove as much interaction with the police and people who are dealing with those kinds of episodes as possible. Um, you know, unless, you know, this myth, the mental health provider or, you know, you said harm reduction, they feel that they are walking into a situation that could be potentially dangerous and then... that... but that would be a decision that they would have to make. MacConnell: And I think that a lot of times that those, um, situations are... are like an emergency by the time the call is made, and there's not always time to utilize everybody... at that specific moment, and I think that's something that has to be taken into consideration. Selmer: But if the emergency call was placed to (mumbled) request, which is trained professionals in the mental health agency first, if you had that instead of a 9-1-1, you had an 8-1-1 and mental health professional showed up, it might deescalate the situation, so... Townsend: (garbled) usually when they call me, the one constant factor is panic, the parents (garbled) neighbors, but ... and the person who's havin' the episode is very unpredictable. So, you know, I, you know, I agree, we ... we really need to take a look at having a ... an approach that's going to adequately address the needs of our mental health population. MacConnell: And another issue is the ... at the emergency mental health team that you're told can be called will not respond unless the person in crisis is the one to call them. And I think that's just ... that's something that I have found out that was pretty troubling, that narrows your choices. Nichols: This would be, I mean, if we ... if we were to ... as a community, you know, obviously not just... CPRB doesn't have the power to do this on our own. But if those were changes that we were to be able to make, it wouldn't have to follow all of the same regulations and guidelines as what exists now. This represents only a reasonably accurate transcription of the Iowa City CPRB Annual Public Forum of September 15, 2020. Page 15 Community Police Review Board Community Forum Transcription MacConnell: Right, Iowa City: If...if Tammy is finished, we'll move to Temple Hiatt. Hiatt: Can you hear me? Hello? (garbled response) Okay, thank you. Um, this is my first time, um, attending the ... the board, um, meeting and I appreciate the opportunity for the citizens input. Um, I'm a member of Moms Demand Action for Gun Sense in America, and we do a lot of work, um, with survivors and making sure that —that their voices are heard. Um, my..my question about the ... the recommendations that you make, um, to the —to the police, do they ever involve reparations, um, for, uh.... or support services for those that have been harmed by gun violence, and this could be, um, you know, any ..anyone. This could be obviously a victim that suffered gun violence. It could be a ... a witness to gun violence, and of course, you know, people who are potentially suspects, um, that have been harmed by gun violence (phone ringing in background) McDaniel: I think that was one of the recommendations, one of the things we are, uh, looking into as far as amending the ordinance as far as providing some kind of -some kind of, um, some kind of, um, recommendations for, um, for restitution or reconciliation, when it comes to, uh, people who've had interactions with the police. I think we ... I think we ... I think that's one of the ... one of the things we've discussed as far as, um, adding as a piece to oun-to our, um, ordinance. Selmer: Yeah, just to be clear too, up until now we have not had any capacity to discuss discipline or training or reparations. Um, it was merely a ... a recommendation on whether or not we agreed as a panel of five, um, community members with the police on sustaining or not sustaining alleged misconduct in a ... in a report. That was it. It did not include any discipline. Hiatt: All right, I'm ... I'm not real familiar with, um, you know, what kinds of services the ... the police department or the City might provide. Um, so if you have any input on that or...or information, I would appreciate it. Townsend: I think that's an area that basically, you know, it's been ... it's been discussed, but, you know, you're talkin' about, uh, somethin' to do with finances, so that's... that's kind of a different neighborhood than we hang out in. MacConnell: Well, and also the state ... the state has the victim ... uh. ... reward financial appointments too. There is a fund for that through the state. Townsend: But I think, you know, questions like this ... would probably get better results that the person were to attend a City Council meeting and doin' public discussion basically shared knowledge and concerns. Hiatt: If you've been a victim or...or...or suffered, you know, harm, I ... I don't know that that would be something that someone would feel comfortable in doing. Um, but I think certainly that ... that that is ... that is something that, um, that I think should be in the ... in the, um, realm of responsibilities for this board. So thanks. That's good to hear that... that... that, uh, that's being considered. This represents only a reasonably accurate transcription of the Iowa City CPRB Annual Public Forum of September 15, 2020. Page 16 Community Police Review Board Community Forum Transcription Townsend: Okay, and thank you for your recommendation. Hiatt: You're welcome. Thank you. Iowa City: Okay, it looks like, um, and I'm sorry about the names. Sabri Sky. Sky: Hello, yes. Sabri. So, I didn't (mumbled) next, urn, so I'm speaking as somebody who has, uh, been a survivor of police violence and, um, really difficult, uh... uh... police interactions. Um, and I will say that they've gotten better, I think, um, in town. But that's also somewhat because of my being able to —to open up more, and I just want to reiterate, for one.... something that I ... I know that everybody here already knows, but I ... but I really wanna see it applied in detailed, uh, nuanced ways, um, I guess in polic...policing policy and training... and training part, that people are afraid of police. People are anxious and, uh, even say in the South District, um, at the community feedback sessions this summer. Urn, people mentioned, uh, some of the speakers mentioned having community interactions, you know, in the neighborhood with police that were ... that were good and friendly. But there is for, uh, I think like Ta... Tammy (mumbled) said, for ...for rational reasons, people have anxiety when ... when police show up and the focus ... so (mumbled) coming from that, the focus on a mental health...a mental illness or a mental health problem incident or episode. While I appreciate that and I think we need to consider that, um, like Latisha is saying, uh (mumbled) um, and be sympathetic and empathetic and, you know, caring and medical in the response to that. There's also a problem in that because part of the medical response... medical, you know, physical interactive protocol response is police physically grabbing a person and restraining them. And the ... the jump from interactions, in my experience, and the experience of many other people that I have communicated and had support groups... discussion type discussions with about this, that that job is extremely quickly and all of the supposedly rationale or reason for that escalation is placed on the individual. While we're not, you know, I understand logically the police are the people reacting because it's not just police. It's also EMTs... and I honestly have concerns about whatever social workers or mental health professionals might be in the alternate response team. They don't know anything about the person's background, but that is not necessarily a reason to act like they must, you know, the person in question must be the most dangerous person in the world. And my experience has been that's how they're treating you and it forces the situation to escalate into violence and the experience of it is dehumanizing violence. I'll just leave it at that right now. (laughs) Townsend: Well, I think, you know, basically there are certain things that I think it's important that citizens (mumbled) be aware of and that is, number one, if you ask the police officer for his or her name, they have an obligation to give it to you. Second thing to keep in mind is that all officers are wearing body cameras, so, you know, if...if...and if it's a deal where they've stopped you and ... and there's a squad car, you can get the number of the squad car and ... and the time of day. I mean, there ... there are a lot of things that can happen if -inappropriate access by police officers are reported, and I think that's... that's something we really need to focus on is, you know, reporting inappropriate behavior. Sky: So I want us to ... that's really important and encouraging and thank you. Um, like it...it took me five years to even think about going and asking for the report to find out the names of those officers or, you know, any of these other things because of the affect it has on people. Um, and This represents only a reasonably accurate transcription of the Iowa City CPRB Annual Public Forum of September 15, 2020. page» Community Police Review Board Community Forum Transcription also my point is that what is considered appropriate is damaging. Townsend: Sky, I'd just like to share somethin' else with you. Here in our city, you know, we're lucky, we hit the jackpot, you know. We ... we've had a police chief that was just fantastic, that was very demanding of his staff, and as a result of that, you know, any inappropriate behaviors were dealt with. So, if you have concerns, I mean, you know, you can share that with the police force or you can file a claim with the, um, with our board. McDaniel: Go ahead, Amanda. Nichols: I was actually gonna refer to what you had said previously, so go (laughs) McDaniel: Yeah, I was just gonna, you know, just wanted to talk to what Sabri is talking about as far as, um, she ... she was not able to get to the point where she felt comfortable to actually make a complaint, and, um, I mean the only ..the only solution within the board that I can tell you is that if you don't feel comfortable or if you want someone to ... to assist you on your half, you can bring in a third -party person to assist you with the complaint process, if you feel that personally you are not in ... and ... and ... and you know, in the emotional capacity to handle it yourself. And also ... and I think we need to.. ..and I think we need to also be aware of what Sabri is saying, as far as, you know, um, her experience with, um, mental health professionals, with EMT, with social workers that sometimes they are also involved in some of the kind of police tactics that we do not want those people to have. So were gonna have to do some ... our own ... our own kind of, um, troubleshooting our own, not troubleshooting, but our only ..or kinda think about ways that we can incorporate these other resources into, uh, public health or public safety, without it being a ... another form of policing. Townsend: And if you prefer not to have to deal with a group of people, you can file a