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HomeMy WebLinkAbout06-13-2023 CPRB Meeting PacketMEMORANDUM COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City DATE: June 8, 2023 TO: CPRB Members FROM: Tammy Neumann RE: Board Packet for meeting on TUESDAY, JUNE 13, 2023 The following documents for your review and comment at the next board meeting are included in the Agenda Packet emailed to you on June 8, 2023. • Agenda for 06/13/2023 Meeting • Minutes of the meeting on 05/09/2023 — Draft • ICPD Policy 300 (Use of Force) • ICPD Policy 332 (Identify Theft) • ICPD Policy 1012 (Body Armor) • Office Contacts — May 2023 • Complaint Deadlines AGENDA COMMUNITY POLICE REVIEW BOARD TUESDAY, JUNE 13, 2023 — 5:30 P.M. HELLING CONFERENCE ROOM 410 E. Washington Street You can watch the meeting online at any of the following websites: https://citychannel4.com/live https://www.voutube.com/user/citvchannel4/live In order to encourage greater input from the public, the Commission intends to offer the opportunity to participate in the meeting remotely. However, this meeting is an in -person meeting. In the event of technological problems, the meeting will continue in -person, so those wishing to ensure their ability to participate should attend the meeting in -person. If you wish instead to participate remotely, you may attempt to do so by joining the meeting via Zoom by going to the link below to visit the Zoom meeting's registration page and submit the required information. Once the registration is complete, 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. Link: https://us06web.zoom.us/webinar/reaister/WN eFHH3s4xSOvLrLFW1 Vr)xia Meeting ID: 841 9426 0761 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 05/09/2023 • ICPD Policy 300 (Use of Force) • ICPD Police 332 (Identify Theft) • ICPD Policy 1012 (Body Armor) ITEM NO. 3 NEW BUSINESS • Public Forum Discussion • Timing of Board Position Nominations Discussion ITEM NO. 4 OLD BUSINESS • ICPD Core Values 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 If you will need disability -related accommodations to participate in this program/event, please contact Tammy Neumann at 319-356-5043, tneumann@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. CPRB-Page 2 June 13, 2023 ITEM NO. 8 MEETING SCHEDULE and FUTURE AGENDAS • July 11, 2023, 5:30 p.m. - Helling Conference Room • August 8, 2023, 5:30 p.m. — Helling Conference Room • September 12, 2023, 5:30 p.m. — Helling Conference Room • October 10, 2023, 5:30 p.m. — Helling Conference Room ITEM NO. 9 CONSIDER MOTION TO ADJOURN TO EXECUTIVE SESSION based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. ITEM NO. 10 ADJOURNMENT If you will need disability -related accommodations to participate in this program/event, please contact Tammy Neumann at 319-356-5043, tneumann@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. DRAFT COMMUNITY POLICE REVIEW BOARD MINUTES — MAY 9, 2023 CALL TO ORDER: Chair Jerri MacConnell called the meeting to order at 5:30 p.m. MEMBERS PRESENT: Melissa Jensen, Jerri MacConnell, Saul Mekies, Amanda Remington, Orville Townsend MEMBERS ABSENT: Ricky Downing, Stuart Vander Vegte STAFF PRESENT: Legal Counsel Pat Ford and Staff Tammy Neumann OTHERS PRESENT: Police Chief Dustin Liston, City Councilor Laura Bergus RECOMMENDATIONS TO COUNCIL Accept CPRB 22-11 & 22-12 Report CONSENT CALENDAR Motion by Townsend, seconded by Jensen, to accept the consent calendar as presented. • Minutes of the meeting on April 11, 2023 • Minutes of the Community Forum on April 20, 2023 Motion carried 5/0. (Downing & Vander Vegte absent) NEW BUSINESS None OLD BUSINESS ICPD Core Values: No comments from board members. Chief Liston said that he should be able to share a list of core values available to date at the June meeting. CPRB FY23 and FY24 Budget Discussion ICPD Business Cards: Chief Liston referred to previous discussions where the board suggested that police officers hand out business cards with information on the back to include information about CPRB and how to file a complaint. Instead of business cards, Chief Liston proposed a draft of what could be called an incident information card. He distributed the draft to the Board for their review and suggestions. These would include the incident number, officers name, date, and time as well as a list of frequently used phone numbers. The back would continue the frequently called list as well as methods to file a compliment or complaint. He noted that it would be the expectation that officers hand these out to every person they encounter when a report is written. Remington asked if this expectation would be included in police policies. Chief Liston confirmed that it would. He further noted that the cost would be covered by the police budget. Remington suggested identifying CommUnity Crisis Services and Mobile Crisis Outreach as providing emergency mental health services. All board members agreed that this option is better than a business card. Chief Liston will make revisions and bring back to the Board for review. CPRB Meeting Minutes May 9, 2023 Page 2 • Electronic Meetinas: At the April meeting, Remington asked that the Board move forward with offering Zoom and livestreaming of future CPRB meetings. City Clerk Kellie Fruehling offered some notes that Neumann shared with the Board. Fruehling stressed in her notes that if a problem occurs during a meeting, there would not be any staff available to fix the problem. Therefore, the following statement will be included on future meeting agendas. "In order to encourage greater input from the public, the Community Police Review Board intends to offer the opportunity to participate in the meeting remotely. However, this meeting is an in -person meeting. In the event of technological problems, the meeting will continue in -person, so those wishing to ensure their ability to participate should attend the meeting in person." Board members discussed pros and cons. Remington noted that when the CPRB meetings were offered via Zoom during COVID, public participation increased. She stated that these are public meetings and that offering these options will allow easier access for those who are unable to attend a meeting in person. Jensen and MacConnell expressed their concern of starting this with the June meeting. Remington said she would understand this concern if City staff had not already been providing these services for several months and is very familiar with the process. Jensen asked how executive sessions would be handled. Neumann