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HomeMy WebLinkAbout1997-02-11 Info Packet CITY OF IOWA CITY CITY COUNCIL INFORMATION PACKET January 31, 1997 IP4 IP5 IP6 IP7 IP8 IP9 IP10 IP11 IP12 IP13 IP14 IP15 IP16 IP17 IP18 IP19 FEBRUARY 3 WORK SESSI'ON'ITEMS ..... Memorandum from City Clerk: Council Budget Session, January 21, 1997 MISCELLANEOUS' ITEMS ...... Memorandum from City Manager: Pending Development Issues Memorandum from City Manager: Update on Railroad Interchange Track Relocation Grant Application Memorandum from City Manager: Replacement Transit Coaches Memorandum from City Manager: Salt Bids Memorandum from Assistant City Manager: Community Television Service Letter from City Attorney and Assistant City Attorney Mitchell to Dean Spina: Yeggys Memorandum from Director Planning & Community Development: Skywalk Memorandum from Committee Memorandum from Next Downtown Strategy Committee Meeting Memorandum from Community Development Coordinator: Community Brochures [Brochures in Council packets only] Memorandum from Administrative Assistant to City Manager to City Manager: Promotion University of Director Planning & 'Community Development: Downtown Strategy Economic Development Coordinator .to Downtown Strategy Committee: ,~o~ Development Parking Ramp Memorandum to City Staff from Jeanne Civic Center Information Desk Letter from Deb Pullin-Van Auken and Victoria Thiede to Capt. Strand: Walk of the Stars JCNews Post: JCNews Post: JC'News Post: Public Agenda: Somsky and Lisa Handsaker: Courtesy Phone at---~-~ John Nesbitt - Melrose Recapitulation, 1972 to t997 ._z~-~ ~ John Nesbitt - R. Moe on Mindless Sprawl Destroys Sense of Community ~.~ John Nesbitt - New Urbanism is Traditional: Adversarial, Codes, Charette, .-~ IP20 January 30, 1997, Johnson County Board of Supervisors Formal Meeting Information Packet January 31, 1997 page 2 Copy of letter from Ann Romanowski regarding the Police Dept. Copy of letter from Asst. City Arty. Mitchell to Atty. Spina regarding the Yeggy's. Cop~'6f Police Review Policy's (Binder). Notes from Council Member Vanderhoef regarding Police Policy & Procedure Review and Budget issues. Agenda for Council Worksession of February 3, 1997 (Budget). FY97 Comparison of Budget to Actual Revenues, Expenditures and Cash Position for Operating Funds for 6 months ending 12/31/96. Information from Mark Ginsberg regarding the IOwa City .Jazz Festival. Information from 'Heritage Trees. Agenda for the 2/6/97 Formal meeting of the Board of Supervisors, and the Informal meeting of 2/4/97. City of Iowa City MEMORANDUM Date: January31, 1997 To: Mayor and City Council From: City Clerk Re: Council Budget Session, January 21, 1997 - 4:12 p.m. in the Council Chambers Mayor Naomi J. Novick presiding. Council present: Novick, Kubby, Lehman, Norton, Thornberry, Vanderhoef, (Baker 4:20 p.m.). Staff present: Atkins, Helling, Karr, Yucuis. Tapes: Reel 97-9, All; 97-11, Side 1. BUDGET PRESENTATION Reel 97-9, Side 1 City Manager Atkins presented several budget issues for Council discussion: 1. HUMAN SERVICE AGENCY FUNDING. Atkins noted Council received Kubby and Thornberry's Human Service Agency Funding recommendations. Thornberry said the Human Services Agency budget includes a $10,000 contingency. Kubby said Emergency Housing Shelter received a larger percentage increase to put more money into the Early Bird Program. Kubby explained that agencies providing increased services because of welfare reform were considered closely. Council Members agreed to discuss increased funding needs with Coralville at Wednesdays' JCCOG meeting, and follow up with a letter. 2. STP REALLOCATION Novick emphasized that attendance at Wednesday's JCCOG meeting was important because of a scheduled vote on the Melrose-West reallocation of STP monies. 3. JCCOG COST ALLOCATION Atkins noted Council received information in their JCCOG packet. 4. ENGINEERING STAFFING Atkins summarized that the City of Iowa City has six full-time professional engineers, Ames -- 7.5, Cedar Falls -- 4, Cedar Rapids -- 12, Council Bluffs -- 4, Davenport -- 7, Des Moines -- 31, Dubuque -- 5, and Waterloo -- 5. In response to Kubby, Atkins stated the Assistant Superin- tendent of 'Streets and Sanitation will oversee Refuse and JCCOG Solid Waste Coordinator Neumann will handle the community education. 5. AIRPORT LEVY Finance Director Yucuis explained to establish an Airport Levy the Airport Commission would have to become an Airport Authority and would involve additional power or rule making authority. 2 In response to Council, Atkins stated he will have staff research if the Airport Levy can include a sunset provision, citizen approval requirements, and the difference between the present Airport Commission and Airport Authority. COUNCIL BUDGET QUESTIONS Reel 97-9, Side I City Manager Atkins and Council reviewed budget questions as submitted by Council Members Kubby, Vanderhoef, and Norton. (Council packet 1/17). A. Council Member Kubby questions: EQUIPMENT RESERVES Atkins explained the equipment reserve, a cash set aside, was established six-seven years ago and was eliminated due to other budget needs. Council agreed to budget for fire equipment reserve m $50,000 and Transit equipment reserve -- $50,000. CITY COUNCIL RAISE Kubby noted the last City Council raise occurred 1985. City Clerk stated the City of Iowa City Charter states during the months of November and December, immediately following a regularly scheduled City Council election, the Council shall not adopt new salaries and a change in the compensation for all Council Members becomes effective at the beginning of the term of the Council Members elected at the next election following the change. Council agreed to a $1,000 per Council Member increase, in accordance with the City Charter and State Law and directed staff to schedule discussion regarding establishing a Council pay increase mechanism for future years. WELFARE REFORM Kubby stated the City should monitor the effects from Welfare reform; Welfare reform will have an impact on livable wages and child care issues; and the City could help. by targeting monies towards business started by low-income individuals. TRANSIT Kubby proposed challenging Transit to reduce their budget. Council discussed City employee production efficiency programs. PARKING METER ART Kubby proposed allocating $500 for parking meter art. Council Members asked Atkins to look at a comprehensive arts and cultural program. HEALTH CARE COSTS Assistant City Manager Helling explained prescriptions and child care issues were dis- cussed in labor/management committee meetings and union members were pretty satis- fied with the current health care program. 3 B. Council Member Vanderhoef questions: ARTS/CULTURAL FESTIVAL (Vanderhoef) Vanderhoef proposed establishing a long-term budget agreement with the Convention Visitor's Bureau. Council discussed CVB Jazz Fest, Arts Fest, Friday Night Concert, Hospice Road Race, Bike Criterium, and Arts/Cultural funding. Atkins explained FY96 hotel-motel tax brought in $460,000 total; CVB got 25%, $115,000; subtract $10,000 arts/Jazz Fest; and net total to CVB was $105,000. Atkins noted that 1% of the hotel/motel tax equals approximately $4,000. Council directed Mayor Novick to discuss 20% hotel-motel tax funding with CVB Board and report back. Atkins suggested asking CVB to attend Council's February 3, budget work session. Council agreed. GENERAL FUND -- ClP Vanderhoef focused on bonding capacity for building and repair projects. Aktins reviewed the Capital Outlay Projects/repair (outlined in financial plan FY98-2000, page I of 8). Atkins noted that the Library repair budget has been revised to $678,000 (roof repair -- $215,000, carpet replacement -- $238,000, HVAC remainder). Thornberry asked for detailed information about the Library bids, suppliers, etc. Lehman requested information comparing the building size of the Public Library and the Senior Center. Baker asked if architects and consultants are going to look at what the cost is of maximizing space at the Library's present location. Atkins said he will contact PCD Director Franklin. Atkins discussed bonding issues for the Library Project; Animal Shelter; Senior Center; and Airport Maintenance Building: Council agreed that civic building maintenance is very important. C. Council Member Norton questions: Norton noted he will redistribute a shorter list of key budget questions. MISCELLANEOUS Lehman said City of Iowa City was very well represented at Walk of the Stars. City Manager Atkins stated Council's next budget session is scheduled February 3, and will include boards and commissions; the Hospice Road Race $5,000 request is not budgeted for; and the peninsula figure is $1.3 million. Meeting adjourned at 6:03 p.m. City of Iowa City MEMORANDUM Date: To: From: Re: January 28, 1997 City Council City Manager Pending Development Issues An application submitted by A.F. Streb for preliminary plat approval of the Scott-Six Industrial Park, a 140.5 acre, 42~1ot commercial/industrial subdivision located on the east side of Scott Boulevard, north of Highway 6. An application submitted by MitchelI-Phipps Building & Design for preliminary plat approval of Court Park Subdivision, a 1.66 acre, six-lot residential subdivision located at 2729 E. Court Street. A City-initiated application to vacate an alley located between Governor and Lucas streets, south of Bowery Street. An application submitted by Hawkeye Lumber Co. to vacate the north 200 feet of the alley between Lafayette and Benton streets, west of Dubuque Street. Code Amendment items: Discussion of Staff's recommendation regarding the development of an entranceway overlay zone. Discussion of proposed amendments to Chapter 6, "Zoning," Chapter 7, "Subdivision Regulations," and Chapter 5, Article H, "Site Plan Review," to change the City's screening and tree regulations. An application submitted by Frantz Construction Co. for a special exception to permit a religious institution to be established on a 5.2 acre property located in the RS-5 zone south of Lakeside Drive/Gable Drive. An application submitted by Mark McCallum for a special exception to permit a bed and breakfast inn to be established for property located in the RS-5 zone at 430 Brown Street. jw/develop2.sa City of Iowa City MEMORANDUM TO: FROM: DATE: RE: City Council City Manager January 28, 1997 Update .on Railroad Interchange Track Relocation Grant Application In September of 1996, the City of Iowa City submitted an application for Iowa Clean Air Attainment Program Funds to relocate the Iowa Interstate Railroad- CRANDIC interchange tracks from south Iowa City to the Amanas. The proposed project would significantly reduce the frequency of arterial street railroad crossing blockages in Iowa City, as well as Coralville and North Liberty. The reduction in traffic congestion will also improve air quality in our community. We have received word from Iowa DOT that the scoring committee designated to rank these applications will be reporting their scores in February, and the Iowa DOT Commission will be making the final funding decision in March. The total cost of our proposed project is $1.5 million, and Iowa City has requested $1.2 million through the Iowa Clean Air Attainment Program. The balance will be funded by the railroads. We will keep you informed. City of Iowa City MEMORANDUM DATE: January 23, 1997 TO: City Council FROM: City Manager Replacement Transit Coaches In January 1996 the City placed an order for five wheelchair lift equipped coaches as budgeted. At that time, the Federal Transit Administration (FTA) in conjunction with the Iowa Department of Transportation (IDOT) made available the City of Iowa City contract to other agencies in Iowa. FTA and IDOT also allowed the award to apply to the City FY97 scheduled replacement budget, without the City needing to rebid for coaches again this year. In addition to the five coaches ordered in January 1996 the City has order five more coaches in January 1997. All coaches are funded utilizing a combination of funding; mainly 83% federal funds and 17% local funds. The awarded bidder; Gillig Corporation, Hayward CA will combine the production and deliver all ten coaches in April 1997 at a cost of $236,357 each. The following agencies have ordered coaches under the Iowa City cooperative contract: City of Iowa City 10 University of Iowa CAMBUS 3 City of Coralville 2 City.of Sioux City 2 Specifications and the bid process require each time approximately 120 combined hours of the Transit Manager, Equipment Superintendent and Purchasing Buyers to complete. The federal government's efforts to encourage efficiency in the procurement process calculates at a minimum savings of 120 hours of City staff time alone. In addition, the bid process did not have to be conducted by the other three agencies under the cooperative agreement. The City of Iowa City currently has a fleet of 21 coaches of which all but 6 will be wheelchair lift equipped when the April delivery is received. The final 6 coaches are anticipated to be retro fitted with lifts utilizing federal funds within the next year. Sale of the I 0 coaches, taken out of service after April, will be done in conjunction with the retrofit of the 6 coaches and the current evaluation of the route restructuring. City of Iowa City MEMORANDUM TO: City Council FROM: City Manager DATE: January 23, 1997 RE: Salt Bids We use approximately 1,600 tons of salt in an average winter. I thought you would be interested in how salt prices have changed over the years. There have been years when availability was a problem but price has changed little. FY81 $28.22 FY82 25.82 FY83 21.43 FY84 21.42 FY85 22.32 FY86 27.29 FY87 25.88 FY88 24.77 FY89 26.4O FY90 27.7O FY91 27.95 FY92 27.77 FY93 25.77 FY94 26.78 FY95 26.65 FY96 27.74 FY97 27.93 City of Iowa City MEMORANDUM Date: January 29, 1997 To: City Council From: Dale Helling, Assistant City Manager Re: Community Television Service You will recall that the renewed Cable TV Franchise provided for additional funding for local access and a significant portion of those funds was earmarked for "Community Programming." In the fall of 1986 a determination was made regarding the method of delivering this service after having considered recommendations from the various local access channel programmers and the Broadband Telecommunications Commission. A "Community Programme¢' was hired late last year and he has begun to provide community programming as the newly initiated "Community Television Service" (CTS). Attached please find a copy of the CTS January 1997 report. This will give you some idea of activities that have already begun and of organizations in the community who are using this service. It is anticipat- ed that the demand for these services will far exceed the availability of resources in the near future. These regular reports will serve to keep both users and the community at large apprised of the activities of the Community Television Service office and will ensure that we can identify what the community is receiving for its investment. Thus far we are very pleased with the interest shown and with what the Community Programmer has been able to accomplish. Im\dhl-292.wp5 CTSlr Community Television Service Ethan Fox, Community Programmer Oty of Iowa Ory 4 lO East Washington St, I~a City, IA. 52240 (319) 356-5454 ~h~e (319) 356-5009 Nx infovision~avalon.n~ January 1997 Community Programmer Monthly Reoort 1/27/97 I. Completed Programs 11/7/96 11/15/96 1 i/26/96 12/10/96 12/12/96 PUBLIC FORUM ON DOMESTIC VIOLENCE TRT 1:26:00 Client: DVIP WHAT TO DO ABOUT GANGS IN IOWA CITY TRT 1:42:00 Client: JCCOG NATIVE AMERICAN HERITAGE MONTH... TRT 1:58:00 Client: USDA ANNUAL LEGISLATIVE FORUM TRT 1:15:00 Client: Chamber WELFARE REFORM IT TOUCHES US ALL TRT aprox 2hrs Client: JCCOG 2. Upcoming Programs 1/29/97 I/29/97 2/19/97 4/20/97 WHAT KIND OF ADMINISTRATOR SHOULD MANAGE JOHNSON COUNTY? Client: LWV MAKING SENSE OF ADOLESCENCE Client: ICCSD HOW CAN JOHNSON COUNTY MOVE FORWARD? Client: LWV 1997 CHEESE CAKE EXPOSITION Client: Life Skills As December was slow due to holidays, I have combined my monthly reports for December and January into one. No shows were scheduled in December. 3. Outreach The effort to promote the CTS is going well. As more organizations learn of the CTS, I expect a dramatic increase in production requests. An important promotional step was the mailing of letters to the directors of the nearly 350 non-profit agencies announcing the CTS and introducing myself as the Community Programmer. A copy of the letter is attached. The letter also included a "snip and send" form at the bottom for use in obtaining information for the community calendar. Additionally, I have made three presentations this month: On the SCTV show "Mature Focus," one to the ECC regular meeting, and a third at the United Way Agency Directors meeting. 4. Community Calendar The Community Calendar section of InfoVision (category 6) went on-line Wednesday January 23, 1997. Kevin CrawIcy acting Interactive Specialist and the InfoVision staff have been helpful throughout the process of development and design. A variety of resources are being examined as sources of information. January 1997 Community Programmer Monthly Reoort / Page 2 5. Interns The interns for CTS have had a lull in their work load to improve on their editing skills and they have done just that. Meghan Boyle and Dan Strome are in the process of learning A/B roll editing, Toaster CG, Toaster Paint, and some Lightwave 3D. These two have also been trained in the set up of the three chip cameras that they will be working with while doing CTS shoots. I am pleased with their progress and level of commitment to the job. i have contacted Mick at Mayor'.s Youth Employment Services in an attempt to put Dan Strome on as an employee. I do this because I feel that although the commitment is high on Dan's part, I feel that the incentive for a Jr. High student is more favorable while being paid for their time. One obstacle has been that Dan's mother makes too much to meet the income guidelines for the program. The Department of Juvenile Probation has contacted me regarding placement of a young person needing to do restitution. Juvenile Probation Officer Jodi Gibson has a young man that would like to start at the end of this month doing his Community Service in the form of Community Programming. 6. Office As things heat up I anticipate the need for a more accurate filing system, as I have lesser skills in this area than I do in the area of let's say... Video Production. It is my intent to tap into Mike Brau's expertise in devising an ingenious filing system for all of this wonderful information in the future. If you have any questions, please feel free to give me a call at 319-356-5454. Respectfully, Ethan Fox. CTS ¢ommunlW Television Service Ethan Fox, Community Programmer O~y of Iowa Ot~ 410 East Washington SL Iowa CIt~,, IA. 52240 (319) 356-5454 phone (319) 356-5009 fax infovi$1on~avalon.net Dear Director, January, 17~, 1997 I am writing to inform you of a new opportunity available to not-for-profit groups and organizations in the Iowa City area, the Community Television Service (CTS). The CTS was developed to offer video support for local organizations, like yours, which provide services and sponsor events in our community. This is a free service, supported by your cable TV dollars and the City of Iowa City. The CTS produces video taped programs for non-profit groups and organizations to be cable-cast on local access channels in the Iowa City area. This programming can take the form of coverage of meetings, panels, forums, and public events. In addition, Public Service Announcements can be produced for a specific event or to inform and promote your organization to the public. The CTS is also in the process of developing a comprehensive community calendar, available to the public on cable channel 4's interactive InfoVision service. If your organization has special events or activities you would like included in the community calendar, please use the form below and return it to the Community Programmer via mail, fax, email, or call 319-356-5454. I believe that your group or organization could benefit from this new service. If you. have any questions or comments regarding the Community Television Service, please don't hesitate to contact me Monday through Friday from 8:00 a.m. to 5:00 p.m. Thank you, Ethan Fox, Community Programmer City of Iowa City cut out and send EVENT: PLACE: SPONSORING ORGANIZATION: PHONE: ADDRESS: DATE: / / TIME: REMOVAL FROM CALENDAR DATE: / / CONTACT PERSON: CITY OF I0 WA CITY January 29, 1997 Via facsimile & U.S. Mail Dean A. Spina Bradley & Riley, P.C. First Corporate Place 100 First Street, S.W.' P.O. Box 2804 Cedar Rapids, Iowa 52406-2804 Re: Yeggys Dear Mr. Spina: We are writing in response to your letter of January 3, 1997. In your letter of November 19, 1996 to the Mayor and the City Council, you implied the City Attorney's office kept evidence from the courts and engaged in conduct tantamount to fraud. (See, e.g., "The evidence kept from the courts was material to the City's victories," page 2; "Moreover, the City repeatedly elicited and relied upon testimony that is contrary to evidence possessed by the City and contrary to the statements made in court proceedings prior to September 1988," page 2; "However, the City protected its position by avoiding all reference to a legally described lot, preferring to use its self-created street address," page 2.) When your statements are read together, the reader might well conclude that neither the courts nor prior counsel for the Yeggys saw through our "fanciful representations," and thus justice was not served. For example, you say: "Repeatedly the City Attorney's office enabled the City to obtain judicial victories by fanciful representations ultimately accepted by district and appellate courts," page 2; and "Failure to [conduct an independent investigation] will only rubber stamp actions that undermine respect for government at all levels, including the judicial system," page 1. Although you may not have intended for your letter of November 19 to be interpreted as meaning the City Attorney's office tried to pull the wool over many judges' and courts' eyes, such reading is not unreasonable. Both of the undersigned have reviewed the file and records regarding this ongoing dispute with the Yeggys. We still 'find nothing which indicates any former or current attorneys in this 410 EAST WASHINGTON STREET · IOWA CITY. IOWA 52240-1826 · (319) 356-5000 · FAX (319) 3:56-5009 Office pursued their cases, using your word, by "f~.ncifi. d representations." More importantly, if you are accusing this Office of unethical behavior, then say it--without dancing around the issues with language such as "relying on testimony contrary to the evidence" and putting forth "fanciful representations" and "self-created street addresses." Based on National Properties, Inc. v. Polk County, 351 N.W.2d 509, 513 (Iowa 1984), you owe the attorneys in this Office an apology [attorneys are to abstain from all offensive personalities, Ethical Considerations 7-10, 7-37, and 7-38]. In the meantime, if you have a lawful or equitable claim to assert, please do so--and we will deal with it. Very truly yours, City Attorney Dennis J. Mitchell Assistant City Attorney CC~ The Honorable Mayor Naomi N. Novick and Members of the City Council Stephen Atkins, City Manager City of Iowa City MEMORANDUM Date: To: From: Re: January 30, 1997 City Manager ~.~~-~ Karin Franklin, Director, PC University of Iowa Skywalk As we have learned from the memorandum from the City Attorney's office dated January 17, 1997, the extent to which the City Council may legally address the issue of placement of the University's skywalk over Dubuque Street is limited to a determination of whether the skywalk interferes with the right of the public to have free access along Dubuque Street. As a consequence, the item which will eventually be placed before the City Council for formal approval is a license agreement as referred to in the memorandum. The University has conveyed, through a letter from Dick Gibson (attached), their desire to work with the community on the design of the skywalk. They are in the process of redesigning the skywalk in response to suggestions they have received. They will bring the revised design before Iowa City's Design Review Committee, the Downtown Strategy Committee, and the City Council. As can be seen from Dick's letter, the University wishes this structure to be an asset not only to the University but to the community as a whole. As soon as the revisions to the design have been completed and the University is able to take the design through their internal channels, we will schedule times before the entities noted above for further review of this project. Attachment jw/skywalk.kf THE UNIVERSITY OF IOWA January 24,1997 Karin Franklin, Director Planning & Community Development City of Iowa City 410 Washington Iowa City, IA 52240 Dear Karin: As you know, the University has been working on the development of alternative design approaches to the skywalk for the Biology Building expansion project. In particular, we have been attempting to work with the project architect and respond to the suggestions of the Iowa City Design Review Committee. Unfortunately, we have been unable to progress with this at the pace we had hoped--the issue is more complex than anticipated. Consequently, we will need to delay somewhat the review of these plans. I do not want to leave the impression that we do not value this consultative process, for that would be incorrect. It is simply a matter of taking the time necessary to create good design. When our design process has developed more fully, I will again be contacting you to establish dates for meetings with community groups with an interest in the process and the design of the skywalk. These meetings will almost certainly include the Design Review Committee, the Downtown Strategies Committee and the Council. Our ultimate objective is a project that will satisfy the functional needs of the Biology Department and, at the same time, be viewed as a true asset to the University and the community. Thank you for your patience and assistance in dealing with this project. Please feel free to share this letter as you wish. Regards, Richard E. Gibson Associate Vice President and Director REG/jh c: Gary Gussin Doug True I:~p~p~bb~kf-skyw, ltr Facilities Services Group - Administration 416 North Hall Iowa City IA 52242-1223 Phone 319/335-1248 FAX 319/335-1210 City of Iowa City MEMORANDUM Date: January29, 1997 / To: City Manager __'//~t ~.~~'~ From: Earin Franklin, Director F~~ Re: Downtown Strategy Committee ' The Downtown Strategy Committee is progressing very well with their work and should have a recommendation to the. City Council for discussion at the March 17 work session. Enclosed is a draft of the Committee's work to date; I emphasize that this is a draft and will probably be revised prior to the March 17th presentation. After possible revision of the Committee's recom- mended strategies and ultimate endorsement by the Council, the Committee will develop more specific action steps, including possible players, to carry out the strategies. Please contact me if you have any questions about this schedule or about the work of the Committee to date. Im\~1-29.wp5 Downtown Strategy - Iowa City February 13, 1996 Vision Iowa City's Downtown is the city's center and a regional and statewide center, distinguished by its unique, attractive, safe and lively mix of commerce, government, education, culture, entertainment and recreation for residents and visitors Goals Maintain a clean and attractive physical environment in the downtown. Provide a safe and inviting downtown for residents and visitors. Provide destination points and varied year-round activities that will draw people to the downtown. Ensure that downtown is accessible by all modes of transportation. Strategies Maintain a clean and attractive environment in the downtown. 1. Increase enforcement of existing City regulations. 2. Expand City maintenance responsibilities to beyond the pedestrian mall and develop regular maintenance schedules, which include trimming trees and shrubs, replacement of light bulbs, steam cleaning sidewalks, snow removal and street cleaning, and trash receptacle pick-up. 3. Increase the number of trash receptacles and ash trays, particularly on the pedestrian mall and place recycling containers for cans and bottles next to trash receptacles. Develop an adopt-a-block program for litter clean-up and establish a "Don't Litter" educational campaign. Program light and banner displays for special occasions throughout the downtown.. Develop a comprehensive streetscape plan which addresses aesthetics and safety. Build partnerships between the City and business owners to foster cleanliness of downtown. 8. Create a recognition program for City employees, business owners, and others who keep the downtown clean. o 2 Provide a safe and inviting downtown for residents and visitors. Provide a community service officer on a walking beat in the downtown core from noon to 8:00 p.m. and continue present coverage with uniformed officers from 8:00 p.m. to noon. Install clear signage regarding rules and regulations and increase enforcement of current laws. e Recruit youth from the community to address in a positive manner such issues as intimidation and graffiti in the downtown. Engage the groups of youths who frequent the pedestrian mall in the physical preservation of the mall. 5. Provide adequate signage for "way-finding" to and in downtown. Develop maps of downtown destinations and activities and distribute throughout the community and statewide. Undertake a professional evaluation of the physical layout of the pedestrian mall street furniture and landscaping so as to make the pedestrian environment feel safe and more inviting. Provide destination points and varied year-round activities that will draw people to the downtown. Undertake a market analysis to identify a mix of retail goods and services desired by the community, which can be profitably offered in a downtown setting. Create an assistance and marketing program to promote business retention and development in the downtown. Review and revise, as necessary, municipal regulations and practices to ensure a positive climate for downtown business retention and development. Program and actively promote major events and on-going activities and attractions in the downtown area to bring in residents and visitors. Actively seek out and subsidize, as necessary, development projects that reinforce downtown as the city's center and which attract residents and visitors to downtown, such as retention and expansion of the public library, grocery store, additional hotel and conference space, and development of cultural facilities. Provide permanent, multi-purpose activity areas that will attract families to the downtown throughout the year. Ensure that downtown is accessible by all modes of transportation. ecodev\vision2 City of Iowa City MEMORANDUM CITY COUNCIL (AGENDA ONLY) Date: January 28, 1997 To: From: Downtown Strategy Committee ~..~~~_~. David Schoon, Economic Development Coordina Re: Next Downtown Strategy Committee Meeting Due to a scheduling conflict, the Downtown Strategy Committee meeting for February 6, 1997, has been rescheduled for Thursday, February 13, 1997, 4:00 - 6:00 p.mo, in the Senior Center - Room 202. If you are unable to attend the meeting on this date, please call me as soon as possible at 356-5236. In order to have the Committee's task completed in March, Karin and I propose the following meeting schedule: Thursday, February 13, 1997 Thursday, February 20, 1997 Thursday, February 27, 1997 Monday, March 17, 1997 Downtown Strategy Committee Meeting Downtown Strategy Committee Meeting Downtown Strategy Committee Meeting Presentation to City Council Please keep these dates open on your calendar, as we plan to finalize the schedule at the next Committee meeting. CC: Steve Atkins Karin Franklin f:\dsc\resch City of Iowa City MEMORANDUM DATE: January 28, 1997 TO: City Manager and City Council FROM: Maurice I. Head, Community Development Coordinator Community Development Brochures Attached please 'find th-~ following brochures developed by the Planning and Community Development Department: 1. Home Investment Partnership Program 2. Community Development Block Grant Program 3. Let Us Help You - Maintain Your American Dream: Your Home These brochures were designed to inform citizens and non-profit organizations about community development programs. Each brochure gives background information and a general overview for each program. The brochures will help us in marketing our programs to a broader audience in the community. We hope this information will heighten the awareness of community development programs and federal funding sources available in the City. We plan to distribute the brochures to non-profit organizations and interested citizens in the community. If you know of any organization or individual that would like to have copies of the brochures, please contact Pain Barnes in the Community Development Division at 356- 5128. 0 -- 0 ~- C> 80000000 oooooooo I I  D~ ~ T._ t:: , 0 ~ c: -, · '~ ,'7/~,,~.,,~ '-'" o c o -r' .,., o'} ~ ~ ,- -- ~ ~ c c .~ c r-'- 0 LLI-~ (dO 0 ¢ °o ~ ~-~'~'- 0 ~'~ o_~- ~ (~'~ o"o <T ,,, · 6¢~ ~--~ ~ ~ ~ ~ 0 ~ ~ 0 C ~ 0 ~ 0 ~ ~ ~>o ~ .~ ~ ~ > rn E ~ ~ ~ ~ ~ ~ ~ ~ ~ o ~_ w ~ ~ o m ~,,, ~ > ~ ~ (~-- ~ ~ E W ~ o~ ~ ~ ~ ~ W ~ ~ o U ~ ~ u~ _ ~_ ~ >,~ ~ ~ o c c c-- c o ~ ' ~ ~ · · · · W City of Iowa City MEMORANDUM TO: FROM: DATE: City Manager Lisa Handsaker January 28, 1997 RE: Parking Ramp Promotion This note is to report the results of a TEAM Committee idea. Barb Coffey has been trying to make the City News (distributed to citizens along with water bills) more interactive with citizens. She has been including coupons for a free swim at the Recreation Center, a free round-trip Iowa City transit pass, etc. Barb thought it would be a good idea during the heavy shopping season to promote the Dubuque Street ramp. For the December City News, she incorporated a coupon for one free hour of parking in that facility. We are pleased to report what we believe was a successful promotion--over 300 coupons were remitted. The TEAM Committee will continue to look for ways to promote City services. TEL E C O MMUNI CATI O N S Date: January28, 1997 To: All Departments and Divisions Purchasing _D, ivision, x5076 From: Jeanne SomskY, city Managers Office, x5010 Lisa Handsaker, RE: Courtesy Phone at Civic Center Information Desk The Civic Center Information Desk has added a new "courtesy phone" for the public to use to make short local calls. We have already seen a positive response from the public, for the use of the phone as well as the friendliness with which it is offered. The pay phone in the Police waiting area will remain for Police customers and other public as needed. Civic Center staff may find the courtesy phone useful for short calls, such as resolving a question about a FAX transmission. Staff from outside the building may also use the phone for quick calls. The phone is hearing aid compatible, and has a volume control for the ear piece, which will be helpful when the lobby gets noisy. However, please remember to move away from the counter when you use the courtesy phone, so that Information Desk staff can handle their own calls. We also ask that you limit calls to three minutes, and please, no personal calls. Thanks to Pam Sinnott and Maria Bailey at the Information Desk for making the courtesy phone available to the public as well as City staff. Special thanks to Maria for suggesting the courtesy phone, demonstrating that there are many ways for the City to provide customer service and extend good will to the public. Iowa City Area Chamber of Commerce ~resems eur slxm annual t~uslness fair Walk of the Stars P.O. Box 2358 · Iowa City, IA 52244 319.337.9637 (TeO · 3Z9.338.9958 (Fax) 1997 Theme "Walk on the Wild Side" Janua~24,1997 Capt. D. Strand Iowa City Police Dept. 410 E Washington St Iowa City, IA 52240 Dear Capt. Strand, Thanks to you, the 1997 ''walk of the Stars" Business Fair was a smashing success! Our groat attendance, media exposure, and rave reviews from the business community and public were directly related to the time and effort you gave us. We look forward to your participation in a bigger and better "Walk of the Stars" 1998! Sincerely, Deb Pullin-Van Auken 1997 Business Fair Co-chair Victoria Thiede 1997 Business Fair Co-chair Enclosure P.S. Please help us make next year's Fair even better by taking a few minutes today to complete the enclosed questionnaire. Date: Wed, 29 Jan 199.7 07:43:11 -0600 From: "j.a.nesbitt" <john-nesbitt@UIOWA.EDU> ~eply-To: jcnews@yosemite.leepfrog.com To: jcnews@yosemite.leepfrog.com Cc: daily-iowan@UIOWA.EDU, gazette@FYIOWA.INFI.NET, "ICON, IC Weekly Newspaper" <icon@POBOX.COM>, icpc@inav.net, joe.bolkcom@POB0X.COM, moorerj@blue.weeg.uiowa.edu, "Ms. Kim Benge, Dep. Adm. Asst." <krmbenge@blue.weeg.uiowa.edu>, jim-fausett@UIOWA.EDU, mkarr@blue.weeg.uiowa.edu, baker!@blue. weeg.uiowa.edu, kkubby@blue,weeg.uiowa.edu, denorton@blue.weeg.uiowa.edu, james-throgmorton@UIOWA.EDU, klingama@blue.weeg.uiowa.edu, michael-kanellis@UIOWA.EDU, john-widness@U~OWA.EDU, d-yarbrough@UIOWA.EDU, richard-gibson@UIOWA.EDU, marysue-coleman@UIOWA.EDU, gerald-stone@UIOWA.EDU, davidson@blue.weeg.uiowa.edu SubJect:'~CNEWS: NB-7/1/24: Melrose Recapitulation, 1972 to 1997 John Nesbitt's Neighborhood Bulletin, 1997, January 24 Serving Home Owners, Renters, Families, and Neighbors Countywide "Your Neighborhood:. Protect It, Preserve It, and Promote It" SPECIAL ISSUE: Melrose Recapitulation, 1972 to 1997 Contents -- This Issue 2. 3. 4. THE-MELROSE: Built for Four Lanes and 100,000 Population Iowa City's "Go-Go, Grow-Grow" Sloganeering, 1970 to 2000 THE MELROSE: 4-/3-Lane Variations on 63'-10, as of January 1997 .U-Iowa's Plan for "South of THE MELROSE" -- What Is It? Key: "THE MELROSE" means the Melrose Bridge and Melrose Thoroughfare Development project, Melrose Avenue between the Iowa River and the City of University.Heights. ~ THE MELROSE: Built for Four Lanes and 100,000 Population Iowa City, U-Heights, U-Iowa, Iowa -- The current 1996-1997 construction of the THE MELROSE from Riverside to Melrose-Koser-Golfview Intersection is moving forward. THE MELROSE provides a four-lane corridor (two lanes east and two lanes west). . However, THE MELROSE will be stripped initially for three-lanes. The current Melrose avenue posesto two major obstacles to Iowa City'.s development of a full blown divided four-lane highway linking Highway 80 and Highway 218 to Burlington. to Downtown Iowa City. No. 1: The bottleneck between Grand Avenue (running in front of the U-Iowa Field House) down to Riverside. Of course, once traffic gets to Riverside the major Burlington Bridge and Thoroughfare, traffic swishes to the Downtown Parking Ramps. No. 2: 'The. bottleneck caused by the stretch of Melrose in the City of University Heights. This roadway is stripped two and three lanes. The City Councilors of the City of University Heights considers the two-three lane stretch critical to protecting all the University Heights neighborhoods. However, the U-Iowa and Iowa City could get around the City of U-Heights by appealing directly to the Iowa Legislature and Department of TranspOrtation to make the U-Heights stretch into a four-lane-plus thoroughfare.. If these two bottlenecks were removed an enormous number of ~ehicles could be funneled in and out on THE MELROSE. Of course, if this "developers' coup".happens, it will have a profoundly adverse imDact on Melrose homes, rentals, families, and neighborhoods for both Iowa City and University Heights. Property would degraded two and three blocks north and south of THE MELROSE. Melrose will be stripped four-lane when the Iowa City City Councilors,'and/or the U-Iowa President/Hospital Vice President, and/or the JCwCouncil of Governments and/or IC enterprise advocates decide to install the four lanes. Iowa City's increasing PERIMETER SPRAWL increases the probability of four-lanes. There is no Iowa City City Ordinance, nor Iowa City Plan, or nor Iowa City Policy that has served to project the home owners, renters, families, and neighborhoods on Melrose or the homes one to three blocks either south or north of Melrose. In 1985 the Iowa City City Council adopted an Urban Environmental Policy (including aesthetics, neighborhoods, safety, security, social well b~ing, welfare). (1) The concepts and principles embraced and endorsed in the IC UEP could protect Iowa City neighborhood livability. But, the UEP is disregarded by the Council, City Manager and City Planners. (1) MayoF Novick served on the UEP writing committees and Councilor Baker was on the.Council when the UEPolicy was adopted unanimously.) If.the IC City Councilors had one-tenth the interest in the UEP that they have in IC's "Go-Go, Grow-Grow" drive, then Iowa City's and adjacent area's homes, families, streets, and neighborhoods would be protected, preserved, and promoted. The four-lane MELROSE Highway 218 to Downtown Iowa City is part of Iowa City's "Go-Go, Grow-Grow" drive. This plan coincides with. increasing Iowa City's population from 60,500 (current) to 100,000 -- the population that the $225-million-plus water system is designed to serve. Sincethe la%e 1960s Melrose neighborhood residents in Iowa City and University Heights have known of the adverse impacts that would be caused when the U-I, UI-Hospital, IC, JC-COG carried out their THE MELROSE Development Project. A series of 'citizen associations and groups have. formed in the Melrose neighborhoods since 1972. Their appeals have been disregarded.. Home owners and renters, families, and neighborhoods can't match the Iowa CitY, U-Iowa/Hospital, and JC-COG resources in terms of staff time and services, money, and time -- up to 25 years if necessary. .The only assistance received. by local, county, state and U.S. government was the intervention of U.S. Jim Leach on behalf of the Melrose Neighbors-. Representative Leach assisted the home owners and renters and neighborhoods of Melrose. Neighbors who have predicted adverse impacts caused by the Developer Triad Iowa City, U-Iowa, and JC-COG for 25 years now witness their dire predictions taking place. Iowa City and adjacent areas are now experiencing the adverse impacts that were predicted. Iowa City~.s "Go-Go, Grow-Grow" Sloganeering, 1970 to 2000 Successively, from 1970 to 1996, Iowa City, U-Iowa/Hospital, and JC-COG have set various population increase goals using slogans including: *--1970s.S1ogan, "We must grow'from 40,000 to 50,000 to be a U.S. SMSA/MA (1) and receive U.S. Government funds." It not clear what real benefits have been achieved by U.S. SMSA/MA status. All. too often U.S. SMSA/MA money has strings that require more money and resources from the city to conduct projects. The projects'often are more in keeping with what the U.S. Government wants than cities' needs. The result is something built'or provided and required local funds that were short. RESULT: There was a cost-benefit loss caused by the increase in population, increased costs, and loss of livability that was not offset by the U.S. "free" money. (1) SMSA/MA, Standard Metropolitan Statistical Area/Metropolitan Area is either a place with at least 50,000 inhabitants or an organized area with a total population of at least 100,000; or, in New England,'75,000. *--1980s Slogan, "We must grow from 50,000 to 60,000 to compensate for the loss in U-Iowa enrollment that everyone knows is coming in the 1990s." In fact, the decrease in U-Iowa enrollment did not happen in the 1980s,.has not happened in the 1990s, and, is not anticipated to happen 2000 to.2010, U-Iowa/Hospital expansion and building has continued. The U-Iowa is not retrenching. RESULT: The'U-Iowa enrollment did not decrease; but, the threat of losing enrollment.provided a rallying cry and rationale for GROWTH. Realistically, it is not clear that decreased enrollment was based on professional research. Slogans work because they "sound good." *--1990s Slogans, "Everyone knows we have to grow!" Iowa city Press citizen. , "Growth Is Progress. Progress Is Growth," Iowa City city Councilors. "Growth: We Have No'Choice!", League of Women Voters, LWV (see below). This LWV slogan grew out of the'LWV Forum, "Growth: Choice?" The answer the League came up with was: "No." Do We Have A The League of Women Voters "Growth: Do We Have A Choice?" Forum offered a panel of "developers." They presented views supporting the concept that there was no option other than growth. ..Ironically, two panelists, an IC City Councilor 'developer' and a IC Chamber of Commerce.'developer,' both stated publicly that the LWV might have seen fit to invite a "slow growth" or "no growth" spokespersons to speak at the forum. The IC City Councilors' growth goal is from 60,000 to as high as 100,000 or higher. The only guestions asked by the IC City Councilor, City Manager, .City Staff and enterprise advocates are: *--"how fast can we grow?" which translates to "how fast can we turn a profit and increase revenues"; and, *--"how big can we grow? 100,0007 125,0007" which translates to "how big a profit can theenterprise advocates get?" Various enterprise advocates base their growth-progress position on ideas'such as, "We have to be able to'employ the U-Iowa graduates"; or ""We need more people to pay the additional taxes we need to pay for the city's amenities." Iowa City's go-go, grow-grow policies and practices have served to cause a score of city ills and problems. These ills and problems have DEPRESSED IoWa City's: aesthetics, general welfare, historical ~onservation,'livability, safety,'security, neighborhoods livability, safety, security, sense of community, and identity, and social well being. These same Iowa City policies and practices have INCREASED crime, violence, neighborhoods in jeopardy,.and aggressive police tactics.. There is a direct conneGtion from Iowa City City Council policies and practices and the current, profound problems confronting Iowa City. Questions have been raised about the "go-go, grow-grow".special census. The Iowa City'City Council's."special census" failed to show an increase in population. The City Council believed that 1990 to 1996 population in Iowa City had grown from 60,000 to 65,000 or more. The special census was conducted to have the "data" in hand to go forward with "go-go, grow-grow"projects. .But, the door to door special census turned up an increase of only 500 -- not 5,000. 'The Iowa City City Council was 10 % correct in its analysis and 90 %.incorrect. BeGause this finding was not wh~t.City Council wanted a continuing costly analysis-is being conducted to find out what when wrong. "Wr6ng" in this case means that the Iowa City "did'not get the answers it wanted to buttress its go-go, grow-grow drive. One SOlution to this "wrong answer dilemma" would be for IC City Councilors' to hire.the $100,000 Minneapolis Contract Developer firm (the one that did THE'MELROSE environmental assessment). For $100,000 contract could conduct a population survey.and write the 65,000.finding that Iowa City wants. Iowa City "Go-Go,Grow-Grow" projections calling for major expansion, major borrowing, and major revenue increases may have been temporarily. confounded'by the errant census survey. THE .MELROSE Construction. Project is well underway. The construction .has already caused adverse, .negative impacts on business and commerce and to traffic and pedestrians along its path. Businesses are down as much as 60 percent. The status of rentals and real estate is questioned. In response to the 60 percent loss in one business one city officialsaid, "Any business person would have known that businesses would be impacted negatively." Iowa City tax-payers paid for a $100,000 Minneapolis Contract Developer firm to conduct an Environmental Assessment of the'Melrose Development Project. The $100,000 study did not cite the negative economic impact that was obvious to "any business person." Thus, THE MELROSE Development Project.went forward rather than'being subjected to a U.S. Environmental Impact Statement study. Based on the adverse impacts witnessed now the EAStudy was justified. Who benefits from Iowa City growth?' Primarily, the enterprise advocates benefit. The costs for the city should be matched to the reasonable ability of the residents to pay taxes. Increased population increases costs. A family or city that is determined to spend (and borrow to spend) more money than its income brings in is destined to debt and higher taxes. Further, increasing population actually dilutes services and 'livability'. So, why growth? The foremost beneficiaries of growth are business and commercial interests. They sell the groceries and cars, rent and sell the housing, provide the restaurants and bars, and so on. Enterprise advocates want the non-business and non-commercial residents to pay the basic costs for the city'and the'costs of development. The more the citizens pay the more money the enterprise. advocates clear. And, the more the non-benefitting citizens lose. If 1,000'more residents to Iowa City stretches city services more, increases costs and in turn the need for additional tax money, increased "more problems -- more housing problems, more cars and congestion, more parking problems, more crime, more delinquency, more drugs, more violence, more aggressive police procedures, more fire service needed, more desertion of downtown, more crowding.in classrooms already ten years in space, and more taxes of all kinds. Citizens should note that over the last 18 months that no IC City Councilor, City Executive, or City Staffer has stepped forward to' proclaim, "I am responsible-for~ (reader, fill in the problem) going wrong." Of course, every city problem can be solved with growth, 'more staff, more money, and more power and authority.drawn closer to the Iowa City Civic center. 3 . THE MELROSE: 4-/3-Lane Variations on 63'-10, as of January 1997 In general, roadway lane width varies from: 9 feet (considered narrow but feasible); 10 feet (considered standard); 11 (considered optimal); and, 12-14 feet (considered maximal.) Both, the Melrose Thoroughfare and the Melrose Bridge will be 63'-10. The dimensions of the Melrose' Thoroughfare are: MELROSE THOROUGHFARE at 3 lanes ..... Conversion/Restripping to 4 Lanes U-Iowa Hospital NORTH SIDE 3 LANES 8'-5 Sidewalk' 7' Bike lane 11' Lane. '11' Turning lane 11' Lane, 7' Bike'Lane 4'-5 Brick 4' Sidewalk 63'-10 4 LANES RESTRIPPING Lane 11'-7.5 Lane 11'-7.5 ..... ~Lane 11'-7.5 ............. Lane 11'-7.5 SOUTH SIDE Melrose Residence AND THE MELROSE'BRIDGE at'3.1anes Conversion/Restripping to 4 Lane NORTH SIDE' 3-LANES .... ~ ................. 4 LANES RE STRIPPING 1' 1,~5 5' 11* 11' 11' 5' 1'-5 8' 1' 63'-10 SOUTH SIDE Handrail Sidewalk Barrier Bike lane .............. Lane Lane ..................... ~--Lane Lane Lane ........................ Lane Bike lane .......... Lane Barrier Sidewalk Handrail 10'-7.5 10'-7.5 10.,-7.5 10'-7.5 U-Iowa's Plan for "South of THE MELROSE" -- What Is It? Currently, the U-Iowa owns a number of the residential properties on the south side of.THE MELROSE. The U-Iowa might, over an extended period, gain control of all residential properties on the south side of Melrose. Then, the u-iowa could use space as it chose, for administration, hospital, parking,'recreation,'or even academics. This possibility could be considered'long-range planning. The last known U-Iowa/Hospital plan for south of Melrose was a thoroughfare that would have paralleled Melrose Avenue. This plan was superseded by THE MELROSE Development Project. The U-Iowa/Hospital has never' invited any comment from any of its residential neighbors. When U-Iowa/Hospital officials have met with'local citizens the U-Iowa/Hospital perceived of the meetings as briefings, simply telling local resident their progress in implementing their building plans. The article "Campus-Grampus," Iowa City Magazine, 1992-1996,. was one of the few articles appearing in any Iowa City publication that. dealt' objectively with institutional and urban planning by the U-Iowa/Hospital that impacted Coralville, Iowa City, University Heights. In part, this article dealt with the U-Iowa middle-range plans for the development of Finkbine Golfcourse for administration buildings and roadways. But, the U-Iowa's and Iowa City's plan for development south of Melrose is not known. The U-Iowa/Hospital operates independently from Iowa City and Johnson County Council of Governments (JC-COG). The U-Iowa/Hospital is the sole authority in deciding its development, .including development that impacts on neighbors. However, the separate plans for development of U-Iowa/Hospital, Iowa City, and JC-COG often coincide. MELROSE JOKE Two 35-year veterans of THE MELROSE Conflict were talking. Proactive Melroser Resident: "Which would you rather live next to: The U-Iowa/Hospital or a family of gorillas with a 600 pound silverback?" Reactive Melroser Resident: "I don't know, which?" Proactive Melroser: "The gorillas talk tough but they are gentle, they fight fair and they fight in the open." Reactive Melroser: "I'm moving next door to the gorillas." ~.ND Date= Fri, 24 Jan'1997 23=04=42 -0600 F~om= "j.a.nesbitt" <john-nesbitt@uiowa.edu> To= jcnews@yosemite.leepfrog.com Cc= joe.bolkcom@pobox.com, moorerJ@blue.weeg.uiowa.edu, "'Ms. Kim Benge, Dep. Adm. Asst." <krmbenge@blue.weeg.uiowa.edu>, jim-fausett@uiowa.edu, mkarr@blue.weeg.uiowa.edu, bakerl@blue.weeg'.uiowa.edu, michael-green@uiowa.edu, kkubby@blue.~eeg.uidwa.edu, denorton@blue.weeg.uiowa.edu, james-throgmorton@uiowa.edu, klingama@blue.weeg.uiowa.edu, michael-kanellis@uiowa.edu, john-widness@uiowa.edu, richard-gibson@uiowa.edu, gerald-stone@uiowa.edu, marysue-cbleman@uiowa.edu,.davidson@blue.weeg.uiowa.edu, daily-iowan@uiowa.edu, gazette@fyiowa.infi.net, "ICON, IC Weekly Newspaper"' <icon@pobox.com>, icpc@inav.net Subject= NB-?-1-24/2= R.Moe on Mindless Sprawl Destroys Sense of Community John Nesbitt's NEIGHBORHOOD BUIiLETIN/Press, January 26, 1997 Your Neighborhood -- Protect It, Preserve It, Promote It ARTICLe= President'of National Trust for Historic Preservation Richard Moe Cites, "'Mindless Madness Call Sprawl, Chaotic Growth Destroys Sense of Community," Des Moines Register, Jan. 19, 1997, pp. Cl-2. "Drive down any highway leading into any town in the country, and what do you.see? 'Past-food outlets, office parks and shopping malls ... Residential subdivisions spreading like inkblots obliterating forests, farms... Cars moving sluggishly down the broad ribbons of pavement or halting in frustrating clumps at choked intersections or parked in glitteFing rows ..~ "You see the graYeyard of livability ... communities drowning in a destructive, soulless, ugly mess called sprawl ... "Many of us have developed a frightening form of selective blindness that allows us to pass by the appalling mess without really seeing it ... "We've allowed our communities to be destroyed bit by bit -- nicked to death by urban planning ... "Most of us have shrugged'off this destruction as 'the price of progress'. That's wrong ... ."Development'that destroys communities isn't progress. It's chaos ... Too many' developers follow standard formulas, and we haven't demanded much better. And too many governments, from the national Capitol all the way down to the smallest .town hall [Civic Center] have adopted laws and policies that constitute powerful incentives for sprawl ... "Of course [NTHP is] concerned about sprawl because sprawl devastates older communities, leaving historic buildings and neighborhoods under used,. poorly maintained, or abandoned ... "CORRODING' COMMUNITY SPIRIT ... There's a growing body of grim evidence to support' our belief that the destruction of traditional downtowns and older' neighborhoods -- places that people care about -- is corroding ~he very sense of community that helps bind us together as a people. and as a nation ... "Sprawl ... affordable housing on the edge of town -- but affordable for whom ... The developers own expenses may be less, and the home buyer may find the prices attractive -- but who picks up the extra costs of fire. and.police protection, new roads and new utility infrastrBcture in these outlying areas? We all do, in the form of higher taxes for needless duplication of services and infrastructure that already exist in the older parts of our cities and towns ... "Besides being'ugly, sprawl is wasteful, destructive, and riscally irresponsible ... "W~ can't go on this way. It's time for all of us to rise up and call for a halt to this endless, mindless madness called sprawl ... "Government ~t every level is riddled with policies that mandate or encourage sprawl .... "... most current zoning laws make it impossible -- even illegal -- t6 create the sort.6f compact walkable environments that attract us to older neighborhoods and historic communities all over the world. These [zoning] codes are a major reason Why 82 percent of all trips in the U.S. are taken by car. "The average American household now allocates more than 18 percent of its budget to transportation expenses, most of which are auto-related. That's more than [the average American household] spends for food and three times more than. it spends for health care ... "Public officials, transportation planners, civic leaders, and private citizens can.-- and should -- make it possible for us to live comfortably and work efficiently without driving 12,000 miles per year as we do now ... What's.needed is urban planning that encourages sensible dense environments and ~uts down on the. amount of time behind the wheel ... "LAND USE PLANNING ... Our communities should be shaped by choice, not by chance ..: We can let the highway engineers and the big-box retailers determine our communities' future for us, or we can take steps to get the kind' of. communities we want ..~ "Municipalities should.promote downtown housing and mixed-use zoning :.. The goal should be an integrated system of planning decisions and r. egulations that knit our communities together instead of tearing them apart ... "We. shouid demand land-use' planning that exhibits a strong bias in favor of existing communities ... it makes perfect sense for us to refocus attention to .ou.r older city centers, to redirect our investment to existing urban and suburban areas ... "... iiv~bility isn't just warm-and-fuzzy, Hallmark card sentiment. In an increasingly competitive global marketplace, livability is the factor that will determine which communities thrive and which ones wither Mr. Moe presented this information in a speech at the San Joaquin Valley Town Hall in Fresno, CA, on Nov. 20, 1996. John Nesbitt's Neighborhood Bulletin/PRESS, 1997. 362 Koser Av, Iow~ City, IA 52246-3038 USA TEL-319/337-7578. E-MAIL <john-nesbitt@uiowa.edu> FAX-On Request. Date: Sat, 25 Jan 1997 22=46:34'-0600 From: "j.a.nesbitt" <john-nesbitt@uio~a.edu> do: jcnews@yosemite.leepfrog.com Cc: mkarr@blue.weeg.ui0wa.edu, bakerl@blue.weeg.uiowa.edu, kkubby@blue.weeg.uiowa.edu, denorton@blue.weeg.uiowa.edu, michael-green@uiowa.edu, klingama@blue.weeg.uiowa.edu, jim-fausett@uiowa.edu, michael-kanellis@uiowa.edu, john-widness@uiowa.edu, d-yarbrough@uiowa.edu, "Ms. Kim Benge, Dep.'Adm. Asst." <krmbenge@blue.weeg.uiowa.edu>, joe.bolkcom@pobox.com, moorerj@blue.weeg.uiowa.edu, daily-i~wan@uiowa.edu, gazette@fyiowa.infi.net, "IqON, IC Weekly Newspaper" <icon@pobox.com>, "Nathan Haydn Willard (Radar O'Reilly)" <nathan.willard@yale.edu>, icpc@inav.n~t, davidson@blue.weeg.uiowa.edu Subject: K-6: New Urbanism is Traditional: Adversarial, Codes, Charette, Publi John Nesbitt's Neighborhood Bulletin -- 1997 January 26 Serving Home Owners, Renters, Families, Neighborhoods Motto: Your Neighborhood -- Protect It, Preserve It, Promote It SERI~S: Kunstler's "Nowhere: Geography and Home" New Urbanism ARTICLE: K-6: The New Urbanism Is Traditional: Adversarial, Agreement, Codes, Charette, Public Funds, Thr0waway, and Town Planning Kunstler on the Adversarial Process, p. 66 '"Because many citizens have been unhappy with the model of development that zoning gives them, they 'have turned to the adversarial process ... what ends up getting build is a terrible piece of sprawl equipment -- a strip mall, a housing subdivision Everybody is left no doubt many proje~ deserve to get beaten miserable and demoralized up and delayed, even kille~]~ Kunstler on. Agreement, Consensus on Streets and Cities , p.50 ,,our zoning laws are essentially a manual of instruction for creating the stuff of our communities. Most of these [zoning] laws have been in place only since the Second World'War. For the previous 300-odd years of American history we didn't have .zoning laws. We had a popular consensus about the right way to assemble a town or a city. Our best Main Streets and Elm Streets were created not by municipal ordinances but by cultural.agreement." Kunstler-on Codes: Architectural Benefits and Excellence, p. 64, 65 "Architectural codes [supplemeDt urban codes] ... to achieve a standard of excellence in design for the benefit of the community as a whole Architectural codes establish a standard of excellence for individual buildings, particularly the surface details. Variants to codes may be granted on the basis of architectural merit. The new urbanism does not favor any particular style." Kunstler on Codest Traditional Town Planing Codes, p. 66 "Traditional town planning produces pictorial codes that any normal citizen can comprehend. This is democratic and ethical and practical as well. It e%evates the.quality'?f public discussion about development ... Such' pictorial codes show a desired outcome at the same time they depict formal specifications. They are more useful than the realms of balderdash found in zoning codes an exemplary town-planning code by Andres Duany, Elizabeth Plater-Zybec~nd others ... can be in 9th Edition, ARCHITECTURAL GRAPHIC STANDARDS ... a brief 14 pages Although it is generic, codes of similar'brevity could easily be devised'art localized conditions all over America." Kunstler on Charette Method to Settle Issues, p. 66 "... the modern.meaning ... is a week-long professional design ~orkshop held. for.the purpose of planning land development or redevelopment · includes developers, architects, citizens, government officials, ~rlffic engineers, environmentalists, and so on. These meetings are meant to get all issues on thetable and settle as many of them as possible ... avoids.... gruesome process of conflict resolution by lawyers . a hugely expensive waste of societies resources benefitting only lawyers]~ EDITOR'S NOTE. The 'charette' concept and process started in the middle ages in Europe. An architectural student would start at one corner of the college common with a three-dimensional building and as the student walked across the.square people would commend or criticize the model. By the time the student reached the end of the walk', the necessary changes were well known. The process has been applied for some 25 years in group process. CHARETTE. Derived~ French; A cart, used to transport drawings. The intense final effort made by architectural students to complete their solutions to a' given architectural problem in an allotted time. Webster's Third New International Dictionary of the English Language, Unabridged~ .. Kunstler on Public Funds: Wher~ Did They Go, p. 50 "As for public squares, parks and the like -- forget it. We can't afford them, because we spent all our funds paving the four-lane highways and collector roads, and parking lots, and laying sewer and water lines out to the housing subdivisions, and hirihg traffic cops to regulate the movement of people in their care going back and forth among these segregated activities [separate activities are residence VS. work rS. buying goods VSi entertainment, etc.]." kunstler on Throwaway: Architecture, Buildings, and Development, p. 65 "... post [WW II] America regard[ed] buildings as throwaway -commodities,. like cars . that attitude has now infected all architecture and development..., low ~andards ...-are today perfectly normal." K on Town Planning: The New Urbanism Is Traditional, p. 66 "... Society [would] benefit if we could agree on a model of good degelopment and simplify the means of going forward with it ... This is the intent of the traditional town planning that is the foundation of the new urbanism ... Human settlements are living organisms we can decide the nature Of growth -- on the quality and character of i~'-- and where we ought to go. "We don't have to scatter.the building blocks of our civic life all over the countryside, destroying our towns and ruining our farmland ... We can build Main Street (commerce) and Elm Street (residence) and still park our cars. It is within our power to create places that are worthy of our affection.' By James Howard Kunstler: The Geography of Nowhere; The Rise and Decline of America's Man-Made Landscapes. Simon and Schuster. 1994. · "Home from Nowhere," The Atlantic Monthly, September 1996. Home from Nowhere; Remaking Our Everyday World for the 21st Century~. Simon and Schuster. 1996. END OF ARTICLE John Nesbitt's. Neighborhood Bulletin/PRESS, 1997. 362 Koser Av, Iowa city, IA §2246-3038 USA TEL-319/337-7§78. E-MAIL <joh~-nesbitt@uiowa.edu> FAX-On Request. IOWA CITY CLERR From~ Jo Ho{a~ty 1-29-97 9,05am p. Z of S Johnson Count/ Sally Slutsman, Chairperson Joe Bolk¢om Charles D. Duffy Jonathan Jordahl Stephen P. La¢ina BOARD OF SUPERVISORS January 30, 1997 FORMAL MEETING Agenda 1. Call to order 9:00 a.m. 2. Action re: claims 3. Action re: formal minutes of January 16th. 4. Action re: payroll authorizations 5. Business from the County Engineer. a) Action re: approval of Secondary Roads Supplemental Construction Program for FY '97. b) Action re: resolution approving Johnson County Integrated Roadside Vegetation Management Plan. c) Other 6. Business from the County Auditor. a) Action re: permits b) Action re: reports Other 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWACITY, IOWA 52244-1350 TEL: (319) 356-6000 Agenda 1-30-97 Page 2 9:30 a.m. - Public Hearing for State of Iowa's Historical Rehabilitation Tax Exemption Program. Action re: resolution approving the priorities for which an exemption may be granted under the State of Iowa's Historical Rehabilitation Tax Exemption Program. 8. Business from the Planning and Zoning Administrator. a) Final consideration of application Z9649 of Robert Breese. b) Final consideration of application Z9654 of Michael and Jean Wainwright. c) Final consideration of application Z9655 of Dean Phinney. d) Final consideration of application Z9656 of Douglas and Yvette Yansky and Daniel and Jeanne Berg. e) Final consideration of application Z9657 of Clyde and Lenora Seaton. f) Final consideration of application Z9658 of Simpson Family Farm Limited Partnership. g) Final consideration of application Z9659 of Stanley and Shirley Stutzman. h) Other 9. Business from the Assistant Planning and Zoning Administrator. a) Discussion/action re: the following Platting applications: Application S9681 of Dean Phinney requesting preliminary and final plat approval of Twin Ponds Hollow Addition (A Resubdivision of Lot 1 Twin Ponds Addition), a subdivision described as being located in the NE 1/4 of the SW 1/4 of Section 2; Township 79 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This is a 2-lot, 33.67 acre, residential subdivision, located on the north side of 355th Street NW, at the east end of 355th Street SW in Clear Creek Twp.). To~ IOIA CITY CLE~E From: Jo Hogar~y 1-Z9-9¥ 9~O§am P. 4 oE 5 Agenda 1-30-97 Page 3 b) Application S9682 of Robert Breese, signed by Tom Anthony of Landmark Surveying and Engineering, requesting preliminary plat approval of Pine View Acres, a subdivision described as being located in the SW 1/4 of Section 2; Township 80 North; Range 6 West of the 5th P.M. in Johnson County, Iowa. (This is a 4-lot, 27.717 acre, residential subdivision, located on the east side of Jordan Creek Road NE, approximately 1/4 of a mile north of the Jordan Creek Road and Sugar Bottom Road NE intersection in Newport Twp.). Other 10. Business from the Johnson County Sheriff's Department. a) Action re: computer upgrade. b) Other 11. Business from the County Attorney. a) Report re: other items. 12. Business from the Board of Supervisors. a) Action re: letter from Iowa Department of Public Health re: Substance Abuse Prevention. b) Motion approving family farm tax credits as recommended by the City Assessor. c) Action re: appointment to the Johnson County Council of Governments Rural Policy Board. (2) d) Action re: appointments to the Iowa City Riverfront and Natural Areas Commission. (2) e) Action re: appointment to the Judicial Magistrates Commission. (1) f) Other To~ IO~B CITY CL~RK From: Jo Ho~ar~¥ 1-~9-97 9~06am p. ~ of $ Agenda 1-30-97 Page 4 13. Adjourn to informal meeting. a) Inquiries and reports from the public. b) Reports and inquiries from the members of the Board of Supervisors. c) Report from the County Attorney. d) Discussion re: budgets. e) Other 14. 5:30 p.m. - Prcscntation of Computer Needs Committee Report. 15. Adjournment. Practice Limited to Periodontics 1517 Mall Drive Iowa City, IA 52240 (319) 337-5752 · Fax (319) 351-8348 JAN 3 1 1997 CITY MANAGER'S OFFICE January 30, 1997 Mr. Stephen Atkins City Manager civic Center 410 E. Washington St. Iowa city, IA 52240 Dear Mr. Atkins: I am writing in response to the recent criticism of the Police Department's policy on the use of guns. Several years ago, I was home alone with my two young children. Our security system alarm sounded at 3:00 in the morning due to activation of a motion sensor in our basement. The police arrived several minutes later. They drew their guns and searched the basement. Fortunately, it was a false alarm, but it was very reassuring to know that they were there and ready to deal with the situation had there been an intruder. I believe that the police acted appropriately by having a weapon in their hands before entering an area of potential danger. In this way they protected my children and me, as well as themselves. It would be. unfortunate if the events surrounding the Eric Shaw case influence the procedures that the police use to protect all of us. Sincerely, Ann Romanowski, D.D.S. AR:bvs cc: Chief Winkelhake City Council January 31, 1997 Dean A. Spina Bradley & Riley, P.C. First Corporate Place 100 First Street, S.W. P.O. Box 2804 Cedar Rapids, Iowa 52406-2804 CITY OF I0 WA CITY Re: Yeggys Dear Mr. Spina: Based on some of your prior correspondence and our conversations, I am under the impression that your clients may wish to mediate this dispute. I have spoken with the City Council and some of the neighbors about this possibility. The City is willing to participate in mediation provided that your clients pay the costs of mediation. Although I have not heard from the Michaels, Nancy Skay and Juli Slaymaker have also indicated that they would be willing to participate in mediation. I believe that mediation will only be successful if the neighbors participate. Before we discuss mediation any further, however, you should know that the City will not exempt your clients from the requirements of the City's nuisance and zoning laws. If there are other issues that you believe could be mediated, then I do believe that mediation could be beneficial. Please let me know if your clients would like to engage in mediation. We should start the process as soon as possible. Very truly yours, Dennis J. Mitchell Assistant City Attorney CO: Linda Newman Woito, City Attorney The Honorable Mayor and Members of the City Council Stephen Atkins, City Manager Nancy Skay Juli Slaymaker Bruce and Susan Michael 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 ~ (319) 356-5000 · FAX (319) 3,56-5009 ISECTION 1 A. Bo C. D. E. I SECTION 2 USE OF FORCE A. Other Iowa Jurisdictions POLICE REVIEW REVIEW OF POLICE TRAINING ILEA Certification of Law Enforcement Officers - Curriculum Summary (1) ILEA Firearms Curriculum (2) Use of Force Curriculum (3) Defensive Tactics Curriculum (4) Felony Calls - Crime in Progress Curriculum Iowa City Police Department Field Training and Evaluation Program 1997 MATS Schedule MATS 1996 Course Content Guide Mobile Team Training - Curriculum Summary SECTION 3 B. Use of Force Comparison Charts - West Des Moines, Polk County, Waterloo, Cedar Rapids, Newton, Dubuque, Sioux City, Ames C. Iowa City Police Department Use of Force Policy 95-03 D. Iowa City Police Department Use of Force Policy 91-03 E. Coralville Police Department Use of Deadly Force Policy F. Coralville Police Department Use of Less-Lethal Force Policy INTERNATIONAL AssoCIATION OF CHIEFS OF POLICE USE OF FORCE - MODEL POLICY SECTION 4 BUILDING SEARCH ISECT O. 5 ACCREDITATION STANDARDS SECTION 6 CITY COUNCIL QUESTIONS/ANSWERS I SECTION 7 CITY ATTORNEY SECTION A. Primer on Use of Deadly Force, As Established By US Supreme Court Cases B. Primer on the Fourth Amendment to the US Constitution Concerning Warrantless Searches and Seizures Primer on General Section 1983 Law Based on Constitutional Violations Memorandum on Issues Which the City Council and Staff Still Need to Discuss Discussion of Constitutional and Other Related Questions Presented by the "Open Door/Building Search and Security Check Practices Common in Iowa SECTION 8 RECOMMENDATIONS - POLICE PROCEDURE AND POLICY Section 1. Review of Police Training ILEA Certification of Law Enforcement Officers - Curriculum Summary (1) ILEA Firearms Curriculum (2) Use of Force Curriculum (3) Defensive Tactics Curriculum (4) Felony Calls - Crime in Progress Curriculum B. Iowa City Police Department Field Training & Evaluation Program C. 1997 MATS Schedule D. MATS 1996 Course Content Guide E. Mobile Team Training - Curriculum Summary REVIEW OF POLICE TRAINING We have secured various training curriculum and support information, specifically material that relates to the training of Iowa City Police personnel. There are four major training opportunities directed to Iowa City Police personnel B these are the Iowa Law Enforcement Academy (ILEA) as a basic training for new police officers; two specific training initiatives that are of an ongoing nature, those being the mobile team training and the multi-agency training (MATS) and the City's field training for probationary officers. The ILEA curriculum is attached, as found in the Iowa Administrative Code, 501-3.1. Also included are selected ILEA curriculum handouts. They include firearms, use of force, defensive tactics and felony calls -- crimes in progress. There are many elements within these curriculum handouts that are technical in nature such as other police weaponry, batons, etc., maintenance of equipment, etc., which have not been included. However, this information is available upon request. Law Enforcement Academy The ILEA is the primary agency responsible in Iowa for training police officers. Iowa City has traditionally relied primarily on ILEA training of new officers. Some cities in Iowa, such as Des Moines and Davenport, do their own training because they have been 1) approved as a certified program under the Iowa Administrative Rules and 2) training is then more closely tailored to the individual communities' needs and standards. In Iowa City's case, the ILEA curriculum satisfies the requirements of the Iowa Code. Police officer candidates attend a 12 week training program, identified as the long course in the attachment. Field Training The City of Iowa City uses a 16 week field training/probationary officer program whereby a probationary officer is assigned to a certified field training officer (FTO) from the Iowa City Police Department. The FTO is trained specifically for this orientation/probationary function. The field training begins immediately following completion of academy training. We have a training curriculum prepared by the Iowa City Police Department. Attached are pertinent portions of the field training officers manual for your review. In each narrative there is an evaluation standard for each training characteristic. All new officers must undergo this field training as a part of their 12 month probationary status, and must be completed satisfactorily before appointment as a permanent City employee. MATS Training In cooperation with the Johnson County Sheriff's Department, Coralville Police, and the University Department of Public Safety, Iowa City participates in the MATS training program. MATS was started a number of years ago to facilitate training for the law enforcement agencies in Johnson County. The training consists of three or four days of training for each officer -- usually during the first three months of the year, and is organized by a curriculum committee, made up of representatives from each of the four participating jurisdictions. MATS training varies from year to year and involves a variety of topics. Attached is the 1997 curriculum and a brief course description. The Office of the County Attorney often gives a "legal update;" but unfortunately, such updates do not always come with written materials to present to you. The State of Iowa requires 12 hours of training per officer per year, or 36 hours within a three year time frame. A summary of training by officer is available. Mobile Team In-Service Training The City is a participant in a mobile team in-service law enfomement training, which is based in the Quad Cities and substantially prepared by Illinois law enforcement instructors. The consortium of participating communities pays a per officer/per year fee in order to participate in this training. A list of the various courses available is attached. A summary of training by officer is also available. mgAtrain.rev IAC 7/5/95 Law Enforcement Academy[501 ] Ch 3, p. 1 CHAPTER 3 CERTIFICATION OF LAW ENFORCEMENT OFFICERS '.Appeared as Ch I przor to [Prior to 3 11 87. Law Enforcement Acaclemy(5501. Ch 3] 501--3.1180BI Certification through training required for all law enforcement officers. 3.1~1) All la~' enforcement officers must be certified through the successful completion of training at an approved law enforcement training facility. in order to remain eligible for employment. As a condition precedent to enrollment in a certifying training program. the Iowa law enforcement academy must be provided with verification by the enrollee's hiring agency that the minimum standards for Iowa law enforcement officers have been met as pro- vialed in rule 501--2.1180B). except for a person elected or appointed as sheriff who may choose to be exempted from the requirement of 501--su10rule 2.1(6), and may determine not to participate in pl~ysical training and who shall then be eligible only for certification as pro- vialed in subrule 3.1(2). Officers must be certified within one year of their employment, except sheriffs who must be certified within one year of taking office, (See rule 501m3.8(80B) for certification by testing requirements. l 3.1{2~ A person elected or appointed sheriff who otherwise successfully completes a basic training course except for the physical training requirements. as provided by Iowa Code sec- tion 331.65 I I l I. shall be granted certification limited to and valid only for the position of sher- iff of the countx' in which the person was elected or appointed. 3.1(3) The academy council may. at the council's discretion, extend the one-year time period in which an officer-must become certified for up to 180 days after a showing of "undue hardship" by the officer or the-officer's hiring agency.. To be considered for an extension of the one-year certification period. the person or agency, requesting the extension must initiate the request in writing. not less than 10 days prior to the council meeting at which it is to be dis- cussed. and then make a presentation to the council at the next regularly scheduled meeting of the council. Extensions shall not be liberally granted and shall only be granted after a show- ing that all other alternatives to an extension have been considered and rejected. $01--3.2(80B) Law enforcement status forms furnished to academy. Within ten days of any of the following occurrences, the academy will be so advised by use of prescribed forms: 1. Any hiring or termination of personnel. 2. Change of status of existing personnel (e.g., promotions). 3. Satisfactory completion of all law enforcement training not sponsored by the academy. 4. Accrual of college credits. 501--3.3(80B) Standard certifying courses for approved law enforcement facilities. The stan- dard certifying courses of study at an approved law enforcement training facility are: 1. The long course, consisting of 417 hours to be completed within a 20-week period; and 2. The short course, consisting of 326 hours to be completed within a 16-week period. 501--3.4(80B) Qualifications for attendance at short course. In order to be eligible for en- rollment in the certification through the short course, the individual officer must possess at least one of the following qualifications: 3.4(1) Have satisfactorily completed a two-year or four-year police science or criminal justice program at an accredited educational institution and documentation furnished to the academy. 3.4(2) Have satisfactorily completed law enforcement training in another state commen- surate with basic training required in Iowa. and be able to provide verification of same. This rule is intended to implement Iowa Code section 80B.11. Ch 3, p.2 Law Enforcement Academy[501] IAC 10/13/93 501--3.5(80B) Curriculum for long course. 3,5(1) Program administration .......................................... 22 hours a. Registration. b. Orientation. c. Counselor meetings. d. Tests and review. e. Moot court. f. Graduation. 3.5(2) Patrol and traffic ............................................... 65 hours a. Techniques of patrol and beat assignments. b, Observation and perception. c. Radio communications. d,'Vehicle stops (of which 2 hours must be night vehicle stops). e. Building searches. f. Traffic direction. g. Accident investigation, h. Traffic law enforcement. i. Radar. j. OWI (enforcement techniques). k. Standardized field sobriet? testing (horizontal gaze n.vstagmus). t. Chemical testing. m. lntoxilyzer. n. Hazardous materials. 3.5(3) Officer survival ................................................. 141 hours a. Firearms/use of force (a minimum of 6 hours must be night fire). b. Defensive tactics/baton. c. Vehicle operations. d. Physical training. e. Chemical agents. f. Risk assessmere in officer survival. g. Risk management in calls for service (felony calls), 3.5(4) Skills .......................................................... 69 hours a. Crash injury management. b. Fingerprints. c. Interviews and interrogations. d. Crime scene, searching and recording. e. Notetaking. f. Report writing. 3.$¢$) Investigation of specific crimes .................................... 25 hours a. Street intoxication. b. Narcotics investigation. c. Vehicle theft. d. Hate crimes. e. Domestic abuse. f. Death investigation. g. Sex abuse. h. Burglary. i. Gangs. 3.5¢6) The law and the courts .......................................... 65 hours a. Criminal law. b. Procedural due process. c. Law of arrest. IAC 10/13/93.7/5'95 Law Enforcement Academy[501] Ch 3. p.3 d. Court organization. e. Search and seizure. f. Juvenile law. g. Rules of evidence. h. O.W.I. law. i. Motor vehicle law. j. Narcotics law. k. Confessions and admissions. L Civil liability. m. Testifying in court. 3.5(7) Human behavior ................................................ 30 hours a. Self-understanding and handling stress. b. Community relations/crime prevention. c. Ethics and professionalism. d. Discretion. e. Minority groups. f. Special needs population. g. Crisis intervention. h. Moral aspects of the use of force. i. Death notification. j. Mandatory. reporting of dependent adult and child abuse. k. Blood-borne pathogens. 501--3.6(80B) Curriculum for short course. TOTAL HOURS: 417 3.6(1) Skills--traffic and patrol ' .64 hours a. Vehicle operations. b. Accident investigation. c. Radar. d. Traffic direction. e. Hazardous materials. f. Vehicle stops (of which 2 hours must be night vehicle stops). g. OWl enforcement. (1) Implied consent. (2) Chemical testing. (3) lntoxilyzer certification. h. Felony calls. 3.6(2) Skills--investigative .............................................. 16 hours a. Crime scene search and recording. b. Fingerprinting. c. Interviewing and interrogations. d. Photography. 3.6(3) Sk#!stgeneral ................................................. 140 hours a. Firearms/use of force (of which 6 hours must be night fire). b. Defensive tactics. c. First responder. d. Physical fitness. 3.6(4) Legal and investigative ........................................... 66 hours a. Criminal law. b. Search and seizure. c. Law of arrest. d. Rules of evidence. e. Confessions and admissions. Ch 3, p.4 Law Enforcement Academy[501) IAC 8.. 8/90, 4/1-)/93 f. Motor vehicle law. g. Juvenile law. h. OWl (legal}. i. Narcotics law, j. Death investigation. /<. Narcotics investigation. 1. Vice investigation. m. Sexual abuse investigation. 3.6(5) Human relations and communications ............................. 24 hours a. Report writing. b. Crisis intervention {including domestic abuse). c. Minority retations. d. Mandatory reporting (dependent adult and child). e. AIDS. f. Testifying in court. 3.616) Program administration .......................................... 16 hours a. Registration and orientation. b, Testing. c. Graduation. d. Miscellaneous. TOTAL HOURS: 326 501--3.7(80B) Special cerlification. The director of the academy, subject to the approval of the council may develop special certifying training courses in consideration of the varying factors and special requirements of certain law enforcement agencies. 501--3.8(80B) Certification through examination. Law enforcement officers who have been certified in another state may, upon application to the director with council approval, take a competency test or tests to gain Iowa law enforcement officer certification. Successful com- pletion of the required test or tests will result in certification by the council. The test or tests will be prepared and administered by the academy or its designee, and the passing score will be determined by the academy. The required test or tests will be based upon the officer's prior law enforcement training and experience as follows: 3.811) Five or more years of law enforcement experience. Officers with more than five >'ears of full-time law enforcement experience will be required to pass a test or tests which will primarily measure the officer's knowledge of Iowa laws. The test or tests will include, but need not be limited to, such topics as criminal law, motor vehicle law, iuvenile law, law of arrest, law of search and seizure, and law regarding the use of force. 3.8(2) Less than five .years of law enjbrcement experience. Officers with less than five >'ears of full-time law enforcement experience will be required to pass a comprehensive test or tests which will focus on all phases of law enforcement. The test or tests will include, but need not to be limited to, such topics as criminal law, juvenile law, motor vehicle law, law of arrest. law of search and seizure, law regarding the use of force, confessions and admis- sions, crime prevention, community relations, minority relations, crime scene investigation, vehicle stops, and rules of evidence. 3.8(3) Tabulating previous law enforcement experience. In tabulating whether an officer has met the law enforcement experience requirement, no credit will be given for experience received from the officer's current employment. 3.814) Criteria to be eligible to certif~v through examination. The following will be pre- requisites for certification through examination: a. Successful completion of a minimum 160-hour certifying basic law enforcement training school in another state, which certification has not been withdrawn by the certifying state. IAC 7 5 95 Lag' Enforcement Academy[501] Ch 3. p.5 b. Firing a verified score of 80 percent or greater with the officer's service handgun since the individual's appointment as an Iowa law enforcement officer, and which course of fire was prescribed by the academy and administered by the Iowa law enforcement academy or its designee. c. Possession of a current crash injury management card, first responder, or another appropriate certification recognized by the Iowa law enforcement academy. 3.8¢5~ Application and testing periods. Application for certification through examination shall be made within 120 days of the applicant's hiring date, unless a determination is made by the academy council that this time period should be extended for "good cause." Failure to make timely application for certification through examination may result in the applicant's being required to attend an academy certifying school. 3.8~6) Retesting requirements. Failure to successfully complete this examination will require retesting within 60 days in the areas failed. If any area is failed a second time. it will he neces- sary for the individual to attend and satisfactorily complete training at the academy covering those areas of deficiency. Successtul completion of the training will result in law enforcement officer certification 10y the academy council. 3.8(7) One.vear's absence J?om law en./brcement shall require training. An officer who has not served as a regular law enforcement officer during the 12-month period preceding the officer's hiring date will be reqmred to attend a certifying school. 501--3.9~80B) Certification through examination. Rescinded IAB 8/8/90, effective 9/12/90. See 501--3.8(80BL 501--3.10(80B) More extensive certifying course curricula not prohibited. While no law enforcement training f~ilit. y_ will be approved by the Iowa law enforcement academy council which does not meet the minimum requirements of these c~ertifying course curricula, this in no way limits or restricts any law enforcement training facility in instituting a certifying course curriculum that surpasses the curriculum established pursuant to Iowa Code chapter 80B. This rule is intended to implement iowa Code chapter 80B. 501--3.11(80B) Time frame--tolled. The time frame requirements for completion of any mandatory training are tolled during the period a law enforcement officer is called to active military service. These rules are intended to implement Iowa Code chapter 80B. [Filed 7/22/69] [Filed 2/5/81, Notice 10/l/80--published 3/4/81, effective 7/I/81] [Filed emergency after Notice 5/18/84, Notice 2/l/84--published 6./6/84, effective 6/i/84] [Filed 3/18/85, Notice l/2/85--published 4/10/85, effective 5/15/85] [Filed 2/20/87, Notice 10/22/86--published 3/11/87, effective 4/21/87] [Filed 1/5/89, Notice 11/16/88--published 1/25/89, effective 3/I/89'] [Filed 5/12/89, Notice 12/14/88--published 5/31/89, effective 7,/5/89] [Filed 7/13/90, Notice 5/2/90--published 8/8/90, effective 9/12/90] [Filed emergency 3/5/91--published 4/3/91, effective 3/5/91] [Filed 9/13/91, Notice 8/7/91--published 10/2/91, effective 11/6/91] [Filed 3/18/93. Notice 12/9/92--published 4/14/93, effective 5/19/93] [Filed 3/18/93, Notice I 20/93--published 4/14/93, effective 6/30/93**] [Filed emergency 9 22.93--published 10/13/93. effective 9/22.93] [Filed 6/15/95. Notice 4, 12/95--published 7/5/95. effective 8/9/95] [Filed emergency 6 20:95--published 7/5/95. effective 6/20/95] 'Effective date of 3/1/89 for re$c~sslon of 3.~11 delayeel x~venty days by the Administrative Rules Review Committee. "Effecu~e pate delav~ until the adlournmem pt ~he 1~4 Session of the General Assem0iv pursuant to [o~a Co~e section 1~.&.8(91 bv the Admmmrat~e Rul~ Review Coremrace at as meetmg held May 12, 1~3. IOWA LAW ENFORCEMENT ACADEMY Firearms The student will possess the basic knowledge and psychomotor abilities to enable him/her to exercise proper judgement and competency in the use of deadly force and police weaponry. Students will receive the basic knowledge of weapons nomenclature, weapons safety, and principles of marksmanship to ensure familiarity with the various police weapons systems, to enable them to demonstrate an acceptable level of competent marksmanship proficiency and weapon safety. The student will also receive basic knowledge in regard to the various kinds of force, their application and an understanding of the potential for civil liability associated with the use of force. EFFORTS OF FORCE Learnin~ Goal: The student will understand the physiological effects of the use of force. psychological and Performance Obiectives: The student will identify the following effects training has on the psychological and physiological forces which affect a person threatened with danger. a) Confidence in one's abilities° b) Development of natural point of aim techniques. c) Mental alertness and concentration. d) Self-control over emotions and body. The student will identify the liabilities that are attached to the officer and his/her agency through the use of force. REASONABLE FORCE Learnin~ Goal: The student will understand the use of reasonable force in police activity and the consequences of its misuse. Volume 2 - Disk 2(11/93) 1 a) b) HANDGUN Firearms, continued Performance Obiectives: The student will be required to answer questions relative to the concept of "Reasonable Force" as defined in 704.1, Code of Iowa. Given word pictures or audio-visual presentations depicting arrest situations where deadly force is not necessary, the student will identify the amount of force that may be used in each arrest. The student will identify why it is important to remain constantly alert in the most routine situations. The student, given a word picture and through a written test, will be able to identify when deadly force may be used in accordance with 804.7 and 804.8, Code of Iowa, scoring a minimum of 80%. FIREARMS SAFETY Learnin~ Goal: The student will understand the safe handling of Firearms. Performance Obiectives: The student will demonstrate safe handling of handguns by a) loading/unloading b) holstering and drawing The student will demonstrate the safe handling of shotguns by loading/unloading manual shotguns weapons inspection Learnin~ Goal: The student will understand specific characteristics and nomenclature of handguns. Performance Objectives: The student will identify the major parts of the service revolver and semi-automatics with explanations of their basic mechanical functions by written and oral examinations. Volume 2 - Disk 2(11/93) 2 Firearms, continued HANDGUN (Tactical) The student is required to fire 80% on the Tactical Handgun Course to receive law enforcement certification. CARE AND CLEANING OF S~RVICE REVOLVERS Learnin= Goal: The student will know how to clean the service revolver and semi-automatic. Performance Ob4ectives: The student will effectively clean the service revolver and semiautomatic. SHOTGUN Learnin~ Goal: The student will understand the function and lethal capabilities of the shotgun. Performance Objectives: The student will correctly identify the major parts of shotguns through oral examination. The student will identify the effective range, lethal capabilities and the shot spread of shotguns. SHOOTING PRINCIPLES Learning Goal: The student will understand the principles of good marksmanship through: a) firing 7 yard course. Federal Bureau of Investigation Double Action course. Iowa Law Enforcement Academy Tactical Handgun course. d) Shoulder weapons familiarization course. slug 2) buckshot 3) skeet Volume 2 - Disk 2(11/93) 3 Firearms, continued TABLE OF CONTENTS Chapter I. Chapter II. Chapter III. Chapter IV. Chapter V. Chapter VI~ Chapter VII. Chapter VIII. Chapter IX. Appendix A Appendix B Introduction Firearms Training (Why and How) Firearms and Equipment Firearms Safety Care and Maintenance Shooting Fundamentals Range Training The Shotgun Use of a Firearm - The Decision Process PAGE 7 9 12 21 31 35 42 51 59 61 67 Volume 2 - Disk 2(11/93) 4 Firearms, continued CHAPTER I INTRODUCTION You have been selected to serve as a police officer, either in a full-time or part-time capacity. As a~police officer, the firearm will be a tool of your profession. In 1967, the 62nd General Assembly of the Iowa Legislature, passed legislation to establish the Iowa Law.Enforcement Academy and in doing so, charged the Academy with the responsibility to mandate training requirements which included mandatory firearms training for Iowa peace officers. In 1987, the Academy Council of the Iowa Law Enforcement Academy also mandated night handgun qualification as well as shotgun qualification for all basic and intermediate classes as well as firearms instructor candidates. Additionally, candidate trainees must demonstrate basic firearms knowledge by passing a written examination. Successful completion of this training program is required before you are permitted by your agency or by the State of Iowa to carry a weapon in the performance of your job. Certification of your successful completion of your training, including the firearms portion, will be documented by the Academy and you will receive an Academy certificate for successful completion of the ten (10) week course, which will confirm your weapons proficiency. This certification is a one- time statutory requirement and need not be completed for each weapon you choose to carry. However, the Academy certain recommends regular qualification using the weapons you carry. As part of the original Section 80B of the Iowa Code, you will learn why firearms training is essential for today's officer. Becoming proficient with the weapons you carry (and demonstrate that proficiency) can aid in minimizing the risk of injury or death to you or others. Understanding how to safely handle your firearm in both off- duty and on-duty environments will be emphasized throughout this course. The number of accidental discharges each year among police officers across the country underscores the need for in- depth knowledge in this area. You must be constantly aware that the firearm you carry is an ever-present threat to life - - yours and the people around you. That you may have to employ your weapon in defense of life - yours or someone elses - - is a fact supported by volumes of data. Police officers are killed by assailants each year - - not in great numbers considering that 90 - 100 out of over 500,000 police officers fall victim to armed or violent offenders each year. However, the potential for you to be a victim is as great as for the officer working in California, New York or Florida. Consider too, that assaults on police officers have risen dramatically over the period from 1965 to the present. During Volume 2 - Disk 2(11/93) 5 Firearms, continued your training, you will be familiarized with some of the hazards of police work. A lecture and discussion on police liability and the legal and moral aspects of the use of deadly force is a major component of this firearms course. Legally, you must be right every time you employ a firearm. You must also give clear thought to the moral and ethical implications of taking a life and the impact of such a decision on you and those with whom you live and work. These issues will be addressed along with some matters relating to the complexities of the decision making process in relation to deadly force encounters. The majority of your training will involve active participation in skill development on the range. Fundamental skills must be mastered before you can hope to successfully employ the firearms in a tactical situation~ Along with your range training, you will learn to clean and maintain your weapons. This manual, then, will provide information to serve as a foundation of firearms knowledge upon which you should continue to build over your years of service in law enforcement. Regular training is absolutely essential to the further development of firearms skills and their maintenance. I encourage your active and continued participation in all such endeavors and firearms related activities. Volume 2 Disk 2(11/93) 6 Firearms, continued CHAPTER II FIREARMS TRAINING - WHY AND HOW That firearms are carried by police officers in this country is a commonly accepted fact as that of a priest wearing a collar or a lawyer carrying an attache' case. Therefore, you must assume the responsibility for attaining some depth of knowledge about all firearms in general and in particular those weapons with which you will be armed. Why train with a firearm? Primarily, because we, in law enforcement, have sworn to protect human life. The generally accepted and widely taught policy regarding the use of deadly force can be summed accurately in three words - Defense-of-Life. Thus, the officer using a firearm in compliance with the "defense of life" policy is involved in the most critical struggle of all - survival. The officer has resorted to deadly force in the form of a firearm to save a life - his/her own or that of someone else. Will you be skilled enough to protect life? Your profession and society both demand it of you. Some recent studies such as Split Second Decision - Shootings Of and Chicago Police, by W. A. Geller and K. J. Karoles; Marshall Meyer's "Police Shooting at Minorities: The Case of Los Angeles, 1980"; and Francis McGee's "Analysis of Police Combat Situations NYPD", indicate that most police officers who have found it necessary to use their firearm in the performance of duty were not adequately skilled. These studies conclude that only 25% of the rounds fired by police officers struck an assailant --- 1.5 rounds out of 6! Certainly such skill levels would not instill confidence in those we are sworn to protect - - ourselves included. On the other hand, the number of civil litigations involving police officers who did use a firearm and hit someone are on the increase. These civil cases and the large settlements resulting from many of them are an indication that using a firearm requires more than just mastery of shooting fundamentals. Tactical training, mental and physical conditioning, and human behavior skills, all combine in the decision making process that may result in the pulling of a trigger and taking of a life. When the decision to shoot has been made, you must be right; and then you had better be able to place your shots quickly and accurately. Let us turn our attention to the kind of preparation which best serves the needs of today's police officer. Many studies of police shooting encounters have been completed in recent years. (U.S. Department of Justice F.B.I., Law Enforcement Officers Killed 1980; and F. McGee's "Analysis of Police Combat Situations NYPD" are two of them. Some of the more important conclusions Volume 2 - Disk 2(11/93) 7 Firearms, continued from these studies are presented for you below: !) Distances at which shootings occurred: FEET PERCENT AGGREGATE PERCENT 0-5 52% 52% 6-10 19% 71% 11-20 16% 87% As you can see, most shootings occur at less than !0 feet and only 13% occur at 7 yards or more. -Now consider that police officers only hit the assailant 1.5 out of 6 rounds fired. 2) Total number of rounds exchanged per average incident: Less than 3 rounds. *NOTE: The growing transition to usage of the semi-automatic duty pistol by law enforcement as well as the criminal element will elevate the rounds fired exchange number. 3) Elapsed time per shooting situation: less than 5 seconds. 4) In 70% of cases reviewed, the officer had some previous knowledge of the danger he/she was about to encounter. 5) Most shootings occur in dim light or hours of darkness time frames. 6) Reports reveal that multiple assailants are involved 50% of the time. 7) The element reported as the single most important factor to officer survival in an armed confrontation was cover. By analyzing the results of studies, such as the one presented above, we are able to design programs of firearms training that better prepare police officers to deal with the potential situations they will likely experience on the street if becoming involved in a shooting incident. The information in this manual is not inzended to be all- inclusive and students are encouraged to read available materials in this area and to try new techniques when they come along. Volume 2 - Disk 2(11/93) 8 Firearms, continued CHAPTER FIREARMS EOUIPMENT The handgun (a short firearm held in the hand while firing) is carried by all police officers in this country. Among the types of handguns available in the market place, two have been chosen for use in police work: The revolver and one of five categories of the automatic loading pistols (semi-automatic, automatic loader or automatic pistol). The primary difference between these two handguns is the cylinder in a revolver which must be cycled by the shooter (usually by pulling the trigger) to bring a chambered cartridge in line with the barrel; as opposed to the magazine in an automatic pistol from which cartridges are stripped and chambered ',automatically" by the action of the weapon after a round is discharged. This action of the automatic pistol also "cocks" the weapon as opposed to the trigger-cocking revolver. As a police officer, you should be familiar with the major parts of both types of weapons along with the primary safety features of each, since regardless of the type you carry, you will, at times in the performance of your job, be required to safely handle both. A. Revolver-Generic S W or Colt 1) Major Parts a) Barrel - gives the bullet its direction. b) Frame backbone to which other component parts attach. c) Action- heart of the weapon containing parts which enable it to fire. d) Cylinder - contains chambers which are cycled into line with barrel and hammer. 