complaint with the Human Rights office, and that way you'll be dealin' with one person. Selmer: Thank you for sharing that experience with us (mumbled) Iowa City: Okay. Um, I don't see anyone else with their hand raised. Um, just a reminder if you're on Zoom you can use the raise hand. Um, and if you're on the phone, you can do *9. Uh, looks like we have Caroline Dieterle, who would like to speak. Think you just need to unmute, Caroline. Dieterle: (mumbled) all right now? Iowa City: Yes. Yep, you're up. Dieterle: Okay, I followed the news reports and what's been going on with the incident that happened this summer with the tear gas that was thrown, and apparently subsequently now (clears throat) it has been, uh, decided that the Iowa City police were some of the people who were involved with that, and, um, I do understand that the Council is ... is gone, has gone back to wanting to have an independent investigation. And so this question is kind of jumping the gun, so to speak, but if they find that, um, there is some fault in what was done, does this mean anything that the Police Review Board can do anything about? I mean, basically, I think a lot of people irus represents only a reasonably accurate transcription of the Iowa City CPRB Annual Public Forum of September 15, 2020. Page t8 Community Police Review Board Community Forum Transcription are rather uncomfortable with having tear gas used on citizens. Selmer: We can't just discuss too much of the details of complaints, but we are going to be reviewing, um, after the independent investigator (mumbled) Police Review Board will be looking into... the conduct by the Iowa City police, whether they sustain it, um, through the City Council or not, we'll have the opportunity to set our own level of review, including our own independent investigator, um, and look into it. Dieterle: Well, that's very reassuring. I'm glad to hear that that's true, and I'm glad to hear that the board does have an independent investigator now, which I think years ago was not the case. Selmer: To be clear, we do not have one now. Um, we are suggesting that it is in our authority, potentially, after the City Council has its own independent investigator review it, as part of our level of review, after they make the report. (both talking) ...to have such an investigator, if we need it. Dieterle: I ... I thought that was part of the, um, initiative that was passed years ago, but I didn't know that the board had any money to do anything like hiring an investigator. Is that something that the Council would supply or do you have a budget now for that? Selmer: We do have the authority to request an independent investigator and utilize one. Dieterle: Okay. Townsend: But that ... that would not be, you know, often. It'd just be in those rare situation... rare situations where we ... we felt we needed, um, a ... a different level of information. Dieterle: The other question ... the other question I have is one that I asked years ago, and basically people laughed at me for asking it. But unfortunately, you know, things have ... the way things have gone subsequently, I think my question is less laughable. And that is if President Trump, you know, followed through on his threat to declare martial law ...prior to the election, um, what is the thinking that has gone into what the City and the police department here would do in response to that? Selmer: I think that's beyond our capacity for the ... Police Review Board right now. We haven't (mumbled) hypotheticals or those type of scenarios. Dieterle: Well the trouble is, is that if you don't think ahead, if the, uh, situation should arise, and nobody's even talked about it, um, you're thoroughly behind the eight ball. So I would suggest that you do, uh, talk about this as a possibility and what you would do in response. Townsend: Caroline, I don't think that, you know, this is somethin' that we ... we're gonna have to do somethin' real different, you know. I think it ... if that were to happen and basically as a result of that our police force were, you know, dealin' with public, and it came out in a way that it was negative, then we would still, you know, you would still be able to file ... and we would follow the same process that we followed all along. This represents only a reasonably accurate transcription of the Iowa City CPRB Annual Public Forum of September 15, 2020. Page 19 Community Police Review Board Community Forum Transcription Iowa City: Okay. Um ... I do not see any more hands raised ... at this moment. Townsend: We, um... Iowa City: Oh, I stand corrected. Looks like we have Anna Blaedel. Blaedel: Yes, thank you. Can you hear me? Nichols: Yes. Blaedel: Excellent. My name is Anna Blaedel, um, thank you for this forum. Thank you for the work that you're doing. Um, and I just wanted to, um, to echo in response to the previous question raised, I believe the ... the person's name is Caroline, and wanted to raise my voice also to encourage this, uh, review board to be thinking about, um, the escalation of violence that we're seeing in this country. Um, I ... I don't think that we can just assume that things are going to stay as they are, or even that as they are is acceptable, um, for a status quo. And so I would, uh, encourage you all. I know that there is limited, uh, capacity and, uh, limited power, and that's part of what we're talking about, but I would like to echo that question and strongly encourage this group to be thinking about, um, how to prepare ourselves to be accountable to each other and to our communities. Thank you. Selmer: Thank you. Iowa City: And again, I don't have anyone waiting to speak to the board. Townsend: Okay. Uh, I'd like to basically, you know, share some information at this time. We've talked about the Police Review Board, so like to just give a little spiel that, you know, give specific information about the board. Uh, the CPRB reviews reports prepared after investigation of complaints about alleged police misconduct. It is issued it's own written report that contains detailed findings, the facts and conclusions that explain why and the extent to which complaints should be sustained or not sustained. The CPRB reviews powers, police policies, procedures, and practices and may recommend modification to them. The board shall hold at least one community forum each year for the purpose of hearing views on the policies, practices, and procedures of the Iowa City Police Department. Any person with personal knowledge of an alleged police misconduct may file a CPRB compliant with the board. So this kind of, you know, keeps you in fact with what we're really about. There are other things, but those are pretty... some of the basics. Also, we'd like to share with you that, um, this is a public forum which is public record and being recorded for rebroadcast on City Channel 4. So this will be rebroadcast on Channel 4 at a later time. Iowa City: Orville, I do have somebody that has their hand raised. Townsend: Okay. Iowa City: We want to let one more ... uh, looks ... it's Rich Mathias. Mathias: Hello, everybody. Yes, you pronounced my last correctly. (mumbled) it as Mathias. Just This represents only a reasonably accurate transcription of the Iowa City CPRB Annual Public Forum of September 15, 2020. Page 20 Community Police Review Board Community Forum Transcription wanted to ask, um, during this meeting I heard one of the board members mention that, um (mumbled) some training after a disciplinary report. I was just wondering has anyone ever considered maybe doing the training before the disciplinary reports, um, maybe on somethin' like racial profiling or somethin' like that. Um, somethin' like a. ..a prevention -type thing, instead of a disciplinary thing. Selmer: So if I understand your question right is whether or not we are overseeing the police and recommending that they're getting training on ... tactics for, um, various things...before, uh, before there's a specific finding of misconduct where we recommend that certain officer goes back and gets trained on something. So more of an oversight of their whole training schedule. Is that right? Mathias: Yes, yeah. Yes, that's correct. Um, I'm just concerned, and I think it's totally appropriate for someone to get some training after they've been issued a disciplinary report, but I just thought maybe some prevention measures, maybe the board could recommend to ... to, um, the law enforcement of Iowa City. Selmer: Yeah, I think, uh, reviewing where the police officers get trained and how they get trained is absolutely something that we should be looking into, and, you know, we have limited capacity right now. We can only do so much, but I think, um, an oversight of what the training, um, that's offered to the officers and ... and whether or not we might inquire as to additional training and whether or not they're getting that as ... as part of our functions and what we've done in the past, to some degree. We can do more, I think, um, but I think there was a couple examples where we had with, um, most recently police body cameras, for example, and the training on that and we...we had the officers come in and explain to us how they were trained, a new cadet and what, uh, what they're usin' the body camera and the ordinance was. Um, this is one example. So there is some of that going on. Mathias: Thank you. Iowa City: Okay, I see no hands. This represents only a reasonably accurate transcription of the Iowa City CPRB Annual Public Forum of September 15, 2020. Potential Proposed Changes with Patrick Ford Comments Potential Proposed Changes for the Community Police Review Board I. PROPOSED CHANGE I—THAT[IN INSTANCES OF A SUSTAINED MISCONDUCT COMPLAINT, THE CPRB BE GIVEN INFORMATION ON THE DISCIPLINING OF THE OFFICER AND BE AUTHORIZED TO INCLUDE IN ITS REPORT ITS FINDING ON THE SAME. - Commented[PF1$lowa's Open RecordsstaNte (Chapter 22 of the Code of Iowa —staff law) provides that certain a. Reasoning for the proposal -pacified records must be kept confidential, and thuscannot be disclosed to members of the general public. The most critical role of the Community Police Review Board (the "CPRB") is to provide an independent review, on behalf of the community, over conduct of the Iowa CityPolice Department, P Included among thenewnfidental records are^ 7nJormahwt n a re When. complaint of misconduct is filed, presently, the CPRB only has the authority to agree or disagree da t bod lobng 4ovemmentbodieereroungmrdmeyredor�dentr(robk wider with the findings of the Chief of Police and/or City Manager as to whether misconduct occurred. In frallefhafs who are o7fl00% olltcerg on employees of the instances where misconduct is found, either by the Chief of Police and/or City Manager, there is no govemm intbodres' (Iowa code § 22 7(11)) information provided to the CPRB of what, if any, discipline will result to the officer who committed the Information relating to the discipline of a police ofBcens misconduct. The Board believes this to be an integral piece of information related to the complaint thus a confidential record that cannot be disclosed tothe review process and would like to have it