said that Zoom would be discontinued at this point and then restarted following the executive session. MacConnell asked if the public would be allowed to speak only during the public discussion part of the meeting. Neumann assumes that it would be the same as City Council meetings where the public would be invited to speak on an agenda item following its presentation if it pertains to the topic at hand. Otherwise, they will be able to speak during public discussion on any items that are not included on the agenda. Townsend shared his concerns including how this may affect the length of the meetings. Time limits were discussed. It was determined that again, like City Council, the public would be allowed a three -minute time limit to speak. Townsend suggested that the Board evaluate this process in six months. The majority of the Board members agreed to offer Zoom and livestreaming of the CPRB meetings to the public. Motion by Townsend, seconded by Jensen, that the use of Zoom and livestreaming of the Communitv Police Review Board Meetinqs be reevaluated in six months. Motion carried 5/0. (Downing and Vander Vegte absent). PUBLIC DISCUSSION None BOARD INFORMATION MacConnell announced that she submitted her application for another term on the CPRB. MacConnell's current term expires on June 30, 2023. At Remington's request, community forum schedule will be added to new business on the June 13, 2023, agenda. CPRB Meeting Minutes May 9, 2023 Page 3 Jensen requested that there be a discussion regarding the nomination of board positions taking place in October. This item will be added to new business. STAFF INFORMATION None MEETING SCHEDULE and FUTURE AGENDAS • June 13, 2023, 5:30 PM, Helling Conference Room • July 11, 2023, 5:30 PM, Helling Conference Room • August 8, 2023, 5:30 PM, Helling Conference Room • September 12, 2023, 5:30 PM, Helling Conference Room MacConnell will be absent from the August meeting. Counselor Ford will be absent from the June and July meetings. Someone from the firm will attend during his absence. EXECUTIVE SESSION Motion by Remington, seconded by Jensen, 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 5/0 (Downing & Vander Vegte absent) Open session adjourned at 6:25 p.m. REGULAR SESSION Returned to open session at 6:45 p.m. Motion by Remington, seconded by Jensen, to accept CPRB Public Report for 22-11 & 22-12 as amended and forward to Council. Motion carried 5/0 (Downing & Vander Vegte absent) ADJOURNMENT Moved by Remington, seconded by Townsend, to adjourn the meeting at 6:50 p.m. Motion carried 5/0. (Downing & Vander Vegte absent) COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319)356-5041 May 9, 2023 HAY 1 �, 2t713 To: City Council Complainant City Manager Chief of Police Officer(s) involved in complaint From: Community Police Review Board Re: Investigation of CPRB Complaints 22-11 & 22-12 This is the Report of the Community Police Review Board's (the "Board") review of the investigation of Complaints CPRB 22-11 & 22-12 (the "Complaint"). BOARD'S RESPONSIBILITY: Under the City Code of the City of Iowa City, the Board's responsibilities are as follows: 1. The Board forwards all complaints to the Police Chief, who completes an investigation. (Iowa City Code Section 8-8-7(A).) 2. When the Board receives the Police Chiefs report, the Board must select one or more of the following levels of review, in accordance with Iowa City Code Section 8-8-7(B)(1): a. On the record with no additional investigation. b. Interview /meet with complainant. c. Interview /meet with named officer(s) and other officers. d. Request additional investigation by the police chief, or request police assistance in the board's own investigation. e. Perform its own investigation with the authority to subpoena witnesses. f. Hire independent investigators. 3. In reviewing the Police Chiefs report, the Board must apply a "reasonable basis" standard of review. This means that the Board must give deference to the Police Chiefs report, because of the Police Chief's professional expertise. (Iowa City Code Section 8-8-7(B)(2)).) 4. According to Iowa City Code Section 8-8-7(B)(2), the Board can recommend that the Police Chief reverse or modify the Chiefs findings only if: a. The findings are not supported by substantial evidence; or b. The findings are unreasonable, arbitrary, or capricious; or c. The findings are contrary to a police department policy or practice, or any federal, state, or local law. 5. When the Board has completed its review of the Police Chief's report, the Board issues a public report to the city council. The public report must include: (1) detailed findings of fact; and (2) a clearly articulated conclusion explaining why and the extent to which the complaint is either "sustained" or "not sustained ". (Iowa City Code Section 8-8-7(B)(3)).) 6. Even if the Board finds that the complaint is sustained, the Board has no authority to discipline the officer involved. BOARD'S PROCEDURE: The Complaints were initiated by the Complainants on November 15, 2022. As required by Section 8-8-5(B) of the City Code, the Complaints were referred to the Chief of Police for investigation. The Chief's Report was filed with the City Clerk on February 10, 2022. As per Section 8-8-6(D) of the City Code, the Complainants were given the opportunity to respond to the Chief's report. The complainants did not respond. The Board voted on March 14, 2023, to apply the following Level of Review to the Chiefs Report: Request additional investigation by the Police Chief or City Manager, or request police assistance in the Board's own investigation, pursuant to Iowa City Code Section 8-8-7(B)(1)(d). The Board voted on April 12, 2023, to apply the following Level of Review to the Chief's Report: On the record with no additional investigation, pursuant to Iowa City Code Section 8-8-7(13)(1)(a). The Board met to consider the Report on March 14, 2023, and April 11, 2023, and May 9, 2023. Prior to the March 14, 2023 meeting, the Board had the opportunity to review the complaints, the Police Chief's report, and to watch and listen to body worn camera and/or in -car camera footage showing the interaction between the officers and the complainants. FINDINGS OF FACT: On 7/28/2022, officers were investigating a report of a stolen electric bike. The victim had a GPS tracker on the bike, which was followed by officers, and indicated the bicycle was located to an apartment inside 636 S. Dodge St. Officer A knocked on the door of the apartment and did not receive an