2) Safety Feature a) Hammer block - forms a block between the Volume #2(11/93) 9 Firearms, continued firing pin and the chamber when the hammer is down. This prevents the weapon from discharging if dropped or struck on the hammer. (Not available on all revolvers) B. AUTOMATIC PISTOL 1) Major Parts a) Barrel - gives the direction to the bullet. b) Frame - backbone to which groups attach c) Action - includes slide, firing pin, and extractor mechanisms plus other parts which enable the weapon to fire. d) Magazine Well and Magazine - magazine containing cartridges inserts into magazine well. 2) Safety Features (not all listed features contained on all automatic pistols) a) Safety selector/hammer drop - (On-Off; drops hammer). b) Grip safety - when depressed, makes weapon operable (Colt only). c) Magazine safety/disconnect - weapon will not operate unless magazine is properly inserted and locked into receiver, (Smith Wesson Automatics). A great deal of debate occurs regarding which of the two aforementioned handguns is most suitable for police work. Those who prefer the revolver point to its operational simplicity and safety features inherent in a double action revolver. Because of its simplicity, training is not quite as difficult and proficiency (if attained) can be maintained over longer periods of time without live firing. For the average officer who has average motor skills, it is a most suitable weapon. Those who argue in favor of the automatic pistol point to its firepower potential and speed in reloading which tend to make it a more preferable handgun than the revolver. The semi- automatic is the superior weapon but only in the hands of an automatic-trained and automatic-skilled marksmah. It is regrettable, due to police media hype, that nationwide, those officers who carry or prefer the automatic have 10% training with the weapon and 90% equipment. A three-day, 500 round transitional training period is necessary to fully acclimate the officer to Volume 2 - Disk 2(11/93) 10 Firearms, continued the automatic system and break him/her of the revolver or "wheel gun" mindset. Most knowledgeable police trainers would conclude that the most important criteria regarding such matters is whether or not the shooter can accurately and quickly place shots and operate the weapon safely and effectively. Without doubt, the shooter choosing the automatic pistol must accept the fact that he/she needs more in-depth training (malfunction drills, safety drills for some models and magazine exchange drills, etc.) and shooting on a continual basis to maintain these skills. This should not be interpreted in a manner that suggests regular training for revolver shooters is not important or necessary. Whichever handgun you or your agency chooses, it must be remembered that the employment of the weapon will save a life - possibly your own. Such a grave possibility demands a great deal of attention to skill develoDment and skill maintenance. C. AMMUNITION - HANDGUN A major component of the shooting system is the ammunition which you or your agency choose for your weapons. Some basic knowledge about ammunition is essential since improperly selected ammunition can reduce the effectiveness of your firearms or make it hazardous to shoot in certain conditions. Ammunition for the handgun is referred to individually as a round or cartridae. A round is made up of four parts: ~ Action Ragazine 1) Case - Contains other three components of the round. 2) Powder - when explosion occurs, drives the bullet from the barrel by gas released as the powder burns. As the gas expands, it pushes the bullet out by creating energy (measured in foot pounds per square inch) and muzzle velocity of the bullet (measured in feet per second). Volume #2(11/93) 11 Firearms, continued 3) Primer - contains a chemical which explodes when struck a sharp blow (by the firing pin). It is this explosion in the primer that acts as a detonator to start the powder burning. Bullet - the projectile launched from the barrel. Many types of bullet~ are available for use in the handgun. Some of the more common types are listed below: a) SWC - Lead semi-wadcutter. b) WC-Wadcutter. c) JSP - Jacketed Soft Point. d) FMJ - Full Metal Jacket. e) JHP - Jacketed Hollow Point. f) LRN - Lead Round Nose. The size of the bullet is expressed by its weight in grams. Some common rounds used by police are as follows: CALIBER APPROX. APPROX. BULLET MUZZLE MUZZLE WEIGHT VELOCITY ENERGY .38 LRN 158 Gr. 855 255 .38 JHP 110 Gr. 1370 458 .357 MAG JHP 158 Gr. 1550 845 9mm JHP 124 Gr. 1120 345 .45 FMJ 230 Gr. 850 370 WOUNDIN~ EFFECTS OF A BULLET " the severity of a wound is directly related to the amount of kinetic energy lost by the bullet in the body."z This means that the greater the loss of kinetic energy, the greater the damage to tissue. The formula used to determine the kinetic energy of a bullet is KF = WV2 with W being the weight of the bullet, V the velocity and g 2g or 450436 the gravitational acceleration. Volume 2 - Disk 2(11/93) 12 Firearms, continued Example: .38 Special 1t0 grain with a velocity of 1069 fps. 1069 x 1069 = 1,142,761 x 110 - 125,703,710 450436 = 279 ft. lbs. of KE. If this bullet struck tissue with 279 KE and exited with 79 KE, 200 KE were exhausted in the tissue, which would be a measure of the wounding effectiveness of the round. (Obtained from factory specifications). Most of these rounds were probably fired from a six inch ~barrel or longer. Remember, as a barrel length is reduced, so are the ballistic characteristics listed above. A great deal of debate occurs regarding the most effective round for law enforcement use. Somethings to be considered when selecting a service round would include: 1) Penetration: Certain bullet types and loads are much more likely to penetrate (pass through) walls, car doors, engine blocks or other mediums in the path of the bullet. One medium which must be considered is the human body. A bullet which passes through a body is undesirable in two ways: 1) it is less likely to incapacitate the person it was shot at; and 2) it is possible that the bullet will strike victims for which it was not intended. ~Beyer, J.C., "Wound Ballistics." Office of the Surgeon General, Dept. of the Army; U.S. Government Printing Office, Washington, D.C., 1962. 2) Potential For Ricochet Unless your proficiency in high stress combat situations is 100%, the bullet may hit an object and ricochet in any direction. Some bullets, due to their design, are less likely to ricochet. 3) "Relative StoDpin~ Power" "Relative Incapacitation Index" Phrases taken from two studies, (Hatcher, 1927) and (LEAA, 1975, 1980 respectively) which focused on the type of bullet/load/caliber which will stop or incapacitate a human being. (Relative Incapacitation Index deals with both the design, weight and velocity of the round and includes such terms as hydro-static shock, foot pounds of energy and incapacitation). (There is no humane round for law enforcement. The optimum round is that which expands upon entry and tears/rends, muscle, sinew, cartilage and bone, to immediately neutralize the perpetrator. Regardless of the round you choose, most practical shooters would agree that, regardless of bullet type or caliber, the most important factor with regard to "stopping power" or "incapacitation" is shot placement. Rounds placed "center mass" or "plural cavity" in the body are more likely to incapacitate. Volume 2 - Disk 2(11/93) 13 Firearms, continued D. HOLSTER Holsters should be selected with the following basic characteristics in mind: 1) Should allow the shooter to obtain a good grip on the handgun while the handgun is still in the holster. 2) The retention device should be a type which allows the shooter to release it simultaneously to obtain the grip. 3) The angle of the holster should facilitate rapid target acquisition. 4) Reholstering and securing should be possible quickly and with one hand. 5) Belt keepers are essential to keep gear in place and facilitate rapid target acquisition and should be used to secure the duty belt. 6) The holster should be open in the bottom so that dust and other debris, which could affect the operation of the weapon, cannot collect 7) The holster should not be modified as this will negate the original warranty. As you become more tactical in your approach to firearms training, other factors regarding leather design will be important. You are advised to stay current in this area as new and more efficient designs are being researched to aid the officer. E. LOADING DEVICES (Revolver) Several types of loading devices for the revolvers are available to police officers. These are listed below along with some practical considerations regarding their use: 1) Dump Pouches (unlined or plastic unlined) Depend on gravity to make them work, thus creating problems on many tactical situations, i.e., prone, etc. Also, there is the chance that all rounds will not fall out of the pouch into the hand. Remember, as adrenaline dump makes you more excited, all eight fingers can feel like thumbs. 2) Belt Loops Depending on type and shooter skills they can be fairly quick. Good for supplemental Volume 2 - Disk 2(11/93) 14 Firearms, continued supply. A shooter should be able to reload 12 rounds and fire in 25 seconds from belt loops, however, belt loops become virtually indispensable to reload one or two expended chambers in conjunction with speed loader usage. 3) Speed Strips Depending on shooter skill, they can be fairly quick. Good for supplemental supply. When carried in a shirt pocket, they can be utilized to reload single cylinders in conjunction with speed loader usage. 4) Speed Loader Highly recommended for tactical use. Only weakness - precludes loading a partially empty revolver. Supplemental ammunition supply will remedy this weakness. Can be carried in either a two or four loader carrier. A proficient shooter should be able to reload in 3-4 seconds which can be of paramount importance in a tactical situation. Some of the more common loaders on the market are the HKS, variation of the Safariland, Jet and Six Second Reloaderso Dade loaders are recommended for competition and not duty. LOADING DEVICES (Automatic Pistoi) 1) 2) MaGazines Should be inspected frequently and maintained. One of the first items to be checked when a malfunction occurs is the magazine. The most prevalent mishap is bent tips. Magazine Pouch The magazine should fit into the magazine pouch only to the first hole (from the base). Flaps are optional. Some officers prefer friction as the means used to retain the magazine in the pouch. G. OTHER EOUIPMENT CONSIDERATIONS 1) Action Job on your Firearm An action job refers to a service performed by a competent and certified gunsmith to smooth the action (trigger pull) on a handgun. This, due to improper quality control with a newly purchased handgun or wear with an older handgun, is sometimes necessary, but such work should only be performed by a trained and certified gunsmith, not a self-proclaimed expert/hobbyist with a Dremel tool and a wild look in his eye. Essentially, i~ requires polishing parts for perfect fit and movement. No springs should be cut or any modification made which might cause a malfunction at a later time. Volume 2 - Disk 2(11/93) 15 Firearms, continued 2) Triqqer. The type of trigger recommended for double action shooting (revolver) is a combat trigger (thin and smooth with no serrations). The wide trigger is used in single action shooting, but can cause improper finger placement for double action shooting. All the shooting you will do at the Academy will be double action. Trigger'shoes are not recommended because they can loosen and lock the trigger stroke up, thus causing a malfunction at a critical time. 3) Sights. Most practical shooters prefer sights which work in all lighting conditions. The recommended color for all conditions is flat black to preclude any glare. Colored inserts were developed to afford the officer instant target acquisition in the plural cavity, but do reflect glare and lose definition of sight picture as distance increases. 4) Night Siqhts Since most shootings occur in dim light, one could logically recommend a nightsight application for any service weapon. Proficiency in dim light shooting will increase significantly with a night site application. You will be given specific recommendations during the !0-week basic training program. 5) Grips Grips are generally overlooked with regard to their essential function - enabling the shooter to grip the weapon properly, in particular, regarding trigger finger placement (See Chapter VI, Trigger Control). Additionally, one must consider weapon recoil and the ability of the shooter, with proper grips, to better control recoil. Of course, many shooters also find the hand, in particular the thumb, bruising from recoil and poorly designed grips. Suffice it to say that stock grips are not designed to fit the hands of many shooters. You should shop carefully for grips which will aid you in your shooting, or at the very least, hinder you. Proper grips allow the perfect marriages of grip on the gun and facilitation of the correct speed loader. Incompatibility in this regard can be disastrous. Recommended grips are the Pachmyr grips or professional models or models offered by Bill Davis, Hoque or Rodgers. Again, you are urged to read the available publications regularly if you expect to stay current in the firearms field. New developments come along regularly and some of them are virtual Volume 2 - Disk 2(11/93) 16 Firearms, continued life savers. On the other hand, be careful! Never accept at face value anything you read. Think it out, discuss it with your colleagues, supervisors or Academy instructors, then try it. Volume 2 - Disk 2(11/93) Firearms, continued In regard to safety, treat your firearms with respect and respect the right of your fellow officers to feel safe in your presence. Carrying a firearm is a responsibility that demands constant vigilance. Any letdown can result in death - - yours or someone elses. SPECIFIC POINTS OF SAFETY IN THE USE OF FIREARMS A. Treat every gun with respect due a loaded gun. 1) This is the first rule of weapons safety. 2) Make sure the action is open and safety engaged when passing the weapon to another person. 3) Don't accept a passed weapon unless it is in a safe condition. 4) When on the range and when "restrooms" have been utilized, ensure that your weapons rig/belt, is placed on the floor, barrel pointed away from you if you have to sit down to relieve yourself. Do not hang your duty belt/rig on a hook. Remember Murphy's Law, "If it can happen, it will happen", and where are you going to move, in order to avoid unbelievable embarrassment or disaster. B. Guns, when not in use, should be unloaded. 1) When reporting for firearms training or to any range, keep the weapon you carry unloaded. If on duty, the weapon should remain in the holster and properly cleared inside the range complex at a clearing barrel or "safety considered area". C. Always be certain barrel and action are clear. 1) Of any type of foreign matter. a) Heavy coating of oil or grease. b) Mud, dirt, lint, etc. 2) Recognize a misfire. a) Failure of primer to ignite powder. 3) Recognize a hangfire. a) Temporary failure of primer to ignite. Volume 2 - Disk 2(11/93) 23 Firearms, continued 4) Recognize a Squibb load. a) Contains no powder charge. 5) If a problem occurs, keep weapon pointed down range, take your trigger finger out of the trigger guard, raise your non-shooting hand and wait for an instructor. 6) When carrying your weapon on duty, keep it reasonably dry with no oil or solvents. (Solvents have a tendency to infiltrate the primer seal or ammunition, causing malfunctions and failures). Always carry your gun so that you can control the direction of the muzzle, even if you stumble. 1) Always ensure the safety is "on" on your shoulder weapon, until you are given the command to fire. 2) Keep your finger out of the trigger guard until you are given the command to fire. Be absolutely sure of your target before you pull the trigger in a duty related situation. Your responsibility is to avoid endangering innocent life or damaging property. a) You must make certain not only that the path to the target is clear, but also that the path of the bullet is clear after it passes the target. b) A firearm is a deadly weapon and must be handled with full knowledge of this fact, realizing that after a bullet passes or penetrates the target, it still has energy left, making it dangerous to anything in its path. c) The privilege of bearing arms carries the responsibility to know how to use them safely to ourselves and others. d) If an officer cannot definitely identify his/her target and has a good chance of hitting it, he/she should not shoot even though he/she may be justified by law. e) One incident can do more damage than a thousand cautious officers can rectify in a lifetime. Volume 2 - Disk 2(11/93) 24 Firearms, continued Always know where the muzzle points and where the shot or bullet will come to rest. This is a rigid rule whether the gun is empty or loaded. 2) You must build this eternal muzzle awareness so that it'becomes an effortless and ingrained habit. 3) Always make sure your weapon is safe, and that the safety, if it has one, is engaged. Unattended weapons should be unloaded and the action left open. 1) When storing a weapon at home, always store it unloaded and out of the reach of children. a) Cartridges and shells also should be secured. b) A makeshift revolver lock is a handcuff inserted and then secured through the open frame. H. Be constantly aware of Ricochet Potential. 1) Warning shots are never fired. a) Modern handgun cartridges are capable of traveling many times further than the ranges we use for them. b) Hard, flat surfaces or water are excellent "conductors" for ricochet. c) Remember, a ricochet does not bounce off at a 90 degree angle, but follows the structure, floor, wall, water, that it strikes under most circumstances. 2) Heavy jacketed bullets will ricochet due to their cohesivehess under terrific impacts. a) Full jacketed bullets, due to their hardness, will ricochet off of virtually everything they strike. b) The solid lead round nose is also a dangerous bullet in regard to its ricochet potential. They cannot be fired with enough velocity to cause them to break up on impact. Consequently, they stay in one deformed chunk of lead, and if they ricochet, they may go a Volume 2 - Disk 2(11/93) 25 Firearms, continued long way in the wrong direction. c) Soft point, thin jacketed bullets, on the other hand, are relatively safe, and in densely populated areas, the hollow point form is more desirable as it disrupts on impact more readily than solid lead and does not travel as far if it glances. 3) Again, in review, more important than relying on a type of bullet, the officer must, before firing, make certain of his target and the path of the projectile through the entire flight. There can be no compromises with these courses of action. I) Safe gun handling comes only with training, knowledge and experience. This talent is not acquired in a firearms training course alone. 2) Guns alone will not hurt people. 3) The mind of an officer must.constantly be devoted to his/her actions. 4) Safety is a full time job. guess; he/she must know. An officer cannot a) How it works. b) Whether it is loaded. c) Where it is pointed. d) Where his/her target is. e) What his/her target is. f) Where the bullet will Where the bullet will stop. Under the discipline enforced at the Range, the possibility of an accident is greatly minimized. It is when yours are the only eyes devoted to the problem, when yours is the only brain thinking about, that an accident has the greatest chance to occur. Carelessness on an officer's part can bring about the injury or death of a partner, friend, innocent party, or even a member of his/her family, and nothing will exempt him/her from the consequences of such a mistake. BE CAREFUL, BE SAFE!! Volume 2 - Disk 2(11/93) 26 Firearms, continued CHAPTER VII SHOOTING FUNDAMENTAL Accurate shot placement with any firearm is dependent on execution of shooting fundamentals. Relying on a large caliber weapon or as a special bullet to compensate for your lack of skill with a firearm is the sad mistake that many police officers make. If the time ever comes when you are required to shoot in defense of your life or someone else's, never believe that divine nature or luck will pull you through. If you lack firearms skills, you will pay the price by failing to accurately placing your shots and the price could be high. Shooting fundamentals are few and simple to grasp and understand. However, application and execution require concentration. Success in any skill is ultimately dependent upon intense concentration. Any observer of great athletes in action can attest to the constant mention of the importance of concentration to success. SIGHT ALIGNMENT AND SIGHT PICTURE The first and most important of all shooting fundamentals is sight alic~nment. Think of sight alignment as the reason for the existence of the other fundamentals. They are created and modified to aid the shooter in obtaining and maintaining proper sight alignment; for misaligned sights are, in the final analysis, the only reason a shooter will fail in accurate shot placement. PROPER SIG~IT ALIG~qM~NT~S: The top of the front sight blade must be level with the top of the rear sight and centered in the rear sight when the weapon ~ischarces. PROPER SIG~HT PICTURE REFERS TO: The properly aligned sights as they relate to your aiming point on target. Sight alignment does not consider the target; proper sight picture, however, does and must. Although sicht picture is extremely important to accurate shot placement, it is over concern with sight picture that causes misaligned sights as the weapon discharges. What you must do is point the weapon at the assailant and get the proper sight picture, (Eyes focused on the target). Then focus your vision on the front sight blade and concentrate on keeping it perfectly aligned in the rear sight until the weapon discharges. At weapon discharge, (trigger break), you should "call your front sight" Where was the front sight in relation to the rea~ Volume 2 - Disk 2(11/93) 30 Firearms, continued sight when the con discharged? The location of the front sight at weapon discharge determines where the strike of the bullet will be. If you are unable to remember exactly where the front sight was at trigger break, you will never be able to place shot where you intend them. Here is where concentration breaks down for most shooters. The desire to look at the target while pressing the trigger (checking sight picture) is so great that only intense concentration can overcome it. Most shooters believe they are watching the front sight, but tightly placed shot groups demonstrate execution of the most basic of all fundamental shooting skills. Tightly placed groups in other areas other than center mass may indicate improper sight picture or the need for adjustment of the sights. However, once tight shot groups are attained, you are on your way to becoming a skilled shooter. TRIGGER CONTROL Trigger control is a term which describes the manner in which the trigger is pulled - - controlled! The trigger finger must move straight back as the trigger is pulled/pressed to the point where it "breaks", allowing the hammer to fall. The placement of the trigger finger or the trigger will determine whether or not the pull is straight back. The finger should be placed so that when the trigger "breaks" the second joint is 90 degrees to the frame of the weapon (double action). Too much finger in the trigger will generally cause barrel movement the direction the trigger finger is pointing, while too little finger on the trigger will cause barrel movement the opposite direction that it is pointing. While training in shooting fundamentals, pressure should be applied slowly in order to allow the front sight to be maintained in perfect alignment with the rear sight. If the shooter is concentrating on obtaining perfect sight alignment at the trigger break, he/she will find that the trigger must be pulled slowly to achieve the objective. What the shooter is trying to achieve is a "surprise" trigger break. This is to say, the shooter's concentration is so intent on sight alicrnment that, while pulling the trigger back, he/she will not anticipate when the trigger will break. It should be a surprise and the shooter should clearly see where the front sight was when the weapon discharged. As you develop skill in trigger control, you will find it possible to press the trigger more quickly and still maintain sight alignment well-enough to hold shots in center mass. In tactical firearms training, tight shot groups are not the goal-- merely placing each shot somewhere in center mass, as quickly as possible, is all that is required. Volume 2 Disk 2(11/93) 31 Firearms, continued However, the beginning shooter must first master sight alignment and trigger control as demonstrated by tight shot groups before beginning tactical drills. Periodic return to sight alignment and trigger control drills are essential to maintenance of required shooting skills. GRIP - TWO HANDED (Traditional and Weaver Style) Let us again make reference to the concept that grip, trigger control, etc., are the means by which we maintain perfect sight alignment until the weapon discharges. Each shooter will find it necessary to work with the grip, making whatever modifications necessary to accomplish the desired result. One warning would be appropriate at this point develop no habits which will hinder you in tactical shooting. That is to say, do not develop skill with a grip that works well on the range, but would not be suited to a combat situation. The primary purpose of the grip is to aid in controlling barrel movement. Additionally, proper grip will aid in recoil control which is important to the tactical shooter. With these two purposes in mind, we will discuss two methods of gripping the weapon. Both will be "two-handed" since all tactical shooters can perform at higher levels when firing with the added support of the weak hand. Both grips should be firm but not so sight that trembling results. Once the grip is obtained, it should not be tightened or relaxed while pressing the trigger. Modifying the grip by tightening or relaxing will affect the ability of the shooter to maintain sight alignment until the trigger breaks, thus affecting shot placement. Additionally, in a combat situation, shots must be fired quickly and the habit of adjusting the grip between rounds would obviously prove disastrous. A. Traditional Grip (Thumb-over) 1) Strong hand position (shooting hand) a) b) Place the webbing of the hand (between thumb and index finger) as high on the frame as you can (cover the back strap). Cover the top of the back strap. This will aid you in controlling the weapon and its recoil. (Remember, the closer the line of the barrel is to the top of your strong hand holding the weapon, the easier recoil management becomes). This is the critical part of the grip since the position of your hand at this stage will determine where other parts of your hand will fall in the grip. Wrap fingers around grips and keep the con Volume 2 - Disk 2(11/93) 32 Firearms, continued thumb down. (Automatic pistol, thumb or on top of safety). c) The trigger finger should be positioned properly for good "straight back" trigger control. If it is not possible to place the finger properly, a change of grips is essential. d) The wrists should be straight and locked. is never permissible to break the wrists while shooting the handgun. The barrel, frame and forearm should form a straight line. It 2) Weak hand position (Support Hand) a) Cover the fingers of the strong hand with the fingers of the weak hand beginning in front of the knuckles. b) Place the thumb of the weak hand over the back of the strong hand as far back as you can comfortably get it. c) Keep the wrists straight and locked. d) Now, create a "vice like" effect by squeezing the thumb and fingers together. 3) Arm Positions a) Both arms should be fully extended and locked at the elbow (and wrist, of course). Bo WEAVER POSITION 1) Strong hand position a) Place the webbing of the hand as high on the frame as you can. Cover the top of the back strap. b) Wrap the fingers around the grip and keep the thumb down. (Automatic pistol - thumb up or on top of safety). c) The trigger finger should be positioned properly for good "straight back" trigger control. d) The wrist should be straight and locked. Barrel, frame, and forearm should be in a Volume 2 - Disk 2(11/93) 33 Firearms, continued straight line. 2) Weak hand position a) Begin wrapping the fingers around the strong hand starting with little finger over little finger. Continue to wrap the fingers around the strong hand until you get to the index finger which may not fit under the trigger guard. Should this be the case, either "wedge" the finger into place under the trigger guard, or place the index finger into place under the trigger guard, or place the index finger over the front of the trigger guard and pull it straight back. b) The thumb can be placed on the strong hand thumb. c) Isometric tension is now created by pushing straight forward with the strong hand while pullina strai=ht back with the weak hand. This isometric tension serves two purposes: 1) barrel stabilization 2) recoil control. 3) D~rm Position a) The strong arm should be straight or slightly bent at the elbow which allows for better control. b) The weak arm should be bent at about 90 degrees and positioned downward to the point where optimal aid is provided in creating the isometric tension. The traditional grip provides excellent stability for range work, but in tactical situations is not very adaptable to cover. Recoil is difficult to control because the elbows are locked. The Weaver grip provides stability, adaptability to tactical situations, and recoil control. It is expected that in years to come, the Weaver grip will completely replace the traditional grip in law enforcement training. STANCES AND POSITIONS Two basic stances form the basis for much of the shooting in Volume 2 - Disk 2(11/93) 34 Firearms, continued which you will participate. The traditional "combat crouch" and the Weaver stance (field inquiry or alert stance). One should evaluate stances on the following criteria: balance, body exposure, and integration with good defensive principles. Combat couch (Isosceles) available). (Used where no cover 1) Foot position a) Feet spread shoulder width apart. b) Feet flat on ground. 2) Body position a) Knees bent as deep as possible without affecting balance. b) The idea is to make a smaller target. 3) The weapon is drawn straight up out of the holster and thrust straight forward into the traditional two-hand grip, with shoulders, elbows and wrists locked. B. Weaver Style stances (field inquiry or alert stance, no cover). !) Foot position a) Feet spread shoulder width apart, 45 degree blade in address to firing line. 2) Body position a) Body positioned so as to offer less mass to assailant. 45 degree upper and lower body blade, in address to firing line. This ensures that holstered weapon will be kept away from assailant. 3) Weapon is drawn straight up and out of holster, straight into the Weaver style grip. *NOTE: It should be of paramount importance that the trigger finger is not in the trigger guard when drawing or recovering with either the traditional or Weaver style. Shooting from cover requires further modification of stance in order to maximize available cover. The barricade shooting position will be discussed, but shooters should remember that the Volume 2 - Disk 2(11/93) 35 Firearms, continued standing barricade is only one of many possible positions from which you may be required to shoot. Let your imagination go and create as many possible situations from which to practice as time and money will permit. C. Standing barricade (wall type) strong side - weak side l) Choose from the following - - weak foot forward, strong foot forward, or feet side by side. All are widely taught and the most important point is that you maximize your cover when shooting. 2) Body oosition a) Completely behind cover except for that position which must be exposed to get target acquisition. 3) The weapon is drawn into a proper grip and the back of the weak hand is placed against the side of the barricade. Care must be taken not to allow the weapon to touch the barricade. By using the grip you have chosen, and placing the back of the weak hand against the side of the barricade, you will be able to adapt to various types of cover more readily. 4) Weak side, weak hand Merely reverse your position and grip. *NOTE: In addition to one handed hip shooting and free standing Weaver or traditional positions, officers will be required to fire weak, strong and kneeling barricade for state certification. Certainly shooters should continue their training by practicing from other positions such as: prone, restricted cover positions, i.e., telephone poles, and any other positions you might possibly encounter on duty. Volume 2 - Disk 2(11/93) 36 Firearms, continued CHAPTER X USE OF A FIREARM - THE DECISION PROCESS Deadly force decision making is sometimes viewed by the uninformed as simply making a legal decision to shoot or not to shoot. However, when the components of the decision process regarding the use of lethal force are broken out and studied, its complexity becomes obvious. TACTICS AND DEADLY FORCE DECISIONS MAKING The teaching of general tactics can form a solid foundation for firearms training. If you can develop and execute a good personal tactical plan, you may never be required to make a "split" second lethal force decision° For example, identifying and using cover is a basic part of good tactics. An officer who plans to operate from cover when possible, thereby allows time to make rational decisions regarding the use of deadly force. An officer without cover is forced to make a split-second decision - -- "shoot or don't shoot". The point is that tactical training is necessary if tactical plans are to be made. And Tactical planning which may or may not include the use of a firearm, is an integral part of your personal decision Drocess. while here at the Academy, you will be exposed to discriminatory decision making - discretionary live fire, day and night range scenarios. You will be required to "surgically remove" after identifying the "hostile" or "assailant" on both static and reactive target systems. You will also be trained on the Firearms Training System (F.A.T.S.) devices. LEGAL ASPECTS OF THE DECISION PROCESS Regarding the legal aspects of deadly force decision making, you should refer to your Police Liability handouts you were presented in class. Also, you may refer to Iowa Code, Chapters 704 and 804. Refer to the Use of Force handouts for your own edification. The law is quite clearly spelled out and all you have to remember are all the crimes classified as "forcible felonies". Sounds easy enough, but try reviewing them in half a second! The generally accepted policy is much simpler to apply. Shoot in defense of life --- yours or someone elses. If your evaluation of the circumstances was correct and life is endangered, you cannot be wrong. You also have one of the most ingrained of human instincts to help you survival. MORAL ASPECTS OF DECISION MAKING Morality is both societal and individual. Certainly, no one Volume 2 - Disk 2(11/93) 53 Firearms, continued should be wearing a badge if the taking of human life is appealing. Morally, most everyone feels justified in taking a life to save a life. Again, to solve the moral dilemma, use the same policy which solves the legal complexities: Shoot in defense of life yours or someone elses. For the officer who seriously doubts that he/she could take a life under the gravest of all circumstances? probably another line of work would be the answer or be more appealing. The police officer is sworn to protect life. People have a right to expect performance of a sworn duty. But, no one can predict the circumstances in which you may find yourself - - no one can make your decision for you. You must be prepared. CONCLUSION This manual has been prepared to provide you with both the basics of law enforcement firearms training and also to function as an in-service resource for you. Nothing can take the place of proper professional training. Nothing will continue to waive proficiency from qualification to qualification or incident to incident than ongoing training. Your career lies ahead of you. A complete understanding of all of your law enforcement tools and how to best utilize them cannot be underscored enough. Volume 2 - Disk 2(11/93) 54 IOWA LAW ENFORCEMENT ACADEMY Use of Force INTRODUCTION When to use force and what level of force to use will be a dilemma that law enforcement officers will eventually have to face. Force is one of those terms that is hard to define but everyone recognizes it when they see it. A good dictionary definition for the work force is: the exercise of strength or power to overcome resistance; violence, or such threat or display of physical aggression toward a person as reasonably inspires fear of pain, bodily harm or death. In a utopian world, force would never be an option. The use of force would be unnecessary because there would be no crime, discord, or violence and thus no need by government to use force to maintain order. The minimization of force and violence is the goal of Iowa's use of force statute. In any discussion of force it should be understood that there are different levels of force ranging from the officer's mere presence at the scene, to the most extreme level of force, deadly force. Many different graphics have been developed to help an officer conceptualize and understand the varying levels of force. Figure 1 is merely one author's attempt to demonstrate this progression for force concept. An officer's authority to use force is statutory. The Iowa Code authorizes the officer to use reasonable force in making an arrest. Section 804.8 spells out a law enforcement officers authority to use force, while making an arrest, in the following language: 804.8 - Use of force by peace officer making an arrest. A peace officer, while making a lawful arrest, is justified in the use of any force which the peace officer reasonably believes to be necessary to effect the arrest or to defend any person from bodily harm while making the arrest. However, the deadly force is only justified when a person cannot be captured any other way and either; The person has used or threatened to use deadly force in committing a felony or, Volume 4 - Disk 5(11/93) 1 of Force, contiued Su~ec~4sl co~oefmw.. Cl~f~llOe1~ t~t coal~l~flCe '1 JOHN C. DESMEDT FIGURE 1 USE OF FORCE MODEL I I PR~ENCE of ~w En~~ Rev~~ VERBAL D~REC'~ON (Pefsuauon, Admc~. W&m,ncj) CHEMICAL AGENTS IIMPACT W~tPON $ Volume 4 - Disk 5(11/93) 2 Use of Force, continued The peace officer reasonably believes the person would use deadly force against any person unless immediately apprehended. An officer should always, if possible, attempt to diffuse situations to avoid the use of force. When the use of force is necessary, the officer should always think in terms of using the "LEAST AMOUNT OF FORCE POSSIBLE." The use of force by a peace officer is for the following reasons: 1. The protection of life. Enforce the law within its limits. (Never to punish or discipline as that is the function of the judicial branch of government.) 3. Overcome resistance. [California Commission on Peace Officer Standards and  raining, Basic Course Unit, Legal Aspects of Force, arch 1990, pgs. 26-28] When force is used, the following may result: 1. Death. 2. Injury. 3. Control of extraordinary situations. In understanding the use of force statues, .certain statutory concepts are important to understand. 70¢.1 - Reasonable force. "Reasonable force" is that force and no more which a reasonable .person, in like circumstances, would judge to .be necessary to prevent an injury or loss and can include deadly force if it is reasonable · =o believe that such force is necessary to avoid injury or risk to one's life or safety or the life or safety of another, or it is reasonable to believe that such force is necessary to resist a like force or threat· Reasonable force, including deadly force, may be used even if an alternative entails a risk to life or safety, or the life or safety .of third party, or requires one to abandon or retreat from one's dwelling or place of business or employment. Any person may use reasonable force but one major difference between a law enforcement officer and a private citizen's authority to use force is that the law enforcement officer has Volume 4 - Disk 5(11/93) 3 Use of Force, continued no legal duty to retreat or desist from their efforts to make a lawful arrest by reason of a person's resistance to the arrest. The law does not statutorily demand that the peace officer retreat from a lawful arrest even though in some situations withdrawal may be the proper course of action. Private citizens on the other hand, have a lawful duty to withdraw in some circumstances. 702.18 - Serious injury. "Serious Injury" means disabling mental illness, or bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. 704.2 Deadly Force. The term "deadly force" means any of the following: Force used for the purpose of causing serious injury. Force which the actor knows or reasonably should know will create a strong probability that serious injury will result. The discharge of a firearm in'the direction of some person with the knowledge of his or her presence there, even though no intent to inflict serious injury can be shown. The discharge of a firearm at a vehicle in which a person is known to be. The focus of Iowa's statutory definitions of deadly force and serious injury is the potential danger of injury or death to a person. II. DEADLY FORCE The ultimate use of force is the use of deadly force. Iowa's use of force statute 804.8 evolved when the courts struck down laws which authorized the shooting of any fleeing felon. The use of deadly force in non-violent crimes was determined to be an unreasonable seizure violating the Fourth Amendment to the constitution which protects people against unreasonable searches and seizures by government. Tennessee v. Garner is the leading case which changed the way law enforcement was to view deadly force situations. Edward Garner was an unarmed fifteen year old burglary suspect who was shot and killed by a Tennessee police officer when he failed to halt after being commanded to do so. Certain principles concerning deadly force were established by this case. Volume 4 - Disk 5(11/93) 4 Use of Force, continued Any law which allows a peace officer to use deadly force againgt non-violent fleeing felon is archaic an unreasonable. e The killing of another human being is the ultimate seizure and therefore subject to reasonable standards of the Fourth Amendment. When a peace officer uses deadly force and death results, the officer bypasses the judicial process and becomes judge, jury and executioner. Deadly force may be used when a person cannot be captured in any other way and: ae The person has used or threatened to use deadly force during .the commission of a felony. The peace officer reasonably believes that the person will use deadly force against any person unless immediately apprehended. (Officers should always give a verbal warning to the suspect when feasible.) In determining reasonable, the la~ will look to what a reasonable, prudent person, under like circumstances would have done. This is an objective standard, not a subjective standard which merely looks at the personal thoughts of the officer. This standard will allow the officer sufficient latitude to use deadly force in apprehending a dangerous or violent felon without fear of being held civilly or criminally liable for a good faith mistake that any reasonable prudent person may have made under similar circumstances. The Garner case re-emphasized the law's desire to protect life over property. A peace officer has some altitude under the law in that officers need not be right in every decision that they make concerning deadly force only reasonable. The guidelines in Tennessee v. Garner should also be followed, if possible, when an officer is attempting to prevent an escape. 704.8 - Escape from place of confinement. A correctional officer or peace officer is justified in using reasonable force, including deadly fore, which is necessary to prevent the escape of any person from any jail, penal institution, correctional facility, or similar place of confinement, or place of trial or other judicial preceding, or to prevent the escape from custody of any person who is being Volume 4 - Disk 5(11/93) 5 Use of Force, continued transported from any such place of confinement, trial or judicial proceeding to any other such place, except that deadly force may not be used to prevent the escape of one who the correctional officer or peace officer knows or should know is confined on a charge or conviction of any class of misdemeanor. [C79, 81, 704.8] 804.13 -- Use of force in preventing an escape. a peace officer or other person who has arrested a person in custody is justified in the use of such force to prevent the escape of the arrested person from custody as the officer or other person would be justified in using if the officer or other person were arresting such person. The use of deadly force should always be an option of last resort. ae The primary purpose of firearms in law is the protection of life! 1. The officer's life. 2. Citizen's life. 3. Police firearms are defensive weapons. b. The secondary purpose of firearms in law enforcement is to enforce the law within its' limits of the law. When an officer decides to fire a weapon, the officer must assume the following: a. Someone may be fatally injured. b. If death results, the act must be justified. 1. Necessarily committed. 2. The act of a reasonable man. A clear cut example of a situation where an officer would most likely not be questioned in their use of deadly force would be in confronting a murder suspect. an officer arrives at the scene of a shooting to investigate and observe the perpetrator flee the scene with gun in hand and fail to obey a police order to halt. The act committed by the suspect is unquestionably dangerous in that a person is dead. Secondly, the suspect poses a threat both to the officer and to others. Volume 4 - Disk 5(11/93) 6 Use of Force, continued If no other less lethal means were available and the suspect refuses to halt, the officer would be most likely be justified in the use of deadly force. Note that all the prerequisites must be present, specifically, probable cause to believe a violent felony was committed (i.e., a murder) and probable cause to believe that the suspect committed it. In addition, there must be no other less lethal means available. Finally the suspect must have failed to obey an order to halt, given whenever feasible. Volume 4 - Disk 5(11/93) 7 Use of Force, continued Warning Shots Warning shots should never be used by the following reasons: a. Danger in injury to a third party or to the arrestee. b. May precipitate return fire. c. Other officers may feel that they are confronting a deadly force situation and unnecessarily use their weapon. III. LIABILITY ISSUES AND OTHER CONCERNS Potential consequences of the use of force civil liability and criminal liability, administrative sanctions and moral issues amy all result from an officer's use of force whether lawful or unlawful. The following is a list of possible results form the use of force: The officer may be affected in six (6) different ways and DOUBLE JEOPARDY DOES NOT APPLY. a. Internal affairs or by local'control. b. State court .......... criminal charge. c. State court .......... civil action. Tort liability of governmental subdivisions Chapter 670, Chapter 699 State Tort Claims 'Act Iowa Code d. Federal court ......... criminal charge. (Title 18, Section 242 U.S.C.) e. Federal court ......... civil action. (42 U.S.C. 1983 Civil Rights) fo Moral repercussions - divorce, alcoholism, psychological problems, eto resulting from the use of deadly force. IV. CONCLUSION Law enforcement officers have been given authority to lawfully use force but with that power comes awesome responsibility. A knowledge of the laws and department police concerning the use of force will aid the peace officer in determining the Volume 4 - Disk 5(11/93) 8 Use of Force, continued right course of action. A law enforcement officer should utilize the authority that the law has given in a compassionate, just way. The use of any force should be avoided if other readily accessible alternatives are available to accomplish their statutory duty. Remember, the law does not demand that a law enforcement officer always be correct in their judgments concerning the use of force only that the officer be reasonable within the guidelines of the law. Volume 4 - Disk 5(11/93) 9 Your force decisions as a law enforcement officer are scrutinized from several perspectives. Some who assess your actions will be concerned whether they were le~al. Others may focus on how much medical damage was done to the subject. Still others will evalu- ate what you did from a tactical standpoint: did you successfully stop the threat? USE OF FORCE DILEMMA MEDICAL Hedla/Po~ In selecting a justifiable level of force to control a subject, you must accomodate, at least to some extent, all of these perspectives. There will never be unanimous agreement on any ranking of force options. However, a good Force Con- tinuum does offer a guideline that will help you keep your use of force reasonable, and allow you to articulate a good explanation of it after the confrontation is over. This revised and expanded Continuum, designed by Calibre Press for the Street Survival® Seminar, is differ- ent from the models that have been standard in law enforcement for the past decade. It shows a relationship between a suspect's behavior and your appropriate response. tt includes certain response options that are prevalent today and whose relative ranking in terms of force intensity is confusing to many officers. And it allows for adaptation, according to your training and experience, to your department's policies, and to new tools, techniques and legal decisions that may develop in the future. Understand that any force continuum is merely a ~tarting point for discussing a very complex issue: the justification for the use of force. It represents an ideal, orderly world- not necessarily the real, chaotic, bi- zarre world on the street, where officer actions in the midst of violent turmoil often are judged long afterward in calm and distant settings. Resistance and response are dynamic. The suspect's behavior and your use of force to control it may move up and/or down on the Continuum during any given encounter, as indicated by the two-way arrows. More- over, this movement will not always be in an incremen- tal step-by-step sequence. In selecting your use of force, you may need to skip one or more entire steps on the Continuum, depending on how you ' normally" certain key variables, namely:. Thr~at A~e~ment Observations. What factors bear on your perception of dangerousness? Your evalu- ation should include the subject's: · emotional state · resistive tension · early warning signs · pre-attack postures · access to weapon(s) · apparent willingness to sustain injury. Officer/Subject Factore. How do the strengths and wee knesses you bring to this encounter compare to the subject's strengths and weaknesses? Your evalua- tion should include your respective: · age ' sex · size · strength · skill level (training/experience) · backup (yours/subject's). Special Circumstances. What is unique about this confrontation, if anything, that requires a higher or lower level of response than would 'normally" seem justified? Your evaluation may include: · a sudden, unexpected assault · your physical position · your reasonable perception of danger · subject's ability to escalate force rapidly · your special knowledge about subiect · your/other officers' injuries or exhaustion · timing, tools, tactics, training · other factors necessitating unusual control measures, such as crime rate in the neigh- borhood, nature of the call, etc. These important variables should always be re- viewed and explained in your report and/or testimony, if pertinent, to document in detail that the level of force you used was necessary and appropriate, considering all the circumstances. This Force Continuum should also be presented to Administration for inclusion in training and Departmental policies and procedures. Appreciation is greatfully acknowledged to the following trainers an~ use of force experts: Bob Willis, Dave Grossh Milclred O'Linn, Larry Hahn. Sam Faulkner, Joseph $curo. Jr.. Gary Klugiewicz, Ed Nowicki and Greg Connor. Their concepts aDout proper use of force stimulated ancl influenced Calibre Press' new Force Continuum. IOWA LAW ENFORCEMENT ACADEMY Defensive Tactics DESCRIPTION: This will be a basic certificauion program in defensive and ,~ arrest tactics. The course will cover the full range of instruction including theory, psycho-motor skill development techniques and simulation. OBJECTIVE: The course is designed to prepare recruit officers to implement principles of subject control concepts in the enforcement environment. FORMAT: Lecture, video, demonstration, practical exercises, simulation exercises TABLE OF CONTENTS I. INTRODUCTION TO DEFENSIVE TACTICS ........ 3 II. PSYCHO-MOTOR SKILL DEVELOPMENT A. MENTAL CONDITIONING ............ 12 B. TACTICAL WARMUPS ............... 13 C. BODY MECHANICS ................ 15 III. THE CONTROL PROCESS: A DISTURBANCE RESOLUTION MODEL A. APPROACH CONSIDERATIONS ........... 18 B. INTERVENTION OPTIONS ............. 25 C. FOLLOW-THRU CONSIDERATIONS .......... 38 SIMULATION .................... 45 ARTICULATION A. CONTROL THEORY ................ 47 B. USE OF FORCE REPORT WRITING ......... 49 C. STANDARD REPORT EVALUATION FORM ....... 51 IV. V. Volume 2 Disk 2B(11/93) 1 D. USE OF FORCE DONATION CHECKLIST ..... VI. BASIC LESSON PLAN ................ VII. SYSTEM DESIGN .................. VIII. TESTING PROCEDURES .............. CONCEPTS FOR CONFRONTATIONAL SUBJECT MANAGEMENT 53 55 57 57 59 Volume 2 - Disk 2B(11/93) 2 Defensive Tactics, continued LESSON PLAN I. INTRODUCTION TO DEFENSIVE TACTICS A. Law Enforcement Disturbance Response Continuum: VERBALIZATION DEFENSIVE SPECIALIZED TACTICAL SKILLS TACTICS TEAMS TEAMS B o D o Definition: The Defensive And (D.A.A.T.) training program is verbalization skills coupled alternatives. Arrest Tactics a system of with physical o You've got to be nice Until it's time not to be nice And then you've got to be nice again. 3. Verbaiization skills area a "psycho-motor skill." Keep it "p.g." (parental guidance level) at all times. Purpose of defensive tactics training - control. i. Control is not a 50/50 proposition. 2. Officer must maintain the position of advantage. 3. Proper police action balances safety and efficiency. Note: Proper police action is a generic term that refers to proper action taken by all law enforcement officers regardless of duty assignment. An officer is always permitted to disengage and/or escalate in order to take proper police action. o Ultimate justification: control is a perception based on the officer's training and experience and the fact situation. Components of defensive tactics training 1. Theory 2. Psycho-motor skill development. 3. Techniques. Simulation. Background of the principles of subject control. Volume 2 - Disk 2B(11/93) 3 Defensive Tactics, continued The concepts on which the principles of subject control training program are based were initially developed by Kevin Parsons. Phd. For the state of Wisconsin's law enforcement standards board training and standards bureau. The program was revised an improved by contributions from defensive tactics instructors from Wisconsin and throughout the United States and Canada. 2. Concept of system. a. Research scope and nature of problem. b. Design a series of concepts to solve the problem in the simplest manner. Evaluate program and refine system. C o 3. Instructor training programs. a o c o f o Verbalization skills training. Active countermeasures: unarmed blocking and striking Principles of subject control. Impact weapon training. Weapon control. Firearms, edged weapons, and clubs training. Simulation development training. Tactical team training.. E. Defensive tactics training principles. 1. Rapid. 2. Intense. 3. Specific. 4. Competencies. F. Components of a viable defensive tactics system. 1. Works. a. Strong. b. Simple. c. Effective. 2. Court defensible. Reasonable. Systematic. Competency based. Administratively feasible. a. Policy. b. Time. Volume 2 - Disk 2B(11/93) 4 Defensive Tactics, continued c. Funds. 4. Review and revision procedure. G. Emergency preparedness planning. 1. The role of emergency preparedness planning. 2. Law enforcement personnel respond to emergency situations as first responders. Remember: You are a law enforcement officer first ~d a first responder second but the extent of authority --d responsibilities is limited by your job description. 3. Types of law enforcement emergencies. a. Disturbance emergencies. b. Medical emergencies.. c. Fire emergencies. d. Miscellaneous emergencies. 4. First responder philosophy -- law enforcement personnel respond to emergency situations (see chart). 5. The control process: A disturbance resolution model -- special tactics and documentation needs for disturbance emergencies (see chart). 6. The force option continuum -- a listing of the specific defensive tactics techniques that comprise the defensive and arrest tactics training program that should be utilized in report writing and courtroom testimony (see chart). 7. The yes, maybe, and no people concept for crisis decision making (see chart). H. First responder philosophy -- the proper way for law enforcement personnel to respond to emergency situations. Activity Response cues ~ 4 o Arrive (on the scene) Assess (the situation) Alarm (is given) Evaluate (the situation) (Become aware of the emergency) (Determine type of emergency) (Notify the dispatcher/get back up responding) (Are there any hidden dangers?) Volume 2 - Disk 2B(11/93) 5 Defensive Tactics, continued Enter (the emergency site) (When you have enough back up and it's appropriate to do so) 6. Stabilize (subject/scene) (Restrain subject. appropriate) If Initial medical assessment (Remember that you need to stabilize the subject(s) before proceeding to this step) ao Determine the level of consciousness (yes/semi conscious/no) Check abc's (airway / breathing / circulation) Perform a body check (severe bleeding / gross deformities) Treatment to level of training (activate the emergency medical system (e.m.s.), if appropriate) Continue to monitor the subject (stay close/watch closely) o Long term monitoring (Does the subject have "special needs" that requires additional (medical / mental / security) care / supervision) Communication (What do you have, what type of assistance is needed, who is responding, who is bringing in the emergency equipment, when you have enough assistance on the scene, when the emergency is over, etc.) 10. Documentation/debriefing (Detailed reports on what lead up to the emergency, what occurred during the emergency, and how the staff followed up after emergency as well as the findings of the investigation that follows/ remember if the staff doesn't discuss and evaluate their response they will keep making the same mistakes) I. The control process: a disturbance resolution model. 1. Approach considerations. a. Decision making: Justification DesirabiliTy b. Tactical considerations: Control of distance Positioning volume 2 - Disk 2B(11/93) 6 Defensive Tactics, continued C o Tactical evaluation: Team tactics Threat assessment Opportunities Officer(s) Subject (s) factors Special Circumstances 2. Intervention options. a. Presence: b. Dialog: c. Empty hand control: do Intermediate weapons: Deadly force: Assertive body language What you say/how you say it Escort holds Compliance holds passive countermeasures active countermeasures oleoresin capsicum (oc) - aerosol spray Impact weapons Firearms -- and other options for dealing with the threat of imminent danger of death or great bodily harm 3. Follow-thru considerations. so Do Stabilization > Application of restraints, if appropriate Monitoring/debriefing procedures Searching procedures, if appropriate Escort procedures, if necessary Transportation procedures, if necessary Turnover ..... > Removal of restraints, if necessary Volume 2 - Disk 2B(11/93) 7 Defensive Tactics, continued FORCE OPTION CONTINUUM The techniques utilized in this force option continuum were adopted by the state of Wisconsin, Department of Justice Law Enforcement Standards Board (L.E.S.B.) Defensive and Arrest Tactics Tactical Advisory (D.A.A.T.) Committee on November 11, 1987. The format was revised on August 23, 1991 to better explain the concepts of mode, tactics, and techniques. The format was again revised by the law enforcement standards board on April 23, 1993 in order to add oleoresin capsicum (O.C.) aerosol spray to the force option continuum. Mode Tactic Technique 1. Presence Open stance Ready stance Defensive stance 2. Dia!og Empty Hand Control Intermediate weapon 5. Deadly Force Search talk Persuasion Light control talk Heavy control talk Escort holds Compliance holds Passive countez~neasures Active countermeasures Oleoresin capsicum (O.C.) Aerosol spray Blanket the arm Escort position Come-alongs Pressure points Secure the head Hug yourself Lower your center Pull in/push down Vertical stuns Focused strikes Note: the criteria for use of O.C. Spray is active resistance or its threat from a subject. As with any force option, actual use of O.C. Spray depencls on an officer's tactical evaluation of the situation. Impact weapon Verbal warning Ha/%d on the baton Present the baton Load the baton Feint with the baton Strike with the baton Diffused strike Firearm Verbal warning Hand on the gun Draw the gun Point the gun Shoo= the ~ Volume 2 - Disk 2B(11/93) 8 Defensive Tactics, continued Crisis decision making -- yes, maybe and no people (a concept developed by Officer Robert Willis - New Berlin, Wisconsin Police Department). Yes people - no resistance Cooperative subjects. o Maybe people - undecided Passively resisting subjects. o No people - actively resisting Combative subjects Remember: this concept was developed to assist officers in making rapid decisions under stress in the their duty assignment. These terms are designed to allow the individual officer to get into the "right ball park" for making use of force decisions. Don't use these terms for report writing and-or courtroom testimony because they are too imprecise for these purposes. The force option continuum was developed to meet these needs. K. Adult learning theory- the stages of learning 1. Awareness. 2. Awkwardness. 3. Conscious effort 4. Proficiency so 3,000 -- 5,000 repetitions. "Chunking" concept. Emotional impact L. How the system is taught 1. Demonstration -- visual, i.e. Seeing 2. Explanation -- audio, i.e. HearinH 3. Repetition -- tactile, I.e. DoinH By the numbers. Slow for form. Full speed and power. Simulation--- decision making: I.e. Experiencing. a. Intensity/complexity levels. (1) Low level. (2) Middle level. (3) High level. Volume 2 - Disk 2B(11/93) 9 Defensive Tactics, continued Simulation classifications block" approach. - -use "building (1) Shadow training. (2) Prop training. (3) Partner training. (4) Dynamic movement training. (5) Relative positioning training. (6) Environmental factors training. (7) Protective equipment training. M. Requirements. 1. Understanding. 2. Participation 3. Evaluation. N. Training safety riles. 1. Treat each others as peers - we're on the same team. 2. Ask questions - "how to" questions 3 No horseplay will be tolerated -- officers get hurt. Cooperate Don't compete -- instructors are here to help you develop job skills. 5 No jewelry is to be worn during training remove any jewelry you may be wearing now. Mouthguards will be used, as needed, for simulation training. We are responsible for each others safety -- watch out for each other. Three (3)officer Safety Concept -- during simulation training at least one student in each group will act as a safety officer/coach. o Proper floor dynamics will be strictly enforced the training area will always be cleared of all unnecessary equipment/clutter. 10. Use of whistle: cadence and emergency stops. 11. Report injuries immediately -- don't suffer in silence. You are supposedly "fit for duty" but over time we all become "old war horses." You know your bodies and if something doesn't feel right when you do a certain technique or movement, let Volume 2 - Disk 2B(11/93) 10 Defensive Tactics, continued the instructor know. There will be a "current wellness check" before each class is conducted and a "final wellness check" after the class is completed. 12. Even during defensive tactics, range safety rules as originally developed by Jeff Cooper must be enforced when firearms are present: Rule 1 -- treat every firearm as if it were loaded. Rule 2 -- always point the muzzle in a safe direction. Rule 3 -- keep your finger off the trigger and out of the trigger guard unless you intend to shoot. Rule 4 -- know your target. Back stop, and beyond. Functional firearms are. to brought into the training area only with the permission of the primary instructor" there are to be no magazines in semi-automatic and/or automatic weapons. Live ammunition is never to be brought into the training area. There will be an initial weapon check and physical inspection for the purpose of locating forgotten ammunition in ammo pouches, pockets, and other locations. No ammunition is allowed to be left in the training area -- it must be taken out of the training area and secured properly. Functional firearms are to be both "visually and physically" inspected to determine that no live ammunition is present at the beginning of the training session and any time the participants leave the training area for a break or for any other reason. Safety is every participant's responsibility certain scenarios that the participants may be required to role play could contain deadly force decision making situations. Therefore, firearms may be pointed at demonstrators who pose a "real" threat to the participants. Otherwise weapons will always be pointed in a safe direction. Participants involved in training exercises utilizing firearms will follow the "laser rule" when handling firearms. 13. No training equipment is to be handled without the Volume 2 - Disk 2B(11/93) 11 Defensive Tactics, continued permission of the primary instructor -this includes a participant's personal. Duty-training equipment. 14. Likewise, knives and other weaponry are not allowed in the training area without the permission of the primary instructor. 15. Remember to work at your own pace -- don't over- exert yourself. II. PSYCHO-MOTOR SKILL DEVELOPMENT. Mental conditioning - developed in cooperation with Charles Remsberg and Dennis Anderson of Calibre Press, Inc. 1o Crisis rehearsal development a. Pulse drill. (1) Resting heart rate. (2) Anxiety development. (3) Stress situation. (4) Physical exertion. b. Autogenic breathing. (1) Relationship of mind and body. (2) Technique. (a) Four (4) count inhalation. (b) Four (4) count pause. (c) Four (4) count exhalation. (d) Four (4) count pause. (3) Purpose -- mental and physical stress reduction. (a) Apprehension/uncertainty/confusion. (b) Anger/fear. (c) Physical exertion. (d) Post incident trauma. c. Crisis rehearsal. (1) Personalization of training and tactics. (2) Technique. (a) Appropriate setting. (b) Comfortable. (c) Breath control. (d) On duty scenario. (e) Crisis. (f) Good tactics. Survival/winning. Volume 2 - Disk 2B(11/93) 12 Defensive Tactics, continued (3) Important questions to ask yourself. (a). Can I injure/kill. Another person? (b). Can I deal with the gore? (c). Do I have the will to keep fighting if injured/cut/shot? (4) Fighting rules. (a) Be effective from the beginning. (b) Never spar with anyone. (c) Hit as hard as you can. (d) Attempt to create dysfunctions. (e) Get the confrontation over quickly. (5) Three rules to remember. (a) No officers are injured. (b) No subjects are injured needlessly. (c) No one is accepted/detained or released improperly. (6) Safety priorities. (a) You. (b) Fellow officer(s)/staff members. (c) Civilians. (d) Criminals. If you don t plan for the worst possible scenario, you won t be prepared for it -- you can practice crisis "r-e-h-e-a-r-s-a-l" or do on the job "c--r--i--s--i--s rehearsal" at the point of impact. (A concept developed by Jay Sandstrom of the Wisconsin Resource Center) Tactical warmups - developed by Tim Powers· Stress management and conditioning specialist and director of the Fitness Institute For Police, Fire, and Rescue. 1. Heat up the body. Run in Place. Shadow training. General stretching -- developed by Cheryl Blohowiak, an aerobic fitness instructor, for use in defensive tactics training. Note: All stretches should be performed in the ready stance and held for between 10 and 20 seconds. (1) Overhead stretching place hands together and stretch up over head. (2) Neck stretch - your neck forward then to Volume 2 Disk 2B(11/93) 13 Defensive Tactics, continued left then to right then to left then to right-center. (3) Shoulder shrugs - shrug your shoulders forwards/backwards/up and down and alternate. (4) Side stretch - place your arms behind your head and then stretch right and repeat to the left side. (5) Bent stretch - bend over with your hands clasped behind your back and then lift your arms upwards. (6) Hip rotation - in a double forearm position rotate your hips to the right and then repeat to the left. (7) Reaching stretch - bend to the right with your left hand reaching straight out towards the right with the right hand on the thigh and then repeat to the left. (8) Toe touches -touch the left foot with the right hand while the left hand reaches upwards and then repeat to the right side. (9) Half squats simulating a "hook up" position perform a Pull in/push down decentralization (repeat 5 times) (10) Ankle Stretch -- rotate your right ankle side to side, forward and backwards, clockwise and counter-clockwise. (11) Calf stretch -- point your right toes out wile tightening your leg and then lift your right toes up while tightening your leg and then repeat to the left side. Positive "self talk" -- adapted from the book The Tactical Edge by Charles Remsberg. ao g. h. i. On any disturbance call, I will survive. I am constantly aware of my environment. I am relaxed but alert. Take advantage of every assessment opportunity. I know the verbalization skills I need. I know the physical moves I need. I hit with power. I know when to make deadly force decision. I will survive. And keep going, no matter what. I am proud to be one of America's finest law enforcement. Note: The term "law enforcement" refers to all the different branches that comprise the law enforcement and correctional functions. Remember: Cool downs should be performed after any strenuous activity. Volume 2 Disk 2B(11/93) 14 Defensive Tactics, continued Note: These tactical warmups can be expanded to a tactical aerobics program that can provide both an aerobic workout and a review and reenforcement of defensive tactics techniques by performing multiple, high intensity repetitions of basic empty hand control and baton techniques inter-spaced with running in place. Caution: Any type of aerobic activity should be considered strenuous activity. A medical examination is suggested participating in such exercises. before Remember to monitor your own pulse rate. A good rule of thumb is to stay within your exercise heart rate (ehr). Your ehr can be determined by subtracting you age from 220 which gives you your maximum heart rate (mhr). Check your pulse often and stay between 60 and 80% of you mhr. Formula 220 Minus your age Maximum heart rate (mhr) x 60 - 80 % Exercise heart rate (ehr) Note: Check your pulse often and moderate your exertion rate accordingly. Co Body mechanics - the foundation of good techniques developed in cooperation with John Desmedt of the United States Secret Service. Note: Body mechanics are usually taught in three levels - Body Mechanics I (stance and movement), Body Mechanics II (ground defense and falling), and Body Mechanics III (power development training). 1. Body Mechanics I (stance and movement). a. Stance (2 (3 (4 (5 (7 (9 width. Depth. Half facing. Balls of feet. Height/bent knees. Weight. Trunk over center. Relaxation. High guard. (i0) Elbows in. Volume 2 Disk 2B(11/93) 15 Defensive Tactics, continued b. Step and drag stepping. (1) Forward. (2) Backward. (3) Diagonally. (4) Sideways. (5) Pivot - forward/backward/step through. c. Pushing drills. Note: Before performing physical control techniques with a partner it is a good idea for the student to try the technique without a partner first in order to get the "gross movements" down before adding the confusion that a partner usually adds. The concept of initial "shadow training" before "hands on training" is a concept originally developed by officer Robert Willis of the New Berlin, Wisconsin Police Department. (1) Step and drag step. (2) Techniques. (a) Straight arm. (b) Bent arm. (c) Elbow push. (d) Elbow lift. (e) Roll the ball. d. Push- pull drills. (1) Rolling the ball (a) Forward. (b) Backward. (c) Power steering. (2) "Getting off the tracks" drill. (A concept developed by Captain George Armbruster of the Jefferson County, Louisiana Sheriff's Office). (3) Confrontational circle drills. Note: Mouthguards should confrontational training. be worn for Body Mechanics II (protection from the ground, getting up safely and falling). a. Protection from the ground. (1) Position. (2) Mobility. Volume 2 - Disk 2B(11/93) 16 Defensive Tactics, continued (a) Side to side. (b) Circle. (3) Defense from ground. (a) Active unarmed strikes. Baton; and firearm. (b) Passive coverup. Ground defense maxim: If you end up on the ground and you're not cuffing, you're losing. b. Getting up safely. (1) passive -roll over to stomach .and sprint to safety. (2) Active- prone to kneeling to ready stance. c. Falling. Importance prevention of injury. How officers are injured falling to the ground. (3) Types. (a) Forward fall. (b) Back fall. (4) Training levels (a)Training intensity decision making - - instructor & student. (b) Intensity levels. i) Prone/sitting ii) Kneeling/squatting. iii) Standing. Body Mechanics III (power development training). a. Power development drills. (1) The seven components of power developed by Kevin Parsons, PhD. o (2) (a) Balance. (b) Endurance. (c) Flexibility. (d) Focus. (e) Speed. (f) Strength. Simplicity. Striking theory. volume 2 - Disk 2B(11/93) 17 Defensive Tactics, continued Do (8) Proper participant attitude with instructor supervision. III. THE CONTROL PROCESS: A DISTURBANCE RESOLUTION MODEL. A. Approach considerations. Volume 2 - Disk 2B(11/93) (a) Weapon. (b) Power development. (c) Target area. (d) Transfer of force. (3) Drills. (a) Mike Nakamura; F.B.I. Academy, power development drill. (b) How to increase your power. i) Twist your hips. ii) Step and drag stepping. iii) Raise or lower center. Training bag/striking shield drills safety. (1) How to hold. (a) Standard grip. (b) High/low grip. (c) Short strap grip. (2) How to stand. (3) How to strike. (4) Use of mouth guards. (5) Three(3)icer safety concept. (6) Proper partner selection. (7) Give your partner feedback on power development and know when to lighten up. close Decision to approach. a. Justification. b. Desirability. Tactical considerations. a. Proxemics. (1) Normal social distances. Institutional distances. Developed by Jerry Elliott, Captain, 18 at the Defensive'Tactics, continued Wisconsin Wisconsin. Resource Center, Winnebago, (a) Public - more than 12 feet. Institutional environment than 6 feet. (b) Social - 4 to 12 feet Social - 3 to 6 feet. (c) Personal - 1 1/2 to 4 feet. Personal 1 to 3 feet. (d) Intimate - 0 to 1 1/2 feet. Intimate - 0 to 2 feet. more Note: The intimate zone of an emotionally disturbed person is determined by that person's perception of threat in a given situation. (2) Danger zones. (a) Unarmed - less than 10 feet. (b) Club or edged weapon- less than 21 feet. (c) Firearm - in line of sight unbroken by cover. (3) Relative positioning - developed by John Desmedt of the U.S. Secret Service (see chart). (a) (b) (c) (d) (e) Inside position - avoid this position. Level 1 - best for frontal approach. Level 2 - subject usually re- positions. Level 2 1/2 - best for escort position. Level 3 - best for decentralizations. Note: Relative positioning applies to all positions that officers may find themselves in, i.e. standing, stooped, kneeling, and prone. Note: Any attempt to stabilize a subject against an object should be attempted from level three in order to minimize the danger to the officer(s). Volume 2 - Disk 2B(11/93) 19 RELATIVE POSITIONING DEVELOPED BY JOHN DESMEDT CHART DIRECTION 3 2 I/2 2 I/2 HEIGHT M U LTI PLE SUBdECT I INSIDE STANDING 29 MULTI LEVEL LINEAR ENCIRCLED Defensive Tactics, continued (f) Team tactics. (4) Contact/cover - in high risk situations, one officer makes contact with the subject while the other officer provides cover which means the cover officer provides cover for him/herself and the contact officer. (s) Bracketing - close quarters contact/cover; the cover of positioning' (concealment) in which the cover officer takes up a position of level 2 1/2 to the subject while the contact officer positions him/herself at level 1. Tactical evaluation section developed in cooperation with Charles Remsberg and Dennis Anderson of Calibre Press, Inc. a o Color codes (conditions of awareness) developed by Jeff Cooper and popularized in the first streeZ survival seminar series. ( 1 ) White unaware. (2) Yellow - relaxed but alert. (3) Orange - ready to act. (4) Red - action state. (5) Black - blind panic. Note: if the officer is not willing to make a commitment to make a decision; i.e.; move up to condition red, then the officer will move up to condition black and either over-react or under- react to the perceived threat. Proper action requires that an officer: Remain alert. Be decisive. Have a pre-planned, practiced response in mind. Tactical evaluation considerations. 1. Threat assessment opportunities. a o Resistive tension - level of agitation in a subject's body. Early warning signs - subject behaviors to watch for that predicts a possible assault. i) Subject conspicuously ignores you. ii) Subject gives you excessive emotional attention. Volume 2 Disk 2B(11/93) 21 Defensive Tactics, continued iii) Subject exhibits exaggerated' movement. iv) Subject suddenly ceases all movement. Subject has a history of violent behavior. c. Pre-attack postures. i) Boxer stance. ii) Hand set. iii) Shoulder shift. iv) Target glance. v) Thousand yard stare. Note: The purpose of the threat assessment opportunities is to "predict" that a subject is going to become assaultire, "prepare" the officer to protect him/herself against this possible assault, and when considered along with "officer / subject factors" and "special circumstances" assists the officer "justify" an earlier force response. Dealing with an e.d.p. (Emotionally disturbed person) - developed in cooperation with Daniel Vega. Msw and Dennis Anderson and Charles Remsberg of Calibre Press Inc. i) The three types. a) b) c) Long term e.d.p. Chemical abuser. Short term e.d.p. ii) The crisis cycle - time limited in nature. a) b) c) d) e) Normal behavior. Development of conflict. The crisis state. Post-incident conflict. A return to normaicy. iii) Why are e.d.p.'s so dangerous? a) b) c) Extremely strong. High pain tolerance. Fighting for their life. iv) The e.p.d. Wave pattern unpredic~ability. Volume 2 - Disk 2B(11/93) 22 Defensive Tactics, continued a) b) c) Manic behavior. Normal behavior. Depressed behavior. v) The flip side of suicidal behavior homicidal tendencies. The why? a) b) c). You frustrate their attempt. Your insensitivity angers them. You become the vehicle of their suicide. vi) Crisis management strategies how an officer should respond to any potential, crisis situation. a) b) c) d) Observation. Intervention. Notification. Documentation. vii) Crisis intervention techniques alternatives, if possible, to the use of physical force. a) b) c) d) e) f) Talk softly and slowly. Attempt to calm the subject. Use simple commands. Take your time. Control distance and maintain bailout routes. Never take on an e.d.p. alone. Remember: If you don't take the time to talk, you'll probably have to fight. Weapon control - maintaining control Of your weapons and gaining control of any weapons a subject has in his/her possession is very important in terms of providing for an officer's safety. Inability to control these weapons may necessitate the use of deadly force. 1) Weapon assessment - the hierarchy of dangerousness (a Volume 2 - Disk 2B(11/93) 23 Defensive Tactics, continued concept developed by Massad Ayoob - the Director of the Lethal Force Institute, Inc.) a) Firearm. b) Knife. c) Club. d) Unarmed. Note: The threat level, presented by any weapon assault is dependent not only on the type of weapon; but also on the distance the assailant is from the officer.. The skill level of the assailant, the force options available to the officer, and the ability of the officer to disengage along with a whole series of other variables. 2) Weapon control classifications. a) Awareness. b) Avoidance. c) Retention. d) Defense/disarming. 3) Physical defense options. a) Firearms Note: The best weapon defense consists of (1) drawing your firearm; (2) maintaining and/or creating distance; and (3) attempting to diffuse the situation with verbalization skills. b) Impact weapons. Note: Although the impact weapon functions adequately as a "spontaneous defense" against a weapon assault, remember the "hierarchy or dangerousness." c) Empty hand control. Sweep and disengage. Apply the "grab / undo / neutralize (g.u.n.) principle." 4) Officer(s)/ subject(s) factors. Volume 2 - Disk 2B(11/93) 24 Defensive Tactics, continued a) b) Number of participants? Individual factors? 2. Sex. 3. Size. 4. Skill level. 5) Special circumstances. a) b) c) d) e) f) g) Your reasonable perception of threat. Sudden assault. Your physical positioning. Subject's ability to escalate force rapidly. Your special knowledge about the subject. Your injury 'or exhaustion. Other special circumstances. B. Intervention options. 1. Presence - professional image. The first intervention option is presence which is one of the six (6) verbalization skills. The concept of verbalization skills was developed in cooperation with Daniel Vega, MSW, and consists of: be (2) (3) (4) (5) -(6) Presence. Dialog. Verbal direction. Officer'coordination. Monitoring / debriefing Articulation. Communication model -'development of effective communication. (1) Sender. (a) Passive mode - attracts violence. (b) Assertive mode - diffuses violence. (c) Aggressive mode - fosters violence. (2) Message. (a) Verbal - what is said. (b) Voice -- how it is said. (c) Visual - what is seen. 7% 38% 55% Volume 2 Disk 2B(11/93) 25 Defensive Tactics, continued (3) Atmosphere. (a) Supportive mode. (b) Defensive mode. (4) Receiver. (a) Passive mode - attracts violence. (b) Assertive mode - diffuses violence. (c) Aggressive mode -- fosters violence. o c. Purpose - attempting to create as positive an environment as possible. d. Proper techniques. (1) Open stance - low / condition yellow. (2) Ready stance - middle / condition orange. (3) Defensive stance - high / condition red. Dialog - verbal persuasion. a. Purpose -- attempting to establish compliance with verbal skills. b. Proper techniques. (1) Search talk - normal conversational tone. (2) Persuasion -- soft. Soothing tone. (3) Light control talk -- insistent tone. (4) Heavy control talk -- issue ultimatums. c. Improper techniques (the p.o.p. Index - officer mannerisms that can escalate situations). (1) Physical. (a) Facial expressions. (b) Attitude. (c) Mannerisms. (d) i) Crowding. ii) Parental finger. iii) Inappropriate touching. (2) Speech. (a) Profanities. (b) Buzz words. (c) Verbal parting shots. Empty hand control techniques. Volume 2 - Disk 2B(11/93) 26 Defensive Tactics, continued a. Escort holds (1) (2) Purpose - safely initiating physical contact. Proper technique. (a) Blanket the arm - gentle laying on of hands at the elbow. (b) Escort position - police escort position. (3) Special application of escort holds, i.e. Stop and frisk procedures. Note: The restrictions placed on any correctional application of the stop and frisk procedure are much less stringent. (a) Justification. i) Perception of criminal activity. ii) Reasonable perception of danger. iii) Limited search for weapons. (b) Technique. i) Decision to approach. ii) Test verbal compliance/ evaluate subject's behavior. iii) Notify the subject of your intent to perform a "frisk." iv) Blanket the subject's arm. v) Slide into an escort position. vi) Order the subject's free hand behind the head. vii) Decision made to begin "frisk." viii) Take the slack out of the subject's arm. ix) Perform the "frisk." x) Disengage safely. (c) Tactical considerations - should a weapon be found, your reactions will depend on the circumstances of the specific situation. b. Compliance holds. (1) Purpose - overcoming passive resistance. (2) Proper techniques. (a) Come along common wrisz lock. Volume 2 - Disk 2B(11/93) 27 Defensive Tactics, continued i) ii) Compression holds. Compliance holds. Note: the difference between a compression hold and a compliance hold is the amount of pressure the officer exerts on the subject's wrist. Caution: For certain subjects, i.e. Under the influence of'drugs and/or alcohol, emotionally disturbed persons (e.d.p.'s), or highly motivated persons, such as abortion protestors, compliance holds may be clearly inappropriate and/or ineffective. The application and/or continuation of such techniques may not only prove to be ineffective but may appear "brutal" to the public and may even be determined to be "excessive force." Other techniques and/or tactics need to be utilized under these circumstances. (b) Pressure points developed by Bruce Siddle. i) Below tke ear - mandibular angle. ii) Beneath the jaw - hypoglossal nerve. Caution: mechanical devices should not be used when applying pressure points to the head and neck. Tactical alert: Widespread media coverage of the contagious disease epid~mic, especially dealing with the the aids virus has led to a rapid increase in the n,,~her of offenders who are attempting to bite officers. This necessitates an increase emphasis in properly securing the head during close quarter confrontations. Additionally, officers should follow universal precautions in all situations. Note: for best retention, train with these techniques by first placing the technique on yourself with light pressure, then perform them with full intensity on your palm, and then perform them on you partner with touch pressure before ever progressing to simulations. (3) The most effective application of physical control techniques use the Volume 2 - Disk 2B(11/93) .28 Defensive Tactics, continued following verbalization skills. (a) Verbal direction - verbal commands accompanied by physical sanctions. i) "Initial verbalization" should be attempted, if possible, in an attempt to calm the subject. ii) "Verbal direction" combines: a) b) c) An initial loud verbal command. Rapid, intense application of technique. Simultaneous verbal stunning. ±±±) "Stabilization commands" should follow "verbal, direction" To assist in the maintenance of control. (b) Officer coordination. ±) ii) Development of efficient physical. technique. Development of psychological control. (c) Passive countermeasures. i) ii) Purpose - decentralization, i.e. To direct a subject to the ground. Theory. a) Maintaining stance. 1). Strongest towards center. 2). Taking out the slack. a). Pull. b). Twist. c). Roll. b) Efficient decentralization. 1) . Concepts. a). b). Bring to center. Take out the volume 2 - Disk 2B(11/93) 29 Defensive Tactics, continued slack. c). Roll the ball. d). Movement along an arc. 2). Safety features. a). b). Protect the head and neck as much as possible. Ability to control the speed of descent. iii) Proper techniques. a) b) c) d) Level three - secure the head. Escort position - hug yourself. Wrist lock lower your center. Grappling position - pull in / push down. Note: rather than following t.he subject directly down to the ground, in order to control his/her descent, the officer should move into an "intermediate stance." by doing this the officer will retain his/her ability to "disengage and/or escalate" while preventing injury to the officer associated. with full speed descent to the 'ground. c. Active countermeasures. Definition: active countermeasures are a system of unarmed blocking and striking techniques. These "high level control tactics" were designed to provide the "missing link" between violent resistance and control. Purpose: to create dysfunctions, i.e. The application of fluid shock waves causing a temporary disruption of the subject's ability to resist. (1) Block deflections. (a) Middle level blocks - high guard Volume 2 - Disk 2B(11/93) 30 Defensive Tactics, continued (b) (c) (d) rotates back and forth for chest attacks. Face level blocks - face/neck throat attacks deflected by rising blocks. Lower abdominal blocks -- lower abdominal attacks deflected with forearms/elbows. Downward blocks -- groin attacks deflected with descending forearms. Caution: failure to maintain a proper "high guard" position may result in injury to the officer due to a failure to block an unarmed assault. Remember the "Law of Creation" developed by Chris Herrig, an Assistant Professor at the York College of Pennsylvania. LAW OF CREATION Hands were created to protect the head - use them. The chin was created to protect the throat - use it. Shoulders were created to protect the chin - use them. Arms were created to protect the torso - use them. Hips were created to protect the groin - use them. (2) Vertical stunning techniques -- directing a violently resisting subject to a wall or other vertical surface. (a) (b) Direct the subject into vertical surface. "Getting off the tracks" -- avoiding a charging assault. Caution: make sure the vertical surface you are using for this technique will remain vertical. (3) Focused Strikes o- Developed in cooperation with Shihan Miyuki Miura, Midwest Representative for the World Oyama Karate Organization, Inc. (a) When are active countermeasures appropriate? i) Why initiate - regain control. ii) When to initiate - your Volume 2 - Disk 2B(11/93) 31 Defensive Tactics, continued (b) department's use of force policy. iii) When to cease - when the level of resistance declines to a level that can be controlled by lesser control techniques (determined by subject's level of resistive tension). Types. i) Hand strike's. a) b) c) d) e) Reaction side hand strike vertical punch to the chin that is meant to stop forward momentum, make the subject bring up his hands and set up the next technique. Reaction side forearm strike to the body. Strong side hand strike - vertical punch to the body. Strong side forearm strike to the .body. Creating arm dysfunctions. 1). Tie in. 2). Biceps. 3). Triceps. 4). Mound of forearm. 5). Inner wrist. ii) Leg strikes. a) b) c) d) Reaction side front kick to the front of the subject's body from shin area to the lower abdominal area that is meant to stop forward momentum, bring down the subject's hands and set up the next technique. Reaction side knee strike to the lower abdominal area or legs. A strong side knee strike to the lower abdominal area or legs. A strong side angle kick to the subject's legs. Volume 2 - Disk 2B(11/93) 32 Defensive Tactics, continued iii) Combinations. a) b) c) d) e) f) Reaction side hand strike - strong side forearm strike. Reaction side forearm strike - strong side forearm strike. Reaction side hand strike - strong side hand strike. Multiple forearm strike overload. Reaction side knee strike strong side knee strike. Reaction side front kick - strong side angle kick. Multiple knee strike overload. (c) Target areas. (See graph) i) Propensity for control versus propensity for injury. ii) General target areas versus specific. targets. (d) Training sequences. i) Blocking forearm strike, and knee strike. ii) Reaction side hand strike and front kick. iii) Strong side hand strike and angle kick. iv) Combinations. v) Technique application. vi) Technique works - direct subject to the ground. vii) Technique jammed - shorten the stick. viii) Technique Doesn't work disengage and-or escalate° a) b) c) d) Multiple strike overload. Baton. Diffused strike. Firearm. (4) Diffused strike- an application of the brachial stun developed by Bruce Siddle. Volume 2 - Disk 2B(11/93) 33 FOR TARGET AREAS UNARMED STRIKE TECHNIQUES ) ::::::::::::::::::::::::::::::: ,, ::::::::::::::::::::::: PROPENSITY FOR LEGEND: -, ~._--,_-- .., L ~',~,,~ MINIMUM :':2~ HIGH INJURY NOTE: AREAS INDICATED ARE "ANATOMICAL APPROXIMATIONS'.' Defensive Tactics, continued Caution: the use of the diffused strike should be restricted to situations where "deadly force" is justified. "Behavior which justifies the use of deadly force is that which has caused or i---inently threatens to cause death or great bodily harm to you or to another person." (a) Theory - a non-focused strike applied with fluid shock waves to base of the neck (origin of the brachial plexus). (b) Level one (frontal) application. ±) ii) iii) iv) v) vi) vii) viii) ix) x) Initiate a defensive stance. Establish a "grappling position" verbalize. "Stabilize" the side of the neck. "Index" on the base of the neck verbalize. "Load" the arm 6 - 8 inches. "Apply" fluid shock waves to the base of the neck - verbalize. "Prepare. to direct" the subject to the ground. Direct the subject to the ground. "Stabilize" the subject on the ground -- verbalize. Be prepared to disengage and/or escalate. (c) Level three (rear) application. i) Initiate a defensive stance. ii) "Secure the head" - verbalize. iii) "Gently turning" the head with the hand stabilizing the chin. iv) "Index" open the base of the neck verbalize. v) "Load" the arm 6 - 8 inches. vi) "Apply" fluid shock waves to the base of the neck - verbalize. vii) "Prepare to direct" the subject to the ground. viii) Direct the subject to the ground. ix) "Stabilize" the subject on the ground -- verbalize. x) Be prepared to disengage and/or escalate. Volume 2 - Disk 2B(11/93) 35 Defensive Tactics, continued (5) Oleoresin capsicum (O.C.) aerosol, spray the state of wisconsin law enforcement standards board's executive committee placed O.C. Spray in the, force option continuum at the level of "empty hand control" after "active countermeasures." (this O.C. Spray training program was developed by the O.C. Spray subcommittee of the D.A.A.T. Tactical Advisory Committee in cooperation with Ed Nowicki, R.E.B. Security Training, Inc.) (a) (b) Purpose - to gain control of a subject who is exhibiting "active resistance or it's threat," O.C. spray is designed to temporarily disrupt the subject's ability to see and breathe effectively. Techniques. i) Verbal warning. ii) Hand on weapon. iii) Draw the weapon. iv) Load the weapon. v) Feint with the weapon. vi) Use the weapon. Note: when faced with an assailant armed with O.C. Spray or its equivalent, an officer may be required to make a deadly force decision." The following rationale was developed to assist an officer in making this decision: Officers trained in the D.A.A.T. Weapon Center; are instructed in "avoidance tactics" for reducing the necessity for using "deadly force" in weapon assault situations. Due to the incapacitating nature of this type of weapon, "deadly force" may be justified based on the officer's "reasonable perception of threat" that they may be placed in imminent danger of death or great bodily harm. This perception must be based on the "totality of the circumstances", including threat assessment opportunities, officer(s) / subject(s) factors, and special circumstances. If the officer perceives a weapon threat, the officer should utilize the "best weapon defense", i.e. (1) drawing Volume 2 - Disk 2B(~1/93) 36 Defensive Tactics, continued your firearm, (2) maintaining and/or creating distance, and (3) attempting to diffuse the situation with verbalization skills. It must be recognized that the "deadly force decision making" criteria must be met before the use of "deadly force" can be justified. 4. Intermediate weapon: impact weapon. Purpose - to impede, i.e. To decentralize a subject by striking the legs. Techniques. (i) (2) (3) (4) (5) (6) Verbal warning. Mand on the baton. Present the baton. Load the baton. Feint with the baton. Strike with the baton. 5. Deadly force: firearm. so Purpose - to stop the threat. Techniques. (1) Verbal warning. (2) Hand on the gun. (3) Draw the gun. (4) Point the gun. (5) Shoot the gun. c. Deadly force decisions. (2) Deadly force definition (source: state of wisconsin's law enforcement standards board's "a training guide for law enforcement officers - following guidelines for use of deadly force" - manual 2.1 (page 14, dated July 1985) "Define deadly force: Deadly force is the intentional use of a firearm or other instrument the use of which would result in a high probability of death. Behavior which justifies your use of deadly force is that which has caused or imminently threatens to cause death or great bodily harm to you or to another person." Imminent threat - the criteria for the use of deadly force. Volume 2 - Disk 2B(11/93) 37 Defensive Tactics, continued (a) (b) (c) Self-defense. Defense of another. defense of the community at large. (3) Attack theory- developed by John Desmedt of the U.S. Secret service. (a) Intent. (b) Weapon. (c) Delivery system. Note: 3a, b and c occur within the inner and outer limits of the attack. (4) Danger zones. (5) (6) (a) Unarmed - 10 feet. (b) Lever or edged weapons - 21 feet. (c) Firearm - line of sight unbroken by adequate cover. Prec!usion - have you eliminated any other reasonable alternative? Target requirements to be satisfied before using a firearm once a decision is made to shoot. (7) (a) Target acquisition. (b) Target identification. (c) Target isolation. Greater danger theory - exception to the target isolation rule. (a) Defense of other persons. (b) Self defense against lethal force. C. Follow-thru considerations. Stabilization ---> application of restraints, if appropriate. a. Handcuffing theory. (1) Handcuff nomenclature (see chart). (a) Rachet teeth. (b) Single strand. (c) Rivet. (d) Double strand. (e) Lock housing. (f) Key hole. (g) Double locking mechanism. (h) Locking spring. (i) Swivel. (j) Chain. Volume 2 - Disk 2B(11/93) 38 Defensive Tactics, continued (2) Handcuffing critical tasks. (a) (b) (c) (d) (e) Attempt dialog. Stabilize subject. Handcuff subject then double lock. Monitor then search subject. Safely release subject. Remember: stabilize the subject / scene and then handcuff. (3) Handcuff application. (a) Placement on equipment belt so it is available to the right hand. (b) Handcuffing nomenclature. (c) How to "load" handcuffs.. (d) How to hold handcuffs. (e) Placement on wrist - handcuffing groove. (f) Pressure - touch then push. (g) Tightness - just snug. Note: restraints should be checked for proper fit after application and on a regular basis thereafter. Complaints~ about the handcuff~ being on too tight should be immediately addressed by checking the handcuffs. Remember that if the restraints are checked initially, there will be less likelihood of a problem later in the process of loosening handcuffs during prisoner escort/transportation is extremely dangerous and should be done only with the highest security considerations. (material provided by Michael A. Brave and John C. Peters, Jr. From an article that appeared in "The Police Chief" entitled "Liability Constraints on Human Restraints"). (h) Always handcuff behind the back, except with special restraints that attach the hands to the body. (i) Always double lock handcuffs as soon as it is "tactically feasible" to do so after application on and then "check" them. The "snugness" of the handcuffs should) be checked at the point where they are most snug wkich is usually on the tkumb and little finger side of the hand. (j) Remember that handcuffs are temporary restraining devices only. Keep a close watch on your Volume 2 - Disk 2B(11/93) 39 Defensive Tactics, continued (k) prisoner. Follow universal precautions in dealing with restrained prisoners to include the decontamination of equipment, if necessary. Tactical handcuffing - dealing with the cooperative subject. Modified from a system developed by Jim Marsh of the Chicago Police Department. (1) Tactical handcuffing procedures: (a) Verbalize. (b) Secure (the right hand). (c) Touch. (d) Push. (e) Ratchet. (f) Flip. (g) Secure (the left hand). (h) Touch. (i) Push. (j) Ratchet. (k) Stabilize (rear escort hold). (1) Verbalize. (2) Tactical unhandcuffing procedures: (a) Verbalize. (b) Remove (the left handcuff). (c) Verbalize. (d) Stabilize (the left hand). (e) Flip (the handcuff counter- clockwise). (f) Move (to the right). (g) Remove (the right handcuff). (h) Verbalize. (i) Stabilize (the right hand). (j) ' Verbalize. (k) Disengage safely. Compliance hold handcuffing - dealing with passive and active resistance. (1) Multiple officer handcuffing procedures. (a) Emergency handcuffing. i) Decentralize subject and "stabilize" him/her against some object. Volume 2 - Disk 2B(11/93) 40 HANDCUFF NOMENCLATURE Double Strand Single Teeth ,~inglned on Single Strand. tra -..~.....--..~ [ Z~] Double o Key Hole ,/ ,~'Locking Lock Pin o- -~/ ~ ~ "~Teeth ;:~ ~~-~ ~, Locking ~'.-:~ ~,~Swivel "~,. ~ Spring ~, ~ '~N LOCK ,y . ___~ Housing Hinge Rivet design I~ illus. k~. 