included, so that the CPRB may investigate, debate, and include public. in their report findings on whether the CPRB believes the discipline to be fair given the circumstances. I believe the Board currently has the legal authority to Relatedly, in order to make an informed recommendation on whether the discipline of the receive certain personnel records, in limited dreumstances, when ail at the following applyi officer found to have committed misconduct is fair, additionalinformation should be provided to the •The Board is performing its own investgetan of CPRB, Including the officer's training record, prior complaints (both sustained and unsustained) against particular complamtpursuanttothe level of review under the officer, and the officer's disciplinary record. section B-9-7(B)(1)(e),, and *Those personnel records are necessarym order to The CPRB further proposes that in cases where the Chief and/or City Manager disagree with the complete the Board's investigation, and *The Board votes to issue a subpoena to compel the CPRB's recommendation on discipline, that there be a meeting with between the CPRB and the Chief production of those documents, and/or City Manager to discuss the disagreements, This is much the same as the recent amendments for when there is a disagreement on whether or not a complaint should be sustained. Such a meeting The Board does not have unfettered legal acceistoall personnel records— onlythose records of an officer who is may result in consensus. In cases where no consensus can be reached, the CPRB is asking for the the subject of a wmplaietthat the Board is independently additional authority to recommend a disciplinary hearing to the City Council. The City Council will have investigating.Furthermore, Iowa's open Records lawwouid discretion on whether or not to conduct the hearing, and shall inform the CPRB of its decision, inthe also prohlbnthe disclosure of disciplinary action taken by the Police Chief in response to the Board's final refund. In event of a hearing, the CPRB shall be informed of, allowed to attend, and to present its findings and other words, the Board could subpoena records far the reasoning at the hearing. The CPRB shall be informed of all outcomes related to the hearing and/or purpose of doing an investigation, but not for the purpose disClplining of the Officer. of seeing if/howthe officer wass disciplined after the Board finished imeenge ting and the complaint process a completed. The Boast would be bound to protect the confidential nature of those personnel records, and could not disclose any udormat in contained therein ro the general public. Thus (hypothetically), even tithe Board issues a subpoena for personnel records as part of an Investigation, and even if the Board determines that the officer has a past barroom of misconduct that leads the Board to shaven a complaint; the Board could still not Include. discussion of past disciplinary matters in the Board's public report. b. voiced concerns for additional consideration The current CPRB is split on whether the CPRB should be given Buthority to issue formal discipline with legal standing for officer misconduct. Some members are of the opinion that the CPRB should bean advisory board that makes recommendations only. These members voice concerns include the following. 1. The CPRB is not trained in employment law or matters of disciplining officers. ii. The CPRB should not over compromise the Chief of Police from Carrying out its own administrative functions. III. Privacy laws that protect dissemination of sensitive employment information. iv. Liability for recommendations of discipline made by members of the CPRB. v. The CPRB should not usurp the administrative powers of the City Manager or City Council. The CPRB members are appointed, and not elected as officials to make such a decision for the community. Other members of the current CPRB are of the opinion that the CPRB should be given the power to discipline officers, to have authority to require an officer to participate in mediation with a complainant, and also to hire/fire the Chief of Police. In support of this opinion they state (INCLUDE HERE) Commented [PF2]: Iowa's Cord service taw (Chapter 400 of the Iowa Code —state law) provides that only the Police Chief (or the City Manager) has the authority to discipline a policeo6fficer. Thus, two provisions of state law are imposing road blocks. The Open Records law prohibits the public disclosure of disciplinary records, and the Civil Service law provides that only the Police Chief can discipline an officerthink you could request that the CPRB ordinance be changed to allow the Board to make recommendations about discipline as a resuhofa sustained complaint flowerer,currentstatelaw would both prohibit the Board from imposing discipline, and prohibit disclosure to the Board of any disciplinary action actually taken by the Chief, I am concerned that Board members may be subject to civil liability in the event a member improperly discloses the cements of a confidential record to a member of the general public, II. PROPOSED CHANGE 2—'THAT AN ACCUSED OFFICER BE REQUIRED TO COMPLY WITH AN INTERVIEW BY THE CPRB ABOUT ANY COMPLAINTS OR FINDINGS OR BE SUBJECT TO ADDITIONAL DISCIPLINE.I Commented IPF3]t The board already has the authority a. Reasoning for the proposal to meet with.. officer named in a complaint (Seethelevel of review set forth In section 8-8-7(6)(I)(c) of the ordinance) As part of the CPRB investigation, the CPRB has the authority to interview witnesses. Presently, there there is no duty or repercussion to the officer provided in the code in the event the Officer elects However, as discussed above, Iowa's Cml service taw (Chapter aco of the Iowa Code —state law) provides that not to participate. Without such a duty or repercussion, it is likely that in many cases an Officer will not only the Police Chief (or the City Manager) has the authority participate in the interview or name -clearing hearing. Indeed, the collective experience of the CPRB to discipline a police officer, Thus,dapoliceoffkerrefuses over the years has proven this to be true. With such repercussions, it is much more likely the Officer's to participate in a board -requested Interview, only the Police Chief (or City Manager) has authority to impose participation can be secured, greatly enhancing the CPRB's investigation and ensuring more accuracy of discipline for the officer's refusal its findings and reporting. Further, a mandatory interview should be made under oath. Any obligation imposed on the Police Chief (to require subordinate officers to participate in the Interview) is a b. Voiced concerns for additional consideration matter of the Chiefs employment terms, as set by the City. At least some members of the current CPRB have concerns over the legality of compelling an Ms., the 5n Amendment to the US. Constitution guarantees that a police officer cannot be forced to make officer to testify in instances of alleged misconduct, especially when the officer may be asked to provide self-incriminatingsUtementsthatmuld be usedagainst self -incriminating information. that officer if a criminal proceeding, The Chief of Police cannot force an of kartsa waive his/her S^ Amendment Also, and related ly, officers may want or need to be represented by legal counsel to protect rights However, the Chief can require that the officer their interests. The CPRB, in kind, will likely also need an attorney present for consultation. This has the answer questions as a condition of continued employment. I believe the Chief has the authority to force police offimrs potential to add a large amount of taxpayer expense to the review process. to be Interviewed by the board. Again, the exercise wins authority would be up to the Chiefs discretion, unless it is Further, in the interests of fairness, an Officer would reasonably want the Complainant to be directed by the City as a term ofthe Chiefs own required to be interviewed as well. This will likely require legal representation as well, and begs the employment question of whether a Complainant should be afforded legal representation at the taxpayer's expense, and how to appoint such legal representation. An additional consideration concerns the admissibility of any statements made in any interview in any subsequent legal proceedings. Such consideration must be given to statements made by both the officers and the Complainant. III. PROPOSED CHANGE 3-A COMPLAINANT SHALL HAVE THE RIGHT TO RESPOND TO THE CHIEF'S FINDINGS IN THE CHIEFS REPORT BEFORE THE CPRB SHALL CONDUCT ITS INVESTIGATION. a. Reasoning for the proposal Presently, the CPRB conducts its investigation after receiving a copy of the Chiefs report. While the CPRB has the capacity in setting its level of review to interview a complainant, this is not required. Further, there may be an unintended deterrent on the filing of complaints if a complainant is required to be interviewed. Many people would be uncomfortable about speaking to a panel of persons investigating a sensitive matter, and there may be a chilling effect. In any event, there is not any opportunity, otherwise, fora complainant to provide additional information after the Chiefs report and findings. There is the potential that the Chiefs Report and/or the CPRB characterization of allegations is wrong or that critical information not previously provide by a complainant be missed. If a complainant were given an automatic opportunity to review the Chiefs report and respond to the CPRB in a timely fashion, the CPRB report can be more accurate. a. Voiced concerns for additional consideration One can conceive that the response may provide a complainant with a vehicle to keep tacking on complaints and having "additional bites at the apple." Too, in the interests of equity, the Chief and/or City Manager may want or need to have an opportunity to respond to any additional report of misconduct or clarification on the complaint. At some point the process must stop and run its course. Still, it is believed that with carefu I procedural guidelines, a response could be incorporated that would benefit the CPRB's review. Commented [PFd]: I don't foresee any legal restraints on this additional step in the complaint process Howevegthe allowable purpose(s) of this additional step should be carefully defined Also, ifthis change is adopted, the Board's deadline for presenting its final reportwould likely need to beextended. IV. PROPOSED CHANGE 4 • bll CPRB REPORTS ABOUT AN OFFICER'S MISCONDUCT SHALL IDENTIFY THE OFFICERS INVOLVED BY NAME AND BADGE NUMBER. ____--FIhImhat ted[PFS7: See the cannnn'osecbon l above. a. Reasoning for the proposal eport shows an office/s nameor badgeber,b. Voiced concerns for additional consideration report becornsaannjldenffolpersonnel record" t be dlsclased to the public. At least some members of the CPRB would like to consider the ramifications for an officer being named in complaint publicly, even when there is no finding of any misconduct. Further, there is an inherent inequity when a Complainant may remain anonymous, but the Officer will have a public record by the mere filing of a complaint. The process must be fair both in its appearance as well as its application. Relatedly, there is the potential for the Complaint process to be abused by surge of anonymous complaints in an effort to besmirch an officer's reputation that only exists if the non - sustained complaints publicly name the officer, Last, there is concern as to the legality of sharing employment information such as discipline records publicly. V. PROPOSED CHANGE 5 —�AL CPRB REPORTS, BOTH IN CASES WHERE A COMPLAINT IS SUSTAINED AND WHEN A COMPLAINT IS NOT SUSTAINED, SHOULD BE MADE EASILY ACCESSIBLE THROUGH A PUBLICLY SEARCHABLE DATABASE ONLINE. I THINK WE ALREADY HAVE THIS. a. Reasoning for the proposal b. Voiced concerns for additional consideration ..