answer. After a discussion with other officers regarding obtaining a search warrant, Officer A then turned the knob on the apartment door to indicate on the search warrant whether the door was unlocked. When Officer A turned the knob, the door opened, and the Complainant was standing at the door. The Complainant yelled and used profanities toward Officer A and tried to close the door. Officer A put his foot in the door to prevent it from being closed, and at that point was able to see the stolen bike in the living room. Both Complainants continued yelling at Officer A to close the door. Officer A remained in the doorway and after difficulty in communicating with the Complainants due to the volume of the yelling, advised both Complainants they could be arrested for obstruction. The male complainant returned the bike to Officer A, who remained in the doorway. The female complainant requested to speak with a supervisor, who was not immediately available. Officer B explained this to the Complainant, who continued to request a supervisor. Supervisor A eventually arrived, and having previous knowledge of an outstanding issue with the landlord, discussed this with the Complainant. Officer A left without arresting the Complainants for the stolen bicycle, and later obtained an arrest warrant at the request of the victim, who wished to pursue charges. The additional incidents the Complainants referred to occurred on 11/14/2022 and 11/15/2022.1 Iowa City Police Department Investigators, assisted by additional ICPD officers served a search warrant on a MAY 1 0 2023 storage unit associated with the Complainants related to an investigation of several burglaries. Investigators were talking with the male Complainant, and other officers spoke with the female Complainant. The Complainants were both arrested on charges unrelated to the investigation. The following day, both Complainants went to the police department requesting their property that was seized in the search warrant be returned to them. Multiple investigators and officers were present and after attempting to explain to explain why the property could not be returned at that time, the Complainants were asked to leave. COMPLAINANT'S ALLEGATION #1 — Violation of General Order Search & Seizure. Chief's conclusion: Not sustained Board's conclusion: Not sustained Basis for the Board's conclusion: Officer A had observed evidence of a crime and admitted to turning the doorknob to determine if the door was unlocked, but stated he did not open the door. Body camera footage was reviewed and was inconclusive as to whether the door opened on its own, was pushed open by Officer A, or was pulled open by the Complainant. The male Complainant turned over the evidence before a search warrant was obtained. No violation of ICPD policy and procedure was determined. COMPLAINANT'S ALLEGATION #2 — Violation of ICPD Policv Standards of Conduct - An officer was rude. Chief's conclusion: Not sustained Board's conclusion: Not sustained Basis for the Board's conclusion - In reviewing the Chief's report, and video evidence, there is no information to support the allegation that any officer or investigator was discourteous, disrespectful of discriminatory toward the Complainants, on November 15th or 161h, 2022. COMMENTS: The findings of this investigation reveal a troubling disregard for best practices and professional conduct by the officer who turned the doorknob. While it may be technically true that no policy was violated, it is clear that the decision to do so was unnecessary. As law enforcement officials, officers are expected to uphold the highest standards of professionalism and adhere to best practices at all times. This includes waiting for a warrant to breach a property when there is no exception to the warrant requirement. While the other officer on the scene may not have acted inappropriately themselves, it is every officer's responsibility to ensure that best practices are being followed and that professional conduct, including using appropriate language, is maintained at all times. It is imperative that law enforcement -agencies hold their officers accountable for their actions and provide ongoing assurance that all officers are equipped with the skills and knowledge necessary to effectively communicate with members of the MAY 1 0 2023 public and avoid such unnecessary escalations. It is critical that they always strive to deescalate scenarios and avoid the use of force. In conclusion, the actions of the officer in this investigation fell short of the high standards of professionalism and best practices expected of our law enforcement officials, who should always act in the best interest of public safety and uphold the values of the communities they serve. MAY 10 20?3 Iowa City Police Department Policy Manual r� Use of Force w 300.1 PURPOSE AND SCOPE t. This policy provides guidelines on the reasonable use of force. While there is noway to -Specify the exact amount or type of reasonable force to be applied in any situation, every mem' Oer of this department is expected to use these guidelines to make such decisions in a :;professional, impartial, and reasonable manner. In addition to those methods, techniques, and tools set forth below, the guidelines for the reasonable application of force contained in this policy shall apply to all policies addressing the potential use of force, including but not limited to the Control Devices and Conducted Energy Device policies. 300.1.1 DEFINITIONS Definitions related to this policy include: Deadly force - Force reasonably anticipated and intended to create a substantial likelihood of causing death or very serious injury. Feasible - Reasonably capable of being done or carried out under the circumstances to successfully achieve the arrest or lawful objective without increasing risk to the officer or another person. However when a person is handcuffed it shall be documented on the charge or in a report. Force - The application of physical techniques or tactics, chemical agents, or weapons to another person. It is not a use of force when a person allows him/herself to be searched, escorted, handcuffed, or restrained. However, when a person is handcuffed it shall be documented on the charge or in a report. Imminent - Ready to take place; impending. Note that imminent does not mean immediate or instantaneous. Reasonableness — See discussion at Section 303.3 below. Totality of the circumstances - All facts and circumstances known to the officer at the time, taken as a whole, including the conduct of the officer and the subject leading up to the use of force. 