1986 K.E.Kieth Defensive Tactics, continued Note: the "stabilization" is best accomplished using "dead weight" techniques on the subject's appendages when dealing with a resisting subject. Avoid lying on the subject's chest to avoid medical complications. Caution: The process of "hog-tying" a prisoner or placing them in a position that hampers their respiratory functions should be avoided because of the medical complications that can occur. Remember that if a prisoner can't or won't walk to the normal, transport vehicle, medical transportation by ~urney in an ~mhulance usually eliminates the need to "hog-tie" the prisoner based on his/her extremely violent behavior. In addition, the presence of emergency medical service (E.M.S.) personnel provides professional medical assistance to the prisoner, if medical, complications do arise. If the prisoner is experiencing a severe medical, problem, such as unconsciousness, the right transportation vehicle is a medical transport. ±±) Secure subject's appendages in the following sequence: a) Arms. b) Head. c) Legs. (b) iii) Stabilize subject using rear escort holds. iv) Handcuff subject. Three (3) officer unhandcuffing techniques. (2) i) Stabilize subject on a wall using rear escort holds. ii) Take the handcuffs off. iii) Rotate the subject's arms from rear escort holds to forward compression holds. iv) Issue verbal commands. v) Disengage safely. Single officer handcuffing procedures. (Optional for correctional personnel) Volume 2 - Disk 2B(11/93) 42 Defensive Tactics, continued (a) Standing single officer compliance handcuffing procedures. i) Handcuffing. a) b) c) d) e) f) g) h) i) Blanket. Escort position. Come-along. Stabilize other hand. Handcuff first hand. Rear compression hold. Handcuff second hand. Stabilize subject. Verbalize. ±±) Unhandcuffing procedures - utilize the three (3) officer unhandcuffing procedure. Note: the three (3) officer unhandcuffing procedure may be done with less than three officers, if appropriate / necessary. Remember however, that the best indicator of (b) Future conduct is past conduct. Don't relax just because an uncooperative subject suddenly gets cooperative. It may be a "set up." Prone single officer compliance handcuffing procedures. (Optional for correctional personnel) i) Handcuffing. a) b) c) d) e) f) g) Establish a three point position. Stabilize the free hand. Handcuff the right hand. Order the left hand back. Handcuff the second hand. Stabilize the subject. Verbalize. Unhandcuffing utilize the three (3) officer unhandcuffing Procedure. Monitoring/debriefing procedures. volume 2 - Disk 2B(11/93) 43 Defensive Tactics, continued Calm yourself and your partner. Calm subject. initial medical assessment. (1) (2) (3) (4) (5) Determine level of consciousness. Check abc's (airway / breathing / circulation). Perform body check. Treatment to level of training (activate the E.M.S. if appropriate). Continue to monitor subject. Note: why is it so important to provide for a prisoner's medical, needs: o Moral thing to do. Legal requirements. Defense against charges of brutality. Determine authenticity of the subject's injuries. Then: d. Reassure subject· e. Rebuild subject's self esteem. Note: remember to be a good winner - "good winners" end up with fewer prisoner complaints. 3. Searching procedures, if appropriate. C · Contagious disease considerations. With prisoners in custody, search when you accept / leave in non-sterile area at turn over. Search from rear. Be thorough / systematic / top to bottom. Look before touching. Watch for weapons sharp objects instruments of escape. How to search:feet spread knees bent / inner blade of the hand positioning. Areas most often missed: outer garments/hair/ mouth/collar/small of back/waist band/ armpits/ breast area/ lower abdominal area/crotch area/ buttocks/behind the knees/up the sleeves bottom of feet. Searching subjects of the opposite sex. Maintain a professional, demeanor. 4. Escort procedures, if necessary. a. Maintain level 2 1/2 position. Volume 2 - Disk 2B(11/93) 44 Defensive Tactics, continued After handcuffing, avoid not touching: flight/falling/fight. Hand on arm/compression hold/compliance hold. Multiple officer escort tactics. 5. Transportation procedures, if necessary. Check on prisoner's background / threat level. Safe placement in and out of squad. Remain alert. Watch the prisoner. Watch for suspicious actions. Remember when most escape attempts occur - near the end of the transportation. 6. Turnover ---> removal of restraints, if necessary. so Search the prisoner again - it's better to find your own mistakes. Don't relax too soon - many officers are assaulted in the presence of other officers. IV. SI~TION - BUT WILL THE TECHNIQUE WORK? A. Development of low level simulation drills. Note: low level simulations are the "walk thru" level drills designed to "sequence" skills. These simulations are generally static in nature of else performed with movement but at a very "slow for form" pace. The subject offers no resistance unless directed to do so by the instructor. 1. Verbalization skills. Presence. Dialog. Verbal direction. Coordination. Debriefing the subject. Justification. 2. Initial resistance to control. a. cover. b. Approach. c. Dialog. d. Blanket. e. Escort position. f. Come-along. 3. Passive countermeasures options. so Decentralization from the ready position. Decentralization from escort position. Volume 2 - Disk 2B(11/93) 45 Defensive Tactics, continued Decentralization from come-along. Decentralization from grappling position. Active countermeasures - Use of basic techniques on the large training bags. Development of middle level simulation drills (use the three person team concept for safety and instructional purposes). Note: these simulations often involve the use of the "training bags" and other equipment such as handcuffs, etc. These simulations can be either "static" or "fluid" in nature as directed by the instructor. These simulations often progress from "by the numbers" to "slow for form" to "full, speed and power" intensity. 1. Active countermeasures options. a o Defend - to guard against assault. Distract to take a subject's attention off a specific body part. Stun - to disorient a subject by applying "fluid shock waves" to the upper body. Impede - to decentralize a subject by striking the subject's legs. Stop - to cause the immediate cessation of a subject's ability to assault another person. 2. Relative positioning. a. Direction. b. 'Height. c. Multiple subjects. 3. Structural simulations. a o Multiple level situations. Multiple positioning. Close quarter situations. Low light situations. Dealing with obstructions. 4. Fluid - foot pursuit with sudden assaults. 5. Bracketing drill simulations. C. Development of high level simulations. Note: high level simulations usually involve the use of protective equipment worn both by the "demonstrator" and any "officers" involved in the simulation. Dynamic movement and the intensity level of any simulation must be closely monitored by the instructor in order to minimize the chance of injury to the participants. Volume 2 - Disk 2B(11/93) 46 Defensive Tactics, continued Developing high level simulations. a. Problems· (1) Bear hugs. (2) Choking. (3) Spine strikes. (4) Too many officers. Describe protective equipment. Describe safety requirements. 2. Two (2) officer escalation drills. Verbalization drills. Escort hold drills. Compliance hold drills. Decentralization drills. Active countermeasure option drills. Sudden assault drills. Impact weapon drills. Weapon control drills. 3. Importance of simulation ao Do The need for simulation training the dynamic application of technique can't be tested in the "static"mode. Simulations should be developed utilizing the seven "simulation classifications": (1) Shadow training. (2) Prop training. (3) Partner training. (4) Dynamic movement training. (5) Relative positioning training. (6) Environmental factors training. (7) Protective equipment training. The officer must be able to make the mental and psychological, "transition" from the classroom to the "real" world. The final test. (1) (2) (3) Is the officer able to verbalize under stress? Is the officer able to perform the techniques under stress? Is the officer able to choose the appropriate force option under stress? V. ARTICULATION - THE JUSTIFICATION OF THE USE OF FORCE. ao Control theory" The difference between a criminal act and proper police action - justification. volume 2 - Disk 2B(11/93) 47 Defensive Tactics, continued CRIMINAL ACT PROPER POLICE ACTION Disorderly conduct Assault Battery Aggravated battery Murder Dialog Control techniques Countermeasures Impact weapon Firearm B. The purpose of defensive tactics training control. C. The definition of control - subject management. The definition of the principles of subject control - a system of verbalization skills coupled with physical alternatives. The ultimate justification - control is a perception based on training and experience, and the fact situation. New supreme court standards - the doctrine of "objective reasonableness." Note: increased emphasis on being able to explain the "reasonableness" of your actions makes it even more important for you to understand the "classroom model" because "you need to understand the theory so you can survive in the reality and not end up in B.S.L." 2. Levels of responsibility. Command staff. First line supervisor. Line officer. o Liability protection - this concept was developed by Lt. Richard Krizan of the Milwaukee County Sheriff's Department. "Under the color of law." "Good faith." Policy / training / discipline. F o You can always disengage and/or escalate in order to take proper police action. 1. Proper police action graph. Misconduct Omission Proper police action Misconduct Commission o What is proper police action? a. A balance of safety and efficiency. b. How much risk are you willing to take? Volume 2 - Disk 2B(11/93) 48 Defensive Tactics, continued Before you get in too deep, ask yourself what am I doing here? Captain dick ovens of the new york state police asks these questions: (1) Are you winning? (2) Is this worth dying for? Use of force report writing (see checklist) - developed in cooperation with Charles Remsberg and Dennis Anderson of Calibre Press, Inc. 1. The importance of articulation. Explaining why you did the right thing. Educating the jury to the realities of the use of force. 2. Why you should tell the truth. ao Moral thing to do. Legal requirements. Other considerations. (1) Officer(s) cannot maintain a lie. (2) Physical evidence. (3) Witness' testimony. (4) Personal past practice. 3. Evaluation process. Justification i.e., duty assignment, reasonable suspicion and / or probable cause. Tactical, evaluation of situation. (1) Threat assessment opportunities. (a) Level of resistive tension. (b) Early warning signs. (c) Pre-attack postures. (d) Dealing with an e.d.p. (e) Weapon control. (2) Officer(s) / subject(s) factors. (a) Number of participants. (b) Individual factors. i) Age. ii) Sex. iii) Size. iv) Skill level. (3) Special circumstances - can the officer skip steps in the escalation of force? 'Volume 2 - Disk 2B(11/93) 49 Defensive Tactics, continued (a) Officer's reasonable perception of threat. (b) Sudden assaults. (c) Your physical positioning. (d) Subject's ability to escalate force rapidly. (e) Special knowledge about the subject. (f) Officer's injury/exhaustion. Remember: your report is your version of what happened. Many people will read it. Quote the subject directly. If possible. Be chronological and show the "totality of the circumstances." articulate the steps of escalation that lead to the highest force option utilized. Detail the debriefing and care to the subject after control was effected. State your perceptions at the time of the occurrence based on your training and experience. Volume 2 - Disk 2B(11/93) 50 Defensive Tactics, continued STANDARD REPORT EVALUATION FORM REPORT WRITER'S NAME: PLEASE REWRITE T~ ATTACHED REPORT BECAUSE IT DOES NOT MEET THE REPORT WRITING STANDARDS NOTED BELOW. RETURN BY: qr~w~VISOR: ACHIEVES T~AINING STANDARDS: YES NO N/A 1 YES NO N/A 2 This report is typed, printed or handwritten legibly and neatly. This report's opening sentence contains the officer's "when, who, where, what" information. YES NO N/A 3 Most of the report's sentences are written in the subject- verb-object structure (Declarative Sentence). YES NO N/A 4 YES NO N/A 5 YES NO N/A 6 This report is complete in terms of when, who, what, where, why, how. All the dates in ~his report contain a day of the week, month/day/year and time of day is in military time. This report is written in the first person. YES NO N/A 7. Identifications and descriptions of people, property, and vehicles are complete. YES NO N/A 8. YES NO N/A 9. Addresses and locations are .complete. The narrative flows in chronological order. YES NO N/A 10. YES NO N/A 11. All required boxes and blanks are filled in. All sentences are complete sentences (at least a Subject and a verb). YES NO N/A 12. YES NO N/A 13. YES NO N/A 14. YES NO N/A 15. YES NO N/A 16. YES NO N/A 17. YES NO N/A 18. YES NO N/A 19. Statements are quoted exactly, if possible, or at least paraphrased as closely as possible to the original. Abbreviations are avoided, whenever possible. Avoid specialized terminology or provide an explanation, whenever possible. All conclusions are supported by facts. This report is "easy on the eyes" (frequent paragraphs, adequate white space, indentations, and margins). Exhibits are attached (written statements, photographs, sketches, supplemental reports, receipts, inventories, etc.) Locations are provided for all original exhibits, physical evidence, and property taken into custody. The grammar, spelling, punctuation, and word usage in this report are acceptable. SUPERVISOR'S COMMENTS Volume 2 Disk 2B(11/93) Defensive Tactics, continued Volume 2 - Disk 2B(11/93) 52 Defensive Tactics, continued ACTIVE COUNTERMEASURES INSTRUCTIONAL (ACME) SYSTEMS USE OF FORCE DOCUMENTATION CHECKLIST I. BACKGROUND INFORMATION. A. Day/date/time: B. Location/address/specific area: C. Officer(s) involved: D. Subject(s) involved: E. Witness(es): II. APPROACH CONSIDERATIONS. A. Decision making -- why did you initiate contact, i.e. justification and desirability? 1. Dispatched/duty assignment/uniformed? 2. Reasonable suspicion. 3. Probable cause. 4. Other reasons. B. Tactical considerations -- how did you approach? 1. Control of distance. 2. Positioning. 3. Team tactics. C. Tactical evaluation -- what were your perceptions. 1. Threat assessment opportunities? a. Level of resistive tension? Explain. b. Early warning signs? Explain. (1) Conspicuously ignoring. (2) Excessive emotional attention. (3) Exaggerated movement. (4) Ceasing all movement. (5) Known violent background. Pre-attack postures? Explain. (2) (3) (4) (5) Boxer stance. Hand set. Shoulder shift. Target glance. Thousand yard stare. Volume 2 - Disk 2B(11/93) 53 Defensive Tactics, continued d. Subject apparently "emotionally disturbed", i.e~ mentally ill, under of influence of a drugs and/or alcohol, or is obviously in crisis and out of control? Explain. Weapon threat assessment -- what weapons have y~ brought to the scene? What weapons has the subj~ brought to the scene? What other weapons are available? Explain. What were the officer(s) / subject(s) factors? Number of participants? Individual factors ? Officer (1) Age. (2) Sex. (3) Size. (4) Skill level. Subject 3'. Were there any special circumstances? Such as: Your reasonable perception of threat. Sudden assault. Your physical positioning. Subject's ability to escalate force rapidly. Your special knowledge about the subject. Your injury or exhaustion. Other special circumstances. III. INTERVENTION OPTIONS / SUBJECT'S OFFICER'S A. Presence. B. Dialog. C. Empty hand control. 1. Escort holds. ( 2. Compliance holds. "' 3. Passive countermeasures. 4. Active countermeasures. 5. Other techniques, i.e. Oleoresin capsicum (O.C.) aerosol spray -- the criteria for use of d.c. Spray is active resistance or its threat. Note: The use of any force option is dependent on the presence of threat assessment opportunities, officer/subject factors and special circumstances. Do Intermediate weapons. Deadly force. Volume 2 - Disk 2B(11/93) 54 Defensive Tactics, continued Summation of what happened in chronological order... IV. FOLLOW-THRU CONSIDERATIONS. A. Stabilization application of restraints, if appropriate. B. Monitoring/debriefing procedures. C. Searching procedures, if appropriate. D. Escort procedures, if necessary. E. Transportation procedures, if necessary. F. Turnover ..... > Remove restraints, if necessary. Additional comments... INVESTIGATIVE FINDINGS. A. Background information. B. Medical/psychological history. C. Booking information. D. Post-booking information. E. Other information. DEFENSIVE AND ARREST TACTICS FORTY (40) HOUR BASIC LESSON PLAN Note: this basic defensive tactics program is designed to be instructed in a forty (40) hour time frame. This was done to bring the officer up to the point of "initial qualification." A. Defensive and arrest tactics (twenty hours). 1. Theory (three hours). a. Introduction to defensive tactics. b. Control theory. c. Use of force documentation. 2. Psycho-motor skill development (three hours). Vo VI. o Wellness evaluation. Mental conditioning. Tactical warmups. Body mechanics. Techniques (ten hours). Volume 2 - Disk 2B(11/93) 55 Defensive Tactics, continued a. Approach considerations. b. Intervention options. c. Follow-thru considerations. 4. Simulations (two (2) hours). a. Verbalization skills. b. Initial resistance to control. c. High level control tactics. d. Handcuffing simulations. 5. Testing procedures (two (2) hours). a. Written test. b. Verbalization skills test. c. Physical technique test. d. Simulation test. B. Oleoresin capsicum (0.C.) aerosol spray (four hours). 1. Theory. a. Criteria for use. b. Deadly force decision making considerations. 2. Psycho-motor skill development. 3. Technique. a. How to carry, draw, use, and holster weapon. b. Tactics for applying O.C. Aerosol spray. c. Weapon control tactics. 4. Simulations. 5. Testing procedures. C.Impact weapons (twelve hours) 1. Theory (one hour) 2. Psycho-motor skill development (one hour). 3. Techniques (six hours). 4. Simulations (three hours). 5. Testin9 procedures (one hour). D. Weapon control (four hours). 1. Theory. Volume 2 - Disk 2B(11/93) 56 Defensive Tactics, continued Officer safety considerations. Deadly force decision making. Hierarchy of dangerousness. Levels of threat. Weapon control classifications. Physical defense options. 2. Psycho-motor skill development. 3. Technique. 4. Simulations. 5. Testing procedures. VII. SYSTEM DESIGN A. The defensive tactics instructor as a control system analyst. B. What does your specific department need? Use of the lesson plan as a core program to be modified to your needs. D. Remember: 1. Teach concepts - not just a series of techniques. 2. Build for error - make the techniques yielding. o An instructor must know why. The line officer must only know what to do, when, i.e. What specific techniques are authorized or the reason for deviation and when to perform the specific force option based on'training and experience and the fact situation. Once a force response is evaluated as being reasonable, let the instructor explain why a specific technique was chosen over another being either: "Trained," or "A dynamic application of technique" or "Not trained but justifiable under the circumstances." VIII. Testing procedures A. Why? 1. Determine competency (quality). 2. Court defensibility (quality). Volume 2 - Disk 2B(11/93) 57 Defensive Tactics, continued B. How? 1. 2. 3. 4. 5. Co Written test· Report writing test. Verbalization skill test. Physical checklist test. Simulation test. Instructor assignments. 2. 3. 4. Instruct a portion of the program. Training binder personalization. Lesson plan documentation assignment. Creation of a lesson plan assignment. Ce Do CONCEPTS FOR CONFRONTATIONAL SIIBJECT MANAGEMENT Center theory - appropriate tension: "Where you are." Creative response to unexpected behavior theory - because "everything is not the same," an officer should develop concepts, not techniques, so that his/her application is not limited. Decentralization theory - a theory that can be explained in terms of: 2. 3. 4. Bring to your center Take out the slack. Roll the ball. Movement along an arc in order to direct a subject to the ground. Desensitizing theory - becoming used to striking and being struck. Displacement theory - increasing power through body movemen~ Fighting spirit theory - a theory that explains that in order to win, one must never give up. High guard theory of blocking - by keeping you hands up, you can prevent getting hit by an unarmed assault. i. Intensity theory - a technique has to be performed at 100% in order for it to be most effective. Volume 2 - Disk 2B(11/93) 58 Defensive Tactics, continued Overload theory - multiple strikes to a specific location is the best application of striking techniques. Penetration theory - use of fluid shock waves (striking through the object to obtain the best effect from a striking technique). Power steering theory - a means of obtaining maximum results with minimum effort. Relative positioning theory - a description of the relationship between one person's body and another. Mo Resistive tension theory - the evaluation of potential resistance in a subject's body. No Rolling the ball theory - causing movement from one's center by taking out the slack. Shortening the stick theory - decreasing the length of one's arms or legs to increase power development. Po Stabilization theory - to maximize control of a subject's body before continuing with the handcuffing procedure. Stunning theory of control - disorienting a subject by disrupting the cardiovascular system and/or mental process. Re Sustained momentum theory - the rapid application of multiple techniques in order to overcome resistance. Se Taking out the slack theory - removal of flexibility from the joints through pulling, twisting or rolling. Variable distance theory - striking techniques are more effective if their striking distance can be extended by lengthening or shortening the length of the arm or leg while still delivering good penetration. Volume 2 - Disk 2B(11/93) 59 IOWA LAW ENFORCEMENT ACADEM'Y Felea ' Calls - Crime tn Progress Course Description: This course is designed :o acquain: =he prospec:ive police officer wi:h :he general :actlos and onher concerns when answering low, medium and high risk calls.for services. Particular az:enzion will be given to high risk calls and building search procedure. CRIMES IN'~ROGRESS~ C~nera! Considera:ions. A. In:roduczion l. Many differen: circumstances can co:fro:: an officer a: :he scene of crime in progress. b. Most calls can be adequace!y handled by applicazion of Common sense. Ce.~:ain basic principles. Some sim~le techniques. B. Communications. Most crime in progress will come in by =e!ephone or alarm. 2. The dispa:chers role is most impor:L~: Try :o keep the paruy on the line long enough to exzract data regarding the following: i)' Where (address =o closes: location) ii) Nazure of suspeczed activi=y iii) How many people may be involved iv) Can they provide a description v) Vehicle 2~volved vi) Weapons ~volved vii) Does susp~c: know he has been spo::ed? 1' ~ --' Contact appropriate information. officer and give known C. Officer Response .Regular beat car is normally used as the primary. first unit for in progress calls. Back up unit, if necessa_~y, should proceed to the scene. o Other units should assign ~hemselves or station themselves in positions where they might intercept a fleeing suspect. Units closer to the scene should advise the dispatch and be substituted for the primary unit. i) Originally assigned unit then becomes the backup. Turn off radar unit. D. Route Suggestions The objective is to arrive as quickly and safely as possible. A fairly direct route should be used, but approach the vicinity on parallel or side streets, as much as possible to avoid lookouts. 3. Distance ~o be traveled l) surface street freeways, highways, etc. 4. Traffic situation in area 5. Time'of day 6. Condition of the route 7. Best approach direction 8. Cri=icalit~ of situation The decision =o use siren and lights must be made on the basis of the following factors: i) Distance from scene. Volume 2 - Disk 2A(11/93) Felony Calls, c~nninued '~ ii) Amounn of ~raffic. iii) Adequacy. of horn and occasional red light to clear immediate route. iv) Need ~o halt an on-going physical assault by warning the assailan~ of police approach Siren should normally be used as little as possible to avoid frightening off the suspect. Be aware of departmental policy and state law with regard 5o use of !igh=s and siren. F. Approaching the location !. Be alert for possible suspects. o Attention should be given to the vehicles and pedestrians leaving the area. 3. if necessa.-v to shoo a uotentia! susuect Notify appropriate people. Get backup if necessary. If a stop is no~ 'justified due to circumstances (!) . Jot down license plate, description and notify adjutant cars. Extreme caution should be used in approaching and deploying at the scene· G. Arrival at Location: If used, shut off lights/siren at least 1/2 to 1 block away - siren perhaps even fur=her away. Cut headlights (check depar=menta! policy) The' primary responsib'ility~Of":'~he.':':'~i'~'-a~ car is t~~ try to contain' =he incidents. This 'entails command responsibility~ development. Of'.'..perso'nnel'~and determining-~ additional assi-s=ance~ H. Command.:'.Responsibitities~ i) For development of a flexible plan. ii) For the execution of plans. iii) For con=rol!ing ~he incident. Volume 2 - Disk 2A(11/93) 3 Should' res~ ~ With -' ~he ' unit.. firs~ receiving ands, responding to the call until.. relieved by-a higher Felony Calls, continued v) - crime scene protection. o Deplo.vmen~ l. Ideally one should try to cover diagonal corners for containment. o Deploymen~ may vary due to physical and personnel limitations. J. Assistance for additional Equipmen~ and Personnel 1. i~ is difficul~ uo effectively handle all situations by oneself. M..e. dium?and High o f ;:::.two -.officer~. Those who work by =hemse!ves should have arrangements with other assistance from off duty personnel or other jurisdictions. Ii. ROBBERY IN PROGRESS CALLS When caught in =he commission of crime or in the act of nrying ~o escape, =he criminal can b~ excreme!y dangerous to the officer and vicUims and bysuanders au ~he scene. B o Officer dea=hs on robbery calls - 11 to 2! percent of the annual police death =o11. Reaso~ for occurrence Mos~ alarms are unfounded. (Nationally 95% of all alarms are false.) 2. Officers !e= their guard down to soon. Volume 2 - Disk 2A(11/93) 3. if verified, officers may u=ilize a crime figh=er response. The officer should not rus~{ in' .h~'pHa~-ardly .bu~ s'hould.~ Felony Calls, continue~ Criminals have needlessly wounded and killed officers and have been allowed to escape because of a bad approach. E. Scene Approach and Deployment: The officer should approach the scene unobserved and park ~ke vehicle where it will not be seen by suspects. Danger is greatest time of arrival. By knowing qeographical layout of the area, the officer will try. to achieve the surprise desired. Do not use light and siren Turn off radar Ideally a robbe_~y response should be prep!armed and prerehearsed. Nine out of 10 hostage incidents in the United States occur because o~ visibility. i) When a hostage is taken, a whole new set of problems occur. 'Basi~rule..,of~robbery,~respor~s~s~.~Do"Nc~" -~he Yobbery.loca=ion"'initially.'~ i ) There ~'are - '~W~o' s the .o.ffender~' --3~How~ .'many are. F. ~eri~i-=a=io~ Tel~Dhone.'verifica~ion'is ~he~ost- useful~~ Use a non-recorded lane and a code system so not =o aler~ suspect. Determine IF: robbery is s~ill in progress. robbery concluded suspec= gone. false alarm. do not be fooled by appearance. G. False Alarms: Maintain low profile if a false alarm is verified. Have a manager or perso,he! at the location approach you at a position of cover. Volume 2 - Disk 2A(1!/93) 5 Felony Calls, continued 3. If no response, maintain cover and assume ~ha~ robbery is still in proqress. ~, ~.:.~yOU~": :dan~".CTM. · ........., .......,.. ,. ........... ....... .........~ Ho Robbery over - Suspect Gone: 1. Maintain low profile until verification that suspects are gone has been received. 2. Have personnel from robbery location meet with officer who remains at cover. If no response, maintain cover and assume robbery is still in progress. o If suspect has fled prior to arrival, use as many officers as necessary to protect crime scene and obtain the information for initial supplement broadcasts. Robbery Still in Progress: 1. If not in a protected position at the moment of confrontation, i) Tacuica!l¥ retreat to cover. If deployed, the officer must consider the following: ao b o Are the problem areas and areas of responsibility with which the officer is in charge, within their ability to control? Is the officer out numbered, out gu~.ed? c. Are there innocent bystanders? o Volume 2 - Disk 2A(1!/93) d. Hostages? e. Always anticipate at least one more offender then you see% Entering the area ,risks..'a.::.~ShO,OtOUt with danger =o~i.~ bystander~. i) Di~ic~'.!~.uto. dis~ing~isk-~be~een Suspects an'~ -bysc~der~ · _. Fei~. Calls, continued The best place for confirma=ion may not be immediately upon exit of the suspect depending on ~he above factors. III A. Approaching the location 1. Have a plan of operation. Must be flexible (plan ahead while bea~). i) Circumstances change C · Continually improve upon. (What you'l! do - What your partner will do). Provide coordination between partners and other units. Officer should get to the scene quickly, quietly, and safely. a. Do not use red lights or siren near location. b. Turn off headlights before final approach (when safe) Slow speed on final approach to eliminate tire squeal and engine noise. d. Turn radio volume down. e. Don'= rat=le car keys or lqose objects. f. Don't slam doors - close them quietly. Dome or other interior light function when doors are opened· should not ~Firs= .officer' a~ ~sce~e'. should buildings~ (entry'is .us'~'a11~~ a=' 'rear) Don'= leave keys in patrol car ignition. rear-.o~ "arrived and is Volume 2 - Disk 2A(11/93) :. Shou!~ park away from building where rear of buiId'~,ng can easily be observed until back up officer advises he/she is at the front. 7 Felony Calls, continued o Vehicles parked at or near location. I) Warm hood, etc. b. Boxes, trash bins, stockpiles. c. Trees, hedges, shrubbery. d. All places of possible concealment. o .Search for point of entry~ Doors, transoms, and windows !) Pry marks 2) Glass cut or broken Dust disturbed on.window ledqe Cobwebs 5) Open doors or windows b. Tunnel job !) Do not walk or stand in front of windows. Be careful not to siihouet~e yourself or your partner. 3.)~.." ~ 'One' officer. covers, .~-the .othe~ 'se~rches'~ Use wall for protection when looking into window or ~rying =he door. After checking the interior from the window, cross under the window and check from the other side. 6) Use f!ash!igh~ properly and cautiously. 7.) 'If. point.'.of en~.ry. 'is --. located, not!~.~ dispatcher ~.~and other i unit~. 7. Search of roof Volume 2 ~ Disk 2A(1!/93) Access to roof sometimes difficult. May need ladder -- if none available consider, calling fire department. Cover officers ascending roof. Notify o~her personnel regarding the officers on roof. 8 Felony Calls, continued Searching officer shcu!d check: Adjacent roof. Sign boards. Air vents. Any other place of concealment. e. Advise officers on ground of conditions. Use extreme caution and make use of natural cover. if entry hole is discovered, it should not be approached. 1). Advise other officers and watch hole from vantage spot. IV. 9-ROWLER CALLS (8.24.0) A. Prowler calls - Introduction 1. Prowler calls received. are among =hose most commonly a) Because percent of prowler calls resulting in arresus is small, 9~ficers ~m. ust guard againsr~ cp~mP. 1 ac.en~c~ .~ b) Reporting parties usually extremely frightened and will sometimes arm themselves. c) Suspect may be burglar, sexual ps¥chopath, peeping tom, drunk relieving self, jealous suitor, ex-husband, pe~ty~hef~ suspect, neighborhood boy taking shortcut, animal, tree limb nabbing agains~ side of residence, etc. Vehicular response to prowler calls a'l Good know!e~e of the area is of value? 3) Allow officer to approach a~ right angles =o residence of caller. By ~urning at last intersection neares~ scene, the officer can largely avoid signaling his/her approach ~o prowler. Knowledge of area permits quiet, also possible blacked out approach (car lights off, if safe). b. When necessary, check house number Check numbers on opposite side of snreet (use flashlSgh=). Volume 2 - Disk 2A(11/93) 9 Felony Calls, continued 2) 3) Check for curb numbers -- light less conspicuous. Numbers on other blocks may be in same relative position and help give clues to location of victims address (can use parallel street to find block number and also approximate location of address). c. Nearing scene, the officer should !) 2) 3) 4) 5) Reduce sueeds to eliminate tire squeal and motor noise. Coast to a stop. Avoid manhole covers. Turn radio down -- avoid excessive noise. Avoid overshooting address. e o if officer overshoots address, he should roll past -- should not back up. Interior lights should be switched off at night -- not function when door is opened. Car doors should be opened and closed quietly. Other responding .units should be advised of officers location, then coordinate their deployment. 1) Backup units should be deployed to cut off natural escape routes. 2) Work suppor~ to back of area. h. Containment of the area is important. The primary. or first officer a~ location should contact the reporting par~y as soon as possible a. To advise of officers presence. b. To obtain details, information, descriptions, direc=ion of flight, e~c. Volume 2 - Disk 2A(11/93) Search of =he scene a. Officer should move quickly and quie=!y. 1)Keys should be ulaced in pocke~. Avoid walking o~ qr_ave!~l 3) S~op, !is~en, and watc~ for ac~ivi=y, e.g., barking dogs. '~ FeLony Calls, continued !) Look for footprints or signs of attempted entry. 3) Walk in shadows. 4) Officer should avoid silhouetting himself/herself. 5) Use flashlight away from body (prowlers eye will be accustomed ~o darkness). 6) Hold flashlight at side opposite guru hand. 7) Use flashlight on grass (if wet with dew) from an oblique angle. a) May reveal footprints -- show path suspect. b) May reveal exit or hiding place. c) May verify existence of suspect. 8) Watch for clo~hes!ines, garbage c~ns, and dogs. 9) Carefully examine trees and shrubs. !0) Check vehicles in area for warm hoods. i!) Note ~hings ou~ of place. 12) Look for signs of attempted burglary or evidenc of sexual psychopath. c. After yard search is 'completed, ~he backup or second officer should search neighborhood and surrounding area for possible suspect. 5. Interviewing complainan~ Obtain description and direction of flight, then radio description. Two-man car can make show of leaving -- one man hides and watches area for five or ten minutes. c. One-man car can sneak back and s~ake out.. Officer shouId advise comp'!ainan= that he/she will check residence as much as possible during ~he remainder of his/her shift. Officer should drive by occasionally and shine spotlight on ~he residence and yard. If unfounded, the officer should not ridicule comp!aina~, but assure him/her that he/she wou!~ rasher investigate instead of allowing a tegitima~ comp!ainn to go unanswered. Warn complainant if careless with curtains or shades. Volume 2 - Disk 2A(11/93) Felony Calls, continued Advise complainant what to do in the event the prowler returns. i) 2) 3) 4) Prowler should not be alerted that the person is aware of his/her presence. Lights should be left on. Telephone law enforcement agency (out of view, if possible). Be certain to clearly repeat address, etc. v. DOMESTIC/CIVIL DISPUTES: A. Response 1. Information useful prior to arrival. ~) What is relationship of the complainant? ii) Is any one injured? iii) Has there ever been previous contac~ with the police? iv) Are there weapons involved? v) Are there other weapons on the premises? vi) Has anyone been drinking? vii) How many people at residence? B. Other Considerations 1. Try to employ a silent approach to Uhe residence. i) This may be mitigated if an assault is in progress. 2. Park somewhere besides the driveway. i) In any case do not park at residence waiting for back-up. 3. Upon approach use the back door. Check the windows for any activity. If possible s~and on one side of %he door or the other depending on which way the door opens· If one of the parties is going to leave, escor~ the leaving par~y if they wish to ge~ a coat or t~ke something with them. C. Arres~ Do not rush your arrest unless imminent. -' a threat is Volume 2 - Disk 2A(11/93) 12 Felony Calls, continued 2 Be aware c= the facu ~hat the necessa__,y support the arrest. victim may not The decision to arrest may be known immediately, but wait until the situation gives you the best chance of implementing a hassle-free arrest. D. Departure The officer exposed to the greatest amount of risk should withdraw first. Do not ckrea~en the suspect with arrest if you have ~o come back. 1) They may be ready for you the next stop. C o Listen for trouble as you walk away to see if situation will re-escalate. d. Cover each c~her as you return to your car. E. Entry 1. Do not be in a hurry to knock. Listen first. 2. Avoid a "Raid Type" knock. 3. May have to talk your way in. i) Try to use a positive voice. T~--y to get a view of all participants before making a complete entry. If victim answers the door - ~aes=ion suspec='s where abouts. - determine injuries, ask, look. F. Inside Residence Separate =he disputants. Try. to put disputants in an area that is devoid of possible weapons. (avoid kitchens) Volume 2 - Disk 2A(1!/93} Do not let dispuC~nt out of your site. if p~ss~le get disputants out of each o~hers sight but ~wo'.~fficers should always be able =o see each other. Avoid be'.~ocms (can av_o. id possible accusazions) 13 Police, especially during the night, find buildings open. Its a fact of life. There are many reasons, you as an officer, will find them open. Owner forgets uo lock up is one of the most common reasons. 2. Windows left open. Lack of employee interest in securing ~he facility. iv) An actual burglary. It is not always easy to determine why the building is open. It is dangerous to make assumptions. 1. I~":~'there. is any other reasonable -option; do 2. Especially if you know someone is inside. Sometimes it's better to wait in a hidden position for the suspect ~o come out to you. Verbal'challenge Things =o consider i~/~Y~gU.,'~.'!'~g~i_.~ a. Back-up - never try to search a building alone. - 2 to 5 people are needed, depending structure. b. Equipment on Shotgun? Is iU really necessa---y? Other equipment. c Civilian interference'~ d. Intelligence information. e. Safe point of entry. !. Doors and windows. C. Search Pattern Strategy 1, Top-down Volume 2 - Disk 2A(11/93) 14 Felony Calls, 2. Bottom-up Basement 4. Do what is the safest and most practical Thoroughness i} Thimk High ii) Think Small iii) Think Dirty D. Lighu Control Advantages of using lights a) Show officer clearly potential responsibility. b) May deprive suspect of concealment. c) Affects suspects vision. areas of Rules of Light use a) Try to move from darkness to light, not .light to dark. b) Do not linger around light switches. c) Use other light sources available. Search Pattern Tactics o Two movement s~yles a) Follow the leader (traveling over watch) b) Leapfrog (bounding over watch) Cover and Contact/Search officer Relative Position a) Avoid both ver=ica! and horizontal cross fire situations. High low approach· - search officer almost always takes a low position. Stop and !is~en on occasion. Suspect may also move. F. Weapon Positioning.. Use of =he (3rd eye Bad positions - by head - by !~g 3. Field Volume 2 - Disk 2A(!1/93) i~ Felony Calls, =onuinued Ideally an officer should never move into suspect's possible field of view that the officer can't personally cover. From a practical matter never enter a suspects field of view that your par~ner can't cover. G. Working the Angles Angles and distance have a distinct effect on your personal safety. Who ever sees who first in a building search clearly has a distinct advantage. By working the angles you can get the jump on the bad guy. It's a matter of time - plan - get back-up - or react 4. Techniques that can be used.to work the angles slicing maneuvers quick peek techniques H. Room Entry I. Fatal Funnel 2. Techniques of entry I. Bathrooms J. Hallways 1. Bouncing bullet phenomena K. Stairways 1. Up 2. down L. Suspect Contact !. ~en a suspect is c~ntro!. Volume 2 - Disk ~A(11/93) 16 spotted, opt for immediate Felony Calls, 2. Call out suspects location to advise suspect and other officers that you know where the suspect is located. Remain behind cover. Call suspect to a safe area and do the search there. Be patient. Do not creep up on the situation. Vol%une 2 - Disk 2A(11/93) 17 IOWA CITY POLICE DEPARTMENT FIELD TRAINING and EVALUATION PROGRAM Probationary Officer's Manual March 1995 FIELD TRaMNING ~,d EVALUATION PROGR3Jv! Iowa City Police Department Probationa,3~ Officer last first M.I. Date Issued Issued by The PROBATIONARY OFFICER MAaNUAL is intended to serve as your guide to the Field Traidng and Evaluation Program in general, and your traitting and development in particular. You are required to carry the PROBATIONARY OFFICER I'vL, kNU'AL with you on duty ( in the patrol vehicle) and be prepared to show it to conunand, supecvisory and Field Training personnel upon request. Your Field Training Officers and supervisors will make regular checks of the traitting checklists to ensure that you are making progress through the Field Training and Evaluation Program. The PROBATIONARY OFFICER MANUAL is the property of the Iowa City Police Department. I aclmowledge that I have been issued the PROBATIONARY OFFICER MANUAL and briefed regarding the requirements of the Iowa City Police Department's Field Trah~g and Evaluation Prograna. I acknowledge that I understand nay responsibilities during the Field Traldng and Evaluation Program. Probationary Officer date Witness date Subscribed mad sworn before me this ~ day of 19~ Notary Public FIELD TRAINING and EVALUATION PROGRAM Iowa City Police Department You are now entering the second major element of your training as a probationary Police Officer. You have completed the Iowa Law Enforcement Academy's training requirements and will how be assigned to the Patrol Division. You will be provided with a minimum of sixteen (16) weeks of intense field training under the direct supervision of the watch commanders and the Field Training Unit. The Field Training Program is a nationally accepted training process designed to assist police academy graduates make the transition from the classroom environment to the application of learned skills in 'field situations'. Your Field Training Officers, or FTOs, have been selected for their abilities to perform the job professionally, as well as for their ability to impart this necessary knowledge to you. The Field Training and Evaluation Program has one goal: to assist you to become a fully competent Iowa City Police Officer. The obstacles we most oi~en experience are cor,"qacency and reluctance on the part of the probationary officer and the advice we can sha_ is be assertive! When you are with your FTO give him or her something to evaluate. You must give us the chance to train you. If you resist or take the training process lightly you may not succeed. Success depends on attitude and one's willingness to perform the job. The training is time consuming and demanding- for you and the Field Training Unit- but the reward will be well worth the effort. The probationary officer is expected to enter the Iowa City Police Department's Field Training and Evaluation Program with the basic knowledge and skills that were provided through the Iowa Law Enforcement Academy's curriculum. The probationary officer must recognize that the broad background of knowledge necessary to provide safe, courteous, effective and efficient law enforcement services to the community cannot be gained entirely from the Iowa Law Enforcement Academy's curriculum or while on duty with your FTOs. The PROBATIONARY OFFICER MANUAL shall serve as a guide, along with specific direction from FTOs regarding home study. Probationary officers shall be involved in a training relationship with several FTOs throughout the Field Training and Evaluation Program. It is important for you to recognize that you are not a 'partner' in a two-person patrol vehicle. The FTOs mission is to assist you to certify for a SOLO patrol assignment. Accordingly, the Field Training anc...~ aluation Program is intended to provide you with instruction, direction, supervision, guidance, and experience to assist you to apply critical skills in a variety of situations, learn how to quickly and effectively develop sound judgments and provide excellent uniformed patrol'services in the community. The Field Training and Evaluation Program will provide the Iowa City Police Department with the information necessary to determine if you possess the requisites to certify as a non-probationary employee. You are directed to thoroughly review the Field Training and Evaluation Program General Order so that you can become acquainted with the purpose, process, procedure and expectations of the program. The following information will further assist you to meet the program's expectations by expanding upon the various types of program 'accountabilities'. THE MISSION of the FIELD TRAINING and EVALUATION PROGRAM The ultimate goal of all training is to produce a desired result. The primary goal of the Field Training and Evaluation Training Program is to specifically prepare you to perform the duties and responsibilities of a uniformed Iowa City Police Officer with confidence and ability. It is improbable that any individual would automatically possess the ability to step from any occupation to the duties of a police officer and perform them in a totally ace~.l~table manner. The intent of the Field Training and Evaluation Program is to guide y~ .hrough the subsequent steps of development until you are ready to function without constant coaching from the Field Training Unit. The actions taken and decisions made by you as a uniformed Iowa City Police Officer may have enormous consequences. Serious errors in job performance are unacceptable and must be eliminated to the highest degree possible. To attain this standard the Field Training and Evaluation Program is offered as an extensive, one-on-one, individualized experience designed to replace learning by trial-and-error with learning by well-designed, systematic instruction. It is important for you to know how the Field Training and Evaluation Program intends to accomplish it's mission, what you can expect from the program and what the program expects from you. CRITICAL ELEMENTS of the FIELD TRAINING and EVALUATION PROGRAM Training Task Checklists The programs Training Task Checklists represent the minimum areas that must be mastered before a probationary officer is considered to enter the field as a single-officer patrol unit during Step V. The checklists will serve as a guide for you and your FTOs. The checklists have been developed so that easier and basic tasks are introduced in the earlier weeks. These are followed by increasingly more difficult tasks that are based on the foundation of learning and skill mastery from previous areas of knowledge, skill and task responsibility It is imperative that you learn the skills/arm of knowledge from the previous weeks and be capable of applying them at any time. Accordingly, it may be necessary to devote a portion of your off-duty time to thoroughly review materials and come to work prepared to accomplish additional areas of job/task responsibility. Your FTOs shall direct you to initial/sign and date the training areas of accountability once you have demonstrated satisfactory in-the-field completion/application of the topic area(s). The FTOs will also initial/sign/date each topical area when it has been verbally described/explained and physically demonstrated. The checklists will be reviewed by the FTO supervisor during the Weekly Summary R~ rt process. Standard Evaluation Guidelines. Evaluation Designators The Field Training and Evaluation Program uses ten (10) distinct performance categories to assess the probationary officer's quality of work. Each of the Standard Evaluation Guidelines, or SEGs, behaviorally describe the various expectations for task accomplishment by defining the criteria for superior, acceptable, and unacceptable performance levels. It is important for you to thoroughly review each of the SEGs to better understand what is expected of you. Additionally, it is important for you to recognize that an unacceptable rating ( less than 5) does not mean that you are destined to fail. It is not uncommon for a probationary officer to earn less that satisfactory ratings in some categories during the initial days of the Field Training and Evaluation Program. You learn from your mistakes and we expect that you will make a number of them. From you mistakes we learn what additional training needs to be done. The SEGs are designed to assist you and your FTOs address your job strengths and weaknesses to bring the less- than-satisfactory performance into the acceptable and above performance evaluation levels. The SEGs provide the FTOs with an additional tool to more closely assist your performance by expanding upon the SEG performance definitions of 1-5-7. The Daily Observation Report The Daily Observation Report, or DOR, is a performance evaluation form which includes the ten (10) categories that the FTOs will use to formally record and report your performance. The FTOs will formally review/debrief with you, category by category, at the end of each watch worked or immediately prior to the next scheduled work day. The purpose of the debriefing is to assist you correct the areas of deficient performance and further strengthen those areas in which you are earning minimally acceptable ratings. You will always know exactly where you stand in terms of performance evaluation. You will be required to sign/date each DOR after you are debriefed. Your signature indicates that you and your FTO discussed the performance rating and the actions during the assigned watch which, measured against the Standard Evaluation Guidelines and Evaluation Designators represents you performance assessments for the day. When instruction has been provided but you are still unable to satisfactorily perform/demonstrate or explain the knowledge or skill area, a Not Responding to Training, NRT, will be noted. An NRT is an indication that a serious performance deficiency exists and must be addressed by you and your Fto or your continued employment may be in jeopardy. V'~ur FTO will record the total amount olin-the-field instruction provided per training ,egory by entering the unit of minutes in the Total Training column on the DOR. Your FTO shall explain how you are to compute you Self-Initiated Field Activity, SIFA, and enter them on the DOR. Your FTO will also direct you to enter the earned performance evaluation and total training time from the DOR onto the Daily Summary Report located in the PROBATIONARY OFFICER MANUAL. A photocopy of the Dally' Summary Report will be placed in the DOR Notebook in the Watch Commander's office. All DORs and attached documentation shall be filed in chronological order in the DOR Notebook for review by the watch supervisors and Field Training unit personnel. Daily Observation Report--Self-Evaluation The FTO may periodically direct you to complete a Daily Evaluation Report in addition to his/her documentation of your performance. You are to use the SEGs when completing the self-evaluation. The FTO will use the DOR you complete to periodically gauge your perceptions regarding the progress of your training and development. ALL probationary officers must complete the Self Evaluation Report at the conclusion of Steps 1, 2, 3 and 4 of the Field Training and Evaluation Program. Weekly Summary Report The Weekly Summa/'y Report serves as the basis for a series of weekly meetings between you, your FTO and the FTO supervisor. Your average performance per each of the ten categories for the week and the total amount of training for each category will be entered on the Weekly Summary Report in your PROBATIONARY OFFICER MANUAL. A photocopy of the Weekly Summary Report will be placed in the DOR Notebook in the Watch Commander's office. The weekly summary process ensures that your progress is thoroughly scrutinized and all responsible parties are accountable for your continued training and development. Open Communications Effective instruction and guidance is built upon a foundation of open and frank discussions between you, your FTOs and the department's command and supervisory personnel. It is YOUR responsibility to ask questions and share feelings/opinions at all times. If you have questions regarding the FTOs assessment of your performance you have an obligation to first discuss it with your FTO. You may request a meeting with the FTO supervisor if'the discussion between you and your FTO does not lead to a resolution of the disputed area of e' 'uation. If you do not agree with your FTO or the FTO supervisor's ea~,tanation/resolution of a disagreement, you shall forward a memorandum to the Captain of Field Operations stating the reason(s) why you believe that the performance was acceptable in the disputed evaluation area (s). You will have an opportunity to discuss the issue with the Captain of Field Operations. The Field Training and Evaluation Program is designed i[0 maximize the Iowa City Police Department's resources to assist you in earning non-probationary employment status. The program's strumre is designed to provide probationary officers with a strong foundation of critical, need-to-know skills and the confidence to apply the required standards. THE PROCESS of FIELD TRAINING The Iowa City Police Department's Field Training and Evaluation Program is divided into five (5) training or evaluation 'steps' with a minimum of sixteen weeks while assigned to at least three FTOs while assigned to various patrol watches. Each of the steps represents time spent on different tasks and learning experiences. In this manner, the Iowa City Police Department asgures exposure to the multiple responsibilities required of a police officer. The five steps of the Field Training and Evaluation Program are designed to provide: - A systematic approach to in-the-field training - Consistent and standardized training - The means of developing your ability to perform the tasks necessary for competent execution of solo patrol assignments - An introduction to all areas of a police officer's role and it's responsibilities - The opportunity to learn from a number of the Iowa City Police Department FTOs who will help you learn the department's procedures STEP 1 'tep 1 is designed to last a minimum of 20 work days. Your FTO will provide structured training during this period and will verbally review the formal DOR report with you to ensure that you are receiving specific feedback concerning your on-the-job performance. The first day of Step 1 is referred to as a NED, Non-evaluation day. Your assigned FTO shall only record the training/coaching provided. Your performance shall be assessed starting with the second day of Step 1. STEP 2 Step 2 is designed to last a minimum of 20 work days. Your FTO shall continue their Training Checklist instructional responsibilities along with formal performance feedback using the DOR. The first day of Step 2 is referred to as an NED. Your FTO shall only record training/coaching provided. You will be directed to numerically assess your performance during this NED and share your perceptions of performance with your FTO at the end of the watch. The FTO shall numerically/narratively assess your performance starting with the second day of Step 2. STEP 3 Step 3 consists of a minimum of 20 work days. Your FTO will complete the Training Task Checklists and review areas previously covered on a time-available basis. Formal performance feedback using the DOR will continue. The first day of Step 3 will be an NED. Your FTO shall only record the training/coaching provided. You will be directed to numerically assess your performance during this NED and share your perceptions of performance with your FTO at the end of the watch. The FTO shall numerically/narratively assess your performance starting with the second day of Step 3. STEP 4 Step 4 is designed to last a minimum of 10 work days. During the first 5 days of Step 4 the FTO will remain in uniform and, to the extent possible, provide additional training/coaching assistance. You are REQUIRED to handle 100% of the workload demands, unless the FTO exercises discretionary override or there is a significant public safety risk or hazard. The balance of Step 4 comprises the 'shadow period' during which your FTO shall accompany you in the patrol vehicle while dressed in plain clothes. The purpose of the 'shadow period' is to afford you the opportunity to provide patrol services in a solo fashion without FTO assistance. During this period the FTO is responsible for thoroughly evaluating your performance to provide a report of your readiness/capability to provide solo patrol services in a courteous, safe, effective and efficient manner. The FTO will not intervene or assist you unless there is a direct threat to your safety, the public's safety or is the quality of police services delivery would be compromised. This is your opportunity to demonstrate your ability to earn a solo patrol assignment. STEP 5 Step 5 represents the balance of the probationary employment period. During Step 5 you will be assigned to solo uniformed patrol operations, and any other operations as directed. You shall meet on a weekly basis with the FTO supervisor to formally review your performance. An FTO will periodically be assigned to execute 'check-out rides' with you during Step 5. EXTENSION of TRAINING The Field Training Unit will meet on a regular basis to review your progress in satisfactorily meeting Filed Training and Evaluation Program requirements. The Field Training Unit has the latitude to recommend an extension of your training beyond the minimum number of scheduled days in each training and evaluation step. The extension is granted when problems are identified which would hinder you performance or if you are behind schedule to the point that you could not be expected to catch up under normal circumstances. The extension of training allows the Iowa City Police Department to work with you on specific problems. You should view the extension, if it occurs, as if you have been placed in a holding pattern for a short time. No stigma is attached to a probationary officer who receives an extension. The extension of training should be viewed as a positive decision to help you get back on track. Iowa City Pohce Department Field Training and Evaluation Program Training Task Check Sheets Before we begin ..... ..... Although every effort has been made to make the information contained in the following training task check sheets as complete and comprehensive as possible, it would be illogical to presume that everything one needs to know to perform the job of police officer would be included ..... ..... in addition ..... ..... through their own experiences, each FTO has developed their own techniques and methods of performing certain tasks, all of which fall within the parameters of department policy and procedure and acceptable past practice ..... ..... therefore ..... ..... your FTO may write in and instruct additions or variations on what is in the printed text; if this is the case, when you sign, you are acknowledging your understanding and proficiency of the particular task, you are indicating your understanding of both the variation and the printed text. I certify that I have been instructed on and understand the above regarding my signing of the training task check sheets: Probationary Officer date Supervisor date IOWA CITY POLICE DEPARTMENT Field Training and Evaluation Program TRAINING TASK Administrative 1. Administrative Policies a. Department Rules and Regulations Manual b. Policy and Operating Procedures Manual c. City Policy Handbook It should be understood by the Probationary Officer that the above administrative policies as well as State and City laws and ordinances and any supplemental readings or exercises as directed by the FTO, are the responsibility of the Probationary Officer. Off-duty reading and study will be assigned and is expected. Specific General Orders, rules, and regulations will be addressed throughout the training process. Signatures below indicate a complete understanding of all material contained within the above listed texts. I certify that I have been trained and demonstrated proficiency in the above training/task topic: Probationary Officer date FTO date Supervisor date Iowa City Police Department Field Training and Evaluation Program TR),INING TASK Orientation 1. Facility Familiafization Building keys issued Mailbox assignment Watch Commanders office Records Section Crime Prevention Office Investigations Section Captain, Field Services Report writing area Evidence lockers Communications Center Locker Assignment Community Relations Excercise room Captain, Adminstrative 2. Community Orientation City Manager City Administrative Offices City garage/gas pumps Fire Stations, East, West, Central Mercy Hospital/ER VA Hospital UIDPS Office Courthouse Sherit~Shefiffs Office Animal Shelter Johnson Co. Ambulance U of I ETC Post office/Federal Bldg County Admin Building I certify that I have been trained and demonstrated proficiency in the above training/task topics: Probationary Officer date FTO date Reviewed by date Iowa City Police Department Field Training and Evaluation Program TRAINING TASK Orientation continued 3. City Parks -Black Springs Circle Park -City Park upper/lower -Court Hill Park both sides -Creekside Park -Glendale Park -Hickory Hill Park upper/lower -Mercer Park/Aquatic Center -Napoleon Park -Oak Grove Park -Reno Street Park -Smrgis Ferry Park -Tower Court Park -Whispering Meadows Wetland -Willow Creek Park -Harrison Hill Park -Scott Park -Southside Soccer Complex -Brookland Park -College Green Park -Crandic Park -Fairmeadows Park -Happy Hollow Park -Highland Park -Mesquakie Park -North Market Square -Pheasant Hill Park -Ryerson's Woods -Terrell Mill Park -Villa Park -Wetherby Park -Chauncy Swan Park -Hunters Run -Kiwanis Park -Ned Ashton Park 4. Schools A. Elementary -Hoover 2200 E Court St -Lincoln 300 Teeters Ct -Lucas 830 Southlawn Dr -Roosevelt 611 Greenwood Dr -Twain 1355 DeForest Ave -Wood 1930 Lakeside Dr -Letoroe 3100 E Washington St -Longfellow 1130 Seymour St -Mann 521 N Dodge St -Shimek 1400 Grissel PI -Weber 3850 Rohret Rd B. Secondary -Southeast Junior High 2501 Bradford Dr -City High 1900 Morningside Dr -CEC 509 S Dubuque St -West High 2901 Melrose Ave C. Private -Regina Elememary 2120 Rochester Ave -Heritage Christian School 1470 1st Ave S -Regina High School 2140 Rochester Iowa City Police Department Field Training and Evaluation Program TRAINING TASK Orientation continued .5. Jurisdictional Boundaries A. City Limits 1. north 2. east 3. south 4. west 5. exceptions a. Camp Cardinal Road b. Windsor Ridge e. City Landfill d. others B. Adjoining Jurisdictions 1. University of Iowa 2. University Hospitals 3. University Heights 4. Coralville 5. Johnson County 6. State of Iowa Department of Public Safety Hospital Security U Heights Police/JCSO Coralville PolicegJCSO JCSO ISP/DNR I certify that I have been trained and demonstrated proficiency in the above training/task topic: Probationary Officer date FTO date Supervisor date IOWA CITY POLICE DEPARTMENT Field Training and Evaluation Program TRAINING TASK Preparation for Duty-Personal 1. Personal Appearance and Uniform Regulations-General Order 90-03A P/O date FTO date 2. Equipment a. qualify at least once annually with duty AND off-duty weapons b. load weapons with Department issued ammunition ONLY. c. carry accessory weapons approved by Department ONLY (ASP, PR24 etc.) d. body armor is provided and it's wear recommended e. CPR mask, rubber gloves, safety glasses, infectious material handwash or wipes, other safety equipment f. Infectious Diseases General Order 92-01 P/O date FTO date 3. Roll Call a. dressed and ready for duty at roll call 15 minutes prior to watch b. reporting late- notify on-duty watch commander ASAP, and report for duty ASAP. c. reporting sick-notify on-duty watch commander ASAP-know sick leave policy d. court notices, subpoenas, Lihs-O-Grams e. car and area assignments f. record pertinent information passed on by watch commander or supervisor I certify that I have been trained and demonstrated proficiency in the above training/task topics: Probationary Officer date FTO date Supervisor date IOWA CITY POLICE DEPARTMENT Field Training and Evaluation Program TRAINING TASK Preparation for Duty-Squad Car 1. Use and Care of Police Vehicles a. check for damage and notify command if found b. check under seats for contraband and notify command if found c. check emergency equipment, fuel, fluids, tires, lights--report any malfunctions d. check, shotgun, test radar, and make sure you have first aid kit, blanket, unlock tool, fire extinguisher, report forms, ticket books, impound book, etc. e. do not attempt any vehicle repairs without approval 2. Radio Usage-General Order 89-05 P/O date FTO date a. operation and channels of both car and portable radios; emergency button and procedure; radio phone b. hold microphone 1" from mouth, think before keying up, use normal volume and tone, speak clearly and use common courtesy c. clear the channel before talking, don't 'step on' anyone else d. track other units and their activities e. know phonetic alphabet f. know ten-codes, but remember, clear, concise language will get the point across g. know dispositions-No locate, GOA, warning, citation, etc. h. give descriptions of people-physical first, then clothing; vehicles-CYMBALS 3. MDT Operation a. sign-on procedure b. CAD screens, updates etc. c. do not drive and type at the same time d. improper messages; MDT traffic can be subpoenaed at a later date 4. Emergency Lights and Sirens a. toplight control panel b. alley lights, spot light, arrow stick c. siren control and appropriate use d. auxiliary dome light and when to use I certify that I have been trained and demonstrated proficiency in the above training/task topics: Probationary Officer date FTO date Supervisor date IOWA CITY POLICE DEPARTMENT Field Training and Evaluation Program TRAINING TASK Vehicle Operation 1. Review General Order 95-01 Emergency Response of Police Vehicles P/O date FTO date 2. Review General Order 90-01 OPS 02.6 Roadblocks P/O date FTO date 3. Operation: Routine Speed a. consistent with the flow of traffic within the speed limit to allow adequate observation of surroundings and potential problems b. less that speed limit in residential areas to allow for added reaction time needed- your attention is divided between driving and observing your surroundings c. far less than speed limit in the overnight hours to compensate for the added need for observation skills d. obey ALL traffic laws-set the example 4. Operation: Emergency a. review Iowa State Code 321.231 b. know your vehicle's limitations and above all, always be aware of your responsibilities and liabilities c. use toplights, wigwags, and siren d. do not exceed 15 mph over the posted speed limit-make sure to give yourself an out e. be prepared to come to a complete stop at intersections no matter what color your light may be f. vary the siren pitch upon approach to intersections or heavy traffic g. when your presence on scene is no longer needed or when advised by command, SHUT DOWN I certify that I have been trained and demonstrated proficiency in the above training/task topics: Probationary Officer date FTO .date Supervisor date IOWA CITY POLICE DEPARTMENT Field Training and Evaluation Program TRAINING TASK Patrol Functions 1. Area Knowledge a. Area 1 - downtown- explain boundaries b. Area 2 - Southeast - c. Area 3 - Northeast - d. Area 4 - west - e. Rove f. Address numbering system - even numbered addresses on North and East sides of the street; odd numbered addresses on the South and West sides of the street ( except when they're not) g. North/South divider is Iowa Ave East/West divider is Capitol Street h. know special hazard areas, high crime areas, normal condition of building, etc. i. advise your watch command of exceptional incidents 2. Business checks a. develops good public relations b. develops good information c. security checks, bar checks, building checks d. be professional and select appropriate tone of voice and words when speaking to citizens I certify that I have been trained and demonstrated proficiency in the above training/task topics: Probationary Officer FTO date Supervisor date IOWA CITY POLICE DEPARTMENT Field Training and Evaluation Program TRAINING TASK Traffic Stops 1. The Stop a. select the location with regard to roadway geometries, lighting, traffic flow, availability of shoulder space, general surroundings b. advise radio, clear the frequency, give location first, then plate number or description if no plate; all in clear normal tone of voice c. while advising radio of stop, activate toplights and flash headlights or 'burp' siren siren, if necessary to gain driver's attention; use take downs lights and spotlight if at night d. position squad car far enough behind violator vehicle to be able to easily see it's rear tires; position squad car about two feet to the left of the violator vehicle to allow a safe path for your approach using your vehicle as a shield e. take your time - observe passenger movements inside - look for anything out of the ordinary - consider an approach from the passenger side - plan your contact and what you will say f. approach staying close to the violator vehicle - watch the mink- stay behind the door post- make the driver put himself in an uncomfortable position to look at you; use your flashlight; don't stand between vehicles or in the roadway if you chosen to speak to your violator outside the car, take him over to the sidewalk g. be professional and courteous - ask for the driver's license and registration - explain the violation and what you intend to do - listen to the violator's explanation, sometimes it will assist you later in prosecution - sometimes there is a plausible excuse h. watch behind you as you return to the squad - keep an eye on your violator I. know where to find city and state laws - use the compendium- carefully prepare the citations or warnings j. suspensions? check for DUS or revocations k. re-approach to issue citation using the same safety techniques - explain the citation fully and request signature in the appropriate space IOWA CITY POLICE DEPARTMENT Field Training and Evaluation Program TRAINING TASK Traffic Stop continued 1. if you receive a refusal to sign, politely explain that you will have no alternative but to take violator into custody - all they are signing is a promise to appear; upon a continued refusal, consider asking for a supervisor or a back up officer to assist with the arrest; also consider, based on the circumstances, the possibility of obtaining a warrant later m. unserved suspension can be served at the stop location n. after issuing citations, leave squad car in place with lighting on to provide the violator safe access back into traffic; go 10-8, make notes on your copy of the citation I certify that I have been trained and demonstrated proficiency in the above training/task topics: Probationary Officer date FTO date Supervisor date IOWA CITY POLICE DEPARTMENT Field Training and Evaluation Program TRAINING TASK Report Writing I. Report writing objective a. record facts and information completely, who, what, when, where, why and how, if it's not in the report it didn't happen b. the report could later be used for your own recollection in court, as evidence in court, for follow-up by other units or divisions, in a civil trial, or by City officials in city matters 2. Technique a. avoid abbreviations and do not use ten codes; use plain English that anyone could understand b. tell the story; use a logical sequence to walk the reader through the series of events and bring it to a logical conclusion c. do not write in the third person; do not use 'this officer'; use direct quotes when needed d. avoid expressing your opinion in the text of the report; it would be permissible to state your opinion at the end with the objective of aiding investigators, but be very objective in what is written; a better plan would be to leave opinions out of the report and express them verbally or in a separate writing e. remember to obtain a complainant signature when appropriate f. fill out the report completely; proofread for spelling and grammar g. if follow-up is needed by investigations or the next watch make sure that you have included all pertinent information, fill out a purple sheet and make sure to route the report correctly h. all report are to be completed by the end of your watch; if you will be following the next day or a case remains under investigation, fill out the face sheet and turn it in marked 'Under InvestigationM; turning in a report may be delayed with supervisor approval I certify that I have been trained and demonstrated proficiency in the above training/task topics: Probationary Officer date k-'TO date Supervisor date IOWA CITY POLICE DEPARTMENT Field Training and Evaluation Program TRAINING TASK Accident Investigation 1. Review Iowa Code 321.266 2. Response a. response will be determined by need to render aid to the injured, to prevent further injury, to preserve evidence, to aid traffic in resuming it's normal flow, among others b. on scene, place the squad car in a position to protect the scene and injured or involved parties c. attend to the injured and request assistance from other units to help with traffic control, if needed d. interview witnesses separately, obtaining names, addresses, phone numbers - work and home, then allow them to leave if they wish; obtain statements from drivers e. request assistance from Traffic Investigators, if needed f. provide assistance in photographing, sketching, measuring etc., direct traffic as needed g. notify owners of any damaged property; exchange info at scene 3. Hit and Run a. in addition to the above, broadcast any information reference run vehicle and suspect ASAP 4. Animal Involvement a. deer - if salvageable may be given to driver or other party - issue deer tag; if not salvageable have carcass picked up by appropriate agency b. other animal - have it picked up, attempt to contact owner c. destroying animals - choose appropriate weapon for surroundings, obtain approval from supervisor, complete weapon discharge report, remove carcass to Animal Shelter ( see Animal Control Training Task for further) 5. General a. court appearance required on any citation b. complete supplemental bus/truck form if applicable c. report done on all accidents involving government vehicles d. demonstrate ability to complete an acceptable accident report I certify that I have been trained and demonstrated proficiency in the above training/task topic: Probationary Officer d~e FTO date Supervisor date IOWA CITY POLICE DEPARTMENT Field Training and Evaluation Program TRAINING TASK Common Response to Calls for Service 1. Enroute a. picture the location b. evaluate your mode of response, is the crime in progress?, will back-up be needed? c. plan your response, prepare to take control of the situation, be prepared for anything d. watch for fleeing suspects, be alert for the unexpected, watch for hidden suspects, request back-up if needed e. decide if your amval should be covert, if so, shut down prior to the committed point and approach on foot; if not, place your squad with regard to the preservation of evidence, safety of the scene and citizens, any EMS vehicles, use squad for cover 2. On Scene a. lock you squad car b. ensure the safety of the victims, witnesses, and bystanders; don't allow EMS personnel on scene until you have secured everything c. take control; relay info to responding units, vehicle and suspect descriptions, etc. d. locate crime scene entry, exit, preserve evidence, only allow necessary personnel to enter e. request CST for evidence collection; notify command of unusual or serious circumstances f. record observations to assist report writing later, g. provide support for others -investigators, EMS, DHS, etc, stay on the scene until you are no longer needed I certify that I have been trained and demonstrated proficiency in the above training/task topics: Probationary Officer date FTO date Supervisor date IOWA CITY POLICE DEPARTMENT Field Training and Evaluation Program TRAINING TASK Domestic Fights 1. Review Iowa Code - Chapter 236, 708, 721.1(6) 2. Mandatory/Discretionary Arrest a. what is and who is the primary physical aggressor b. when is it child abuse as opposed to domestic abuse c. are there no contact orders in effect, if so, use appropriate document for charging d. protect the innocent, interview involved parties separately but maintain at least audible contact with your back-up, e. provide mandatory abuse documents to the victim, (green sheet), assist them in leaving and providing a safe shelter is necessary f. document any injuries, photograph is possible, make sure it is safe before allowing EMS personnel to enter g. remember charging enhancements 3. Child Abuse a. Review Iowa Code Chapters 232, 236, 708,709,726,727,728 b. make appropriate arrest if applicable, notify DHS by phone, complete Child Abuse report, request assistance from investigations if necessary c. notify command and DHS if removal of child will be necessary I certify that I have been trained and demonstrated proficiency in the above training/task topics: Probationary Officer date FTO date Supervisor date IOWA CITY POLICE DEPARTMENT Field Training and Evaluation Program TRAINING TASK Laws of Arrest Arrest Jurisdiction 1. Arrest with a Warrant a. ALWAYS confirm warrant; DO NOT arrest until you have confirmation b. warrants from outside the county or state require additional paperwork c. juveniles are released to a parent or guardian unless the warrant specifies otherwise 2. Arrest without a Warrant a. know the elements of the crime and establish probable cause b. domestic abuse arrests when perpetrator has left the scene c. juveniles - same as above d. government officials - from anywhere - inform a supervisor 3. Arrest jurisdiction a. hot pursuit and how it applies b. agreement with the University of Iowa Department of Public Safety c. University Heights, Coralville, Johnson County 1. requests for assistance 2. serving warrants or making arrests I certify that I have been trained and demonstrated proficiency in the above training/task topics: Probationary Officer da~ F-TO date Supervisor date IOWA CITY POLICE DEPARTMENT Field Training and Evaluation Program TRAINING TASK OWl Arrest 1. Identification of Impaired Drivers a. speed too fast or too slow, weaving, abrupt stops, no headlights after dark, failure to dim, other traffic violations b. on view - at an accident scene - physical condition, odor of alcoholic beverage, co-ordination and balance poor, slurred speech, watery, bloodshot eyes, vomit or urine stained clothing 2. Field Sobriety Testing a. select a safe, dry, level surface b. inquire as to handicaps, use of medication, physical condition - diabetic, ill etc. c. explain all tests thoroughly prior to administration - HON, One Leg Stand and Walk and Turn d. proper use of PBT and explanation 3. Arrest a. proper use of Miranda Warning; handcuffing techniques b. vehicle disposition 1. tow per Department policy 2. leave it properly parked with owner's permission 3. release to sober person with owner's permission 4. Legal considerations a. Review Iowa Code 321J b. Implied Consent - carefully fill out and explain form c. intoxylizer use d. notice of revocation and temporary driving permit e. requesting blood or urine and preservation of sample f. when to obtain a search warrant for blood g. appropriate reports and charging documents I certify that I have been trained and demonstrated proficiency in the above training/task topics: Probationary Officer date FTO date Supervisor date IOWA CITY POLICE DEPARTMENT Field Training and Evaluation Program TRAINING TASK Juveniles 1. Juveniles may be released on citation for the following offences: Code Section 106 106A 109 109A 110 110A 110B 111 321 321G 453A 727 Water navigation Use of State Waters by non-residents Wildlife conservation Protection of endangered plants and wildlife Fishing, hunting and related offences Game breeding and shooting preserves Migratory waterfowl Public lands and waters Motor vehicle law -simple misdemeanor only Snowmobiles and ATVs Tobacco products Fireworks 2. All other charges require complaint and affidavit and release to parent or guardian a. transport to station, file charges, contact parents to come and pick up b. parent and juvenile must sign the charge 3. Remember that juveniles cannot be held without a court order 4. Missing or Runaway a. obtain all pertinent information and provide to dispatch for immediate entry into NCIC; give info to other units b. follow up as much as possible to locate the child c. in cases of very young children additional help may be needed to assist in the search I certify that I have been trained and demonstrated proficiency in the Above training/task topics: Probationary Officer date FTO date Supervisor date IOWA CITY POLICE DEPARTMENT Field Training and Evaluation Program TRAINING TASK Fire and Medical Assistance 1. Ambulance Assist a. police will generally respond for immediate first aid purposes, however work load and type of medical emergency will govern b. provide first aid and obtain pertinent medical information to pass on c. assist in carrying patient and equipment to/from ambulance; provide assistance to family members d. remember to keep personnel safe while they work 2. Fire Scene a. provide traffic control at all access points around the scene - don't park right at the scene - leave room for fire trucks and ambulance b. provide assistance with any evacuation, however, don't become a casualty -leave burning buildings to firefighters c. try to determine any hazmat concerns to pass on d. all the above also apply to accident scenes 3. Welfare Checks I. if it is determined that entry to a building or residence is needed to check a person's welfare, fire personnel can assist I certify that I have been trained and demonstrated proficiency in the above training/task topics: Probationary Officer date FTO date Supervisor date IOWA CITY POLICE DEPARTMENT Field Training and Evaluation Program TRAINING TASK Stolen and Abandoned Vehicles 1. Stolen Vehicles a. Review State Code 714 b. along with standard report information, ask whether keys were in the vehicle, how much gas in the tank, are there any weapons in the vehicle; ask if it's possible that the car has been repossessed; determine joint ownership 2. Located Stolen Vehicles a. occupied - refer to felony stop training task b. parked, unoccupied - don't touch - processing to be done by CST if necessary; try to contact owner to pick up the car; if towing, advise wrecker driver of special needs for towing or storage;. report your observations including witnesses 3. Abandoned Vehicles a. State code section 321.89 to 321.91 b. City code section 6-1-20 street storage - chalk tires, advise dispatch, orange sticker; tow al~er 48 hour violation or advise CSO so they can tow vehicle on private property will be towed with proper authorization from property owner or manager disabled vehicle in the roadway- 1046 - make reasonable attempt to contact owner or allow a reasonable time presuming owner is making arrangements to have it remove, however, traffic conditions may dictate immediate removal; complete tow slip I certify that I have been trained and demonstrated proficiency in the above training/task topics: Probationary Officer date FTO date Supervisor date IOWA CITY POLICE DEPARTMENT Field Training and Evaluation Program TRAINING TASK Nuisance Calls 1. Parking Complaints City code generally 9-4-1 to 9-4-12 and 9-5-1 to 9-5-6 a. if appropriate, issue parking ticket with proper code; vehicle may be towed if on public property and in violation; tow from private property with proper authorization b. check tow list 2. Harassment Complaints a. will require report unless it can be handled between all parties with no charges involved b. attempt as much follow up as possible to handle at patrol level, c. phone harassment/obscene calls require an incident report, inform complainant of caller id service (*69) and that they will be charged for using it; 3. Prowler Call a. silent approach; know your address numbering system so you can exit you vehicle one half to one block away and walk in; have dispatch keep you advised of current status b. make thorough check of the area and reassure complainant 4. Noise/Loud Party Complaint a. review city code for Disorderly House 8-5-5 Disorderly Conduct 8-5-1 b. make contact with owner/renter of house or apartment and advise of the complaint; identify person you speak to - name, DOB, SSN, - issue written warning or citation as applicable, if a warning is issued advise that they will be cited if officers have to rerum I certify that I have been trained and demonstrated proficiency in the above training/task topics: Probationary Officer date FTO date Surfervisor date IOWA CITY POLICE DEPARTMENT Field Training and Evaluation Program TRAINING TASK Felony Stops 1. Felony Stop a. wait for back up and coordinate tactical with other units b. be especially aware of your surrounding with regard to roadway geometries, traffic flow and availability of space c. clear the frequency and advise radio of location, license number, give description of vehicle and occupants, watch for occupant movement d. activate toplights, take downs and spotlight if at night, be sure PA is on and volume turned up e. position squad half to full car width to the lef~ of the suspect car and leave 20 to 25 feet distance between vehicles f. back up unit should position to the right of initial squad using same lighting equipment and concentrating on the passenger side of the suspect vehicle g third squad can position to the lef~ of the initial squad h. use door for cover and draw either sidearm or shotgun I. use PA or a clear strong voice to identify yourself and issue instructions; one officer ONLY to issue instructions j. a variety of commands may be used depending on the circumstances, but all will be geared to taking control and removing suspects one by one from the vehicle, bringing them to the backup officers for securing and containment k. remember the truck and other areas of concealment 1. once all known suspects have been secured, issue at least two more commands to anyone else in the vehicle to make themselves known m. at least two officers should then approach the vehicle with weapons drawn, again keeping aware of possible area of concealment, and being aware of any crossfire situations this maneuver creates - check the vehicle for additional occupants n. ira stop must be made without immediate back up contain the suspects in their vehicle - wait for back up- do not attempt removal of suspects without help o. keep in mind that this illustration is not all inclusive of felony stops - geography, backup availability, suspect compliance, among others, will dictate the exact method employed, the goal of a felony stop is SAFETY, suspect containment, removal, and securement Probationary Officer date FTO date Supervisor date IOWA CITY POLICE DEPARTMENT Field Training and Evaluation Program TRAINING TASK General Crime 1. Assault State Code 708 a. check for injuries and request EMS if necessary, photograph injuries b. determine if the assault was domestic c. determine if probable cause exists to arrest assailant if still on scene, if suspect in not on scene, follow up with appropriate paper work or warrant request 2. TheR State Code 714 a. degree is determined by dollar value b. includes fraudulent practices, possession of stolen property c. check elements against those of burglary 3. Burglary State Code 713 a. preserve evidence, try to keep owners from rummaging through the scene until processed by CST, if necessary b. remember possession of burglary tools c. check with all who may have had an opportunity to observe a suspect or anything suspicious d. MO. sheet 4. Robbery State Code 711 a. includes extortion b. how it applies to a shoplifting c. what is the difference with 1 st Degree TheR d. approach silently and covertly to avoid hostage situation if suspect is still inside; attempt to contain or arrest keeping citizen safety a number one priority e. watch for second or additional suspect f. keep citizens back 5. Bank/Business Alarm a. response is same as robbery b. ascertain if business has followed proper call-back procedure c. remain outside - have an employee come out to you to report false alarm d. response should generally be silent, watch for suspect vehicles leaving the area as approach IOWA CITY POLICE DEPARTMENT Field Training and Evaluation Program TRAINING TASK General Crime continued 6. Sexual Assault State Code 709 a. ensure safety and medical needs of victim are taken care of, but do not allow bathing until victim has been to the hospital b. use resources available to assist the victim, RVAP, DVIP, chaplain, female officer c. investigator called in - check with supervisor 7. Deaths a. all death investigations should be treated as homicide until shown otherwise - while being erapathetic to the family do not cover the body until you are shown that the death is not a homicide b. natural death - record observations and all statements, confer with on-call investigator, notify coroner, assist with family, stand by until body has been removed c. suicide - all of the above with investigator and CST called; keep all unnecessary personnel out; obtain witness statements and try to determine events leading up to the final act; assist support personnel as needed d. homicide- all of the above with roping off crime scene area ASAP, crime scene crime scene will be turned over to investigators and CSTs - do not allow ANYONE else in e. suicide attempts - assist EMS personnel and ensure their safety; obtain witness statements and collect any evidence, provide assistance to victim to voluntarily commit themselves or initiate emergency committal 8. Arson a. contain and preserve the crime scene b. assist fire investigators as needed 9. Bomb Threat a. remember to turn off radio and cellular phones on approach and keep them off until you have cleared, or the area has been secured b. assist in evacuation if it is authorized by building owner or person in charge of the business IOWA CITY POLICE DEPARTMENT Field Training and Evaluation Program TRAINING TASK General Crime continued c. take person familiar with the building when you search d. if device or suspicious object is located, DO NOT TOUCH, item will be removed by trained personnel e. consideration must be given to evacuation when approaching a time deadline, and should occur, if it hasn't already, ifa device is found I certify that I have been trained and demonstrated proficiency in the above training/task topics: Probationary Officer date FTO date Supervisor date IOWA CITY POLICE DEPARTMENT Field Training and Evaluation Program TRAINING TASK Prisoner Handling 1. General Safety Practices a. keep gun hand free and guard your weapon b. always watch your suspect and maintain your safe distance c. use cover and concealment - don't park in front of address - don't stand in front of doors d. be aware of vehicular traffic and don't stand between vehicles e. use appropriate interview/interrogations stance 2. Control of Prisoners a. Review Use of Force General Order 95-03 b. Use of Force continuum c. requesting back-up ?/0 date FTO date 3. Searching Prisoners a. always before placing in squad b. cuff before searching, consider using officer of same sex if possible c. wall, free standing, kneeling, prone 4. Handcuffing a. behind back for officer and prisoner safety b. use of flex cuffs c. techniques for combative subjects d. juveniles - be able to articulate need for cuffs - serious crime, escape risk, combative 5. Transporting a. keep prisoners under control and don't leave them unattended in the car - don't count on the cuffs b. call in mileage and don't stop for calls - obey traffic laws 6. Booking a. enter Receiving door b. secure weapon in locker, also ASP and flashlight c. take elevator to 2nd floor IOWA CITY POLICE DEPARTMENT Field Training and Evaluation Program TRAINING TASK Prisoner Handling continued d. turn prisoner over to jail staff, stand by while they pat down, have case number for jail staff e. assist jail staff if prisoner is, or becomes combative f. complete proper paperwork before clearing jail I certify that I have been trained and demonstrated proficiency in the above training/task topics: Probationary Officer date FTO date Supervisor date IOWA CITY POLICE DEPAR~NT Field Training and Evaluation Program TRAINING TASK Stolen and Abandoned Vehicles 1. Stolen Vehicles a. Review State Code 714 b. along with standard report information, ask whether keys were in the vehicle, how much gas in the tank, are there any weapons in the vehicle; ask if it's possible that the car has been repossessed; determine joint ownership 2. Located Stolen Vehicles a. occupied - refer to felony stop training task b. parked, unoccupied - don't touch - processing to be done by CST if necessary; try to contact owner to pick up the car; iftowing, advise wrecker driver of special needs for towing or storage;. report your observations including witnesses 3. Abandoned Vehicles a. State code section 321.89 to 321.91 b. City code section 6-1-20 street storage - chalk tires, advise dispatch, orange sticker; tow at~er 48 hour violation or advise CSO so they can tow vehicle on private property will be towed with proper authorization from property owner or manager disabled vehicle in the roadway- 1046 - make reasonable attempt to contact owner or allow a reasonable time presuming owner is making arrangements to have it remove, however, traffic conditions may dictate immediate removal; complete tow slip I certify that I have been trained and demonstrated proficiency in the above training/task topics: Probationary Officer date FTO date Supervisor date IOWA CITY POLICE DEPARTMENT Field Training and Evaluation Program TRAINING TASK Search and Seizure 1. Review Iowa Code 808 2. Explain through scenario a. Plain View Doctrine - as it applies to houses, businesses, motor vehicles, b. Search Incident to Arrest c. Emergency searches - exigent circumstances d. Stop and Frisk e. Vehicle searches f. Vice and drug searches g. Juvenile parties, PAULA h. when to use a 'Consent to Search', written or verbal i. explain 'reasonable expectation of privacy' 3. Obtaining a Search Warrant a. applications in report writing b. fill out completely and thoroughly; obtain assistance and authority from command and county attorney; additional assistance from investigations if needed c. be prepared to articulate under oath the probable cause you have obtained; be prepared to get more if required by the judge d. after service of the warrant, leave a copy of the warrant and inventory of items seized with the defendant or at the location searched; e. completely fill out the return of service and turn over to the Clerk of Court f. all seized items placed into evidence I certify that I have been trained and demonstrated proficiency in the above training/task topics: Probationary Officer date FTO date Supervisor date IOWA CITY POLICE DEPARTMENT Field Training and Evaluation Program TRAINING TASK Stolen and Abandoned Vehicles 1. Stolen Vehicles a. Review State Code 714 b. along with standard report information, ask whether keys were in the vehicle, how much gas in the tank, are there any weapons in the vehicle; ask if it's possible that the car has been repossessed; determine joint ownership 2. Located Stolen Vehicles a. occupied - refer to felony stop training task b. parked, unoccupied - don't touch - processing to be done by CST if necessary; try to contact owner to pick up the car; if towing, advise wrecker driver of special needs for towing or storage;. report your observations including witnesses 3. Abandoned Vehicles a. State code section 321.89 to 321.91 b. City code section 6-1-20 street storage - chalk tires, advise dispatch, orange sticker; tow after 48 hour violation or advise CSO so they can tow vehicle on private property will be towed with proper authorization from property owner or manager disabled vehicle in the roadway- 10-46 - make reasonable attempt to contact owner or allow a reasonable time presuming owner is making arrangements to have it remove, however, traffic conditions may dictate immediate removal; complete tow slip ! certify that I have been trained and demonstrated proficiency in the above training/task topics: Probationary Officer date FTO date Supervisor date 1997 MATS Schedule Day # 1 8:00-10:00 10:00-10:15 10:15-11:45 11:45-12:15 Hazmat Break BB Pathogens *Employee Right to Know 12:15-1:15 Lunch Dennis Hansen Sue Thieleke Lt. M. Johnson' 1:15-4:00 ~' CPR Re-certification Sgt. Cindy Heick Day #2 8:00-11:30 PR Re-certification 11:30-12:30 Lunch Det. Doug Vance 12:30-4:00 Defensive Tactics Sgt Brace Freeman Day #3 8:00-12:00 12:00 -1:00 Drug Interdiction Lunch Sgt. R. Cox 0I-IP) 1:00-2:00 2:00-4:00 Judicial Insight Sexual Orientation Judge S. Gerard Heather Shank (*Iowa City Officers only) All training will be conducted in Montgomery Hall at the Johnson County Fairgrounds unless otherwise noted. The dates for MATS are as follows; Session # 1 Session #2 Session #3 Session #4 Session #5 January 6-8 January 20-22 February 3-5 February 17-19 March 3-5 (January 7-Iowa City Rec Center Social Hall) (March 3-Iowa City Rec Center Meeting Room B) On the January 7 and March 3 dates, free parking will be provided on the top level of the Chancey Swan Parking Ramp. MATS 1996 Course Content Guide Iowa City Police Department Coralville Police Department Johnson County Sheriff Department University Department of Public Safety Day 1 HAZMAT Instructors: Ken Brown, Lieutenant, Iowa City Fire Department Ron Stutzrnan, Battlion Chief, Iowa City Fire Department Roger Jensen, Lieutenant, Iowa City Fire Department Course Length: 2 Hours Synopsis: Explanation and DOT requirements concerning "Hazardous Materials Guidebook", pre-incident planning, scene management, material recognition and personal protective equipment. Practical exercises in utilization of guidebook and in-class information to scenarios presented by the instuctor. -- BLOODBOUNE PATHOGENS Instructor: Sue Thieleke, Certified Occupational Health Nurse, University of Iowa Course Length: 2 Hours Synopsis: Discussion of different types of communicable diseases that Law Enforcement Officers are suseptable to; TB, hepatitis~ HIV.. Means of transmission, need for personal protective equipment as well as post-exposure treatment. Discussion of need and time requirement for tetanus and hepatitis. Video geared towards Law Enforcement used to supliment presented material. CARDIO-PULMONARY RESUCITATION (CPR) Instructor: Cindy Heick, Seargent, University Department of Public Safety (assisted by officers ~rom ICPD, CPD & UDPS) Course Length: 3 hours Synopsis: Am~erican Heart Association Basis Life Support guidelines, video presentation of course materials, one and two rescuer CPR (adult, child, infant), foreign body' obstructed airway (adult, child, infant conscious/unconscious person). Written exam and practical demonstration of skills required for re- certification. Day 2 PR-24 Instmctor: Course Length: Synopsis: Doug Vance, Detective, Coralville Police Department (assisted by officers from ICPD and CPD) 3.5 hours Review, nomenclature, use of baton, practical application of class discussion on use, armlocks, wrist drags, spinning techniques, power strikes, chops, jabs and manner of carry. Written exam and practical demonstration of techniques required. DEFENSIVE TACTICS Instructor: Course Length: Synopsis: Brace Freeman, Sergeant, Coralville Police Department (assisted by officers from ICPD, CPD, JCSO) 3.5 hours Come-alongs, wrist locks, blocking and striking, close quarter combat, handcuffiong techniques and active countermeasures. Written exam and demonstration of techniques required. Day 3 CULTURAL DIVERSITY Instructors: Lon Moeller, Affirmative Action Office, U of I Diane Finnerty, Affirmative Action Office, U of I Course Length: 4 hours Synopsis: .2 Identify what cultural diversity is. Explore various stereotypes, where they come from, and how they affect us. Examine dimensions of communication (both verbal and non-verbal) and how they are perceived by different cultures. Liability issues in cultural diversity. Practical exercise conducted by instructors. CHILD ABUSE/DEPENDANT ADULT ABUSE Instructor: David Schutt, Social Worker IV/Supervisor, Department of Human Services Course Length: 2 hours Synopsis: Address the scope of problems of child abuse and dependent adult abuse. Instruction in how officers can identify suspected violations. Proper procedure for reporting to DHS as mandatory reporters. OFFICER SURVIVAL Instructor: Video-"Street Weapons"-Instructed by Edward Nowicki and Dennis Ramsey, Performance Dimension Publishing. Course Length: .75 hours Synopsis: Identifys and demonstrates various weapons (including unusual items) that officers may encounter on the street. Their use and method of concealment are dramatized. Day 4 DRUG RECOGNITION PROGRAM Instructors: Doug Hart, Officer/DRE, Iowa City Police Department Greg Humrichouse, Officer/DRE, Iowa City Police Department Jan Waterhouse, Johnson County Attorney Office Course Length: 2 hours Synopsis: Information on the DRE Program. How it can help them in identifying, arresting, and preparing drug impaired driver cases for court. Discussion ofpertinem legal issues POLICE ETHICS Instructor: Tommy D. Widmer, Lieutenant, Iowa City Police Department Course Length: 1.75 hours Synopsis: Identifying ethics. Emphasis on need for good ethics in Law Enforcement, how they are developed and retained. Discussion of ethical problems as they relate to policing in Johnson County. Videotape suppliment used. OCCUPATIONAL SAFETY: TO KNOW EMPLOYEE RIGHT Instructor: Course Length: Synopsis: Matt Johnson, Lieutenant, Iowa City Police Department 1.5 hours Training and information on the recognition and avoidance of chemical hazards in the workplace. Awareness level training on MSDS (material safety data sheets) including location, Iowa Chemical Worker Right- To-Know Law, labels & placards, safe work practices, and discussion of characteristics of toxic materials. SURVIVAL SPANISH Instructor: Course Length: Synopsis: Deb Petersen, Investigator, Iowa City Police Department 1 hour Instruction in basis phrases and terms to aid officers communicate with Spanish speaking individuals in a law enforcement setting (handout suppliment). Discussion of special problems with irnmagrant identification. ADMINISTRATIVE UPDATE Instructor: R.