__. Commented[PF6i: This is already available an the City's website. See httos:ilwww.iowa- ty /W bti kfB 7dbd=02et rtd=1416616& ow=1&cr-i ..___. VI. PROPOSED CHANGE 6—ALL COMPLAINTS OF MISCONDUCT FILED DIRECTLY WITH THE POLICE DEPARTMENT, AND NOT FILED WITH THE CPRB, SHALL BE FOREWRDED TO THE CPRB WITHIN SEVEN DAYS OF ITS FILING WITH THE POLICE DEPARTMENT. a. Reasoning for the proposal b. Voiced concerns for additional consideration Commented IPFTjt I don't foresee any legal restraints on thischange. Relatedly, see secret, 8-8-2(C)ofthe ordinance, which provides as follows.'Mys board will receive reports form the police chief briefly describing the nature of the allegations made in formal written complaints filed with the police department and the dlspositon of the same." Inadditwn,section$-8-2(M)providesasfollom "(Tithe Police Chief shall provide the board with a report at least quarterly of all formal complaints filed directly with the Police Department, which report shall state the date and location of the Incident and a brief description of the nature of the allegation and the disposition of the complaint." VII. PROPOSED CHANGE 7 - The CPRB shall have authority to initiate investigations and review at its sole discretion and without the necessity of a filed complaint. I think we already have this capacity? Commented [PF8J: The Board already has the authority to file no awn complaint. (see sections 8-B-2(G)and 8-8- 8(11)(I)f Upon receiptofthe CmeFs report in responsetoa complaint filed by me Board, the Board could then conduct his own investigation (or hire an independentInvestigator) by voting m select the applicable Level of Remew under section Vlll. PROPOSED CHANGE 8-�PRB SHALL BE PROVIDED WITH ADDITIONAL INFORMATION IN THE POLICE DEPARTMENT QUARTERLY REPORTS TO REVIEW FOR CERTAIN TRENDS .............. _______ [ommented[PFS7:Idon't foresee any legal restraints on this request. a. Reasoning for the proposal Perhaps as important as providing an independent examination and report of individual claims, is to provide such oversight for trends and larger ways in which the Iowa City Police are executing its duties on a day to day basis. While the CPRB is provided with some information already to assist with such larger oversight, some additional information would be useful to help protect against intentional or unintentional racist bias or racially disproportionate outcomes. This information includes: i. Total number of detained individuals; ii. Demographics of the individuals detained; iii. Total number of arrested individuals; iv. Demographics of those arrested; v. Instances where an officer draws a firearm, regardless of whether or not it was discharged, and for each instance: 1. Stated reason of the officer for drawing the firearm; 2. Whether a non -officer was believed to have a weapon and the reason for the belief; 3. Whether a weapon was found an non -officer, and if so, the type, shen it was found, and how it was secured; 4. Whether the firearm was discharged, and if so, the purported reason; 5. A general description of any injuries or damages related to the discharging of the firearm; and 6. Any status changes in the officers employment from the incident until the time of the report. vi. Number of instances where an officer or civilian was injured, and for each occurrence: 1. Who was injured; 2. General nature of the injuries; 3. Whether medical treatment was requested, and by whom; 4. Whether professional medical treatment was provided, and by whom. b. Voiced concerns for additional consideration 1X. PROPOSED CHANGE 9 — CPRB SHOULD HAVE THE AUTHORITY TO HIRE AN INDEPENDENT AUDITOR TO REVIEW THE POLICE DEPARTMENT'S INTERNAL INVESTIGATION PROCEDURES. a. Reasoning for the proposal b. Voiced concerns for additional consideration Commented[PFIU]. Idon'tseeanylegal restraintson this request. X. PROPOSED CHANGE 10—CPRB SHALL BE PROVIDED CITY FUNDING TO PROMOTE AWARENESS OF THE CPRB AND ENHANCE ACCESSIBILITY TO ITS SERVICES. --I' Idon't see anYlegal restraints on a. Reasoning for the proposal this request. b. Voiced concerns for additional consideration KI. PROPOSED CHANGE 114CPR8SHALL BE PROVIDED WITH FUNDING AND AUTHORITY TO ALLOW COMPLAINANTS TO MAKE USE OF ASOCIAL WORKER OR MEDICAL PROFESSIONAL WITH TRAUMA AWARENESS TRAINING FOR ASSISTING COMPLAINANTS THROUGHOUT THE COMPLAINT PROCESS. -- Commented[PF121: I don't see any legal restraints on a. Reasoning for the proposal this request, although care should be taken to ensure that b. Voiced concerns for additional consideration the role and authority of the social worker or medical professional are carefully defined. MI. PROPOSED CHANGE 12 -Require reporting and CPR8 review for all incidents 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 discharges. Add these actions to the definition of Use of Force (Wok up current policy to see if reporting is already required in these incidents) This would be covered by proposal VII for reporting, an VI for capacity to investigate any incident. radmented [PF73]: I don't see any legal restraints on srequest This information is already included in the Use Force Reports prepared by the departments Use of Force mmmee, which reports are provided monthly ro [he ard. XIII. PROPOSED CHANGE 13—EXPAND THE MEMBERSHIP OF THE CPRB FROM FIVE TO NINE MEMBERS, WITH AN EMPHASIS ON MINORITY REPRESENTATION AND REPRESENTATION FROM A CURRENT OR FORMER MEMBER OFTHE POLICE OR POLICE POLICY EXPERT. L .-- Commented IPF141:I don't see any legal restraints on a. Reasoning for the proposal this requert. Having additional members helps disperse some of the workload for the volunteer position. As is, the current members are volunteering time to review individual complaints. This almost always entails watching hours of video footage, in addition to possible additional investigations, and the procedural discussions, voting, report writing, and review of report before its filing. Members also review various police ordinances and policies and quarterly reports from the police. Besides this, members a re tasked with writing public forum reports, and, from time to time, having various sub- committees for purposes of completing tasks. Presently, subcommittees can only be comprised of two members as more would entail a forum requiring a public meeting. The proposals outlined in this document would only increase, in some cases dramatically, the amount of work being carried by a five -member volunteer board. With the additional two or four members, the individual burden would be lessened. With regard to the composition being favorable to minority groups, this stems from an agenda to help 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 carrying out of CPRB reviews. The Board feels there should be no less than three members who are from a minority race for its composition. To help ensure fairness and equity in the review process, the recommendation that one member of the board have a police background shall become mandatory. It is important that, when reviewing police conduct, someone with police experience and training be consulted. If there were concerns over objectivity, perhaps the residency requirements for this member should be waived, and/or a police procedure expert be retained for the CPRB to consu It with regularly during the closed sessions. b. Voiced concerns for additional consideration XIV. PROPOSED CHANGE 14 � �6mplaints should be permitted to be filed through any of the following means: telephonically, electronically, or by document either through the mail, or hand delivery. a. Reasoning for the proposal b. Voiced concerns for additional consideration I THINK WE ALREADY HAVE THIS -- Commented [PE751: Complaints may now be filedm person, by mail, or aMlne. I don't see any Iegai rest2mts on the request for telephone filing, but the process should be carefullydealgned_ XV. PROPOSED CHANGE 151CPRF1 complaints should be permitted whether filed anonymously or through third persons so long as there is sufficient knowledge of the underlying circumstances. a. Reasoning for the proposal b. Voiced concerns for additional consideration I THINK WE ALREADY HAVE THIS Commented [PF161: Currently, complaints can only be filed by someone who has personal knowledge (by either being directly Involved the incident, or by witnessing dtL A "designated representative" can assist a complainant who is underage, or who is otherwise unable to complete the complamtform. Complaints cannot currently be filed anonymously- I door see any legal restraints on allowing anonymous complaints, although I do question whether the integrity of the process can be mamtamed in such a use, KVL PROPOSED CHANGE 16- There should bean annual review/audit of the CPRRcomplaint Process. I THINK WE ALREADY HAVE THIS OR CAN DO IT WHENEVER WE WANT Commented [PE1T[: The Board can afteady review the complaint process, and make suggesttuns/requests for change, a[ any time. XVII. PROPOSED CHANGE 17 -�CPRB should have access to individual office records in order to study a pattern of police misconduct of specific officers. Commented pie 181: police Offloer personnel records are THIS SHOULD BE COVERED BY I and VI confidential under Iowa's Open Records law (see the comment to Section I above), and cannot be disclosed to the general public. As discussed above, the Board can issue a subpoena for certaln records, but only as part of Its own Investigation, and only if the requested Information would be helpful in determining fla particular complaint should be sustained. However, any such confidential personnel Information obtained by the Board cannot be disclosed in the Board's public report or otherwise disclosed to the general public %VIII. PROPOSED CHANGE 18 �CPRB PUBLICE FORUMS SHALL BE HELD TWICE A YEAR. a. Reason for the proposal b. Voiced concerns for additional consideration Commented [PF19]: I don't see any legal resiramh on this request XIX PROPOSED CHANGE 19—THE STATUTE OF LIMITATION FOR FILING A CPRB COMPLAINT SHALL BE LENGTHENED FROM 90 DAYS AFTERTHE DATE OF THE ALLEGED MISCONDUCT, T0180 DAYS AFTER THE ALLEGED MISCONDUCT. I_- Commented[PF20]: I don't see any legal renames on a. Reason for the proposal tnss request b. Voiced concerns for additional consideration XX. PROPOSED CHANGE 20—yNFORMATION FOR RUNG A COMPLAINT WITH THE CPRB SHALL BE PRINTED ON THE BACK OF EVERY IOWA CI7Y POLICE OFFICER'S BUSINESS CARD. Commented fPF277: I don't see any legal restraints on a. Reason for the proposal thNrequest_ b. Voiced concerns for additional consideration Potential Proposed Changes for the Community Police Review Board PROPOSED CHANGE I —THAT UNINSTANCES 0F A SUSTAINED MISCONDUCT COMPLAINT, THE CPRB BE GIVEN INFORMATION ON THE DISCIPLINING OF THE OFFICER AND BE AUTHORIZED TO INCLUDE |NITS REPORT ITS FINDING Q&UTHE SA&NE, a. Reasoning for the proposal The most critical role mfthe Community Police Review Board (the «CPRB")btoprovide an independent review, on behalf of the community, over conduct of the Iowa City Police Department. When complaint ofmisconduct isfiled, presently, the CPRBonly has the authority tmagree ardisagree with the findings of the Chief of Police and/or City Manager as to whether misconduct occurred. In instances where misconduct is found, either by the Chief of Police and/or City Manager, there is no information provided to the CPRB of what, if any, discipline will result to the officer who committed the misconduct. The Board believes this to be an integral piece of information related to the complaint review process and would like to have it included, so that the CPRB may investigate, debate, and include in their report findings on whether the CPRB believes the discipline to be fair given the circumstances. This isnot aunique request. Many police review boards across the nation have access tndisciplinary information and varying degrees ufrelated authority. |nDaytona for example, "the Police Department vvi||^pnovidetheboardm/iihthefu||interna|affairs0|e/un|essanypnrdonsaredeternoinedtube exempt from disclosure orconfidential by|am/.