300.2 POLICY The use of force by law enforcement personnel is a matter of critical concern, both to the public and to the law enforcement community. Officers are involved on a daily basis in numerous and varied interactions and, when warranted, may use reasonable force in carrying out their duties. Officers must have an understanding of, and true appreciation for, their authority and limitations. This is especially true with respect to overcoming resistance while engaged in the performance of law enforcement duties. Copyright Lexipol, LLC 2023/05/18, All Rights Reserved. Use of Force - 'I Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Use of Force The Iowa City Police Department recognizes and respects the value of all human Fife and dignity without prejudice to anyone. Vesting officers with the authority to use reasonable'force;And to protect the public welfare requires monitoring, evaluation, and a careful balancing of all interests. 300.2.1 DUTY TO INTERCEDE AND REPORT As required by theDuty to Intervene and Report policy any officer present and observing another law enforcement officer or a member using force that is beyond that which is objectively reasonable under the circumstances shall intercede to prevent the use of unreasonable force. As required by theDuty to Intervene and Report policy any officer who observes another law enforcement officer or a member use force that is potentially beyond that which is objectively reasonable under the circumstances shall report these observations to a supervisor. 300.3 USE OF FORCE Officers shall use only that amount of force that reasonably appears necessary given the facts and circumstances perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose. The application of any use of force compliance shall be discontinued once the officer determines that compliance has been achieved. The reasonableness of force will be judged from the perspective of a reasonable officer on the scene at the time of the incident. Any evaluation of reasonableness must allow for the fact that officers are often forced to make split-second decisions about the amount of force that reasonably appears necessary in a particular situation, with limited information and in circumstances that are tense, uncertain and rapidly evolving. Given that no policy can realistically predict every possible situation an officer might encounter, officers are entrusted to use well -reasoned discretion in determining the appropriate use of force in each incident. It is also recognized that circumstances may arise in which officers reasonably believe that it would be impractical or ineffective to use any of the tools, weapons or methods provided by this department. Officers may find it more effective or reasonable to improvise their response to rapidly unfolding conditions that they are confronting. In such circumstances, the use of any improvised device or method must nonetheless be reasonable and utilized only to the degree that reasonably appears necessary to accomplish a legitimate law enforcement purpose. While the ultimate objective of every law enforcement encounter is to avoid or minimize injury, nothing in this policy requires an officer to retreat or be exposed to possible physical injury before applying reasonable force. 300.3.1 ALTERNATIVE TACTICS - DE-ESCALATION When circumstances reasonably permit, officers should use non-violent strategies and techniques to decrease the intensity of a situation, improve decision -making, improve communication, reduce the need for force, and increase voluntary compliance (e.g., summoning additional resources, formulating a plan, attempting verbal persuasion). Copyright Lexipol, LLC 2023/05/18, All Rights Reserved Use of Force - 2 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Use of Force s 300.3.2 USE OF FORCE TO EFFECT AN ARREST A law enforcement officer may use reasonable force to arrest a person or execute_a':warrani (Iowa' Code § 804.8). 300.3.3 FACTORS USED TO DETERMINE THE REASONABLENESS OF FORCE When determining whether to apply force and evaluating whether an officer has used reasonable force, a number of factors should be taken into consideration, as time and circumstances permit. These factors include but are not limited to: (a) Immediacy and severity of the threat to officers or others. (b) The conduct of the individual being confronted, as reasonably perceived by the officer at the time. (c) Officer/subject factors (e.g., age, size, relative strength, skill level, injuries sustained, level of exhaustion or fatigue, the number of officers available vs. subjects). (d) The effects of suspected drug or alcohol use. (e) The individual's mental state or capacity. (f) The individual's ability to understand and comply with officer commands, such as due to a language barrier or developmental disability. (g) Proximity of weapons or dangerous improvised devices. (h) The degree to which the individual has been effectively restrained and his/her ability to resist despite being restrained. (i) The availability of other reasonable and feasible options and their possible effectiveness. (j) Seriousness of the suspected offense or reason for contact with the individual. (k) Training and experience of the officer. (1) Potential for injury to officers, suspects, and others. (m) Whether the individual appears to be resisting, attempting to evade arrest by flight, or is attacking the officer. (n) The risk and reasonably foreseeable consequences of escape. (o) The apparent need for immediate control of the individual or a prompt resolution of the situation. (p) Whether the conduct of the individual being confronted no longer reasonably appears to pose an imminent threat to the officer or others. (q) Prior contacts with the individual or awareness of any propensity for violence. (r) Any other exigent circumstances. 300.3.4 PAIN COMPLIANCE TECHNIQUES Pain compliance techniques may be effective in controlling a physically or actively resisting individual. Officers may only apply those pain compliance techniques for which they have Copyright Lexipol, LLC 2023105/18, All Rights Reserved Use of Force - 3 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Use of Force aJ successfully completed department -approved training. Officers utilizing any. pain compliance technique should consider: (a) The degree to which the application of the technique may be controlled given -the level of resistance. (b) Whether the individual can comply with the direction or orders of the officer; (c) Whether the individual has been given sufficient opportunity to comply. The application of any pain compliance technique shall be discontinued once the officer determines that compliance has been achieved. 