$.Winkelhake, Chief, Iowa City Police Department Course Length: .5 hours Synopsis: Informal discussion of the future direction of the Iowa City Police Department as it relates to neighborhood policing and computer equipment. Opportunity for questions on open topics. MOBILE TEAM TRAINING 1. Interviewing and interrogation 2, At-Scene Accident Investigation 3. Field Training Officer Instruction/Certification 4. Basic Conversational Spanish for Police 5. Police Applicant Background 6. Crime Scene Procedures 7. Administering Freedom of Information Acts 8. Police Records Systems Operations 9. Report Writing 10. Investigative Interviewing for Child Abuse Investigations 11. First Line Supervision 12. Diagnosing/Prosecuting Child Abuse & DNA Evidence Collection 13. Spanish Survival Language Courses 14. , Police Cyclist 15. Dealing with Upset Citizens 16. Responding to & Investigating Sexual Assault 17. Crime Scene Photography 18. Cultural Diversity 19. Gang & Drug Crime Investigations 20. Impression Evidence Class 21. Police-Media Relations 22. Communication Skills - Basic Verbal Judo for Peace Officers 23. Anti-Gang Response 24. Fire/Arson Investigative School 25. Technical Accident Investigation 26. Search & Seizure: O.W.I. Update Class Section 2. Use of Force D. E. F. Other Iowa Jurisdictions Use of Force Comparison Charts - West Des Moines, Polk County, Waterloo, Cedar Rapids, Newton, Dubuque, Sioux City, Ames Iowa City Police Department Use of Force Policy 95-03 Iowa City Police Department Use of Force Policy 91-03 Coralville Police Department Use of Deadly Force Policy Coralville Police Department Use of Less-Lethal Force Policy USE OF FORCE POLICY OTHER IOWA JURISDICTIONS Here is a summary of the use of force policies from various police and/or sheriff's departments in Iowa. There are many common threads found throughout these policy statements as well as unique statements of policy or characteristics. In preparing this summary, we have attempted to identify the most significant elements of a community's police department use of force policy, practices and procedures. The policies vary, that is some are quite lengthy and others far shorter in the narrative portion of the policy statement. Some use graphics and others rely substantially on narrative. Some spell out State Code references while others, by reference, identify sections of the State Code and portions of the U.S. Constitution and case law. The following represents many of the common issues identified in these policy statements. Administrative leave is indicated whereby an officer is relieved of duty assignments, with pay, while an investigation occurs following the use of deadly force. The language may vary, but administrative leave is a commonly accepted practice. Legal disclaimers are found in a number of the policy statements, indicating the adoption of the policy is intended for internal consistency and is not to be construed to expand any third party or citizen's rights above those rights established by state and federal law. 3. All use of force policies prohibit warning shots. The ILEA training curriculum identifies a use of force continuum. This continuum is found throughout the policy statements that were collected, and describes that a level of force can be applied in various circumstances. In some instances, the policy uses a narrative to describe this continuum, while in others it is demonstrated graphically through the use of charts and other visual representations. Iowa City uses a graphic representation of the continuum in its 1995 version, plus a video training process. The 1991 version used narrative. Most policies require some type of formal report when deadly force has been used, as well as a formal investigation of the incident. Most policies view the display of an armed weapon as a "use of deadly force". o General language is identified that states the exercise of force is substantially at the discretion of the officer based upon the specific facts and/or circumstances confronted by the officer. Some of the following characteristics used in these "use of force" policies stand out. They are: West Des Moines "The Chief of Police and/or designee will review all reports and incidents of force annually. A review of reports and incidents of force could reveal patterns or trends that indicate training needs and/or policy modifications". "The Chief of Police or his designee shall decide whether the DCI or any other outside agency shall be called to assist in the investigation". "The officer shall not discuss the case with anyone except the prosecuting attorney and designated police personnel. This does not prohibit the officer from discussions with his attorney. The officer is encouraged to discuss such matters with post-traumatic counselors". Dubuque Drawing and Display "Pointing a weapon at another person is not a use of deadly force and does not require that justification for use of deadly force exists, but it requires a reasonable expectation that such justification is imminent." "A written report will generally not be required in instances where an officer has drawn his/her weapon as a safety precaution only, such as during a building search." Cedar Rapids 3 Reasonable and Necessary Force "The decision to escalate, de-escalate, or skip steps on the force continuum...based on special circumstances." "Special circumstances are defined as occurrences that are unique to the situation that require a higher or lower force response than would 'normally' seem justified, including: 1. Sudden unexpected assault. 2. Officer's physical positioning. 3. Officer's reasonable perception of threat. 4. Subject's ability to escalate force rapidly. 5. Special knowledge about the subject. 6. Officer's injury or exhaustion." "The individual officer involved in the confrontation will have to make these 'use of force' decisions based on the circumstances that are present at that time." Sioux City "The use of force report is strictly an internal management document. As such, copies of the report shall not be attached to incident report...shall not be released in whole or part...outside of the Sioux City Police Department. Waterloo "A shooting review board shall be convened...to examine all facts and circumstances surrounding the shooting incident." "The decision to use reasonable force, including deadly force shall rest solely with the individual employee's judgment." "Use of deadly force only after announcement/identification as a police officer." Polk County "Use of force reports will be turned in prior to end of the employees' work shift. The use of force reports will be forwarded to the chief deputy. No copies will be made (emphasis is theirs)?' This includes display of firearms. "Except for maintenance or during training, sheriff's deputies shall not draw or exhibit their tirearms unless circumstances create reasonable cause to believe that it may be necessary to use the weapon in conformance with this general order." "Color photographs will be taken of a subject any time physical force is used to control a subject." An annual report of use of deadly force incidents will be made by the sheriff and made available to the public. Ames Excessive Force Policy regarding Non-Violent Civil Rights Demonstrations. Ames police officers shall protect individuals engaged in non-violent civil rights demonstrations from the use of excessive force by law enforcement personnel, and shall enforce state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations. Newton Display of firearm or use of nonlethal force must be noted on incident report. Coralville Drawing or exhibiting a firearm. Nothing in this general order shall prohibit the exercise of the officer's discretion when he/she feels the level of danger to him/herself or others justifies drawing his/her weapon. 5 The 199! and 1995 versions of the Iowa City policy on the use of force attached. As noted the 1991 policy is substantially narrative while the newer policy is a graphic representation. The complete text of the City of Coralville is included. The Johnson Counb,_, Sheriff would not provide their use of force policy. mg~uselorc. ~8 · :~ - ~-.~o ~ ~ m" o ~'~ ~:.~ o ~ m ~. ~ ~ ~ ~ m o~ 0 ~ m ~ mu ~_. = : .~ =mm · ~ ~ ~-~ 5'! 8 ,R a& o'-- ~ ~=m ~<o~ ~-~ -.-. o- -S ~ ~ ~ 0 =_~ m~ --~0 ~ ~=. ~ ~. ~ o · x = _~ ~. ~. ~m =~ d _~ ~-- m o ~ ~.o _. ~= ~ o = 5'~m = .... < ~ ~ ~o o~ & ~. ~.e ~ = ~eo;] 8o~ ~: g~ ;o~ ~'=. - o ~O-o -. ~ o~c' g - = o ~ =~ ~ ~' ~.e 5'~= -'~ 0 ~ ~'~ ~ ~. ._. :i ~ ~ 03om ' [ ~ ~ _o-~ ~ · ~ - -. - ~ : · mo ~ m..., o- ~. m~ _o' ~' _o.'~; ~_'~ o ~o o ~.~.~ ~ ~ ~0 ~ ~ ~0 ~ --5' ~ o ~' ~ IOWA CITY POLICE DEPARTMENT General Order 95-03 SUBJECT Use of Force DATE OF ISSUE 05-08-95 AMENOS REFERENCE INDEX AS: Force Management Levels of Force Use of Force Use of Force Models SE£7'lOff OPS-03 EFFECTIVE OA TE 05-08-95 CAff£ELS 91-03 D/SIR/BUT/Off C PURPOSE.' The purpose of this order is to establish the professional philosophy and practices of the Iowa City Police Department relative to proper force utilization in the officer's performance of service to the community of Iowa City. This order consists of the following numbered sections: II. III. IV. V. VI. Principles Utilization of Force Documentation of Force Investigation of Use of Force Force Protocols Effective Date OPS~03.2 PRINCIPLES A. Officers of the Iowa City Police Department will use only that force which_ is reasonably necessary in conformity with the statutes and constitutions of the State of Iowa and the United States. Ill. IV, UTILIZATION OF FORCE Ao Force utilization shall be consistent with Force Management Program founded upon the Iowa City Police Department's Use of Force Model (see attached). Officers of the Iowa City Police Department must generally employ the tools, tactics, and timing of force utilization consistent with the Moclel's proscription and training protocols. Due to the fact that officedcitizen confrontations occur in environments that are potentially unpredictable, "tense, uncertain, and rapidly evolving" (Graham V. Connor, 490 U.S. 386, 1989) the Officer may utilize tools, tactics, and timing outside the parameters of the Model. However, these applications for force must meet the same test of reasonableness as those which have been previously identified and approved by the department. DOCUMENTATION OF USE OF FORCE Officers shall document force utilization inclusive of Level II and above, and with the application of any restraint devices. This report shall be made within a reasonable time following the actual force utilization and forwarded to the Captain in charge of Fieid Operations. Any confrontation resulting in medical attention to either the officer or the citizen shall follow departmental protocols. INVESTIGATION OF USE OF FORCE Ao An investigation of a use of force incident shall follow departmental guidelines pertaining to officer rights and privileges, rules of privacy, special assignment criteria, etc. OPS-03.3 FORCE PROTOCOLS The following Model components and force correlations are approved by the Iowa City Police Department: LEVEL I Reasonable Officer's Perception of Subject Behavior - Compliant Reasonable Officer's Response -Cooperative Controls Functional Profile - Level I Training Protocols -Level I LEVEL II Reasonable Officer's Perception of Subject Behavior- Resistant (Passive) Reasonable Officer's Perception of Response - Contact Controls Functional Profile - Level II Training Protocols -Level II LEVEL III Reasonable Officer's Perception of Subject Behavior -Resistant (Active) Reasonable Officer's Response -Compliance Controls Functional Profile- Level III Training Protocols -Level III LEVEL IV Reasonable Officer's Perception of Subject Behavior -Assaultive (Bodily Harm) Reasonable Officer's Response -Defensive Tactics Functional Profile - Level IV Training Protocols -Level IV LEVEL V Reasonable Officer's Perception of Subject Harm/Death) Reasonable Officer's Response -Deadly Force Functional Profile - Level V Training Protocols - Level V Behavior Assaultive (Serious Bodily VI. EFFECTIVE DATE The effective date of this order is 8 May 1995. OPS-03.4 ~.J. WINKELHAKE CHIEF OF POLICE DISTRIBUTION: All units, sworn and civilian personnel. I have read the above order and fully understand it. Signature Date Cooperative Control. s USE OF FORCE MODEL - FUNCTIONAL PROFILE COMPLIANT MENTAL PREPARATION LEVEL COOPERATIVE CONTROLS .... '~'Pemepti0n Skills' ,~ Risk Assessment · -~ Survival Orientation IHANDCUFFING TECHNIQUE .... ' ~ Controlled :i:':i: ::'i; ::.. J SEARCHING TECHNIQUEs ,,+ Wall · .,,+ Standing -+ Prone -~ Kneeling SPECIALIZED SEARCHING TECHNIQUES i(~,NINE OPERATIONS ARREST TECHNIQUES -,~ Opposite SeX ' · -~ Frisk ,,+ Strip -+ '~ Single Officer -+ Team Tactics [ ......... ' '"~:':::':Single'Officer ....::: :' ESCORT CONTROLS -~ Multiple Officer USE OF FORCE MODEL - FUNCTIONAL PROFILE RESISTANT (Passive) LEVEL II CONTACT CONTROLS ENFORCEMENT ELECTIYESI CONFLICT MANAGEMENT TECHNIQUES Single Subject ':::' Multiple Subjects L__ Arm Wrist Hand ARREST TACTICS ': ::-+ :MASS FORMATION Escort Techniques Transport Techniques USE OF FORCE MODEL - FUNCTIONAL PROFILE RESISTANT (Active) LEVEL III COMPLIANCE TECHNIQUES ENFORCEMENT ELECTIVES: '1' & II .......... I COMPLIANCE CONTROLS Nerve Compression Techniques Chemical Irritants Control Tactics r ....... ..e Head· w Neck Nerve Compression Techniques: Neuro-Muscular Controls ~ Arm , -+ Leg_j w Wrist Rotation ..C..o.,.tro! .T..a....c..t. ic.-~.; .........· ..........................· .. ~ .......E.!_b...o.w....L..e....v..B.r.a.ge ................. ~ PR-24, 26" OTHER WEAPONS '-~ Straight Baton ~ Bicycle :.-~' Leverage w Pain Compliance .................................................. "'-'-:-~'W- Leverage: Straight gat..o.ni' ..................:..: ...........'.... :..: ...........· ............~. ............P.a!.n.. C_?_m..p..!!.a...n.c..e. ..................... :Bicycle; ........................ ?.. ...........T_ak.e.. D._o_w..n_ .T.e. chni§..u...e._s...; ICANINE OPERATIONS ....' , -~ 'Apprehension of Felons VEHICLE PURSUIT TACTICS · Communication/Assessment S'k!!ls Pacing/Trailing Techniques Controlled Stopping Devices USE OF FORC£ MODEL - FUNCTIONAL PROFILE ASSAULTIVE (Bodily Harm) LEVEL IV DEFENSIVE TACTICS ENFORCEMENT ELECTIVES: I, II, & III PERSONAL WEAPON DEFENSES Head Hands Elbows Feet Knees i IMPACT WEAPONS PR-24, 26", ASP) Blocks Strikes Jabs OTHER WEAPONS ' Canine Operations ]azer Other Options Canine Operations: -~__ Bar',o'Hoid .... ~:, !WEAPON RETENTION' TECHNIQUES (Non-Lethal) Front Rear SPECIAL ORDER 96-01 TO: FROM: RE: DATE: All Sworn Personnel R. J. Winkelhake, Chief of Police Use of Force Model January 9, 1996 General Order 95-03, Use of Force, issued 5~8~95 includes a Use of Force Model - Functional Profile with a heading of Deadly Force. (Last page of the Use of Force Model). The sheet lists warning shots as a forcible stopping technique under other options. Warnin_q shots are not an option for Iowa City Police Officers. Place this revision between the pages with the heading entitled Defensive Tactics and Deadly Force. Warninq Shots are prohibited by members of the Iowa City Police Department. Deadly Force' USE OF FORCE MODEL - FUNCTIONAL PROFILE ASSAULTIVE (Serious Bodily Harm/Death) LEVEL V DEADLY FORCE L ENFORCEMENT ELECTIVES: I, .11, :111,. & IV ATTACK DEFENSE Weapon Weaponless' Weapon Retention Techniques (Lethal) LETHAL FORCE UTILIZATION t_ Service .Weapon Supplemental Weapon Other Options Other Options: w Contact Forcible Stopping Techniques' -~ Roadblock .,.~ IOWA CITY POLICE DEPARTMENT General Order 91-03 SUBJECT USE OF FORCE SECTION CODE OPS-03 DATE OF ISSUE February 11, 1991 EFFECTIVE DATE Februaw 18, !99! AMENDS CANCELS All Previous Orders in Conflict REFERENCE DISTRIBUTION A!! P~r~onnel iNDEX AS: Deadly Force Department Authorized Weapons Range Program Use of Force Weapons Qualifications PURPOSE: The purpose of this order is to provide clear procedures to sworn officers of the Iowa City Police Department regarding the use of rome in the performance of their duties. It is also the purpose of the Department to specify weapons which shall be issued or authorized for use by members to establish and implement programs and procedures to ensure the proficient, responsible and safe use of those weapons. All swom members are responsible for knowing and carrying out the provisions of all General Orders. This order consists of the following numbered sections: II. III. IV. V. Vl. VII. VIII. IX. X. Xl. Definitions Value of Human Life Use of Force Reasonable Force Levels of Force use of Deadly Force Use of Non-Deadly, Physical Force Fleeing Felons Policy Distribution Warning Slots Off-Duty Weapons and Ammunition II. OPS 03.2 Xll. Xlll. XlV. XV. XVI. XVII. XVIII. XlX. XX. XXI. XXll. XXIII. Non-Lethal Weapons Non-Department Issued Weapons Reporting Requirements/Discharge of Firearms Firearms Review Annual Qualifications Authorized Duty Weapons Reporting Requirements/Lethal and Non-Lethal Weapons Incident Review Temporary Removal from Line Duties Animals Protective Gear Effective Date DEFINITIONS. Deadly Force: Force which is intended to cause serious injury, or which the officer could reasonably expect would create the strong probability that serious injury will result, or any instance where a firearm is knowingly discharged by an officer in the direction of some person, excluding a training exercise. Probable Cause: In reference to the use of deadly force, probable cause means facts and circumstanc- es then known to the officer which would cause a reasonably prudent officer in similar circumstances to believe a suspect poses a threat of serious physical harm, either to the police office or to others, Serious Physical Harm: Bodily injury which creates a substantial risk of death or which is likely to cause serious permanent disfigurement or loss or extended impairment of the function of any bodily member or organ. Reasonable Force: Any force, including deadly force, reasonably necessary under the circumstances to protect the life or safety of the officer or another, or when it is reasonable to believe that such force is necessary to resist a like force or threat. Reasonable Belief: The belief which a reasonable person, under similar facts or circumstances, would harbor, THE VALUE OF HUMAN LIFE. The value of human life is immeasurable in our society. Police officers have been delegated the awesome responsibility to protect life and property and apprehend criminal offenders. The apprehension of criminal offenders and protection of property must at all times be subservient to the protection of life submitted to the narrowly defined exceptions in this General Order. The officer's responsibility for protecting life must include his own. III. IV. OPS 03.3 USE OF FORCE. ko Members of the Department may use force in the performance of their duties in the following circumstances: 1. To prevent the commission of a breach ot the peace or other unlawful act. To prevent a person from injuring himself/herseif. To effect the lawful arrest of persons resisting arrest or attempting to flee from custody, In self-defense or in the defense of another person. B. The following are factors which may bear on the officer's decision to use force: !. What actions on the part of the suspect justify the use of force? What crime is being or has been committed? 3. Does the situation require the immediate use ot force? REASONABLE FORCE. Police officers must frequently employ the use of force to effect arrests and ensure the public safety. It is not intended that any suspect shoulcl ever be allowed to be the first to exercise force thus gaining an advantage in a physical confrontation. Nothing in this order should be interpreted to mean that an officer is required to engage in prolonged hand-to-hand combat (with all its risks) before resorting to the use of force that will be more quickly, humanely, and safely bring an arrestee under physical control. Officers may use appropriate and reasonable physical force and need not retreat or desist when physical force is necessary to effect an arrest, prevent an escape, or overcome resistance. ao Justification for the use of force is limited to what is reasonably known by the officer at the time. The escalating scale of options does not change the standards which guide the use of discretion in the field. Options range from verbal persuasion to the use of the firearm. LEVELS OF FORCE. When the use of force is necessary and appropriate, officers shall, to the extent possible, utilize an escalating scale of options and will not employ a more forceful measure unless it is determined that a lower level of force would not be adequate, or such a level of force is attempted and actually found to be inadequate. The scale of options, in order of increasing severity, is set forth below.: A. Verbal Persuasion The practice of courtesy in all public contacts encourages understanding and cooperation; lack of courtesy arouses resentment, and often physical resistance. VI. OPS 03.4 Simple directions which are complied with while you merely accompany the subject are by far the most aesirable method of dealing with an arrest situation. Control may be achieved through a(3vice, persuasion, and wamings before resorting to actual physical force. The above should NOT be construed to suggest that officers should ever relax and lose control of a situation, thus enclangering personal safety or the safety of others. B. Physical Strenath Frequently, subjects are reluctant to be taken into custody and offer some degree of physical resistance. Normally, all that is required to overcome the resistance is physical strength and skill in defensive tactics (e.g., come along, wdst lock, etc.). Defensive tactics are those physical tecnniques intended for use when weapons are not available or their use is inadvisable or unreasonable under the circumstances. Officers must ensure that they are capable of utilizing physical skills to subdue a person. Good judgment is extremely important in deciding which tactics to use and how much force to apply. When confronted with a situation which may necessitate the use of physical force, consideration must be given to calling for aaditional officers prior to contact. Officers shall not use unnecessary force or violence in making in arrest or in dealing with a prisoner or any person. Prisoners and suspects shall be treated in a fair and humane manner. USEOF DEADLY FORCE. A. General Policy. Only the amount of force reasonably required to effect an arrest or control of a person shall be used by members of the Iowa City Police Department. The force used by an officer shall only be that which, under the circumstances, appears required to overcome the resistance offered by the offender. o Police officers may resort to deadly force when it appears reasonably necessary to defend himself/herself or others from serious physical harm or death. Before using deadly force an officer will, if feasible, give some warning; 3. Members of this Department shall not unreasonably endanger themselves or the public in applying this policy to actual situations. Prohibitions. i. Deadly force will not be used when less force would be sufficient to effect an arrest. 2. Deadly force will not be used when there is substantial danger of innocent bystanders being injured. VIII. IX. Xl. OPS 03.5 Fidng into buildings, doors, windows, or other openings when the person lawfully fired upon is not clearly visible is unauthorized. Police officers will not discharge a firearm at or from a moving vehicle' except as a necessary measure of self defense or defense of another when the suspect is using deadly force. USE OF NON-DEADLY, PHYSICAL FORCE. Police officers need not retreat or desist from efforts to make lawful arrests because of resistance or threatened resistance to the arrests. Officers are justified in using force which they reasonably believe is necessary to defend themselves or others from bodily harm while making arrests. Force should only be used under the following circumstances: When an attempt is being made to effect an arrest and the suspect refuses to submit to the arrest and resists the officer's report. 2. When officers are defending themselves or other persons from an attacker. 3. When "psychologically disturbed" persons are resisting efforts to be subdued. In any other situation where officers deem it necessary to protect themselves, other persons, or to prevent efforts to defeat an arrest. Force shall not be used in a punitive manner and officers will discontinue its use when the offender(s) stop resisting. FLEEING FELONS. Ao Use of deadly force on a fleeing forcible felony suspect is prohibited unless the officer has probable cause to believe that the use of deadly force is warranted based on the limitations of this general order. POLICY DISTRIBUTION. A. All sworn personnel shall be instructed in the Department's Policies and Procedures regarding the use of force and the use of deadly force before they are authorized to carry a firearm. WARNING SHOTS. The discharge of a firearm for the purpose of a "warning shot" is prohibited without exception. OFF-DUTY WEAPONS AND AMMUNITION. Off-duty weapons by definition are those weapons carried off-duty by Iowa City Police officers for a police purpose consistent with the duties and responsibilities of the police profession. The City will not purchase ammunition for off-duty weapons for use, qualification, or practice. Ammunition will be purchased for department issued weapons only. Carwing Off-Duty Police Weapons. OPS 03.6 The wearing of weapons within the city of iowa City while off-duty is NOT MANDATORY. It is NOT RECOMMENDED that officers carry weapons when off-duty and out of their jurisdiction. No officer should carry a handgun when it is that officer's intention to consume alcoholic beverages. Approval and Registration. Off-duty weapons must be registered with the Commanding Officer of Field Operations. Information required wiii be as follows: make; model; serial number; caliber; and type of operation. Approval of Ammunition. The ammunition used in any we~q~on will be approved by a range officer and the Commanding Officer of Field Operations. E. Criteria. Off-duty weapons must meet the criteria set out in Section Xlil of this General Order. Section XVl explains qualification procedure. NON-LETHAL WEAPONS. A department-approved police baton is the only authorized non-lethal weapon an officer may carry while on duty. B. Officers are prohibited from carrying or using Diackjacks, saps, weighted gloves, bludgeons, metal knuckles, switchblade knives, and nunchuks. C. Officers may carry a pocket ""~+'~ not worn or carried visibly on the gunbelt (basketweave closure-typed pouches are permitted). Flashlights utilized by Department members are for illumination purposes only. Their use as weapons, except in emergency situations, shaii be prohibited. Tearqas Munitions and Equipment. The Department will provide training to specific officers in handling and the use of teargas munitions and equipment. In order to maintain a supply of fresh chemical ordinance materials, all teargas materials will be replaced one year before suggested date. The outdated materials will be disposed of by the Range Officers who will be'responsible for reordefing and disposal. 3. The use of teargas equipment will be determined by command personnel. BatonlNightstick. Officers are allowed to carry the PR-24 (if certified in PR-24s use) for defense and in physical confrontation. o o OPS 03.7 The baton may be used by an officer to subdue a violently resisting subject in self defense or in defense of another if lesser methods have failed or if circumstances warrant its immediate use. When used, the baton's primary purpose is to ward off blows or kicks from an assailant or to restrain resisting or disturbed subjects. The baton shall not be used as a club or bludgeon and it shall not be raised above the head to stdke a blow. Blows delivered with a baton shall be short and sharp and delivered only to those vulnerable areas of the body which will render the opponent temporarily incapacitated but will not cause serious bodily harm. Body areas that should be avoided if possible are: head, neck, throat, armpit, chest cavity, colon, kneecap and elbow areas. Good frontal target areas are: arms, legs, hands, shins, toes and solar plexus. Good rear target areas are: shoulder blade, buttocks, thigh, calf, and Achilles tendon or ankle. The baton may also be used as a barricade or repelling device in crowd control or as a temporary restraining device. Xlll. NON-DEPARTMENT ISSUED FIREARMS. Firearms required by department members for a police purpose which do not meet the duty weapon specifications (identified in Section XVII of this General Order) must pass personal inspection of the Range Officer and the Commanding Officer of Field Operations. Additionally, the qualification procedures outlined in Section XVI of this General Order must be met before authorization to carry such personal firearms off-duty is granted. XlV. XV. REPORTING REQUIREMENTS/DISCHARGE OF FIREARMS. A. A written report must be submitted to the Commanding Officer of Field Operations by any member who discharges a firearm for other than training or recreational purposes. B. The reporting guidelines identified in Section XVlII of this directive are to be followed: FIREARMS PROFICIENCY. Only Department members demonstrating a proficiency in the use of authorized weapons will be allowed to carry them. (See Section XVI of this General Order.) A. Supplementary Weapons - Shot.quns. A shotgun may be issued to each squad car and to any personnel as deemed necessary by command personnel. The shotgun when issued shall be secured in the shotgun rack provided. XVI. OPS 03.8 1. General Provisions: The Department will provide the training for all officers in firearm safety and use of the shotgun. 'The shotgun is not intended to replace tl~e otticer's weapon, but should be considered a supplementary weapon for use as particular situations dictate, e.g. searches for known feions, stakeouts, building searches, etc. &mint ~Mifinn. The only ammunition provided for duty will be that specified by the Depart- ment. When carried in the police vehicle, the shotgun will be loaded with six rounds. No rounds will be carried in the chamber. 3. Loading and Unloading: At the termination of any situation which required loading a round in the shotgun chamber, the officer will: a. ~,,emove all rounds from the magazine, then remove the round from the. ,~,j~ ~ L ,.,,~,,,m~er. b. Shotgun shells are to be removed from the loading tube by depressing the tube stop rather than pumping rounds through the chamber. c. With the action closed and the safety on, reload the magazines. Range Officers will periodically conduct training sessions in the use of a shotgun. ANNUAL QUALIFICATIONS. Firearm Training and Qualification Pro.qram. A. General Requirements. i. All sworn members will qualify to departmental standards on firing courses. 2. The qualification year Will be divided into quarterly qualification periods. 3. All weapons qualifications will be based on combat courses designed by departmental range officers. 4. Sworn officers will be required to qualify quarterly. Shotgun qualifications must be accomplished twice annually. Off-duty weapons qualifications as well as qualifications of the tactical situation shooting courses will be done on an annuaJ basis according to a schedule determined by the range officers and approvea by the command staff. Unless otherwise specified in this General Order, officers will qualify using practice ammunition provided by the department. o OPS 03.9 Only officers demonstrating proficiency in the weapons by meeting the requirements of the shooting courses will be allowed to carry the weapon. These "general requirements" are to be followed unless otherwise specified by the Commanding Officer of Field Operations. Reporting Procedures - General: Range officers are to forward qualification scores to the appropriate watch commander for signature and review. The watch comma, nder in turn will forward the score sheets to the-Commanding Officer of ~eld ~perations for his review before final inclusion in the officer's training file. Responsibilities. 1. Range Officer: Provide training, technical assistance, weapons inspection, range qualifications schedule, practice ammunition and other services relating to the shooting qualification program which are consistent with the position description of the range officer and the goals of the shooting program. be Maintain a log in which a chronological accounting of the officer's practice times, qualification attempts and shooting difficulties are documented. Complete a weapons qualification report whenever an officer qualifies on a course of fire as designated in this General Order. Notify the appropriate watch commander of any watch officer experi- encing difficulty in qualifying and consult with the watch commander to determine the training measures needed to develop to departmental standards the shooting ability of the officer in question. Notify the appropriate watch commander of any officer who fails to qualify. Forward the completed weapons qualification reports to the appropriate watch commander. Explain and have officers sign a copy.of the Iowa City Police Depart- ment pistol range rules and regulations. Signed copies are to be forwarded by the range officer to the Commanding Officer of Field Operations. Watch Commander: Assign dates and times for weapons qualification in coordination with the range officer. Review the range officer's log on a quarterly basis to determine which officers need additional training and initiate appropriate training measures. XVI!. XVIII. OPS 03.10 c. Review, sign and forwar~l completed weapons qualifications reports to the Commanding Officer of Fieicl Operations, d. Coordinate shift weapons qualifications efforts with the Commanding Officer of Field Operations. 3, Commanding Officer of Field Operations: a. Review the range officer's log on a quarterly basis to determine which officers need a(~ditional training and to initiate appropriate training measures. b. Review initial ancl log completed weapons qualifications scores in a binder to be maintained in the watch commancler's office. c. Complete and maintain shift weapons qualifications summary sheets in a binder to be maintained in the watch commander's office. Review completed Iowa City Poise Dep.~ment p~_,toi range rules and regulations and forward them to'~upport ~ervices ~ivision for inclusion in the training file, e. Review all$iualifica~on reco~s at the end of the qualification year and transfer to~upport 'iervices '~ivision for inclusion in the training files, f. Notify in writing within five days after quarterly qualification deadline dates those officers who have failed to qualify that they have ten, days from the receipt of notification to quality. Constantly review the weapons qualification program and make changes as necessary to ensure that it achieves training and qualifica- tions standaras consistent with current legal requirements. AUTHORIZED DUTY WEAPONS, A. Primary Duty Weapons. Only weapons and ammunition meeting department authorized specifications may be used while on duty. REPORTING REQUIREMENTS/LETHAL AND NON-LET. HAL WEAPONS. A wdtten report by the officer to his/her immediate supervisor is required in the following instances: I. A training officer discharges a firearm other than in training. 2. An action by an officer results in an obvious injury to either himself, the person(s) arrested or others. An officer applies any force through the use of non-lethal weapons. XXl. OPS 03.11 An action by'an officer results in death. The Commanding Officer of Field Operations will be notified at the earliest opportunity by the Watch Commander in the event of any of the above situations occurring. A.2 and A.4 requires immediate notification. For the purposes of this General Order, a police case report of the incident will suffice as the required written report unless the Watch Commander or the Commanding . Officer-of Field Operations require additional reports from the officer(s) involved. Reports that are submitted must contain sufficient information for the Commanding Officer of Field Operations to review the circumstances of the event. The type of force and the manner in which it was used must be descn13ed in detail. An interoffice memorandum prepared following the instructions of the Commanding Officer of Field OI3erations is required when an action by the Police results in serious injury orl~eath. The Commanding O~cer of Field Operations will conduct a thorough review of the incident and report the findings and conclusions of the review to the Chief of Police. In the event that any of the instances cited above occur while the officer is off-duty, he/she shall make immediate r~tification to the on-duty watch commander at the department. The on-duty ~atch eommander will gather pertinent facts and information and make the necessary notifications as cited above. INCIDENT REVIEW. For those incidents that occur wherein the application of force through the use of a firearm was used by department personnel, a further review may be initiated by the Chief of Police in addition to the reporting requirements of Section XIV. The Chief of Police may choose to convene a shooting review board. The shooting review board will consist of the Police command staff. The Board will review the facts and circumstances surrounding the incident and make a recommendation to the Chief as to whether or not the use of deadly force was reasonably justified under the circumstances. TEMPORARY REMOVAL FROM LINE DUTIES. Any officer whose use of force results in death shall immediately be removed from any line duty assignment pending administrative review of the incident. ANIMALS. The killing of an animal is justified for the following reasons: Self defense. To prevent substantial harm to the officer or another. When the animal is so badly injured that humanity requires its relief from further suffering. When allowed and/or directed by Iowa law. A seriously wounded or injured animal may be destroyed only after all attempts have been made to request assistance from other agencies responsible for the disposal of such. animals. OPS 03.12 XXlI. PROTECTIVE'GEAR. Ae Protective Masks. ~.¢ 1. Protective masks protect the-feet, eyes, and respiratory system of the wearer from field concentration of chemical riot control agents ONLY. The masks DO NOT protect the wearer against hazardous materials, ammonia, or carbon monoxide fumes, nor are they effective in confined spaces where the oxygen content of the atmosphere is too low to maintain functional capabilities. B. Helmets Protective helmets will be worn upon the authorization of a department supervisor. XXlII. EFFECTIVE DATE The effective date of this order is t~az:ch ].2, ].991. R.J. ~/INKELHAKE CHIEF OF POLICE DISTRIBUTION: All units, sworn and.civilian personnel. I have read the above order and fully understand it. Signature Date The Use of Deadly Force C-300 04-12-95 04-24-95 All Officers All Previous Orders In Conflict I. PURPOSE This General Order is intended to guide an officer before the fact in approaching a critical situation and not merely to assist in assessing the liability after the fact for a critical situation gone awry. The decision to use deadly force shall rest solely with the officer's individual Judgment. Officers should consider that in the use of deadly force, they can be legally right, but in some instances, they may be morally wrong. For this reason, officers should always be aware that their judgment decision to use deadly force may be challenged at any time. II. DEFINITION A. Deadly Force, Iowa Code 704.3 I. Any force used for the purpose of causing serious injury. Force which the officer knows, or reasonably should know, will create a strong probability that serious injury will result. The discharge of a firearm in the direction of another person with the knowledge that the person is present, even though there is no intent to inflict serious physical injury. The discharge of a firearm at a vehicle in which there is known to be a person. III. POLICY Ae The Coralville Police Department recognizes that the value of human life is immeasurable and that the use of deadly force must be strictly controlled and used only as a last resort. Officer have been delegated the awesome responsibility to protect life and pro- General Order C-300= The Use of Deadly Force perry, and apprehend criminal offenders. However, the latter shall always remain subservient to the protection of life. The department further recognizes that the responsibility for protecting life must include that of it's officers as well. IV. PROCEDURE A. An Officer is Authorized to Use Deadly Force= To protect him/herself or others from what he/she reasonably believes to be an ia~a. ediate threat of death or serious bodily harm. To effect the capture or prevent the escape if the officer rea- sonably believes that the suspect has committed a felony in- volving the use or threatened use of oeadly force, AND the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others. When legally ordered or authorized by a commanding officer. When justified, officers shall fire their weapons to stop and incapa- citate an assailant from completing a potentially deadly act as de- scribed above. For maximum stopping effectiveness and minimal danger to innocent bystanders, the officer should shoot, if possible, at "center body mass." No distinction shall be made relative to the age of the intended target of deadly force. Self-defense and imminent threat shall be the only policy guidelines for employing deadly force. De An officer is not justified in using his/her firearm to fire a w~rning shot. Officers are prohibited from discharging firearms when it appears likely that an innocent person may b~ injured. V. DRAWING OR EXHIBITING FIREARM ao Nothing in this General Order shall prohibit the exercise of the o~ficer's discretion when he/she feels that the level of danger to him/herself or others justifies drawing his/her weapon. This discretion would allow the officer to be prepared for the potential to use deadly force if justified. However, officers should, at all times, be aware that the unne=e~sary or premature drawing of his/her firearm: I. Limits an officer's alternatives in controlling a situation. 2. Creates unnecessary anxiety on the part of citizens. Increases the possibility of unwarranted or accidental dis- charge. 2 General Order C-300= The Use of Deadly Force When an officer has determined that the situation no longer poses a potential risk, he/she shall, as soon as possible, secure and holster the weapon. DISCHARGE OF FIREARMS - REQUIRED REPORTING A® Any officer who discharges a firearm accidentally or intentionally, while performing any police function, shall make a verbal report to his/her immediate supervisor as soon as circumstances permit and shall further file a written report through the chain of command to the Chief of Police. Any time such discharge of a firearm is for the specific purpose of shooting or shooting at another human being, the supervisor and Chief of Police shall be notified immediately or as soon as circum- stances Permit. Ce In all situations of firearms discharged as described in Section VI.A. or VI.B., a complete and detailed case investigation report shall be submitted prior to the end of the officer's shift unless extenuating circumstances prohibit it, and the officer has super- visor's approval to delay reporting. In all cases, any officer having knowledge of, or witnessing any circumstances connected with the incident, are also required to submit detailed reports. By Order Of= Barry W. Bedford, Chief of Police The Use of Less-Lethal Force C-301 04-12-95 04-24-95 All Officers All Previous Orders In Conflict I. POLICY Officers are daily confronted with situation where control must be exercised to effect arrests and to protect the public safety. Con- trol may be achieved through advice, warnings, persuasion or by the use of physical force. While the use of reasonable, physical force may be necessary in situations which cannot be otherwise controlled, force may not be resorted to unless other reasonable alternatives have been exhausted or would clearly be ineffective under the parti- cular circumstances. Officers are permitted to use whatever force that in reanonable and necessary to protect others or themselves from bodily harm. II. AUTHORIZED LESS-LETHALWEAPONS A. Oleodrin Capsicum (OC) spray - See ~eneral Order %C-306. B. Side Handled Baton - See General Order %C-307. !II. PROCEDURE The application of force through the use of lens-lethal weapons, or the application of physical force, shall be documented in detail on a case investigation report by all officers having knowledge of or witnessing any circumstances connected with the incident. A reportable use of force incident is defined as an incident in which an officer uses a less-lethal weapon or physical force to~ 1. Compel a person to comply with an officer's directions~ or Overcome resistance by a suspect during an arrest or a deten- tion~ or 3. Defend himself or another pernon from an aggressive action by General Order C-301: The Use of Non-Lethal Force a suspect. B. Exceptions to this reporting requirement are= The mere display of a less-lethal weapon. The use of firm grip control only, which does not result in injury. 3. Minor physical force necessary to overcome passive resistance. The unjustified use of less-lethal weapons or excessive physical force on the part of any officer will not be tolerated and may be grounds for disciplinary action or termination. Do Any injuries or suspected injuries to a suspect, known by the officer, are to be given prompt attention by the officer as soon as the situation stabilizes. Immediate notification of the shift .upervisor will be required in all cases, and additional notification of the Chief of Police is required in those cases resulting in significant injury or hospitalization. No officer shall carry or use any non-authorized weapons while on duty. The use of saps, sap gloves, pocket billies, standard straight batons, brass knuckles or any type of striking instrument is prohibited. The use of stun guns, tasers or any other electronic control device is prohibited. The department recognizes that knives 'carried by officers on duty are routinely used as a tool, but in certain emergency situations could be utilized as a defensive weapon. Their use or display against an assailant is prohibited unless no other means of defense is feasible, and the circumstances regarding the threat are such that a deadly ~orce application would apply. Only those knives approved by the department are to be carried on duty; these include, but not limited to: a pocket knife, a folding blade knife concealed in a case on the duty belt, or a properly secured and concealed boot knife. The department recognizes that a flashlight may be used in certain emergency situations as a defensive weapon; if used in that capacity, every effort should be made to avoid direct blows to the region above the armpits of the assailant, unless the circumstances regard- ing the threat are as such that a deadly force application would apply. By Order Of: Barry W. Bedford, Chief of Police Section 3. International Association of Chiefs of Police - Model use of Force Policy INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE USE OF FORCE -MODEL POLICY You will note our interest in the iACP Use of Force model policy. We believe it to be a well- written, plain English version and will be encouraging ~ts use in the future. Relevant portions of International Association of Chiefs of Police (IACP), "Use of Force" Model Policy. [Note especially the first three pages of Use of Force Model.] On the first page of the IACP "model policy", Section IV on procedures breaks down the parameters for use of deadly force, as well as the parameters tor use of non-deadly force. Section A, enbtled "Parameters for Use of Deadly Force," reads: "2. Before using a firearm, police officers shall ~dentify themselves and state their intent to shoot, where feasible? "4. Police officers s~ai, adhere to the following restrictions when their weapon is exhibited: Except for maintenance or during training, police officers shall not draw or exhibit their firearms unless circumstances create reasonable cause to believe that it may be necessary_ to use the weapon in conformance with this policy." [emphasis added] Note: In plain English, this means loaded sidearms should not be exhibited/displayed in the absence of facts whi_qh_ will necessitate use of deadly force (which use is limited to preventing escape of fleeing felons o~r where objective evidence exists that significant risk/threat of serious injury to officer or other person is present). Also take note that the written materials from the International Association of Chiefs of Police (IACP) is much more sophisticated in stating the constitutional law in plain English, and 2 generally in dealing with establishing procedures that comply with constitutional requirements, see pp. 1-2, "Use of Force" IACP. The IACP stresses training as a key element that is sometimes missed, and we agree with this IACP emphasis, see p. 2. Finally, a policy discussion needs to take place by the City Council as to the standard for display of weapons: "reasonable cause" or probable cause to believe deadly force will be needed," see p.4. m§r~model USE OF FORCE SECTION i FORCE Model Policy £.f/eaive l~te December 1, I~)$ Use of Force Deadly Force, Non-deadly Force, Firearms, Non-Lethal Weapons -Distribution Re~ouluation Date December 1, 1996 Number Special Instructions ~o. 2 II. PURPOSE The purpose of this policy is to provide police officers with gmdeimes on the use of deadly and non-deadly force. POLICY Tl-ds department recognizes and respects the value avxt spe- ~ integrity of each human life. In vesting police officers with the lawful authority to use force to protect the public · ,eftare, a careful balancing of all human interests is _,quired. Therefore, it is the policy of this department that police officers shall use only that force that is:l~X{o'~'fuibllP ' necessary to effectively bring an incident under control, while protecting the lives of the officer and others. III. DEFINITIONS A. Deadly Force: Any use of force that is likely to cause death or serious bodily harm. B. Ntm-O_a~dly Force: Any use of force other than that ~t6ch is considered deadly force. PROCEDURES A. ?arameters for use of deadly force: 1. Police officers are authorized to use deadly force in order to: ,~ Protect the police officer or others from what is rcasonabls' believed to be a threat of death or seri- ~,~ bodily harm; or, b. Prevent the escape of a fleeing felon whom the officer has probable cause to believe will pose a significant threat to human life should escape 2. Before using a firearm, police officers shall identify themselves and state their intent to shoot, where lea- . sible.. 3~ ^ Police officer may also di?char§e a weapon under the following circulm,. tances:, a. During range practice or competitive sporting events. b. To destroy an animal that represents a threat to public safety, or as a humanitarian measure where the animal is seriously injured. 4. Police officers shall adhere to the following restric- tions when their ~apon is exhibited: a. Except for maintenance or during training, police officers shall not draw or exhibit their firearm unless "~,ces create reasonable cause to believe that it may be necessary to use the weapon in conformance with this policy. b. Warning shots may be fired in an effort to stop a person only when the officer is authorized to use deadly force and only if the officer reasonably believes a warning shot can be fired safely in light of all circumstances of the encounter. c. Decisions to discharge firearms at or from a mov- ing vehicle shall be governed by this agency's use- of-force policy and are prohibited if they present an unreasonable risk to the officer or others. B. Parameters for use of non-deadly force: 1. Where deadly force is not authorized, officers shall use only that level of force on the force continuum that is reasonably necessary to de-escalate the ind- dent and bring it under control. 2. Potice officers are authorized to use department- approved non-deadly force techniques and issued equipment for resolution of incidents as follows: a. To protect themselves or another from physical harm. b. To restrain or subdue a resistant individual. c. To bring an unlawful situation safely and effec- tively under control. C. Training and qualifications: 1. Deadly weapons: a. While on- and off-duty, police officers shall carry only weapons and ammunition authorized by and registered with the department. b. Authorized weapons are those with which the police officer has qtii'Efied and: rt;ceived depart- mental training on proper and safe usage, and that are registered and comply with departmental specifications. c. ,,'r1'fis law enforcement agency shall schedule regu- Lar training and qualification sessions for service weapons, and back-up and specialized weapons, d. Firearrns qualification will be graded on a pass/fail basis. e: Police officers who fail to receive a passing scoff with their duty weapon(s) in accordance with department testing procedures shall be relieved of their police powers and inunedlately reassigned to nonenforcement duties. L A police officer shall not be permitted to carry any weapon with which he has not been able to quali- fy during the most recent qualLfication period. g. A police officer who has taken extended leave or stiflered an iJlness or injury that could affect his firearms ability will be required to requalifv before returning to enforcement duties. 2. Non-deadly force weapons and methods: a. A police officer is not permitted to use a non-dead- ly weapon unless qualified in its proficient use as determined by training procedures. b The following non-deadly weapons are author- .(Departmental List) D..Reporting uses of force:, 1. A written report prepared according to departmental procedures will be required in the following situa- Lions: a. When a F~rearm is discharged outside of the firing b. When a use of foree~'esults in. death or mlury. c, When a nonlethal weapon is used on a person. 2. A supervisor will be Lmmediately summoned to the scene and will comply with investigative procedures as required by the department in the following situ- ations: a. When a firearm is discharged outside of the firing range. b. ~en a use of force results in death or serious injury. c, When a subject complains that an injury has been i~'licted. d. When misconduct is alleged or suspected, E. Departmental response: 1. Deadly force incident a. Where a police officer's use of force causes death, the officer shall be placed on admmistrauve leave aher completing all i~ternal investigative require- ments, and until it is determined by a mental heaith professional that the police officer is ready to rerum to duty,. b. The department shall conduct both an administra- tive and criminal investigation of the incident. 2. Administrative review of critical incidents: a. All reported uses of force will be reviewed by - appropmte departmental authority to determin~ whether. · departmental rules, policy, or procedures were violated, · the relevant policy was dearly understandable and effective to cover the situation, and · department training is currently adequate. b. All findings of policy viola '~u0m or .~.tni~ '__g inade- quades shall be' 'repOrted-~6~-the~ appropriate unit for resolution and/or discipLi~..,;. c. All use-of-force incident reports shall be retained as required by state law. d. There w~ be a regular rewew of use-of-force inci- dents by the appropriate departmental authority to ascertain training and policy needs. e. An annual summary report of use-of-force inci- dents will be published andmade available to the public. WARNING This dLR, c~ve is for department~ use only and does rot apply in any cnmma] or civil pmceecling. The depazl~nent policy shouJd not be consm~-,d as a c~ea~rt of ~r,~ legal standard of s~ or ca~ in an evadenear/:ev,.~ w~t~ ~pect m third- p~, ~Ums. 1/ioianom of this c[ir~cnve wall only form t~ barns for ~:~xnemal 11us i~mlect was suppo~,d by Grant No. 87-SN-CX-KO77 awa. rd~ by ~e Bureau oI Jus~,~e Assism~e, Office of Jmuce Programs, U.S. Depamneni of Justice. The A.~,sislan! Attorney General. Of~ce of Justice Progran~, coo~tmal~ ~e actiwfies of ~ following prognzn off~c~ and bureaus: th~ Bu.,~au of Just~ae Ass~mr~e, the Bureau of justic~ .~amtic~. National Ins~tut~ of Justice, C)ff~e of Juvenile Just~z~ at~ ~,.~B,"~a~"y Prevention. and the Offic~ of V'~cum~ of Cva'n~. Poino of v-z.w or opmiom in ttus document ~ those of th~ author ~:[ do not ~.p~seni thz off~i~l p~mon or ~ of d~ Um~ $~m Depamnent of Jus~t~ Ev..~/efior~ ~ been made by ~ LACP NaUcmal Law En~o~:mm, nt Policy C.4mt~r · ?.~ff u~d adv~on'. boa~ to ensure that th~ model policy tr~orpo~es ~ mo~t cur- R, nt ~orm,aeioll a~[ co111~empon/'~ pm~io~t.J iudg~en~ on d~, mue. However, law ~m~n2~n~nt admm,ts~'amrs sho~Jd be ouUoned that no ~model' ~ ~ ~ ~11 I~a need~ oi: ,my g~ven i~w en.~or'~mznt age, nov. E. ach I,~w en, Jo~t a..em'~v operates m a uraque envu'om'nent o~ ~ co~ v'~, s~ ~. ]~ ~, ~om, ~u~od ~d a~a~ve d~ ~ ~ve b~- ~-~nl a~en~ ~ must ~ ~de~. ~ addnor.. h~ ~uon ot ~ ~g o~r ~. IACP National Law Enforcement Policy Center Use of Force Concepts and Issues Paper Originally Published: February 1,1989 Revised: December 1,1995 !. INTRODUCTION A. Purpose of the Document This paper is designed to accompany the Model Policy on Use .~: Force established by the IACP National Law Enforcement ?oiicv Center. The paper provides essential background matefl- exi and supporting documentation to provide greater understand- ~n- of the developmental philosophy and implementation ~aqu.Lrements for the model policy.. This material will be of value ~,~ law enforcement executives in their efforts to tailor the model :c ~e requirements and circumstances of their community and ~heir Law enforcement agency. B. Background Off must be provided with a precise.departmen_t91 policy ,bat estaotishes guidelines, proscriptions and limitations on the :~se of force generally, and the use of deadly force in particular. ~)fficers also require training in the appropriate and proficient ~se of force, control and management of firearms, and must be ;uffi6enfly managed and supervised to ensure their compliance ¥ith departmental procedures and statutory law. This latter con- .:ern makes it important that law erfforcement administrators ere- ~te formal procedures for reporting and reviewing.use-of-force ~>cidents. These concerns are the principal elements of a model .lse-of-force policy alsd are discussed in this document. Managing the use of force by officers is one of the more diffi- ult challenges facing law enforcement agencies today. The r,' of police officers to errforce the law, protect the public and :'~:arc >~heir own safety is very difficult in the United States where ~c[ent crime is commonplace and firearms are widely available ,.-.d used for both legal and illegal purposes. Yhe Lmpact of this situation can be established in part by -<armnation of the FBI's annual Uniform Crime Reports (UCR) ,~; ?oL[ce officers killed and assaulted. In 1990, for example, offi- :ai staustics indicated that 65 officers were killed felonlously and ,;other 71,794 assaulted in the Line of duty. The FBI noted fur-. ,? ~n its UCR study that nationwide, in 1990, 17 of every 100 ;w erdorcement officers were assaulted on average. Unofficial 5,ures based on research also indicate that more than 400 dvil- · ;~ are justifiably killed by police officers each year in~.eon- -~ntations.; . . These statistics, as serious as they are, do not reflect the vast number of unreported and more typical cases in which police officers corffront uncooperative suspects who are either verbally or physically resistant. Unless managed properly, such situations can and often do escalate into more serious confrontations. An officer's use of force in these or other circumstances must not exceed that which is reasonably necessary to control the situation and obtain suspect compliance. C. Scope of Policy Law enforcement personnel generally associate use of force with the discharge of their firearm. However, use of force has been construed to include a wide range of non..consensual com- pliance techniques. These uses of force may range from verbal persuasion to hand control procedures such as a firm grip, escort or pain/pressure compliance holds, or the use of other more aggressive measures involving stun gun, Taser, tear gas or other nonlethal equipment. The variety of coercive options available to police officers in a corffrontational setting is often referred to as the "force continu- um." From options on this continuum, officers are expected to employ only the level of force reasonably necessary to control the situation. A decision to employ force, including the use of firearms, may be considered excessive by statutory law or departmental policy if it exceeds that force which is reasonably necessary in a specific situation. Such use-of-force decisions are made under exceedingly varied scenarios and often on a split- second basis. Based on this fact, sate _and federal courts have rec- ognized that police officers must be provided with the necessary knowledge and training upon which to make such decisions, in addition to attaining proficiency with firearms and other equip- ment that may be used in the line of duty. D. Legal Considerations .1. Scope of Reraed~es. Use of force may have potential civil and criminal consequences in either or both state and federal courts. As scores of such actions have demonstrated, the scope and the wording of departmental policy. can be crucial to the final out- come. At a minimum, depa~'~:mental policy should meet federal court .. requirements and limitations on the use 6f d~adly force. State ::.. i..conditions, however,-often provide more protection in this area ....... A publication of the IACP National Law Erfforcement PoUcy Center 515 N. Washington St., Alexandria, VA 22314-2357 the r~sult of work performed by the LACP Natrenal Law Enforcement Policy Cen~er. The views and opinions expre~ed in ~his document am ~nc~oned by the utah does the United States Constitution. In such cases, law erdorcement administrators must establish a departmental policy :v,a~ r ; the more stnngent guidelines of the federal constitu- :~on. ~. ,,Lould be emphasi?ed that action can be initiated against an officer, a police department and police administrators, and in some cases, governing jurisdictions in either or both state and federal courts. In particular, a.. police officer may be found criminally_liable under 18 U.S.C. 241 where it carl be demonstrated that the officer retentionally violated an individual's dvil rights. Action may ~lso be initiated under 18 U.S.C. 242 to establish criminal con- '~p/racy where two or more officers may have been involved in :ae same inddent. Many plaintiffs prefer to pursue civil action under 42 U.S.C. 1983 as a civil rights violation of the due-process clause of the .4th Amendment or as cruel and unmual punishment in viola- :;on of the Eighth Amendment. A municipal or court _ty govern- ~aent may also be named as a defendant under Section 1983. A ~iamtiff need not exhaust state and local remedies before pursu- r,g these forms of relief in federal court. 2. Use of Policy in Court. Administrators should not be hesi- ant to develop comprehensive, strong and defi.,'titive polides ~.'~d procedures for fear that they may prove prejudicial to a ~rure court assessment of an officer's conduct. Failure to adopt ~ use-of-force policy in dear and unequivocal terms may have nore serious consequences. Courts vary on their interpretation -~: the procedural propriety of allowing departmental policy to be r~'oduced as a standard of conduct analogous to statutory law. ~'here a trial judge permits the department's policy to be intro- iuced in this manner, the jury should at least be made aware of i~e inj, '-'~ce by introducing the following statement:. ThL ective is/or departmental use only and does not apply in an_v ~minal or crviI proceeding. The department polic)/_ should ,of '~,e construed as a cr~tion of higher legal stan~rd of sa/ety or care m an evidentia~ sense with respect to third-party claims. Vioiations of this directwe will only form the basis for depart- mental administrative sanctions. (This statement should appear with any use of d~dly f~rre policy.) 3. Federal Guidelines /or Use of Force. In drafting policy, on the se of force, police administrators should be aware of the bench- ~ark 1985 decision of the U.S. Supreme Court in Tennessee v. .~rner,. This decision upheld the Court of Appeals ruling that eid unconst/tutional the Tennessee deadly force statute that per- ~tted police officers to use deadIv force to arrest non-dangerous [~ Gamer, a Memphis, Tennessee, police officer, acting pursuant 5:ate law, shot and k/fled an unarmed youth fleeing over a fence :uZnt m the backyard of a house he was suspected of burgting. ..e C~ourt held the officer's action unconst/tutional under 42 .2.C. 1983 stating that "... such force may not be used unless it is --zes~rv to prevent the escape and the officer ~ probable cause ~ei/eve that the suspect poses a significant threat of death or .r~:u_s physical Injury. to the officer or others."' The Court ruled tl~t apprehension by the use of deadly force a serzure subjea to the Fourth Amendment's reasonableness qurrement..Yhus, even where an officer has probable cause to r~t someone, it may be unreasonable to do so through the use .~ead!v force. The principles of this case are essential in the for- anon sound, contemporary .use-qf-force policy. For exam- % the a,odel policy sanctions:use of d~adly force "to protect the .~cer or another from what is reasonab{s, believed to present a threat of death or serious bodily harm," (or) "to prevent the escape of a fleeing felon whom the officer has probable cause to believe poses a signi. ficant th~at to human life should escape occur." (emphasis added) 4.._~n,ipg a Reasonable Use of Force. The ominous, ever-p sent potential of civil or criminal litigation involving deadly force incidents also necessitates the dose soutiny of use-of-force poli- cy by legal authorities. Police administrators should work dose- ly with such individuals in determining the suitability of use-of- f~rce policy to theix local conditions, needs and perspectives.~ The deliberations over individual phrases or word usage may on the surface appear inconsequential or excessive. However, such terms can and do have significant consequences in an adversari- al court setting. For example, the model poli~ employs the "reasonableness" standard in describing the limitations of the use of force, when stating: "Therefore, it is the policy, of this department that police officers shah use only that force that is reasonably necessary to effectively bring an incident under control, while protecting the Lives of the officer and others." A ~ .'mn~6fi]~' used altemat/ve wording may 'infect officers to use only the "...m~-tim.' um force" necessary to control such an ind- ._d._ent. The literal wording of this latter directive, however, can impose an unacceptable burden upon a police officer in a deadly force confrontation. For example, the attempt to analyze, for each situation at hand, what would be the appropriate minimum force response, may came the officer to decide to use less force than would be legally perm~sibie or effective to control the situ- ation, .in order to stay within policy. bounds. ~)n' the other end of the spectrum, the subjectiveness of the mm um-f0_. e o.u a alwayssuppo. an h~at l-ds actual excessive 'uge'of force was the mmim~,~ force. m "quimi'to d0'th~'-j'6b~More importantly, the mi_,~imum force standard requixes an analysis based on knowledge of all relevant facts. Officers In a shooting incident may not have all these facts at hand, and they may only come to light at a later t/me. Thin, while most police officers would understand the underlying meaning of "minimum force," its literal interpretation in a court setting could prove detrimental to a fair determination of an offi- cer's actions. The model policy adopts the reasonable-man standard/n this and similar contexts to establish whether an officer's actions under given circumstances were objectively reasonable and therefore jus- t/f/able. This test asks: What would most reasonable police offi- cers do under the same or similar cizcumstances? It is also the legal burden imposed in the language of the Garner decision. The foregoing discuss/on is not meant to suggest that th.i5 or other police department policy, must be established only with potential Litigation in mind. On the contrar); police administra- tors should attempt to seek the best baiance between language that helps to properly guide officer decrsions and protect the offi- cer, the depa~ment and the commt.a'utv from groundless litiga- tion and language that is most co~istent with departmental admmistratv,'e prerogatives and values. 5. Training and Policy. It should be recogruTed that whether "reasonable," "minimum" or another delm6tmg term is used in tt~ or other contexts, considerable 'policy guidance is-estab- lished in the training process. Training should effectively trans- late these and other terms used in departmental policy, into operational Context. Training shares an equal ff not greater. responsibility. in departmental efforts to limit the use of f0/-ce and, as such, can have an independently dramar/c impact on an agency's attempts to justify actions involving the use of force in co~,"' or other contexts. II. FIREARMS A. Issues 1. Structure of the Policy. Many law enforcement agencies have chosen to implement separate deadly and non-deadly force policies for their department. This separation is seen as a means to underscore the gravity of the use of deadly force. Separate policies may also serve to reirfforce the distinct rules covering use of deadly and non-deadly force. Finally, where a good indexing system is provided, this approach may allow the officer to access the proper type of force information with minimal effort. However, unlike these policies, the model policy incorporates the guidelines and restrictions for both deadly and non-deadly uses of force in one policy. This approach was taken for several distinct reasons. The first reason pertains to policy organization. A common problem among law enforcement agencies is that their policies and procedures are not organized in a manner that enhances pol- icy usefulness for the officer. Policies that are interrelated may not be cwss-referenced, or may appear separately under different topical areas. Differing promulgation dates may create a conflict in the policies where revisions are not continuously made to both policies. Under such conditions, policies and procedures can prove hard to digest, integrate and implement. Second, integrating both deadly and non-deadly force guide- lines into one policy serves to illustrate and reinforce for the offi- cer .-oncept of the use of force as a continuum. Many officers corn_ .er only a discharge of their sidearm as a bona fide use of force. While they may be fallailiar with deadly force guidelines, they do not know that similar guidelines exist for non-deadly uses of force. The me-of-force continuum illustrates the range of uses of force, and the appropriate force necessary to match a given inddent. By placing both sets of guidelines under one heading, the officer consulting the policy is encouraged to view force on a larger, more integrated conceptual basis. Finally, whether use of force is or becomes deadly is often a problematic issue. The use of deadly force in the form of firearms results in death on a statistical basis only in about 50 percent of shooting instances. Non-deadly force inddents--that is, all uses of force using tactics or means other than firearms--have on numerous occasions resulted in death. For example, the use of a t-iashlight as an impact weapon, particularly to the head or other sertsitive and vulnerable parts of the body, has been the cause of numerous deaths (e.g. subdural hematoma) and has established the basis for many subsequent lawsuits. Yet, one does not nor- mally regard the flashlight as an instrument of deadly force. The use of force is an issue that is best dealt with/rom this inte- ~ated perspective, recognizing that a "non-deadly" situation can, and frequently does, escalate into a deadly force corffrontation. Effective guidance for police officers in the use of force, whether with firearms or other means, .must recognize and deal with force in all its forms .and applications. This is an objective standard. That is, the determination of what is reasonable in any context is not determined by the officer's intent or motivation or what the officer may perceive to be rea- sonable. Rather, it is the conclusion that would be drawn by a "reasonable officer at the scene," [Graham v. Connor, 490 U.S. 386, 1989] weighing the facts of the situation. As the courts have indi- cated, reasonableness must be determined by examining the totality of the circumstances, including but not limited to the severity of the crime at issue, whether the suspect poses a threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by [light. This revised version of the model policy has eliminated the term "immediate" in reference to the threat that a suspect may pose to the officer or others. The term immediate is commonly used by hw enforcement agendes in this context in large measure to underscore the exigency of the situation. However, it may impose an added burden upon officers by requiring them to ascer- tain how this applies and what "immediate" means in specific sit- uations. More importantly, it may impose a burden of proof upon officers in adversarial court settings that is unnecessary. Second, police officers may use deadly force to prevent the escape of a fleeing felon whom the officer has probable cause to believe will pose a significant threat to human life should escape occur. In this case, the more demanding test of probable cause must be employed before deadly force can be used. In such cases, a threat of further violence and/or death must impose dear and immediate justification to use deadly force. For example, the use of force would be justified in instances where an officer was attempting to stop the escape of a felon whom the officer had positively identified as one who had just committed a violent crime or homicide, and who is fleeing the scene with a weapon. The potential escape of other felons, how- ever, may not pose the same degree of imminent risk to the pub- lic or the officer, and the use of deadly force to prevent their escape would be eminently more difficult to justify under this policy. Of the two circumstances in which deadly force may be used, that involving the fleeing felon is unquestionably the most difficult to regulate through policy. Because there can be a greater risk of error in these circum- stances, some agerides prefer to disallow or seriously limit the use of deadly force in the case of fleeing felons. Those who pre- fer this approach point to the problem associated with positive identification of suspects, the fact that many serious felonies may not involve actual violence or death and that, even in the case of repeat violent offenders, one cannot accurately predict the offenders' future behavior. Given these and related problems, this approach assumes that ff an error is to be made, it is best that it be made through restraint rather than face the risk of unwar- ranted taking of a human life. 3. Shooting to Stop Aggressive Behavior. Where the use of dead- ly force is justified, the policy should state that "the officer shoul~t fire his weapon to stop a subject from completing a potentially deadly act." The phrase "shooting to kill" will not only be inac- curate in practice but prove insensitive and preiudicial to the lay- man. The popular cinematic and television characterization of thepolice marksman does not' reflect the abilities of most officers 2. U..S.~'of?irearras. The moael'p0li .cy identifies two general cir- .. under actual combat shooting conditions. Research in major met: cums.tances in which. the.,_use of deadly force may be warranted...~....ropolitan police departments, in fact, reveals miss rates~of .... The c '._instance is. to protect police of~cers or others [win what, between 42 and 82.percent of. rounds fired during actua!. had-.. .. " is rea.. ~a.b!y' believed '['o be"a'threat 'O'f deith or serious .bodily ,..-'-. dents. where a firearr/i'was used. ' /nju~ 'As discussed previously, the reasonable-man standard is In addition, statistics reveal that about 90 percent of shooting used to establish the appropriateness of deadly force actions. inddents take place within a three-second time frame. Within -~L~ period, a police officer takes appropriate steps to stop the :real and rare{y, if ever, engages in a decision-making process ::out ? tent or the degree of inju~ that will be inilicte-d. The .ai.~sr~c ,,otivation is primarily reactive and designed to stop the .~eat or the agoln'essive behavior. Attempts to shoot to wound or to injure are unrealistic and ~:cause of high miss rates and poor stopping effectiveness can ~ve dangerous for police officers and others. Under special .mditions, however, it may be necessary to permit or even 'clU~t ,at shots be ~ to kill. Sniper teams used to extricate a hostage om an armed suspect and other related scenarios employing ?¢~_~ai weapons and tactics may be among those timt constitute .:ch exceptions. For maximum stopping effectiveness and minimal danger to ,~nocent bystanders, the officer should shoot to stop at center ,~dv rrrass. 4 Drawing or Exhibiting Firearms. The model poli~' i~'~hibits ~iicers i-rein drawing or exhibi__t~,l~ g .their fu~arm unless reason- :2ie cause exists t~ believe that the offi"c-~-~a~-n~t't~-~t in :cordance with the policy. This represents the prevailing opin- .'-. tkat both officer and public safety are enhanced by restricting ,'~e trines when an officer may draw or exhibit his weapon. A ~awn weapon represents a potential accidental misfire and :~ur,,' and may also place the officer in a situation where his ea.r~n may be wrested away/'rein him.. ~ae reasonable-cause standafd was chosen to best accommo- ~re both ~fev,' mncerns and patrol realities. This standard pre- -: ;,~ the officer's discretion to draw the weapon while search- .g a dark building 'for a suspect or in properly preparing for ~er dangerous situations. The policy statement is designed to =,-m..,-a* 'he tinjustified bran_dishing of weapons or the use of ~_apol : ceev-Jon or threat. 5x~me law ertfnrrement agendes may wish to ~er limit this requiring that the officer have probable cause to believe tl~t · may need to use his weapon in accordance with the policy. .~c. re it can be drawn or ~ited. This standard would dearly '~,.~erscore the department's cowointment to minimize use of ;adlv force, and instead to achieve conflict resolution through aer iess deadly means. 5. Warning Shots The first publication of the Model Policy, on ,'mcular Pursuit advocated the prohibition of warning s~ots. ~as revised model policy, while still counseling against the use · warrung shots, takes the position that there are drcumstances which the use of warning shots may be justified and, ,,.~der ~se condit~orts, it ..may be more prudent to provide allowances ~ucb. contingencies m the policy.. Therefore, the model poli~ ..:2s ~e =osition that: ;','a,",ung shots ma~ be fired in an .,~e~vrt, to stop a person only · ...,~.~ :½re ~..ffiter :s authori2d to use deadly force and only if the :~:;~ r~onabiy believes a warmrig shot can be fired safely in ;t;~,ht ~f all the ~rcurastances q~ tt~e encounter. ~,¥t~e a large maiori .ty of police departraents prohibit warning ::~. some permit their use under restricted conditions. in ~:v; .cases, these are agencies that operate in rural envi.rorunents ~ere ',he pc_renal harm to renocent bystanders from warrung' ~r~ ~ minimal Ashot fired in the air may also serve as a call assrstance i~y an officer from a rural agency where a life- vaterun~ situation exists or whenattempts are being made to _-~,ev, t ;scape of a dangerous'felon. [n addition, in extraor- ~a~' s~tuations, warning shots'have been used to successfully :us~ escalating and potentially life-threatening situations. One example is the use of the warrung shot to impress upon a hos61e crowd an officer's intent to employ deadly force to protect him- self or ethers. Tho~ police departments tt~t permit warrung shots must provide sui'ficient training to o/~cers to ensure keen d~on in such acV, ons. Police o~cers must be cautioned that the use of warrung shots, if later deemed inappropriate, may make the offi- cer su~ect to disciplina~ action and/or civil litigation. These cautmns are even more wnportant in urban and suburban environments. In large measure, h%is is because of the ~ hazard that may be created by e..,'rant shots that may strike inno- cent by~tanders, particularly in crowded urban environments. In addition, warning shots cat and have been mistaken for a shoot- ing ex~,an~ that precipitates the ,are of gunfire by other officers or the suspect(s). Once the first shot is fi_wd in a hostile confronta- tion, it is often difficult to centTel other shooting reactions. 6. Shots at er rtoro Moving Vehicles. Another modification to this revused model use-of-force pohcy involves shoo fired at or from moving vehicles. The model polio,,, takes the posmon that this too must be governed by the overall use-of-force pohcy. However, it must be made dear that there are substantial additional risks in the discharg_e of firearms under these conditions..'E-.e likelii'xxxi of misses and subsequent risks of errant shots h~ra~ting innocent parti_'es, ,,,d the improbability of stopping a vehicle or its operator in this manner short of death or serious injury are among factors that cotm~i against such actions other than in the most extreme circumstances. Therefore, the policy, while allowing shots at or from moving vehicles, req~ that they be governed by the use- of-force policy and, in particular, states: "Derisions to discharge firearm~ at or from a ma;~,,",g vehicle shah be governed by this agency's use of forte policy but are prohibited if they present an A~am, wainrag is essential in implementing this-pohcy. Office_rs ._must recognize 'that such actions are ordv permitted under extreme circumstances and, because they generally involve a higher potential risk, carry a higher burden of justifi- caficm for use.. It must be understood flint the use of O. rearms under such conditions often pre~nts an urmcceptable risk to L, mocent bystanders. It should also be recognized that most con- venfional Volice handguns are .typically ineffective L'~ readily dis- abling or ~topping a motor vehicle, if in fact this is the intent of their use. Such .firearms, in fact, will norma[Iv not sufficiently penetrate automobile bodies, may not penevrate steel-belted automobile tires that are h~ motion and frequently do not pene- trate auto safety, glass. The~ am circumstances in which trained tactical officers may ~ake s~ch _~c6ons ~f deemed appropriate by command perscrmel. Even under these circumstances, such actions ..... Id be taken only when all reasonable alternofives have been exhausted, when a ffiiiure ~o take such action would probably result ',m death or ,~,~,~ity harm and when due consideralton has been given to the ~i,'m of m_nocent bvs.ta~ders. 7. Meniification as a sion has been made to employ deadly force, a police officer shouid identify 'aim~ and demand tl'tat the subject stop. This requirement was made clear i~ t.,he Gamer decisions. Typically, the pt'ease "stop-police" can be used, although s/tailor com- mands that make an officer's intent clear can be employed. _ _,,.~^ to Innocent B~standers. When using dead!7 force, the officer must always consider the potential risk to ~en.t ~ystander~. It is unacceptable to risk injury or death to .... '~ers in order to apprehend a suspect. :,OffiCers who will- /j,'~..te~_.'intO St/ch haz~kious undertakings maybe held liable · /' ~{ea~h'of departmental regulations and/or statutory law. i .,~ 'ti~e~iher ~d, 'rothis as in other cases of use of deadly force, police officers must be able to balance the ultimate good of action versus inaction. For example, rare inslances may develop in which failrue to react to a serious threat would stuely result in the loss of ti/e. Under such cL, t'umstances, it may be justifiable to accept rea- sonable risks to others rather than accept the sum loss of life if no actions are taken. Officers should not be expected to nor should they act in a ~ that will seemingly result in their or another's death or serious injury solely because of concern over the potential risk to bystanders, Reasonable prudence to protect innocent bystanders should underlie all use-of-force confrontations. B. Firearms--Training and Qualifications 1. Legal Considerations..Civil rights litigation has made it abundantly clear that law enforcement agencies have a responsi-. bility to _ensure that police officers are adequately trained in the use of a/J weapons that they. are permi _tied to carry on-'and off-- duty. Police administrators, departments and parent jurisdic- tions may be held liable for actions of their officers should they be anable to verify that appropriate and adequate trah~g has been received. Police departments must provide responsive training, and all records of traning received by officers must be maintained accurately for later verification. 2. Off-duty and Backup Handguns. Training can only be rele- vant i~ officers are restricted to carrying and using departmental- lv authorized firearms and ammunition with which they have been trained and qualified. This holds true for any "backup" and o//-d,,w handguns also, which should be subject to the same pro- ted or departmental registration, routine inspection, training and qualification as the on-duty handgun. Departmental regis- tration of secondary weapons should ideally include a ballistics sample. Such samples can have substantial value in a variety of officer-involved shootings. 3. Firearms Qualificat~bns-Proficiency. Firearms q,,aIi~cations should be regarded as only one, albeit a critical, component of an overal~ firearms training program. Police departments should ensure that each officer raceives thorough instruction on depart- mental use-of-force policy to include the legal requirements for car- ~ry'mg and using a feearm on- and off-duty. They should also be ~ven fi. tll instruction on safety, care and maintenance of their hrea..,~n and, F-really, evaluated periodically for firearms proficiency. Two aspects of firearms proficiency training should be con- ~iderecl. Fkst, training and evaluation should be conducted in ae .most realistic manner possible. This includes the use of night ~d:or reduced light shooting, shooting at moving targets, :tyre?hand/weak-hand firing and combat simulation shooting. L~arms training should attempt to simulate the actual environ- vast and circumstances of ~oreseeable encounters in the com- :..:rut?' settmg~whether urban, suburban or rural. A variety of ~mvuter-su'nulated training devices are presently available zetb, er with established and recognized tactical, exertion and .-ess courses. In essence, acceptable firearms training and eval- ~tica are no longer limited to target practice. Scrutiny of ~a,.,'ms training will normally include an evaluation of the rele- nce and utility, of'such instructiott'.: A deF -,xent's firearms proficiency testing standard must be .~rvrrm dplicable-to 'all officers who are permitted to carry · :~rrns, L,'respective of rank or assignment. On the other hand, tactical and special assignment officers (e.g., SWAT, stakeout) should conduct training more frequently and require a more rig- orous standard of profidency and expertise than those in other assignments. Second, officers should qualify on a pass/fail basis based on the state-recommended or another reasonable professional standard, An officer's relative profidency as reflected in a numerical score can and has been the subject of courtroom debate. A passing yet marginally low score, for example, can be interpreted as a lack of proficiency and raise questions about an officer's fitness for duty. Conversely, a high score for an officer who wounded a suspect in the head instead of center body mass may give the court cause to question why the officer "missed" in this manner. Such arguments can be either avoided or mini- mized by using a pass/fall system. Police officers who fail to receive a passing score with their duty weapons should be reassigned to nonenforcement duties and temporarily relieved of theix firearm, badge and marked · vehicle. Agreat deal of liability risk is assumed by a police offi- cer and the department Lf such an officer is allowed to return to active-duty enforcement assignments. Therefore, such officers should be disarmed until such lime as they can quality with their firearm. Also, to avoid situations where the officer, while in uni- form, may be caged upon by a citizen to perform an enforcement action, it is suggested that the officer be assigned to administra- tive duty. 4. Firearm Qualifications-Frequency. The frequency of profi- ciency testing is an issue that has been, and still remains, debat- ed, lvlany law enforcement professionals advocate monthly qual- ifications in order to maintain an adequate level of proficiency, yet other departments still employ a semi-annual tesling schedo ule. It is difficult to defend a semi-annual schedule of firearms proficiency testing under contemporary professional standards. Court decisions have, in fact, cited the semi-annual qualification criteria among other factors as evidence of a grossly inadequate firearms training program? It is also difficult on a practical basis to advocate monthly test- ing, considering manpower scheduling costs and related matters, even though few will argue that more training is better. A com- promise between these positions suggests that a minimum of quarterly testing is a practical standard but that bimonthly test- ing is a desirable objective. This testing should include the on- duty sidearm as well as all firearms authorized by the depart- ment. A sizable percentage of all police-involved shootings occur in an off-duty capacity. This is among the primary, factors tl~t underscore the need to control the types of firearms and ammu- nition used by off-duty officers and to qualify, officers with these firearms in the same manner as with on-duty firearms. III. OTHER DEFENSIVE WEAPONS AND TACTICS A, Use~of-ForceC0ntinuum" '" As noted in the prior discussio:x of.~..ge.','.fo~e contin..uum,"-use . :- ~.o'f force can range widely from verbal coercion to.the use of dead- -= ly weapons. Therefore, police officers must hav~'a}'theix aispos. . . al:a.,?..ariety of equipment and tedmiques that will allow them to respond appropriately to resistant or dangerous individuals. These include, but are not limited to, skills in verbal persuasion, ;:~.~rmed seL~-de~ense tactics, use of "come-along" holds, ~,~vr~u~r ~nd physical compliance measures, and ~ of de~- ~e~a pp~v~ ~-t~n-le~l weapom su~ ~ ~ce, ~e v~ ~, PR-24, baton ~d ~lat~ ite~. ~thout ~e~ ~d ;~er air--fives at ~e~ co~nd, ~re ~ a ~r I~t office~ ~y employ talcs ~t am ~pp~p~te, exc~ve ;r ~t ~e to a~vate or ~te a co~n~fio~ si~fio~ Ponce ag~d~ mint provide sp~ ~g ff ~y am to mni~e t~ mk of ~mplamm of ~cmsive fo~. ~ ~ ~n- ext. depa~ml ~g ~ ~ area shoed ~dude a ,n ~d~ ~tenfion ~ ~d t~qu~. Sm~ on ~ ~ ~ felomomly over ~e l&ye~ ~ ~g ~ ~ reveal ~t 14 ~mt of ~ce ho~ddes we~ ,y assa~ts ~g ~e officer's o~ ~d~s ~ ~a ~der- ;co~ the mpomce of develop~g s~ mc~ to ~wa~ .u~ amc~. it a~ sugg~ts ~t deparmenB shoffid ~ cog- ~nt of ho~ter ~l~on and aflow u~ o~y of thee ~t hal- race ready acc~s to ~e ~d~ with ~fi~ of ~e ~a~. ['dck ho~te~ ~d l~s~fi~g hogte~ should not ~ au~o~. k pro~r ho~ter shoed hotd ~e ~am snug to ~e ~p ~d ~ave a ~a~mbly tight ~&~ s~p. ~si~ of ~e ~ter s~d dlow ~e officer to ~p ~e ~d~ ~ ~t it will ~ ~ady m ~ -~md w~en removed. ~. Less-Than-Lethal Weapons A variety of less-than-lethal weapons an~ available for use by :.,olice departments. However, the term "less than lethal" can be :rv_sleading. The police baton and PR-24, for example, as well as 'he police flash. Light when used as a weapon, can, and have, "esulted in serious injury and death. Compliance and contzol tac- ncs a so result in death. The neck restraint, in particular, has · .'eceive~ widespread publicity because of its association with the ~eatJ~ of a number of individuals. The potential for death or seri- .~us injury is present in the use of many nonlethal or less-than- eti-~l devices, but such risks cannot be totally elL, ninated. At a ?2rmnum, all officers who are authorized to use less-than-lethal ,vo_apons should be thoroughly trained in their use. While this :;my not free officers, police administrators and police depart- merits from complaints of inappropriate or excessive use of force, .red may not eliminate deaths or injuries, it will serve to demon- ;~-ate good faith by providLng proper equipment and training. ~ vadies of the expanded use of less-than-lethal devices such as OC ~-rav have even demonstrated decreases in the employment of fea21v fore and complaints of the excessive use of force. ~'~e National Law Erfforcement Policy Center does not advo- -ate the use of any specific lethal or non-letl~l weapom. The ;?~pnateness of any such weapon depends largely on the ~ds and desires of specific police departments m the context of :.he commumtv in wtuch it operates and in accordance with the aema~v, ds placed upon its police person.r~el. I.n addition, less- ?~n-lethal weapons and tech. mques are being continuously :.m.'.'.'.'.'.'.'.'.'~duced, refined and updated. As such, police administrators must mutmeiy assess current equipment and make judgments on ~iect~on and use t~at are appropriate to their department. Acrit- ~c~,i element of that dec. ion-making process is an assessment of me h. rrutations of each device or. tectmique, and the potential for ~rs abuse or failure. Asynopsis of these factors was developed in :egard *~ 's~veral..of the more popular nonlethal weapom. by ,a. me. .s for Effective Law Enforcement, Inc.' The National Law Enforcement Policy Center recommends that ?olice departments ban the use of several types of weapons. \ \ These include slap jacks, blackjacks, brass knuckles, nunchucks, fighting stars and other martial arts weapons. In addition, police ~:-. agencies should prohibit the use of the flashlight as an impact weapon unfess deadly force is authorized. ( IV. REPORTING USES OF FORCE Accurate and timely reporting of use-of-force incidents are the essential first steps in the process of monitoring and controlling such responses. The immediacy and mechanism for such report- ing should depend on the nature of force used and the degree of injury involved. A. Written Documentation .A._written report shotfid .be..prep..ar~l... a~c_~. rding to departme~,. tal procedures .whenever a firearm is discharged outside the fir- ing rafige, when a use of force results in death or injury, or when- ever a non-lethal weapon is used on a subject (not including ver- bal compliance techniques and unresistant handcuffrag, and con- trol and searching of individuals. The narrative should, at a min- imum, detail the circumstances of the incident, contain an expla- nation of what force was used, why it was used and the extent of injury inflicted or sustained. B. Notification of Supervisor An officer should summon a supervisor to the scene of an ind- dent when any use of force results in death or serious injury, when the officer either accidentally or purposely discharges a firearm in other than l~-adrting capadties or when a subject com- plains of being injured. Under these circumstances, the appro- jr' priate person or unit should investigate the incident. That inves- tigation should address the propriety of the use of force and determine whether actions were in accordance with departmen- tal policy and procedures. V. DEPARTMENTAL RESPONSE TO USE OF FORCE Use of deadly force has serious departmental and community implications. The integrity of a police department and its rela- tionskip to the community are often measured by the profession- alLsin and impartiality that it brings to investigations of police uses of force in general and deadly force in particular. A. Investigation of Incident When an officer uses deadly force, or when the use of any level of force results in serious bodily injury or death, the inves- tigative unit and the chief of police or designate should investi- gate the incident. The scope of the investigation should be to determine whether the use of force .was in compLiart. ce_with departmental policy and procedures, as well as in conformance with state and federal law. Many criminal and civil cases are initiated against officers and departments years after such incidents have taken place. Therefore, all investigations of uses of deadly force, an.d particu- larly those incid~s-~Ra~.-"t uff"m' e'~ff'~'f.-~'~'F'~)us injury, must _be conducted as thoroughly. ~s'poss~le and in a timely manner. , departments can and ofte. n d~;jOllow.the practices and principles. involved in criminal investigations--protecting the crime scene, interviewing witnesses, collecting and preserving evidence, and following related procedu~s. All agencies should maintain a checklist for conduOing investigations of uses of deadly force, and ?- ~.cularly those incidents that result in death or serious injury. se of these procedures is advisable and recommended. Yet, departments should recognize that most deadly forte incidents do not involve crimitml acts by police officers. While evidence of such violations may, in fact, develop during the course of the investigation, investigators should not create unnecessary barri- ers to their assessment of the incident by establishing the aura of potential or presumed crimirml culpability by involved officers. For example, contrary to some police practices following deadly force incidents, involved officers need not be advised of their rights unless warranted by the facts, and need not have an attorney munedL~tely available unless they feel strongly that one should be on hand for advice and counsel. Neither should police officers be relieved or suspended from duty pending the outcome of the investigation. Where deadly force results m death, it is advisable to place the officer on admirdstrative leave so that he may have time to work through some of the immediate psycho- logical reactions and personal emotions. Suspension, however, either with or without pay, connotes wrongdoing and may prove daw~gmg to the officer, the department and to the effective con- duct of the investigation. In addition, from a procedural standpoint, relief or suspension from duty severs a department's essential consol and authority over an officer. As such, it negates the authority of investigators to reqrLtre officers to answer questions and otherwLse assist the department in investigating the incident. Administrative leave, on the other hand, maintains departmental control over the offi- cer stdficient to uphold h.is dismissal should he fail to cooper-ate in the investigation. 'here there is evidence to support potential prosecution of c~_ ..rml acts, the character of the investigation should change to that of a crimirml nature, and involved officers should be so irfformed and notified of their rights. Findings of the investiga- tions should follow local due-process regulations. B. Support for and Reaction to Involved Officers Police officers involved in deadly force cor,d.h'ontations often experience stress reactions within days or weeks following the incident. Most immediate reactions such as numbness, shock and disbelief are expected, but other reactions such as withdraw- al, msom_nia, guilt and depression can become deep-seated pmb- iems Lf steps are not taken to mitigate and resolve these feelings. .-S large percentage of police officers leave police work within sev- eral years after a fatai shooting. TbJ.s largely reflects upon the failure of police departments and officers to deal construcfiveiy with the personal aftermath of fatal shootings and related cata- srroptuc events. The model policy. mandates that all police officers directly =volved m fatal incidents revolving the use of deadiy force be .provided with psychological counseling within several days of the event. If this portion of the policy. is not mandated, some offi- cers wrU resist cou.nseling for fear of being embarrassed or viewed as weak. Irru-nediate family members should be provided wi~h protessxonai consultation so they may be more aware and understanding of'the feetings and reactions of the officer, and so trey can resolve questions regarding departmental response to the toodent. Unless_there are compelling reasons to the contrary., the volveal officer should be returned to his normal duty ass_ ,nent as soon as'possible. If it'is necessary to take the offi- cer's handgun for evidentiary purposes, it should be replaced immediately with another. C. Release of Irffonnation lrt order to m:iuce harmful speculation and rumor, the depart- ment should release as much factual information as possible to their officers, other employees and the media as soon as _possible. Finally, police administrators, command personnel and off'~ers should offer concern and compassion for the officer and avoid any statements or unnecessary steps that would suggest that the department has abandoned or isolated the officer during the investigative process. D. Review of Use-of-Force Reports _All repom on use of force should be retained as p~ by state law and reviewed periodically to determine whether changes in departmental training or policies are necessary. A summary report of use-of-force incidents, omitting the names of involved officers, should be compiled and released to the public armualiy. ~'~dnotes ' Ma~, I(em~th J., A gafan~ v/~corc~. [n~.rn~bo~al As~cm,,on of Chie~ of Polk:e. ~ Ttnn~s~ v. Ca.~', ~ U.S. I {1985). s/d. oat 3. ' Popore v. C~ of Maya, me, 4hi F. Supp. 1195 (D.C,,.N.]. 1979). ' ,~1.*~ Petration. Training K~ 1?'373, Intt. rnahon~ Asscoation of Chiefs of Police, · 'Use of Fon:~ Taoics and Non-L~thal Weaponry,' AL-~, Issue No. 3, Amerir, a,m for E.~,cnve law E.n/on:e~ne~t. Inc_, ClUeago. Illinors 1988. T'ras p~.ct was mppori~l by Grant No. 87-SN-CX-K077 awarded by Bu.,eau of ju.~ce A.smmr.~, OXt6ce of Jusace Programs, U-q. Pepa~nent of l~tice. The A..s~tant Attorney C_am~l. O~ce of Jm~e Program~, cootduo. res b'~ ~dvi- t~s of th~ k)Uowmg program of~ces and burearn: ~ Bureau of t.he Bureau of JusOce ,~ta~tics, Nal:on~l [i~:m~ of Justice, O~f~ce of Juven~ ]ust~ce and Detinquen~ ?mvmt~oe, and the OffSce of V'~dm~ of C_time. Poino of vu~v or opo'uons m ~ d~t a~ tho~ of the author' ~ do no4~ I~present tJ~ p~__Lhon or potJoes of bge Ural~d States Ek-paranen~ o~ Jusoce. ~ a~ ~ m a ~ ~ 0f ~ ~ ~. m~ ~ve ~g a~o ~t m~t ~ ~mid~. ~ addiS, ~ ~- Appendix Checklist--Officer Involved Shootings checklist is intended to provide basic reminders to a supervisor at the scene of an officer-involved shootin§. Officer or Others Injured Immediate considerations: [] Secure scene [] Request ambulance [] Crime broadcast [] Request additional personnel [] Locate and identify w~tnesses [] Transport involve~i officers to station [] Have appropriate notifications made No'~cations: [] Area Station OIC [] Area Commanding Officer [] Area Investigators [] Coroner Establish CP if necessary:. [] Appoint CP staff as required ~ Record action taken ~ Brief personnel [] Establish perimeter security [] Press relations [] Press relations NOTE: Only information authorized by shall be released. Speclali:,ed units and eql~pment: [] Ai~ Support [] Metro [] SWAT [] IHD-FCP Fleet [] Barricades [] Light Truck Discharge of Firearm--No Injury In,dent occua'red wh~e on duty. Incident occurred within county while officer off duty. Conduct complete investigation of the circumstances of the shooting incident; obtain the following information for the.purpose of preparing a detailed c~ronological narrative Chronological narrative: [] Date and time call received [] Names, serial number, and rank of officers involved [] Current assignment and detail [] Uniform or plainclothes [] Types of vehicles [] Description of scene including background Weapons: [] Officer's--serial number, make, model, caliber, double action [] Supervisor's--serial number, make, model caliber, double action Type of ammunitlon/holsten [] Officer's--type, manufacturer, number of rounds fired, type holster [] Supervisor's--type, manufacturer, number of rounds fired, type holster [] Book cartridges, cases and/or expended slugs Personnel at scen~ [] Identify all police personnel at scene [] Name, rank, serial number, current assignment [] Name of first supervisor at scene [] Other related persons, e.g., ambulance Suspects: I-I Include all known information [] Description [] Prior record [] Parole/probation information Vehicles and evidence: [] Vehicle(s) description [] Disposition--impound, hold, etc. [] Evidence booked Witnesses: [] Location and observations Communications: [] Teletypes [] Communications' tickets . [] Position of officer, suspect, and witness and path of bullet · [~ Supplement with photos if necessary Section 4. Building Search BUILDING SEARCH In our review of other Iowa jurisdictions concerning procedures that apply to the search of commercial buildings, primarily in response to an open door or alarm, we found building search policies as such were not found in the written general orders or directives, but were sometimes referenced in general orders, dealing with, for example, the display of weaponry. Our review showed that departments throughout Iowa rely on officer training from ILEA as to the conduct of building searches. It appears that the Iowa City procedure on building security checks was largely an unwritten practice going back to the 1960s. Conversations with retired officers confirmed this security practice. Iowa City practices and procedures are substantially the same as other cities. The display of a firearm prior to entering a building to perform a search is at the officer's discretion to determine the level of threat he/she believes exists. A 1985 memorandum from the former Chief of Police does, however, spell out that building searches and the display of firearms can occur under certain conditions. The memorandum states that a firearm may be drawn only under certain conditions, one of which is "as personal protection in building or area searches where the officer has a reasonable belief that substantial harm might befall him or her if deadly force was not present and immediately available." See attachment. Iowa City's recently adopted operating procedure with respect to alarms and open doors is far more detailed and restrictive than other jurisdictions, and is certainly in line with the ILEA curriculum. Several cities and counties use canine units and, in defining the canine unit policy, the procedures for building search and open doors are identified. Cities of Dubuque, Ames, and Cedar Rapids have stated they did not have a formal "building search policy," as such. They do have, as well as Davenport, Waterloo, Newton, and Sioux City, canine units available for building searches. The attachment represents a description of the general responsibilities of a canine unit in response to an alarm complaint and/or intrusion, as well as open door. This statement is also representative of other communities using canine units. You should also note the building search training curriculum for ILEA, as well as our own open doodalarm policy. Additional discussion of "open door/security checks" can be found in the City Attorney's report. m~lr/bldgsrch CANInE UNIT 2~.1 PoltC~: P~ouedures for Canine Unit Recognizing the potential dangel, in the use o[ police dogs, it is the policy ~f the Ames Police Ile_tmrtment to assure the continuance of pl-ofessiona!, lawful and minimal use of force in deployment of its C~n~ne iLllit. The canine team consists of a trained dog and a trained pohce ha~dler. The canine team .