^ The review board will "discuss the allegations 0facase, the adequacy of the investigation, the final discipline that was meted out and whether the police leadership response was appropriate" during their public meetings. |naddition, "The board will issue a written report that includes the name of the complainant, the name of the accused officer or officers, a summary of the allegations and board members' decisions to agree or disagree with the disciplinary findings (Daytona Beach close tolaunching Citizens' Police Review Board, 2V2V)/' Re|mte6|y,innrdertonnmkeanin6urnmedrecomnrnendaUonunvvhetherthedis,ip|inenfthenfficerfound to have committed misconduct is fair, additional information should be provided to the CPRB, including the officer's training record, prior complaints (both sustained and unsustained) against the officer, and the officer's disciplinary record. The CPRB further proposes that in cases where the Chief and/or City Manager disagree with the CPRB's recommendation on discipline, that there be a meeting with between the CPRB and the Chief and/or City Manager todiscuss the disagreements. This ismuch the same asthe recent amendments for when there is a disagreement on whether or not a complaint should be sustained. Such a meeting may result inconsensus. |ncases where noconsensus can bereached, the CPKBisasking for the additional authority to recommend a disciplinary hearing to the City Council. The City Council will have discretion on whether or not to conduct the hearing, and shall inform the CPRB of its decision. In the event of a hearing, the CPKBshall beinformed of, allowed 10attend, and tupresent its findings and reasoning at the hearing. The CPRB shall be informed of all outcomes related to the hearing and/or disciplining ofthe officer. Some members of the CPRB feet the authority should be stronger: to call for a City Council disciplinary hearing that then must be conducted, as an automatic part of the complaint process. b. Voiced concerns for additional consideration The current CPRB is split on whether the CPRB should be given authority to issue formal discipline with legal standing for officer misconduct. Some members are of the opinion that the CPRB should be an advisory board that makes recommendations only. These members voice concerns include the following. i. The CPRB is not trained in employment law or matters of disciplining officers. ii. The CPRB should not over compromise the Chief of Police from carrying out its own administrative functions. iii. Privacy laws that protect dissemination of sensitive employment information. iv. Liability for recommendations of discipline made by members of the CPRB. v. The CPRB should not usurp the administrative powers of the City Manager or City Council. The CPRB members are appointed, and not elected as officials to make such a decision for the community. Other members of the current CPRB are of the opinion that the CPRB should be given the power to discipline officers, to have authority to require an officer to participate in mediation with a complainant, and also to [hire/fire the Chief of Police] `*change to "call for a public City Council hearing to present a recommendation to fire the police chief. This hearing should include opportunities for public commentary and the decision should be made by a majority vote of the combined bodies of the CPRB and the City Council." They also think that the CPRB should be involved in the selection and hiring process for the Chief of Police. In support of this opinion they state: Currently the CPRB is not able to make disciplinary recommendations and the recommendations it does have the authority to make can be ignored without consequence or recourse. Other boards across the country have more active roles in officer discipline. The Las Vegas Metropolitan Police Department Citizen Review Board makes recommendations to the Sheriff regarding discipline, policies, procedures, and programs (2020)". Columbus, Ohio has a measure on the ballot that would create a review board that would "make recommendations to the Division of Police, including recommendations for disciplinary actions if relevant (2020)"' . ` The Virginia State Senate recently advanced a bill that would allow review boards to ""make binding disciplinary determinations in cases that involve serious breaches of departmental and professional standards (2020)". In order for the CPRB to be effective, there needs to be accountability for instances where the board disagrees with the Chief of Police. Steven Morrison, a professor at the University of North Dakota School of Law, said police review "boards are probably better than nothing, but as far as changing things he believes they have minimal value unless they are given enforcement power (2020)'." Establishing a process through which the CPRB can make and enforce disciplinary decisions/recommendations with measurable consequences would improve transparency and community confidence in the board's effectiveness. According to a guide from the U.S. Department of Justice Office of Community Oriented Policing Services (2020)`", "Mediation focuses on mutual understanding, problem solving, and reconciliation"- all vital aspects of increasing trust between parties. Requiring officers to participate in mediation when the complainant desires and the Board finds it appropriate, could therefore go a long way towards improving ICPD's relationship with the community. The guide details mutually beneficial outcomes for mediation, including enhanced understanding of interactions with citizens, opportunity to explain their actions to citizens, enhanced satisfaction with the complaint process, empowerment, and the opportunity to learn from their mistakes for officers, and an enhanced opportunity to meet goals, greater satisfaction with the complaint process, enhanced understanding of policing, and empowerment for the complainant. It further states "In a series of focus groups in Omaha, Nebraska, individuals were asked to discuss whether they would file a complaint in response to a hypothetical incident of police misconduct and what they wanted to achieve if they did. Many participants indicated a desire for an explanation or apology from either the officer or a responsible official, or they wanted an opportunity to express their views to the officer in person" "Finally, the Alberta Law Enforcement Review Board found that in some instances, "all the citizen wants is an apology" and that mediation provides the officer with a forum in which to "explain to a citizen why he or she acted in a particular manner" (Alberta Law Enforcement Review Board 1997) "Research indicates that complainants who choose mediation do report higher levels of satisfaction than those who choose the traditional process." "Mediation introduces a new dimension to police accountability. In traditional complaint procedures, an officer accused of misconduct is directly accountable only to other police officers: internal affairs investigators, the immediate supervisor, and, in some instances, the chief of police (Walker 2001). The officer never has to directly face or account to the citizen who has filed the complaint. In contrast, an officer participating in mediation is directly accountable to the citizen who filed the complaint. Mediation may help personalize American policing" "In her report on community justice, restorative justice, and community policing, Caroline Nicholl explains that community justice "is shifting criminal justice from a purely adversarial approach to include problem -solving methods" (Nichol) 2000a). The DOJ paper would be a tremendous resource in planning as it goes beyond the benefits of mediation and details various practical ways to create a program. It states that "mediation is much less expensive than traditional complaint investigations. The Minneapolis Civilian Review Authority (CRA) pays a flat rate of $2,000 a year to the Minneapolis Mediation Center (a community -based nonprofit organization supported by funding from city and county government agencies, civic organizations, and individuals and clients) to provide mediators, who work pro Bono, to handle police cases." We have a similar nonprofit mediation center here in Iowa City, Mediation Services of Eastern Iowa (about us - MSEI, 2020)111. We have the structure in place for this and the city should reach out to them to make an arrangement. Just as there needs to be transparency and accountability for other officers, there needs to be for the Chief of Police as well. Establishing a process through which the CPRB can initiate a public discussion in the case of significant concerns with the Chief's suitability for the position and be a part of the decision making process would improve community confidence in the board's effectiveness. The opportunity to provide commentary themselves would also facilitate resident empowerment. Just as there should be an opportunity for resident involvement in deciding whether or not to retain a problematic Chief of Police, there should be an opportunity for involvement in the hiring process. The city did a commendable job of creating public awareness and engagement in the recent selection process. CPRB members would like to be a part of that process as well. In Oakland, California the Mayor is required "to appoint any new Chief of Police from a list of candidates provided by the Commission" (2020)"'. I support CPRB having a larger role in the disciplinary process. Our involvement should not end after we send in our report. Recommendations should also include recommendations