300.3.5 CHOKE HOLDS, LATERAL NECK RESTRAINTS, AND SIMILAR COMPLIANCE TECHNIQUES (a) Choke holds, lateral neck restraints, and similar compliance techniques that are specifically designed or intended to restrict the ability to breathe or the flow of blood to the brain, or any intentional and prolonged application of force to the throat or windpipe of another that prevents or hinders breathing or reduces the intake of air, are prohibited except: 1. Where a person cannot be captured any other way; and 2. The person has used or threatened to use deadly force in committing a felony, or (a) The officer reasonably believes the person would use deadly force against any person unless immediately apprehended; [Note: 1 and 2 are requirements that must be present before the exception on the use of chokeholds in Section 804.8 of the Iowa Code applies.], and 3. It is the only reasonable means of protecting oneself or a third party. [Note: 3 is an additional City of Iowa City requirement that must be present before the exception applies.] (b) If utilized, the technique must be immediately loosened or released if the individual on whom it is being applied becomes compliant. (c) Any individual who has been subjected to a lateral choke hold, neck restraint, or similar compliance technique, regardless of whether he/ she was rendered unconscious, shall be promptly examined by emergency medical services and shall be monitored until examined by medical personnel. (d) The officer shall inform any person receiving custody, or any person placed in a position of providing care, that the individual has been subjected to a choke hold, lateral neck restraint, or similar compliance technique and whether the individual lost consciousness as a result. (e) Any officer applying a choke hold, lateral neck restraint, or similar compliance technique shall promptly notify a supervisor of the use or attempted use of such hold. A use of force report shall be completed Copyright Lexipol, LLC 2023/05/18, All Rights Reserved Use of Force - 4 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Use of Force 300.3.6 USE OF FORCE TO SEIZE EVIDENCE In general, officers may use reasonable force to lawfully seize evidence and to prevent the destruction of evidence. However, officers are discouraged from using force: -solely tEbprevent a person from swallowing evidence or contraband. In the instance when force is used; officers should not intentionally use any technique that restricts blood flow to the head, restricts respiration or which creates a reasonable likelihood that blood flow to the head or respiration would be restricted. Officers are encouraged to use techniques and methods taught by the Iowa City Police Department for this specific purpose. 300.4 DEADLY FORCE APPLICATIONS When reasonable, the officer shall, prior to the use of deadly force, make efforts to identify him/ herself as a peace officer and to warn that deadly force may be used, unless the officer has objectively reasonable grounds to believe the person is aware of those facts. Use of deadly force is justified in the following circumstances involving imminent threat or imminent risk: (a) An officer may use deadly force to protect him/herself or others from what he/she reasonably believes is an imminent threat of death or serious bodily injury. (b) An officer may use deadly force to stop a fleeing subject when the officer has probable cause to believe that the individual has committed, or intends to commit, a felony involving the infliction or threatened infliction of serious bodily injury or death, and the officer reasonably believes that there is an imminent risk of serious bodily injury or death to any other person if the individual is not immediately apprehended. Imminent does not mean immediate or instantaneous. An imminent danger may exist even if the suspect is not at that very moment pointing a weapon at someone. For example, an imminent danger may exist if an officer reasonably believes that the individual has a weapon or is attempting to access one and intends to use it against the officer or another person. An imminent danger may also exist if the individual is capable of causing serious bodily injury or death without a weapon, and the officer believes the individual intends to do so. Warning shots by officers of the Iowa City Police Department are prohibited. 300.4.1 MOVING VEHICLES Shooting at or from a moving vehicle is prohibited, except under the following circumstances: (a) When the occupant of the vehicle is utilizing deadly force against the police officer or other persons. (b) As a last resort to prevent death or serious injury to officers or other persons. (c) As a last resort to apprehend a person who has just committed a felony resulting in death or serious injury. (d) The discharge of firearms shall not be utilized when circumstances do not provide a high probability of striking an intended target or when there is substantial risk to the safety of other persons, including the risk of causing vehicle accidents. Copyright Lexipol, LLC 2023/05/18, All Rights Reserved Use of Force - 5 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Use of Force 300.5 REPORTING THE USE OF FORCE Any use of force by a member of this department shall be documented promptly, completely, and accurately in an appropriate report, depending on the nature of the incident. The officer should articulate the factors perceived and why he/she believed the use of force was reasonable under the circumstances. To collect data for purposes of training, resource allocation, analysis, and related purposes, the Department may require the completion of additional report forms, as specified in department policy, procedure, or law. See the Report Preparation Policy for additional circumstances that may require documentation. A Use of Force Report with a written narrative regarding any use of force incident will be submitted in addition to any incident report for the following: • contact controls that involve the use of bare hands to guide, hold, or restrain an actively resisting person • nerve compression techniques • escort techniques for actively resisting persons • compliance controls • neuro-muscular controls • take down techniques • personal defense using