~.11 operate a speci,lly equ/pped police vehicle and will norn~_Hy be assigned to patt~o] duties. At the discretion of the on-duty shift supervisor and the canine team supe~.sor, the oanine team may be requested for the following: Response to burglary-in-progress 2. Intrusion and/or robbery alarms. 3, Response to felony and misdemeanor incidents when the suspect has fled on foot and a possible trackinC exet'aise might develop. 4. Assistance in search for iost persons, 5. Response to burglar alarms and open door and window calls. 6. Search of an ~rea for discarded evidence and/or contraband. 7. Search for controlled substances. Whenever the ERT is ~nlled out. Response to any othel' ~/ls for set-vice or assignment may be Iliade by t_he on-duty shift supervisor, the ~nine telL~l supervisor, or the Chief of Police. in the event a police canine team is called for duty for other than its ass'~ed shift, the call-in must be with the approval of the on-duty shift supervisor and/or the ~ni_ne team supervisor and involve the first three situations listed above or be an incident of a serious nature. The decision to apply a police ~snine teem to a specific ope~on or- call for service is the responsfbility of the on-duty ahift supervisor. The handler, after evaluating the situation, may p~ovide a recommendation to the on-duty shift supervisor based upon t~ining and expel~tise of the card~e ~nd the handler. Any request for use of the canine team outside of the 9515 239 5429 A]~S POLICE ~00~ City limits must be approved by the canine team supet~visor or the Chief of Police. The decision ~o allow the canine unit to be used outside the City limits must be hinzed on available s~ffin~ (when the unit is on normal duty). Evel~y effort should be made to accommodate any request from other a~encies. If the oornmnnding officer is unable to comply with the request from a~other a~ency, he/she must notify the Chief of Police the next business day of tJ~e c~rcumstanoes. The decision to use the police c~nine team for a specific operation dependent upon the immed~oy and ~tude of the sit~on. When poss~le, the denton to use the c~e ~hould fimt be rode by the on-du~ s~t supe~so~; soundly, by the offi~r cn the scene of the ~cident; thi~y, by the The use of the ~tne team during any civil disorder or riot should be more restrictive than in mo~ routine situa~:ions. In inetdents of this magnitude, the ce~ne team will only be utilized if conditions become violent and then only with direct approval of the Chief of Polic~. Durin~ a buildil~ search, the perimeter, of the building will be secured by patrol officers. If possible, the owner of th, establislunent should be ~ontac, ted to determine if anyone has permission to be inside or if ~nyone is pOSslbly working late. The ownel, rosy ~iso aJ~ow tile ~mine team easier access to the building. When utili~in~; the canine team during a building search, the followin~ -steps should be taken. The canine handler will issue a verbal walmtng to any occupants of the buffdiRE. That warninE will be issued at the same point of entry the canine teaill will use for the put-pose of apprehendin~ those inside. Officers should not entel- the bufidin~, but should establish and maintain an oulmide perimeter. ~en the canine team is searchinf~ s buildlnK, no one should he allowed to ellter ~nless requested by the e~nine halIdler. -If ~ffi~ers have entered a search area o~ a bvilrHn.~ p~'ior to the aawtv~ of the canine l~un, the field supervisor or senior officer on scene should ensm-e ~hat all personnel are out of the area or building prior to the _r~ni,e's seal'oh. The field supervisor should inform the canine ha~el, of any area tb._~t has been ~ont~rniuated. If possible, the ~nine handler will keep police officers outside informed of hialhe~ location in the buildin~ at all times via radio. A perimeter should be established durin~ lx~acki-~ to ellmlnste 00nt_AW~illAllion of ~ ~'l~ckillZ 8~I~.~]L, The use of r,~nine dul'in_~ appreh~msion will be classified as a~ application of for, co. The h-ndle~ will use ~od judg~nent when the poss~-bility of injury to a subject exists. The handler will not use the cani~ in a bite situation for any misdemeanor unless the incident involves as~aul~ upon a~ officer at the lilne of - 85 - ~/25/96 ~:34 '~'5~5 2~9 5429 A]!~,~ POLZC~ ~004 apprehension or the suspect is using a weapon, and the suspect resists am-est. The method~ or instruments listed below illustrate when the police canhie nmy be used ill the application of force. These methods are listed in ascending order from lonct to most severe. No officer shall e~Jate to a lnore aevere appli~mtion of force without first exh~ustinE the minimum amount of for~e or r~u;onably believinl~ lesser force would be tneffeotive. 2- 3, 4. C. 7. Verbal persuasion. Physical strength and sl~11. Approved chemical agents. PR 24 Baton. Police -snlue. Approved F, ervice side,~trm or shotgun. Approved ERT team special weapons. Whenever a police canine attacks and bites auy person, following steps will be taken. the The handler and the on-duty sl~ft supervisor shall assure tlmt proper medio~l attention is administered to the injured person. All injuries will be photographed in color regardless of the suspected Ilatur~ of the injury. The _~an~ne handler will submit a detailed report to his/her shift supervisor before the tour of duty is completed. The c.xr~ine shift supervisor will review all available inforumtion and provide a de?~tl~_d report to the Chief of Police within 24 hours. It is important t__k~_t police Officers not interfere with police _~nnines duril~ tl~inin~ or performance. In all contact with the ~ntne and the canine handler, no Department employee should make any aggressive ~estures towards the handler or the calline. F. mployees should not attempt to give the canine a coremslid except in a situation where the handler is down. No one may feed anything to the calline without the speeifi~ approval from th? handier. TO: DEPARTMENT MEMORANDUM 96-56 All Personnel - Read at Roll Call FROM: R. J. Winkelhake, Chief of Police RE: ALARMS AND OPEN DOORS DATE: September 13, 1996 VVhen members of the department respond to a burglary alarm or find an open door our department policy for the situation is as follows: Burglar Alarm: 1. Check the exterior of the building for possible signs of a break-in. Also check for open doors. 2. If there are no signs of a break-in, contact individuals listed on an emergency contact card and ask for a representative to come to the location to reset the alarm. If the representative requests that an officer accompany them into the ' building, the officer will do so. 3. If there are signs of a break-in or attempted break-in, secure the perimeter of the building and contact a representative of the building to come to the location before an officer enters the building. The contact will allow the officers the opportunity to determine if anyone would be expected to be in the building. A supervisor will be called to the scene_before entry is made. 4. If a building representative can not be contacted, a supervisor will be advised and the building secured by the officer. The officer will initiate an extra watch for the property and will request that the day watch make contact with a building representative the next business day. The building representative will be informed of the date and time of the incident and be asked to complete an emergency contact card and return that card to the Police Department as soon as possible. Open Doors: For open doors which are found by members of the department or called into the department by members of the public, officers will secure the perimeter and call a building representative to come to the location before any officers enter the building. If a building representative cannot be contacted or does not desire to come to the location, the officers will secure the building an initiate an extra watch for the property and will request that the day watch make contact with a building representative the next business day. The building representative will be informed of the date and time of the incident and be asked to complete an emergency contact card and return the card to the Police Department as soon as possible. If there are indications that a break-in has taken place, such as a door broken by force, a broken window, a completely removed window, or an interior in disarray, the supervisor may authorize entry by officers if the department has not been able to make contact with a property representative. Additional Information: Letters will be sent to all known business locations in Iowa City in order to secure emergency contact information. There will be follow-up contact by the Crime Prevention Office in this area as well. The department will review the affects of having a dog or two which will be trained, among other things, for building searches. The issue of funding will also need to be reviewed. City of Iowa City MEMORANDUM DATE: Apr J 1 25, 1985 TO: FROM: RE: All Sworn Members, Iowa City Police Department Harvey D. Miller, Police Chief'~~,~ Police Use and Discharge of Firearms I. The foll c~ing guidelines will govern the use and discharge of firearms used in the 1 ine of duty by all members of the Iowa City Police Department. Justification for the use of deadly force must De I fm~ted to what reasonably appears to be the facts known or perceived by an officer at the time he/she decides to shoot. The officer's intent (defense while making an arrest or preventing an escape) are essential elements in later determination of justification of the act. Facts unknown to the officer, no matter how compelling, cannot be considered in later determining whether the shooting was justified. 1. Firearms will be drawn conditions: onl~ under the following A. To protect your own life or the life of another person, in those situations where the officer has a reasonable belief that substantial harm might befall him/her if deadly force was not present and immediately avallable; 8. As personal protection in building or area searches where the officer has a reasonable belief that substantial harm might befall him/her if deadly force was not present and ~mmediately available; C. For routine target practice as authorized by the Department, or for cleaning; D. As ordered b)' a Superior Officer. 2. Firearms will be drawn and discharged only under the following conditions: A. Wh~ le making a lawful arrest the use of deadly force is only justified when a person cannot be captured any other way and either: 1) The person has used or threatened to use deadly force in c c~nm~tting .~ +elony ; or 2) The peace officer reasonably believes the person would use deadly force against any person unless immediately apprehended; (804.8 Code of I o~a ) II. B. ¥o prevent the escape o~ an arrested person; justification same as 2A; (804.13 Code of Iowa C. Defense of self or anott~er where deadly force is present and its use is imminent; (704.3 Code of Iowa > D. To prevent the escape o$ a person charged w~th or convicted of a felony ~rcen any jail, penal institution, correction facility, or s:~:iar p;ace of confinement, or place of trial or other Judicial proceeding or who is being transported to such $acilities or proceedings, (704.8 Code of Iowa ). Note: In light of recent court rulings regarding fleeing felons (pre-arrest) and the use of deadly force, justification similar to that of ~ may be necessary. ~. An officer generally shall ,~,ot shoot at a suspect who he/she has reasonable grounds to believe is a juvenile. This paragraph ciDes not lim;t an officer's right to self defense or his/her defense of others whose i ives hey'she reasonably bel leves are in imminent per;~ as defined in 4. Officers wi ! I not ,ntentional ly use deaciiy force to effect the arrest or prevent the escape of a misdemeanant. 5. Warning shots will not be fired in attempt to induce surrender. ~. -Fhe Chief of Police, a Cc~r~nanding 0ff;cer or a Supervisor may authorize the cl,scharge of ~eapons for the destruction of animals in those case~ .... ,,~er-e _~c, trapment fails or where the animal may endanger the officer or member(s) of the public. Such destruction must be done as inconspicuously and inoffensively as possible an~ must not endanger the publ ic or proper ty. Discharge of Firearms - Duty ~o Report. I. All officers discharging firearms in ~i,v line of duty, except fo~ authorized training or destruction of an animal, ~ili su~nlt to the Chief of Police through the officer's Commanding Officer a written report in regard to the firearm's discharge. The report will contain the following information and be su0mitted prior to the end of te duty shift of the officer. ~ The officer's na~e~ 8. 0ate, time, and Incat;on of the event or incident; C. K~nd of event or incident; O. Nature and circumstances of the event or incident; E. Reasonable justification, if any, for the discharge of firearms; P. Number of rounds 0~scharged. 2. Officers discharging firearms in the line of duty, with the exception of training, or authorized destruction of an animal, will surrender all cartridge cases to his/her C~anding Officer. 3. Officers discharging firearms and where any individual is wounded or killed because of that discharge will i n~ediately surrender his/her weapon to his/her C~anding Officer pending the outco~ne of a Departmental investigation. Cc~nmanding Officers of the shift in which such an incident occurs will i nunediately require such reports and the submission of any testimony by any member of this Department to fully and factually explain the reason, rationale, and justification, if any, for the discharge of firearms under the conditions stated in this paragraph. This memo is effective immediately upon issuance. Any deviation ~ro~n the above provisions without the expressed consent of the Chief of Police or his designee will be subject to disciplinary action. ;iOWA ,ClT ..PO LICE: DEPARTMENT OF. FORCE REPORT neral Information Date Occurred Time Officer Involved I[--I Uniformed [] Nonuniformed IType of Premises ILighting [] lWeather Conditions INumber of Opponents Suspect Injuries- Officer Injudes - [] Not Injured Beat Type of Incident Badge # Incident Occurred [] Indoors [] Outdoors ILocation Daylight [] Dusk [] Night [] Incident Number Unit of Assignment [] On Duty [] Off Duty Supervisor on Scene [] Yes [] No Badge# Good Artificial [] Poor Artificial [] Clear [] Cloudy [] Rain [] Fog What weapons did they use? Not Injured [] Superficial [] Critical ~-1 Superficial [] Critical [] Killed [] Snow [] Dust Number of shots fired at you? [] Killed [] Unknown Physical IType of force used , [] Baton [] PR24 [] Firearm Discharge Force / Nonlethal Weapons Weapon Description Officer Position [] Standing Chemical Weapon [] Drawn Sidearm Type of Ammo used [] Handcuffs (Double Locked) [] Other [] Sitting [] Kneeling [] Lying Down [] Other Number of Shots Fired Are you Gun Worn [] Right Handed [] Right Side [] Left Side [] Left Handed [] Shoulder Holster [] Other [] Belt Did you have sight and aim? [] Yes [] No jDid you reload? J How many did you reload? [] Yes [] No Distance from subject when: ~ 't Shot Fired Last Shot Fired How long did it take you in seconds? Descdbe protective cover Did you count your shots? [] Yes [] No Number of shots fired? Double Action Single Action INumber of Bullets Recovered? I Location IDid your weapon function properly? [] Yes [] No - If no, explain in narrative on back side of this form. IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT umstances surrounding the use of said force Effects / Results of said use Officer Signature Supervisor IC ]tions Commander IChief of Police Date Date Date Date forms~useforce,doc Section 5. Standards Accreditation ACCREDITATION STANDARDS Attached are the relevant accreditation standards that have been developed by the Commission on Accreditation for Law Enforcement Agencies. The detail of all law enforcement standards is lengthy. We have taken the liberty ot l~lgt~lighting those that we believe satisfy the most pertinent issues. We have some concern for Section 1.2.3 as to the issue of search and seizure. This aspect of the law has been extensively reviewed, and therefore the intent is unclear. This matter will be dealt with at the time of the process of accreditation and City Attorney review. mgr~accred. LAW ENFORCEMENT ROLE AND AUTHORITY Standards in this chapter relate to the basic role and authority of law enforcement agencies. Subtopics address the development of policy concerning the law enforcement function, the limits of authority, and the use of force. When an agency defines its role, two broad purposes are served. First, officers are made aware of the actions and attitudes expected of them and can therefore act without hesitation in consonance with departmental policy. Second, members of the public are provided with a general standard by which they can measure the performance of the agency. Written policy defining the functional role should set forth the agency's purpose or mission, goals, and basic programs and priorities (see Chapter 13); the policy statement should also specify that the agency intends to be responsive to, and protect the constitutional rights of, the community. Each agency should have written policy recognizing the limits of law enforcement authority and the need for public approval and acceptance of that authority. The policy should define what constitutes the reasonable or unreasonable use of force. Among other things, the policy should address the need for agency accountability to the community through a formal procedure for public involvement in the development of policies and procedures (see Chapter 45) and should establish formal procedures for receiving commendations and complaints and for investigating allegations of misconduct (see Chapter 52). Written policy should set forth the enforcement policy of the agency, aletree the limits of individual discretion, and provide guidelines for the exercise of such discretion. Because the concept of discretion defies rigid codification, officers should be trained in how to exercise the broad discretionary authority they have been granted. 1.1 Law Enforcement Agency Role 1.2 Limits of Authority 1.1.1 A written directive requires all personnel, prior to assuming sworn status, to take and sub- sequently abide by an oath of office to enforce the law and uphold the nation's constitution or basic law of the land and, where applicable, those of governmental subch'visions. Commentary: None. (M M M M) 1.2.1 A written directive defines the legally man- dated authority vested in sworn agency personnel. Commentary: The written directive should define and elaborate on the scope and limits of law enforcement authority as it pertains to the enforce- ment of laws, statutes, ordinances, and arrests. (M M M M) 1.1.2 A written directive requires all sworn of- ricers to abide by a code or canon of ethics adopted by the agency. Commentary: The Canon of Ethics or Law En- forcement Code of Ethics published by the Interna- tional Association of Chiefs of Police or the Code of Ethics of the Office of the Sheriff adopted by the National Sheriffs' Association will satisfy the intent of this standard. Adherence to those codes of ethics and to the United Nations Code of Conduct for Law Enforcement Officials may be included as an element of the oath of office. (M M M M, !.2.2 A written directive governs procedures for assuring compliance with all applicable constitu- tional requirements, including: a. interview and interrogations; and b. access to counsel. Commentary: The areas relerred to in this stand- ard are coercion or involuntary nature of confes- sions and admissions, delay in arraignment, failure to inform defendants of their rights, deprivation of counsel, and pretrial publicity tending to prejudice April 1994 1 - 1 a fair trial. Juvenile procedures are addressed in 44.2.2 and 44.2.3. (M M M M) 1.2.3 A written directive governs search and seizure without a warrant by agency personnel, to include the following situations: a. search by consent; b. stop and frisk of an individual under cir- cumstances where the officer has articuiable reasons to fear for his/her safety; c. search of a vehicle under a movable vehicle ex- cepnon; d. at the scene of a crime; e. exigent circumstances, as where the public safety is endangered; f. inventory searches of seized vehicles or other property; and g. other situations authorized by state and federal constitutional provisions. Commentary: The intent of this standard is to pro- vide general guidelines and procedures for agency law enforcement personnel to follow in conducting searches that have not been reviewed and authorized by judicial personnel. (M M M M) 1.2.4 A written direcave specifies the procedures for any arrest, made with or without a warrant. Commentary: The written directive should in- clude procedures imposed by the U.S. Supreme Court, the courts of the applicable state and/or country, and any legislation pertaining to or governing the laws of arrest. Also included should be circumstances that permit a warrantless arrest; areas that may be searched incident to an arrest, both with and without a search warrant; and re- quirements that pertain to arrestee rights. The directive should be updated in a timely fashion so t_hat it reflects new decisions that add to the sub- stantive law of arrest. (M M M M) 12.5 A written directire defines the authority, guidelines, and circumstances when sworn person- nel may exercise alternatives to arrest, prearrcagn- merit confinement, and/or pretrial release. Commentary: Tbe written directire should iden- tify the authority of sworn officers to use alterna- tives to arrest, e.g., citations, summonses, referral, informal resolution, and warrang, to address the variety of problems they confront. Policy guides and procedural directions should be developed to ensure appropriate use of the alternatives by per- sonnel. (M M M M) 1.2.6 A written directive governs the use of discre- tion by sworn officers. Commentary: in many agencies, the exercise of discretion is defined by a combination of written enforcement policies, training, and supervision. The written directive should define the limits of in- dividual discretion and provide guidelines for exer- cising discretion within those limits. (See 61.1.2 and 61.1.5.) (M M M M) 1.3 Use of Force 1.3.1 A written directive states personnel will use only the force necessary to accomplish lawful ob- jectives. Commentary: None. (M M M M) 1.3.2 A written thrective states that an officer may use deadly force only when the officer reasonably believes that the action is in defenxe of human life, including the officer's own life, or in defense of any person in immediate danger of serious physical in- jury. Definitions of conditional terms, such as those for reasonable belief, serious physical injury, or similarly used terms that are used to qualify the directive, shall be included. Commentary: The intent of this standard is to es- tablish a clear-cut agency policy on the use of deadly force that is consistent with applicable law, and which provides officers with guidance in the use of force in life-and-death situations and to prevent unnece~ary loss of life. The agency should review this directive with all swom employees (see 1.3.11). The agency also may wish to cross-reference this policy in other critical policies, such as vehicle pursuits (see 41.2.2) and roadblocks (see 61.3.4). (M M M M) 1.3.3 A written directive governs the discharge of "warning" shots. Commentary: None. (M M M M) 1.3.4 A written directive governx the use of authorized less-than-lethal weapons by agency personnel. Commentary: None. (M M M M) 1.3.5 A written directlye specifies procedures for rendering appropriate medical aid after use of lethal and less-than-lethal weapon& Commentary: None. (M M M M) 1-2 April 1994 1.3.6 A written report is submitted whenever an employee: a. discharges a firearm, for other than training or recreational purposes ; b. takes an action that results in, or is alleged to have resulted in, injury or death of another per- son; c. applies force through the use of lethal or less- t. _han-lethal weapons; or d. appliesphysical force as defined by the agency. Commentary: An agency should carefully amine all incidents wherein its employees have mused or are alleged to have caused death or in- jury to another, have accidentally or intentionally discharged a timann, or have applied physical force upon another. The intent of this standard is to ensure that each event is properly documented whenever an employee is involved in an incident of this type. ff physically able, the employee involved should be required to verbally report hisfner involvement within a specified time period. The verbal report should be committed to writing as soon as practical thereafter. Written procedures should state by whom, when, and how the report will be submitted. The standard is not intended to document the display of weapons by officers. (MMMM) 1,3.7 The agency has a procedure Jbr reviewing the report required by standard 1.3.6. Commentary: None. (M M M M) 13.8 A written directive requires the removalJrom line-duty assignment, pending administrative review, any employee whose actions or use of jbrce results in a death or serious physical injury. Commentary: The purpose of this standard is twofold: to protect the community's interest when officers may have exceeded the scope of their authority in their actions or in their use of force and to shield officers who have not exceeded the scope of their authority from possible confrontations with the community. The agency should consider removing from line- of-duty status all officers involved in a critical or traumatic incident. During the period of ad- ministrative leave, the agency should consider provisions for post-incidem debriefing or counsel- mg for those employees involved, as needed. in some critical incidents, the employee's family may require assistance also. The removal process may have a detrimental effect on employees involved. Agencies may wish to routinely include a review of these procedures during in-service training sessions (see 1.3.11) to enhance understanding of this procedure. (M M M M) 1.3.9 A written directive requires that only weapons and ammunition meeting agency- authorized specifications be used by agency per- sonnel in law enforcement responsibilities both on or off duty. The directive must address: a. the types and specifications of all lethal and less-than-lethal weapons approved for use; b. the types and specifications of ammunition ap- proved for use; c. the procedure for review, inspection, and ap- proval of all weapons intended for use by each employee in the performance of duty, prior to carping, by a qualified weapons instructor or armorer, and a process to remove unsafe weapons; and d. the procedure for maintaining a record on each weapon approved by the agency for official use. Commentary: The intent of this standard is to es- tablish strict agency control over all firearms, weapons, and ammunition it allows members to carry and use in the performance of their official duties, both on and/or off duty. Clear guidelines should be established for exact types and specifica- tions of each category and include the proficiency levels associated with each weapon. For firearms, the agency should establish an ap- proval process. Each firearm should be identified, meet the agency's established criteria and be safe and in good working order. The user should demonstrate his or her proficiency in using the firearm on an approved qualifying course before being approved, in writing, by the agency, to carry and use tlae firearm. A certified firearms instructor or armorer should inspect and approve the firearm and oversee the proficiency testing. A complete record of all weapons approved by the agency should be maintained. For firearms the record should list the type, description, identifying model, and serial numbers of each firearm, as well as the identity of the owner or assignee. The record should also include the name of the official making the approval, the date of approval, the coupe fired, and all scores used to qualify the user on the demonstration of proficiency. All approvals should be conditional upon periodic requalificafion put- April 1994 1-3 ~aant to procedure established to comply with standard 1.3.11. (M M M M) i3,10 A written directive requires that only enu?loyees demonstrating proficiency in the use of agency-authorized weapons be approved to carry such weapons. Commentary: The intent of this standard is to c~9,~ver the carrying and use, both on and off duty, of ~ weapons, such as handguns, shotguns, chemical sprays, or striking weapons (see 1.3.9). Demonstrated proficiency includes achieving mini- mum qualifying scores on a prescribed course; at- ~_~-fing and demonstrating a knowledge of the laws concerning the use of authorized weapons and Lrrowledge of agency policy(s) on the use of force, escalating force, and deadly force; and being familiar with recognized safe-handling procedures lot the use of these weapons. The instruction and qualification of all weapons should be provided by a certified weapons instructor. (M M M M) 1.3.11 At least annually, each employee is re- quired to receive in-service trainin£ on the age~-~cy's use-of-force policies and d~monstrate proficiency with any approved weapon that the employee is authorized to use. In addition: a_proficiency training must be monitored by a cert(tied weapons instructor; b. training and proficiency must be documented; and c. the agency must have procedures for remedial training for those employees who are unable to qualify with an authorized weapon prior to resuming oJJ~cial duties. Commentary: None. (M M M M) 1.3.12 A written directive requires that all employees authorized to carry weapons be issued copies of and be instructed in the policies described in standards 1.3.1 through 1_?.5 before being authorized to carry a weapon. The issuance and instruction shall be documented. Commentary: None. (M M M M) 1.3.13 The agency conducts an annual analysis of those reports required by standard 1.3.6. Commentary: A review of incidents of force may reveal patterns or trends that could indicate training needs and/or policy modifications. (M M M M) -4. April 1994 12 DIRECTION Standards in this chapter relate to direction and supervision. They are concerned with chain of command, chief executive officer authority, supervisory accountability, and a written directire system. Accredited agencies must have a formal written directire system. The system provides employees with a clear understanding of operating constraints and organizational expectations. 12.1 Direction 12.1.1 A written statement issued by a unit of government, a law or ordinance, or combination thereof designates the authority and responsibility of the chief executive officer. Commentary: None. (M M M M) 12.1.2 A written directive establishes the com- mand protocol for the following situations, at a minimum: a. in the absence of the chief executive officer; b. tn exceptional situations ; c in situations involving personnel of different ]itnctions engaged in a single operation; and d. in normal day-to-day agency operations. Commentary: A system of succession should be established to ensure that leadership is available when the agency's chief executive officer is incapacitated, off duty, out of town, or otherwise unable to command. For anticipated absences for extended periods, the CEO should designate, in writing, an "acting" authority. Command also may be predetermined for certain emergency or unusual occurrences (see Chapter 46) and for specific operational activities. Commana protocol should clarify authority, alleviate confusion, and ensure uninterrupted leadership. (See 61.2.3.) (M M M M) 12.1.3 A written directire requires employees to obey any lawful order of a superior, including any order relayed from a superior by an employee of the same or lesser rank. The directrye must also in- clude procedures to be followed by an employee who receives a conflicting or unlawful order. Commentary: None. (M M M M) 12.1.4 A written directive establishes procedures for communication, coordination, and cooperation among all agency functions. Commentary: All functions should encourage and support the exchange of information with spe- cialized and support components for the purpose of coordinating activities. There are a number of ways to communicate information, such as attendance of investigative personnel at patrol roll calls (see 42.2.6), staff meetings, and exchange of daily bul- letins. (0 0 0 O) 12.2 Written Directives 12.2.1 The agency has a written direcave system that includes, at a minimum, the following : a. a policy statement that vests in the agency's chief executive officer the authority to issue, modify, or approve agency written directives; b. identification of the persons or positions, other than the agency's chief executive officer, authorized to issue written directives; a description of the written directives system format; procedures for indexing, purging, updating, and revising directives; statements of agency policy, rules and regula- tions; procedures for carrying out agency activities; and procedures for staff review of proposed policies, procedures, rules, and regulations prior to their promulgation, Commentary: The agency should establish a for- real written din efive system to provide employees with a clear understanding of the constraints and Go April 1994 12-i expectations relating to the performance of their duties. The written directdye system should permit rapid access to individual policies, procedures, and rules and regulations and should differentiate, if necessary, types of directives, e.g., general order, special order, personnel order. (M M M M) 12.2.2 A written directire establishes procedures for the dissemination and storage of agency written directives, and addresses, at a minimum, the fol- lowing: a. dissemination of existing, new, or newly revised directives to all affected personnel whether (1) in hard-copy form or (2) through a com- puterized documentation system, backed up by hard copies of the directives in sufficient num- ber to place at specified accessible locations for reference by all personnel affected by the direc- tives; b. storage of written directives whether (1) by their incorporation into manuals. or (2) by their storage in a computerized documentation system and placement of hard copies in manuals put at specified accessible locations for reference by all personnel affected by the directives; and c. acknowledgment indicating receipt and review of disseminated directives by affected personnel whether in written form or in some other way that is at least equally effective. Commentary: Regarding the option of dissemi- nating written directives in hard-copy form (for example, typewriter, photocopies, or printed directives), the agency may either distribute the directives to each person affected by them or place the directives at specified locations if timely access to the directives for reference by affected personnel can be assured. Regarding the computerized dis- semination system, back-up hard copies are placed at specified accessible locations so that personnel can refer to directives in a timely manner when, for example, the computerized documentation system is not operating or otherwise inaccessible. Bullet (c) requires that, within a reasonable period after issuance, employee receipt and review is documented. In the context of a computerized documentation system, "receipt" means that an issued directive has been electronically accessed, or printed out, by the intended recipient. "Acknow- ledgment" means the recipient creates a record of each receipt and review. The task of assuring that recipients correctly understand written directives is, in part, a function of training, such as noted in standards 33.4.4, 33.5.1, and 33.7.1. (M M M M) 12-2 April 1994 Section 6. City Council Questions/Answers As of: January 24, 1997 11:30 AM Questions Regarding the Shaw Incident 1. Why shouldn't we fire the Chief of Police, R. J. Winkelhake? Answer: Not answered by staff. 2. Why shouldn't the City Manager, Steve Atkins, be fired? Answer: Not answered by staff. 3. Why is Officer Kelsay still with the ICPD? Answer: Not answered by staff. Why was Officer Kelsay allowed to remain on the scene after other officers arrived to secure the area? Answer: Keisay was aftowed to remain on the scene because it was believed that the DC/ agents would respond to the scene and Kelsay would then be present to answer questions for the DCl. There were ICPD supervisory personnel at the scene to monitor the movements of persons at the crime scene and prevent the contamination of the scene. Kelsay remained at the scene until it was determined that the DCl would con- duct their preliminary interviews at the station. Kelsay then went to the station. By that t/me, the other officers involved were a/ready at the station, waiting/n separate rooms. Kelsay remained at the scene awaiting the DCl. This caused him to be present when Jay and Blossom Shaw arrived after having received a call from David Butitta and speaking with Captain Harney via phone at the police department. As stated/n the past the officers were separated very quickly after the shooting and were not together again until after the DCl agents had spoken with them individually. At the scene, Giilaspie was removed from the immediate scene to a police vehicle. Zacharias was taken by Sgt. Steffen to a separate police vehicle for an on-scene interview about the incident. Ke/say provided information to supervisors on scene regarding the inc/dent while dec/- s/ons about the follow-up investigation, scope of the crime scene perimeter, and supervi- sion of the crime scene were being made, as well as remaining on scene for the arrival of the DCl. The decision to leave Kelsay on the scene was based on his ability at the time to give clear and concise information to the arriving supervisors. Sgt. Jackson arrived approximately one and one-ha/f minutes after being requested and Sgt. Wyss and Lt. Johnson roughly 4 minutes after Sgt. Jackson's arrival. This answer also relates to Questions 15, 38, and 58° Was the open door policy indeed changed in January of 1996 to allow entry through an open door at a commercial property without first calling the owner? If so, why? Answer: No. There was no change to the policy concerning "open doors"/n January 1996. The "change" that took place dealt with the "use of force "policy, and prohibited warning shots -- which was a restatement of policy, not a change. However, the only written reference to the "open door/security check of commercial buildings " practice/s found in the Field Training matefta& Why are we using hollow point bullets? Answer: The bullets flatten upon impact rather than continuing through the object and striking other objects. Why don't we keep computer log statistics about the drawing of guns by the ICPD? I would like to know how many times over the last three years that guns were drawn, the kind of situation it was, the officers involved, how long the officers have been on the force, and their training history. What are the trends, if any? I understand that each case file will have to be pulled to find if a gun was drawn. This research could be started immediately. Even if a majority of council members want to ask the PCRB to evaluate the information, the gathering of the information could start now. Answer: The Iowa City Police Department has not recorded drawn weapons in a manner which makes the data readily available. The department has not recorded this informa- t/on since June 1989 nor are we aware of records or reports from before June 1989. A review of over 64,000 ca/is for service, which generated e/even thousand, three hundred case files (11,300) for 1996 indicated that members of the department had drawn or discharged their service weapon sixty-one (61) times. Of the sixty-one (61) times, officers destroyed an injured animal thirty (30) times. Seventeen (17) times during building searches, one (1) arrest during search. Three (3) times during incidents reported as individual with a gun. Three (3) times during inc/dents of individuals bran- dish/ng a knife. Two (2) times during felony traffic stops. One each for the following types of incidents: burglary suspects, fight investigation suspect upstairs, robbery, arrest of subject, handcuffing suspect and during a domestic. The policy of the Iowa City Police Department was changed in October of 1996 to record when weapons are drawn as well as other uses of force. Many police depart- ments do not require a record of department members drawing a weapon. Will the PCRB be asked to do any follow up investigation into the shooting of Eric Shaw? If so, what will be their specific direction? Answer: Question to be answered by City Council Are our procedures generally the same as other police departments in Iowa? Answer: In large measure the policies of the Iowa City Police Department are generally the same as other departments in Iowa regarding "use of force" and "open door security checks, "but see other sections of the report for more detailed comparisons. 10. Did we follow those procedures in the Shaw incident? Answer: Yes, with the exception of Officer Gi/lasp/e's improper and unjust/fled use of deadly force. 11. How many times have Iowa City officers fired their weapons in the last 20 years? Answer: Since R. J. Winkelhake became Chief of Police in June 1989, members of the department have discharged weapons four (4) times other than training, qualification exercises and to destroy an injured animal In 1996 officers destroyed injured animals on thirty (30) occasions. The four (4) times were: one warning shot - officer disci- plined, two accidental discharges - officer disciplined. The fourth time was the Gillaspie incident. R. J. Winkelhake has also seen a DCI report of a shooting by an Iowa City Police Officer in 1985, which involved an individual who had a handgun which he discharged into the floor of an apartment building. The individual then began moving the gun up and towards a police officer. The officer fired striking the individual in the lower body trunk. 12. It is my understanding that the Iowa Law Enforcement Academy trains cadets to: · Not use warning shots or warning shouts. · When they shoot, shoot to kill versus immobilize or maim. Is this true? If so, what is the rationale for these ways of providing police service? Answer: The Academy teaches to never fire warning shots as part of the safe use of firearms. The Academy does train officers to use verbal skills when the officers believe such to be feasible, depending on the situation and safety concerns of the officers. The Academy does train officers to place rounds to center mass for maximum stopping effectiveness and minimal risk to others. 13. It would be helpful to know what actions the City Manager, Police Chief, and City Attorney took in the first month after the shooting of Eric Shaw. Maybe a timeframe with actions taken by both employees would be useful in articulating and accounting for their actions. City Manager Answer: Early Saturday morning, August 31, I was called at my home by Chief Winkelhake and he advised me of the issues involving the shooting of Eric Shaw. Rather than discuss the issue on the telephone I went to the Civic Center and met with Chief Winkelhake, Lt. Johnson and Sgt. Wyss. At that meeting they explained to me the circumstances as they knew them to be and I was advised that the DCl had been called by Lt. Johnson and they had assumed control of the investigation. Later on that morning I began informing Council Members I could reach by telephone of the circumstances. We also discussed the importance of having a representative of the City Attorney's Office present. I was unable to reach Linda by telephone but by good fortune I saw Assistant City Attorney Dennis Mitchell with his family attending the Farmer's Market. I asked Dennis to come to the Civic Center and be briefed by the Police concerning this issue. I did not attend that meeting. There were many issues that were presented to me and a variety of circumstances over the next 30 days. I did not keep a written detail or log of specific meetings or action, other than a meeting on Labor Day, September 2. I called and asked that Dale, Sylvia, R.J. and later on Linda reached me and we scheduled a meeting for Labor Day to discuss the various issues. 3 In that the shooting occurred on the Iabor Day holiday weekend, we all expected that there would be some delay in our ability to respond with information to the public and/or any others involved. The circumstances and the fact the State DCl and County Attorney were in substantial control of the investigation and related decision-making made information gathering difficult. Any information distribution which we could either legally or practically disseminate would be difficult. On Wednesday, September4, R.J. and I talked about the importance of trying to get some public information, that is some sort of City response to the circumstances. At the very least let the public know what we knew was going on. I had spoken with some Council members since my Saturday morning conversation and they had expressed concern for lack of public information in particular a city response. The next day we set in motion an attempt to organize a press conference as soon as practical. I discussed this issue with a number of people. Al- though we did not have substantial additional information, we felt some obligation to pursue some type of public information process. I contacted the media informally through my relations with them in an attempt to organize a press conference and in order to get some ideas. I also spoke with the City Attorney and County Attorney to seek their advice on what could and could not be released. We chose not to have the press conference over the weekend thinking that Monday the 9th would be a far better time and we would have far better news coverage. This proved to be the case due to the fact that the news media and particular radio and television carried the conference live. I had invited the County Attorney to attend the meeting but he was unable to do so due to scheduling conflicts. At a subsequent meeting I asked him to attend a City Council meeting and explain to the Council as best he could the issues at hand. We are all aware of that meeting. Shortly after the incident on August 31, the Chief advised officers Kelsay, Zacharias and G/llaspie that they would be placed on administrative leave in accordance with our administrative procedure. He confirmed that decision with me. The Chief initiated the internal affairs invest/gat/on and assigned the responsibility to Its. Fort and Sellers. The DCl continued in charge of the investigation and while the internal affairs investigation was underway we had to await DCl information that could be made available for use in the internal affairs report. That information was substantially under the control of the County Attorney. The internal affairs investigation was concluded and released on October 11, 1996, as well as City actions with respect to discipline. The County Attorney's review and decision-making would occur on October 3. Also during September I prepared a summary of news clippings and other relevant information for Jim Shaw at his request. He was unaware of the early information and I prepared a clip file and sent it to his home in Milwaukee. Also during that month there was the City Council meetings and executive sessions. I also participated in a forum at Old Brick sponsored by the Press-Citizen. I also spoke with Jim Shaw about police presence/n his brother's neighborhood and I told him we would do our best to minimize the number of marked units in the area, but still provide police protection. / was involved in numerous meetings with the City Attorney, representatives of our Risk Management staff, the Police, the County Attorney, and individual Council members. / did not keep detailed minutes or notes from these meetings. The work / prepared for the PCRB has been submitted to City Council. City Attorney Answer: On the morning of Saturday, August 31, 1996, I received a phone call from R.J. Winkelhake, Chief of Police telling me about the shooting incident. On and off during 4 that day, I spoke with R.J. several times on various legal and other questions. With respect to my advice on the three officers discussions with the media, my advice was "clearly no, I do not want Officer Kelsay, Officer G#1aspie, or Officer Zacharias speaking with the media --. "lalso talked to Steve Atkins several times that day, and he informed me he had spoken with each of the Council Members - at least the ones he was able to reach. Steve Atkins, R.J. Winkelhake, Dale Helling, and I then arranged to meet on Monday, September 2, 1996 -- which we did in the City Attorney's Conference Room. Sylvia Mejia was also present. At that meeting we discussed the need to get counseling for all three of the officers, the information that could be made available to the public about the officers (e.g. how long on the police force), and I was informed press releases were made as to the officers involved and their administrative leave status pen. ding investiga- tion. By that time, the DCI had been called in and were working on the case. Both Steve and R.J. were very concerned that we not release information, so as not to compromise the investigation or agitate the investigators. On Monday, just prior to my meeting with Steve, R.J., etc., I spoke with Troy Kelsay on the telephone. I heard the basics of the incident. All the relevant facts were later corroborated by additional investigative statements, sworn statements, etc. I have a log of my time and activities and other City Attorney Office staff time charged to the Shaw incident, beginning August 31, 1996. I had my secretary Annie Rowley run the "billable hours" for my time on this matter through mid-January. As of January 23, 1997, staff in my office (with the exception of Sarah Holocek, whose hours were not included), totaled over 400 hours - 226 of which are my mine. During the first month, Charlie Brooke and I interviewed Officer Zacharias, and I spoke frequently with Charlie Brooke, who was the attorney retained by our insurance adminis- trative services (Willis Corroon). I also talked regularly with Bruce Walker, retained to represent Officer Gillaspie. I spoke with a number of attorneys and the Polk County Sheriff who are knowledgeable of law enforcement procedures as to the events of August 30, including several law professors and former law professors. I reviewed relevant police procedures. I had a long discussion with R.J. over the incident, and Police Officer Schultz brought over the Beretta gun, gave me a manual and explained the operation of the gun. All this took place before the press conference. Thereafter, I had daily, indeed hourly contact with R.J., Steve and Dale and my attorney staff. I met frequently with the City Council in executive session; I had many strategy meetings with the attorneys representing Gillaspie, our insurance administrator and my own s ta ff attorneys; I had a number o f mee tings with City Council Members concerning news articles. That first week I began researching applicable law. My staff kept all of the attorneys and insurance representatives current on media coverage, sending copies on a regular basis. My staff and I also reviewed, in detail, the Iowa City Police Department training video with R.J. Winkelhake and Lt. Matt Johnson on "use of force"; reviewed the police procedures on use of deadly force; and researched whether I could make the internal affairs report public. I redacted the report according to Iowa caselaw, and my office then put the Internal Affairs Report in final form. I would be happy to make my "chargeback system listing" available to the City Council members individually, but I will not release this chargeback listing to the public -- since it is "privileged and confidential" under Iowa law. 5 If you have more specific questions, please ask. Police Chief Answer: I was contactedby Lt. Johnson andinformed of the shooting of Eric Shaw. Lt. Johnson also informed me that the scene was secured by Iowa City Police Department members under the supervision of department supervision at the scene. We also discussed the request to have the DCI called in to handle the investigation. Contact was made with the County Attorney's Office. The department provided facilities and assistance as requested. All information that our department had was provided to the DCI and County Attorney's office. Early in the morning of August 31, 1996 1 contacted the City Manager, who drove to the station and was given what details we had available to us at that time. Dennis Mitchell was also briefed regarding the shooting. I spoke with DCI Agent Benson with regards to a discussion I was going to have with Gillaspie, Kelsay, and Zacharias regarding Administrative Leave. I also informed DCl Agent Benson that a chaplain for the department would be in the building to talk to the officers involved and other employees as well. The chaplain requested that the depart- ment contact a member of a crisis team to come to the station to work with Gillaspie. That was done. Arrangements were made for chaplain to come to the station at various times to be available to all employees. Two debriefs were scheduled with the crisis team for assistance to any employee who wanted their help. This occurred within the first week to ten days. On September 2, 19961 met with the City Manager, Assistant City Manager, Personnel Administrator, and City Attorney to provide them with what information the police department had available. A great deal of information that we would have had available if our department was conducting the investigation was not available because the DCl was the investigating agency. The police department's position was to provide any information and/or assistance to the DCI and County Attorney that we could, but not to interfere with the DCI's investigation. This position was conveyed to all department members. During the first week of September of 1996 there were numerous contacts with the City Manager, City Legal staff, Personnel, etc. about the shooting. I did not keep a log of the dates and times of the meeting nor of the specific context of the meetings. Since the time of the shooting there have been numerous discussion with groups of employees as well as individuals to provide them with what information was available. Also, the City Manager and I meet to discuss the method to provide more information or at least what we had available to the public. That was done on September 9, 1996. Also, in the first week of September 1996 I spoke with the doctor to whom Officers Gillaspie, Kelsay, and Zacharias had been referred to. I discussed my concerns, as well as requirements before any of the officers would be allowed to return to active duty status. On September 5, 1996, I assigned Lieutenant's Fort and Sellers to conduct an Internal Affairs Investigation into the shooting. The Lieutenant's were told that their investiga- 14. 15. tion was to be an Administrative Investigation, not a Criminal Investigation because the DCl was conducting a Criminal Investigation. Because of the different investigations it was important that the DCl interview the individuals before the Lieutenant's. On September 16, 19961 changed the response policy for the department with respect to open doors and alarms. There were meetings with supervisors to explain the new policy and why I instituted the change in policy. At the end of September 19961 was given the Internal Affairs report from Lieutenant's Fort and Sellers, which I reviewed and then made arrangements to meet with Officer Gillaspie and his attorney. The meeting with Officer Gillaspie took place on October 1, 1996. Before the October 1, 1996 meeting I attended an executive session of the City Council. Throughout the first month there were numerous meetings with department personnel, almost da#y, to review the shooting, update of what informat/on, discuss the concerns with media coverage, and generally to keep the department on track to perform the task of law enforcement in a professional manner. [End of Police Chief Answer] I believe that the City Council also needs to do this, although, very little would be on such a timeframe. This should also be part of our accounting of events, although I know there are not four votes to make such an accounting. Was the change in policy in January looked at by the City Attorney's office? Are changes in policy at the ICPD in general looked at by the City Attorney's office as our other department's policies? Answer: The Chief does not recall. The "change" in January was not a change, rather a restatement of a long standing policy regarding "no warning shots." There was no change in January 1995 or January, 1996 regarding the "open door" policy. We are not sure where this information came from. Yes, General Orders are usual/)/reviewed by, the City Attorney's Office. Input on policy and procedures are requested from other sources as well, including Personnel, Human Rights Commission, City Purchasing and the Equipment Division. How long was Kelsay at the scene after supervisory officers arrived? If he was allowed to stay on the scene longer than a reasonable time to relay information about the situation, why was this allowed? Why was he there long enough to interact with Jay and Blossom Shaw? See answer to Question #4. 7 16. How many times (in the last year or so) officers had guns drawn on them? Other weapons, e.g., knives, baseball bats, tools, etc.? Answer:in 1995 and 1996 Officers were required to deal with ninety-seven (97) inci- dents involving some type of cutting instrument or firearm. Sixty (60) of the incidents involved cutting instruments and thirty-seven (37) involved firearms. This information is from reports in which the weapons were seized by the officers. 17. We have been told by members of the public that officers on the scene made initial statements that were more damning than their later statements about the same events. For example, was Gillaspie seen stepping back out of the door, raising his gun, pointing, and firing--indicating premeditation and forethought--or was he not? Why is there disagreement about this? Answer: Jeff Gillaspie's statement, as reported to Sgt. Jackson within minutes after the shooting, was to the effect that "he said as he opened the door he saw someone, saw their hands and something in the hands being raised. "Jeff said he saw the object and shot. Jeff said the object turned out to be a telephone. [See Section 2-D of the Internal Affairs Report No. 96-3§, p. 2.] We have no explanation as to why some see "disagreement, "since the words speak for themselves. 18. How long before the DCI was on the scene? Again, conflicting versions have been aired in public. Answer: The DCl was contacted by Lt. Johnson at 12:10AM. This was accomplished by a call to Cedar Rapids State Radio asking for the agent on call. CR State Radio advised that they would contact the duty officer and have him contact Lt. Johnson. At 12:15AM, Special Agent Joe Diaz, the duty officer from Des Moines called Lt. Johnson and was briefed on the request for an external investigation. A t 12:40AM, SAC Benson was contacted by Diaz and immediately contacted ICPD regarding the request. Benson indicated he would summon agents and direct them to the ICPD. Benson contacted the DCl Criminallstics Lab and requested the Crime Lab as well as making calls summoning other agents. At 1:30AM, SAC Benson arrived at the ICPD. Between 1:30A M and 3:20AM, Benson designated SpecialAgent DeRooi as the prima/¥ investigator for the incident. At 3:20AM, the DCl Crime Lab arrived from Des Moines. Between 3:20AM and 5:20AM, a search warrant was prepared to conduct a search of the crime scene. At 5:20AM, the Crime Lab arrived at the scene. 19. Was Shaw known personally by Kelsay or Gillaspie prior to the shooting? Answer: No. As far as we can discern neither Officer Gillaspie nor Officer Kelsay knew Eric Shaw personally, and we have no reason to beEeve otherwise. 20. How much time were Kelsay and Gillaspie alone together after the shooting? Is there a policy about this? Answer: Officer Kelsay requested an ambulance and supervisor at 11:44PM. The first supervisor on the scene arrived at 11:46PM, which was less than two minutes after the request was made. Before the first supervisor arrived, Officer Kelsay told Officer 8 21. 22. 23. Zacharias to take Officer Gillaspie away from the immediate area of the shooting. Officer Prestegard arrived at about the same time the first supervisor did. Officer Prestegard stayed with Officer Gillaspie and then transported Officer Gillaspie to the station and remained with him throughout the night. As other supervisors and officers arrived, Officer Zacharias was also put in a vehicle. Officers Gillaspie, Kelsay and Zacharias were not together again. The practice is to separate those directly involved as soon as possible. Did any officer see Shaw through the window prior to Gillaspie entering building? If not, why not? If so, why was there no verbal warning prior to entering? Answer: No, none of the officers saw Shaw before opening the door. Officer Kelsay checked the door and windows on the east and north walls before he requested assis- tance to check further. The windows were mostly covered because of articles inside the building, so a view of the area where Eric Shaw apparently sat or stood was ob- structed when Officer Kelsay checked. When Officer Gillaspie approached the building, he also looked into the window on the north side of the building, but was not able to see anything due to the items which obstructed the view into the building. When the scene was later made available to the public, the articles stacked along the walls and in front of the windows had been moved away from the windows. When the weapon was discharged the officers were still attempting to determine what the officers were dealing with. The door was being pushed open to provide a view to the inside of the building. Are there any significant IC Police procedures that are atypical for Iowa? (I know, a very broad question, but let's begin there.) Answer: Not really, although the new policy on "open door/building security checks" seems to be more restrictive. How does the IC Police Department compare to other Iowa Police Departments in the number of complaints filed against its officers? Answer: Iowa City Police Department conducts an average of 14 internal affairs investi- gations per year. The following is information obtained from other departments: Ames Police Dept.: Most handled by watch supervisors. About six (6) internal affairs investigations per year. Cedar Rapids Police Dept. Cedar Falls Police Dept. Cora/ville Police Dept. Most handled by watch supervisors. About ten (10) internal affairs per year. Most handled by watch supervisors. One to one and one-half (1-1 1/2) internal affairs per year. Twenty (20) to twenty-five (25) which are all com- plaints brought to their attention. Dubuque Police Dept. Most handled by watch supervisor. Newton Police Dept. Polk County Police Dept. Sioux City Police Dept. Waterloo Police Dept. West Des Moines Police Dept. Davenport Police Dept. About twelve (12) internal affairs investigations per year. Most handled by watch supervisor. About six to seven (6-7) internal affairs investigation per year. Most handled by watch supervisor. About two (2) internal affairs investigations per year. Most handled by watch supervisor. About twenty (20) internal affairs investigations per year. Most handled by watch supervisor. About ten to twenty (10-20) internal affairs investiga- tions per year. Have not received a response from them yet. Most handled by watch supervisor. About ninety-five to ninety-seven (95-97) internal affairs investigations per year. 24. 25. Prior to this shooting, did any council member receive complaints about any officer or the Chief? Did any council member have concerns about the Police Department prior to this shooting? If so, how were those concerns articulated? If asked to evaluate the Chief prior to this shooting, what would individual council members say? Answer: Staff is unable to answer this question. Is it acceptable that the Chief says "1 am not a gun person" when asked specific ques- tions about the weapons of the IC Police Department? Answer: The Chief's statement appears to have been misinterpreted. The statement came in response to a technical question about the mechanics of the sidearm carried by Iowa City Police Officers. While Chief Winkelhake is fully knowledgeable regarding the effective use and safe handling of the weapon, his reference to not being a "gun person" was meant to convey that he has no extensive knowledge of its internal workings or of the detailed manufacturer's specifications. 26. How is the Chief briefed each day about the prior day's police activities? Answer: There are a number of different methods in which the Chief of Police is briefed about not only the prior day's activities, but a/so about expected future actions. These include verbal discussions, review of incidents, and review of a "blotter" which is a compilation of a// the ca/is for service that have been logged into the CAD (computer aided dispatch) system for the prior day. Also, internal memos are directed to the Chief to apprise him of information or requests regarding police service. The Chief also conducts weekly meetings with the Field Operations Commander, the Administrative Services Commander, and the investigations Commander to keep apprised of activ/ties /n each d/vision. The Chief meets informally, daily, with the commanders and supervi- 10 sors of the uniform patrol watches to stay abreast of activities and developments in the Patro/ Division. 27. Does any police department keep accurate records of how often officers "draw" their weapons? If so, how is it done? If so, why has it not been done here? If figures are available for this department, do those figures show a pattern of who does it? Age? Experience? Training? Answer: Yes, our 1991 policy on "Use of Force" required a report. Newton and Polk County require a report, and also prepare an annual report to the public. The policy of the Iowa City Police Department has been changed to require a report whenever a weapon is drawn. This new "Report of Force" form specifically requires a report on display of weapons. The new reporting requirement is being followed. 28. Can we determine the exact position of Eric Shaw when he was shot? Answer: The DCl Supervisor, Rick Benson, has indicated that the' exact position cannot be determined. He also stated this is not unusual. 29. What happened just before the shooting? a. Was the out-of-uniform officer on duty in the area? Or did he just happen by? b. Did he - or the officers he contacted - know the area and it's citizens very well? c. Did any of the officers on the scene make any effort to learn about the establish- ment they were observing, and about to enter? d. What is the SOP for entering a building with a door ajar? · Is the presence of illumination a consideration? Are warning signals of any kind (bullhorn, flashlight) involved? Are any legal issues involved in such entries? Answer: Officer Kelsay and other members of the Investigations unit (Sgt. Wyss, Lt. Johnson) were on-duty and working an assignment directed at apprehending those responsible for the rash of business burglaries that were occurring the weeks prior to this incident. The officers present were familiar with the area south of the railroad tracks near Bowery and Prentiss Streets, but they were not familiar with the citizens of that area and specifically unfamiliar with the Shaw family. The officers on scene were making efforts to gather information about the establishment as a "security check "by attempting to check the windows of the establishment, as well as opening the door to observe the interior of the establishment. The SOP for entering buildings with open doors involves several elements: Exercising caution; going slow; and gathering informat/on. ///urn/nat/on/s a consideration in these circumstances. The use of warning signals (bullhorns, flashlights, etc.) are circumstantial considerations and are employed when their use is deemed beneficial. There are always legal considerations involved in such situations (see the City Attorney's separate report.) 30. What happened right after the shooting? 11 a. When was the Chief notified? What did he then do? Whom did he notify? b. Why was the DCI called in? By whom? When? c. Who "controlled the scene" before the DCI arrived? How long? Who was there? d. Did officers at the scene talk to one another or to others who arrived before the DCI? Are these interchanges recorded in any way? e. Were interchanges between DCI agents and local officers, or between agents or officers and medics and others at the scene, recorded in any way? f. Were video cameras used at any time? Were they available? Answer: The Chief was contacted immediately after the DCI was summoned (approxi- mately 12:10AM). This notification was made by Lt. Johnson. The Chief then drove to the station. Later in the morning he contacted the City Manager. Contact with the Johnson County Attorney's Office (Asst. County Attorney Janet Lyness, County Attorney J. Patrick White) had also been made as well as contact to the Commander of Field Operations (Capt. Harney). The DCI was summoned because the incident involved an investigation that would involve an officer of the Iowa City Police Department, thereby calling for an investigation by an outside agency. The DCI has historically investigated incidents of this nature within the State of Iowa, although some jurisdic- tions either do their own (Polk County) or use the Sheriff's Department (Waterloo.) The DCI was summoned by L T. Johnson with the first call to the DCI being made at 12:10AM. The scene was secured by the Iowa City Police department prior to the arrival of the DCI. Several members of the ICPD were present during this time including: Lt. Johnson, Sgts. Jackson, Steffen, Wyss, Officers Hurd, Prestegard and Lippold. There were exchanges between officers present on the scene. If these exchanges contained anything substantive, they would have been recorded in the officer's supple- mental incident reports. The exchanges between the DCI and the officers/medics/fire personnel on scene would have been recorded in the same manner, had there been substantive information in those exchanges. Video cameras were not used on the scene. Video cameras are available both to the ICPD and to the DCI. The use of video at a crime scene by the DCI, which is the agency responsible for conducting this investigation, was a decision for the DCI. 31. What are policies about drawing weapons? a. What are the guidelines for drawing a weapon? For "arming" it? Answer: Officers discretion based upon the officers' reasonable belief for the need for the weapon to be drawn in order to protect the safety of the officer or possibly others. Weapons are always carried "armed". b. What reports are made, what records kept, what reviews carried out? Answer: If the weapon is used a report is made. The use of the weapon is recorded in the body of the report. The use is reviewed by the supervisor and by the report review supervisor. If they feel the use is improper the command staff is notified. 12 The policy was changed in October 1996 to report whenever a weapon is drawn. The incident is reviewed by the Watch Supervisor, Field Operations Captain, and the Chief of Police. The reports are now filed for easy retrieval and include other uses of force such as the use of handcuffs, baton, etc. c. Was any study/review done of the recent "drawn-weapon" incident? Answer: Yes. Review led to a change of the "security check / building search" policy and creation of a specific "Use of Force Report': 32. 33. What is the policy about pay and return-to-duty of officers involved in an incident of this sort? Answer: Iowa City Police Department places officers who are involved/n a very trau- matic or emotional situation on administrative leave. We have no legal authority to p/ace them on unpaid leave unless formal discipline is warranted (after an investigation.) An officer involved in a shooting is placed on paid administrative leave and ordered to take part in a professional evaluation to determine the officer's fitness to return to duty. This policy is consistent with that of other cities. What is the policy about pay and return-to-duty of officers involved in an incident of this sort? See answer to #32 above. 34. Just how does the DCI investigation proceed? a. Is their data first-hand, or gathered by or from others? Who? b. Are DCI personnel complete strangers to all local police officers and officials? c, How and when and to whom are DCI results released? d. Does the DCI make any preliminary findings/reports? Answer: The DCI conducts investigations in a manner similar to the way investigations are conducted by any criminal investigator. This includes information gathered first- hand as well as information gathered by others (police officers, building inspectors, medical personnel, the State Medical Examiner, fire personnel, witnesses, etc.) The DCI has divided the state into districts, and assigns agents to cover incidents within these districts. If the agent(s) happen to be in this area investigating other matters and need assistance from the localjurisdiction, they interact with thatjurisdiction's investigators. In this case, some of the DCI personnel were known to the ICPD personnel, some were not. Upon completion of their investigation, the DCl generally releases the findings of their investigation to the agency requesting the investigation. In this case, the DCI released its findings to the Johnson County Attorney because the investigation focused on an officer from the ICPD. The DCI does not make recommendations, rather, they report the facts of the investigation. Arguably, court action might eventually result in release, but we simply do not know. 13 35. What is the role/responsibility of the County Attorney? a. Does that office do any separate investigation into the details of the incident? b. How does the CA relate to the DCI? c. What role in releasing information? How selective? What basis? When? d. Does the CA initiate litigation? What basis? When? Answer: Generally speaking, the duties of the County Attorney are established by the Iowa State Legislature, and are found in § §331.751-759, Code of Iowa (1995). The pertinent portions of state law which pertain to the questions are: §321. 756(1) diligently enforce state laws and county ordinances; §321.756(7) give advice or written opinions to county officers and townships, or where state, county, school or township is interested; §321. 756(8) attend grand jury "when necessary for the purpose of examining witnesses before it or giving it legal advice. The county attorney shall procure subpoenas or other process for witnesses and prepare all informations [trial informa- tion is a formal criminal charge] and bills of indictment [indictment is by grand jury]. Additionally and in response to specific questions: The County Attorney may conduct their own criminal investigations and/or work in conjunction with other law enforcement agencies such as the DC/, city police or sheriff's departments. The County Attorney relates to the DCl as they do any other law enforcement agency -- except the DCI's policy is now, apparently, to maintain the confiden- tiality of a DC/ report. The County Attorney has discretion to release information gathered by the County Attorney, but generally lacks authority to release the DC/ Report with- out the State's approval. The County Attorney has full prosecutorial discretion as to whether a criminal charge should be initiated by trial information or a grand jury convened and an indictment returned. For more information on Johnson County Attorney's guidelines or phllosophies on prosecutorial discretion, the Council should speak directly to J. Patrick White. 36. How do insurance investigators fit into the picture? a. Do they parallel, or follow, or lead, or duplicate the DCI? Answer: Insurance investigations do not necessarily parallel, follow, lead, or dupli- cate the DCl investigation. Insurance investigators examine the facts of an incident to estimate civ# //ability rather than from the perspective the County Attorney which is criminal. The investigations will overlap due to some facts being relevant to both 14 37. 38. c/v# and criminal considerations. However, the investigation by the insurance company/s an independent one. b. How can the insurance people get "independent" information? Answer: Insurance companies get "independent" information which is based on the investigator's review of the plaintiff's claim or lawsuit. The attorney hired by Willis Caroon, Charles Brooke, interviewed Zacharias and Kelsay, and Gillaspie's attorney, (Bruce Walker) made Gillaspie's statement available to Brooke shortly after the statement was taken by the DCl. The insurance people also look for statements in existing reports (those that are made available to them) regarding civil//ability and civil damages issues. Insurance companies may hire attorneys to consider civil liabilities and to formulate defense strategies, and they may obtain further informa- tion through pre-trial discovery regarding the plaintiff's evaluation basis for damag- es. They may conduct independent interviews of the parties involved at any time prior to trial or settlement, and may also seek information from independent sources such as the medical examiner. If citizens--including, of course, the City Council and City staff--are expected to wait for the DCI findings, (or that portion released by the DA), why don't the insurance investigators also wait? Answer: Insurance investigators do not wait for the DCl findings. See Answer 36 b. above. The DCl investigation is not available to them. While the insurance company may be involved during the early stages of the investigations by the DCl and the Police Department, their investigation will often continue wee beyond/n determining the extent of civil damages. Activities of the insurance company in this regard are not driven by the other investigations nor even the ultimate conclusions, although the criminal investigation may certainly have some influence on the estimated amount of civil damages for which their client is responsible. Why shouldn't the responsible elected officials be given factual information early and often, as it becomes available? Answer: Without good information it is very difficult to respond appropriately and sensitively to those most intimately affected. b. How, other than through their elected representatives, are citizens to be assured of the integrity and fairness of the "system"? Answer: Not answered by staff. Did the IC Police Department ever say that the three officers involved were immediately sequestered when, in fact, they were not? No. See answer to Question #4. 39. How much discretion is given to an officer to draw his weapon? Answer: Each officer/s given the discre#on to draw their weapon if they feel the situation is such that the drawing of a weapon/s necessary to address a present or likely potential threat to the safety of the officer or to the safety of others. The discre- 15 40. 41. 42. 43. 44. tion afforded officers on this matter is generally consistent with other police agencies across the state. Is there a policy, formal or informal, that requires an officer to be relieved from patrol if he has had to draw his weapon more than once in any one shift? Is there a norm here? Answer: There exists no such policy within the Iowa City Police Department. In check- ing with other departments, the norm is to temporarfly refteve officers from duty if they have been involved in the discharge of their weapon or/f they have been involved in a violent or exceptionally emotional incident, pending review and invest/gat/on. We are aware of no policy in other departments to refteve an officer from duty for the drawing or repeated drawing of their weapon in the absence of a finding of misconduct or disciplinary action. Why wasn't the caller from Des Moines informed immediately of the situation? Is that standard policy? Answer: The caller from Des Moines, David Butitta, was reporting, among other things, that his friend was suicidal. This may have been an important element to be communi- cated to investigators. With regard to informing him of the situation, the person(s) to whom Butitta was speaking were Emergency Communications Personnel and a police officer who had no direct or indirect knowledge about what had actually happened at the scene. They were unable to immediately report to But/tta what had occurred as they did not know themselves, at the point he cafled. Whenever possible, death notif/ca- tions are not made by phone. What is the department/city policy about how to notify the next of kin about a death in their family? Was this policy followed in the Shaw case? Answer: The Iowa City Police Department attempts to make death notifications /n person and with a chaplain whenever possible. In this case, Captain Harney confirmed the shooting death of Eric Shaw during a phone conversation initiated by Jay Shaw. Did Kelsay use his cellular phone to call in the shooting? If so, why? Why not his radio? Is there a required procedure in these circumstances? Answer: Officer Kelsay used his hand-held radio, not his cellular phone, to call in the shooting and to request an ambulance and a supervisor. There is no rule which states the individual must use the radio, but generafly the radio/s the faster method to contact the Emergency Communications Center. In a suspicious environment, do officers run a check on license tag numbers in the immediate area? Why or why not? Answer: The officers will be guided by the circumstances of the situation. /n some situations plates are relied on as a valuable source of information; in others the value of this source is significantly less. In this circumstance there is a heavy concentration of businesses near the area where this incident occurred. That concentration may have had an impact on whether consideration to check license p/ares was given. The posi- tioning of any vehicles and their proximity to an area of suspicious activity/s another consideration made by officers in the field. Other factors include time of day and officer familiarity with the environment. 16 45. 46. 47. 48. 49. 50. 51. Is there a systematic procedure about how force is to be used by officers? An ascending order of steps? Answer: Yes. The Iowa City Police Department operates under an updated Use of Force policy and model adopted in 1995. The model illustrates, and officers are instructed on, the proper escalation and de-escalation of force based on the changing dynamics of confrontations. This model also stresses instruction and discussion of the tools ava#- able to officers within each of five levels of force. These enforcement electives are presented to the police department's sworn personnel using videotape and lecture presentat/on methods. A copy of the Use of Force model is included for reference. Are officers required to NOT have their finger on the trigger of their weapon, even if it is drawn? How are they trained? See answer to Question//47 following. Should they have their trigger finger parallel to the trigger and outside of the trigger guard? Is that part of their training? Answer to both Questions//46 and//47: Officers are not required to carry their weapon with the finger outside the trigger guard. F/rearms instructors stress that in training it is safer to carry the weapon with the finger outside the guard while moving about from one shooting position to the next. However, moving the finger from outside the guard to inside the guard (into a ready position) in an actual shooting situation adds another step to an already fast-moving process. The decision to carry the weapon with the finger outside the trigger guard is based on the circumstance and environment in which the officer is operating, and is left to the officer's discretion. If new officers in the ICPD are given an orientation period, a "shakedown" period, are they given new instructions that are not part of academy training? In other words, does the ICPD handle any expected "situation" anydifferently than most other police depart- ments? Answer: Yes. There are a number of topics covered during the Field Training time with the iowa City Police Department, which bu#d on the /lEA training. See the Field Training Manual The overa// po/icies of the Iowa City Police Department are similar to the policies of most other police departments, and generally follow the ILEA handbook. Have complaints against the ICPD under R. J. been more numerous than under his predecessor? Answer: We are unable to determine the/eve/before 1989. We have been told that IC officers have been told to display their weapons more prominently in their vehicles since R. J, became Chief. iS that true? Answer: No. Why did things happen so fast? It was not called in as a "burglary in progress." There was no suggestion of imminent violence or threat to property. Why was there no discussion among the officers as to how best to proceed? The Law Enforcement Code of Ethics calls for discussion, caution, deliberation. 17 Answer: It is important to remember that the officers present were investigating a door that appeared, to the initiating officer, to have possibly been tampered with. That p/us the fact that the door was ajar led to the decision to investigate further. The officers did attempt several options to gather additional information by attempting to look into the windows of the business. When these efforts were unsuccessful, the officers decided to open the door and observe the interior of the establishment through the opened door. There was a discuss/on by the officers present as to what elements were present that caused the initiating officer to ca//for a uniformed response in the first place. 52. Why were no voices heard by the officers despite the fact that Shaw was involved in a phone conversation with Butitta? Answer: We do not know why the officers did not hear Eric Shaw. The officers listened at the door. Anything more would be pure speculation on our part. 53. Why did none of the officers look through the alley window which (according to Jay Shaw) would have permitted them to view the area just inside the entrance, i.e., behind the door they were about to open? Answer: Officer Kelsay checked the doors and windows before he requested assistance to check further. The windows were mostly covered by articles inside the building, so his view was restricted. When Officer Glllaspie approached the building, he did look in the window near the door in an attempt to see in but was not able to see in because of items covering the window. 54. Was there really "serious" evidence of forced entry7 Why did none of the officers notice that the deadbolt was back, as Jay Shaw says a strong "clue" that entry was not forced? Answer: Given the environment of thirty business burglaries between August 3, 1996 and August 28, 1996, the door which was ajar would be "serious" and require addition- a/investigation. Just as doors are not always locked and closed, dead bolts are not always locked. 55. Was the policy for entry changed last January? If so, why? Was the policy in place on August 30 essentially similar to that in other communities like Iowa City? And was it consistent with Fourth Amendment principles? Answer: The policy on building security checks was not changed in January of 1996. The policy of the Iowa City Police Department was essentially the same as other police departments. The policy was consistent with the/lEA handbook, but see separate report by the City Attorney. 56. Why are there somewhat inconsistent reports about the status of Gillaspie's weapon at the time he started opening the door? Answer: There have been no inconsistencies in the reports gathered by Investigators regarding the status of Gillaspie's weapon. When Officer Kelsay retrieved the weapon (after Gillaspie dropped it) the gun was in the double action position, so either the hammer dislodged when the gun fell or Kelsay or Gillaspie automatically alecocked the gun without thinking (i.e., as trained). 18 57. 58. 59. 60. Are there any indications that the "stories" of one or more of the officers have changed form the time of the incident to the time(s) of these interviews? (There is a reference in the transcript of the 9/12 interview of Gillaspie to an earlier statement by Gillasp/e--but I haven't seen a copy thereof). Answer: Some statements in the Internal Affairs report say Officer Gillaspie saw a flash of movement in Eric Shaw's right hand at the time of the shooting. Officer G/llasp/e's later interview stated he "f/inched". These are not inconsistent statements (see answer to # 17 above./ Did Officer Kelsay remain active at the scene for longer than appropriate given his "involvement" in the incident? (He seems to have been active for 45 minutes or so, even though Sgt. Jackson had arrived just two minutes after the shooting, and Lt. Johnson some ten minutes after that.) See answer to Question #4. Why weren't the Shaws notified more promptly? (Identification of the victim was done before midnight, yet the Shaws did not know what had happened until they called 911 about 12:30 a.m. and then there was confusion about how to respond.) Answer: The department was in the process of gathering the necessary information to be able to inform the family of what had occurred when the Shaws called the Emergen- cy Communications Center. The dispatcher was attempting to have an officer speak with Blossom Shaw. Jay Shaw began speaking with Captain Harney. Captain Harney asked if he could come to the Shaws' home to speak with them. in response to Mr. Shaw's question, Captain Harney did inform the Shaws of Eric Shaw's death. 45 minutes is not an undue delay in making a notification. Why did it take so long to get DCI on the scene? What is SOP for situations in which police personnel use deadly force? Answer: The DC/ agents are ca/led out from their homes in an after-hours response as was the case here. The SAC (Benson) is from the Cedar Rapids area and the primary investigator is from the Quad Cities area. Preparation and travel time account for the delay. The DC/ Mobile Crime Lab travels from Des Moines and the travel time accounts for the delay. It has traditionally been standard procedure to have the review conducted by the DCI in a case involving the use of deadly force by ICPD personnel. See # 18 for more specific arrival times. 61. Should the Chief of PoLice have been on the scene promptly? The City Manager? Answer: Neither the Chief of Police nor the City Manager should have been at the scene. The decision was made for the DCl to handle the investigation. The Iowa City Police Department secured the scene and awaited the DC/ investigators. 62. Should the officers involved have been given drug tests? Answer: Current policies give the Chief the discretion to order alcohol or drug tests in circumstances such as occurred /n this case. However, there was no evidence or behavior on the part of any of the officers involved that would indicate they were under the influence of drugs or alcohol. Nevertheless, it/s recommended that such test be required in the future whenever a police officer is directly involved in a shooting incident. 19 63. Why couldn't the basic facts of the incident been presented to the Council on August 31 or September I so that we could have collectively decided on a proper course of public response? Answer: The City Manager provided Council Members with a# of the information that was available to him when he visited with you by telephone on Saturday morning August 31 and follow-up conversations. Through subsequent conversations he provided some additional information. With the DCl conducting the investigation substantially under the control of the County Attorney, there was tittle more information that could have been provided. The proper course of a public response is an assessment that the Council will have to make. At the press conference of September 9, the City Manager related three specific issues, those being a criminal investigation, c/v//investigation, and administrative review. He explained those at that meeting. The press conference/s a subject of public record. More specific facts could have been presented, but the specter of possible criminal charges against the potice officer made things more problematical and circumspect. Also, the insurance carrier attorney (then on the case) was concerned about the ability to maintain confidences. mgr/question 2O Section 7. City Attorney Section Go Primer on Use of Deadly Force, As Established by US Supreme Court Cases Primer on the Fourth Amendment to the US Constitution Concerning Warrantless Searches and Seizures Primer on General Section 1983 Law Based on Constitutional Violations Memorandum on Issues Which the City Council and Staff Still Need to Discuss Discussion of Constitutional and Other Related Questions Presented by the "Open Door/Building Search and Security Check Practices Common in Iowa" City of Iowa City MEMORANDUM Date: To: From: Re: January 24, 1997 The Honorable Mayor Naomi J. Novick and Members of the City Council Linda Newman Woito, City Attorney Status Update on Report to City Council Concerning Police Procedures and Shaw Incident; Public and Confidential Documents As previously discussed, you will be receiving a large packet of information by this weekend, January 24, 1997, which is the result of extensive review by the City Manager, the City Attorney, the Chief of Police, and Assistant City Manager. With this work completed and as discussed earlier, I can now focus my attention on the more detailed legal analysis. To that end, you will be receiving the following: Primer on use of deadly force, as established by U.S. Supreme Court cases [a public document]. Primer on the Fourth Amendment to the U.S. Constitution concerning warrantless searches and seizures [a public document]. Primer on general Section 1983 law based on constitutional violations [a public document]. A memorandum on issues which the City Council and staff still need to discuss. [likely to be a public document]. Discussion of constitutional and other related questions presented by the "open door/building search and security check" practices common in Iowa [confidential]. I hope to get these materials to you by Tuesday evening, January 28, 1997, as promised. As for whether you choose to go into executive session to discuss #5, you can decide on February 1, 1997. In any event, you have a large amount of "public" material to read and discuss; if we run out of time in covering all these issues, you may want to schedule a series of meetings to complete your review. By way of separate public memo, I will advise you of our contract with St. Paul insurance requiring "cooperation" in light of the pending claim against the City and other named employees as submitted by the Shaw Family and the Eric Shaw Estate. cc: Steve Atkins Dale Helling Marian Karr City Attorney Staff Inw/police/proce(tur, mmo Section 8. Recommendations- Police procedure and policy RECOMMENDATIONS - POLICE PROCEDURE AND POLICY The I.C.P.D. should consider pursuing the development of a canine unit. In the policies and procedures associated with the canine unit the attendant rights and responsibilities of the owner and occupant versus the community interest in security associated with a building search can be weighed and considered. The use of a canine unit in these circumstances should be considered a use of force. Wherever practical, the use of "plain English" will be used throughout the description of policies, procedures, and field training tasks. This will also include the definition of various organizational units, and other related descriptive terms. The "Rules and Regulations" will be incorporated into one document with General Orders as "Policies and Procedures." Immediately following an incident whereby a weapon used by an Iowa City police officer is discharged, resulted to injury or death of a person, the individual officer will be subject to an alcohol and drug test. Procedures for such test to be identified. In the preparation of internal affairs reports, the investigating officers must detail the conclusion they have reached and the reasoning behind that conclusion. This will include, but not be limited to, any violation of law or any violation of Department or City personnel procedure or policy. All I.C.P.D. training curriculum will be located in one place, one document, and kept at a location that is convenient for public review. The use of force policy for the Iowa City Police Department will be presented in both narrative and graphic presentations by a combination of 1991 and 1995 policy statements. The policy will require a periodic update of the training video on use of force. The requirement for police review board with respect to any incident that involves the discharge of a firearm and/or other use of force will be determined by the chief and a report filed with the office of the Chief. The department will create an internal review committee to review the use of force during the preceding month. This review will summarize any trends or other factors that might be helpful to responding to the community's safety. 10. The chief of police will prepare an annual report on the use of force, and that report will be made available to the public. 11. The City Attorney will be assigned the task of training with respect to various constitutional issues associated with the work and responsibilities of Iowa City police officers. This will include, but not be limited to, constant update on the Fourth and First amendments to the U.S. Constitution and training related thereto. 12. The policy on outside employment needs to be rewritten to conform with actual practice, since the chief of police must approve outside employment. 13. The City Attorney, as a matter of policy, will be identified in the text of the General Orders as the reviewing agency of all general orders and all field training tasks/manual. Also all special orders and department memoranda dealing with legal matters shall first be approved by the City Attorney before implementation so that they be reviewed in accordance with the various legal interpretations at the time. 14. An annual report on training activities for the Iowa City Police Department will be prepared by the captain for administrative services. 15. A detailed distribution list for all general orders of the Iowa City Police Department will be identified to include the City Attorney. The captain of administrative services will assume the responsibility for the continual update of those books according to the list. 16. The statement of mission and department goals and objectives in the department's rules and regulations was developed as a result of the Citizens' Task Force. A yearly list of activities and objectives with respect to the work of the department will be prepared. The proposal by the Citizens' Task Force lacked reference to changing legal environments and should be amended accordingly. 17. As a matter of policy the City Attomey's office will be notified at the initiation of an internal affairs investigation for their advice and guidance on the preparation of the investigative report. 18. The use of the language "unfounded", "exonerated," and/or "not sustained" is not sufficient with respect to internal affairs investigations. Clear language, in keeping with the plain English policy, will be developed. 19. Internal affairs reports are to be synopsized and the use of the term "be brief" be incorporated rather than "limit to ten lines". If policies and procedures are violated, any type of discipline that may result from an intemal affairs investigation will be articulated in detail by the chief. The prior disciplinary history of the individual involved will be included in the report. 20. In response to citizen complaints, the previous practice of the use of a form letter will be eliminated, and a specific personalized letter sent. 21. The Iowa City Police Department has incorporated into its "use of force" the policy identified as the "Quad Cities" group. It was learned that this policy is substantially modeled after certain federal (e.g., Secret Service) use of force policies. It was concluded that the International Association of Chiefs of Police "use of force" policy is more appropriate, understandable, and, in accordance with Iowa and constitutional law. It also appears to more satisfactorily address community standards. Amendments will be made accordingly. 22. The IACP "use of deadly force" statement indicates that sidearms should not be exhibited or displayed in the absence of facts which necessitate the use of deadly force. It will be incumbent upon the City Attorney to include this as a component of "use of force" training for our officers. mgr/police,pol 3 NOTES FROM DEE VANDERHOEF FEB. 2,1997 POLICY ,a~ND PROCEDURE REVIEW In looking at my notes from yesterday, I have a f~w materials that I would be interested in reading before we meet again to discuss police policy and procedure. In my absence tonight, please feel free to discuss and direct staff to gather these materials if that is your wishes. 