for punishment. What that punishment looks like should be something that we collaborate with the Chief or ICPD representative. We are not experts in ICPD employment policies and how they discipline officers. We would need guidance here. 11. PROPOSED CHANGE 2 — THAT AN ACCUSED OFFICER BE REQUIRED TO COMPLY WITH AN INTERVIEW BY THE CPRB ABOUT ANY COMPLAINTS OR FINDINGS OR BE SUBJECT TO ADDITIONAL DISCIPLINE. a. Reasoning for the proposal As part of the CPRB investigation, the CPRB has the authority to interview witnesses. Presently, there is no duty or repercussion to the officer provided in the code in the event the Officer elects not to participate. Without such a duty or repercussion, it is likely that in many cases an Officer will not participate in the interview or name -clearing hearing. Indeed, the collective experience of the CPRB over the years has proven this to be true. With such repercussions, it is much more likely the Officer's participation can be secured, greatly enhancing the CPRB's investigation and ensuring more accuracy of its findings and reporting. Further, a mandatory interview should be made under oath. Similar requirements are being considered in Pittsburgh, where judges have already required officers to comply with CPRB subpoenas to testify before the board (Bradbury, 2020)'x. According to Robert Swartzwelder, president of Fraternal Order of Police Fort Pitt Lodge 1, ""The city can demand that police officers fully cooperate with any internal investigation," he said. "Failure to cooperate fully is grounds for immediate termination." (Bauder, 2020)x. The Oakland, CA citizen -run Police Commission has the authority to "issue subpoenas to compel the production of books, papers and documents and take testimony on any matter pending before it. If any person subpoenaed fails or refuses to appear or to produce required documents or to testify, the majority of the members of the Commission may find him in contempt, and shall have power to take proceedings in that behalf provided by the general law of the State (2020)x"' The ACLU identifies "Mandatory Police Cooperation" including "Complete access to police witnesses and documents through legal mandate or subpoena power" as one of ten principles for an effective civilian review board (Fighting Police Abuse: A Community Action Manual, 2020)x" and Liana Perez, director of operations for the National Association for Civilian Oversight of Law Enforcement has stated that "[CRBs] need to include something that requires the law enforcement agency to cooperate with them (Kutner 2020)."'1" Requiring officers to comply with interviews or face disciplinary action would accomplish that. b. Voiced concerns for additional consideration At least some members of the current CPRB have concerns over the legality of compelling an officer to testify in instances of alleged misconduct, especially when the officer may be asked to provide self -incriminating information. Also, and relatedly, officers may want or need to be represented by legal counsel to protect their interests. The CPRB, in kind, will likely also need an attorney present for consultation. This has the potential to add a large amount of taxpayer expense to the review process. Further, in the interests of fairness, an Officer would reasonably want the Complainant to be required to be interviewed as well. This will likely require legal representation as well, and begs the question of whether a Complainant should be afforded legal representation at the taxpayer's expense, and how to appoint such legal representation. An additional consideration concerns the admissibility of any statements made in any interview in any subsequent legal proceedings. Such consideration must be given to statements made by both the officers and the Complainant. We should support the need to interview officers if such a process is necessary to complete our investigation of the facts. III. PROPOSED CHANGE 3 - A COMPLAINANT SHALL HAVE THE RIGHT TO RESPOND TO THE CHIEF'S FINDINGS IN THE CHIEF'S REPORT BEFORE THE CPRB SHALL CONDUCT ITS INVESTIGATION. a. Reasoning for the proposal Presently, the CPRB conducts its investigation after receiving a copy of the Chiefs report. While the CPRB has the capacity in setting its level of review to interview a complainant, this is not required. Further, there may be an unintended deterrent on the filing of complaints if a complainant is required to be interviewed. Many people would be uncomfortable about speaking to a panel of persons investigating a sensitive matter, and there may be a chilling effect. In any event, there is not any opportunity, otherwise, for a complainant to provide additional information after the Chiefs report and findings. There is the potential that the Chief's Report and/or the CPRB characterization of allegations is wrong or that critical information not previously provide by a complainant be missed. If a complainant were given an automatic opportunity to review the Chiefs report and respond to the CPRB in a timely fashion, the CPRB report can be more accurate. a. Voiced concerns for additional consideration One can conceive that the response may provide a complainant with a vehicle to keep tacking on complaints and having "additional bites at the apple." Too, in the interests of equity, the Chief and/or City Manager may want or need to have an opportunity to respond to any additional report of misconduct or clarification on the complaint. At some point the process must stop and run its course. Still, it is believed that with careful procedural guidelines, a response could be incorporated that would benefit the CPRB's review. I do not suspect rampant abuse of the complaint process with complainants tacking on new grievances but you never know. Regardless, they should be given the opportunity to respond. IV. PROPOSED CHANGE 4 - All CPRB REPORTS ABOUT AN OFFICER'S MISCONDUCT SHALL IDENTIFY THE OFFICERS INVOLVED BY NAME AND BADGE NUMBER. a. Reasoning for the proposal According to a July, 2001 National Institute of Justice Research Brief (Walker, Alpert and Kenney, 2020)x1v, 10 percent of officers cause 90 percent of the problems," and investigations have revealed that approximately "2 percent of all officers are responsible for 50 percent of all citizen complaints." A publication by the West Virginia Advisory Committee to the US Commission on Civil Rights states that "Improving existing accountability procedures will assist in preventing police misconduct and will provide the public with confidence that such acts of misbehavior will be documented and that officers will be disciplined accordingly." Currently the CPRB does not even receive the names of officers as confidential information. When evidence shows that officers who engage in misconduct tend to do so repeatedly, it is vital to be able to identify officers who have emerging patterns of complaints. Treating each complaint as an isolated incident without tracking data of individual officers makes it impossible to discover problematic officers and remove them from public engagement. While some members of the CPRB would like names to be released, the board agrees that in leu of that, it would be acceptable for each officer to be assigned a unique, consistent, anonymous identification number that would accompany each complaint, to allow for more thorough tracking and review. b. Voiced concerns for additional consideration At least some members of the CPRB would like to consider the ramifications for an officer being named in complaint publicly, even when there is no finding of any misconduct. Further, there is an inherent inequity when a Complainant may remain anonymous, but the Officer will have a public record by the mere filing of a complaint. The process must be fair both in its appearance as well as its application. Relatedly, there is the potential for the Complaint process to be abused by a surge of anonymous complaints in an effort to besmirch an officer's reputation that only exists if the non - sustained complaints publicly name the officer. Last, there is concern as to the legality of sharing employment information such as discipline records publicly. In response to these concerns, some members want to point out that in many situations the identity of the accused is publicly released and the identity of the accuser is not. That is the case for child abuse and often times domestic abuse cases and they see no reason that a harmful abuse of power should be treated differently. In fact, they state the complainant should be more protected when accusing an officer because of the inherent power imbalance that exists in that scenario and the fear of retaliation that a complainant may have. There is a difference between equality and equity and interactions between police officers and other citizens begin with an imbalance. I honestly don't care about protecting the identity if misconduct is involved. V. PROPOSED CHANGE 5 — ALL CPRB REPORTS, BOTH IN CASES WHERE A COMPLAINT IS SUSTAINED AND WHEN A COMPLAINT IS NOT SUSTAINED, SHOULD BE MADE EASILY ACCESSIBLE THROUGH A PUBLICLY SEARCHABLE DATABASE ONLINE. I THINK WE ALREADY HAVE THIS. a. Reasoning for the proposal While CPRB reports are available online, there is not an effective search option. Some members of the board would like the database to be searchable by keyword, officer name, date, location, etc. b. Voiced concerns for additional consideration Tweaking of accessibility. I think our website page is not very user friendly. Privacy of the complainant. Redaction of name or option for complainant to disclose or not (NDA?). VI. PROPOSED CHANGE 6 — ALL COMPLAINTS OF MISCONDUCT FILED DIRECTLY WITH THE POLICE DEPARTMENT, AND NOT FILED WITH THE CPRB, SHALL BE FOREWRDED TO THE CPRB WITHIN SEVEN DAYS OF ITS FILING WITH THE POLICE DEPARTMENT. a. Reasoning for the proposal The board believes that data tracking is important to its effectiveness. Data will be more accurate if all complaints are included rather than restricting inclusion to complaints made directly to the board. In addition, it has been acknowledged by community members during public commentary that there is a general lack of sufficient knowledge of the CPRB and its functions within the community. While this has come from longtime residents, it is also important to note that our large student population creates a near constant influx of people who are new to the city and unfamiliar with its procedures in general. In addition to working to improve community relationships and engagement, the city should ensure that every complainant has the opportunity for a citizen review, regardless of their knowledge or understanding of local resources. b. Voiced concerns for additional consideration VII. PROPOSED CHANGE 7 - The CPRB shall have authority to initiate investigations and review at its sole discretion and without the necessity of a filed complaint. I think we already have this capacity? We do, by majority vote, can remove Let's make sure Vlll. PROPOSED CHANGE 8 - CPRB SHALL BE PROVIDED WITH ADDITIONAL INFORMATION IN THE POLICE DEPARTMENT QUARTERLY REPORTS TO REVIEW FOR CERTAIN TRENDS a. Reasoning for the proposal