foot, hand, knee, elbow or other part of body • vehicle pursuit tactics -tea • deployment of stop sticks LU • exposure to chemical irritants use or targeting of a conducted energy device s • use of an impact weapon • use of kinetic energy impact projectiles e display or use of less lethal munitions • use of a distraction device • display or use of a canine unless involved in an exploratory sniffing incident or search of an unoccupied building • firearm display or use • use of any object not originally intended to be used as a means for self-defense • In a dynamic environment, any object can be used by an officer as an impact weapon, or even a deadly weapon if its use is objectively reasonable for the situation.ln those cases where an object not specifically covered by this policy is used in this manner, whether the officer is on duty or off duty and is taking enforcement action, shall require Copyright Lexipol, LLC 2023/05/18, All Rights Reserved Use of Force - 6 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Use of Force notification of a supervisor as soon as practical and shall require the comp etion of a Use of Force report. Use of Force Reports are not required for: • physically escorting a passively resisting person • transport activities • presence of officers • the issuance of verbal directives when no contact is applied • display of a firearm where no persons were present, .e.g., building searches. • when the only use of force is the application of handcuffs, double locked no use of force report is necessary. The application of handcuffs, double locked will be documented on a written complaint or citation or in the body of an incident report. 300.5.1 NOTIFICATIONS TO SUPERVISORS The on -duty supervisor shall be immediately notified or summoned to the scene following any application of force in any of the following circumstances: : (a) The application caused a visible injury. (b) The application would lead a reasonable officer to conclude that the individual may have experienced more than momentary discomfort. (c) The individual subjected to the force complained of injury or continuing pain. (d) The individual indicates intent to pursue litigation. (e) The individual was exposed to chemical irritants. (f) Any application of the conducted energy device or control device. (g) Any application of a restraint device other than handcuffs, shackles, or belly chains. (h) The individual subjected to the force was rendered unconscious. (i) An individual was struck or kicked. 0) An individual alleges unreasonable force was used. 300.6 MEDICAL CONSIDERATIONS Officers shall render immediate and appropriate medical aid in incidents that involve injuries sustained during detainment or apprehension. Officers shall immediately activate the emergency medical system when: (a) Obvious severe injuries have occurred, (b) Medical distress is apparent, or the individual is unconscious Once it is reasonably safe to do so, medical assistance shall be obtained for any person who exhibits signs of physical distress, has sustained visible injury, expresses a complaint of injury or continuing pain, or was rendered unconscious. Any individual exhibiting signs of physical distress Copyright Lexipol, LLC 2023/05/18, All Rights Reserved Use of Force - 7 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Use of Force after an encounter should be continuously monitored until they can be medically assessed. Individuals should not be placed on their stomachs for an extended period, as this.coul,q impair their ability to breathe. Any non-cmbative person who has been exposed to a chemical irritant / OC sprayrshall be evaluated by medical personnel. For the purpose of this policy medical personnel means personnel from Johnson County Ambulance Service, University of Iowa Hospitals and Clinics, or Mercy Hospital. Officers shall decontaminate a person exposed to a chemical irritant and continue to monitor the condition of that person until they are no longer in the custody of the officer. Based upon the officer's initial assessment of the nature and extent of the individual's injuries, medical assistance may consist of examination by an emergency medical services provider or medical personnel at a hospital or jail. If any such individual refuses medical attention, such a refusal shall be fully documented in related reports and, whenever practicable, should be witnessed by another officer and/or medical personnel. If a recording is made of the contact or an interview with the individual, any refusal should be included in the recording, if possible. The on -scene supervisor or, if the on -scene supervisor is not available, the primary handling officer shall ensure that any person providing medical care or receiving custody of a person following any use of force is informed that the person was subjected to force. This notification shall include a description of the force used and any other circumstances the officer reasonably believes would be potential safety or medical risks to the subject (e.g., prolonged struggle, extreme agitation, impaired respiration). Individuals who exhibit extreme agitation, violent irrational behavior accompanied by profuse sweating, extraordinary strength beyond their physical characteristics, and imperviousness to pain(sometimes called excited delirium"), or who require a protracted physical encounter with multiple officers to be brought under control, may be at an increased risk of sudden death. Calls involving these persons should be considered medical emergencies. Officers who reasonably suspect a medical emergency should request medical assistance as soon as practicable and have medical personnel stage away. See the Medical Aid and Response Policy for additional guidelines. 300.7 SUPERVISOR RESPONSIBILITIES A supervisor should respond to a reported application of force resulting in visible injury, if reasonably available. When a supervisor is able to respond to an incident in which there has been a reported application of force, the supervisor is expected to: (a) Obtain the basic facts from the involved officers. Absent an allegation of misconduct or excessive force, this will be considered a routine contact in the normal course of duties. (b) Ensure that any injured parties are examined and treated. Copyright Lexipol, LLC 2023/05/18, All Rights Reserved Use of Force - 8 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Use of Force (c) When possible, separately obtain a recorded interview with the individual upon whom force was applied. If this interview is conducted without the individual having voluntarily waived his/her Miranda rights, the following shall apply: 1. The content of the interview should not be summarized or included in any related criminal charges. 