1. A copy of the "charge" to the Human Rights Commission to review the Police Policy and Procedure that took place about three years ago. 2. A copy of the H.R.C. report from that review. BUDGET ISSUES FOR TONIGHT (Feb.3) Council Raises: I would support a $500. raise and a cost of living raise each year or every other year, if that is when state law allows a pay increase to take effect. Funding for the Hospis Road Race: I am reluctant to start funding an event that has been self-sufficient for many years AND that charges entry fees for participation. The later is what distinguishes it for me as different than the other community events that we have been funding. IF the Council majority chooses to fund this event, I would hope that it would be from Gen. Funds and not Hotel/Motel tax monies. Library: Until the library issues of build or not to build are decided, I would not support recarpeting the library. Only necessary repairs of carpet for safety. For me, the HVAC are far more important than carpet. I purpose we fund for roof and HVAC. CITY OF I0 WA CITY SPECIAL CITY COUNCIL WORK SESSION COUNCIL CHAMBERS FEBRUARY 3, 1997 7:10 PM Reports from Boards/Commissions/Agencies 7:10 7:20 7:30 7:40 7:50 8:00 8:10 8:20 - Library Board - Airport Commission - Human Rights Commission - Heritage Trees - Parks & Recreation Commission - Senior Center Commission - Convention & Visitors Bureau - Miscellaneous reports Council Raises Budget Overview Council Meeting Schedule 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 CITY OF IOWA CITY CITY OF IOWA CITY FY97 COMPARISON OF BUDGET TO ACTUAL REVENUES, EXPENDITURES AND CASH POSITION FOR OPERATING FUNDS FOR THE SIX MONTHS ENDING DECEMBER 31, 1996 SECOND QUARTER REPORT ENDING DECEMBER 31, 1996 ANALYSIS OF REVENUES AND EXPENSES COMPARED TO BUDGET The General Fund revenues have been summarized into nine (9) major revenue categories. The analysis of each category follows. General Fund Year to Date Budget Analysis: Property Taxes - Includes the General Fund (8.10), Transit (.95) and Library (.27) levies. The majority of property tax revenue is received twice a year, approximately 50% in October and 50% in April. This coincides with the due date of property tax bills from property owners. $7,454,552 or 51% of the FY97 budget of $14,547,491 was received as of 12-31-96 compared to 97,063,880 or 51% of the FY96 total actual at 12-31-95. I expect to receive at least the budgeted amount by year end. Property Tax Transfer - EmDIovee Benefits - This property tax revenue source is receipted in the Employee Benefits Fund and then transferred to pay for benefits of employees (employer share of FICA, IPERS & Police and Fire Pension contributions; health premiums, etc.) in the general fund. Transfers totaling 91,753,152 or 49% of the FY97 budget of 93,599,848 were transferred in as of 12-31-96 compared to 91,624,040 or 49% of the FY96 total actual at 12-31-95. I expect to receive at least the budgeted amount by fiscal year end. Road Use Taxes - This is a gas tax that is received by the State of Iowa, paid to the City on a 'per capita basis, receipted into the City Road Use Tax Fund and then transferred to the General Fund to pay the actual cost of the Traffic Engineer and Streets Division less other revenues received by these departments. Transfers totaling 91,228,061 were 41% of the FY97 budget of 92,998,334 compared to 91,031,733 or 44% of the FY96 total actual at 12-31-95. At this point I don't expect to receive the budgeted amounts by fiscal year end, but there will be a corresponding decrease in expenses in Traffic Engineering and Public Works Divisions to offset this. State Fundinq - This revenue source, which comes from the State of Iowa, consists of state aid, personal property replacement tax (flat 9 amount), and bank franchise tax. Except for the bank franchise tax, the State remits these revenues to the City in two equal installments, one in December and the other in March. State Aid totaling 9315,660 is 50% of the FY97 Budget of 9635,000 and 91,774 less than the same time last year. Personal property replacement tax totaling 9160,417 is 50% of the FY97 Budget of 9320,000 and the same as last year at this time. Bank franchise tax totaling 970,573 is 71% of the FY97 budget of 9100,000. Chargeback of Services - This revenue source consists of administrative charges to the Enterprise Funds (Ex.: Water, Parking, Sewer, etc.) for services provided in the Finance and Public Works Administration Departments, City Attorney chargeback, use of the Document Services Division, use of Central Services and Cable TV transfer to Library. The Administrative expense charges to 'the Enterprise Funds and the Cable TV chargeback are calculated during the budget process and then transferred to the .General Fund proportionally each month. The City Attorney, Document Services and Central Services chargeback is based on actual use. 9618,703 or 49% of the FY97 Page 2 of 24 o budget of 91,268,528 was received as of 12-31-96. I expect to receive up to the budget amount by fiscal year end. Fines, Permits, and Fees - This category includes quite a variety of different revenue sources. The largest are Recreation fees, building and housing permits and inspections, 95 parking fines, and magistrate court fines. Overall, fines, permits and fees total 91,093,728 or 49% of the FY97 budget of 92,238,548. I expect to receive up to the budgeted amount by fiscal year end. Recreation Fees totaling 9242,557 are 33% of the FY97 budget of 9729,709 and 96,200 less than the same time last year. I expect to reach budget by fiscal year end. Building Permits and Inspection fees totaling 9221,972 are 53% of the FY97 budget of 9419,100 and are 927,657 more than what was collected for the same time period last year. Housing Permits and Inspection fees totaling 975,122 are 63% of the FY97 budget of 9120,250 and 97,185 less than the same time period last year. 95 Parking Fines totaling 9202,950 are 60% of the FY97 budget of 9340,000 and 912,636 more than the same time period last year. Magistrate's Court revenues totaling 990,314 are 62% of the FY97 budget of 9145,000 and 99,883 more than the same time period last year. All other fines, permits and fees totaling 9260,813 are 54% of the FY97 budget of 9484,489 and 919,815 more than the same time last year. Contractual Services- Overall, contractual services totaling 9933,127 are 86% of the FY97 budget of 91,086,490. I expect to receive at least the budgeted amount by fiscal year end. The University Fire Contract payment is received in the first quarter of each year based on actual expenses of the Fire Department for the previous fiscal year. Actual receipts totaling 9753,621 are 96,321 or .8% more than the budget of 9747,300 and 924,709 more than last year. Johnson County contract revenues are to pay for the use of the Library and Senior Center by residents who live outside the City limits of Iowa City but within Johnson County. I expect to receive at least the budgeted amount of 9339,190 by fiscal year end. Hotel/Motel Tax - Revenues totaling 9253,914 are 58% of the FY97 budget of 9440,000 and 97,388 more than last year at this time. The 7% tax rate went into effect on January 1, 1993. Actual receipts are allocated as follows: Police Patrol (50%), Convention Bureau (25%), Mercer Park Aquatics (15%) and Parkland Fund (10%), starting 1-1-93 Acquisition (7%), and Development (3%). All Other Income - Other income totaling 9619,114 is 50% of the FY97 budget of 91,229,544. Interest income received to date is 9247,871 or 123.9% of the budget. Police grants of 9179,942 and Library (Reserve, Open Access, Other and Loan Repayment) at 9151',582 comprise the majority of all other income received. Page 3 of 24 Overall, general fund revenues totaling 914,501,007 are 51% of the FY97 budget of 928,463,783 compared to 913,917,439 at the same time last year. I expect to receive at least the budgeted amount of revenues by fiscal year end. Expenditures: Overall, actual expenditures totaling 914,143,646 are 47% of the FY97 budget of 930,174,629. This compares to 914,578,237 or 49% of the FY96 actual as of 12-31-95. Below is a summary of the actual compared to budget expenditures by category: FY97 FY97 FY96 12-31-95 Description FY97 Actual @ Act. % Actual @ Act. % of (in 91,000s) Bud.qet 12/31/96 of Bud.qet 12-31-95 FY96 Actual Personal Services 918,145 98,846 49% '98,356 50% Commodities 1,053 411 39% '380 48% Charges for Services 5,667 2,529 45% 2,758 51% Capital Outlay 1,866 577 31% 1,713 68% Transfers Out 3,190 1,748 55% 1,316 39% Other 63 32 50% 55 50% Contingency 250 0 0% 0 0% TOTAL $30,174 914,143 47% 914,578 52% The FY96 actual capital outlay expenses include 91,300,500 for the General Fund share of purchasing the Peninsula property. Contingency was originally budgeted at 9290,000. The balance at 1 2-31-96 is 9250,006. The following items totalling 939,994 were amended for by using contingency: · Engineering (98,850) - Furniture and computer for Traffic Engineer moving into Engineering. · Fire ($17,276) - Fencing for fire training area; ice machine. · Clerk (92,900) - Replacement personal computer. · Animal Shelter (92,000) - Water heater. · Recreation (98,968) - Hawkeye Softball Complex funding. Page 4 of 24 Enterprise Funds: Parking Fund Wastewater Treatment Fund Water Operations Fund Refuse Collection. Fund Landfill Operations Fund Airport Operations Fund Mass Transit Fund Page 7 of 24 ENTERPRISE FUNDS NOTES DECEMBER 3'1, '1996 Below is a summary by fund of the FY97 budget and actual beginning cash balance, revenues, expenses (as amended) and ending cash balance with a brief explanation of major line items over or under budget. Parkin~l Fund - FY97 FY97 FY96 Description FY97 Actual % of Actual (in $1,000s) Budget ~ 12-31-96 Budget ~ 12-31-95 Beginning Cash Balance $1,359 $1,359 $1,662 Revenue $2,962 $1,631 55% $1,630 Expenses -3,194 -1,361 43°/.o -1,774 ENDING CASE BALANCE ~ $1,629 $1,5.!..8 Overall, the December 31, 1996, cash balance of $1,629,432 is good. 12-31-95 Actual % to Total FY96 Actual 51% 5O% Revenues totaling $1,631,403 are 55% of the FY97 budget of $2,9262,400 and approximately the same as last year at this time. Below is a schedule comparing revenue by type for the six months ending December 31, 1996, and 1995. DESCRIPTION $3 FINES INTEREST ON/OFF STREET METERS PARKING LOT PERMITS RAMP PERMITS CAPITOL ST RAMP DUBUQUE ST RAMP CHAUNCEY SWAN RAMP- METERED OTHER REVENUE Total Parking Revenues FY97 Bud.qet $440,000 125 000 590 000 107 500 238 5OO 955 000 350 000 62 000 FY97 FY97 6 mos. actual Actual ~ 12-31-96 % of Budget $235,460 54% 58,131 47% 312,216 53% 67,768 63% 122,150 51% 455,028 53% 242,291 69% 40,758 66% FY96 6 mos. actual ~12-31-95 $227 576 156 307 309 344 49 600 93 962 500 284 207 494 35 276 FY96 12 mos. actual ~.6-30-96 $46O,800 268,974 610,528 107,813 191,503 995,365 396,910 69,502 94,400 46,825 50% .50,192 .116,655 ~2,962~400 $'1,63'1,403 55% $'1,630,035 $3,2'18,'110 Parking Fines totaling $235,460 are 54% of the FY97 budget of $440,000 and $7,884 more than last year at this time. Interest income totaling $58,131 is 47% of the FY97 budget of $125,000. On/Off Street Meter revenue totaling $312,216 is 53% of the FY97 budget of $590,000 and $2,872 more than the same time last year ($309,344). Parking Lot Permit revenue totaling $67,768 is 63% of the FY97 budget of $107,500 and $18,168 more than the same time last year ($49,600). Ramp permit revenue totaling $122,150 is 51% of the FY97 budget of $238,500 and $28,188 more than the same time last year ($93,962). Page 8 of 24 Capitol St. ramp revenue totaling $455,028 is 53% of the FY97 budget of $955,000 and approximately $45,000 less than the same time period last year ($500,284). Dubuque St. ramp revenue totaling $242,291 is 69% of the FY97 budget of $350,000 and approximately $34,000 more than the same time last year ($207,494). Expenses totaling $1,361,201 are 43% of the FY97 budget of $3,194,390. Transfers .totaling $594,799 are 36% of the FY97 budget of $1,629,598. Transfers include $464,799 to the Parking Fund Debt Service Reserve, $85,000 to the Parking Improvements Reserve and $45,000 to Transit. Wastewater Treatment 12-31-95 Fund- Actual % FY97 FY97 FY96 to Total FY97 Actual % of Actual FY96 Description Budget ~ 12-31-96 Budget ~ 12-31-95 Actual (in $1,000s) Beginning Cash Balance $ 4,995 $4,995 $3,183 Revenue 10,089 5,267 52% 4,706 52% Expe rises -9,443 -3,719 39°/.0 -3,087 42% ENDING CASH BALANCE $5,641 $6,54.3. $4,802 $6,542,961 is good. Overall, the December 31, 1996, cash balance of Revenues totaling $5,266,954 are 52% of the FY97 budget of $10,089,042. Wastewater Fees totaling $4,661,533 are 49% of the FY97 budget of $9,495,274 and $280,000 more than last year at this time due to the March 1, 1996 rate increase. Interest income totaling '$305,385 is 56% of the FY97 budget of $541,1,~2 and approximately $10,700 more than last year at this time. Total expenses of $3,719,401 are 39% of the FY97 budget of $9,443,469. Operating expenses totaling $1,306,089 are 40% of the FY97 budget of $3,229,274. Debt Service funding totaling $2,413,312 is 39% of the FY97 budget of $6,214,195. Water Operatin~l Fund- FY97 FY97 FY96 Description FY97 Actual % of Actual (in $1,000s) Budget ~. 12-31-96 Bud,qet ~. 12-31-95 Beginning Cash Balance $3,231 $3,231 $2,393 Revenue 6,135 3,392 55% 2,630 Expenses -5,795 -1,837 32% .-1,815 ENDING CASH BALANCE .~3,571 $4,786 $3,208 Overall, the December 31, 1996 cash balance of $4,785,961 is good. of the FY97 budget of $6,135,091. 12-31-95 Actual % to Total FY96 Actual 49% 40% Revenues totaling $3,392,526 are 55% Water fees totaling $3,255,955 are 55% of the FY97 budget of $5,937,091 and $757,483 more than last year at this time due to the March 31, 1996 rate increase. Interest income totaling $122,400 is 62% of the FY97 budget of $198,000. Page 9 of 24 Total expenses of $1,837,489 are 32% of the FY97 budget of $5,794,861. Operating expenses totaling $1,362,181 are 36% of the FY97 budget of $3,788,798. Debt Service and other transfers totaling $475,306 are 24% of the FY97 budget $2,006,063. Refuse Collection Fund - FY97 FY97 FY96 Description FY97 Actual % of Actual (in $1,000s) Bud.qet ~ 12-31-96 Budget ~ 12-31-95 Beginning Cash Balance $ 364 $364 $361 Revenue 1,957 953 49% 898 Expenses -1,899 -933 49% -827 ENDING CASH BALANCE $422 $384.: $432 12-31-95 Actual % to Total FY96 Actual 49% 45% FY97 revenues totaling $952,901 are 49% of the FY97 budget of $1,957,000. Refuse and curbside recycling fees totaling $876,979 are 47% of the FY97 budget of $1,862,000 and approximately $22,900 more than last year at this time. Yardwaste bag sales totaling $49,521 are 55% of the FY97 budget of $90,000 and $4,800 more than the same time period as last year. Refuse stickers total $14,827. Expenses totaling $933,010 are 49% of the FY97 budget of $1,898,973. Landfill Operations Fund - FY97 FY97 FY96 Description FY97 Actual % of Actual (in $1,000s) Bud.qet ~ 12-31-96 Budget ~ 12-31-95 Beginning Cash Balance $1,433 $1,433 $2,072 Revenue 3,360 1,790 53% 1,926 Expenses -3,402 .-!. ,639. 48% -2,526 ENDING CASH BALANCE ~ ,~1,584 .$11472 Overall, the December 31, 1996 cash balance of $1,584,538 is good. 12-31-95 Actual % to Total FY96 Actual 55% 61% FY97 revenues totaling $1,790,618 are 53% of the FY97 budget of $3,360,000 and approximately $136,000 less than the same time last year. Landfill tipping fees totaling $1,698,607 are 52% of the FY97 budget of $3,300,000. Interest revenues totaling $45,486 are 83% of the FY97 budget of $55,000. Expenses totaling $1,639,297 are 48% the FY97 budget of $3,402,064. Page 10 of 24 Airport Operation - FY97 FY97 FY96 Description FY97 Actual % of Actual (in $1,000s) Budget ~. 12-31-96 Budget ~. 12-31-95 Beginning Cash Balance $14 $14 $14 Revenue 260 153 59% 120 Expenses -258 -113 44% -138 ENDING CASH BALANCE $16 $.,,5,4 ~$4) 12-31-95 Actual % to Total FY96 Actual 47% 53% Revenues totaling $153,438 are 59% of the FY97 budget of $259,657. Hangar rental totaling $73,872 is 58% of the FY97 budget of $127,000. General Fund subsidy totaling $61,500 is 50% of the FY97 budget of $123,000. Total expenses of $113,433 are 44% of the FY97 budget of $257,754. Operating expenses totaling $71,359 are 36% of the FY97 budget of $200,097. Transfers out for Capital Projects, Debt Service Funding and Loan Repayment totaling. $42,074 are 73% of the FY97 budget of $57,657. Mass Transit Fund - FY97 FY97 FY96 Description FY97 Actual % of Actual (in $1,000s) Budget ~ 12-31-96 Budget ~. 12-31-95 Beginning Cash Balance $ 281 $ 281 $ 223 Revenue 3,370 1,544 46% 1,505 Expenses -3, 514 -1,458 41% -1,422 ENDING CASE BALANCE $ 137 $ 367 $ 3,06' 12-31-95 Actual % to Total FY96 Actual 50% 49% Revenues totaling $1,544,377 are 46% of the FY97 budget of $3,369,923. Transit fees totaling $356,501 are 46% of the FY97 budget of $781,500 and $42,000 more than last year at this time. Only $11,440 of the $250,000 budget for federal UMTA monies has been received. State grant revenue totaling $149,636 is 56% of the FY97 budget of $266,000 and $7,300 more than the same time last year. The General and Parking Fund subsidies totaling $983,585 are 50% of the FY97 budget of $1,967,171. Expenses totaling $1,458,475 are 41% of the FY97 budget of $3,513,957. Page 11 of 24 Other Funds: Debt Service Fund Broadband Telecommunications Fund JCCOG General Fleet Maintenance Equipment Replacement Fund Central Supply and Print Road Use Tax Fund Employee Benefits Fund Page 16 of 24 Debt Service Fund - OTHER FUND NOTES DECEMBER 31, t996 FY97 FY97 FY96 Description FY97 Actual % of Actual (in $1,000s) Budget ~ 12-31-96 Budget ~.. 12-31-95 Beginning Cash Balance $ 641 $ 641 $ 530 Revenue 4,458 1,550 35% 1,662 Expenses -4,511 -789 18% -720 ENDING CASE BALANCE ~ ~ $1,47.2' 12-31-95 Actual % to Total FY96 Actual 35% 15% Revenues totaling $1,549,739 are 35% of the FY97 budget of $4,458,110. Property taxes (budget of $1,892,000) account for 42% of budgeted revenues. $972,644 or 51% of the property tax budget has been received as of 12-31-96. This corresponds to when property taxes are due, October and March of each year. Transfers-in from other funds ($2,269,082) account for the balance of budgeted revenues. The transfers are mostly from Enterprise Funds to pay for their share of General Obligation Debt. Actual transfers occur only when principal and/or interest is actually paid, usually in November/December (interest) and May/June (principal and interest). Only $509,269 or 20% of the transfer in budget from Enterprise Funds has been received as of 12-31-96. The majority of the expenditure budget of $4,510,619 will be spent on principal/interest in May and June, 1997. Broadband Telecommunications Fund FY97 FY97 FY96 Description FY97 Actual % of Actual (in $1,000s) Bud.qet ~. 12-31-96 Budget ~.. 12-31-95 Beginning Cash Balance $229 $229 - $133 Revenue 571 234 41% 156 Expenses -563 -247 44% .~166 ENDING CASH BALANCE $237 $216 .$123 12-31-95 Actual % to Total FY96 Actual 6O% 64% This operating fund now includes not only BTC operations but the $.50 local access fee and Public Access TV funding. Revenues totaling $234,375 are 41% of the FY97 budget of $571,000. The major budgeted revenue sources are from the cable franchise fee, $.50 local access fee and Public Access 'IV funding. The franchise fee is remitted quarterly. $158,386 or 54% of the franchise fee budget of $294,000 has been received through 12-31-96 and is $12,000 more than the same time last year. $62,505 or 54% of the local access fee was received and the Public Access TV pass through funds should be received in February 1997. Expenses totaling $246,741 are 44% of the FY97 budget of $563,136. Operating expenses totaling $144,385 are 47% of the FY97 budget of $309,090. Local access expenses totaling $23,186 were used to fund Library and Senior Center costs, and $78,402 has been paid to Public Access TV. Page 17 of 24 Johnson County Council of Governments - FY97 FY97 FY96 Description FY97 Actual % of Actual (in $1,000s) Bud.qet ~. 12-31-96 Budget ~ 12-31-95 Beginning Cash Balance $ 8 $ 8 $14 Revenue 343 174 50% 152 Expenses -3.4.6 -150 43% -148 ENDING CASH BALANCE ~ 5 $ 32 $,18 Revenues totaling $174,019 are 50% of the FY97 budget of $343,173. 12-31-95 Actual % to Total FY96 Actual 52% 50% Funding from other local governments total $49,739 or 59% of the budget of $84,345. 44% or $49,739 of state/federal funding has been received to date. The subsidy from General Fund (budget of $85,500), Solid Waste Surcharge (budget of $37,000) and Road Use Tax (budget of $66,000) are prorated over the twelve months. Actual transfers in of $94,250 are 50% of the budget at this time. Expenses totaling $150,635 are 43% of the FY97 budget of $345,970. General Fleet Maintenance - FY97 FY97 FY96 Description FY97 Actual % of Actual (in $1,000s) Budget ~. 12-31-96 Budget ~. 12-31-95 Beginning Cash Balance ($73) ($73) $75 Revert ue 1,385 771 56% 460 Expenses -1,274 -632 50% -618 ENDING CASH BALANCE $ 38 $ 66 $ (8.3..) 12-31-95 Actual % to Total FY96 Actual 39% 47% This fund accounts for the maintenance on all City vehicles except the Transit Division. Revenues are · generated from chargebacks to all City departments and divisions based on vehicle usage and in some cases actual repair costs. Expenditures are in line with the budget. 12-31-95 Actual % to Total FY96 Actual 37% 52% E(luipment Replacement Fund - FY97 FY97 FY96 Description FY97 Actual % of Actual (in $1,000s) Budget ~. 12-31-96 Budget ~. 12-31-95 Beginning Cash Balance $2,354 $2,354 $1,789 Revenue 1,103 510 46% 345 Expenses -1,329 -115 9% -186 ENDING CASE BALANCE $2,128 r~2,749 $1,94.8 This fund accounts for the majority of all City purchases for vehicles. chargebacks to all City departments and divisions based on estimated cost to replace the vehicles. Revenues are generated from Revenues totaling $510,063 are 46% of the FY97 budget of $1,103,000. Chargebacks to all departments totaling $396,425 are 39% of the FY97 budget of $1,029,000. Expenses totaling $115,214 a're 9% of the FY97 budget of $1,328,724. Only 6% of the FY97 capital outlay budget of $1,280,390 has been spent to date. Page 18 of 24 Central Services - FY97 FY97 FY96 Description FY97 Actual % of Actual (in $1,000s~ Budget ~ 12-31-96 Bud.qet ~. 12-31-95 Beginning Cash Balance $241 $241 $243 Revenue 651 350 54% 330 Expenses -753 -415 55% -325 ENDING CASH BALANCE $138 $176 $248. 12-31-95 Actual % to Total FY96 Actual 54% 53%. This fund accounts for the centralized purchase of supplies, in-house printing, radio maintenance and the purchase/lease of City-wide copy and fax machines. Revenues are generated from chargebacks of supplies used, actual print jobs, copier/fax use and radio repairs. Expenses are in line with the budget. Road Use Tax Fund - FY97 FY97 FY96 Description FY97 Actual % of Actual (in $1,000s) Budget ~ 12-31-96 Budget ~ 12-31-95 Beginning Cash Balance $4,937 $4,937 $4,136 Revenue 4,100 2,235 55% 2,083 Expenses -7,726 -3,366 44% :.1,873 ENDING CASE BALANCE $1,311 $.3,806. $4,346 12-31-95 Actual % to Total FY96 Actual 49% 55% Revenues totaling $2,235,279 are 55% of the FY97 budget of $4,100,000. State Road Use Tax (RUT) revenue is budgeted at $66.95 per capita. Actual RUT revenue for the six months totals $2,090,707 or approximately $70.00 per capita. The balance of revenue comes from interest income. Expenditures include transfers to the General Fund to pay for the cost of the Traffic Engineering and Streets Divisions, a $30,855 subsidy to General Fund - Forestry, $62,000 to JCCOG, and funding for Capital Improvement Projects (CIP). Transfers to the General Fund are net of any other revenue received by the Traffic Engineering and Streets Divisions within the General Fund. Actual transfers to Traffic Engineering totaling $390,375 are 43% of the FY97 budget of $900,401. Actual transfers to Streets totaling $820,715 are 40% of the FY97 budget of $2,063,993. Subsidy to Forestry and JCCOG are transferred evenly throughout the year. CIP transfers totaling $2,103,923 are 45% of the FY97 budget of $4,660,071. Page 19 of 24 Eml~lovee Benefits Fund - FY97 FY97 FY96 Description FY97 Actual % of Actual (in $1,000s/ Bud,qet ~. 12-31-96 Budget ~ 12-31-95 Beginning Cash Balance $ 821 $ 821 $ 483 Revenue 4,064 2,126 52% 1,974 Expenses -3,805 -1,784 47% -1,685 ENDING CASH BALANCE $1,080 $1,163. $ 772 12-31-95 Actual % to Total FY96 Actual 52% 49% Revenues totaling $2,126,217 are 52% of the FY97 budget of $4,064,233. Property tax revenues are approximately 82% of the FY97 budget. $1,702,855 or 51% of the FY97 property tax revenue budget of $3,326,729 has been received through 12-31-96. The majority of property revenue is received twice a year, approximately 50% in October and 50% in April. This coincides with the due date of property tax bills from property owners. $79,195 was received from the University of Iowa Fire Contract. $100,000 or 50% of the FY97 budget of $200,000 was received from the General Fund to be used in FY2000 for the 27th pay period in one year. $228,500 or 50% of the FY97 budget of $457,000 was transferred in from the Public Safety Reserve. This is used to pay for a portion of the employer share of police and fire pension costs. Expenses totaling $1,784,369 are 47% of the FY97 budget of $3,804,756. The major budgeted expense is a transfer out to the General Fund. The transfer pays for the benefits of employees in the General Fund. The employer share of FICA, IPERS, Police/Fire Pension, health premiums, life premiums and workers compensation. Page 20 of 24 Electrical Stage Tents Security Trash Mid America Big Ten Big Ten off-duty officers Pick-up Shay On site Elec Main stage backstage tent Vendor Tents Backstage passes main stage Dumpster Tables /chai total $100.00 $2000.00 $1300.00 $550.00 $95O.OO $5000.00 Bands Mini stages United Jazz Ensemble Kenny Garrett Pancho Sanches Terrell Staford Odd Bar Trio Ray Anderson Hornheads Neville Bros Local bands Equp. Rental Rooms/Bands 30/both days Admin Fee Clinics Clinician fees Advertising/printing Non-music performance Stage Crew I Sound Company total bands total total total total total Grand total $200.00 $5000.00 $800O.O0 $3500.00 $450.00 $75OO.OO $2100.00 $35000.00 $1500.00 $63250.00 $1 000.00 $3000.00 $6000.00 $1500.00 $2000.00 $3500.00 $500.00 $5OO.OO $1850.00 $285O.OO $84600.00 The Iowa City Jazz Festival was founded in 1991 by Mark Ginsberg and Steve Grismore and has grown every year since. It features internationally-known jazz musicians as well as local and regional acts. The celebration is held annually on July third' and fourth in downtown Iowa City. Admission is free with support from business sponsors and grants. Attendance for the 1996 Iowa City jazz Festival was estimated a~t 28,888 for the two days. The Goal of the Iowa City Jazz Festival is to promote Jazz Music as an American Art form, to create an educational opportunity for students and those who could not otherwise afford an event such as this, and to have a positive social and economic impact on the community at large. The Iowa City Jazz Festival will be offering a three-day jazz camp for high school students in 1997. These students will get to work with professionals in the jazz field as well as perform downtown on the mini-stages prior to the first main-stage act on the afternoon of July third. Attendance for this camp is estimated at approximately 188 students from all over the state of Iowa. It should also be noted the Iowa City jazz Festival has always tried to give back to the community in supporting local organizations such as Mecca, the Center for Domestic Violence, and the Homeless Shelter. Top sponsors for 1996 included: Amana Home 8ppliances, KGAN NewsChannel 2, The Daily lowan, The University of Iowa Lecture Committee and The City of Iowa City. Other major sponsors were: KCCK-FM, West Music, M.C. Ginsberg Jewelers, Perpetual Savings Bank, Xawkeye State Bank, 368 Degree Communications, Iowa State Bank and Trust, First National Bank, Hawkeye Food Systems, Messer Distributing, ADVANTAGE Information Management, Fresh Food Concepts, Goodfellow Printing, KXIC/Fox-FM, TCI Cable, New Pioneer Co- op, Meacham Travel, Strong Productions, and the Iowa Memorial Union. The following information was taken from a press release earlier this fall highlighting our status both statewide and nationally. The Iowa City jazz Festiual is becoming recognized as one of the premier free Jazz Festiuals in the United States. Jazz Festival Wins Iowa Tourism Award Iowa City - The Iowa City Jazz Festival was honored recently with the Tourism and the Arts Award given by the Iowa Division of Tourism. The award was announced at it's Iowa Tourism Conference, October 21-23 in Council Bluffs, I A. Over 25 events were entered in the category, which was determined by an independent panel of judges made up of 5 representatives from different sectors relating to tourism. Criteria included best presentation, overall impact the attraction had on the state and tourism.. A total of 14 awards were made in areas such as Community of the Year, Attraction of the Year, Friends of Tourism, Media and others. "We're very proud that the state has recognized the economic, as well as the philanthropic and artistic impact the festival has," Mark Ginsberg, Festival Co-founder remarked. "Our sponsors have been very important in helping us reach this level." Wendy Ford, Director of the Iowa City/Coralville Convention and Visitors Bureau attended the conference and received the award on behalf of the Jazz Festival. "it was very exciting. We're really proud to have the Jazz Festival win a state-wide competition, especially in a year when there were so many Sesquicentennial events going on. Any time we have an event that is gaining state-wide and national attention we're getting exposure that we might not have otherwise." Division of Tourism Promotions Director Mark Yontz complemented the festival. "Iowa City, and the Jazz Festival in particular, have done a great job. The success it's had and number of people it's brought in have been very impressive." Headline performer and Downbeat Magazine award-winner Joe Lovano called the 1996 Festiual "one of the best I'ue euer seen." "Iowa City Jazz Festival Goes National" In its short lifetime, The Iowa City Jazz Festival has been recorded by National Public Radio two times. First in 1993(remember the rain?) and again this past summer(1996). These recordings will be featured as a part of "Jazz Set" which is broadcast nationally on ouer radio 288 stations. Jazz Set is hosted by Branford Marsalis and features only the best performances of national and international .jazz artists. It is an great honor to be selected by National Public Radio, as only a select and limited number of festiuals and performance uenues are chosen each year! "Jazz Set with Branford Marsails" is produced weekly at WGBO- FM in Newark, N.J. If you live outside of the Iowa City area check your local National Public Radio station for airing time because it can vary. Our festival will actually be featured on two consecutive broadcasts in the Cedar Rapids/iowa City area at 8:88 p.m. on Nouember 28th and December 5th by our local jazz station KCCK88.3FM. The production staff of NPR does an excellent job and you won't want to miss these shows! The first airing will feature the music of Maceo Parker, Larry Goldings Trio, and8 Bold Souls. The second show will feature the music of Jerry Granelli and UFBandJoe Lovano Quintet( Joe Lovano was nominated for a Grammy and voted best tenor sax in most 1996 jazz magazine polls.) Contact: Bob Woodward Steve Grismore Mark Ginsberg 319-335-3183 319-358-9346 319-351-1788 1996 REGISTRY OF HERITAGE TREES JOHNSON COUNTY, IOWA Name of Tree Location Circumference* Apple (Malus spedosa) Apple, prairie crab (M. 1owcnsls) MacBride Raptor Center 704 Reno Street, !.C. 102" 92" Apricot (PrmJus spcclosa) 621 Reno Street, I.C. 97" Ash, green (Fraxinus pcnnsylvanica) Ash (F. pcnnsylvanlca) Ash, white (F. americana) 816 Park Rd., l.C. 3205 Court St., I.C. 1025 Woodlawn Circle, I.C. 130" 124" 114" Aspen, (Populus grandidentata) 1424-28 Buresh Ave., I.C. 106" Basswood, Amer.(tilia, americana) Basswood, Amcr.(t. americana) Basswood, Amcr.(t, americana) Basswood, Amcr.(t., amcrlcana) Basswood, Amcr.(t., amcrlcana) Basswood, Amcr.(t., americana) 60 N. George St., N. Liberty S.E. Oakland Cemetery, Site 16, I.e. 1044 Woodlawn Circle, I.C. S.E. Oakland Cemetery, Site 20, I.C. 4830 Morse Rd., I.C. Adams Century Farm, Solon 182" 132" 129" 126" 120" 105" Beech, Eur. Purple (Fagus sylvatlca purlintea) 1011 Woodlawn Circle, I.C. 150" Birch, River (Bctula nigra) Birch, River (Bctula nigra) 2849 Newport Rd., !.C. Lower City Park, behind backstop, i.e. 158" Chesmut, Amcr. (Casmnca denrata) Chestnut, Ohio Buckeye (Acsculus glabra) Chestnut, Horse- (/L hippocastanum) Oakdale Camptts, $o. of Oakdale Hall Hwy. 6 & Greencastle Ave., Oxlbrd U of iowa, So. of UI Museum of Art Pond I 18" 114" 113" Butternut ~uglans clncrca) 1004 E. Church St., I.C. 75" Catalpa, Northern (Catalpa speclosa) Catalpa, Northern (C. spcclosa) Catalpa, Northern (C. speciosa) 227 Elizabeth St., !.C. 427 S. Governor St., I.C. 1036 Woodlawn Circle, I.C. 155" 145" 102" Cedar, Red (]unlperls virlglnianM 409 Kimball Rd., I.C. 77" Colli'ctrcc,Kcnt. Gymnocladus dioicuM 624 S. Summit, I.C. Cofli~etrcc,Kcnt.(G. dloicus) E. Washington aml Governor, !.C. 128" 125" Cottonwoodod (Populus deltoldcs) Cottonwood (P. deltoidcs) Cottonwood (P. dcltoidcs) Cottonwood (P. dcltoidcs) Cottonwood (P. dcltoldcs) Cottonwood (P. dcltoides) Two miles SW of Kalona Cheese Factory 339" Willow Creek Park, I.C. 330" Ravine-Hidden Valley Estates, $E of Shueyville 309" 1963 Rohret Ct., SW, I.C. 263" 804 Gilbert Ct., LC. 172" 5510 Lackcnder Ave., SW, Riverside 130" Elm, Amer. (Ulmus americana) U of Iowa Pentacrest, E. of Shaeffcr Hall 177" Ehn, A~ncr. (U. amedcmm) U of Iowa, Finkbine Golf Course, !.C. 156" mmmmmm. ....memmmmm~N mmm~mmmmmmmN *Circumti'rence of all trees has been measured at four-and-one-hal{~l~et above ground in accordance with nationally establLshcd forestry measurement practices. Diameter of each tree can be determined by dividing its circumference by pi (approximately 3.14) Elm, Japanese (U. japonica) Elm, Amer. (U. amedcana) Elm, Amer. (U. americana) Elm, Amcr. (U. americana) Elm, Amcr. (U. americana) Elm, Red Slippery (U. rubra) Elm, Red Slippery (U. rubra) Elm, Red SHppcry (U. rubra) Elm, Siberian (U. pumila) Ginko (Ginko biloba) Hackberry (Ccltls occidcntalis) Hackberry (C. occidentalis) Hackberry (C. occidcntalis) Hackberry (C. occidentnils) Hackberry (C. occidentnils) Hazel, Turkish (Corylus column) Hickory, Bitternut(Carya cord'fformis) Hickory,Bitternut(C. cordltbrmls) Hickory, Bitternut(C. corditbrmis) Hickory,Bitternut(C. cordiformls) Hickory, Shagbark (C. ovata) Hickory, Shagbark (C. ovat.a) Ironwood (Ostrya vlrginiana) Larch, European (Ladx dccidua) Larch, European (L. dccidua) Latch, Tamarack (L laricina) Locust, Black (Robbda pscudoaca. da) Locust, Black (R. pseudoacacia) Locust,Honey(GlcdltMa tdacanthos) Locust,Honey(G. tdacanthos) Locust,Honcy(G. tdacantkos intcrmis) Magnolia (Magnolia soulangcana ) Maple, Black (Acer nigrum) Maple, Norway (Acer plantanoidcs) Maple, Norway (A~plantanoldcs) Maple, Silver (A. saccharin urn) Maple, Silver (A. sacchadnum) Maple, Silver (A_. saccharinurn) Maple, Silver (A. sacchadnum) Maple, Slvcr (A. sacchadnum) Maple, Silver (A. saccharinurn) Maple, Slvcr (A. saccharlnum) Maple, Slvcr (A. saccharinurn) Maple, Silver 0L saccharinurn) Maple, Slvcr (A. sacchadnum) Maple, Silver (/L sacchaduum) Maple, Silver (A_. saccharinum) Maple, Silver (A_. sacchadnum) Maple, Silver (A. sacchaduum) . Maple, Silver (/L sacchadnum) Maple, Silver (/L sacchadnum) Maple, Silver (A. sacchadnum) Maple, Silver (A. saccharlnum) Maple, Slvcr (/L sacchadnum) Maple, Silver (A. saccharinum) Maple, Sugar (A. saccharum) Maple, Sugar (A. saccharum) Maple, Sugar (A_. saccharum) 2650 S. Riverside Dr., !.C. 217 Koser Ave., !.C. 1507 E. College St., I.C. 1653 Twin Valley Dr., NE., Solon 530 S. Ronalds St., I.C. 630 E. Bloomington St., I.C. 608-10 E. Davenport St., I.C. 4247 Turkey Crock Rd., NE, I.C. 701 Melrose Ave., I.C. 128 Seymour St., LC. 940 E. Davenport St., I.C. U of Iowa, Quadrangle courtyard 602 E. Church St., I.C. U of Iowa, Finkbinc Golf Course 1801 Hafor Dr., !.C. U of Iowa, Quadrangle ravine Iowa City Water Reserve, N. Dubuque St. 520 Clark St., I.C. 536 Summit St., !.C. U. of Iowa, Mcd. Ed. Bldg. Oakland Cemetery, Site 16, I.C. 1033 Woodlawn Circle, i.C. U of Iowa, Seashore Hall courtyard 624 S. Sramnit, !.C. Oakland Cemetery, Site 8, I.C. 1010 Woodlawn Circle, I.C. 704 Ronalds Ct., I.C. Finkblne Golf Course, I.C. 608 Ronalds St., I.C. Hickory Hill Park, west cntl% I.C. Two miles west of Frytown 139" 136" 130" 119" I 16" 178" 125" 104" 162" 162" 142" 138" 135" 129" 80" 57" 101" 92" 89" 72" 94" 80" 96" 85" 77" 188" 102" 144" 144" 212" 621 Reno St., !.C. 108" 923 E. Davenport, i.C. I 10" U of Iowa, Finkblnc Golf course, I.C. ! 40" 1036 Woodlawn Circle, i.C. 88" Thatchers Mobile Home Park, !or 12, I.C. 313" 618 Grant St., I.C. 296" Edgewater Park, SW., Coralville 265" 3508 Osage St., SW, I.C. 255" 4304 Maicr Ave., SW, I.C. 224." Penn Meadows Park, N. Liberty 215" 1921 'F' St., I.C. 214" 220 Koscr Ave., I.C. 195" 6815 Utah Ave., SE, Lone Trcc 195" 330 Short St., Oxford. 190" 5240 Fairview Cemetery Rd., I.C. 189" Sisters' Garden, Rtc. 1, So. of I.C. 182" Plum Grove, NW, l.C. 165" Hwy 965, one mile so. of Hills 162" 330 Short St., Oxford 160" 921 Hudson Ave., I.C. 160" 1640 250th St. NW, Oxford 156" 1410 Broadway, I.C. 150" 912 Highland Ave., I.C. 145" 1653 Twin Valley Drive, NE, Solon 144" 600 Davenport St., I.C. 107" Mehaffey Bridge Rd., so. of Lake Concourse 103" 335 Bcldon Ave., I.C. 96" Mulberry,Weeping (Morus Mba) Mulberry, Weeping White(M. alba pcndula) Mulberry,Weeping Whitc(M. alba pendula) Oak Black, (Qucrcus vclutina) Oak Black, (Q.vclutina) Oak Black, (Q. vclutina) Oak Black, (Q. vclutina) Oak Bur (Q. macrocarpa) Oak Bur (Q. macrocatpa) Oak Bur (Q. macrocarpa) Oak Bur (O~ macrocarpa) Oak Bur (Q. macrocarpa) Oak Bur (Q. macrocarpa) Oak Bur (Q. macrocarpa) Oak Bur (Q. macrocatpa) Oak Bur (Q. macrocarpa) Oak Bur (Q. macrocarpa) Oak Bur (Q. macrocarpa) Oak Bur (Q. macrocarpa) Oak Bur (Q. macrocarpa) Oak Bur (Q. macrocarpa) Oak Bur (Q. macrocarpa) Oak Bur (Q. macrocarpa) Oak Bur (Q. macrocarpa) Oak Bur (Q. macrocarpa) Oak Bur (Q. macrocarpa) Oak Bur (Q. macrocarpa) Oak Pin (Q. palusbris) Oak Pin (Q. palusbris) Oak Pin (Q. palusbris) Oak Red (Q. rubra) Oak Red (Q. rubra) Oak Red (Q. rubra) Oak Red (Q. rubra) Oak Red (Q. rubra) Oak Scarlett (Q. cocclnca)' Oak Scarlet1 (Q. coccihen) Oak, Swamp White (Q. bicolor) Oak, Swamp White (Q. bicolor) Oak, Swamp White (Q. bicolor) Oak, Swamp White (Q. bicolor) Oak White (Q. alba) Oak White (Q. alba) Oak White (Q. alba) Oak White (Q. alba) Oak White (Q. alba) Oak White (Q. alba) Oak White (Q.. alba) Oak NVldte (Q. alba) Oak White (Q. alba) Oak White (Q. alba), Oak White (Q. alba) Oak White (Q. alba) Oak White (Q. alba) Osage Orange (Maclura pomifcra) Osage Orange (M. pomff~ra) Osage Orange (M. pomlfera) Persimmon, American (Diospyrus vlrghdana) Pine, Austrian (Pinus nigra) Pine, White (P. strobus) Pine, White (P. strobus) Pine, White (P. strobus) 2391 Mchaffey Bridge Rd. NE, N. Liberty 192" 918 Market St., I.C. 76" Oakland Cctnctct% NW Corucr, I.C. 58" Between 436 and 506 Governor, !.C. 172" 837 Kirkwood, I.C. 167" Big Grove Township, sec. 22, Solou ! 50" 1415 E. Davenport, I.C. 117" 822 Park Rd., I.C. 233" Big Grove Township, sec. 22, Solon 210" Finkblne Golf course, I.C. 202" 527 Clark St., I.C. 166" 430 Summit St., !.C. 14.9" Hidden Valley Estates, Shucyvillc 149" 1030 Bowery, I.C. i 44" 3201 E. Court St., I.C. 143" Oaklaml Cc~neteo,, Site 7, i.C. 138" 256 Magowan Ave., !.C. 135" 512 S. Dodge St., !.C. 135" 4830 Morse Rd. NE, I.C. 130" U of Iowa, Quadrangle courtyard ! 29" U of Iowa, Hillcrest Dormitory, west side I 19" 517 S. Lucas St., !.C. 118" 506 S. Dodge St., !.C. 117" 965 Siothowcr Rd., I.C. 110" 517 S. Lucas, I.C. 109" 517 S. Lucas, !.C. 101" 2021 Southridge Dr., Coralville 100" U of Iowa Fieldhouse, cast side 156" U of Iowa, Jessup Hall, west side 132" U of Iowa, Finkbinc Golf course 103" Water Reserve, North Dubuque St., I.C. 204" 3712 Rice Ridge Circle, N. Liberty 166" Mann Farm, Oxtbrd 163" 1025 Woodlawn Circle, I.C. 132" Oakland Cemetery, Site 20, i.C. 120" 813 Rundell St., I.C. 103" U of Iowa Finkbinc Golf course 89" Kent Park,off trail of parking n.ofyoud~ camp 162" NW Oakland Cc~netcry, Site 19, !.C. 151" SE Oakland Cemetery, Site 19, I.e. 124" 707 River St., !.C. 123" Sugarbottom camp ground 168" U of Iowa, Parking Lot 4.8, NE corner 162" 454 LeXington Ave., I.C. 155" NEI/4 of Sec. 34,Maidson Twnship,N. Libcrty153" 405 Riverside Dr. (St. Thomas More), i.C. 145" U of Iowa Pentacrest, west of Jessup Hall 144" 1920 Court St., !.C. 136" 4551 210th st. NE, Solon 134" 227 Ferson Ave., I.C. 128" 401 S. Governor, I.C. 128" 5154 Rapid Creek Rd., I.C. 126" 1049 Woodlawn Circle, I.C. 123" 507 N. CHnton, I.C. 123" 1029 Bowery, LC. Kent Park,off trail of parking n.of youth camp 127" Water Reserve, N. Dubuque St., I.C. 61" ? Lucas St., I.C. 90" 609 S. Summit, I.C. 1422 E. Bloomington St., I.C. S. end of Kansas Ave. of IWV Rd., LC. 624 S. Summit, I.C, 84" 138" 124" 114" 0~'~ U~°l '/~!~) ust°i :o~uu!p:ooo so0.~t~o$ pooqJoqq~!oM oq,L % oo~!mmo~) ~u.uoo~S: soO~L o~h~poH ~i,LOM ,J'5I ,,6g! ,,051 ,,95 I ,,891 ,08I ,J; I I ,,611 ,,~£I ,,881 ,,80 I ,,8 ! l ,,551 ,,I9 ,,66 ,,50 ,,~0I .0 I ,,[ I ,,5! '~)'I '£ o~!~ '~Jo~omo~) pu~lNeO OlSU'uJpen~) jo 'os '~ I Z°I gupiJ~d 'e~Ol jo II u°!°S "JO i°lleA u.~£ ~99 I Pjqtxo "~: ~J°qs 08~ '9'I ';qoJ!~) tOtelpOO3A 91~01 '~)'1 "~$ ;.mo~ '~ 650 I ~OlI~ oq; u! 'poost~!.Lrll 658 iI~H oplJqo~~ jo ~o '~soJ:semod ~stoi jo '~1 '~)'I 'Hmmn~ '~: 01-60£ '~)'1 '°P'q~) uaHp°°A4, 9~0 I '~)'I "°xV q~t9 '~)'I 'd.nisust,.L '~°ll~A m~s~°id ! I Sll,q-I jo 'os ol!m ouo ~815 .~e~q PlO UOlO~'o~Jnoouo~) oq~ jo 'os 'o~pplt Xoj~qo14/ '~)'I "~: °u°H 91 ~ UOlO~ "~ mi] '3A 015 '~)'1 "-~ :~°du='x~O '~ 955 '~}'I "°AV pUei~O 85£ '~'I "oAV PtmPl~O '~)'I "°sV Pm~p!~O 8I£ '~)'I "°xV pu~pi~o '~)'I "PH Joost°q~°l~ 996 '~)'I "°IV PtmPl~O osJnoo JlOO ou!q~uH '~toI jo f] (eo~imuo~I ~.tl~eJpelO) poo~4~OllOA (~:)!uoi~qeq '~) Jgu!doo3A 'aO!l!3A (eo!UolXqeq X!l"~) Wu!dooA~ 'aoll!At (e. toJ!d!lm uoJpuopo!.z.rl) ;~oJ~dIIn,L (s!IeZuop!ooo 'J) oJome:~AS (sHmuopp:~o 'd) °J°meoAS (s!IeSuoP!Oao 'd) oJome:~AS (S!lmuop!ooo snue~qd) oJomeoAS (so!qe 'd) !~*t't°M '°°nJds (~°!q~ 'd) '~su°N '°;roads (suoffundeo:~!d) onlH 'o~nJdS Heritage Trees 'Iowa City, Iowa Heritage Trees of Iowa City is a group of citizen volunteers who work with the Iowa Department of Natural Resources, neighborhood associations, Project GREEN, the City Council and City Forester to preserve, maintain, and replenish Iowa City's trees. Heritage Trees' first phase, carried out during the summer of 1994, was to inventory trees in Iowa City's oldest settled areas--the Goosetown, Longfellow, North Side, and Woodlawn neighborhoods, along with Oakland Cemetery and Plum Grove. A second phase of the project is to initiate tree stewardship and educational programs throughout the city. This fall, for example, two tree identification workshops are being offered to the public, and four brochures published of trees tours in Oakland Cemetery, as well as the Goosetown, Longfellow, and North Side neighborhoods. In a third phasc of the Heritage Trees project, the tree inventory will be used to create a master plan for future tree plantings in the surveyed areas. In the future, Heritage Trees hopes to inventory and map other areas of Iowa City, until the whole of our urban forest has been assessed and assistcd. Whilc doing so, Heritage Trees hopes to serve as a model for other newer neighborhoods that share its goals of planning and planting for the future Iowa City. For additional information about Heritage Trees, contact the office of Iowa City's Neighborhood Services Coordinator, 319-356- 5237. To~ I0WA CIT? £1Y. RK From J0 ff0gar~y 2-05-9? 9~21am p. 2 of 3 Johnson CounO' Sally Stutsman, Chairperson Joe Bolkcom 'Charles D. Duffy Jonathan Jordahl Stephen P. Lacina BOARD OF SUPERVISORS February 6, 1997 FORMAL MEETING 1. Call to order 9:00 a.m. Agenda 2. Action re: claims 3. Action re: formal minutes of January 30th. 4. Action re: payroll authorizations 5. Business from the County Auditor. a) Action re: permits b) Action re: reports c) Other 6. Business from the County Attorney. a) Report re: other items. 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWACITY, IOWA 52244-1350. TEL: (319) 356-6000 FAX: (319) 356-6086~1~q, To, IOWA CITY CLERK Fzom, Jo Hogarty 2-05-97 9,~lam p. 3 of 3 Agenda 2-6-97 Page 2 CORRECTION 7. Business from the Board of Supervisors. a) Action re: resolution for Road Vacation 01-97. A portion of Iowa City to Oskaloosa Road (Angle Road) beginning at its intersection with Main Street in Frytown; thence Northeasterly approximately 223 feet. b) Action re: Iowa City's annexation of 140.5 acres of property located on the east side of Scott Boulevard and Highway #6. c) Motion authorizing Chairperson to send a letter to the small cities re: Regional Application for Iowa Department of Economic Development Housing Needs Assessment Grant. . d) Motion authorizing Chairperson to send a letter to Linda Kopping, Acting Coordinator for Senior Center re: Senior Center parking concems. e) Other 8. Adjourn to informal meeting. a) Discussion re: Iowa City's annexation of 140.5 acres of property located on the east side of Scott Boulevard and Highway #6. b) Inquiries and reports from the public. c) Reports and inquiries from the members of the Board of Supervisors. d) Report from the County Attomey. e) Executive Session for bargaining strategy re:S.E.A.T.S. collective bargaining agreement. f) Discussion re: budgets. g) Other 9. Adjournment. To~ ~O~A C~TY CLER~ Ftom~ Jo Hoqa~b¥ 2-03-97 8~39am p. ~ o~ 2 Johnson County "J-' iowg, ~ Sally. Slutsman, Chairperson Joe Bolkcom Charles D. Duffy Jonathan Jordahl Stephen P. Laeina BOARD OF SUPERVISORS February 4, 1997 INFORMAL MEETING Agenda 1. Call to order 9:00 a.m. 2. Review of the formal minutes of January 30th. 3. Business from the Planning and Zoning Administrator. .. a) Discussion re: Regional Application for Iowa Department of Economic Development Housing Needs Assessment Grant. b) Other Business from Reverend Bob Welsh re: Center/discussion. Nutrition Committee/Senior o Business from Jim McGinley, Director for Johnson County Emergency Management re: budget amendment for FY ,97 Block Grant for Johnson County Emergency Management Agency/discussion. 6. Business from the Board of Supervisors. a) Discussion re: b) Discussion re: c) Discussion re: d) Reports e) Other S.E.A.T.S. Director position. Computer Needs Committee. budget.s. 7. Discussion from the public. 8. Recess. 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 FAX: (319) 356-6086 CITY COUNCIL INFORMATION PACKET February 7, 1997 I IP2 IP3 IP4 IP5 FEBRUARY 10, 1997, WORK SESSION ITEMS Memorandum from City Manager: Budget Issues: 2/10/97 Budget Meeting, 4:00. p.m. Letter from Councilor Dee Norton: Specific Suggestions About the FY98 City Budget Memorandum from Assistant Planning Director and Director of Parking & Transit: Downtown Iowa City Parking Study Final Report Memorandum from Civil Engineer to City Manager: South Sycamore Regional Storm Water Project (Preliminary design and drawings Council packet only) IP6 IP7 IP8 IP9 IP10 IPll IP12 IP13 IP14 IP15 IP16 IP17 IP18 Letter from Mayor to Iowa City Kicker Members: ThankYou For Support Memorandum from City Manager: Update on Business Contact Information Memorandum from City Manager: Phone Call from Don Slothower Memorandum from City Manager: Charitable Contributions Memorandum from Assistant City Attorney: Charitable Organizations Proposed Policy for Payroll Deduction by ~.~5 :~ Memorandum from City Attorney and Assistant City Attorney:. Billing Adjustments: ~-~ Review of Prior Practices and Recommendations for New Procedures, Recommendation for Waiver of Un-bllled Solid Waste Services Memorandum from Finance Director: February 11, 1997 Formal City Council Meeting -- Four Resolutions Included in the Consent Calendar Memorandum from Finance Director to City Manager: Reason for Sending Out Two Bills for Two Meters at the Same Address Memorandum from Director PCD: Streb Industrial Park Annexation 5s'-7 Memorandum from Library Director: Memorandum from Parks and Recreation Director to City CemeterylGaulocher Property Memorandum from Parks and Recreation Director to City Manager: Letter from Chief of Police to City Manager: Human Rights Commission Agenda for February 20 and March 5, 1997 ~.~ ~' Manager: Oakland ~.~ Plaza Sweepers IP19 IP20 IP21 IP22 IP23 IP24 Memorandum from City Clerk: IP25 IP26 IP27 IP28 IP29 IP30 Memorandum from City Clerk: Memorandum from City Clerk: Meeting Schedule for February and March Council Work Session, January 27, 1997 Council Work Session, February 3, 1997 Memorandum from City Engineer to City Manager: Melrose Avenue Cross Sections Letter from Personnel Administrator to Dave Moore: Answers to Personnel Questions Letter from Iowa City Police Department to Jerry Arganbright (Principal West School): Thank You Letter from William Blough (TCI General Manager): Programming and Pricing Letter from Assistant city Attorney to Dean Spina: Yeggys Letter from Robert Stika to City of Iowa City: Parking Ticket Review Board Letter from Kate Klaus (Heritage Trees Project Designer) to City Manager: Funding High 5"70 Letter from Jon McBride (Planned Parenthood of Greater Iowa) to Mayor: Police Support ~7c~ Ashfield-Plainfield Regional School District Sanderson Academy School Council: Report 5~-/?) of the Committee to Review the Tobacco, Alcohol and Other Substance (TAOS) Curriculum (Baker) Memo from Human Rights with outside attorneys full-time staff. Coordinator regarding feasibility of contracting to conduct human rights ivestigations vs. temporary from HUD. a Citizen Memo from Human Rights Coordinator regarding update on funding Memo from Assistant City Attorney regarding ordinance creating Police Review Bd. Information regarding Human Rights Departments in other Iowa Cities. Agenda for the 2/11 Informal meeting of the Bd. of Supervisors. Press-Citizen article: "Meter-feeding granny guilty." litigation update. Work session of 2/1/97. Work session of 1/29/97. schedule for February & March. Copy of Memo from City Atty. regarding partial Memo from City Clerk regarding Council Memo from City CLerk regarding Council Memo'from City Clerk regarding Meeting (revision #5) Memo from Mayor regarding major legislative issues. Memo from Council Member Kubby regarding Police Policies. Draft report from City Atty. regarding Police Policy & Procedures. Agenda for the 2/13/97 meeting of the Bd. of Supervisors. Statement submitted by Carol DeProsse regarding Shaw incident. 2 City of Iowa City MEMORANDUM Date: February 7, 1997 To: City Council From: Steve Atkins, City Manager Re: Budget Issues: 2-10-97 Budget Meeting, 4:00 P.M. Hospice Road Race wants $5,000 Friday Concert Series (D.T.A.) wants an increase from $5,000 to $7,500 Do you continue funding Arts Fest and Jazz Fest ($5,000 each) from Hotel Tax, and when do you plan to under take a comprehensive review (new contract?) with Convention Bureau? Parks and Recreation Commission expressed support for both new positions: one in Parks ($33,333) and one in CBD ($32,454) or $65,787 in FY98. Heritage Trees wants funding but not sure what. I heard $8,000 to $13,000. Council pay raise Budget Highlights pages ImY12-6.wp5 Specific Suggestions About the FY98 City Budget From Councilor Dee Norton 2/3/97 1. Council Pay I recommend that we amend the existing ordinance on compensation of councilors to provide that on January 1 st of the year following each regular council election, the pay of councilors be adjusted by a percent equal to the change in the cost-of-living over the previous two years. The compensation for the mayor would continue to be set $1000 above that of other councilor members. Formal action on the biannual adjustment would be taken by the Council at the time the budget for the coming even-numbered year is approved. For the record, and in the hope that some of you might reconsider your position, I do not agree with the proposed $1,000 lump-sum increase which had majority support at our last meeting. None of the many councils since 1983 has seen fit to change the compensation plan; why, then, should the present council members be the beneficiaries of so much "catch- up?" Under the plan I now propose, assuming an annual increase of 3% in the cost-of- living, the compensation of regular council members would increase next January from $5,012.80 to $5,313.57. It's worth noting that if3% annual COLA's had been in effect during the years since council compensation was last set in 1983, we would now be receiving $7,110.75, and would be moving to $7,537.40 next winter. (And while we're fixing things, why not set council pay at some nice whole, if not round, number!?) 2. CVB and Related Activities I propose that we set up a distinct fund for use in supporting events, activities and projects specifically intended to generate and maintain community spirit. The fund might provide assistance to events such as the Friday Night Concerts, the Jazz Festival and the Arts Festival. It could, in principle, support other types of events such as the Criterium Bike Race and the Hospice Road Race, or the acquisition of public art, or the presentation of public dance or theater performances. I suggest establishing for starters a "Community Spirit" fund of $30,000, about three- fourths of which would come from a standing allocation of 5% of the Hotel/Motel Tax. One suggestion is to modify the current allocations as follows: CVB from 25% to 23%; Police Patrol from 50% to 48%; Mercer Park Aquatics from 15% to 14%. Under current projections this would generate $22,850 in FY98. The balance, $7,150, would come directly from the General Fund. The City Council would establish general guidelines for allocations, and would make annual allocations on the basis of recommendations from a committee of two councilors and the Executive Director of the CVB. (This is just one suggestion, of course.) The fund would not necessarily be entirely used in any one year. The activities and projects to be assisted would be ones which do indeed contribute not only to the sense of community among our own citizens but also attract visitors and contribute to the economic vitality of the city and the area. p. 2, Norton, 2/3/97 3. Computers Over the entire city budget I find a total planned FY98 expenditure of some $650,000 for computers, in some 16 different units! So far as I can tell. this doesn't include any amounts going to equipment reserves, and includes only one of several installments on systems for the police and for the library. I know that technology changes rapidly but why all the burden this particular year? Are we facing amounts like this regularly? 4. Planning & Community Development a. Have we received a good accounting from ICAD? b. $30,000 doesn't look like enough to provide all the consultation we will need. c. Where is the $25,000 for PIN grants? 5. CBD Maintenance a. I hope I'm correct in assuming that the "sweepers" item shown under Capital Outlays in the Streets Dept. budget, page 78, is for the two "Green Machines"!? b. Even with some new equipment, won't we need to add at least a part-time MW to stay on top of the job downtown and elsewhere? 6. Parks & Recreation How can we afford to lose a half-time MW, give increasing work demands? 7. Police a. I'm not at all sure about the virtues of FATS. Is that the area where we need improved training? What additional personnel costs are entailed in maintaining it, using it, up- grading it? Can we readily accommodate outside users? b. Have we properly anticipated costs associated with preparing for accreditation and for maintaining accredited status? c. Are we committed to introducing a Tort Liability levy in 20007 Do we need to start preparing citizens now for this eventuality? 8. Library a. This budget must be quite tentative; if alternatives now under study don't produce realistic plans we will have to go back to the drawing board re the present space. b. Why are both capital expenditures and S&C so far above projections? And are computer system upgrades compatible with a variety of "futures" for the Library? 9. Airport Is it time to consider an airport levy? How do we prepare for such a change? City of Iowa City MEMORANDUM Date: February 5, 1997 To: From: Re: City Council Jeff Davidson, Assistant Planning Director Joe Fowler, Director of Parking & Transit Downtown Iowa City Parking Study Final Report At your February 10, 1997 work session we will continue our discussion of the Downtown Parking Study by addressing issues 2 through 8 on pages 49-52. We can always schedule another work session if necessary. At our last discussion you directed us to continue negotiations with St. Pat's Church on acquiring property for the Near Southside Phase I multi-use parking facility. You also directed us to begin discussions with the University on acquiring a site for a parking facility on the north side of the CBD. This facility would be constructed after 2003. During our last discussion we could not recall exactly the calculations which had been made on constructing the Near Southside Phase I multi-use parking facility on Block 102 (Mod Pod/Electronics Cave site) rather than the St. Pat's site. Comparing a four level parking facility with 12,000 square feet of ground floor space for other uses on each site, we estimated 407 spaces possible on the St. Pat's site and 272 spaces on the Block 102 site. A question has been raised about possibly using the air rights over the Magna Bank for levels three and four of a Block 102 facility. We will attempt to have additional information at the February 10 meeting. CC: tp2-5 Steve Atkins Karin' Franklin Bill Dollman David Schoon Don Yucuis ,3'</7 City of Iowa city MEMORANDUM To; Date: Re: Steve Atkins Jeff McClure February6,1997 South Sycamore Regional Storm Water Project This cover memo is intended to give a brief description of the circumstances leading to the above named project. The preliminary project design report is attached. This project is scheduled to be discussed at the February 10 council work session. A resolution for approval of the consultant agreement for final project design is scheduled for the February 11 council meeting. The project area located in southeast Iowa City includes approximately 600 acres and is roughly bordered by Sycamore Street on the west, Lakeside Drive on the north, the proposed Saddlebrook subdivision on the east, and the Iowa City wastewater treatment plant and soccer fields on the south. The south Sycamore area is currently 1/3 developed land and 2/3 undeveloped agricultural land. This land does not have adequate topographic relief to provide good surface drainage that would allow reasonable construction of new subdivisions with on-site storm water management facilities. The City Planning and Public Works Departments are recommending a regional storm water management facility that would alleviate the drainage and on-site facility problems currently' being encountered with new subdivisions, and as expected with future subdivision development in this area. Also, it is desirable for the City to own and maintain and single storm water management facility instead of several smaller facilities. MMS Consultants, Inc. was hired by the City to study the south sycamore area and to date has completed a regional drainage study and the preliminary design phase of the regional storm water project. Ed Brinton 0VIMS) and Lon Drake CtJI) will be on hand at the work session and will give a short project presentation and answer questions. CC. Chuck Schmadeke, PW Director Rick Fosse, City Engineer Ed Brinton, MMS Consultants, Inc. c:~'nsofficc\winword~projccts~southsyc~mem_O206.doc I ! ! ! / 'aA1B I I I I / I I ! I ! I I I ! 7 .© El ~0 49 kl~ "O ,(...) O~ O~ 2 (1) 0 q~ f./) [~lH %0 ..(1) 0(1) *040 0:..1 0~ 4-> 0 -H -H ~ 0 O~ .H -H O~ 0 0 0 · H ~ ~ ~ 0 ~ 0 0 ~ 0 0 ~ ~ N 0 ~ 0 o H 0 t~> ~)0 o> ~0 (dO 0 rj 0 U 4J -H -H 0~$ · ,4 ~ · H 'H -H 0 ki o 0 .L) ~0 ~-~0~ o~ 1.4c~O O~ (D 0 0 0~ --I ?: 0 0 0 L) 0 0 E~OOD .IJ '1'"1 0 · H (1) 0 · H 0 o 0 0 -~1 0 fi) 0 O'-d~ 0 03 0 · ,-I -IJ (0 .H 0 O(]JJj 0 H 0 .,, ~ ~L) 'H 0 ~ 0 O~ '~OO 0 0 (D 0 ~ (~ O.~ o ~: 0 ~-,-I (DO 0 O ~ 0 ~Oh 0~ ~ ~0 ~0~ m ~ ~0 00.H ~0 ~0 O~ ~ O~ ~ ~ ~ ~o O ~ · .~ ~ 0 -~,~COTT BLVD. ! ! / / / / / / / / / (Lsngenberg) t ~ADDITION I i i ' I I I ,; L__ 0o o u~ 0 ua o O-H 0 ~oo ,-00~ ~) O-H 0~ 0o .H o .d >~ Od ,--4 0 -d ~o ..... I , · zu.. O ZI.L [,4 '~ ® o ~o~ C)?: 0 ~ fd · ~(1) 0D m 0 mO~ -~0 0~ 0,-4 ~I .H //[ II I I ILl I- :/_ ¢ N3~3S ~NOIS (]3SOdO~d / w 0 0 Z nz , · D oo UJ ~o ,-t 0 -r4 · ~ 0 8° O(Dd 0 0 j~(DO o~ ~ 0 ~00~ ~0~ 0 I, ..J 8 CL ! ,\ \\. % % % / / / . / 1 / / 0 c~ cq P. d- 0 0 oo O II ~ co LIJ OLd C~LJJ CO 0 II 0 Z z z 133~15 3WOFIVDAS (l]91no 'X3 31) gt~'gg9=-13 CL+gL 3NI] ),.ia3dOkld HIQDS SNJ .VO o o 0 o + :FO 'k'i~ 9 sY~/,~,v'~l~ glrr"~ T ~__E ~ > ~ I II City Soccer Fields IOWA CITY WASTEWAIER TREATMENT PLANT d 0 0 0 ,F N ~d 0 0 0 uGO 0 (1) > o M OGD 00~ 0000 0 0000 0 000 000 0000000000 0 0 O000000000 0 ~ ~0000~0~0 g o W i- > ~rd~ O~g O d 4J~ 0 4~ ~0 d~ 0 ~ P~ 0 0 d O o~O H 0 ~d O ~ OOd 0-,-4 O~qO O0 OHO ~~o o ~o ~ o~ ~-d ~ 0 0 ~d ~-d 0 ~ ~ d 0 0 0 II II II -----I I I I I I I I II II II II lULl1 SYCAMORE 6'TRL=ET / ! I I I I / ! II I I II I I r--I D 0-,-I 0 P~ r--I OJnl~ -,did 0 m ~ ~ 0· ~dO 0 u-~ ~ ~ ~ ~ ~ o . ~0~ ~o H O0 ~ .. ~ 0 ~o .H o~ o d ~ ~ ¢10(1) .- (]) · ,-q 0 · -u o3 (]) D ~o~ ~ ~ 0 .HO~.- mOU~ 0 ~0~ ¢~Od ~ ~ 0 Oh~ d O~ hO~O~ hO 0 0 0 0 0 0 ~0 OX O0 ~o~ -,-4 0 O ~0 o ~2oF o~ ~000 CITY OF I0 WA CITY January 31, 1997 Iowa City Kickers Members c/o Tom DePrenger, President 1935 Hafor Circle Iowa City, IA 52246 Dear Kickers Members: Your representatives who attended the City Council meeting will surely report to you that the City Council thanked you for your donation to Iowa City's soccer park. Council members knew that your organization had promised to contribute, but we had no idea of how very talented you are in raising funds. It was my privilege to actually accept the impressive $40,000 check. There are very few Council opportunities to handle large checks, so we all had to touch this one. Your Mayor and City Council are very pleased to accept your generous contributions to the new soccer fields. Thank you again. Sincerely, Naomi J. Novick Mayor lw/kickers.nn/~1oc 410 EAST WASHINGTON STkEET · IOWA CITY, IOWA 52240-1826 · (319) 356-~000 · FAX (319) 3f6-$009 City of Iowa City MEMORANDUM Date: To: From: Re: February 6, 1997 City Council City Manager Update on Business Contact Information Of the 1450 request letters mailed, approximately 850 completed letters of emergency contacts were returned. Another approximately 100 letters came back as undeliverable (some businesses moved to new locations, or to Coralville or went out of business). We have also received a few requests from businesses that did not receive a letter in the original mailing. We will continue to follow-up. We will use CSO's to check locations where letters came back as undeliverable. $$0 City of Iowa City MEMORANDUM Date: To: From: Re: January 28, 1997 City Council City Manager Phone Call from Don Slothower Don called me on Tuesday morning to offer his thanks to the City snowplowing crews, our engineering staff, and the City Council for all of the "good works" which have occurred on Slothower Road over the last several months. He was particularly complimentary of the snow removal as well the work of Dan Scott, Rick Fosse, and other engineering staff involved in the construction project associated with landfill. I promised him I would pass the word along to you, . he said he did not want to write a letter, he wasn't very good at that. Irn~sa1-28.wp5 City of Iowa City MEMORANDUM Date: February6, 1997 To: Mayor and City Council From: Stephen J. Atkins, City Manager Re: Charitable Contributions At your request I have contacted the Univemity of Iowa and United Way regarding questions raised at your previous meeting. Attached is the current "Fund Solicitation Policy" for the University of Iowa as well as the list of agencies receiving non-designated funds through the United Way Citizen Review Process. Council deferred indefinitely a resolution establishing a policy for the city. Please' advise me on how you'd like to proceed. bc4-4SA.rnmo VI. BUILDINGS AND CAMPUS FACILITIES 60.070 FUND SOLICITATION POLICY. (Regents 9/11-12/69) This policy shall apply only to on-campus solicitations of money or goods by organizations that are neither offidally recognized by nor affiliated with this Univer- sity. Within the meaning of this policy, officially recog- nized organizations are organizations registered according to the provisions of the Code of Student Life dealing with "recognition of Student Organizations." Organizations affiliated with this University are organi- zations like, for example, The University of Iowa Chapter of the A, AUP which (1) registers its purposes and officers' names with the Vice President for Finance and University Services, and (2) is a formal association with a membership which is at least ninety percent University faculty, staff and/or students, and (3) is oriented towards and seeks to work within the Univer- sity community for some main objective other than the raising of money or goods for charitable purposes. This policy does not apply to off-campus solidtations of University staff, to solicitations on campus by United States mail or to on-campus solicitations by organiza- tions recognized by or affiliated with the University when they are acting within the scope of their organiza- tional purposes. As used hereafter the term "organization" shall refer only to such non-recognized.and non-affiliated organiza- tions. (a) No organization may solicit money or goods on campus without prior permission from the Vice President for Finance and University Services. (b) Such permission shall be granted an organization by the Vice President for Finance and University Services unless it is found that the requesting organization (1) is engaged in fraud or a solicitation that violates state, federal, or local laws, or (2) is not a bona fide charitable organization. (c) Organizational solicitations approved pursuant to section Co) may be conducted only in the following manlier: (1) The organization will deliver to the appropriate University official all pledge cards and printed explanatory materials that it desires distributed to the members of the University community. (2) One period during the year shaU be designated as the exclusive time during which such solicitations may be conducted. (3) Within the above period there shall be, at University expense, a single unified distribution through campus mail of the solicitation materials furnished by all the organizations granted permission to solicit pursuant to sections (a) and CO) above. (4) At the written request of any University staff member, the University shall deduct from his or her salary, as permitted by sections 79.14 and 79.15 of the Iowa Code, and according to rules and limitations.specified by Personnel Services, particular amounts to be paid over to the local United Fund and/or other qualifying charitable organizations (see Section 20.071(g)) which shall have made such a solicitation pursuant to the above procedure. Otherwise, staff may respond to any on-campus solicitation which shall have followed the above procedure by sending their contributions or pledges directly to the solicit- ing organization. (5) In addition to the means of solicitation specified in subsections (1)-(4) above, the University Mailing Service may be made available on a cost basis, and not more often than once per annum, to any organization whose application is approved by the Associate Vice President for Finance and University Services according to the procedures specified in section (b). In such cases University staff may respond to such an on-campus solicitation only be sending theft contn'butions or pledges directly to the solicit- ing organizations. All other modes of on-c .amp..us solicitation by organizations covered by this policy, inducting personal solicitations, are prohibited. Responsible Organizations: State Board of Regents; Office of the Vice President for Finance and University Services AMEND 60.070 OF THE OPERATIONS MANUAl, AS FOLLOWS: 1. New section Notwithstanding section (c~aboye, on camt~.solicitation of university ..ntt ~ t I~ . employees in the workplace ~pe~gi~¢(genefit a federation of local (community or county-based) health, education and human services agencies with whom the University has affiliation by virtue of.~)of the following: i) agencies are used as sites for placement of students for clinical experiences; ii) university students, faculty, or staff are significant recipients of the agencies' services; iii) university students, faculty, or staff serve in leadership roles for the agencies as board members.. To be eligible to solicit university employees under this policy, the federation must spend a minimum of 80% of collected funds in Johnson and surrounding counties; and a policy to determine the manner of on-campus solicitation shall be developed by the Vice President for Finance and University Services. The provisions of c(2) and c(4) will apply to any solicitation conducted pursuant to'this section. 2. Delete "including personal solicitations," frorn last sentence of 6(5) United Way of Johnson County Agencies Primary Agencies (Agencies which receive non-designated funds through the Citizen Review Process) American Heart Association-Johnson County Unit American Red Cross Association for Retarded Citizens (ARC) of Johnson County Big Brothers/Big Sisters Crisis Center Dental Services for Indigent Children Domestic Violence Intervention Program (DVIP) Elderly Services Agency Emergency Housing Project, Inc. 4C's Community Coordinated Child Care Goodwill Industries of Southeast Iowa Greater Iowa City Housing Fellowship Hawkeye Area Community Action Program (HACAP) Head Start Pre-Schooi Handicare, Inc. Hillcrest Family Services Iowa Center for AIDS Resources and Education (ICARE) Iowa City Free Medical Clinic Legal Services Lutheran Social Service Mayor's Youth Employment Program Mid-Eastern Council on Chemical Abuse (MECCA) Mid-Eastern Iowa Community Mental Health Center Neighborhood Centers of Johnson County Rape Victim Advocacy Program (RYAP) School Children's Aid Special Care Dental Services United Action For Youth Visiting Nurse Association Youth Homes, Inc. Designated Only Agencies (Agencies which receive money only if you designate them on your pledge card.) Alliance for the Mentally 111 of Johnson County Boy Scouts of America, Hawkeye Area Council The Compassionate Friends, Inc. Evert Conner Rights and Resources Center for Independent Living Free Lunch Program Children and Families of Iowa Iowa City Hospice Lekotek LIFE Skills, Inc. Mississippi Valley Girl Scout Council, Inc. City of Iowa City MEMORANDUM Date: February 7, 1997 To: The Honorable Mayor Naomi N. Novick and Members of the City Council From: Dennis Mitchell, Assistant City Attorney Re: Proposed Policy for Payroll Deduction by Charitable Organizations I am writing this memo to address some of the concerns that were raised regarding the proposed policy. Generally, "a speaker must seek access to public property or to private property dedicated to public use to evoke First Amendment concerns." Cornelius v. NAACP Legal Defense and Educational Fund, 473 U.S. 788, 801 (1985). In addition, "'the First Amendment does not guarantee access to property simply because it is owned or controlled by the government.'" Id._.~. (quoting United States Postal Service v. Council of Greenburgh Civic Assns., 453 U.S. 114, 130 (1981)). The extent to which the .government can control access depends upon the nature of the forum. Id.~. at 800. The Supreme Court has identified three types of fora: "the traditional public forum, the public forum created by government designation, and the nonpublic forum." Cornelius, 473 U.S. at 802. The Supreme Court held in Cornelius that a government workplace is a nonpublic forum. Id_.~. at 806. In a nonpublic forum, the government violates the First Amendment only when it denies a speaker access to suppress their point of view or the restrictions are otherwise unreasonable. Id_. I should also point out that in Cornelius the Supreme Court specifically approved a restriction that the charitable organization must not seek to influence the outcomes of elections or the determination of public policy through political activity or advocacy, lobbying, or litigation on behalf of parties other than themselves. Id._,. at 806-09. The Supreme Court noted: [T]he President could reasonably conclude that a dollar directly spent on providing food or shelter to the needy is more beneficial than a dollar spent on litigation that might or might not result in aid to the needy. Moreover, avoiding the appearance of political favoritism is a valid justification for limiting speech in a nonpublic forum. id_. at 809. If you have any further questions about the policy, please feel free to give me a call. I have attached a 1995 memo by Anne Burnside .which more thoroughly expains the issues involved. CC; Linda Woito, City Attorney Stephen Atkins, City Manager City of Iowa City MEMORANDUM Date: To: From: Re: September 18, 1995 Linda Woito, City Attorney Stephen Arkins, City Manager Anne Burnside, Assistant City Attorney Payroll Deductions/Charitable Donations Iowa City has historically been an active participant in the local United Way campaign. Last year, this office had reason to examine the extent of that involvement and determined that it was inappropriate for the City to expend public funds for the private purpose of charitable fundraising. Accordingly, the City revamped its United Way participation and at present the City's involvement is limited to permitting City employees to make donations to United Way programs through payroll deductions. Recently, Iowa Shares, "a federation of 22 organizations working to improve the quality of life for all Iowans", requested access to the City's payroll deduction program.' The request was denied. Iowa Shares claims a First Amendment right to access to the payroll deduction system. I have researched the extent to which the First Amendment may control this issue, and I present a summary of my research as well as some proposed guidelines. First Amendment. The right to solicit charitable donations has been recognized by the courts as an issue of free speech for about a decade. "Solicitation (of charitable donations) is protected speech". Cornelius v. NAACP Leaal Defense and Education Fund., 473 U.S. 788, 105 S. Ct. 439 (1985). The Court went on to find that a work place is a nonpublic' forum. The government employer may formulate viewpoint-neutral, reasonable restrictions to access to that forum. These guidelines need not be the most reasonable or the least restrictive: they must simply be reasonable. Numerous federal circuit courts decided cases on these issues in the years following Cornelius. See, e.g. Black United Fund of New Jersey v. Kean, 593 F. Supp. 1567 (D.N.J. 1984), rev'd on other c~rounds, 763 F.2d 156 (3d. Cir. 1985) (Once a state has allowed one charitable organization to solicit employees, it cannot deny access to other organizations arbitrarily without establishing standards and criteria. The employer must develop reasonable and flexible criteria which can be used to determine which groups to include in its campaign. A government entity can restrict a charitable campaign in order to minimize disruption in the work place and to ensure success of the campaign, but the criteria must be reasonable, and cannot amount to a specific finding naming the United Way as the most qualified entity to be allowed access.) For our purposes, the most important case after Cornelius is United Black Community Fund Inc. v. City of St. Louis, Missouri, 613 F. Supp. 739 (E.D. Mo. 1985), aff'd 800 F.2d 758 (8th Cir. 1986). This case comes from the Eighth Circuit and is thus controlling law for our jurisdiction. Moreover, the case presents facts rather analogous to Iowa Shares demand for access to Iowa City's payroll deduction process. St. Louis had in place a regulation governing payroll deductions.for City employees. The regulation provided that a charitable organization was eligible to receive funds from City employees' payroll deductions if the organization's administrative and fund-raising expenses did not exceed 25% of gross contributions. The plaintiff, UBCF, challenged that regulation on First Amendment grounds. The court first examined the nature of the forum which the payroll deduction system creates and found it to be a nonpublic forum: "public property which is not by tradition or designation a forum for public communication". Id. at 742. The government has power to preserve the property under its control for the use to which it is lawfully dedicated. Therefore, the city-employer may set up reasonable time, place and manner restrictions, and may reserve the forum for its intended purposes provided that the regulation of speech is reasonable and not an effort to suppress expression merely because public officials oppose the speaker's view. The court went on to apply these standards to St. Louis' 25% limitation on fundraising and administrative costs. The court noted that "the clear purpose of such a limitation is to insure that those charities participating in the City payroll. deduction plan are using at least 75% of their funds to provide services to their constituency. Such a limitation is clearly reasonable, in that the purpose and function of a charity is to provide services to those whom it seeks to aid." Id. at 744. The 25% limitation does not suppress any viewpoint of a speaker: it impacts evenly on the entire category or type of charity. Finally, the Court found that the 25% limitation did not violate the First Amendment by vesting unbridled discretion in an administrative officer, but said the limitation gives clear guidelines that administrative and fund-raising costs may not exceed 25%. Id. at 745. To conclude, both the United States Supreme Court and the Eighth Circuit Court of Appeals have held that a city's employee payroll deduction system for charitable donations is a nonpublic forum. A city has a legitimate interest in minimizing disruption in the work place and can regulate access to its payroll deduction system to that end. The regulations must be viewpoint neutral; the regulation must be reasonably related to support the goal of the regulation; the regulation may not vest unbridled discretion in an administrative officer. Permitted regulations. Courts have upheld regulations which limited payroll deductions to Organizations which: * contribute directly to the health and welfare of citizens. Cornelius. have administrative and fund-raising expenses which do not exceed 25%. UBCF v. St. Louis. maintained at least 1,500 contributions per year, made public disclosure of the percentage of funds used on administrative and fundraising costs. Pilsen Nei(~hbors Community Council. The cases also make clear that Iowa City should articulate some guidelines which it will apply to all organizations seeking access to the employee payroll deduction system. It is not permitted to accept only United Way. However, it also is not necessary to accept all applicants. The guidelines must be reasonable and viewpoint neutral, and must avoid arbitrary application. If you have additional questions about these matters, please let me know. City of Iowa City MEMORANDUM Date: February 7, 1997 To: The Honorable Mayor Naomi J. Novick and Members of the City Council From: Linda Newman Woito, City Attomey Eleanor M. Dilkes, Assistant City Attorney Re~ Billing Adjustments: Review of Prior Practices and Recommendations for New Proce- dures; Recommendation for Waiver of Un-billed Solid Waste Services Background: Issues In the Spring of 1996 the City embarked on a new curbside recycling program, which resulted in the City's discovery that a number of residential households were being billed for only one unit even though the City had provided solid waste/recycling collection services for two and three-unit dwellings. The periods of time for this "failure to bill" varied from several months to several years. After this discovery, the City attempted to correct the "failure to bill" by written requests for the customer to pay 50% of the cost of services provided, but not billed for (some- times referred to as "backbilling"), in accordance with the Utility Billing Adjustment Policy. The City Council then asked that the City's policy on billing errors be reviewed. City staff and the City Attorney's Office have reviewed written and verbal challenges to our current policy and are now ready to report back to the City Council.. Because of some delays due to other pressing matters, the Finance Department has recently sent letters to customers, explaining that the City will stop collection attempts on these "failure to bill disputes" until the City Attorney's report goes to the City Council and the City Council has had a chance to review the report. Background: Current Policy The policy now in place was established by the prior City Attorney, and has been informally ap- proved, from time to time, by prior City Councils. The wdtten policy(see attached) provides for a uniform way to adjust for City utility billings which are later discovered to be inaccurate. The inaccuracies generally fall into the following categories: 1) over-billing or under-billing due to a faulty meter; 2) under-billing (failure to bill) as a result of insufficient information (e.g. billing for single-family dwelling when service is actually provided for two or three-unit dwelling). Prior to the inaccuracies discovered in the Spring of 1996, the Treasury Division did not cross-check utility billing account information with records available in the rental files of Housing and Inspection Services Department. In response to a letter from Finance concerning potential back-billing for refuse and recycling, several citizens stated they were not aware that refuse and recycling were calculated on a "per dwelling unit" basis and/or that they believe the failure to bill was the City's error B and therefore the City should absorb the lost revenue -- as any other business would do. Section 3-4-5 of the City Code does provide that charges for solid waste and recycling will be charged on a "per dwelling unit" basis ($8.75 minimum for solid waste; $2.80 recycling.) 2 Generally speaking, the "over-billing for faulty meter" problem creates little controversy, because the City usually refunds 100% of the over-billing m but only for five years prior to the time the City had "notice" of the faulty meter. In one case we litigated recently, the City lost at trial and we were ordered to refund 100% for an over-billing for eleven years. The Court found that since the City Council had not formally adopted the current policy, the policy had no weight whatsoever. Also, the Court required the City to pay interest on the refunds due from the date of the overcharges m rather than from a date 6 months after the last item on the account as provided for in Section 535.2 of the Iowa Code. Findings and recommendations Based on a legal review and meetings with various City staff, we present our findings and our joint "Finance/City Attorney recommendations": There is no uniformity in municipal utility procedures for billing adjustments in the State of Iowa. Research completed by the Finance Department, Treasury Division has now revealed there are _+200 addresses which.were (as of Fall 1996) receiving solid waste/recycling collection services, but not being billed for those services. This Office recommends that the Council waive collection of those unbilled services, so we can start with a "clean slate." For example, any under-billing of solid waste/recycling collection discovered by the City on or before a certain date (say December 31, 1997) will be waived. From January 1, 1998 on, the new adjustment policy would take effect. 3. Ordinance Clarifications Iowa City's billing adjustment rules should be enacted by ordinance. (Right now they are in "written policy form," see attached.) The following basic provisions are recommended to be included in an ordinance (to be eventually drafted by US): A billing adjustment will be made when an investigation reveals that an account holder was incorrectly billed for water, sewer, solid waste or recycling service for the period of adjustment. ii. "Period of adjustment" shall be defined as follows: "Any billing adjust- ment on an account shall be for the entire pedod of inaccuracy on that account, or five years prior to the date the error was discovered and cor- rected, whichever is the lesser period." The "Director" (defined in the Code as the City Manager or designee) shall make rules governing the determination of the period of inaccuracy. iii. Rates. The calculation of any overcharge or undercharge shall be based on the rates that were in effect at the time of the incorrect billing(s). iv. Overcharges. When an account holder has been overcharged for servic- es rendered, 100% of the overcharge for the applicable period of adjust- ment shall be refunded or credited, without interest, to the account hold- er, Undercharges. When an account holder has been undercharged for services rendered the account holder will be billed 50% of the total amount undercharged for the applicable period of adjustment, and no interest will be added to the charge. vi. Interest. No interest shall run in favor of the City on undercharges, and no interest shall run in favor of the account holder on overcharges. vii. Establishment of Account; Written Agreement. Section 14-3A-5 of the City Code should be amended to provide that the written agreement between the account holder and the City executed at the time the ac- count is established shall include an agreement with respect to the fol- lowing: 1) the procedure and rules, as noted above, governing billing adjustments; 2) inclusion of the City Code provision which allows an account holder to have its water meter tested at the customer's expense if the meter is found to be recording accurately, but at the City's expense if the meter is found to be recording inaccurately; and 4) the City's right to inspect water meters and sump pump drainage, including those locat- ed within private dwellings and non-common areas of buildings. 4. Administrative clarifications; Any letter to an account holder (customer) who has been underbilled and from whom the City seeks to recover previously unbilled amounts will clarify that the account holder is not responsible for unbilled amounts accrued at the account holder's address prior to the account holder's occupancy. For example, if Y buys a house and moves in on August 1, 1997, and we subsequently discover on October 1, 1997 that the property has been under-billed for three years, the period of adjustment for Y will be three months, not three years. The service agreement card needs to be updated/rewritten' to include those items required by the proposed ordinance (see paragraph 3(a)(vii) of this memo.) Records should be maintained by Finance for a period of five years, with the exception that the service agreement cards should be retained by Finance for a period of ten years after the termination of the account. A copy of the final bill must be sent to the landlord as well as the tenant. This change will arguably help landlords protect their interest if a tenant leaves town with a large utility bill, and then the landlord gets notice from the City after the landlord has released the tenant's damage deposit (as per State law) to the tenant. Although we currently send delinquent notices to the landlord (since the landlord may become the obligated party because of the property tax lien), we discovered in our review that the final bill was not being sent to the landlord. This procedure should change. We will be available to discuss this with you at the City Council's work session on Monday, February 10, 1997.1f you accept staff recommendations we can proceed to have Finance make the administrative changes immediately, and we can begin drafting an ordinance setting forth a "city utility billing adjustment policy." We will forward a draft ordinance to the interested parties as requested. 4 CC; Steve Atkins, City Manager Don Yucuis, Finance Director Dianna Furman, Customer Service Manager Inw/backbill.wp5 UTILITY BILLING ADJUSTMENT POLICY OBJECTIVE ~' :3::', .~t~l~t¥ b~iilng defines charges :c a customer ;user) for water, sewer and/or solid waste serwce(s) per 1o~va C~¥ Codes 33 10~., Billing adjustments shall be necessary ~vhen an investigation proves a customer was incorrectly billed for any of these three utility services. These adjustments shall be appropriate whether the billing adjustment is a credit or charge to the customer. The following will specify the situations that require adjusted billings and will set forth the policy for such billings. CAVEAT - This policy does not have the force and effect of law, and shall be used to assure internal office consistency. PERIOD OF ADJUSTMENTS Any billing adjustment shall be for the entire period of inaccuracy or up to five years from the date the error was discovered, whichever is the lesser period. OVERCHARGES - The total amount of overcharge for the applicable period of adjustment shall be refunded or credited to the customer. UNDERCHARGES - The customer shall be billed one-half of the total amount undercharged for the applicable period of adjustment. WRONG SIZE METER Water meters vary in size from 5/8" to 6". The monthly minimum charge for water service is based on the size of the meter. (Such is defined in the Schedule of Fees, Iowa City Code Chapter 32.1-73.) The size of the meter is recorded on the customer's account (computer) and the Water Plant meter cards. When it is discovered a customer has been billed incorrectly because of an error in the meter size code shown on the account record, the customer shall be advised of the necessary billing adjustment and shall receive an itemization of what was billed, what should have been billed, and the correction required, whether it be a credit or charge to the customer. If the rates have changed since the correction period, the adjustment calculation will be based on the rates that were in effect at the time of the incorrect billing(s). INCORRECT NUMBER OF DIGITS Problem: A water meter could have from six to nine digits to record water consumption, based on the meter size required to service the customer. If the wrong number of digits for the water meter is listed on the account, the total consumption billed a customer would be incorrect (six digits versus seven digits would record 10 cubic feet of water versus 100 cubic feet of water, respectively). six digits seven digits eight digits nine digits 000,000 cubic feet 0,000,000 cubic feet 00,000,000 cubic feet 000,000,000 cubic feet '.]:' ~',est,,gat;c~ 5pc',~s a ;usl:orner ',vas o~lled the wrong number 3f dig~ts for water ~er',',ce..'.he customer shall be advised of the .¢,ecessar,l b~lling adjustment, shall receive .~:- :em~zat~on .:f wha,'. was billed, ,,viqa.*, should have been billed. and the correction required, wr~ether it De a credit or charge to the customer. if the rates have changed since the correction period, the adjustment calculation will be based on the rates that were in effect at the time of the incorrect billing(s). The period of adjustment shall be the total period of inaccuracy, not to exceed five years from the date the error was discovered. MIXED-UP WATER METERS Problem: Mixed-up meters result when a customer is being billed for the water and/or sewer consumption recorded on a meter not servicing the customer's property, and the water or sewer consumption serviced to the customer's property is being billed to another customer. Customers undercharged or overcharged due to the meters being mixed-up, resulting in two or more customers paying the wrong bills, shall be advised of the error and the necessary billing adjustment, shall receive an itemization of what was billed, what should have been billed, and the correction required, whether it be a credit or a charge to the customer(s). If the rates have changed since the correction period, the adjustment calculation will be based on the rates that were in effect at the time of the incorrect billing(s). The period of adjustment shall be the total period of inaccuracy, not to exceed five years from the date the error was discovered. SKIPPING WATER METERS Problem: A skipping meter registers incorrect water and/or sewer consumption due to a malfunction in the movement of the digits that display the consumption. A water meter suspected of skipping (running fast) is tested for accuracy at the Water Plant. If the meter proves faulty, the customer is advised of the problem and procedures necessary to calculate the billing adjustment. The period of adjustment shall be the total period of inaccuracy, not to exceed five years from the date the error was discovered. Such is determined by review of the customer's usage history for the account. o The average water consumption may be calculated from the customer's water consumption record. If sufficient history is not available, the customer's average usage will be based on the following information: ao the water consumption for the customer as recorded for the next six months demographic data from questionnaire (copy of questionnaire attached). The customer shall receive an itemization of what was previously billed, what should have been billed, and the adjustment billing required, whether it be an undercharge or an overcharge to the customer. If the rates have changed since the correction period, the adjustment calculation will be based on the rates that were in effect at the time of the incorrect billing(s). r. nerefore do nor. record the water consumption. When it is discovered that a customer has been billed incorrectly because of a stopped meter, the customer is advised of the problem and necessary billing adjustment. The period of adjustment shall be the total period of inaccuracy, not to exceed five years from the date the error was discovered. Such is determined by a review of the customer's usage history for the account. o The average water consumption may be calculated from the customer's water consumption record. If sufficient history is not available, the customer's average usage will be based on the following information: the water consumption for the customer as recorded for the next six months demographic data from questionnaire (same questionnaire as used for a skipping meter problem). The customer shall receive an itemization of what was previously billed, what should have been billed, and the adjusted billing. If the rates have changed since the correction period, the adjustment calculation will be based on the rates that were in effect during the time of the incorrect billing(s). CHARGES FOR SERVICES PROVIDED BUT NOT BILLED Problem: An adjusted billing is necessary when one of the City utility services was provided to a .property but was not billed to a customer, whether water; sewer, solid waste or a combination of these services. When it is discovered the City has incorrectly charged a customer for one or more of the City utility services provided to that customer, the customer shall be advised of the information justifying the change in applicable charges and the necessary billing adjustment. The customer shall receive an itemization of what was billed, what should have been billed, and the billing adjustment required, whether it be a credit or charge to the customer. If the rates have changed since the correction period, the adjustment calculation will be based on the rates that were in effect during the time of the incorrect billing(s). The period of adjustment shall be the total period of inaccuracy, not to exceed five years from the date the error was discovered. SOLID WASTE/REFUSE SERVICE Charges billed for SOLID WASTE/REFUSE services provided to a property are based on the number of dwelling units to the property. Solid waste service is provided to properties as defined in Chapter 15 of the Code of Ordinances. Generally, a residential property is considered a single family' dwelling. If the property is a rental property, the number of dwelling units should be (but not always is) recorded with the City Housing and Inspection Services. ¥*;hen it has oeen discovered that the recorded number of dwelling units is different .'.nan Those previously 0illed, the customer shall be advised of the necessary billing adjustment, shall receive an itemization of what was billed, what should have been billed, and the correction required, whether it be a credit or a charge to the customer. If the rates have changed since the correction period, the adjustment calculation will be based on the rates that were in effect at the time of the incorrect billing(s). The period of adjustment for rental properties is based on the date of record showing the number of dwelling units in the Housing and Inspection Services' files compared to the past billings and the period of time the account was in the customer's name. The Division shall adjust all previous billings, not to exceed a period of five years from the date the error was discovered. PAYMENT OF ADJUSTED BILLINGS Any customer who has received an adjusted billing that exceeds the customer's average billing has the option to discuss payment arrangements with the Customer Service Manager or designee. Arrangements for payment-in-full should not exceed one calendar year period. Att: Demographic Questionnaire December 1991 fintr ea$~,utiladj.pol CITY OF I0 WA CITY Dear Customer: Please take a minute and fill out this form. usage to this property. It will help us to accurately evaluate your water 2. 3. 4. Property address: How long have you lived here? How many people currently live here? Has this number changed in the last five years? If so, how and over what periods? Are you gone during the summer? If yes, what years and for how long? winter?. Have you had any leaking fixtures that you know of in the last five years? Was a plumber called to repair any leaks? If so, when? Plumber: Do you water your lawn? Approximately how much? 41.0 E,4, S T w.~, S H I N G TO N S T R E t: T · [Ow A CITY. I O w k S 2240 · ( 3 I 9') 3 S 6-S 00O · F A X City of Iowa City MEMORANDUM Date: February 7, 1997 To: City Council/City Manager From: Don Yucuis, Finance Director .~(~ Re: February 11, 1997 Formal City Co'bncil Consent Calendar Meeting -- Four Resolutions Included in the Included on the February 11, 1997 City Council Agenda are four resolutions pertaining to General Obligation Bond Issues. These resolutions all set public hearings on February 25, 1997 to receive public comment regarding the issuance of bonds. Resolution reallocatincl 1996 General Obli.clation (GO) bond 13receeds In March of 1996 the City issued a $6.1 million General Obligation (GO) Bond Issue to pay for water related construction projects. The spending on this bond issue is lower than expected. Three projects have been delayed until summer or fall of 1997. Approximately $1,655,000 is the approximate cost associated with the delayed projects. In order to spend down the 1996 bond proceeds, I am recommending that the purpose of 1996 GO bond issue be expanded from exclusively water related projects to include bridge, street and storm water projects. The reason for this is to avoid any arbitrage rebate calculations on this bond issue because of the delay in some of those projects. Some of the projects listed for the 1997 GO bond issue will be charged to the 1996 GO bond issue if the purpose is expanded to include bridge, street and storm water projects. This will reduce the size of the 1997 GO bond issue by $1,655,000. A water related bond issue will be presented to the City Council in the summer or fall of 1997 and those projects that were delayed will be added into that bond issue. Three resolutions 13ertainin.cl to the. issuance of GO bonds for 1997 projects. Included in the City Council packet are three resolutions pertaining to the issuance of GO bonds up to $6,475,000. Attached you will find a list of the projects pertaining to this bond issue. Although authorization to issue up to $6,475,000 of GO bonds is being requested, the actual bond issue size will be closer to $5,100,000 because of staff revisions to projects. 2 There are two resolutions for smaller amounts totalling $685,000 and $325,000. The resolution for $685,000 is for Library related costs including roof and carpet replacement and heating, ventilation, and air conditioning repairs. Staff is recommending only the roof portion ($225,000) of Library projects be undertaken at this time. The $325,000 amount is for several projects including expansion of Fire Station Number 3, renovating the City's Animal Shelter and replace- ment of portions of the Civic Center roof. Separate resolutions are needed for these projects because the State of Iowa Code would normally require a voter referendum be approved in order to sell GO bonds for these types of projects. A separate section of the State of Iowa Code allows cities of our size to issue bonds up to $700,000 per project without going requiring voter approval. Below is a summary of the resolutions: 1 2 3 Total Staff revisions Total Round up $5,465,00O $685,000 $325,000 $6,475,OOO -$1,400,450 $5,O74,55O $5,100,000 (includes allowance for bond issuance cost) Im\(~y2-6.wp5 1997 General Obligation Bond Issue G:\ CIP\ 97cipgo.xls 2/6/97 Project Description Dodge St.lACT/OId Dubuque Rd. Intersection Imp Foster Rd.-West of Dubuque Phase I thru Elks Melrose-Byington to Hawkins St Imp. 4 WillowSt.-Muscatine to Brookside 5 First Ave.-Bradford to Muscatine Foster Road Dubuque to Prairie 6 du Chien (ROW/Grading) 7 Willow Creek Trail 8 Gilbert St.-South-Storm Sewer 9 Highland Ave Storm Sewer IA Interstate RR-7th Ave to 1st 10 Ave.-Storm Sewer 11 Sandusky Storm Sewer 12 Shamrock/Peterson Storm Sewer 13 Kiwanis Park 14 Napoleon Park Renovation South Soccer Field Complex 16 Sturgis Ferry Park Development 17 Airport-Master Plan Renovations 18 City Plaza Improvements 19 Melrose Ave Bridge Civic Center Roof projects: Lobby, Fire Training & Garage and 20 Council Chambers 21 Expand Station 3 Animal Shelter-Renovate Old 22 West Wing Library-Replace Roof, carpeting 23 and HVAC Subtotal Bond Issuance Costs Grand Total Original 1997 GO Bond Issue 350,000 400,000 500,000 175,000 324,000 700,000 92,500 575,000 676,000 613,000 460,200 t80 000 300 000 200 000 115 000 296 3O7 315 000 800 000 73,000 84,000 165,000 678,250 8,072,257 57,743 8,130,000 (1,655,000) 6,475,000 Revisions (350,0O0) (400,000) 368,000 (700,000) 275,000 50,000 (190,200) (453,250) (1,400,450) Round Up to [ Adjusted 1997 GO Bond Issue 500,000 543,000 324,000 275,000 92,500 625,000 676,000 613,000 270,000 t80,000 300,000 200,000 115,000 296,307 315,000 800,000 73,000 84,000 t65,000 225,000 6,67t,807 57,743 6,729,550 (1,655,000) 5,074,550 5,100,0001 Page1 City of Iowa City MEMORANDUM Date: To: From: Re: January 30, 1997 Steve Atkins, City Manager Don Yucuis, Finance Director Reason for Sending Out Two Bills for Two Meters at the Same Address A question was raised by one of the City Council members to explain why the City cannot combine onto one bill the invoicing for a second meter and a primary meter account for the same address. Currently we send out a separate bill for each meter which includes double postage, two envelopes, two newsletters, etc. A computer request to combine a second meter bill on a primary bill so that one bill is sent out to the same address that has two meters was requested six months ago. A cost estimate from Information Services to programmatically change the processing so that one bill could be sent out was estimated at approximately 215 staff hours and a cost of $7,500. At the time I had reservations of having staff spend that amount of time to do this type of request, even though it is a worthwhile process to have done for the customer. I have analyzed the cost associated with sending out individual bills for the second meter accounts. In the past 12 months approximately 6,350 second meter bills have been processed. The cost per bill to process these excluding staff time, is approximately $.54 per bill. The approximate payback excluding staff time to have Information Services process the programming request is 2 years, which I believe is very good. I will discuss this request in more detail with Info Services staff and in all likelihood direct them to proceed with the programming change. In the interim I am requesting that the Information Services staff set up the weekly bill printing to print out a primary account and second meter account sequentially so that staff can manually combine the two bills into one envelope. This should not be a big time burden on the Treasury staff as the number of second meter bills that are processed in the winter months is substantially lower than the summer months. For example, in December there were 90 second meter bills that were processed. In total there are approximately 1,100 second meter accounts within the city. Approximately six to eight months ago I had the Information Services staff set up a special bill processing run that printed out bills with the same mailing addresses for three or more bills. Approximately 1,470 bills per month are printed in this run and staff manually sorts them to insert them into one envelope, thereby saving the cost of postage for each individual bill, envelope, newsletter, bill processing and Graphic Resources charges. The 1,470 bills are combined by address and approximately 240 envelopes are then mailed out. This takes approximately 2 to hours a week for one staff member to manually process those bills. Jw/2meters.dy City of Iowa City MEMORANDUM Date: To: From: Re: February 6, 1997 / /) ~ ~_.. City Manager and City Council / '.