Perhaps as important as providing an independent examination and report of individual claims, is to provide such oversight for trends and larger ways in which the Iowa City Police are executing its duties on a day to day basis. While the CPRB is provided with some information already to assist with such larger oversight, some additional information would be useful to help protect against intentional or unintentional racist bias or racially disproportionate outcomes. This information includes: i. Total number of detained individuals; ii. Demographics of the individuals detained; iii. Total number of arrested individuals; iv. Demographics of those arrested; v. Instances where an officer draws a firearm, regardless of whether or not it was discharged, and for each instance: 1. Stated reason of the officer for drawing the firearm; 2. Whether a non -officer was believed to have a weapon and the reason for the belief; 3. Whether a weapon was found on non -officer, and if so, the type, swhen it was found, and how it was secured; 4. Whether the firearm was discharged, and if so, the purported reason; 5. A general description of any injuries or damages related to the discharging of the firearm; and 6. Any status changes in the officer's employment from the incident until the time of the report. vi. Number of instances where an officer or civilian was injured, and for each occurrence: 1. Who was injured; 2. General nature of the injuries; 3. Whether medical treatment was requested, and by whom; 4. Whether professional medical treatment was provided, and by whom. In addition, the board recommends the implementation of a computerized risk - management system to analyze data in search of trends. "Computerized tracking systems have been installed in various police departments across the nation, including the Pittsburgh city police, the Los Angeles Police Department, and the New Jersey State Police, among others. In Pittsburgh, reports of police misconduct have dropped by more than half on average since the tracking system was installed." (Chapter 4: Alternative Models for Police Disciplinary Procedures, 2020)1 b. Voiced concerns for additional consideration I think the ICPD provides this information to the City in the form of a report but not the CPRB. We need to be included. IX. PROPOSED CHANGE 9 — CPRB SHOULD HAVE THE AUTHORITY TO HIRE AN INDEPENDENT AUDITOR TO REVIEW THE POLICE DEPARTMENT'S INTERNAL INVESTIGATION PROCEDURES. a. Reasoning for the proposal Since ultimate authority for investigatory outcomes is held by the Police Department, it is vital to ensure that its procedures are unbiased, complete, and follow best practices. A regularly scheduled independent audit (every 1-2 years) would provide an opportunity for the Police Department to receive consistent review and recommendations for improvement that can be implemented in the interims. In addition, the CPRB should have the authority to recommend an audit if they believe that there is an immediate procedural issue that cannot be reconciled through other means. Other cities that have used independent auditors to review police procedures include Charleston SC (https://www.Charleston-sc.gov/2250/Racial-Bias-Audit), North Charleston SC, (Yee, 2020)"' (Dennis and Yee, 2020)", Salem NH, ((Audit of Community Policing Policies, Procedures and Programs, 2020)" (Police Audit I Salem NH, 2020)"", Albany NY (htt ps://www.timesunio n.co m/news/a rtic le/AI ba ny-h iring-fi rm-to-study-ra cia I-bias-i n- po lice- 15509749.php), Roswell (https://www.ajc.com/news/local/roswell-pay-77k-for- external-audit-police-department/EfCl6kzsYigRhzhIOBUY5K/ ), Vallejo CA (https://www.nbcbaya rea.com/news/local/north-bay/va llejo-to-release-third-party- audit-of-police-dept-ne)ct-week/2308338/), Eugene OR (https://www.eueene- or. ov DocumentCenter/View/18785/Civilian-Review-Board-Policiesl, Los Angeles CA, (http://www.lapdonline.org/inside the land/content basic view/8772), and many others. b. Voiced concerns for additional consideration Not sure if we have this authority or not but we should. Should only be used when a task is too big for the CPRB to handle or conflict of interest within the Board X. PROPOSED CHANGE 10—CPRB SHALL BE PROVIDED CITY FUNDING TO PROMOTE AWARENESS OF THE CPRB AND ENHANCE ACCESSIBILITY TO ITS SERVICES. a. Reasoning for the proposal Very few people know of our existence. The City should put more effort into providing info about this Board and not just sticking it on a City website that is overloaded with information and can be confusing. The Eugene, OR CRB Code states that its board is to "conduct outreach activities and disseminate information throughout the community" and "seek open, candid and non - defensive dialogue with stakeholders to both educate and learn from different communities in Eugene." (https://www.eugene-or.gov/DocumentCenter/View/18785/Civilian-Review- Board-Policies) Here, we have community members who have lived in Iowa City for decades who were not aware of the CPRB until recently and many who still are not. In order to be effective, we need to improve public engagement. This could be accomplished in ways such making our website more user friendly, having all CPRB meetings live streamed on the City of Iowa City Facebook page (and posted about on that page in advance), holding community forums (and possibly other events) more often, providing information about filing a complaint at the public library, recreation centers, and community centers, and (especially) having basic CPRB contact info printed on the back of every police officer card. The last suggestion was offered during our 2020 Community Forum by one of the longtime community members who just recently learned of the CPRB. b. Voiced concerns for additional consideration XI. PROPOSED CHANGE 11- CPRB SHALL BE PROVIDED WITH FUNDING AND AUTHORITY TO ALLOW COMPLAINANTS TO MAKE USE OF A SOCIAL WORKER OR MEDICAL PROFESSIONAL WITH TRAUMA AWARENESS TRAINING FOR ASSISTING COMPLAINANTS THROUGHOUT THE COMPLAINT PROCESS. a. Reasoning for the proposal Funding should be allocated for this Individuals who file complaints against officers do so because they believe they have been wronged. It is therefore important to acknowledge that the experience may have been traumatic for the complainant. As "evidence suggests that individual -level secondary prevention interventions aimed at bolstering resilience and reducing the likelihood of adverse effects following trauma are effective" (https://www.tandfonline.com/doi/full/10.1080/20008198.2017.1375338), a professional with specialized training should be made available in any situation that involves a person who has experienced trauma. This is especially important in CPRB procedures as the inherent power imbalance involved with filing a complaint against an officer can in itself be anxiety provoking for a complainant. "Trauma affects how victims see themselves" and "these beliefs affect how victims respond to services and the criminal justice system, and underscore the importance of task forces taking a trauma -informed approach, not only through service delivery but also throughout the investigation" process. (htt ps://www.ovcttac.goy/taskforcegu ide/egu i d e/4-supporting-victims/41-using-a-tra u m a - informed -approach)) It is known that " the public health impact of trauma exposure is staggering for both communities and individuals" (https://www.tandfonline.com/doi/full/10.1080/20008198.2017.1375338) and that "the social environment can stimulate recovery after trauma. The perception of social support has been found to be an influential factor for the effects of traumatic events on the individual as well as the community" (https://www.frontiersin.org/articles/10.3389/fpSyt.2019.00451/full). Therefore, when a resident has experienced trauma due to the actions of a city employee, it is the city's responsibility to provide some type of social support. "Many suggest that a true public health approach requires mental health integration beyond primary care to include sectors such as education, justice, welfare, and labour through partnerships with government, non- governmental organizations, and the faith -based community" (Collins, Insel, Chockalingam, Daar, & Maddox, 2013; Ko et al., 2008) Providing a professional trained in trauma awareness to complainants would be a step towards such integration. This advocate should also be permitted to serve as the complainant's designated representative and have the same authority as the CPRB to ") and Urbana, Illinois (https://www.city.urbana.il.us/ Agendas - Packets - Minutes/Agendas 2006/07-10- 2006/Citizen Police Review Ordinance Draft.pdf) CPRBs currently utilize advocates. " (Iowa City Code 8-8-3-B) The Columbia, Missouri (https://Www.como.goy/law/wp- content/uploads/sites/5/2D16/04JCPRB-Brochure.pdf), Dallas, Texas ( http:Hmothersaga instpol icebruta lity.org/wp-content/uploadsl20l8/03/Task-Force-Report- on-Citizen-Review-of-Police-l5-February-2017-FINAL.pdf), and Urbana, Illinois (https:/Iwww.city.urbana.il.us/ Agendas - Packets - Minutes/Agendas 2006/07-10- 2006/Citizen Police Review Ordinance Draft.pdf) CPRBs currently utilize advocates. b. Voiced concerns for additional consideration XII. PROPOSED CHANGE 12 - Require reporting and CPRB review for all incidents 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 discharges. Add these actions to the definition of Use of Force (Look up current policy to see if reporting is already required in these incidents- it is not- only if discharged "in the direction of some person with the knowledge of the person's presence there" or "at a vehicle in which a person is known to be." ) This would be covered by proposal VII for reporting, an VI for capacity to investigate any incident. Let's make sure a. Reasoning for the proposal The drawing of a firearm is a serious action with potentially devastating consequences and should therefore always be reviewed by the CPRB. University of Texas at Dallas criminologist Andrew Wheeler says that "national -level databases should at least include all levels of use of force- down to drawing of a weapon- in order to answer questions and create change."