2. The fact that a recorded interview was conducted should be documented in a property or other report. 3. The recording of the interview should be distinctly marked for retention until all potential for civil litigation has expired. (d) Once any initial medical assessment has been completed or first aid has been rendered, ensure that photographs have been taken of any areas involving visible injury or complaint of pain, as well as overall photographs of uninjured areas. These photographs should be retained until all potential for civil litigation has expired. (e) Identify any witnesses not already included in related reports. (f) Review and approve all related reports and all BWC/In-Car footage from all officers at scene when making their determination on Use of Force. (g) Determine if there is any indication that the individual may pursue civil litigation. If there is an indication of potential civil litigation, the supervisor should complete and route a notification of a potential claim through the appropriate channels. (h) Evaluate the circumstances surrounding the incident and initiate an administrative investigation if there is a question of policy noncompliance or if for any reason further investigation may be appropriate. In the event that a supervisor is unable to respond to the scene of an incident involving the reported application of force, the supervisor is still expected to complete as many of the above items as circumstances permit. 300.7.1 COMMAND STAFF RESPONSIBILITY The Chief of Police and Field Operations Commander shall review each use of force by any personnel within his/her command to ensure compliance with this policy and to address any training issues. 300.8 TRAINING Officers will receive annual training on this policy and demonstrate their knowledge and understanding. Subject to available resources, officers should receive periodic training on: (a) Guidelines regarding vulnerable populations, including but not limited to children, elderly, pregnant persons, and individuals with physical, mental, or intellectual disabilities. (b) De-escalation tactics, including alternatives to force. Copyright Lexipol, LLC 2023/05/18, All Rights Reserved Use of Force - 9 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Use of Force 300.9 USE OF FORCE ANALYSIS At least annually, the Support Services Commander or designee should prepare an analysis report on use of force incidents. The report should be submitted to the Chief of Police. The report should not contain the names of officers, suspects or case numbers, and should include: (a) The identification of any trends in the use of force by members. (b) Training needs recommendations. (c) Equipment needs recommendations. (d) Policy revision recommendations. Copyright Lexipol, LLC 2023/05/18. All Rights Reserved Use of Force - 10 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Identity Theft 332.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidelines for the investigation of identity theft. 332.2 POLICY It is the policy of the Iowa City Police Department to effectively investigate cases of identity theft. 332.3 ACCEPTANCE OF REPORTS A report shall be taken any time a person living within the jurisdiction of the Iowa City Police Department reports that he/she has been a victim of identity theft. This includes: (a) Taking a report even if the location of the crime is outside the jurisdiction of this department or has not been determined. (b) Providing the victim with department information, as set forth in the Victim and Witness Assistance Policy. Encourage the individual to review the material, and assist with any questions. A report should also be taken if a person living outside the department jurisdiction reports an identity theft that may have been committed or facilitated within this jurisdiction (e.g., use of a post office box in Iowa City to facilitate the crime). A copy of the report shall be provided to the person making the report. 332.4 FOLLOW-UP INVESTIGATION A member investigating a case of identity theft should ensure that each case is referred to the appropriate agency if it is determined that this department should not be the investigating agency and victim if different from person taking report (e.g., an identity theft ring working from out of state). The victim should be advised that the case is being transferred to the agency of jurisdiction for investigation. Copyright Lexipol, LLC 2023/05/18, All Rights Reserved Identity Theft - 1 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Body Armor 1012.1 PURPOSE AND SCOPE The purpose of this policy is to provide officers with guidelines for the proper use -of body=armor. 1012.2 POLICY C:) It is the policy of the Iowa City Police Department to maximize officer safety through the use of body armor in combination with prescribed safety procedures. While body armor provides a significant level of protection, it is not a substitute for the observance of officer safety procedures. 1012.3 ISSUANCE The Support Services Division Commander shall ensure that body armor is issued to all officers and that, when issued, the body armor meets or exceeds the standards of the National Institute of Justice. Body armor shall be issued when an officer begins service at the Iowa City Police Department and shall be replaced when the body armor becomes worn or damaged to the point that its effectiveness or functionality has been compromised. The Chief of Police may authorize issuance of body armor to uniformed, non -sworn members whose jobs may make wearing of body armor advisable. 1012.3.1 USE Generally, the required use of body armor is subject to the following: (a) Members shall only wear department -approved body armor. (b) Members shall wear body armor any time they are in a situation where they could reasonably be expected to take enforcement action. (c) Members shall wear body armor when working in uniform or taking part in department range training. (d) Members are not required to wear body armor when they are functioning primarily in an administrative or support capacity and would not reasonably be expected to take enforcement action. Officers may be excused from wearing body armor when they are involved in undercover or plainclothes work that their supervisor determines could be compromised by wearing body armor, or when a supervisor determines that other circumstances make it inappropriate to mandate wearing body armor. (a) In those instances when body armor is not worn, officers should have reasonable access to their body armor. 