(https://xvww.scientificamerican.com/article/what-the-data-say-about- police-shootings/) Documentation and tracking of these instances is important. While we have requested that this information be included in quarterly reports, depending on those reports to uncover such incidents could create situations in which the board becomes aware of them after the deadline to initiate an investigation has passed. To ensure that each incident can be properly reviewed, the CPRB should receive a report from the Iowa City Police Department within 7 days of each occurrence and should investigate each one as a part of standard procedures. XIII. PROPOSED CHANGE 13 — EXPAND THE MEMBERSHIP OF THE CPRB FROM FIVE TO NINE MEMBERS, WITH AN EMPHASIS ON MINORITY REPRESENTATION AND REPRESENTATION FROM A CURRENT OR FORMER MEMBER OF THE POLICE OR POLICE POLICY EXPERT. a. Reasoning for the proposal Having additional members helps disperse some of the workload for the volunteer position. As is, the current members are volunteering time to review individual complaints. This almost always entails watching hours of video footage, in addition to possible additional investigations, and the procedural discussions, voting, report writing, and review of report before its filing. Members also review various police ordinances and policies and quarterly reports from the police. Besides this, members are tasked with writing public forum reports, and, from time to time, having various sub- committees for purposes of completing tasks. Presently, subcommittees can only be comprised of two members as more would entail a forum requiring a public meeting. The proposals outlined in this document would only increase, in some cases dramatically, the amount of work being carried by a five -member volunteer board. With the additional two or four members, the individual burden would be lessened. With regard to the composition being favorable to minority groups, this stems from an agenda to help 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 carrying out of CPRB reviews. The Board feels there should be no less than three members who are from a minority race for its composition. To help ensure fairness and equity in the review process, the recommendation that one member of the board have a police background shall become mandatory. It is important that, when reviewing police conduct, someone with police experience and training be consulted. If there were concerns over objectivity, perhaps the residency requirements for this member should be waived, and/or a police procedure expert be retained for the CPRB to consult with regularly during the closed sessions. With increased responsibilities, a larger board will help with spreading out workload. It will also deal with quorum issues b. Voiced concerns for additional consideration XIV. PROPOSED CHANGE 14 - Complaints should be permitted to be filed through any of the following means: telephonically, electronically, or by document either through the mail, or hand delivery. a. Reasoning for the proposal b. Voiced concerns for additional consideration I THINK WE ALREADY HAVE THIS Just added electronic so YAY! XV. PROPOSED CHANGE 15 - CPRB complaints should be permitted whether filed anonymously or through third persons so long as there is sufficient knowledge of the underlying circumstances. a. Reasoning for the proposal b. Voiced concerns for additional consideration I THINK WE ALREADY HAVE THIS We have third party witness reporting but we need to advocate for anonymous reporting for those who fear retaliation or future arrest. We should especially think about marginalized populations (undocumented, unhoused, sex workers, drug users, formerly incarcerated). The National Association For Civilian Oversight of Law Enforcement (NACOLE) supports anonymous reporting (https://www.nacole.ore/fags?fbclid=IwAR2fuO70U7ixwrOkzlrisKZkhbx86Blg i0GO6epR1wO z8RuQ 1TUvleo9l) and complaints of police misconduct may be filed anonymously in Cleveland, OH (http://www.clevelandohio.gov/sites/defaultlfiles/ops publications/CPS Brochure English. p df), Seattle, WA (https://www.seattle.gov/opa/complaints/file-a-complaint/anonvmous- complaint-form), Wolcott, CT (https://www.wolcottpd.org/about/civilian-police-review- board& and other cities. XVI. PROPOSED CHANGE 16 - There should be an annual review/audit of the CPRB complaint process. THINK WE ALREADY HAVE THIS OR CAN DO IT WHENEVER WE WANT I don't feel like this is consistent and we don't actually discuss issues and ways of improving the process. A scheduled, annual audit would be good. Barriers, needs, local government, and technology are changing rapidly. A routine audit of the complaint process would ensure that it continually addresses all aspects in an equitable and accessible manner. XVII. PROPOSED CHANGE 17 - CPRB should have access to individual office records in order to study a pattern of police misconduct of specific officers. THIS SHOULD BE COVERED BY I and VI Combine with similar/related proposals XVIII. PROPOSED CHANGE 18 - CPRB PUBLICE FORUMS SHALL BE HELD TWICE A YEAR. a. Reason for the proposal Holding public forums more frequently is an additional way to address the issue of public awareness of and engagement with the board. It is especially vital to allow more frequent and lengthy opportunities for community input during times of rapidly shifting societal landscapes such as we are currently experiencing. b. Voiced concerns for additional consideration XIX. PROPOSED CHANGE 19—THE STATUTE OF LIMITATION FOR FILING A CPRB COMPLAINT SHALL BE LENGTHENED FROM 90 DAYS AFTER THE DATE OF THE ALLEGED MISCONDUCT, TO 180 DAYS AFTER THE ALLEGED MISCONDUCT. a. Reason for the proposal The deadline to file a complaint to either the Iowa Civil Rights Commission (https://www.icgov.org/city-government/departments-and-divisions/equity-a nd- human-rights) or the Iowa City Office of Equity and Human Rights (https://icrc.iowa.gov/file-complaint) is 300 days. When a person has had an interaction with a police officer that had a negative affect on them, they likely have other things going on in their lives that prevent filing a report from being a top priority. The process should account for that and allow people time to process and attend to other aspects of their circumstances. b. Voiced concerns for additional consideration 180 days is good but what about cases where serious injuries impede the person from making a complaint in this time frame lie coma)? Should we consider no statute of limitation? I would support no statute of limitations. XX. PROPOSED CHANGE 20 — INFORMATION FOR FILING A COMPLAINT WITH THE CPRB SHALL BE PRINTED ON THE BACK OF EVERY IOWA CITY POLICE OFFICER'S BUSINESS CARD. a. Reason for the proposal This recommendation was made by a community member during the CPRB's 2020 Community Forum. It is a simple and affordable way to target awareness of the availability of a CPRB directly to those who have had interactions with Iowa City Police officers. This will help with letting the public know about the option of making a complaint to the CPRB. b. Voiced concerns for additional consideration This should be the easiest to implement. Low hanging fruit proposal. I would be shacked if anyone had an issue with this. XXI. PROPOSED CHANGE 21--1 think it might be helpful to have seminars on police activities. Specifically I am thinking of the complaint of excessive force used in getting a person suffering a mental health crisis. 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Available at: <https://triblive.com/local/pittsburgh-allegheny/pittsburgh-ordinance-would-force- police-officers-to-cooperate-with-review-board-investigations/> [Accessed 1 November 2020]. "' Cao-94612.s3.us-west-2.amazonaws.com. 2020. [online] Available at: <https://cao-94612.s3.us-west- 2.amazonaws.com/documents/oak062931.pdf> [Accessed 6 November 2020]. x" American Civil Liberties Union. 2020. Fighting Police Abuse: A CommunityAction Manual. [online] Available at: <https://www.aclu.org/other/fighting-police-abuse-community-action-manual> [Accessed 2 November 2020]. Kutner, B., Jr, M. M., & Iovino, N. (2020, July 18). Demand for Citizen Police Review Boards Spreads Across US. https://www.courthousenews.com/demand-for- citizen-police-review-boa rds-spreads-across-us/ ^IVvVm}ker, S., Alpert, G. and Kenney, D., 2020. Early Woming Systems: Responding To The Problem Police Officer. 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Updated 911120 COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5043 David Selmer Chair Term: July 1, 2017 — June 30, 2021 403 Boyd Ct Iowa City, IA 52245 (C) 319-331-9956 davidselmerO-hotmail.com Latisha McDaniel 331 Willow Wind Place Iowa City, IA 52246 (C) 214-682-3014 brufanegraagmail.com Jerri MacConnell 320 E Washington St Iowa City, IA 52240 (C) 319-333-1096 Nellie1896aomail.com Orville Townsend, Sr. Vice -Chair 713 Whiting Ave Iowa City, IA 52245-5644 (H) 319-354-5995 (C) 319-331-3482 orvi Ile.townsend @ hotma il.com Amanda Nichols 2713 East Court St Iowa City, IA 52245 (C)319-677-1153 d irector(cOcorridorcan.com Patrick Ford, Legal Counsel Leff Law Firm, L.L.P. 222 South Linn Street Iowa City, IA 52240-1601 (0) 319-338-7551 (C) 319-430-1549 ford c0lefflaw.com Term: July 1, 2017 — June 30, 2021 Term: July 1, 2019 —June 30, 2023 Term: July 1, 2020 — June 30, 2024 Term: July 1, 2020—June 30, 2024 COMMUNITY POLICE REVIEW BOARD OFFICE CONTACTS October 2020 Date Description None November 10, 2020 Mtg Packet COMMUNITY POLICE REVIEW BOARD COMPLAINT DEADLINES CPRB Complaint#20-02 Filed: 06/04/20 Chief's report due (90 days): 09/02/20 Extension Request: 12/15/20 Chiefs report filed: ----------------------------------------------------------------------------------- ??/??/20 CPRB meeting #1 (Review): ??/??t20 CPRB meeting #2 (Review): ??/??t20 CPRB meeting #3 (Review): ----------------------------------------------------------------------------------- ??/??/20 CPRB report due (90 days): ??/??120 CPRB Complaint #20-03 Filed: 07/07/20 Chief's report due (90 days): 10/05/20 Chief's report filed: ------------------------------------------------------------------------------------ 08/19/20 CPRB meeting #1 (Review): 09/08/20 CPRB meeting #2 (Review): 10/15/20 CPRB meeting #3 (Review): ------------------------------------ 11/10/20 ----------------------------------------------- CPRB report due (90 days): 11/17/20 CPRB Complaint #20-04 Filed: 07/27/20 Chief's report due (90 days): 10/26/20 Chief's report filed: ------------------------------------------------------------------------------------ 09/15/20 CPRB meeting #1 (Review): 10/15/20 CPRB meeting #2 (Review): 11/10/20 CPRB meeting #3 (Review): ----------------------------------------------------------------------- ??/??120 CPRB report due (90 days): ----------- 12/14/20 CPRB Complaint #20-05 Filed: 08/14/20 Chief's report due (90 days): 11/12/20 Extension Request: 12/15/20 Chief's report filed: ----------------------------------------------------------------------------------- ??/??120 CPRB meeting #1 (Review): ??/??/20 CPRB meeting #2 (Review): ??/??/20 CPRB meeting #3 (Review): ----------------------------------------------------------------------------------- ?7/7?/20 CPRB report due (90 days); ??/7?/20 November is 2020 Mtg Packet CPRB Complaint #20-06 Filed: 08/19/20 Chief's report due (90 days): 11/17/20 Extension Request: 12/15/20 Chief's report filed: ??/??/20 CPRB meeting #1 (Review): 77/7?/20 CPRB meeting #2 (Review): 77/??/20 CPRB meeting #3 (Review): 7?/??/20 CPRB report due (90 days): 77/??/20 CPRB Complaint#20-07 Filed: 08/27/20 Chief's report due (90 days): 11/25/20 Extension Request: 12/15/20 Chief's report filed: ??/??/20 CPRB meeting #1 (Review): 77/7?/P0 CPRB meeting #2 (Review): 7?/??/20 CPRB meeting #3 (Review): ??/??/20 CPRB report due (90 days): ??/77/20 CPRB Complaint#20-08 Filed: 08/27/20 Chief's report due (90 days): 11/25/20 Extension Request: 12/15/20 Chief's report filed: ??/??/20 CPRB meeting #1 (Review): ??/?7t20 CPRB meeting #2 (Review): ??/??/20 CPRB meeting #3 (Review): ??/??/20 CPRB report due (90 days): 77/7?/20 TENTATIVE MEETING SCHEDULE December 8, 2020 January 12, 2021 February 9, 2021 March 9, 2021