1012.3.2 CARE AND MAINTENANCE The required care and maintenance of body armor is subject to the following: Copyright Lexipol, LLC 2023/05/18, All Rights Reserved. Body Armor - 1 Published with permission by Iowa City Police Department Iowa City Police Department Policy Manual Body Armor (a) Members are responsible for inspecting their body armor for signs of damage, wear and cleanliness at the start of each shift. 1. Unserviceable body armor shall be reported to the supervisor. (b) Members are responsible for the proper storage of their body armor. 1. Body armor should not be stored for an extended period of time in an area where environmental conditions (e.g., temperature, light, humidity) could potentially degrade its effectiveness. (c) Members are responsible for the care and cleaning of their body armor pursuant to the manufacturer's care instructions. 1. Body armor should not be exposed to any cleaning agents or methods not specifically recommended by the manufacturer. 2. Failure to follow manufacturer's care instructions may damage the ballistic performance capabilities of the body armor. If care instructions for the body armor cannot be located, the manufacturer should be contacted to request the instructions. (d) Body armor should be replaced in accordance with the manufacturer's recommended replacement schedule, or when its effectiveness or functionality has been compromised. 1012.4 APPROVAL SIGNATURE: DATE: Copyright Lexipol, LLC 2023/05/18, All Rights Reserved. Body Armor - 2 Published with permission by Iowa City Police Department COMMUNITY POLICE REVIEW BOARD OFFICE CONTACTS MAY 2023 Date Description 5/14/23 Person asked how to access CPRB complaint form online. 5/20/23 Person asked if their complaint form mailed to the City Clerk's Office was received. Staff informed person that their form was received in the City Clerk's office on May 17, 2023. An acknowledgement of receipt was mailed and emailed to the complainant on May 17, 2023. June 13, 2023 Mtg Packet COMMUNITY POLICE REVIEW BOARD COMPLAINT DEADLINES CPRB Complaint #23-02 Filed: 02/06/23 Chief's report due (90 days): 05/07/23 Chief's report filed: 05/03/23 Complainant's response to the Chief's report 05/04/23 (21 days to respond, no response received) Chief/City Manager response to the Complainant's response (10 days to respond): 05/16/23 ------------------------------------------------------------------------------------ CPRB meeting #1 (Review): ??/??/23 CPRB meeting #2 (Review): ??/??/23 ------------------------------------------------------------------------------------ CPRB report due 08/14/23 (90 days from the date of the Chief/City Manager's response to the complainant or Complainant's response deadline if no response received) CPRB Complaint #23-05 Filed: 03/27/23 Chief's report due (90 days): 06/25/23 Chief's report filed: ??/??/?? Complainant's response to the Chief's report ??/??/?? (21 days to respond, no response received) Chief/City Manager response to the Complainant's response (10 days to respond): ??/??/23 ------------------------------------------------------------------------------------ CPRB meeting #1 (Review): ??/??/23 CPRB meeting #2 (Review): ??/??/23 ------------------------------------------------------------------------------------ CPRB report due ??/??/?? (90 days from the date of the Chief/City Manager's response to the complainant or Complainant's response deadline if no response received) June 13, 2023 Mtg Packet CPRB Como_ taint #23-06 Filed: 04/18/23 Chief's report due (90 days): 07/17/23 Chief's report filed: ??/??/?? Complainant's response to the Chief's report ??/??/?? (21 days to respond, no response received) Chief/City Manager response to the Complainant's response (10 days to respond): ??/??/23 ------------------------------------------------------------------------------------ CPRB meeting #1 (Review): ??/??/23 CPRB meeting #2 (Review): ??/??/23 ------------------------------------------------------------------------------------ CPRB report due ??/??/?? (90 days from the date of the Chief/City Manager's response to the complainant or Complainant's response deadline if no response received) CPRB Comolaint #23-07 Filed: 05/17/23 Chief's report due (90 days): 08/15/23 Chief's report filed: ??/??/?? Complainant's response to the Chief's report ??/??/?? (21 days to respond, no response received) Chief/City Manager response to the Complainant's response (10 days to respond): ??/??/23 ----------------------------------------------------------------------------------- CPRB meeting #1 (Review): ??/??/23 CPRB meeting #2 (Review): ??/??/23 ------------------------------------------------------------------------------------ CPRB report due ??/??/?? (90 days from the date of the Chief/City Manager's response to the complainant or Complainant's response deadline if no response received) June 13, 2023 Mtg Packet CPRB ComWaint #23-08 Filed: 05/19/23 Chief's report due (90 days): 08/17/23 Chief's report filed: ??/??/?? Complainant's response to the Chief's report ??/??/?? (21 days to respond, no response received) Chief/City Manager response to the Complainant's response (10 days to respond): ??/??/23 ------------------------------------------------------------------------------------ CPRB meeting #1 (Review): ??/??/23 CPRB meeting #2 (Review): ??/??/23 ------------------------------------------------------------------------------------ CPRB report due ??/??/?? (90 days from the date of the Chief/City Manager's response to the complainant or Complainant's response deadline if no response received) CPRB Comolaint #23-09 Filed: 05/19/23 Chief's report due (90 days): 08/29/23 Chief's report filed: ??/??/?? Complainant's response to the Chief's report ??/??/?? (21 days to respond, no response received) Chief/City Manager response to the Complainant's response (10 days to respond): ??/??/23 ------------------------------------------------------------------------------------ CPRB meeting #1 (Review): ??/??/23 CPRB meeting #2 (Review): ??/??/23 CPRB report due ??/??/?? (90 days from the date of the Chief/City Manager's response to the complainant or Complainant's response deadline if no response received) TENTATIVE MEETING SCHEDULE July 11, 2023 August 8, 2023 September 12, 2023 October 10, 2023