~~C Karin Franklin, Director, Streb Industrial Park Annexation On Thursday, February 6, I met with the Johnson County Board of Supervisors to discuss with them annexation of the 140 acres on the east side of Scott Boulevard that is currently under consideration by the City. I was invited by the Board to specifically discuss maintenance of 420th Street. We pursued this issue in the context of a conversation about ways in which the City and the County could work together to encourage this economic development project and bring industrial development opportunities to Johnson County. The Board was receptive to a partnership approach. The items we discussed included a progression of ways in which the City and the County could work together regarding 420th Street and future extension of the industrial park east to Taft Avenue. The conclusion of the discussion was that the City and the County could approach this issue in the following ways: Undertake a joint application to the Iowa Department of Transportation for the improvement of the 420th Street intersection with Highway 6. Since this property is owned by IDOT and is under the authority of Johnson County, any improvements to the intersection of 420th Street and Highway 6 will require an application on the part of the controlling authority to DOT for approval of the requested improvements. IDOT will, as part of their approval, require that the jurisdiction commit to future signalization of the intersection at such time as it is warranted. The proposal is for the County to make application to IDOT, through JCCOG Transportation Planning, with the City agreeing to the commitment to signalization in the future, whenever it is warranted. Maintenance of 420th Street by the County in the Interim between when the subdivision is platted and when 420th Street can be Improved to City standards. The proposal is that the County continue to maintain this road as a chipseal surface until the read can be improved to City standards for the 1700 foot length of the road as it abuts the industrial subdivision. Further investigation is needed into the authority of the County to embargo the road, if necessary, and how long that embargo could be in place. Since there is currently some truck traffic on the road due to the anhydrous ammonia distributor near Taft Avenue, there was some thought that limited semi-truck traffic could be accommodated. This proposal is also based on the understanding that there will be two access points to the industrial area, one directly from Scott Boulevard to streets within the subdivision and the other from Highway 6 via 420th Street to the streets internal to the subdivision, and that the City will aggressively plan for the improvement of 420th Street. 2 Discussions will be necessary with property owners to the south of 420th Street for completion of the right-of-way. With annexation of the $treb property, half the right-of- way will be in the City and half in the County. The north half will be dedicated to the City through the plat process. The south half will continue to be a public access easement over privately owned property. Because the property south of the center line of 420th Street is owned by an individual other than the Strebs and this half of the right-of-way will remain in the County in the short-term, it was suggested that discussions take place with these property owners to ascertain their interest in voluntary annexation of at least the right-of-way in question including an additional 7 feet which would be required to complete the arterial street right-of-way. Further discussions regarding the potential acquisition in fee simple of the existing 33 feet of right-of-way and an additional 7 feet to meet the City's arterial standards was also suggested. The City and the County apply jointly for a RISE project to the State. Successful RISE funding is likely to be dependent upon a specific industrial user being interested in a site in the park. Since the State monies are in place to encourage job creation, the amount of money a jurisdiction may receive is dependent upon the number of jobs created and the quality of those jobs. Therefore, speculative proposals have a lesser chance of funding. It was pointed out also that those applications which include more innovative approaches to funding, such as shared support of the local match by more than one jurisdiction, could be more successful. The County preliminarily agreed to the idea of a joint application; however, could not commit to sharing in the local match at this time. Application for a RISE project would likely be dependent upon an industrial user showing an active interest in the park. Consideration of a Tax Increment Financing District for the industrial park owned by the Strebs and potential industrial land east to Taft Avenue. A member of the Board suggested that it may be appropriate to look at a TIF district for the entire area in which industrial development is anticipated in the long run, and use some of that money to underwrite the cost of improvements to 420th Street from Highway 6 to Taft Avenue. The Board instructed their staff to draft a letter to the City Council discussing their views of this annexation and outlining areas in which the Board would be willing to work with the City on this project. We expect to receive that letter in time for the Council's February 25 meeting; tentatively this is the meeting at which the public hearing on the annexation and rezoning of the Streb property should take place. None of the discussions to date bind the City Council or the Board; they are a point to start. As the project progresses, we will need to articulate the responsibilities of the partners in an agreement. We will discuss these issues at the Council's February 24 work session. CC: Johnson County Board of Supervisors AI Streb Rick Dvorak Jeff Davdison Scott Kugler Sarah Holecek bc4-2KF,mmo City of Iowa City MEMORANDUM Date: February7, 1997 To: City Manager and City Council From: Susan Craig, Library Director Re: Agenda for February 20 and March 5, 1997. Enclosed is an agenda for the presentation to be done by the architects for the multi- purpose building project on February 20 and March 5, 1997. We are posting an agenda to enable the entire Council to attend this presentation, if you wish. The presentation and discussion will involve audience participation, and the topic will require future Council decision-making. Therefore, we must adhere to the Iowa Open Meetings Law. cc: Karin Franklin AGENDA PRESENTATION OF BUILDING CODE CONCEPTS FOR PARCEL 64-1A Joint meeting of the City Council, the Library Board and Project Focus Groups Thursday, February 20, 1997 - 4:00 to 6:00 p.m. Meeting Room A - Library Wednesday, March 5, 1997 - 4:00 to 6:00 p.m. Council Chambers Introduction by Kevin M{~nson of Neumann Monson PC. Presentation by Neumann Monson PC and Engberg Anderson Design Partnership and discussion of Multi-Purpose Building Concepts for Parcel 64-1A. TO: FROM: DATE: RE: CITY OF IOWA CITY PARKS AND RECREATION DEPARTMENT M EMOl~ D~I~{ City Manager ~ Parks and Recreation Director January 27, 1997 Oakland Cemetery/Gaulocher Property On Wednesday, January 22nd, Jim Wonick, Dennis Mitchell and I toured the 40-acre area immediately east of Oakland Cemetery (i.e. "Gaulocher property") along with Judy Slezak, great granddaughter of Christian Gaulocher. The purpose of the tour was to view the area together, provide a.perspective as to how the Gaulocher property ties in with both Oakland Cemetery and Hickory Hill Park, and to gain further input from Gaulocher heirs (represented by Mrs. Slezak) relative to cemetery expansion into the "park area". Mrs. Slezak re-confirmed her feelings that as much of the 40 acres as possible should be used for cemetery expansion, and requests that this option be explored by the cemetery design consultant when hired. Another option in which she is interested is the possibility of the cemetery being "intertwined" with park area throughout the 40 acres. She has no objection to the area being utilized as parkland until it is needed for cemetery purposes. When we get our cemetery design consultant on board, which I hope will be soon, it is my. judgment that at least 5 to 7 options for expansion will need to be explored. Obviously, the more options/ alternatives we request, the greater the cost. I will keep you posted as further developments occur. CITY OF IOWA CITY PARKS AND RECREATION DEPARTMENT MEMOl~%N DUM TO: FROM: DATE: RE: City Manager Parks and Recreation Director February 6, 1997 Plaza sweepers Weather permitting, we have arranged for two demonstrations of sweepers to possibly be utilized in city Plaza. On March 4th, a representative of the Tennant Company will demonstrate one or more of their machines. Time is tentatively set at 10:30 a.m. On March 5th, the Green Machine will be demonstrated. The time has not been established as yet. MEMORANDUM TO: FROM: Stephen Atkins, City Manager R. J. Winkelhake, Chief of Police RE: HUMAN RIGHTS COMMISSION DATE: February 7, 1997 On February 1, 1997 I made a statement that the Human Rights Commission had reviewed and approved the policies contained in the Policy Manual of the Iowa City Police Department. Yesterday I received a letter which stated that the commission had never taken formal action on the policies. The feedback I received was to improve the composition and grammar of the various statements of policy, as well as a couple of suggested changes. The changes suggested for training have been incorporated into our MATS training and are ongoing topics of training in the MATS format of training. I had no further expectations of actual meetings after receiving the input of the Commission. City of Iowa City MEMORANDUM DATE: February 6, 1997 TO: FROM: Mayor and City Council Marian K. Karr, City Clerk J~.~'~,. REVISION RE: Meeting Schedule for February and March On February 3 Council agreed to the following meeting schedule. Please note changes in February and March. Monday, February 10 - Budget Work Session - 4:00 p.m. Work Session - 7:00 p.m. Tuesday, February 11 - Formal - 7:00 p.m. Thursday, February 13 - Special Work Session/Police Policies & Procedures - 9:30 a.m. Special Formal/Executive Session (evaluation) 11:00 a.m. Tuesday, February 18 - Special Work Session/Student Senate - 7:00 p.m.+ Wednesday, February 19 - Special Work Session/Police Policies & Procedures - 7:00 p.m. Thursday, February 20 - Special Work Session/Police Policies & Procedures-10:00 a.m.++ Monday, February 24 - Work Session - 7:00 p.m. Tuesday, February 25 - Formal - 7:00 p.m. Monday, March 3 - Special Work Session - 7:00 p.m. Tuesday, March 4 - Special Formal - 7:00 p.m. Monday, March 17 - Special Work Session- 7:00 p.m. Tuesday, March 18 - Special Formal - 7:00 p.m. Wednesday, March 19' - Joint Meeting with Library Board - 5:00 to 7:00 p.m. + Meeting to be held second floor ballroom, Iowa Memorial Union. ++ Meeting to be held only if needed * Meeting tentatively set for Room A of the Public Library Please let me know when you will be out of town even if it would not affect a Council meeting. This will aid staff in scheduling special meetings and when necessary for preparing agenda/packets ahead of time for early pick-up. Reminder: Please send me information on summer plans as soon as possible so we may review the summer schedule. Thanks for your cooperation. cc: City Manager City Attorney Department Directors cclerk/schedule.doc City of Iowa City MEMORANDUM Date: February 6, 1997 To: Mayor and City Council From: City Clerk Re: Council Work Session, January 27, 1997 - 8:40 p.m. in the Council Chambers Mayor Naomi J. Novick presiding. Council present: Novick, Baker, Kubby, Lehman, Norton, Thornberry, Vanderhoef. Staff present: Atkins, Helling, Karr, Mitchell, Franklin, Davidson, Schoon, Foss, Scott, Neumann, Fowler, Dollman. Tapes: Reel 97-13, All; 97-14, All. MOTION SETTING A PUBLIC HEARING FOR FEBRUARY 11, 1997, ON AN.ORDI- NANCE AMENDING THE ZONING CHAPTER BY DESIGNATING THE EAST COLLEGE STREET HISTORIC DISTRICT, AS A HISTORIC PRESERVATION OVERLAY ZONE, FOR PROPERTY LOCATED ALONG COLLEGE STREET BETWEEN SUMMIT STREET AND MUSCATINE AVENUE. MOTION SETTING A PUBLIC HEARING FOR FEBRUARY 11, 1997, ON AN ORDI- NANCE AMENDING THE ZONING CHAPTER BY DESIGNATING THE COLLEGE GREEN HISTORIC DISTRICT, AS A HISTORIC PRESERVATION OVERLAY ZONE, FOR PROPERTY LOCATED GENERALLY AROUND COLLEGE GREEN PARK, ALONG E. COLLEGE STREET FROM DODGE STREET TO GOVERNOR STREET, AND ALONG S. DODGE AND S. JOHNSON STREETS BETWEEN E. COLLEGE AND BURLINGTON STREETS. C. MOTION SETTING A PUBLIC HEARING FOR FEBRUARY 11, 1997, ON AN ORDI- NANCE TO VACATE GABLE STREET, LOCATED SOUTH OF LAKESIDE DRIVE. Do PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING CHAPTER BY CHANGING THE USE REGULATIONS ON A 40.7 ACRE PARCEL LOCATED ON THE NORTH SIDE OF ROHRET ROAD, EAST OF HIGHWAY 218, FROM RS-5, LOW DENSI- TY SINGLE-FAMILY RESIDENTIAL, TO OSA-8, SENSITIVE AREAS OVERLAY/MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL. (WALDEN HILLS REZ96-0020) Larry Schnittjer, representing the developer, presented information. ORDINANCE AMENDING TITLE 14, CHAPTER 6, ENTITLED "ZONING," BY CHANGING THE REGULATIONS PERTAINING TO CHILDCARE. FACILITIES. (SECOND CONSID- ERATION) F. ORDINANCE VACATING THE NORTH 12.5 FEET OF THE F STREET RIGHT-OF-WAY FOR A DISTANCE OF 75 FEET IMMEDIATELY WEST OF FIRST AVENUE. (PELSANG/VAC96-0002) (SECOND CONSIDERATION) G. MOTION TO AUTHORIZE THE MAYOR TO FORWARD A LETTER TO THE JOHNSON COUNTY BOARD OF SUPERVISORS RECOMMENDING APPROVAL OF A REQUEST TO REZONE APPROXIMATELY THREE ACRES LOCATED WITHIN FRINGE AREA A AT 4819 RAPID CREEK ROAD NE FROM COUNTY A1, RURAL, TO COUNTY RS-3, SUBURBAN RESIDENTIAL. DOWNTOWN PARKING STUDY Reel 97-13, Side 1 Assistant PCD Director Davidson and Parking and Transit Director Fowler presented information and reviewed the "Downtown Iowa City Parking Study." Council directed staff to proceed with negotiations to acquire St. Patrick's Church parking lot for construction for the next major down- town parking facility; and proceed with the five year plan to construct an additional parking facility on the north side of Iowa Avenue (UI Eastlawn Building location). Staff Action: Further discussion scheduled for February 10 (Franklin). RESIDENTIAL PARKING FACILITY IMPACT FEE Reel 97-13, Side 2 Council discussed a change to the CB-5 parking requirements to be consistent with requirements in other'multi-family zones. Council directed staff to survey area developers to obtain information regarding impact on them of an increase in the impact fee and/or an increase in parking require- ments. Staff Action: Information to be provided at Council work session of February 24 (Franklin). REGIONAL SOLID WASTE MANAGEMENT PLAN/LANDFILL MASTER PLAN Reel 97-14, Side 1 Novick deferred discussion. City Manager Atkins stated he will provide Council with a memo. COMMUNITY BUILDER PLAN (Agenda Item #8) Reel 97-14, Side 1 Economic Development Coordinator David Schoon presented information. MAGNA BANK (Agenda Item #16) Reel 97-14, Side 1 Economic Development Coordinator Schoon presented information. WYLDE GREEN SANITARY SEWER DESIGN CONTRACT Reel 97-14, Side 1 (Agenda Item #19) City Engineer Fosse, Civil Engineer Scott, and City Manager presented information. MELROSE AVENUE (Agenda Item #10) Reel 97-14, Side 1 City Engineer Fosse presented Melrose Project information. Kubby requested information regard- ing mileage reimbursement and clerical salaries. LOW INCOME ASSISTANCE PROGRAM Reel 97-14, Side 1 Novick deferred discussion of low income assistance program. 3 COUNCIL AGENDA/TIME Reel 97-14, Side I 1. In response to Norton, Atkins explained that PIN grant monies can be used for sidewalk repairs by neighborhood associations. In response to Kubby, Atkins explained he will check with Administrative Assistant Handsaker regarding the status of the deer count. Atkins noted that committee meeting is scheduled January 30th. Kubby explained Rep. Dick Myers proposed legislation that would exempt utility bills, gas, electric and water from sales tax. Kubby said the city and citizens should support the legisla- tion. Atkins noted Finance Director Yucuis is looking into how the City bills itself. 4. Norton requested a list of legislative issues prior to the February 12th meeting. Kubby raised concerns about retired police personnel working as CSO's and thereby getting their retirement pay plus pay as a CSO. Kubby also raised concerns that hiring retired police personnel doesn't allow new people to be CSO's. Baker asked why Council is scheduled to discuss local option sales tax on February 5th. Novick explained that a majority of Council Members agreed to schedule the meeting to listen to a presentation by Don Burr, State Department of Revenue. Baker noted he will not attend the meeting. 7. (Agenda Item #15-Payroll Deduction Policy). In response to Baker, Council agreed to schedule an informal Council discussion regarding payroll deduction policy. 8. In response to Baker, Atkins stated a DARE discussion can be scheduled for informal discus- sion. (Agenda Item #4c(1) and (2) - One Eyed Jakes) In response to Vanderhoef, Assistant City Attorney Mitchell explained Mr. Porter has agreed to submit new plans and staff is recom- mending that Council defer this item to February 25. 10. Vanderhoef asked why ice skating is not allowed on Whispering Meadows. Staff will follow up. 11. Vanderhoef raised concerns that design review is now requesting assessor's records and aerial photos. Atkins said the City has an inventory of aerial photos. 12. Norton inquired about the status of Council pay raises. Novick suggested discussing Council pay raises during budget discussions. 13. Norton reported on his attendance at'the Firefighter's Memorial Reunion. 14. Novick stated she wants to attend the University of Iowa Founder's Day celebration on February 25th and asked Council to change the February 25th Council meeting time to 7:30. Council agreed to keep the 7:00 start time with Mayor Pro-tem Lehman presiding. 15. Novick announced a public forum on the development of 64-1 (A) scheduled January 29th and 30th at 2:00. The January 30th meeting will be posted (for a quorum of Council). 16, Atkins reminded Council Members the draft PCRB ordinance is in their packet and that he is doubtful they will be ready to hold a public hearing on February 1 lth. Meeting adjourned 11:35 p.m. clerk~cc1-27,1nf City of Iowa City MEMORANDUM Date: To: From: Re: February 7, 1997 Mayor and City Council City Clerk Council Work Session, February 3, 1997 - 7:12 p.m. in the Council Chambers Mayor Naomi J. Novick presiding. Council present: Novick, Kubby, Lehman, Norton, Thornberry. Baker and Vanderhoef 7:30 p.m. Staff present: ^tkins, Helling, Karr, Trueblood, O'Neil, Shank, Yucuis, Craig, Kopping. Tapes: Reel 97-22, All; 97-23, All. COUNCIL MEETING SCHEDULE Reel 97-22, Side 1 Council agreed to the following meeting schedule: February 13, Thursday, 10:00 a.m. February 19, Wednesday, 7:00 p.m. February 20, Thursday, 10:00 a.m. (if needed) (See revised schedule item #1, council time) BOARDS AND COMMISSIONS BUDGET PRESENTATIONS Reel 97-22, Side 1 Following Boards and Commissions presented information: LIBRARY BOARD OF TRUSTEES: Charles Traw and Susan Craig AIRPORT COMMISSION: Howard Horan HUMAN RIGHTS COMMISSION: Pat Harvey, Diane Martin, Heather Shank. In response to Kubby, Human Rights Director Shank stated she will update and provide to Council a chart comparing staffing levels with other communities. HERITAGE TREES: Kate Klaus Heritage Tree representative Kate Klaus presented a $12,000 budget request. PARKS AND RECREATION COMMISSION: Matt Pacha and Terry Trueblood SENIOR CENTER COMMISSION: Terri Miller and Linda Kopping CONVENTION VlSlTOR'S BUREAU: Wendy Ford, Brad Kraut, and Fran Jensen IOWA CITY JAZZ FESTIVAL: Mark Ginsberg Council confirmed $5,000 allocation to the Iowa City Jazz Festival. ARTS FESTIVAL: Diane Sulk Council confirmed $5,000 allocation to the Arts Fest. MONDAY FORUM: Jim Clayton, Victoria Gilpen, and Mark Ginsberg HOSPICE/IOWA CITY ROAD RACES: Peg Fraser COUNCIL TIME 1. Reel 97-23, Side2 Council agreed to change the meeting schedule as follows: February 10, 5:00 p.m. Budget Work Session February 13, 9:30 a,m. Work Session, 11:00 a.m. (Executive Session/Personnel Issues) February 19, 7:00 p.m. Work Session February 20, 10:00 a.m. Work Session (only if needed) Kubby requested Eric Shaw crime scene photos. Staff will follow up. In response to Kubby, Council directed the City Manager to ask County Attorney Patrick White for the complete DCI report. Norton inquired about the police staffing request from the Monday Forum. City Manager Atkins explained he is preparing a list of all budget items relating to the downtown. Council noted the following meetings: February 27, 9:00 a.m., City of Iowa City Employee Awards, Recreation Center April 24, 7:00 p.m., Room A Iowa City Public Library - Forum on the University Commu- nity partnership/drinking problems. February 18, 6:30 p.m. (optional social half hour) 7:00 joint meeting University of Iowa Student Senate Meeting adjoumed 10:30 p.m. clerk~cc2-3,1nf City of Iowa City MEMORANDUM Date: To: From: Re: February 7, 1997 Steve' Atkins, City Manager Rick Fosse, City Engineer ~ Melrose Avenue Cross Sections In response to Council's questions at the January 27 work session, NNW has prepared the attached cross sections of Melrose Avenue. One point of interest for the Council was the area along the tennis courts. Please note that a planting grate has been provided along the fence that will allow the University to plant vines throughout this block. If you or the Council have additional questions, we will be glad to address them. cc: Chuck Schmadeke Denny Gannon F~ ooz U.IZ February 7, 1997 Mr. Dave Moore 425 Davenport Iowa City IA 52245 Dear Mr. Moore: COpy CITY OF I0 WA CITY Following is a list of the questions you asked and the information which I was able to find in response to your questions. On August.30, 1996, how many hours did officer Troy Kelsay work? In what capacity? Was he being paid overtime during the burglary investigation? Officer Kelsay worked from 12:01 a.m. to 8:00 a.m. on August 30, 1996 as his regular duty day in investigations. He worked foot patrol in the ped mall from 5:45 p.m. to 10:00 p.m. He began work in burglary investigation at 10:30 p.m. and remained on duty until 9 a.m. the'next morning as a result of the shooting. He was being paid overtime for his work in burglary investigation. o o How long had Officer Kelsay been working in burglary investigation? Officer Kelsay began his assignment in the investigation division, which would include burglary investigations among other duties, on August 29, 1996. Under what officer or officers did Kelsay do his field training, and when did field training take'place? Officer Kelsay did his field training under officers Harry Huff and Steve Fortmann beginning July 29, 1991 through approximately the end of September, 1991. In addition you asked for the name, educational background and previous residence (prior to moving to Iowa City) of a group of City Department Directors. The attached sheet provides that information. I believe this covers all of the information which you requested. Sylvia A. Mejia Personnel Administrator Att. 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1526 · (319) 356-$000 · FAX 319) 356-5009 0 0 IOWA CITY POLICE DEPARTMENT 410 EAST WASHINGTON STREET, IOWA C1TY, IOWA 52240 019) ~.v~-527'5 · FAX # 019) 356-.~49 Dr. 3erry Arganbright, Principal West High School 2901 Melrose Avenue Iowa City, IA 52246 February 1, 1997 Dear Dr. Arganbright, I had the pleasure of meeting two of your students on Saturday morning. Your students had stopped in to drop off a basket ~u .... "goodies" and a thank you card to recognize the traffic control being conducted by our officers on Melrose in front of West High on school days.. I was extremely pleased at such a thoughtful effort on the part of the Exec Board of the Student Senate. I am certain that the thought will be well received by our officers. I informed the students that we would be unable to accept the gift but would appreciate the gift being donated in our name to one of the local charit/es. The students elected to give the basket of "goodies" to the Domestic Violence Intervent/on Project and we assisted them in transporting the basket to the Project. I will share the card with our officers and make them aware of the generosity extended to our department by your representatives. It was a pleasure-to be the recipient of such a thoughtful effort by your students. On behalf of the department, please extend our thanks to the Exec Board of the Student Senate and the students of West High. This ~ certainly make those cold mornings on Melrose more palatable. Sincerely, Lt.~M.~. Johnson Iowa City Police TC! January 31, 1997 City of Iowa City Drew Shafer 410 East Washington Iowa City, IA 52240 Dear Drew: In our continuing effort to provide more variety in the programming and pricing we offer. customers will 'see a separate, optional level of service in March called the Variety Package. The Federal Communication Commission's Order (FCC 96-187) released April 26, 1996, allows TCI to create another tier of service called the Migrated Product Tier ("MPT"). The MPT, named Variety Package by TCI, may initially consist of up to four existing services migrated from current tier offerings. The MPT rate is the cumulative cost of each individual programming service being moved. Because the MPT will consist of existing services, maintain continuity in content, and be revenue neutral, the FCC does not require TCI to re-market the tier to existing expanded basic customers. Effective March 1, 1997, USA, The Disney Channel, AMC will be moved from the Expanded Basic Service Tier to the Variety Package. The monthly price for Expanded Basic Service will be reduced by $2.53 for a new rate of $12.24. The monthly charge for the Variety Package will be $2.53. The restructuring will not increase monthly bills at this time. We look forward to 1997 and our continuing commitment to bring more choice and more value to our customers. Customers will receive advance notice of the change in upcoming bills and through the newspaper. If you have any questions, please do not hesitate to call me direct at 319-351-3984. SincereIv, William Blough General Manager TCI of Eastern Iowa 546 Southgate Avenue RO. Box'4500 (Zip 52244-4500) Iowa City, Iowa 52240-4453 (319) 351-3984 Fax (319) 351-3839 January 31. 1997 Dean A. Spina Bradley & Riley, P.C. First Corporate Place 100 First Street, S.W. P.O. Box 2804 Cedar Rapids, Iowa 52406-2804 CITY OF I0 WA CITY Re: Yeggys Dear Mr. Spina: Based on some of your prior correspondence and our conversations, I am under the impression that your clients may wish to mediate this dispute. I have spoken with the City Council and some of the neighbors about this possibility. The City is willing to participate in mediation provided that your clients pay the costs of mediation. Although I have not heard from the Michaels, Nancy Skay and Juli Slaymaker have also indicated that they would be willing to participate in mediation. I believe that mediation will only be successful if the neighbors participate. Before we discuss mediation any further, however, you should know that the City will not exempt your clients from the requirements of the City's nuisance and zoning laws. If there are other issues that you believe could be mediated, then I do believe that mediation could be beneficial. Please let me know if your clients would like to engage in mediation. We should start the process as soon as possible. Very truly yours, Dennis J. Mitchell Assistant City Attorney CC: Linda Newman Woito, City Attorney The Honorable Mayor and Members of the City Council Stephen Atkins, City Manager Nancy Skay Juli Slaymaker Bruce and Susan Michael 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1526 · i319) 3~,6-5000 · FAX ~319) 356,5009 City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 City of Iowa City' CITY MANAGER CITY COUNCIL .PARKING TICKET REVIEW BOARD Today I received my Parking Ticket Review response in the mailt must say it sickened me ! On December loth I received a ticket for being too close to a stop sign. For those not familiar with this,you are to stay back 10 feet...well I was back 7 or 8 feet since I could not get back the 10 feet, and since I forgot my tape measure at home,a meter attendant came by and bcketed me.I arrived at my vehicle and thought it was a joke at first,and Sgt Lihs was walking by at the time and laughed in disbelief toot took the ticket and went to the Civic Center and filed an appeal,since I knew the system and how appeals are dealt with,and really had a good feeling that the Review Board had good sense,but was wrong] only received one other ticket in my lifetime,and since this was not a flagrant offense and I knew the law and had no intent to do this that I was accused of, I really thought I would get this dismissed.l ,being a retired Iowa City Police Officer,who in my 23 years,ticketed many for the same violation in the same location, had no intent whatsoever to break the law. Speaking of retired,I retired on a disability pension w~thout any public notice,hoopla,or anything after serving with pnde,for 23 years,the CiTy of Iowa City did not give me a coffee,a reception or whatever and in fact all I got was a form letter tellin9 me to turn in all ID and keys that belong to the City.] think it was the same one used when they fire you.t had to call the ADVERTISER and toot my own horn,so somebody would know what became of me. ! This ticket is kind of the iceing on the cake for me,since back in July or August I had a female Police Officer come to my door accusing me of Hit and Run] informed her that I used to do that same job on the same department,and in fact solved most, and would be the last one to do something like that.. As for this Ticket Review process,."been there .done that" as the saying goesl know the procedure and it's too damn bad there isn't a better way_It is a real shame it takes things like this to turn me against the City, but of all the thousands of dollars I raised in parking tickets I wrote violatom t towed,bicyclists t ticketed(which nobody has the nerve to do anymore)~ am just plain DAMN disgusted. 1 could go out almost any day and show you dozens of people in violation of this stop sign ordinance,in fact they park clear up to and beyond the crosswalks without getting a t~cket. How about street storage..Since I left the PD in 1990 they have more Officers but iess worn gets done..What's the deal? Anyway,enclosed is proof that I paid my $5.00 ticket and I ask that you make this a priority in your ticketing processnot just. a once in awhile thing. I know Bill Dollman pushes his people to write more tickets,and I happened to get one who was trying to impress him with her number of tickets for the day,but this should be a team effort by all meter attendants and the Police Department. Robert J.Stika PARKING TICKET ADMINISTRATIVE REVIEW TODAY'S DATE / g., - / C - ~g~ .~~, OUT TOP PORTION OF ~-- FRONT & BACK ' ~ / ',., PRINT CLEARLY & COMPLETELY ' .~J; "~ '-' '~f' ~017~'4 C]'T~' Name: ~c- ~~ ~'~', ~ Lice~ ~ '~, License . . _ ~ ~ __ P~te~ ~---~Y~ Plat~ ,. Address: ~ / ~ ~ ~% ~.. ~,~ ~ /~._ / /' City, State, ~ Zip Code ~~,~ ~ ~ A driver or owner of s vehicle issued a parking violation may request a~'- -eview of the parking violation by completing this form. Such request shall be completed withi- ' ~ , days' from the date' the parking ticket was issued. Failure to request and complete su-' 30 oeriod waives your oppo~uni~ for an administrative review. Such review is preset' *h a determination based on the defenses or mitigating circumstances set ~' nay dismiss any parking ticket for good cause and any fine monies - g'~ ~11 be refunded, less any unpaid parking fines then owing by ~;-' ~%~.~o~ f~ ~ ~.k~ X~ / / ~/.?' ..~"~ ' - ' ';~:~,'~~' .~ '~ '7~ ~/' .M~ %>J ........... - ' o, .p,.,. This decision . ,[~,. { ~ ......, / / U DISMISSE,~ ~ ~o;45;~¢ ?~'~ 0 DISMISSED O NOT DISMISSED Explanation: ~~ ~ ~' Admini ts r-~tive Review Panel ORIGINAL - Parking Copy I - Appellant Copy 2 -Traffic Bureau Rev. Jan. 94 ............ '~'~ ~"'~ ~ ~56-5000 FAX (319) 356-5009 416 Reno Street Iowa City, Iowa 52245 February 5, 1997 Steve Atkins, City Manager Civic Center Iowa City, Iowa 52240 Dear Mr. Atkins: At the suggestion of Marcia Klingaman, I am writing you to make it clear (as it evidently wasn't to many at Monday night's Council budget hearing) that Heritage Trees definitely does wish to be considered for funding this year, as it has been the past two years running. Over the next two years, Heritage Trees volunteers plan to undertake a survey - identification, analysis & mapping - of the urban forest in Manville Heights, including City Park and excluding University-owned lands. Following the survey, all data will be programmed for insertion in the City's data banks and a tree walk brochure produced for dissemination to the public. To do this, Heritage Trees needs a minimum of $13,000.00 in funding spread over the next 2 fiscal years. This estimate is based on the expenses incurred when Heritage Trees surveyed the Goosetown, Long- fellow & Northside neighborhoods along with Oakland Cemetery in 1994 and breaks down as follows: $9,000.00 - Professional arborist's fee $1,500.00 - Survey materials %~;~00.00 - Production of 5,000 tree walk brochures $13,000.00 - TOTAL Thank you and the Council for considering this budget request. Sincerely, Kate Franks Klaus, Project Designer Planned Parenthood® of Greater Iowa PO Box 4557 Des Moines, Iowa 50306-4557 515/280-7000 800/568-2404 FAX 515/280-9525 January 23, 1997 Ms. Naomi Novick Mayor City of Iowa City City Hall 410 East Washington Iowa City, IA 52240 Dear Mayor Novick: In recent days we have seen a number of incidents across the country involving family planning clinics. As you are aware, the Planned Parenthood of Greater Iowa (PPGI) clinic in Iowa City has been the focus of a number of protests and incidents over the years. I am writing today to let you know how much Planned Parenthood of Greater Iowa appreciates the professionalism of the Iowa City Police Department when called upon to help us handle these incidents. Your officers are quick to respond to our calls for assistance. More important, their ability to solve problems in a quite and efficient manner allows us to create a secure atmosphere for our patients and staff. I have met with Chief Winkelhake from time to time to discuss security problems that confront our clinic in Iowa City. As a former police officer and a retired federal law enforcement agent who now serves as a director of security for a family planning clirdc, I fmd your Police Department to be a professional organization in every respect -- and Chief Winkelhake a very competent professional doing a fine job. Please extend our thanks to the Police Department of Iowa City for a fine job they do every day! Sincerely, Jo . tMc_B_~FE / CPO / PPS Di~,or of Security andFacility Operations Ashfield-Plainfield Regional School District Sanderson Academy School Council REPORT of the Committee to Review the Tobacco, Alcohol and Other Substance (TAOS) Curriculum June 6, 1994 Curricula Reviewed: 'Learning to Live Drag-Free" "Health Skills for Life" ~Drug Abuse Resistance Education* (DARE) ~Here's Looking At You 2000" Note On June 16, 1994, the Sanderson Academy School Council voted unanimously to adopt and implement the recommendations contained in this report, with the additional measure that copies of the report be distributed to parents at least 30 days before the pre-DARE Parents' Forum. For further information, please call: Ann Mislak, Acting Principal Sanderson Academy Ashfield, Massachusetts 01330 413-628-4404 Dick Evans, TAOS Committee Member 490 Hill Road Ashfield, Massachusetts 01330 (H) 413-628-3358 (W) 413-586-1348 CONTENTS ACKNOWLEDGMENTS .................................. i INTRODUCTION ....................................... 1 CRITERIA ............... - ............................. 2 REVIEW AND EVALUATION ............................. 3 LEARNING TO LIVE DRUG FREE .................... 3 HEALTH SKILLS FOR LIFE .......................... 6 DRUG ABUSE RESISTANCE EDUCATION (DARE) ....... 7 HERE'S LOOKING AT YOU 2000 ..................... 16 CONCLUSIONS ........................................ 19 RECOMMENDATIONS .............. : ................... 20 FINAL OBSERVATIONS ................................. 21 FOOTNOTES ......................................... 24 TIIANKS TO Individuals Douglas Cranson, Ashfield resident Dot Lyreart, Mohawk Regional Drug-Free Schools Coordinator Peg McGuire, Ashfield resident Charlene Moffett, Mohawk Health Education Coordinator David Newell, Ashfield resident Vivian Leskes-Ward, Ashfield resident Ray Redfern, Ashfield/Plainfield DARE Officer Brian Rust, Northampton DARE Officer Jennifer Swartz, Director, Regional Resource Center Judy Sopenski, Tri-County Partnership Project Director Susan Todd, Ashfield resident Organizations American Council for Drug Education (Rockville, Maryland) American Federation of Teachers (Washington, D.C.} Boy Scouts of America (Irving, Texas) Families in Action (Atlanta, Georgia) · Girl Scouts of the USA (New York) National Congress of Parents and Teachers (Chicago, Ill.) Parents Resource Institute for Drug Education (Atlanta, Ga.) Schools Without Drugs (Washington, D.C.) Offices and Agencies Drug Enforcement Administration (Washington, D.C.) Governor's Alliance Against Drugs (Boston, Mass.) Massachusetts Department of Education (Boston, Mass.) National Clearinghouse for Alcohol and Drug Information (Rockville, Maryland) National Institute on Drug Abuse (Washington, D.C.) U.S. Department of Education (Washington, D.C.) U.S. General Accounting Office (Washington, D.C.}. INTRODUCTION This is the report of the parent/teacher/community committee appointed by the Sanderson Academy School Council in January of this year to review and evaluate Sandersoh's Tobacco Alcohol and Other Substance (TAOS) curriculum. The committee examined four TAOS curricula, three of which are currently in use at Sanderson. The committee also reviewed various materials about TAOS curricula, spoke with others, solicited and received input from Sanderson parents and Ashfield/Plainfield residents. Input came from letters and phone calls from four or five local residents. The committee is grateful to those residents, and for the courteous help and assistance it received from those who responded to our requests for assistance, including a number of federal, state and local government agencies and nonprofit organizations. The committee thanks all who are acknowledged and apologizes to those whom we overlooked. The Rrst step in reviewing and evaluating a TAOS curriculum is to identify it. Three TAOS-related curricula are currently being used at Sanderson. They are: "Health Skills For Life," "Drug Abuse Resistance Education" (DARE) and "Here's Looking At You 2000." Teachers are free to combine materials from "Here's Looking At You 2000" and "Health Skills for Life," plus whatever original or additional material they choose. Although there is no formal policy on the matter, all teachers are encouraged to include a strong TAOS component. In the fifth grade, DARE is relied on to provide TAOS education (with supplementation by teachers on the subject of tobacco.) Unlike the other curricula, the DARE program is taught by a uniformed police officer, and all teaching materials are provided by DARE. The committee looked at the course materials for those three curricula, as well as a fourth, made available by the U.S; Department of Education, called "Learning To Live Drug-Free." 2 The second step is to determine what legal constraints the school is under with regard to TAOS curricula. Are there federal or state laws that impose minimum requirements for schools.'? The short answer is no. Sanderson is free, legally, to devise and implement the best curriculum it can. If Sanderson is to remain eligible to receive funding from various grant programs, however, it must provide TAOS education. The Mohawk Regional district receives approximately $12,000~ from the federal government under the Drug-Free Schools Act of 1986,2 and around $93,000 from the state under the Comprehensive Health Education grants? For the federal money, Sanderson must provide "substance abuse prevention education." Significantly, "final decisions" on what that shall consist of are made locally.4 For the state money, the TAOS curriculum must include a tobacco component. Of course, Sanderson students deserve and require a good TAOS curriculum. Serious problems can and do arise from TAOS abuse, and, to their credit, Sanderson Academy teachers and administrators are alert to this reality. The more pertinent question is: what constitutes a good TAOS curriculum? CRITERIA To answer that question, and to provide standards with which to judge the four curricula under review, the committee developed a set of criteria: What are $anderson's goals for having a TA O$ curriculum in the first place, and how well does each curriculum under examination advance those goals? The committee believes that Sanderson's goal is to teach students to 'make responsible decisions about TAOS, recognizing plainly that for students, the responsible decision is NO. When they grow up, the question of responsibility is a lot more complicated, and it is essential that young people continue making responsible decisions. That is what education is about: preparing children for responsible adulthood. That is -- or ought to be, in the committee's opinion -- the underlying goal of Sandersoh's TAOS curriculum. Does the curriculum meet $anderson's needs? Does the curriculum accommodate staffing and scheduling constraints? Is it affordable? Is it addressed to local TAOS problems? Is it sufficiently 3 comprehensive? Is it educationally sound?s Is it manageable by teachers without being a burden? Is it implementable next year? Is it clear? As with any subject taught in school, unless a TAOS curriculum is clear, it cannot be expected to have any educational impact. The curriculum must be free of ambiguities, contradictions, "mixed messages" 'and jargon.6 It should not be confusing, either to students or their parents. Does the curriculum foster positive values and deter negative ones? A curriculum should promote personal responsibility, honesty, duty, loyalty, respect for the law and respect for other persons, and a proper respect for one's self. To the extent poSsible, it should be reliably based on proven educational principles and practices. Factually, it should be beyond reproach.7 It should be dedicated principally to the educational goal. REVIEW AND EVALUATION LEARNING TO LIVE DRUG FREE "Learning to Live Drug Free" is a "curriculum model" put out by the U.S. Department of Education. It is not currently being used at Sanderson. The committee looked at it for two reasons: f'trst, to provide a reference point from which to measure the three curricula currently at Sanderson, and, second, to give us an idea of what a mainstream, government-seal-of-approval curriculum looks like, to gauge where Sanderson stands. Goals The professed goals of this curriculum speak of ~prevention," "deterrenee," and Ukeeping youth from drugs.~s The committee agrees with those aims, but considers them insufficient. Children must say NO (thus achieving those goals), but they will not always be children, and 'just saying no" does not prepare them for later life. What happens to them then is not a concern of this curriculum. 4 Needs "Learning to Live Drug-Free" does not pretend to be comprehensive as to TAOS, and it is not. The materials for grades 4-6 consist of thirteen one-page lessons in the following subjects: Learning to Say No Drug Names Drugs and the Law Assessing Information Societal Costs Peer Pressure Helping Others Helping Others Making Decisions Assessing Information Consequences of Decisions Friendships Coping With Stress If a teacher were to base a TAOS curricula upon these lessons, a lot of extra work would be required by the teacher, for at least two reasons: (1) The teacher would need to pull together substantially more facts, visual aids, participatory activities, and all the things that makes learning interesting and fun, to supplement the meager materials provided; and (2) The teacher would need to fill some major gaps in this curriculum. For instance, no lessons are devoted to tobacco and alcohol, although both are acknowledged as "drugs."9 The lesson on "Societal Costs" (of drugs) nearly ignores both as well. There is no lesson on personal responsibility. And, it should be pointed out that out of thirteen lessons, only three or four deal directly with TAOS. According to the U.S. General Accounting Office, this curriculum "has not been tested for its effectiveness in reducing or preventing student abuse of drugs and alcohol."~° In terms of Sandersoh'S needs, the best thing that can be said about "Learning to Live Drug-Free" is that the price is right. It comes free from the federal government. 5 This curriculum uses the term "drug-free," but never says what it means by that term. Nor does it state what is a "drug," a term that can be defined to include or exclude illicit drugs, prescription medicines, over-the-counter remedies, and Coca-Cola. "Drug-free" may be a clever slogan, but it is an unnatural condition. We look around us and see drugs everywhere: not illegal drugs, necessarily, but legal drugs like alcohol, nicotine, caffeine, sleeping pills, wakeup pills, cold pills, prescription medications, inhalants and all the myriad of preparations offered at us at drug stores and supermarkets and hawked on the evening news. We call this the ubiquity of drugs: they seem to be everywhere. It is unreasonable to expect that anyone in our culture could live 'drug-free," if you apply the usual definitions of "drugs."u Students need to learn that all of these things are drugs, that they are all potentially harmful, and that heavy responsibility must be exercised concerning them. In that regard, this curriculum will be of no help, as it does not acknowledge the existenc6 of most forms of "drugs." There are some dubious statements in this curriculum· The introduction declares, ~Children in grades 4-6 need to know ... that laws about drug use and sales are designed to protect people.'n However, in materials provided by a · federal drug agency to the committee in connection with this review, it appears that "protecting people* is more of a rationale than a reason for the drug prohibition laws? The same introduction also observes, 'Drug prevention and activities in grades 4-6 should ... emphasize that most people, including the vast majority of people their own age, do not use drugs·" One might wish to believe this, but definitions of drugsTM commonly embrace the legal and ordinary drugs mentioned above. We believe it is more honest to acknowledge the ubiquity of drugs· Finally, this curriculum declares, Only by working together -- every school and every community in the nation -- can we teach our children that ['rAOS] use is dangerous, that it is not the norm 6 for youth, and that it destroys the fabric of our democratic society.is We may teach our children these things, but sooner or later they are going to grow up and learn that not all TAOS use is necessarily dangerous, they will care little about what is the norm, and they will realize that what injures the fabric of democracy is not what people choose to consume, but their failure to exercise their duties and rights as citizens. And when they do, how well equipped will they be to make responsible decisions, and how will they feel about having been misled*. Evaluation The committee does-not recommend this curriculum. HEALTH SKILLS FOR LIFE It is not necessary to say much about "Health Skills for Life," for technically it is not a TAOS curriculum as such, but rather a comprehensive health education curriculum covering a variety of health-related subjects26 These include bike safety, friendships, and body systems. Sanderson teachers and the school nurse make generous use of the collection. The only TAOS-related materials are on tobacco. This section is comprehensive and may well ser~ Sanderson teachers and students productively by providing important information in a thorough, soft-spoken way. Evaluation Not evaluated. DRUG ABUSE RESISTANCE EDUCATION (DARE) From its beginnings in the Los Angeles Unified School District in 1983, DARE has exploded to thousands of schools in fifty states and some foreign countries. It has gained enthusiastic support among educators, law enforcement agencies, students and parents. Despite UDrug Abuse" in its title, DARE is about much more than drug abuse. Out of seventeen lessons in the fifth grade, fewer than half relate directly to drugs. Most of DARE is dedicated to teaching children survival skills and defenses in a dangerous world. To its credit, DARE is seen as supplementing traditional support systems, like families and churches, to help arm young people with important skills. One lesson is devoted to "personal safety," teaching students how to resist "inappropriate touching.'~7 This past year, newspapers have reported several instances -- including one involving a girl in Pittsfield, and another in Cambridge -- where children have credited DARE with helping them thwart an improper approach by a stranger.is The committee did not look at this part of DARE, as it does not relate to TAOS, but it is the committee's impression that the non-TAOS parts of the program are valuable. Another benefit is that DARE promotes a familiarity between children and police off'lcers, and too between school staff and the police officers. This relationship can be particularly useful when episodes involving law enforcement arise, like the recent incident of vandalism at our school. Members of the committee have witnessed first hand the close rapport between students and the DARE officer, and the friendly, relaxed atmosphere of the DARE class. Members of this community also recall times before DARE came to town, when young people enjoyed a warm and familiar relationship with the local police. Police officers can be positive role models to the children. And bringing in "outsiders" on an occasional basis is useful to give a different perspective on things. Although some have questioned the propriety of police officers coming into classrooms, members of the committee recall such visits when they were in school. Usually the subject was bike safety or what to do if you got lost. There is nothing new about police coming into schools to teach survival skills. What is new about DARE is police coming into schools to teach attitudes and mental health. In its review of the DARE curriculum, the committee looked at the Officer's Guide and student workbooks, currently employed in the school. This part of the report is based on that review. We also looked at a host of reports, studies, evaluations, scholarly and not-so-scholarly articles about DARE as well as other TAOS curricula. The committee has been informed by two DARE officers that the curriculum has recently been revised, and that next year's DARE lessons will be different. The committee has attempted, through every reasonable avenue, to acquire the revised materials, but has not been able to obtain them, other than a short summary? The committee is distressed at its inability to acquire these materials. As best we can determine from the short summary, the changes consist of the elimination of one lesson, the addition of three new ones, and "minor" modifications to the others. We also note a plethora of new educational/ psychological buzzwords, like "cooperative learning" and "self.-efficacy."~° Goals Based on the materials available, we turn first to DARE's goals and compare them to our criteria. DARE's principal goal is expressed in its title': Drug Abuse Resistance Education. It is to educate children to resist drug abuse. Drug abuse is defined as "wrong use; such as, misuse of drugs."2~ No standard -- legal, moral, physical, or otherwise -- is offered to establish what is "wrong" and whose determination that is. Nor is it said what is meant by Umisuse." This goal is at some odds with our criterion of preparing kids for responsible adulthood. For one thing, DARE's is essen. tially subjective, as Udrug abuse" remains in the ey~ of the beholder, whereas the committee's criterion is objective. DARE's goal (like ~Learning to Live Drug-Free") is aimed at keeping kids off drugs, while the committee's is aimed at doing that as well as laying a foundation for later life. The latter acknowledges that children will be exposed to TAOS as'they grow older -- as they will be exposed to automobiles and dangerous tools and sex and other hazards of adulthood -- and what is important is that they act responsibly. It is unrealistic to expect any of our children not to encounter TAOS as they grow up. Needs The DARE curriculum at Sanderson, as best we can determine, is promulgated from the Los Angeles DARE headquarters, and does not take into consideration local problems, local conditions, local needs, or local concerns about what is being taught in classrooms. Parent involvement is not encouraged by DARE. Students are given workbooks, but it is suggested that they remain in school. It was explained that the reason for this is so that the workbooks will not get left at home. As with any curriculum, parents deserve to know what their children are being taught. In terms of affordability, DARE does not require out-of-pocket expenditures on the part of the school to acquire the curriculum, although monies coming to Sanderson (and other schools in the Region) under the federal DrugsFree Schools grant are used to purchase DARE paraphernalia. In addition, the police officer's salary is paid by the Town of Ashfield. Last year, Plainfield paid~_~~ help cover costs of DARE materials. ~ Perhaps the largest~pin the DARE .program, in terms of Sande~-'l~ ' needs, is that it does not include a strong alcohol and tob.acco component On alcohol, DARE is soft; but on the subject of tobacco, it is nearly silent, which the committee does not understand in light of the fact that tobacco is a leading "gateway drug,"'~ and that its dangers appear more severe than any other d'~~ "Smoking's Toll" on the next page). In Lesson 2, children are given a quiz, "What Do You Know About Drugs?" It asks questions about "downers," about medicines, about illicit drugs, about alcohol, but overlooks tobacco altogether, except to ask, true or false: "Smoking marijuana may be more harmful than smoking regular cigarettes";~ Also in Lesson 2 the officer "point[s] out that the focus of the instruction will be mainly on alcohol and marijuana because these are the drugs most used by 10 SMOKINO'S TOLL ~'.~ Smoking kills more Americans each year . - than clio from alcohol, cln~s, car acclcten'~,- murder and AIDS combined - and more than. were Idlled in World War II. THE BOSTON GLOBE · MONDAY, APRIL 11, 11 young people," despite the fact that in Lesson 9, students are told that "one in seven young persons smokes cigarettes," confirming reports of tobacco as the · leading "gateway" drug? The Glossary contains no definitions for tobacco, cigarettes, or nicotine. In short, the current DARE curriculum largely ignores the tobacco problem, and the reality that the biggest drug threat to children is tobacco smoking. We are informed that the new curriculum addresses this problem, but have not seen it. C/ar~ry Among the most troubling aspects of the DARE curriculum is that it is fraught with ambiguities. Upon close examination, which the committee attempted to give it, this curriculum is nothing if not confusing. "Right to say no." A recurrent theme of DARE, which the committee spent many hours discussing, is that students have the "right to say no" to TAOS? Some members see the "right to say no" as a catchy slogan, but a confusing and somewhat deceptive one? If a child has the "right to say no," they ask, does it not follow that he has the "right to say yes"? Clearly, he does not, certainly as to illicit drugs. Telling a child that he has the right to say no is like telling a driver he has the right to stop at a red light. More properly, in these members' opinion, children ought to be taught that they have the obligation to say no to drugs? This is something that DARE does not teach. To DARE, the decision is up to the child, a viewpoint rejected by many parents -- including members of the committee -- who feel that the decision about whether a child should use TAOS is absolutely not his, that it has been made for him, and that decision is NO. Telling a child the decision is his to make represents a subversion of parental authority, in so far as it empowers a child to make a decision of which the parent would disapprove. Conversely, other members of the committee feel that the word "obligation" in the preceding paragraph is not quite right, because the concept is not widely understood. Also, some members of the committee feel that the intention of the "right to say no" means the right to refuse drugs when pressured to try them. DARE's treatment of TAOS laws contrasts dramatically with its unambiguous treatment of traffic laws: 12 At street corners where a traffic light controls traffic, you may cross only in marked crosswalks. You must always obey traffic signals. Where signals show the words "walk," ~wait," or "don't walk," you must obey the 'special signals. It's the law.:~ Why are children not taught instead that they have a "right" to cross at the crosswalk, and that they have a "right" to obey traffic signals? Because, in our view, it would be confusing, misleading and hazardous. It is not clear why the TAOS laws are treated differently. Another problem with DARE's teaching children about their "right to say no" is that the curriculum never spells out to whom the child has a right to say no. In other words, the curriculum teaches children "resistance" skills, but not to discern between whom they should resist and whom they should not resist. This strikes us as a serious and confusing omission. Abuse. As "Learning to Live Drug-Free" never said what is meant by "drug-free," DARE never says what it means by "drug abuse;" except, as noted above, that it is the "wrong" use of something? Does that mean morally wrong? Legally wrong? Bad for your health? And who is to saf DARE avoids the issue altogether, presumably leaving it up to others to fall in the blank. While all curricula leave much up to the teacher, it strikes us that a clear clef'tuition of "abuse" (or "wrong") is owed by any curriculum which includes the word in its title. The committee believes that abuse may fairly be defined as use to the extent that it impairs personal development or achievement, or violates the rights of others. We note, too, that the DARE materials interchange the terms "use" and "abuse" as if they were synonyms. They are not, as any dictionary will demonstrate. Teachers, whether civilians or police, should not be asked to pretend otherwise. This is especially the case where, as at Sanderson, we want students to know and respect the language, and resist its further corruption. Mays, cans, coulds. Throughout the curriculum materials, one finds statements qualified by "mays" and "cans," avoiding clear, definite assertions and substituting vague, fuzzy propositions? We don°t teach children that two plus. three may be five. Likewise, we should not be teaching them that "smoking marijuana may be more harmful than smoking regular cigarettes."3: If that is the case, the curriculum should say so plainly. If not, it should say so plainly. 13 Self Esteem. One of the central tenets of 'DARE is that having high self-esteem "enables a person to think for himself or herself without being pressured to do something that he or she believes is wrong,"~ thus preventing TAOS abuse. Accordingly, self-esteem is to be "built." Apparently, however, the tenet, although widely shared with other TAOS curricula, remains a hypothesis. That there is no proof of the supposition was conceded by the Northampton DARE Officer in his presentation to the School Council in February, and conf~rmed by Judy Sopenski, Project Director of the Tri-County Partnership. USeif-esteem is not the key,' she said. "To avoid problems, kids need three things: (1) positive, caring attention, (2) clear behavioral standards, and (3) opportunities to contribute?s The committee has no learned opinion as to whether boosting self-esteem does or does not curb drug abuse, since we are neither psychologists nor drug abuse experts. From the perspective of parents, teachers, and other members of the community who care about local public education, however, we have an opinion about "self-esteem." It is that too much is being made these days about how much esteem people have for themselves, and not enough on what they did to deserve it. Esteem is a form of respect, and respect isn't handed over on demand. Respect is earned by things like carrying out one's responsibilities in good cheer, and being respectful of others, and being truthful. We agree with Lilian Katz, professor of early childhood education at the University of Illinois, who said, USeif-esteem and self-confidence don't come from being told you are great. You get them by facing challenges and mastering them through hard work and persistence?s With that in mind, consider DARE's story of Bill, whose level of self-esteem is represented by an inflated balloon under the control of the officer. (The story is summarized.) Bill gets up in morning, finds his sister occupying the bathroom, and is reprimanded by his mother for picking on the sister. Bill'$ self-esteem drops. Let air out of balloon. [It is not clear if he did or did not pick on his sister.] He's turned down for a loan from his dad because he didn't rake the leaves. Let more air out. On the way to school, he's invited to play basketball afterwards. Blow it up. At school, he is unable to produce his homework, and is warned by the teacher that failure to do it will count against _his 14 grades. Deflate. At lunch, he ignores teasing for having said no to cigarettes the previous day. Inflate. At PhysEd, he hits a home run. Inflate more. He plays basketball with his friends. More. When he gets home, he rakes the leaves and takes out trash. More. After dinner there are cake and presents. It's his birthday. Even more? Bill feels great about himself, no doubt, but his homework never gets done, and as a result his grades will suffer! The lesson appears to be that how a student feels about himself is more important than his academic work. We don't buy into this. The committee observes that despite its popularity, DARE's overall effectiveness remains unproyen,37 suggesting that confidence in self-esteem, as a pedagogical tool, may be misplaced. Stress. Another important component of the DARE curriculum is a lesson on "Managing Stress Without Taking Drugs." Stress is defined as "any strain, pressure, or excitement felt about a situation or an event?8 The purpose of this lesson is to "help students recognize stress encountered in their daily living and to suggest ways to deal with it other than by taking drugs."3° After explaining that there can be good stress and bad stress, and discussing examples of positive and negative 'stressors," the officer administers a work sheet called "My Stress Level" (reproduced on the following page). In this work sheet, students are asked fifteen yes/no questions, and if they get more than eleven yesses, they are deemed to have a "high level of stress," which entitles them to color in a thermometer (which maxes out at 1/~) "to show your stress level." The thermometer does not distinguish between positive and negative stress. The failure to distinguish between positive and negative stress leads to a ridiculous situation: children may expect to feel a "high level of stress" if they have, within the past thirty days, taken a test, travelled, met someone new, done their chores, competed in a game or race, or helped plan an event."° If there is any problem with public education generally today, it is that we are "demanding less of [our] kids -- and getting less in return."~z Lessons such as this are potentially harmful to students by arming them with excuses for not undertaking challenges and stretching their skills and interests. The committee rejects the notion that asking children to do chores, or to compete in a game, or to help plan a party, should be expected to produce stress. D.A,R.E. ($-6) Lesson 8 NAme MY STRESS LE L Directions: Answer the questions below. If your answer is yes, put a check mark in the yes columm Ifyour answer is no, put a check mark in the no col-ran. In the last month, have you YES NO 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. taken a test? had an argument or been in a fight? been late for something? had something exciting happen to you? felt lonely or depressed? taken a trip or gone to an ~musement park? met someone new? done your chores? competed in a g~me or race? had too many th'mgs to do? had trouble with school work? failed to complete an assignment? helped plan a special party or event? had to be the first one to do something? been embarrassed? 0-5 6-10 11-15 Low level of stress Medium level of stress High level of stress Add the n,,mber of checks in the yes cob~m.n and compare your score with the scale. Then color in the stress meter to show your stress level. 15 This is pernicious hooey. The committee believes that children should not be armed with excuses, but rather, challenged to succeed through hard work and making mistakes, i.e., through trial and error. "Regular, meaningful household duties underscore responsibility to others. Moreover, chores teach that the child is a valued member of the family. And a long-term study shows they are a powerful predictor of adult success and happiness?~ The committee has stated above its concerns about "seN-esteem" and "stress," and will not repeat them here. Another DARE theme that occupied much of the committee's deliberations was the question of teaching "rights.~ DARE presents them in two In Lesson 7, certain rights are presented as being paired with certain responsibilities. The right '~o be yourself" is paired with the responsibility "to accept differences in other people;" the right "to say what you think~ is paired with the responsibility "to allow others to say what they think;~ the right "to say no to offers" is paired with the responsibility "to allow others to say no;" the right "to ask a favor" is paired with the responsibility "to accept a refusal.~'~3 The committee applauds this presentation. Except for. fundamental liberties which need not be "earned," (like freedom of speech or of religion), all rights do carry with them responsibilities. It is vitally important that children learn this at an early age and remember it all their lives. Wear your bicycle helmet (responsibility) and you may ride further (right). Be in on time (responsibility), get the family car (right). Study hard (responsibility), get the career you want (right). Become a parent '(right), support and nurture the child (responsibility). Maintain your health (responsibility), stay out of doctors' offices (right). Those are good lessons. The committee endorses teaching children that if they are to expect certain rights, they must fulfill certain responsibilities. And conversely, when they act responsibly -- as, in DARE's examples, by showing tolerance to others -- they earn additional rights. "Liberty is the one thing you can't have unless you are willing to give it to others," observed William Allen White. 16 The other, and starkly contrasting way, in which "rights" are taught to DARE fifth graders is found in Lesson l, where students are instructed in "rights" that, according to DARE, 'children have," without being linked to any responsibility on their pan. Among them are the "right to be happy" and the "right to be respected." A majority of the committee is troubled by this message, as it appears to trivialize the cherished concept of Urights" by inventing new ones and conferring them on a special class of citizens, namely, fifth graders. While we all recognize and respect the inalienable right to pursue happiness, we do not have the right to be happy; nor is there a right to be respected. No remedies exist for the denial of such "rights." A child who is unhappy at having to turn off the television and go to bed has not had his rights violated, and it is wrong to give him an idea to the contrary. Children must learn that happiness and respect cannot be acquired by reciting a state-sponsored catechism. Another subject that occupied much of the committee's discussions was the matter of mixing education with law enforcement. The committee is cognizant that in other DARE communities, children have been used as informants in criminal investigations and prosecutions, sometimes against their own parents.'~ Without belaboring the point, the committee condemns the use of children as informants in criminal investigations and deems the practice, in the absence of complaints of serious abuse, reprehensible.as Evaluation DARE is good in teaching survival skills, but does not include important TAGS components, and needs to encourage more parent involvement. HERE'S LOOKING AT YOU 2000 "Here's Looking At You 2000" is a comprehensive K-12 TAGS curriculum, consisting of more than 150 lessons. A kit is provided for each grade level, containing charts, posters, videotapes, hand puppets, filmstrips, books, cards, costumes, scripts and other materials. Sanderson acquired the curriculum several years ago at the recommendation of a teacher. It has been ut'fiized regularly in grades K-4 and 6. 17 This curriculum is very similar to DARE, in that it promotes a particular psychotherapeutic model whereby through self awareness, coping and stress reduction, decision making, communication skills, assertiveness training, and goal setting, among other things, students are trained to resist TAOS abuse. Students are taught "how to say no,~ how to identify stressful situations, how to identify personal feelings, how to look at media advertising promoting TAOS use, and a myriad of other "resistance skills." In terms of content, this curriculum may fairly be called DARE in civilian clothes. In other important aspects, however, the curriculum differs from DARE. Those aspects are its comprehensiveness and its encouragement of parental involvement. Goals "Here's Looking At You 2000" aims to prevent TAOS abuse among students by providing information and teaching resistance skills. Like "Learning To Live Drug-Free" and DARE, it focuses on preventing TAOS abuse among children, so long as they remain children. What happens when they grow up is not the concern of this curriculum, either. Needs Of the four curricula reviewed, this one best meets Sanderson's needs in terms of providing'ample and thorough materials to teachers with which to fashion good TAOS education lessons. Teachers who use it are not burdened with' the task of searching for additional materials to supplement or provide balance to the materials provided. Unlike DARE or aLearning To Live Drug-Free,' this curriculum contains comprehensive tobacco-education materials. The committee can quarrel with some of the details of how the material is presented,~ but overall this curriculum appears to cover the areas (tobacco and alcohol) so obviously missing from the other two curricula. This curriculum shares a shortcoming with the others reviewed, in that it does not acknowledge what the committee has called the ubiquity of drugs. Teachers will want to remedy this. 18 C/ar#y Of the three curricula examined, this one is the clearest. It avoids the term 'drug abuse" altogether, instead dedicating itself to "reducing the risk of children getting into trouble with drugs,'~? a relatively objective standard. That is not to say, however, that this curriculum is free of lapses: "Alcohol ... can lead to cancer.'4 If that is an argument why children should say no to alcohol, it logically follows that they should say no to everything else that 'can lead to cancer." This includes a long list of common food additives (alar, nitrates), environmental elements (UFFI, radon), and even sunshine. Surely, the authors do not mean this. "Smoking marijuana can lead to lung cancer."49 The committee has looked, and been unable to find, a single documented case of lung cancer resulting from smoking marijuana by any person. No doubt some experts are of the view that sooner or later, a marijuana smoker will come down with lung cancer. But in the form presented to students, the statement is distorted to imply that smoking marijuana causes cancer. Such assertions are reminiscent of old-fashioned "scare tactics" which "research has generally shown ... are not effective in reducing student drug use.'s° In terms of parent involvement, this curriculum is much better than DARE. "Here's Looking At You 2000" includes newsletters that are periodically sent home, informing parents what their children are being taught. This curriculum is not unlike DARE with regard to 'disclosures ... of ... information and feelings.'s~ Although law enforcement authorities are not necessarily involved when children make disclosures in the course of this material, the committee is shaken by this curriculum's instructions to teachers concerning confidentiality as to the information disclosed: 'Either refuse to promise not to betray confidentiality, or else promise and then break your promise."s2 19 Evaluation This curriculum is the best of the three. CONCLUSIONS We conclude not with profound answers, but with questions of concern about the 'whole area of TAOS education, and Ashfield and Plainfield's responsibility to our children. Where are the parents, and how can they be more involved in what their children are being taught? Why do we tolerate muddled and confusing TAOS education when we never would for math, science, or language? Are we over-invested in "seN-esteem," and are we doing a good thing by making it easier to claim? Are we over-invested in "stress," cheating young people out of the rewards of meeting difficult challenges? Why do we shrink from telling children what they must not do? Why do some curricula overlook the most damaging drug addiction of all, nicotine, and downplay alcohol? Might the deficiencies in TAOS curricula be linked to society's failure, after years of war, to control TAOS abuse? Should children be taught to expect happiness and respect as a right? How can Ashfield and Plainfield best protect against the subversion of parental authority by the state? 2O RECOMMENDATIONS The committee respectfully recommends: That in grades K-4 and 6, "Here's Looking At You 2000`` remain the principal TAOS curriculum, with more emphasis on the ubiquity of TAOS and less on self-esteem. That parents of students taking DARE and 'Here's Looking At You 2000" be informed in advance, and their permission obtained, before the material is first presented. That in grade 5, DARE remain the principal TAOS curriculum, but on the condition that the following remedial adjustments be made: a. Parental involvement be encouraged and promoted by the Sanderson administration, by holding a pre-DARE evening Parents' Forum at which both supporters and detractors of DARE, plus the DARE officer, would have an opportunity to present their views of the program; (2) sending home workbooks or newsletters (such as the one that accompanies ``Here's Looking At You 2000') so that parents know what their children are being taught. (3) Parents of students not taking DARE should work out with the teacher and principal, if necessary, what their children will be doing in lieu of DARE. This should be an educationally constructive activity. The lessons on self-esteem (Lesson 6) and stress (Lesson 8) be scaled back, and replaced with strong tobacco and alcohol abuse materials. The committee recommends that the tobacco materials from "Here's Looking at You 2000' and ``Health Skills for Life" be combined to make up one lesson plan, and that the alcohol materials from "Here's Looking At You 2000' be employed for the other. 21 eo Particular ambiguities and mixed messages identified in this report be excised from the DARE materials, more specifically that (1) students be told clearly and objectively what "drug abuse" means (as that term is used in the curriculum's title), and how it can be identified; and (2) the material in Lesson 1 on "rights" be re-worked, so as to avoid confusion with the real thing; As to the new, revised DARE curriculum, it not be introduced into the school until it has undergone a local curriculum review and adjusted, if necessary, to bring it into line with local needs and concerns. Assurances be obtained from the DARE officer that Sanderson students will not be used as informants in law enforcement activities, except where a student makes a credible complaint of serious abuse. Final Observations When this committee began meeting in early Spring, it soon became clear that a wide disparity of views existed among the various members. After many hours of spirited discussion, it still does. With this report, we have attempted to dwell not on the issues that divided us, but on those upon which we came together. We shall decline the opportunity to make sweeping pronouncements or draw insightful conclusions about drug education. We merely hypothesize that the problem is bigger than both drugs and education. The committee expresses its gratitude to the Sanderson Academy School Council (Ann Mislak and Judy Turcotte, co-chairs), for the opportunity to undertake this review, and respectfully urges adoption and implementation of the above recommendations. Ashfield, Massachusetts June 6, 1994 22 Respectfully submitted, Dick Evans Mary FitS--Gibbon Pat North J(f'rmie Robertson 24 FOOTNOTES This is for the school lear 1993-94. For the year 1994-95, it is expected to be around $9,000. 20 USC 1392. This program is not to be confused with the "DARE Grant," from which Ashfield recently received around $28,000. Telephone conversation with the Mohawk Regional Drug-Free Schools Coordinator, May 23, 1994. Guideline for Drug-Free Schools Grant. Drug Prevention Currricula: A Guide to Selection and Implementation, U.S. Department of Education, 1988, page vii; C~teria for Comprehenz'ive Health Education Curricula, Jill English eta!., American School Health A~ociation, 1990. U.S. Dept. of Health and Human Services, Office for Substance Abuse Prevention, MS424, 'The Fact Is ...,' page 2. Drug Prevention Cun~icula: A Guide to Selection and Implementation, U.S. Department of Education, 1988, page vii. Learning To Live Drug. Free, Part I, pages 1-2. Part VI, pages 12-13. Drug Education: School-Based Pro$rums Seen as U~eful but Impact Unknown, U.S. General Accounting Office, GAOfi-IRD-91-27, November 1990, page 8. 'Learning to Live Drug Free" does not ~ay what 'drugs' are, but the other curricula examined do. DARE defines drugs as 'any substance other than food that changes the way your mind or body work." While that definition may not be perfect (fresh air?), the committee feels that it is clear and sufficient.. Learning To Live Dru$-Free, Part III, page 4. Office of Substance Abuse Prevention, U.S. Department of Health and Human Services, OSAP Prevention Monograph-6, Youth and Dru~: Society's Mi~ed Metzages, 1990, pp. 142-145. Both DARE and 'Here'~ Looking At You 2000" define drugs as subetances other than food that affect the way your mind and body work. Learning To Live Drug-Free, Part I, page 1. What Works? A Guide to School-Ba~ed Alcohol and Drug A bu~e Prevention Curricula, Todd Rogers, Ph.D., et al., Health Promotion Resource Center, 8tanford Center for Research in Disease Prevention. DARE Officer's Guide, Grades 5-6, Lemon 1, p. 6. 'Brave 1 l-lear-old foils alleged abductor,' The Boston Herald, April 23, 1994, page 10. The committee has asked local DARE officers, the DARE regional training center, Massachusetts DARE, and DARE America, without success. DARE Officer's Guide, revi~d 1993 (summary), p. x. DA RE Offcer~s Guide, Grades 5-~, Glos-~ary of Terms, p. E-93. Drug Prevention Curricula, A Guide to Selection and Implementation, U.S. Department of Education, 1988, page 1. DARE Officer's Guide, Grades 5-6, Lesson 2~ page 13. On one l~vel, the committee finds talk about 'gatemy drugs' fairly silly, as any substance can be considered the 'gateway" to another, depending on in what order they were first 25 consumed. One could easily say that caffeine or Tylenol are "gateway' drugs, because children used them before trying tobacco or aspirin. Perhaps mother's milk is the 'gateway" to every other substance. DA RE O./~cer's Gu/de, pp. 6, 8, 35, e.g. Currricula that 'imply that students must decide for themselves whether to use drugs or alcohol ... [lead] to conflicting or ill-defined program objectives.' Dr. Michael Klitzner, Senior Research Administrator, Center for Advance Health Studies, Pacific Institute for Research and Evaluation, Viena, Virginia, quoted in Drug Prevention Cur~cu~a, A Gu~e ~o $e~¢~on and lmp~menta~on, U.S. Department of Education, 1988, page ll. According to What Wor~: $¢hoo~ Without Drugs (U.S. Department of Education, 1992, page 26, a 'model program' teaching about drug prevention would have as one of its main objectives, 'to respect ia~ and rules prohibiting drugs.' DARE Officer's Gu~e, Grades 5-6, Lesson 1, page 10; student workbook, p. 6. DA RE Officer's Guide, Grades 5-6, Lesson 2, page I I. DARE Officer's Guide, Lesson 1, page 4. Item 6, DARE Lesson I quiz, 'What Do You know About Drugs?", page 4. DA RE O)~u:er's Gu~e, Lesson 7, page 35. Telephone conversation with D. Evans, April, 1~94. Kiester, Edwin and Sally, 'Are We Demanding Enough Of Our Kids?" Reader's D~gest, April, 1994, p. 136. DARE OJ)~cer's Gu~e, Grades 5-6, Lesson 6, pp. 30-31. A preliminary report from the Research Triangle Institute, commissioned by the U.S. Justice Department, says that DARE has a "limited to essentially non-existent effect' on drug use. USA Today, October 11, 1993, page 1. An ewaluatinn by the (Massachusetts) Governor's Alliance Against Drugs, 1991-1992, cites one study concluding, 'No significant differences among DARE and non-DARE students ~re shown in overall knowledge and attitudes about drugs or alcohol, student's [sic] predictions of their future drug use, or overall seN-concept" (page 11), and another that 'the program had no impact on [students'] use of substances or intent to use substances in the future' (page 11). An Evaluation of Programs Supported by the Governor'~ Alliance Against Drugs, 1991-1992, a report by Henry Wechsler, Ph.D. and Linda Langford, Harvard School of Public Health, Department of Health and Social Behavior, May 13, 1993. In addition, DARE's own s~udies consistently report no significant effect on drag use. The DARE Evaluation Compendium, undated. DARE Officer's Guide, Grades 5-6, Lesson 8, page 39. ~id. DARE Work Sheet, 'My Stress Level,' Grades 5-6, Lesson 8 (see appendix). Kiester, Edwin and Sally, op. cit., quoting John Rosemond, Center for Affirmative Parenting in Gastonia, North Carolina. op. cit.,, page 139. DARE Officer's Guide, Grades 5-6, Lesson 7, page 35. 'The Informants: In a Drug Program, Some Kids Turn In Theix Own Parentsf The Wall Street Journal, April 20, 1992, page 1; 'Oirl's tip brings arrest of parents in drug case; Washington Times, ~anuary 17, 1994; Hartman, Ray, The galley Advocate, December 16, 1993; Rocky Mountain News, September 1991; 'Daughter tums more in to police on drug charge,' Quincy (Mass.) Patriot Ledger, March 29, 1994, page 1. The majority of the committee is not encouraged by the mandate to DARE officers in the (new) 1993 curriculum instructing them to report any disclosure of 'drug use or drug 26 dealing" by any student or 'family member," whether legal or inegal, or problemmatical or not problemmatical. 'Description of Program, Grades 5-6,' page iv. For example, the materials correctly distinguish between tobacco (a plant) and nicotine (the psychoactive drug it contains), but blur the distinction between eannabis (a plant) and THC (the psychoactive drug it contains) (page 72, fifth grade book). 'Here's Looking At You 2000' Teacher's Guide, Introduction, page 3 'Here's Lool~ing A t You 2000' Teacher's Guide, page 12, item 7 Op. cit., item 10. GAO/HRD-91-27, Impact of $c&ool-Based Drug Education, Page 28 "Here's Looking At You 2000' Teacher's Guide, Grade 5, Lesson 1, "Disclosures," page 9. op. cit. City of Iowa City MEMORANDUM February 9, 1997 TO: Iowa City City Council FROM: Heather Shank, Human Rights Coordinator FEASIBILITY OF CONTRACTING WITH OUTSIDE ATTORNEYS TO CONDUCT HUMAN RIGHTS INVESTIGATIONS VS. TEMPORARY FULL TIME STAFF On February 3, 1997, the issue was raised as to whether adding a half time position to the Iowa City Human Rights staff would be sufficient to eliminate the backlog of complaints. I expressed the belief that two full time investigators were necessary to achieve this goal. Councilman Ernie Lehman questioned whether it would benefit the Human Rights Office to contract with outside attorneys to investigate complaints filed with the Human Rights Commission. Other council members suggested hiring a temporary full-time investigator. An informal survey of Iowa City attorneys with expertise in the area of civil rights, provided the following information: CONFLICTS OF INTEREST AND THE APPEARANCE OF IMPROPRIETY There are a limited number of attorneys, approximately ten, in the Iowa City area, who take cases involving civil rights issues. Because of the small number of knowledgeable civil rights attorneys, the potential for conflicts of interest and the appearance of impropriety is high. For these reasons, it was speculated that few, if any, private attorneys would be willing to conduct investigations. A temporary full time attorney would have fewer potential conflicts in the role of human rights investigator. The investigator employee could focus solely on civil rights complaints and maintain a neutral position at all times, A private attorney, who represents only respondents or only complainants in civil rights cases, could be subject to charges of bias as an investigator, by the side he or she does not normally represent in private practice. As mentioned above, there are a limited number of attorneys who work in the area of civil rights. Because of the increased demand for attorneys in the civil rights/employment law area, the experienced lawyers in Iowa City are involved in a number of the complaints currently pending in the Human Rights office. Potential clients could be refused representation by the law firm of their choice because an attorney from the firm is conducting or has conducted an investigation involving one of the parties. A temporary investigator, as a neutral party, would not have to consider issues of advocacy and future client representation. Attorneys have an ethical obligation to avoid even the appearance of impropriety. The Iowa City Human Rights Office works with all of the attorneys who represent the parties to a complaint. An allegation of the appearance of impropriety could arise if an attorney is hired to conduct an investigation while at the same time, he or she represents a party to a complaint that is pending. This situation would be avoided entirely if a temporary full-time investigator was hired as opposed to a private attorney on a contract basis. The hiring of private attorneys on a contract basis with little or no experience in civil rights law is also not a solution. It would impede rather than assist in the expeditious elimination of the backlog of human rights complaints, Prior to conducting an adequate and thorough investigation, the attorney would have to become familiar with civil rights law. Under these circumstances, the City of Iowa City would be forced to pay an attorney a substantial sum of money to become knowledgeable of the law for the limited purpose of conducting an occasional invesl;igation. A temporary employee, on the other hand, would be able to acquire the necessary knowledge at a much more reasonable cost and use the information repeatedly in a greater number of investigations. ECONOMIC FEASIBILITY The attorneys I spoke with regarding contracting with private attorneys to conduct investigations unanimously agreed this option would not be cost effective. Attorneys' fees in the Iowa City area range from $75.00 - $150.00 per hour. The time it takes to complete an investigation and recommendation is dependent upon: (1) the complexity of the complaint, i.e., number of legal issues and/or allegations; (2) the number and location of witnesses; (3) the type and number of documents to be gathered, read and analyzed; (4) the level of cooperation received, i.e., need for subpoenas, frequent correspondence regarding legal issues, discovery, etc.; and (5) the number and complexity of issues to be addressed in the final recommendation. In contrast, the hourly rate, including wages and benefits, for a full time city employee is approximately 922.00. CONCLUSION: It is generally agreed the addition of two full time investigators to the office of the Iowa City Human Rights Coordinator would assist in eliminating the substantial backlog of pending discrimination complaints. However, all of the attorneys I talked to agreed the investigations should be conducted by Iowa City staff persons, whether temporary or permanent. Hiring outside attorneys would result in conflicts of interest and the appearance of impropriety as well as be unnecessarily expensive. City of Iowa City MEMORANDUM February 10. 1997 TO: Iowa City City Council FROM: Heather Shank, Human Rights Coordinator UPDATE ON FUNDING FROM HUD On February 7, 1997, I contacted Loretta Dickson at the Department of Housing and Urban Development in Washington, D.C.. Ms. Dickson was familiar with the Iowa City Human Rights Ordinance. It was Ms. Dickson's impression HUD would certify the Iowa City Human Rights Ordinance as substantially equivalent to the Fair Housing Act if it is passed by the City Counsel as proposed. If the Human Rights Ordinance is certified by HUD, Iowa City would be entitled to capacity building funds. The current HUD contract for capacity building is $100,000 a year for two years. However, Ms. Dickson indicated the funding is dependent on HUD's budget allocation. The final budget will determine whether the capacity building funds will be more or less than the amount currently provided in contracts with municipalities. It is a requirement of HUD that any capacity building funds be placed in a separate account for just housing related activities. While HUD permits a municipality to hire a full time employee who will engage in housing activities only 50% of the time, it discourages the practice. HUD believes the capacity building funds will result in a housing program that requires a full time employee. If Iowa City receives the capacity building funds, HUD field employees will make periodic trips to Iowa City from Kansas City to review the use of the money. Iowa City will be required under the Civil Audit Act to account for the money received by the federal government. Any funds determined to be used for purposes other than housing will have to be returned. Ms. Dickson indicated some of the capacity building funds could be transferred to a separate housing account in the City Attorney's budget in order to pay for housing related litigation costs. ~ F~B=05--97 02:~5 PR C--R Ci~i I Rieh~s 3~9 3980218 P~tdt' Fax Note 7671 February 1997 Mayor and City Council City of Iowa City Civic Center 410 E. Washington Ctr. Iowa City, IA 52240 Dear Mayor and City Council: After our local clvil rights ordinance was reviewed and approved by HUD, we entered into a contract with HUD. Because our local civil rights agency had not had a previous contract with them, a "capacity building agreement" was signed which gives us $100,000 a year for Z years. The Z-year period of time and the money are to allow us to build up our agency so that we can be fully . certified by HUD after' the Z years to investigate housing cases according to their criteria. We were not told how us use the money except that $5,000 is to be set aside to purchase a computer that would meet their specifications, up to $10,000/yr. is to be used to send 5 persons to an approved HUD training and the balance is to benefit. fair housing education and enforcement. The money cannot. be mingled with any other City money and is to be designated for fair housing purposes. After the Z-year period, if our agency is certified by HUD, we will receive $'1,700 for each housing case which is investigated or conciliated by us. Additionally, we will receive training money each year (in the past it has been either $5,000 or $10,000 per year. With the training money 5 staff/commissioners need to be sent to HUD [raining), I would be glad to meet with you and answer any other questions that I can. I am sending Heather Shank, Coordinator for the Iowa City Human Rights Commission additional matedHal. Sinccrely, Louise Wozniak Lorenz Executive Director ~ ,Seco~ A~'ntv,: ~ i~ond Fbor. City [-lall · ~ IL~pich, Iowa 52401-12.~ Phone L.3t9)398-~;O'~6 · FAX(?,I913~O2]& City of Iowa City MEMORANDUM To: From: Date: Re: The Honorable Mayor Naomi Novick and Members of the City Council Dennis Mitchell, Assistant City Attorney ~ February 7, 1997 Ordinance Creating a Citizen's Police Review Board After reviewing the materials the City Manager gathered, as well as the wealth of information provided by Professor David Baldus, City Attorney Linda Woito and the other staff attorneys agree that the first draft was very rough .and needs considerable polishing and refinement. Thus, in terms of efficiency, it would be more beneficial and productive for you to have a more polished and finished draft of the ordinance before you begin discussions. We hope to have the new draft for you soon (end of February). In the meantime, if there is anyone you would like to review the next ordinance draft, call me or jot down their names and I will then make sure they receive a copy. I do plan to send a copy of the next draft to Professor Baldus at the University of Iowa Law School. CC: Linda Newman Woito, City Attorney Stephen Atkins, City Manager Marian Karr, City Clerk Dale Helling, Assistant City Manager Sarah Holecek, Assistant City Attorney Eleanor Dilkes, Assistant City Attorney Population New cases filed (fiscal '96) Closed cases (fiscal '96) IOWA HUMAN RIGHTS COMMISSIONS (fiscal year 1996) Iowa City Cedar Dubuque Davenport Waterloo Sioux City Rapids 61,000 .110,000 59,000 103,294 67,125 89,000 (calendar '12 formal ~36 yr. 96) 19 97 24 **87 84 informal (calendar 233 yr. 96) 27 55 60 21 79 Budget (fiscal '96) Budget (fiscal '97) Number of staff Job titles Substantial equivalency to HUD Are housing cases taken? Additional Protected categories not included in the State Code or Federal Law Attorney for commission Size of commission 1. 70,594 208,118 183,508 175,058 152,339 96,083 104,626 229,950 188,044 187,004 168,000 105,209 I full time 34 full time 3 full time 3 full time 4 full time. 2 full time Directod Executive Director Directod Ex. Director Director/ Investigator Director Investigator counsel 2 Investigator' 2 Secretary Investigator Investigators Secretary ¼ time Investigators Secretary Secretary (1 Full time Investigator Secretary Investigator added Jan. '97) No Yes Yes No No No Yes (only in complaints not covered by State Code or Federal Law) 1 .Sexual 1. Family/ orientation martial status Martial status Martial status Martial status No 2.Gender in credit in credit in credit Identity 2. Martial 3,Martial status in status education 3. Age in housing 4, Martial status in housing 5. Disability in housing Assistant City Part-time Part-time Assigned to Assigned to Attorney attorney attorney Director city attorney's city attorney's office office Yes Yes Yes No No 9 11 9 7 10 12 Number does not include 12 cases in which intake was completed and sent to the Iowa Civil Rights Commission for investigation. 55 cases pending. Cedar Rapids hired two full time housing specialist in Sept. 1996. Twelve housing cases have been filed since the hiring. Formal investigation ** No formal investigation To~ IOi~ C~ C~K ~zom Jo Ho~az~¥ ~-10-97 9~O~am p, ~ o£ ~ Johnson County. Sally Stutsman, Chairperson Joe Bolkcom Charles D. Duffy Jonathan Jordahl Stephen P. Lacina BOARD OF SUPERVISORS February 11, 1997 INFORMAL MEETING Agenda 1. Call to order 9:00 a.m. 2. Review of the formal minutes of February 6th. Business from Ron Berg, Associate Director for Mid-Eastern Council on Chemical Abuse re: Health Care Benefits for Johnson County Social Services/discussion. Business from Sher Hawn, Program Director for Employee Wellness/Community Health Promotion re: summary of Fall 1996 survey of Johnson County Employee Wellness Program/discussion. Business from Bruce Ahrens, AFM Senior Farm Manager for Farmers National Company re: county farm/discussion. 6. Business from the Board of Supervisors. a) Discussion re: range). b) Reports c) Other advertisement of S.E.A.T.S. Director' s position, (salary 7. Discussion from the public. 8. Discussion re: Fiscal Year '98 budget. 9. Recess. 913 SOUTH DUBUQUE ST. P.O. BOX1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 FAX: (319) 356-6086 City of Iowa City MEMORANDUM To: From: Date: Re: ,CONFIDENTIAL ("-~ - The Honorable Mayor Naomi Novick and Members of the City Council Linda Newman Woito, City Attorney Dennis Mitchell, Assistant City Attorney February 7, 1997 Partial Litigation Update City of Iowa City v. Ben Rittgers Mr. Rittgers was issued fourteen (14) different municipal infraction citations for housing and building code violations at 616 Bloomington Street, 17 S. Governor Street, 816-818% E. Market Street, 911 E. Washington Street, and 915 E. Washington Street. All fourteen citations were tried together on March 29, 1995. On January 13, 1997, an opinion was issued finding Mr. Rittgers guilty of ten of the citations. The remaining four citations involved ongoing violations (for which Mr. Rittgers had already been cited) and were dismissed because the Court found there was no clear indication to Mr. Rittgers that he would be charged on an ongoing basis for a continuing vioiation. Because the Court found Mr. Rittgers clearly guilty of those four citations, however, he was still assessed court costs. Mr. Rittgers has thus far cooperated with the City in correcting the violations and scheduling re-inspections of the properties he still owns. If the violations are not corrected within a reasonable amount of time, however, the City could issue second offense citations. City of Iowa City v. The Cliffs Owners Association, et. al. On January 8, 1997, the parties filed a Plea Agreement which was adopted and approved by the Court on January 14, 1997. Pursuant to the Plea Agreement, which is now a court order, the Cliffs Owners Association, et. al., agreed to the following: An application for a grading permit for the purpose of stabilizing the slopes at 1122 and 1136 N. Dubuque Street must be filed by March 1, 1997. If the application is not filed by March 1, 1997, the defendants will pay a fine of $1,000 per day to the City. A Sensitive Overlays Rezoning shall be required prior to any grading or development activity involving the slopes in conformance with the Sensitive Areas Ordinance. A Sensitive Areas Development Plan is required as part of the rezoning. The request for rezoning and plan must be filed by March 1, 1997. All grading work to stabilize the slopes must be completed and certified by an engineer on or before November 1, 1997. In addition, all work and planting which is necessary to comply with the approved Sensitive Areas Development Plan must be completed on or before November 1, 1997. If the work required under the Grading Permit and the Sensitive Areas Development Plan is not completed by November 1, 1997, the Defendants will pay a fine of $1,000 a day to the City. A reasonable extension, subject to Court approval, shall only be granted if acts of God or nature renders it impossible to complete the work by November 1, 1997. The Defendants agreed make reasonable efforts to provide the City with fifty percent (50%) of the dirt removed by reason of their grading. Kroeze and Braverman Condemnation Appeal Cases As you may recall, Kroeze involves the City's condemnation of Nursery Road and Braverman involves the City's condemnation of the South Plant Access Road. New trial dates have been set in both cases. Kroeze is set for trial the week of May 19, 1997. Braverman is scheduled for trial the week of September 8, 1997. Both appeals are being handled by attorney David Brown on behalf of the City. Remaining Airport Zoning Cases The Danes, Wades, and Davises, who were the remaining plaintiffs in the airport rezoning cases, have all filed dismissals. We believe our success in the Fitzgarrald and Hagen cases, along with the City's amendment to the airport zoning ordinance to increase the approach slope of Runway 6-24, tempered the remaining plaintiffs' interest in continuing to litigate these cases. Attorney David Brown represented the City in these cases. CC; Stephen Atkins, City Manager Marian Karr, City Clerk Dale Helling, Assistant City Manager Sarah Holecek, Assistant City Attorney Eleanor Dilkes, Assistant City Attorney City of Iowa City MEMORANDUM Date: To: From: Re: February 10, 1997 Mayor and City Council City Clerk Council Work Session, February 1, 1997 - 2 p.m. in the Council Chambers Mayor Naomi J. Novick presiding. Council present: Novick, Baker, Kubby, Lehman, Norton, Thornberry, Vanderhoef. Staff present: Atkins, Helling, Woito, Karr, Winkelhake, Mitchell, Dilkes, Holecek. Tapes: 97-19 and 97-20, both sides. POLICE REVIEW PRESENTATION/OVERVIEW Reel 97-19, Side 1 (A more complete transcription is on file in the City Clerk's office.) Novick explained this meeting is a Council work session with no detailed agenda and there will be no public comment. Novick noted the meeting will be videotaped and broadcast. City Manager Atkins stated Council received the police review and police review summary documents. Those documents were prepared by City Attorney Woito, Police Chief Winkelhake, and Assistant City Manager Helling. Atkins stated that at Council's December 17 meeting they directed staff to: 1) compare Iowa City Police Department policies and procedures with other police departments in Iowa; 2) summarize, secure information with respect to the training of Iowa City Police personnel; and 3) to answer 60+ questions that were posted by City Council members. Atkins presented an overview of the Iowa City Police Department and police review document. Atkins said the police department has 64* budgeted positions, the average age of an Iowa City police officer is 38 years, has 12 years of service, and has obtained an educational level of 15 years. Atkins summarized the procedures and curriculum of the Iowa City Law Enforcement Academy, the Iowa City Police Department field training, multiagency training systems, and mobile team in-service training. Atkins presented an overview of police review, Section 2-Use of Force; Section 3-International Association of Chiefs of Police Use of Force Model Policy; and Section 4-Building Search. Arkins noted that the Iowa City Police Department use of force policy and the use of force comparison charts are attached to the police review document. *Actual corrected number should be 65. clerk\cc2-1 .inf CITY COUNCIL QUESTIONS AND ANSWERS Nov/Thank you. We are going to start, with Larry .... I. Baker/I would like you to expand on this policy about drawing your weapons. It is my understanding we don't have a written policy other than that memo which may or may not be well known to officers on the beat. Why don't we have a written policy? If we don't have one, how are they trained with any consistency to respond basically the same way? We have also been told that other communities have very stringent rules that when weapons are drawn, officers are disciplined. Do you know anything about that? And- Arkins/I can recall one instance where I read of a report where an individual indicated that. And we did get a copy, we looked it up. It was in Minneapolis. That if you draw your weapon, you are immediately assigned to administrative duty and that is not what we learned. That was not the case at all. Baker/So how- I guess the basic question is you don't have a written policy, how do they know what to do? Winklehake/With regards to the officer as far as drawing weapons, there is discretion for the officer based upon their perception of what they are faced with and if you look into the Coralville one, there is also a very clear statement there that there is nothing that prohibits them from drawing a weapon if they are faced with a situation that they believe is necessary to have a weapon out. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 ~ WS020197 February 1, 1997 Council Work Session page 8 Baker/I understand that. But how is that conveyed to the officers in ICPD? How are they trained? I mean if it is not written down, what guidelines do they use? Winklehake/They use the guidelines that they have from the Academy and then through the field training that we have here, that we follow those guidelines. And the use of force when you look at the use of force model, it describes certain kinds of actions that are being done, being taken, and the officer, a proper response to that. They need to be able to articulate the circumstances that they are faced with as to why they drew that weapon. Baker/And we are- Nov/One follow up. Baker/Clarification, follow up. Are we going to have a written policy? Nov/One follow up. I said one follow up. Winklehake/I am sorry. Baker/Are we going to have a written policy on drawing weapons? Winklehake/You now have as of, I forgot what the date is, but you have a copy in there where it very clearly points out that if you draw the.weapon, there has to be a report which goes to the immediate supervisor which goes to the captain and the field operations to my office. Baker/That is separate. That is a reporting sequence. I am talking about training sequence. That is all I got. 2. Kubby/So I guess I want to continue with this use of force of drawing a weapon because it seems that the only time an officer should draw their weapon is when they feel there is imminent danger to themselves or other people in the area and it doesn't seem that many communities recognize a drawn weapon as part of that reporting process for use of force and I know that might be one of the recommendations that comes out of this discussion. Are there other communities in Iowa who consider a drawn weapon as a use of deadly force? Or it is in that continuum? It is above level II. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 9 Atkins/Yeah, it is in the continuum, Karen, and our evidence indicated, again, the substantially officer discretion. Again, relying on the ILEA training, we found that there was dearly a difference of opinion among cities with respect the drawing of a weapon. As a follow up, when we found that Minneapolis policy, for example, it clearly states that you may use the weapon as a threat. Use the weapon as a threat. Now we don't agree with that. But I think you are going to find that each town is going to approach in substantially differently. Kubby/Did any ofthe'communities that you looked at have anything about when a weapon is drawn or after deadly force is used, that they be some down time for that officer? Atkins/Yes, virtually everyone of them. Not so much drawn but the exercise of. Not the drawing of weapons, no. Kubby/That is something, I guess, I want us to talk about at sometime, too, because if an officer feels that they are in imminent danger or that others are and they are drawing a weapon, that seems to be a situation that has adrenaline flowing and that people need a down time to go back to regular patrol. Atkins/I would encourage council- Kubby/Make a note of that. Atldns/I was going to say council members, I think, should make notes of those particular issues. We will also try to extract them from the tapes so you don't have to devote that much time to- Woito/Karen, if I could clarify. Polk County specifically, in its policies, recognizes a display of a weapon as use of deadly force and- Norton/That it is not deadly? Woito/That it is deadly force and I think there is one other city and I can't remember. Norton/But that is not everywhere. Woito/No, but that was Karen's question. Kubby/Thank you, Linda. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 10 Nov/Dee Norton. 3. Norton/I would like a little more detail about our local training. We just have the outline and it says that, this is respect to building security checks which I understand are pretty common. You think they would be among the most common things the police patrol would get into. Therefore I would like to know, a little bit more what they mean. They call out titles like emergency searches, exigent circumstances, reasonable expectation of privacy. Could you elaborate a litfie bit more, somebody, on exactly what local field training constitutes or what it is? Winklehake/Field training as far as building search, again the officers approach a building. You have different kinds of things that may lead to a building search. One could be an alarm. One could be open doors, open windows or whatever. And when the officer arrives there are some decisions that they need to go through. They need to evaluate the situation that they are faced with. They have to make some sort of determination of what steps to take. That includes all of the things I said, whether windows are open, doors are open, whatever that case may be. They have the training that they have had in the past and they need to rely on that training with regards to what I am going to do next. There is officer discretion with respect to how to proceed with that. in some Cases you are going to have a supervisor calling. The policy that we put in place requires that there be a supervisor there. Norton/I understand that but what do they mean at that time and these were policies that were in affect. Let's talk about the ones that were in affect in August. What do they mean by exigent circumstances? It is a funny word right off the top but go ahead. Winklehake/I think what they are talking about there is I guess the term would be more unusual set of circumstances that they are reviewing, that they are looking at at that time. What is different in regards to this. There is a different meaning for what legal would look at as far as presenting a case in court. But when the officers approach, what do they see. They have to take into account everything they see and make some decisions based up on that. Norton/Is my time up? Kubby/I think Linda had an additional answer for you, Dee. I think Linda had something to say. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 11 Norton/Go ahead, Linda, do you have a comment? Woito/ Yes, exigent circumstances is a legal term of art and the officers are trained in it here locally in the field office as well as from ILEA. Exigent circumstances is a term which is used as a permission to enter a building without a warrant under the Forth Amendment. Them are about five categories. One is emergency aid, one is hot'pursuit. If you are trying to arrest someone and they are running and they go into a building. Another one is destruction of contraband. If you know someone is in the house, you are trying to arrest them and they are flushing something down the toilet, then you can go in. Another one is care taking. If you try and arrest someone in a car and the duty to take care of that automobile during the course of the arrest, you can impound the car. There is also one that is recognized in some states as a security check for protection of property and in terms of Iowa and the Eighth Circuit, I am still doing research on security check for Iowa and the Eighth Circuit. I found more cases yesterday, so. Kubby/Never-ending. Woito/Right. And in terms of reasonableness, the term- Anytime you are talking about reasonable belief the law generally looks at this in an objective standard, .meaning not what is in our head but what someone in like circumstances, with similar training, abilities and competence, would view as reasonable under the same and similar circumstances. It is a frustrating term. It drives all first year law students crazy but that is a term that the law officers have to deal with and they have to learn. 4. Nov/Thank you. I am going to another follow up on open doors. As I was reading through this, I found a very detailed open door policy written after this particular instance. Was them ever anything in writing before this? I found references to policies in writing but I never found it in the book. Woito/No, there weren't. Nov/We have the City Attorney who is saying no, there were none. Just so we get it into the microphone. Thornberry/That was no policies on open door? Norton/No explicit. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 12 Nov/No written policies. Norton/There are pieces in several curriculum. Nov/I was asking if there was a written policy before we had the current written policy and I was told there was not. Go ahead, Dean. 5. Thomberry/All fight. The policy on open doors was changed recently and cards sent out to all business owners in the community or I don't know who the cards were sent to. I received one for my business in the south part 0ftown indicating who should be contacted in case something looks iffy, whether an alarm goes off, whether there is an open door, whether there is a broken window in a place of business. What, let's see- Were cards sent to all businesses in Iowa City or just selected parts of town? I have a follow up question to that. Winklehake/We sent cards. We attempted to send it to every business. We also found that some businesses were no longer in business and there may be one in place that we didn't have a record of and we are now in the process of having people go knock on doors, go pay a visit and see if we can get the proper information, One of the things that we did with those particular cards, we are going to ask the Chamber of Commerce to assist us in keeping that current. One of the things you find is that they never are current and it is very time consuming trying to keep it but we are going to do everything we' can because we are working with the Fire Department who does premise checks, business checks. And we want to be able to utilize that same information because they were keeping one set of information as to who to call and so were we. What we have done and I can't remember the name of- I think there were two different people in our community that had suggested because of the Fire Department and we followed up with that. They are now combined into a computer database so that we can bring that up. The dispatchers can get it by business name or by address. So that information is available. How current it is, I can't tell you because it can change at any time. Thomberry/From all of the cards that were sent out to these businesses, what, I am trying to get a idea of the community participation in this thing. what percentage of those cards and letters have been returned to you that you sent out? 10% or 80%? Winklehake/I didn't write it down and I would be making a guess. I have been told but I can't recall right now. I simply don't know. It would be a guess. Thomberry/Give me some kind of a range. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 13 Winklehake/I think we are running well over 50. Thomberry/Over 50%? Winklehake/I believe so. Nov/Will you follow up? Will you check that number and let us know next week? Winklehake/Yes. I think there were- I forgot the number but it is fairly high, the return on it. Thomberry/100% would be nice. Winklehake/It would be. 6. Vanderhoef/R. J., if you will just stay there. I have a question that follows along with what Dean is doing. I don't know that it is a written down policy but I am aware of a general practice of how the police- CHANGE TAPE TO REEL 97-19 SIDE 2 Vanderhoef/Respond to alarms that are in businesses and I think it would be nice to have that in the record of what happens when a business's alarm goes off at the station. Winklehake/The policy that we have for that is kind of follow the new one that we put out for the open doors and so on, too. When an alarm goes off, officers are dispatched to the site and they will make a premise check. They will check around the building to see if there is a location that has been entered, whatever. And if there is no sign of entry, they will then contact the business owner which is the names on the ones that we are talking about that you just mentioned. And if there is a break in, they will then have to make decisions and a new policy says that a supervisor needs to decide whether or not they are going to go in to the building unless there is a very obvious fact that someone broke in or someone is in there stealing the stuff, the property I should say. Vanderhoef/Okay. And just for the rest of the follow up, they charge the business owner for that. Winkelhake/I am sorry, what? This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 14 Vanderhoef/A charge to the business owner for that. Winklehake/For false alarms? After so many alarms, the business owner is then charged. The first few alarms are not charged. After that they are and we also have a Crime Prevention Unit where we will try to work with people. Not so much the business but the individual homeowners on their alarm situation to try to correct those so that we don't have false alarms. Thomberry/$25 after five, Dee. 7. Lehman/R. J., don't sit down yet. I don't have a lot of questions but I think the biggest question that I have and I think it really has been answered. But were the policies and procedures of the ICPD on August 30th and basically were they similar to other cities in the country, other cities in the State of Iowa and were they generally accepted as, I guess, use the reasonable man standard. Were they generally accepted as proper policies? Winklehake/Yes to all three. Lehman/Does Steve or Linda have any other comment because I think that, to me, that is absolutely critical if our policies were acceptable, they were r~asonable policies. I am not saying they were right because I don't think that is the question at all. We may have to change some policies. But I think it is very very important that we were in compliance with other police departments within the state, within the country, and that these were by our own and other cities' standards, reasonable standards. Winklehake/One other thing after saying yes. I might point out, I think Steve and Linda had both done some research. The policy that we had about open doors, you talk about community standards. That had been a community standard, I think Linda found all the way back to at least 1962 that that was the standard that was in place and we pretty well followed that throughout that period of time and it is substantially the same as other departments. Lehman/To me that is a really really critical critical question and I am kind of glad you say the answer is yes. Nov/All right, we are going back around. Larry- This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 15 Woito/The only follow to that that I will eventually have for you are some tactics that I am finding out from some of the training bodies that I know you are going to want to discuss. I am going to want to discuss with you. Lehman/But I think the critical thing is- Woito/But basically the policies generally track other cities in Iowa. Lehman/But the critical thing is the policies in effect at that time are the only policies that are relevant. If they are wrong, we change them. Woito/Right. Lehman/But if they were in effect at that time and our employees were following those policies, that to me, is the .relevancy. If we need to change them, let's change them. Woito/Right. What I will eventually, as I said before, want to talk to you about is some tactics. For example, how you perform safe open door building search where your gun is where the finger is on the trigger. Lehman/That is not relevant. It is now. Woito/It is to me. Lehman/But it wasn't then. Woito/Well, anyway. I am learning a lot about this from various' people. Lehman/We all are. Nov/Ready? 8. Baker/I will start with Steve and R. $. may have to follow up on this, going back to the drawn weapons policy. My original questions were about training and now I want to talk about reporting those incidents. I look at the city council questions and I am going to go back and review all of them. But 7, 21, and 31. The answers to those questions seem to me to be almost contradictory. Atkins/Okay. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 16; Baker/We have a policy since 1991 that requires the reporting of a discharged- Atkins/In the case file, yes. Baker/ A drawn weapon. But you have only got statistics for 1996 and clarify how were records kept, how are records kept, why do we only have them for 1996 and to me, this is the comment, the figures seem low. Atkins/I will comment on what I can comment on.for you. The question posed three years. We apologize, we could only get one year. Just simply the work involved. If you wish to get additional years, we would be happy to do that. But as you saw from the answer, it required hand sorting 64,000 calls for service, 11,000 case reports and the case identified the actions on the part of an officer and that is (can't hear) information that was culled out. Baker/There is not a computerized record? Atkins/There is now because we have a specific use of force report, a separate document, a separate everything. We have 11,300 cases that are somewhere identified in a computer. But they have to be pulled out case by case to pull out that particular item of information. Baker/All right. Atkins/Okay. Now what was the other one you wanted to go into? If you wish to have additional years, folks, I mean it is just a matter of we will have it done. Yeah. Baker/ On the question of how often weapons are drawn for 1996, you are telling us it happened 31 times. That seems to me to be an unrealistic figure and that is just subjective judgment on my part. Arkins/And I think R. I. will have to answer that. That information. verifies it. Could there. have been circumstances, I don't think there is any doubt that there could have been that was not officially recorded. Baker/Are officers required since 1991 to report every time they pull their weapon? Winklehake/Not when they pull their weapon, when they use the weapon. There is a difference most departments make between simply drawing the weapon and using it. The ones that you have here reported are going through the 64,000 some calls This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 17 where we have been able to verify that someone did something with that gun at that time. It is in the body of the report. That is the reason it is so difficult to find them. You have to read the r6port. The requirement was to have it in the body of the report. And that is what they did. The reports we now have put in place is a separate report. You are going to be able to get it with a computer. We can go back and look at '95 and '94 as well. As'far as only 61 times, I agree, because whenever there is an alarm, I would think that an officer drew their weapon. You are not going to see that in the reports though. Baker/Explain the difference between drawing the weapon and using the weapon. Winkelhake/The drawing of a weapon, I guess in my perspective, what I would look at is if he used it as if there are people there and I have it out and you are seeing that weapon. That to me is using it. Norton/Seen by others in other words? Seen by others is what you mean by displaying it? Winklehake/That is my perspective of it, yes. IfI go to a bank alarm and I draw the weapon and there is nobody there, I have drawn the weapon, that would not necessarily have been reported. And I think that is in some of the other policies as well. Baker/Okay, so they are not required to report anytime they draw their weapons. It is just when they draw their weapons with the potential of interaction with- Winklehake/Now they are. The policy that I have changed says that if you draw the weapon, you write this report. Baker/Regardless of the- Winklehake/Doesn't matter. You draw it. A policy, I think, is in here. You should have a copy of it and it says drawn weapon. Nov/And that is the green sheet that is in here? Winklehake/I- Is that where it is? It is in the green, yes. Baker/And I think in there somewhere you also talked about how there is_going to be a year end report on information like this. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 18 Nov/We are going a little too far here. Let's worry about year end reports in a different question. Baker/All right, fine. Nov/Let's move along. Thomberry/A follow up question, right. Baked I can always come back. That is all right. Thornberry/New subject, right. 9. Kubby/So I think that I just heard that the least- The information we have about what our open door policy was on August 30, '96. That we can trace it back to '62? Woito/Yes, as an unwritten practice. Kubby/Okay. And were there any changes made between that time and August 30th? Woito/ The only thing that we know was the memo from Harvey Miller in 1985 that was uncovered by one of the police officers. It wasn't available in my office. It wasn't available in R. J.'s office. Kubby/So, it is curious because a lot of business owners have said that they and even Jay Shaw had said that when there was an alarm, he had been called in the past and that there was a different protocol going on. So where does this difference in how different open doors are treated come from? That inconsistency.. If it wasn't an official change of policy whether it was written or unwritten. Winklehake/Them was no change in January of'96. I am not quite sure what everybody is talking about because they haven't given me an incident what that was. There has always been options available for officers, such as depending on situation, they may well call somebody. But that doesn't mean the building wasn't searched. It doesn't mean the building wasn't checked first. I don't know the circumstances that were talked about. So I really can't give you a good answer other than to say · it has always been an option to call the owner. If we go on alarm and the building · is secure, we are going to call an owner. If we find a building that is not secure, the officers may well have checked it and then called the owner. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 19 Kubby/Okay, so it may be a circumstance that this policy of open doors which seems like' it should be written because it is such a common incident to happen in a community with lots of commercial areas. That there can be inconsistencies and there is not a set protocol because it wasn't written down or trained specifically based on that protocol. Winklehake/I think one of the concerns you would have is a set of circumstances the officers have when they arrive. They still have to be able to make some decision based on what they are faced with. Nov/Thank you. 10. Norton/R. J., this may very well be for you. It is- Are you really fully satisfied, I am assuming you are familiar with. Are you really fully satisfied with the training at ILEA, at the Academy, in this general area? That is.their concern about different techniques, safer techniques, more patience, great care with a gun because once you get the gun out, things are escalated. In your mind, even where there are no observers around, your options begin to be limited? Are you satisfied that the Academy is doing the right kind of training? And I suppose that follows on about our field training. Are we checking on whether people understand those delicacies? Winklehake/Let me start with the field training. When people are through with the field training, our field training officers will sit down and give me a recommendation whether or not we should continue their employment. We have terminated. We have- people have resigned because they were not going through the field training and progressing as we thought they should be able to. When they get through with the field training, I feel fairly comfortable that they are able to go out in the street in a squad car, provide police services. That doesn't mean that they're not very closely supervised. When you get through with this first year, the first year of training, it would normally be the Law Enforcement Academy, then our field training. That's going to be almost 26 weeks worth of training. The following, we have one year's probation. The following 26 weeks, they're working under fairly close supervision of a supervisor that's on the department. we increased the supervisory staff a year or so ago which really does allow us tO keep closer eyes on how these people are working. From that standpoint, when they're through with our field training, we feel fairly Comfortable. As far as the law enforcement curriculum, there are always things that I think can be improved. Much of the curriculum is set by a council. And that council does receive input from various police chiefs and so on in other areas across the state. Their training is based on all different kinds of departments. Our field training goes directly to us. One of the This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 20 concerns that I've always had and if you look back in your budget, you'll find that I spend quite a bit of money for training, is I'm always concerned about the quality of training that we're doing and the need for more of it. And we send people to quite a bit of training including the Quad Cities, because that's one of the few places that we can get the training that I think we need 6n a more regular basis because the Law Enforcement Academy does not provide much of the training that I would like the officers to have. That's the reason we spend our money at the Quad Cities. IfI could get that in Iowa, I'd be more than happy to do it. Nov/I think I'm going to pass this time and let somebody else carry on on that training if they want to. Norton/Go ahead- 11. Thornberry/I'm going to try and put you on the spot, the three of you, Steve Arkins, Linda Woito, .and R.J. Winklehake. And I'd like each of you to respond to this one question if indeed you do have a response. After reviewing police procedures for this length on time, are there any policies that you've come across that you felt are iffy or should be changed? ·/(Can't hear). Thomberry/Regarding the police department. Arkins/Are there policies that should be changed? Yes. Kubby/There are 22 of them outlined in your report. Lehman/It's in the back of the report. Thornberry/Why? Arkins/ Why? One is that I think we have a community standard here that we have to recognize that has to be articulated. It has been a practice. It needs to be spelled out specifically. I think that will help represent our officers that much better when they're out and about in the community. I think it will help them be better represented when we end up in court. I think that there are number of things that can be changed. But I can tell you about lots of departments, lots of changes we can make. But yes, I think there are things we should do. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 21 Thomberry/As a follow-up, as half of my follow-up question to Linda, are there any policies do you feel- Woito/You are not going alphabetical? Thomberry/Are there any policies, police policies, that you feel are illegal? Woito/No. I mean, the way you have asked the question is like when did you stop beating your wife. Do I think any of the policies written as of August 30, 1996 were illegal? Thomberry/Or before. Woito/ Or before. I find none of them illegal per se, as such. As you know I have expressed some concern with the building check policy. I am still doing research on it. It looks like Iowa may have well adopted just recently this last year a health and safety emergency entry into a building which might include protection of property for like an open door. What I do have concern about is some tactics that were carded out in the Shaw incident that I think we need to talk about and we need to explore how some of those tactics and training can be improved. If you are going to choose to have a policy on continuing to be able to go in on an open door without a warrant and without consent, I think we really need to.talk about tactics. Thornberry/Well, I wasn't asking necessarily about tactics. Woito/I know you weren't. I know you weren't. Thornberry/I was asking regarding the policies and it is sort of a follow up to Ernie's question. Were any policies that Iowa City had or have regarding anything since they are- you have said previously that they're widely accepted throughout all cities in the State of Iowa. Are there any that other cities should be looking at that are explicitly illegal or would find problems in the court with any of the policies, especially in the Iowa City Police Department? Woito/I think the experience that Iowa City has gone through recently is an experience that will be re-visited by most of the cities in Iowa. I just sent a letter to Bill Sueppel who is the President of the- Or he is the legal counsel for the Iowa League of Cities because as you found in your materials, the responses from the city attorneys in terms of even knowing about this unwritten practice of open door searches. None of them knew that such a practice existed. They had never This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 22 reviewed it. They had never heard about it and obviously, if they hadn't heard about it, I asked Fourth Amendment questions of them and they couldn't answer me. And so my- I think as a task for the mayors and the city manager professional group and city attorneys, we are all going to be much more cognizant of things like this because walking into a building does call into question Fourth Amendment questions. And in terms of the practice in Iowa and the Eighth Circuit, I still haven't gotten through all the cases that I need to read to give you a real finn answer on that. Thornberry/And that will be forthcoming? Woito/That will be forthcoming just as soon as I can get it done. Kubby/And we did decide that information would be made public as soon as we got it? Thornberry/Yeah. Woito/Yes. I see no reason for it- Kubby/Just FYI. Woito/My entire document and some of the people I have talked to. One of the gentleman who is a trainer from the ILEA, he wants a copy of my memo. I mean, other people have expressed they want copies of this because we are breaking new ground on this unfortunately. Thornberry/Are there any policies, R. J., that you would like to see changed or think that there might be a problem with? Winklehake/As far as policies, we are continuously looking at what we do and how we do it and reevaluating it and making whatever changes we may need to because we are, we have the court decisions, we have local court as far as how we can deal with things, for instance, domestic violence. These kinds of things. There is always a review of these policies. How can we deal better with that and that is an ongoing kind of thing. So, to sit there and say this policy or that policy, we routinely will take a look at the policies that we have ai~er a couple of years just to see ones, if they need to be updated and then if there is a new law, Linda's office makes us aware of something, we are going to change that. So there is constant review. Nov/Dee- This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 23 12. Vanderhoeff R. J., I don't want to beat this one down but I heard you answer Larry about the drawing of the sidearm and what you described as using the force with the drawn sidearm and we had this new form to fill out and I am curious whether we have a written procedure about filling this out that describes what we are going to be measuring when they come to the box that says drawn sidearm. Winklehake/Which box are we talking about? Vanderhoeff Right in the middle. You said- Winklehake/Type of force used? Vanderhoef/Under physical force, non lethal weapons, drawn sidearm. Winklehake/Baton, is that what you are talking about, PR-247 Vanderhoef/No, I am talking about the sidearm which I presume is the gun. Atkins/Is it a definition, Dee, of the term drawn? Vanderhoef/It says drawn in that context. Okay, and you stood and told Larry in an answer that to you, to draw it and go to the bank and find no ono there, that wasn't a reportable. Winklehake/No, no. I think I was using the term the difference between what I thought was use and not using it. In this policy, you draw that weapon out of the holster, you report it. Vanderhoef/EverytNng? Lehman/For whatever reason? Vanderhoef/For whatever reason? Winklehake/Yes. Vanderhoef/Okay, that is what wasn't clear and that is what I wanted to be sure was clear. When an officer had this in their hand and said all right now, I didn't use it- This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 24 Winklehake/No, it says draw which means you remove it from the holster. It does not mean- Vanderhoef/That is anytime. Winklehake/When you are on the firing range. It does not mean when you take the gun out, unloading it and downstairs putting it in the locker. That is not what I mean here. I am talking about you're working the street, you are outside. Vanderhoef/Okay, that's- So we know what we are counting is what I mean. Winklehake/This is a separate report that is very easily retrievable. We don't have to go through 60 some thousand reports to find that. Vanderhoef/No, I understand that. It was just the definition of what you were going to be counting. Lehman/Don't sit down yet, R. J. 13. Nov/I want to clarify one thing. This is not just a report of drawn weapons. This is a use of force report. So that even double locking handcuffs is reported on this form. Norton/Anything over Level II. Winklehake/The difference between this double locking, not to confuse you. On a number of arrests, there is on the arrest sheet where the person is charged, we have that code where they can mark it on there. This is if there is additional force that is necessary where they have to fight somebody. You mark it on here because there was additional force that was used and a follow up is- Just about every time we transport somebody, you are handcuffed. That is a matter of safety for yourself and the officer as well. And that does require handcuffs and we require double lock. Double lock means you can't squeeze them together to hurt your wrists. 14. Lehman/Well, my last was probably one of the most important questions as far as, I am concerned personally, as far as our policies being consistent. I guess my next question and probably just as important, did we follow our own policies in the case of Eric Shaw? Winklehake/I think we followed the policies to the point that Officer Gillaspie had that gun go o~ There is some variances in there. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 25 Lehman/BUt I think those two questions, for me as a council person and I think, you know, as an elected representative for the people of this community, those are the two most important questions I have. Were our policies correct? Did we follow those policies? Now I understand that we had an officer who made an error in judgment. Is that correct? Winklehake/Yes. Well, yes, it was a mistake made. Lehman/But aside from that, we have followed our own policies. Winklehake/The policies that are in place, there are a whole list of things you can do. Lehman/Right. Winklehake/And I think the term has been used is whether or not he did anything wrong or could we have done it better. And I think that is probably the term. Lehman/But aside from this error in judgment, were the rest of the things that we did from the time of the. incident until the DCI arrived or whatever, were these all according to our own policies? Winklehake/From the time of the incident to the time DCI arrived? Yes. Lehman/Thank you. That answers my question. Nov/Larry. 15. Baker/Let me shift a little bit here and this is a question, I think, probably for R. J. Part of the reason for having this discussion is to understand policies and procedures of the Police Department so we can try to clearly understand if indeed there is responsibility for actions, who is.responsible for what. So with that, I want to talk about the chain of command within the Police Department. A few days before the Shaw shooting, there was a potentially comparable incident across the street at the Dodge Cleaners. It has been reported, R. J., that you did not know about that for a week. Why not? What is the chain of command? Because when I look at question #26 of the Council Questions, the answer given is that part of your daily routine is review of incidents, prior day incidents. Why wouldn't that have qualified as an incident? Was it? Who knew about it? Would you discuss the This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 26 chain of command and your daily supervision. How much you know about the daily activities of the department? Winklehake/The chain of command, obviously, the Police Chief, and then the way the departments are set up, we have two divisions. Administrative Services which is headed by a captain which at the present time is vacant'. And the other one is Field Operations which is also a i:aptain. And then beyond the.captains you have lieutenants. There are 3-4 lieutenants, one in charge of investigation and one in charge of each of the three patrol watches. Each of the patrol watches also have two' sergeants assigned to that watch with a varying number of officers. There is another sergeant in investigation and another sergeant in planning and research. And I think you said it was two days before this? Baker/A few days. Winklehake/When I come in in the morning, as in here I think, we talk about different ways that I find out different things. There is a print out, a chronological print out of everything that happened in the last 24 hours. I review that. There is some very basic information, assault case, alarms, open door, whatever that is listed out. Location, where it is, officer, the time and the date, the time that the call came in and who handled it, that kind of thing. In addition to that, the captain and you are talking about incidents, he will also have that. The watch commander, depending on what the situation is, will brief the captain. Somebody had asked me the date that the captain knew about that and that was just asked the other day and I can't tell you, the captain is not here right now. I can't tell you what date he knew that. He told me that there was that situation. I can't tell you exactly that date. I don't know the date. Baker/That was not part of a written summary? Winklehake/Pardon? Baker/That incident was not part of a written summary that you would have gotten.9 Winklehake/That particular one, there was a report written, that I did see that. I can't see that. I can't tell you what date I saw that. I know it was after the individuals there had come into the station and talked to the captain. Baker/Okay. But when I read the answer to question 26, I read it as you get a daily report of what happened the previous day. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 27 Winklehake/Yes. Baker/And if that was in a daily report, then you would have known about it the next day. Winklehake/The daily report that I was talking about here would have something and I could probably get the report to tell you exacfiy what is said. But it probably had something like an open door at such and such a location. There is very basic information there. It is just a chronological. It is not a written report of several pages on each case. Baker/And so you didn't know the details of that report until several days later? Winklehake/I don't know how long exactly that was. I know you said a week. Baker/It is not in this report. Winklehake/Then I am not sure. I can't tell you. I don't know because I didn't talk to the captain. I cannot tell you what date that was when I knew about that. Baker/All right. When you did find out about it, was there any other follow up investigation or going back through the chain of commend then, especially since the individual involved was concerned enough to contact either you or the department? Winklehake/Yes. Baker/How did you follow up on that? Winklehake/Captain Harney had discussion with the individual who make the complaint. He was following through with that, talking to the supervisors and to the officers that were there on the scene. Then somewhere in between we ended up with the media and an attorney involved in that. We haven't heard from the people since that time. We did review what they did. In fact, it was even a discussion I had with county attorney on that particular issue and it was decided that given the set of circumstance that they had at that time, that the officer was correct at drawing the weapon. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 28 Baker/All right. So in the chain of command, if you only got some sort of a bare bones description of an incident, that is a decision made by the person that prepares that report that that is all that you need to know? Winkelhake/I am not quite sure. Nov/Larry- Baker/Now wait a minute, this is- Nov/I understand that he gets a listing- Not a report. Baker/ I am trying to determine responsibility in the chain of command for what turned out to be a sort of, in the minds of many people, an exemplary incident of poor judgment and that is what I am trying to determine. Why you wouldn't, who makes the determination that you know X about an incident and in this case, the judgment was that it wasn't important enough and sort of- Winklehake/No, I received the written report of what occurred. It was after the captain became aware of it and the reports were prepared and I did see those. I can't tell you whether that was two days or three days or if you said a week. I don't know. I don't recall. Baker/Would you follow up on that and get us a clear chronology? Winklehake/Sure. 16. Kubby/I want to go back to field training officers and I guess I am interested to know how many field training officers we have? How long have they been on the ICPD force and how- Well, I guess that is the important part. I guess I really want to know how old they are, as well. That may indicate experience. R. l., I asked how many field training officers we have and what is their level of experience in police work? Winklehake/The number of officers vary because after we train them they will do the field training for a couple of years and then they don't want to do it any longer. So we continually train people. We have four being trained within the next 30 days again and that will be four different ones. Kubby/So there are four at a time? This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 29 Winklehake/No. We train them whenever we can. This time we have an opportunity to send two to one school and two to another. So we are training four of them because through the promotion process and other assignments, we have depleted pretty well the number of people we had doing field training before. And what we try to do is keep, particularly with the turnover that we had, just be new people coming on in the department and retirements, we are doing field training almost consistently and people get very tired of it. They get burned out, I guess that is a better word to use, doing the field training. We try to replenish our supply with new people as we can. The average age of the officer, I would have to go check on the individual officers. It would be strictly a guess if I tried to tell you how old they are right now. Years of experience will vary. There are some officers that don't want to do this and suddenly when they are on 15 years, they decide, hey, I want to do something like that. We some officers that are 20 year veterans that they are doing it. We have other officers that are fairly new. It depends on what-how they are doing their job. It is more based on performance than it is you have to be on the department X amount of years. Just because somebody is not in the department let's say 20 years, you may have one year's experience repeated 20 times. Or you may have somebody else that has been there four years that does an excellent job and you may well want to use that person as a field trainer. Each person, when they have field training, are exposed to different field training officers. Part of that is so that you have different points of view of how you are handling the call. Some people are very good at sitting down and talking. Others may be by the presence and so on. But you can pick and choose what is going to work best for you and hopefully by having 3-4 people explaining how to do things, you will see how say Larry does something and maybe that is going to work for you versus the way that Ernie may do it or the way you may do it. That is the reason we try to expose them to at least 3-4 field training and we do keep training new people. Kubby/Is there a way we get feedback about our training from our field training officers or maybe why some people choose not to do it? Winklehake/Yes. Some people have chosen not to do it because theyare going back to school and they don't want to go do field training while they are attending the University. They will attend courses. Others simply I don't want to do it anymore. I have done it for three years, I don't want to. Kubby/Do we have- I am sorry, I didn't ask my question very well. Do we get feedback our field training from people who are field training officers to make amendments in how we do our field training? Or from people who observe field training officers This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 30 who have chosen maybe not to be a field training officer because they don't want to or don't like the training? How often do we update that? Is it based up on officer- Winklehake/This training was updated probably within the last 18 m~nths. Sergeant Lalla is in charge of our field training and she updated this before the group that we hired with the Law Enforcement Grant. That would have been, we hired them August of'95. So this was updated probably through the summer of'95 1 would think. Kubby/Was any of that update based upon officer feedback? Winklehake/It is based upon a various training models that we have for field training. A component of that is Sergeant Lalla also deals not only with the officers who are being trained but the field training officer as well to be able to update and clarify anything that needs to be changed. Kubby/So the answer is yes? Winklehake/So that part is yes, that it would be. 17. Norton/I guess this is again maybe for you, R. J. Who controls or authorizes the duty time for officers7 Winklehake/Officers are assigned regular scheduled days off and that is for an entire year. You can go in and take a look and find out who is going to be working what days for the entire year. Norton/What about if somebody wants to work extra? Who controls that? Winkelhake/It will vary depending on what that situation is. We have court time that is assigned through the court system. They have to appear in court. They need to be paid for that. We have no control of that. Other case, you work on a case, you have to complete the case, that is individually. There are others that we post. If you want to work overtime, here is a list of overtime available, and then we would use equalization within the pay periods. to be able to do that. Norton/Are there limits as to how much a person can do in a particular week or month or whatever? This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 31 Winklehake/No, there is no policy in the city that limits that. 18. Nov/When we are talking about a new officer who was in training, you said there was a probationary period. Was that one year? Winklehake/The probationary period for a new officer is one year. Nov/Okay. Winklehake/From date of hire. Nov/Okay. Now they had some experience on their own before the end of the year..How many are staying? How many are leaving at the end of the year? Do we have people who have been there for a whole year and then decided not to do it anymore? Winklehake/No, the only people that have left are those that we have chose to initiate their leaving. Nov/Thank you. Lehman/That was a nice way of saying it, R. J. 19. Thomberry/Urn, geez, I don't know how to put this delicately. Lehman/Dean, you don't put anything delicately. Thomberry/Maybe I ought to have somebody else ask it. How closely and how often does the Police Department and or the City work with Pat White? In other words, the County Attorney read a statement or made a statement regarding the incident under question and there has been some criticism, a lot of criticism, regarding that statement being that the perception is that Pat White Works very very closely with the ICPD and the Iowa City staff and administration. Does he, in fact, work on a daily, weekly, monthly basis with the city and the Police Department? Winklehake/As far as the Police Department, he is a county attorney and any prosecution for state charges has to go through his office. So there is a necessity for the officers to deal with it. That is true. Thornberry/How often does this happen? This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 32 Winklehake/It depends. It could be daily. In some cases, investigations, they will ask for his review on cases or somebody from the staff. It could be daily. Thomberry/So perhaps that the charge that the county attorney is in bed with the ICPD is accurate? Winklehake/I would not say that. Thornberry/Okay. What would you say? Winklehake/I have been in Iowa City for 8 years. I don't thihk Pat White would ever stop and not file charges for any reason that he may know somebody. I simply don't think that he would do that. Nov/Dee. 20. Vanderhoef/Okay. R. J., w.e have had an opportunity, a few of us at least, to see the new firearms training systems know as FATS and I would like to hear your assessment of what you think this could do for the training of your officers. Winklehake/It would certainly enhance it. We do not have a firing range: If we are going to fire a weapon, we need to go to Cedar Rapids. We need to make arrangements with Cedar Rapids to use the range. The firearms training system not only is something that we would have here that we are able to utilize on a regular basis, but it also gives you actual scenarios to go through and those scenarios can be changed so that the officer may have the same beginning but they a{e going to go all over and you can escalate the use of force or de-escalate the need of it. I think it is a training and the more that we have read or more that we are aware of and I think Linda will look at training as well. That the better you can do things such as scenarios to' make it as dose to real life, the better you are. I think it is only an enhancement. Vanderhoeff Okay, as a follow up then. How otten would you expect your officers to use this system? Every month? Every two months? What would it look like as far as- Winklehake/If we had it here, I would expect that we would use it at least monthly, everybody. ~ Vanderhoef/Everybody? This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 33 Winkelhake/Yes. Vanderhoef/Okay, thank you. 21. Lehman/Don't sit down, R. J. I hate to pick on you. Obviously this council and a lot of folks in this room care very very much about the quality of our law enforcement folks and I think we all care about you. Now we have heard a number of comments and a number of questions regarding the number of times officers have drawn their weapons. How often do they fire those weapons, not counting the shooting of an animal that has to be destroyed or whatever? Just how many times do our folks fire their weapons, number one? And number two, how does that compare to other cities in the State of Iowa? That is probably not a fair question. I should have given you some lead time. Winklehake/When you talk about firing their weapons, using deadly force? Lehman/That is fight. That is right. Winklehake/How many times have we? Lehman/Right. Winklehake/In the almost 8 years I have been here, one time. Lehman/How does that compare to Cedar Rapids, Des Moines, Waterloo, Davenport? Do you know? I don't know. Winklehake/No. No, I don't. I do not know. I have no idea. Lehman/Well, I guess I am not nearly as concerned with how frequently an officer draws his weapon because I think that is discretionary. He does what he believes to be the right thing. I am really concerned with how ot~en he fires that weapon and over your tenure and I think you can go back a lot of years, very very few shots have ever been fired by an Iowa City police officer at. any human being. Winklehake/I probably just answered your question. Because when I said how many times they have fired it, there have been four inddents where guns have been fired. One time where somebody was hit. The other time was a warning shot and two other times on an accidental discharge at the range. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 34 Unknown/In all cases, officers were disciplined. Winkelhake/Yes. Lehman/In any event, I guess the thing that I would like to ascertain and reaffirm in my own mind is that I believe that we have a very very fine police department. That we may have had this tragic accident that resulted ina horrible death. But overall we have got a fine group of officers, well trained. And if we fired one time at somebody in 8 years, two accidental discharges don't count, a warning shot which we can't do anymore, doesn't count. Now we are in a city of 60,000 people. You hear the news and you watch the news, you see what happens in other cities in the State'of Iowa. I think you people do a magnificent job. Winklehake/For the warning shot, it was not appropriate when that was shot either. Lehman/It is illegal now. Winklehake/I agree with you as far as the officers in the community. I think it is a great community and I think we have a good police department. Nov/We have a request for a council break. I declare a five minute break. Council members who brought their calendars, I have a little chart that I want to discuss. [Council Break] 22. Baker/Okay, I think this is a question for Linda and possibly R. J. In the Council Questions and Answers, #18. about what the DCI was doing. Part of the process outlined in that answer said "a search warrant was prepared to conduct a search of the crime scene." This was about at 5:00 in the momi~'ng. What was the crime? And is this sort of post-action warrant issuing? CHANGE TAPE TO REEL 97-20 SIDE 1 Winklehake/The warrant request was made, I believe, by the County Attorney and the DCI. Karr/Do you want to adjust the mic, R. $. Thank you very much. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 35 Winklehalted The DCI requested and the County Attorney requested that a search warrant be obtained. That is normal policy. As far as I know, normal policy for the DCI to do that. That when they are going to go in and do a search. Baker/Whenever they investigate, standard policy? Winklehake/Whenever they have worked on a shooting incident here, that we have always gotten search warrants and that is on the advice of the County Attorney's Office. Baker/Okay. First question, what was the crime? It is called a crime scene, what was the crime? Winklehake/The crime, it was an investigation of a homicide. Baker/Okay, thank you. Nov/Karen, go ahead. 2:3. Kubby/I want to go back. Larry touched upon it but I am not sure I heard the complete answer. I am looking at question #7 in the back and #27. The answer to #27 when asked about accurate records of how often officers draw their weapons, it says that the 1991 policy on use of force required a report and I assume this means require a report of drawn weapons. Is that accurate, that part of the answer to question #27? If it is, then why don't we have full records for 1996 on how often guns are drawn? The answer earlier today was that we may not have all of those recorded because it wasn't required when a weapon was drawn. Winklehake/The problem you have with the 1991 was that it was required in the body of the report which requires reading all of the reports. Kubby/Okay. Well, then in 1996 when we answered question #7 which has to do with keeping stats on drawn guns including the use of those weapons, we were just told earlier today that you went through all of those case files and read all of the reports and that we might not have- In the body of the report, officers may not write that down. So they may not all be recorded and I know Larry said this before, that it seems contradictory. Can you help me through that? Winkelhaked The report of drawing weapons, we talked about if it is used, where it is displayed, somebody sees it. where we talked about drawn on all of them is if you This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 36 have the gun out and we went to an alarm and nobody was there. They would not have that in that report necessarily. Kubby/Okay, so your definition of drawn means in the presence of a body. Winklehake/At that point, yes. The policy we have put in place does not say that. It says you draw it, period. Kubby/Okay, thanks for going through that again. And in the body of this question and also of question #7, it also asks and since we only got one year, I would hope- Basically, the question is not answered. In looking at who are the individual officers who are drawing the weapons, what is their years of experience on the force and their training history. Will we be receiving that? Winklehake/We realize that that answer is not complete because we only answered what we were able to gather in that period of time. Atkins/We intend to take this and answer it completely, Karen. It will take some more time. But the identification of trends, yes. We intend to prepare a more comprehensive answer for you. Kubby/Do we have any kind of a time frame on some of this? Atkins/How long did it take for that other? Winklehake/This one? ' Atkins/Yeah. Winklehake/We started that about 3-4 weeks. Atkins/Okay, so it takes about 3 weeks to get through all of the calls. Kubby/I assume that we have the officer's name so that we don't have to go through 64,000 of 1996 to get that information for the previous one. Atkins/Give us a target of about 30 days, I will get back with you. We are intending to give you a complete answer. It is just that hand searching took a lot of time. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 37 Kubby! Because it kind of goes back to Ernie's comment really that it may be that them are all- that all officers are drawing their weapons at some point in time which may be expected. But there may be certain officers who are drawing them more often than others. Maybe it is their experience, maybe it is their training. We don't know that until we have that kind of information. It will help us focus on what our next step as a policy body. Thank you. Nov/Thank you, Karen. Moving on. 24. Norton/I am not sure to whom this should be directed. But what aspects of the Quad Cities Policing Model have we now seem inappropriate to this community and if so, why did we adopt it in the first place? Have we seen the light or something? Winklehake/First of all, when you talk about a Quad Cities Policing Model, I am not sure what that is. The only thing- Norton/Well, it is referred to here in the report. Winklehake/I know but there are two different things there. The only thing that we have ever used with the Quad City Model is use of force. I don't know what the Quad Cities Model Policing is in the question. Norton/Was the aspect- Let's focus on the one you know about then. Was that a model that we now have rejected? Why did we adopt it in the first place.9 Winklehake/What we did was we had a 1991 model before us, it was training that was offered through the Mobile Training Unit that we attended. We had all of our officers attend. City Attorney's Office attended it. And a decision at that time was that that was a good model to use. It was being developed for 73 other agencies that were going to be using this model. And it was decided that that was a good model to use and we did adopt that. In reviewing this situation, City Attorney, City Manager, and I have all looked at these things and we agree that the model the International Association has gives a better explanation and gives more detail and is a better model. what we are looking to do, what I am looking to do is utilize our use of force, the pictorial part of it into the model that the Chief s of Police recommend. Norton/Can you or somebody characterize that model a little bit more cieady for my benefit and that of the listeners? This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 38 Winklehake/Which one? Norton/The Quad Cities Model with respect to the use of force without going into a long session. Just characterize it. Winklehake/Okay, it is in here. What that does, it's a fairly short order that says here are things to remember and then it gives you a graphic for five different levels of force. It explains what the level of force is and a proper response to that level. It is a basically graphic model. Many models are either narrative or graphic and this one is very much graphic. It gives you a graphic illustration of it. Norton/Does it permit progressing up that ladder too rapidly or something? Winklehake/No. Kubby/That may indeed be a community standard question, too. Nov/I understand that they are not differing in the way they are using force but in the way they are training to use this force. I am still not quite understanding this one. Come back. How does the Quad Cities Model use of force different from the recommendation of the Police Chiefs Association other than diagrams versus narratives? Is it a different style of training? Winklehake/No, it is not a different style of training. There simply is different format for presenting it. There is more narrative to the International Model than there is to the Quad City Model. As far as the International Model, you can or do not necessarily have to have a graphic of the use of force but you can. Nov/But the progression on use of force does not change from one situation to another. It is just better explained? Winklehake/I believe that is probably from the legal standpoint. Leave her answer that one. Woito/The model of a continuum with a colored charts requirements some explanation. The video that was prepared by Matt Johnson and Tommy Widmer and Anne Burnside is a very good video. I don't know if any of you have seen it on training and use of force. However, that graphic does not contain the plain English language out of the three major U.S. Supreme Court cases on use of deadly and This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 39 excessive force. And it is not difficult to say, it is already included in the International Chiefs and I would just prefer to use plain English. Nov/So you could use that narrative, you could use the same video, you could use the same diagrams? Woito/Right. It is just using both instead of just one or the other. Actually all three, the narrative, the diagram and the video. Nov/Thank you. 26. Thornberry/In today's Press Citizen, the United States Attorney, Don Nickerson is quoted as saying I want to get this moving along to get this matter resolved. It is best for the Shaws, for the Iowa City community and for everyone else involved. Mr. Nickerson said he would push the Department of Justice to quickly consider his investigation into the death of Eric Shaw. The investigation by the United States Attorney, was that the FBI investigation? Was that an investigation by the FBI? Woito/ It is an investigation that was initiated by the U.S. District Attorney's Office in the Southern District which is where we are and apparently he chose to bring in the Department of Justice and the FBI to assist in the investigation and people here in the community have cooperated with the investigators and we have made people available to them if they wanted to interrogate them. Thornberry/Okay, so not only was the DCI investigated-was the first investigating team on the scene of this incident but then the FBI has also investigated the incident? Woito/More recently, yes, I think that has started a couple of months ago. I can't remember when the FBI got involved. Thomberry/They weren't just following up on the DCI, taking their reports and going through it to see if there was anything left. They did their own investigation? Woito/They are doing their own. I mean, anybody that does an investigation, if someone has already done some work, you are not going to reinvent the wheel. You will read what they have done. Then you will go out and you will have your own questions and you will get those questions answered. Thomberry/Okay, now this was turned in to the Washington, D.C. Is that correct? This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 40 Woito/Yes. Thomberry/This report just recently? Woito/That is what I understand and my only understanding of that is from the newspaper. I know that they have been talking to people in the communi.'ty because Jeff Gillaspic, I know, was interviewed by one of the investigators. Thomberry/It was mentioned that Don Nickerson was going to Washington to try to push this thing to a conclusion more rapidly than letting it languish on somebody's desk. Who will be drawing a conclusion from the FBI investigation? Woito/The decision will be made by someone from the Department of Justice which is basically someone who works under Janet Reno who is the Attorney General for the United States. I mean it is that Department of Justice. It is the legal department for the federal government. Thomberry/Will there be somebody in contact with Don Nickerson, the United State~ Attorney? Woito/Yes. Thornberry/On a ongoing basis so that we can get an answer as soon as possible? Woito/Anybody that can get an answer quickly out of Washington, you know, God help them. God praise them. Lehman/Or any attorney. Woito/Yes or any attorney. Nov/It is something we can't answer. Thornberry/I would like to know as soon as they know. Woito/Well, we all would. I agree. Thornberry/Okay. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197. February 1, 1997 Council Work Session page 41 27. Vanderhoef/With our open door policy being' changed, I would like to know since this is a deviant to what is common practice in Iowa as we have seen in the things you have gotten from other cities. Then I would like to know from a policing standpoint how you feel about the new policy in respect to the safety and execution of the policy by the police officers themselves. Winklehake/I think the policy is very reasonable and can be followed without a great deal of difficulty. Otherwise we probably wouldn't put it out. Vanderhoef/Do you see some disadvantages? Winklehake/Yes. Vanderhoef/Would you like to elaborate on that, please? Winklehake/One of the concerns is if you secure a building, you still don't know what is inside. You could have an owner in the building who, something could have happened to him and you are not going to be going in there. You are going to try to reach that person by phone. So there is a down side to that. That is a concern and officers have expressed that concern. They are very much concerned that they will respond some place, an alarm has gone off and they are not going to go into a building because they can't get a hold of an owner at that point and there is no obvious break in, sign of a break in. They are concerned about that because them may be somebody in there that is hurt and we are not going to go in. That is a down side, very much so. Vanderhoef/Thank you. Woito/But we have knowledge that someone is in there and it is an emergency situation, that is one of the exigent circumstances that would permit entryway into a burning building or whatever. Vanderhoef/I understand that. However, there are times that there is someone there that you cannot hear, you cannot see them, you have no way of knowing. 28. Lehman/Well, I guess that probably is relevant to the question I have. As I read through this huge report, I read the, you know, the State Training Manual. I read the Iowa City Policies and whatever and I can mad in any of those that we should not enter a building without announcing ourselves and two pages later it says you announce yourself as a police officer. We give the police officers a certain amount This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 42 of discretion which I think that is, I mean I think that is absolutely necessary. But in reading our own policy and those of the state, they say two different things. I mean we can go in unannounced and then two pages later it says you don't go in without announcing yourself. What is an officer to do? No I think one of the questions came, why wasn't there a warning to Eric Shaw? I don't know the answer. But in reading the policies, the officer was right and he was wrong by our own policies and by the same policies put out by the state. I think there is a contradiction there that really really needs to be corrected. Kubby/Are you saying that Iowa City's policies says give a warning, a verbal warning that an officer- That is not how I read our policies. Lehman/I think it says both things. Thomberry/The training does. Norton/The Training Manual (can't hear). Kubby/Maybe you could clarify this. Nov/We need to clarify this. Lehman/But I find that to be confusing. Nov/Okay, R. J. might be the person who trains. Would he be a better person to answer that? Woito/I don't know. You are right, in the building- Lehman/Is that correct? Woito/You are not missing anything at all. The building search section of the ILEA Handbook lists a number of things that the training officer and I talked to him yesterday, that he talks about. And I say I have read 15 cases on open doors. 15 or 20 cases from all over the country and many of the officers announce to identify themselves and he said well, I go over that in the training but what you lose is the element of surprise. Talk to one department, they say "we always announce because we want to give the person the opportunity to surrender." You talk to another department and they say "we don't announce because we don't want to This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 43 lose the element of surprise. We want to have that on our side." And I think you need to have that discussion because it is a tough one. Lehman/I think there needs to be resolution of that both for primarily for the sake of the officer. Woito/For the safety of the officer, I agree. Lehman/He knows what he can do and what he can't do and the way I read this, ifI am an.officer, I can go blasting my way in there, announced, or I can stand outside and yell Iowa City Police, come out with your hands up. I can do either one. Woito/I think that is true. Norton/There are other options. Lehman/I think that they are conflicting. Woito/And that is why I think we need to spend some time on training tactics and- because there are different tactics of a way to go into a building that I am finding out and those need to be discussed and you will be hearing about those. I mean there is a crouch position where you point the gun at the floor and your finger is not on the trigger, and there are different ways of doing it and if they impact on the safety of our officers and the safety of our community, then we have to have a look at those tactics. Lehman/Thank you. Nov/R. J., did you have anything you wanted to add to this business of announcing? Winklehake/Announcing is always an option and each officer at the present time there is a discretionary call to make with regards to what they believe is safety. Nov/Larry. 29. Baker/I want to go back to something that Dee and Naomi raised which is the Quad Cities Model and the changes we are making for this other model. It is a change in how officers are trained. Is it a change in how they behave after the training? On other words if we had done recommendation 21, made the changes in the training, on the particular night in question, would the officers options been more This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 44 restricted? Would they have been unable to do things that they did that night? I mean, when you make a change like that, one of the expectations you are setting up in the public's mind is well, you are going to do things differently and what happened in the past wouldn't happen in the future because the circumstances will be governed by new rules. I am not clear yet on the difference other than the way people are trained, the difference between how it affects behavior. I need somebody to talk about that. Winklehake/Are you talking about #217 Baker/Is that the recommendation #21 on the Quad Cities Standards? No~o~Yeah. Winklehake/Use of force. Baker/Also, does that change search and entering buildings? Winklehake/The use of force that you are talking about, #21, if I remember the recommendation is the change it to the International Association. That is basically replacing the use of force order we now have. It is the other things that you are talking about, entering a building and so on, is an additional training issue that we need to be able to address. I think that is what Linda also said. If we had made this change prior to August, would the officers on the scene that night been required to behave differently or would their options have been narrower, more narrow? Winklehake/If we are talking about #21, there options would not have been narrow. There would not have been that impact on behavior, not with this model. Kubby/The open door policy would have been. Baker/The open door policy, that is different. 30. Kubby/I am going to switch subjects and I am looking at question #4, the Council Questions. And it has to do when an officer is involved in the use deadly force, directly or indirectly. I want to talk a little bit about why one of the officers was allowed to stay on the scene for so long and to be able to interact with the scene and with other officers and with bystanders who came up, including the Shaws. And that it makes sense to me that part of the answer was the DCI may have needed this officer there to clarify what happened, to step them through the scene This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 45 as he perceived it. But to have that officer able to help monitor and secure the scene did not make sense to me. It seemed that the supervising officer who was there a minute and a halfat~er being requested, either the officers themselves or the supervisory officer maybe should have said you need to stay here for the DCI but maybe you should need to be in a squad car and not interacting with the scene or potential bystanders. And I guess I want some explanation of why that scene is okay? There is no suggestion for change in policy about an officer who is involved directly or indirectly with the use of deadly force. To be able to have free access to the scene. That there is a way to have them on the scene to be a resource without free access. Winklehake/The officer did stay there for a period of time and originally we thought he was going to be there until the DCI came. Once it became apparent that they were going to first come over to the station, he was removed from the scene. He was not necessarily interacting with everybody. He was off to the side outside of the · taped area that the officers, the supervisors have arrived. He had 3-4 different supervisors that were there. He was off on the side. Contrary to some people, he did not interact with anybody. He was off on the side. Kubby/I am hearing different "factual" information then. Winklehake/I spoke with the officers. Norton/Did he move some things around? Winklehake/What he moved when he first went in, that was for basically to check Mr. Shaw. And he did help put a screen up because people were stopping and that was to shield Mr. Shaw from onlookers. That did occur. When other people arrived, he was outside of that immediate scene area where they had put their plastic police line down. Kubby/So did that officer interact or not interact with members of the Shaw family? Winklehake/To the best of my knowledge he did not. Kubby/The Shaws indicate otherwise when they have been here to speak with us. Winklehake/I spoke with the officer and the officer indicates. he did not. That he was there and other officers had said they were the ones that were interacting. That is . the only information that I can give you. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February I, 1997 Council Work Session page 46 Kubby! Do we know, indeed, how long Kelsay wag on the scene because he was taken back to the station by another officer? Winklehake/In the- Kubby/Is it 45? Norton/About 45 minutes. Winklehake/If you look in the internal affairs, there is an interview in there, I believe. We have what time it was when he let~. Kubby/Okay, I can go back and look it up. Norton/12:30. Kubby/So is it, then, the policy in the field of the ICPD that if an officer is involved, directly or indirectly, with the use of deadly force, that they will not be interacting with the scene. Winklehake/Oh, okay. They will be- They may be there so they can answer questions. For instance, if it is an investigation we do, they will be there to tell us what happened. With the DCI, we left him there pending their arrival so that he could tell them here is an overview of what happened which is what they would need. Kubby/They are not part of the team that helps secure the scene or monitor the scene. Winklehake/Originally when you are there, you will help. Say if you got to get the area cleared so people don't come in hem and that is taken over immediately by the supervisor that was them in a minute and a half. There was a supervisor there. Nov/Dee. 31. Norton/This is a rather broad question and directed to anyone of the three of you I expect. But- and perhaps to ourselves, any of these questions after all, are directed to ourselves as well. I guess I am curious about why, and surprised, about why we have not been in the past more systematic in having our legal staff review and sign off on police policies, general orders, and so forth7 1 am not sure who should have This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 47 initiated that. Certainly we could have. Anyone of us, any one of you three could have, I am sure. But how did that happen to be the situation at the moment? Winklehake/I think if you are looking at the recommendation? Norton/I am looking at it before the recommendations. But I keep wondering wow. What were we doing before? Winklehake/The recommendations say make sure they are listed on a distribution list. The reality is if there is a general order, those are, in fact, were given down to city legal or whoever our representative in their office would be to look at those. Since I have been here, those orders have gone there with the exception of one that perhaps says this is a written directire system that we will use. Use of force, ' pursuit policy, those kind of things are in fact reviewed by somebody at the City Attorney's Office. Norton/Systematically? Winklehake/I give her every one. Norton/Okay. Woito/The general- You, I presume, have copies of the general orders which is the big blue books and the rules and regulations which is a little blue book. Those were all reviewed by my office. The Field Training materials I had not seen and of course the unwritten practices I, you know, we don't know about. Norton/In other words, this business, to just follow up. This business of search of a building, everybody calls a search and everybody assumes somebody is in a building. I call it building security. That one had not, though, is that right? Even though that it manifestly involves legal aspects. Woito/Yes, that is right and I, in talking with all of the various attorneys that I called about "do you have a building search or an open door policy." They all said I don't know, except one and that was in Des Moines. And so they had- None of them had written policies on open door searches because- Well, it is just a tradition in the society and there is a treatise by a gentleman named LaFave who is a professor and he has a treatise on search and seizure and for years and years and years, since the early 70's, his statement is and I am sure this is why Iowa communities have relied on this, that society expects the security and safety of commercial buildings and This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 48 they want this done. And so, but now, it is important for the community to decide if you want it done or my preference if we are going to do it is to get consent. Implied consent. When a gentleman I talked to yesterday suggested when a new building comes to town, you do three little calls, show up and find out who the manager is, what their hours are, where their safes are, keep a record. Then you could find- have them sign implied consent or something like that. But then it goes back to the old beat cops. It was just traditional. It is traditional in our society. Winklehake/I want to add just two things. One, when you talk about policies..It really is not a written policy. It is a practice. Nov/Come closer to the microphone. Winklehake/You are referring to a practice rather than a written policy and as Linda indicated, there really aren't very many departments at all that have written policy. The other one is when we talked about who looks over some of our procedures, our policies. For instance, in that- what she refers to is the big book. There is a whole statement in there about policies. These are the policies of the Police Department. That was reviewed by our Human Rights Commission. That was given to them for their review and input into that. This is how we operate and they reviewed that. Nov/That is some interesting piece of information that we didn't see in this. Kubby/When is the last time that the Human Rights Commission reviewed the blue book? Winklehake/I would have to go back and look at it. I think it is within the last three years, though. Atkins/h has been at least two if not three years. Winklehake/Three, somewhere in that area. I don't know the exact year When that was done. 32. Nov/I want to change the topic a little bit. In question #23 about police officers receiving complaints, of police departments receiving complaints. It is listed many departments that had complaints handled by watch supervisors. Does Iowa City do anything like that? Winklehake/Yes. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 49 Nov/Can you explain how that works? Winklehake/The watch supervisors are traditionally watch commanders who are people who use different terms. Lieutenants, sergeants, and in some places, they may be captains. It is a person that is in charge of that particular group of people that are on duty at that particular time. Most complaints by most police departments come to those folks and this can be anything from I didn't deserve that parking ticket, the officer didn't listen to me when I got that speeding ticket or he hit me. It can be a wide range of things. Most of those complaints are dealt with by the supervisor. From there a number of complaints are not resolved to anyone's satisfaction at that level, then they will proceed on to some other group within that department and in our case, it goes to an internal affairs where it is written down and investigation is done. And that is usually done through the captain in field operations. Nov/Okay. The answer we received said 14 internal affairs investigations. Could you check and let us know how many investigations were handled by watch supervisors? Winklehake/Yes, I can do that. Nov/Please, go ahead. ;~3. Thomberry/In retrospect of the incident, I feel compelled to say as one individual, as one city councilor, that I don't think I necessarily did what I could have in the at~ermath of the Eric Shaw shooting. We, as a council, and I can't speak for the rest of the councilors. But for myself, this has been a learning experience as it has been I am sure for a lot of us. Knowing what I know now, I would have asked some harder more detailed questions earlier on. But I, for one, felt like I was doing as I was instructed or thought that I was being instructed. I was- I have never been in this situation before. And didn't know what to say. Didn't really know what to do. So I asked a lot of questions from the City Attorney, from the City Manager, from other councilors more experienced than I and none of us have really been through this situation before. It was learning experience for all of us. But to come out with information early on regarding all of these questions that were asked and have been asked from the rest of the public to us, to be answered by staff and others, I felt took some time. Not everything we did was wrong. Most everything we did was right except perhaps if the investigation could have gone a little quicker and gotten some answers quicker without jumping to conclusions, that This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 50 would have been more- would have been better, more ideal. But most of the information that was dispensed or not dispensed was at the request of the City Attorney and I would like for her to answer if the instructions to us would be any different in retrospect, in hindsight, than we were given after the incident occurred. Woito/In retrospect, I think all of us would have done things differently. I think there was some misunderstanding that you were told not to speak with the press. That was never my- I should have called you all myself and talked with each one of you personally. That was my error and I will accept responsibility for that because I will never tell anyone. The only people I told not to talk to the press were Kelsay, Gillaspic and Zachafias. Always, when you talk with the press, I just expect that you will speak the truth only because truth is an absolute defense in terms of any concerns. In terms of liability, there were a lot of things that could have been said early on and we all acknowledge that in terms of an apology. Some communication with the family and some acknowledgment that indeed the city was responsible without having to say we were legally liable. I mean we acknowledged that something went very wrong and to the extent that I may have contributed by not calling you all individually and say and making clear that I did not tell you not to talk to the press, I will accept full responsibility for that because I have never told my clients not to talk to the press. Always to use your judgment. In terms of what I would do differently, also, I would make a different call in calling in the DCI. Not all departments do that, and I would not have done that knowing their strategy in terms of their circumspect and total control that they insisted on from the get-go. That they have control over the entire investigation. That totally hamstrung me in my ability to do my job for my clients which was the city council. It was very frustrating. Thornberry/One quick follow up question in answer to your response. Who would you have called in other than the DCI if anybody and why? Woito/I would have called in department, a law enforcement department that I knew and trusted and that is all I am going to say right now. Kubby/So another outside law enforcement agency? Woito/Yes. Baker/We have that option? Norton/Yes. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 51 Woito/Yes, we have that option. And some of the policies that if you read in there, you will find the various cities and counties do it differently than we do. Kubby! And the other option we have as a council and maybe one of the things that we should add to our list of possible changes is some kind of emergency response for us. To get some training in that because- Thomberry/Well that goes back to Dee Norton. He is responsible for that emergency preparedness. Kubby/Although maybe it is not so different. I know when I got back into town and called staff to ask what was going on because there was no response in the paper from us as individuals, it was we can't do this, we can't do that. So my response was well, what can we do and we can explain what we can do and what we can't do. To explain why the DCI was called in, how that changes the situation and if it were another kind of incident and explain to people what the different kinds of investigations were, how they impact our ability to respond to the public. We could have done that the next day actually. The soonest we could have done it was the next day. Thomberry/I was finding that I didn't have much information. Norton/I disagree with that because I think we should have gotten together, no doubt about that. But my problem and I asked this question and part of the question came back as the answer. It is not my turn. Nov/That is right- Kubby/This is a work session. Council/(All talking). Thornberry/I was very frustrated and have been very frustrated from the get-go on this one. Baker/Dean, let me take some disagreement with you. Nov/We are going to get back to it in a minute. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February I, 1997 Council Work Session page 52 Baker/There is a key word here. There is a key word here and that is instruction. We were instructed to do such and such. Thomberry/Be very careful what you say was- I mean that was- Baker/I never took it as instruction not to talk. Thomberry/I did, too. Baker/Steve Atkins told me volatile situation- He points out the obvious. Be careful about what you say. It is common sense. At no time did Steve instruct us to be silent. Thornberry/Absolutely not. Nov/Let's- Okay, let's let Dee Norton talk because I try to do things in order. Council/(All talking). Kubby/It is also a work session where we need to work on some things as well as round robin questions. Norton/I just want to say in looking for a briefing on, in my judgment, it should have been on Saturday the 3 1st or September 1 st or September 3, sometime, Monday, Tuesday. But we were getting no information. My question that I had posed early in September was why shouldn't responsible officials be given factual information early and often as it becomes available. Then how, without that kind of information, you cannot respond appropriately. Nov/We will get to that. Please, let's give Dee her turn. 214. Vanderhoef/I will just follow up a little bit with that because of the conversation that is going on here and one of the of the things that there was a caution on and perhaps you can explain how this works a little bit for the city. But it has to do with what they call the cooperation clause in our insurance policy. If you would like to say a little bit about that, please? Norton/Very appropriate. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 53 Woito/Yes. Another thing that was hamstringing my ability to be more candid with you because basically I knew all the information as of, the basic story, pretty early on. The insurance carriers administrative services attorney cautioned against passing that information on to you beeanse they doubted whether you could keep those confidences. And so that is not a very good reason but that is frank and an answer to your question. Vanderhoef/Thank you. Nov/Ernie. Lehman/I will pass. Nov/You're up. Baker/I want to follow up on what was begun. I am going to combine two questions that I have in one and they are both for Steve concerning roles and responsibilities. In the question, the council question, I think it is page 4 where you and Linda and R. J. were asked to sort of walk through what you did immediately after the shooting. One of the things that you talk about is any information distribution which we could either legally or practically disseminate would be difficult. I want you to explain why that was a problem and did you make that decision yourself or were others involved? What sort of information are we talking about and finally, following up on that, are there any documents relating, in the possession of the city now, relating to the Shaw death that have not been released to the public? If so, what are they? Why not? And of the stuff that is released, has it been edited? Will the gaps be filled in. I can repeat that. Arkins/Yeah, you are going to need to repeat that. Let me just deal with mine up front. I think I can say to you unequivocally when I spoke with any of you on the telephone and I hope that you would concur, that I answered your questions completely and as fully to the best of my ability with the knowledge that I had. Thornberry/That is a fact. Atkins/I have found in my relationship with all the councils that I have worked for, complete candor is the best way and I think I was completely candid with you. I will share with you my frustrations. I think Linda articulated it rather well. That when the investigation is assumed by an outside agency, even the little subtleties, even the little things that you could normally find out- If, for example, were This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 54 conducting our own investigation, I would have not hesitated to share those with you. I told you what I knew, when I knew it and I feel very comfortable about that. As far as other documents, to my knowledge- Let me, before I go to that, Larry. The people that I consulted were R. J., Linda, Pat White and Dale. And I spoke with these people on a regular basis and I think they spoke with me on a regular basis because little bits of information would occasionally get out. As far as the documents are concerned, to my knowledge there are documents that have not been released and to my knowledge they are substantially controlled by the County Attorney's Office. And if there are documents that were cleansed, the gaps, to my knowledge that information still rests there. Baker/The documents that we have control over have been released? Atkins/Icannot say in absolute certainty. I can tell you in the preparation of this report, we dug everywhere and tried to get everything. And if we missed something, I can only apologize but I think we got everything out there that can be out there. Baker/ I go back to the original quotation. Any information distribution Which we could either legally or practically disseminate and would be difficult. Let's at the moment- Now does that mean there was information that would have been legal and practical to disseminate that was not disseminated? Atkins/I think there was information that we became aware of in time that we dealt with you in executive session and some of the circumstances you all went through. It is now common knowledge of the attempted suicide. You were aware that we dealt with that I think in a forth right manner and what we'were attempting to do. There may be other documents, again, Larry, that I am just simply not aware off. 36. Kubby/I do want to follow up on that. Maybe this is for Linda. How can we play a role? Is it legally possible or is there a process that an individual citizen or- CHANGE TAPE TO KEEL 97-20 SIDE 2 Kubby/To help release part of the DCI report that has not been released to the public or that is- and that is in the hands of Patrick White, the County Attorney? Woito/You know, I haven't checked with Pat lately. Last time I talked to him, he was waiting to hear word from the Attorney General's Office for the State of Iowa on whether- because they would be the DCI's legal counsel. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 55 Kubby/Who was that? I am sorry, state that again. Woito/The Attorney General, Tom Miller. And whether they were still going to insist on the confidentiality of the DCI report. Pat White said that he had found the case law that I had found, you know, a long time ago in October when I released the internal affairs report. He said in terms of- If a question of police misconduct is raised, the courts will weigh that confidentiality of the poli/:e officers or DCI report, and I don't know if the Attorney General has decided to waive it or not. I don't know if Pat White has decided to stop fighting it. But it seems to me that a Freedom of Information Act request could be initiated by a city, a citizen at any time to the Attorney General or the DCI. Kubby/You are saying that Patrick White does or does not want the Attorney General to release the full DCI report. Woito/It was always his position that he wanted to release the entire DCI report. I don't know that that- I just don't- I haven't talked to Pat about that for several weeks. Norton/Is that his call? Is that his call to release it? Woito/No, it is not his call to release it. No. It is Tom Miller's call. Kubby/Is it possible for a local government to file a Freedom of Information Act and to speak with the Attorney General about releasing the full DCI report? Woito/Yes. Sure. Kubby/I guess I would put that on another- I am having a continuing list of things over and above the 22 actions that we may choose to take. That might be one of them. Nov/Dee, you had a follow up on the release of information. 37. Norton/I found it very difficult not knowing the situation and the details of it or else to make a decent statement. I think we managed to do so on September 10th but there was certainly time in before that that we might have done a better job had we had a little bit more information. I want to change the subject just a bit and ask, this is directed to you R. J. I am curious, what is the nature of your contact with patrol officers as distinct from true commander? What is the nature of your direct contact with patrol officers? Do you This represents only a reasonably accurate transcription Of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 56 meet with them on briefings, new policies, issues of concern? Individually or collectively? Winklehake/There are a number of different ways that we deal with officers. Our union president is back there. There is a method where we can have department meetings and those are- We ask whether we need to have one and if'there are items that they want to discuss. So there is that kind of interaction there. As far as the policies, procedures, general orders, when we put a new one out, we deal with the supervisors. Here it is, review it. Generally they will review it before it is ever put out and after they have reviewed it, it then goes down to legal. We get everybody's input and then it is put out. They, in turn, use that at roll call. Here is the order, this is what it means and they will review those. Periodically they will review orders that are in place. Just don't forget. This is what that order means. That is that kind of interaction. As far as my personal contact with officers, I have contact with just about everybody in the Department at different times. I will be in the building at different hours, night and day. Last week I think it was in the building at least three different times where I talked with people that were on late nights. People that work from 11:00 PM to 7:00 AM. Different times, day and night. I am in here at various hours talking to supervisors, officers, dispatchers. So there is that kind of contact. I don't know if that is what you- Norton/I guess I was thinking about do you ever sit down with a heart to heart to all of the troops and say here is an issue, let's get straight on it? Winklehake/We have Department meetings which we haven't had in some time because the issues that usually- here is what we are going to be doing for the next year, these kind of things. We haven't had one of those in a period of time. That is where everybody is invited. They are not ordered to attend that. More often it is different groups within the Department making up concerns. Whatever that issue may be, we talk to different people. Nov/Go ahead. I think I will pass this time. Thornberry/I think I will pass. Vanderhoef/So will I. Lehman/I have no more questions. I have a couple of comments but no more questions. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 · February 1, 1997 Council Work Session page 57 Kubby/Could'I make a suggestion because it is 4:40 and I know that Naomi had given us a chart to fill out in terms of possible meeting dates for the next meeting to talk about these areas and that it would be really great to be able to state now when our next meeting is. · Thomberry/Good idea. Kubby/That we could take a few minutes break, we stay here and look at our calendar, fill this out and try to find something. I hate for us to walk away and then have to- Lehman/Well, we are going to meet again Monday at~ernoon. Nov/I would like us t6 be able to do that. If there are other questions, I think those should take precedence. We can stay a few minutes after 5:00 if needed. Baker/Are we going to announce Monday when the next meeting is going to be? Lehman/Well, I don't have my calendar but I would have this ready. Nov/Okay. Thomberry/I must not have a life. I just put any. I am available any time night or day between now and the 20th. Lehman/You don't sell suitcases. Thomberry/A lot of hamburgers though. Nov/Yes, he just sells hamburgers. Thomberry/They could fit in a suitcase. Nov/Larry, do you have any other questions? We are kind of back to you. 38. Baker/Yes. The first set of questions that I asked were basically broad policy questions. I am now into specific questions about that night. So, Linda or anybody else who thinks that the question might be inappropriate or concerning especially personnel, let me know. Referring to question 21 of the Council Question Answer packet, you say that stacks of boxes, we are talking about the crime scene itself. Stakes of boxes near the windows obstructed the view of officers. One of the · This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 58 question is why didn't, why wasn't there more knowledge of what was going on inside? The answer here is that the windows were obstructed and that they did indeed, Keisay and Gillaspic both did attempt to look through the east and north windows. And you also say that later those obstructions were not present when the press or other people were at the scene. Do you have photographs or som~ sort of substantiation of the obstructions and do you have any witnesses to that fact other than the Iowa City police officers involved? Because we are clearing up now some, what I think, potentially misconceptions by the public about the incident. Winklehake/The people we refer to in this answer are Iowa City police officers, including the supervisors that were there. And in preparing this answer, we did not talk with other people that may have been there, media folks. Baker/How about the DCI, people like that. Winklehake/The DCI crime people took pictures and the DCI report has not been released to me. To tell you they have 2, 3, 4 pictures, I can't do that. Baker/Have you seen the pictures? Winklehake/No, I have not. I have not seen the DCI report. Baker/So you don't know if pictures would substantiate whether or not the windows were obstructed? You are assuming that. Winklehake/Take a look at the newsreel. It is there. I mean you see it. Baker/Okay. Nov/LiMa and I were both at the report from Pat White. he had a news conference. Didn't he have some pictures of some sort? Do you remember? Kubby/It was mostly focusing on the door and how far the door and the marks on the door. Woito/Yeah, he had some photos but- and diagrams. Kubby/At the time of the photos, the windows were covered. Woito/We have never seen any pictures. I am sure the DCI has some. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 59 Baker/So sooner or later we can get that resolved. But it is the testimony that the windows were obstructed? Woito/Yes. Nov/I do remember some exterior pictures but I don't remember they answered that particular question. Baker/Okay. 39. Kubby/My question is to council as well as to.staff and that is we are talking about community standards with some of these issues and I guess I have a couple of ideas on what I want us to develop community standards around. There are four areas at this point. One is our use of force policy. Second one is the type of ' ammunition and firearms that we use. The third one is the open door policy and the fourth one may be related to these two things in terms of specifically announcing police presence or not. And I guess I don't feel able to say right now I know what the community standard is. I know how the community wants to be policed. I don't want to sacrifice effective police services. But I don't know what the community standards are and I guess I have some personal ideas on how we can go out into the community to get some feedback about some specific areas we may agree on that we want to create community standards around. And I guess I want to hear what council members think about going out into the community to find out how do people want to be policed in our community and want some feedback from staff on that. Baker/Let me suggest that that question might be premature to answer because I assumed we were going to have another meeting atter this to talk about the beginnings of change in policies and procedures based on what we learned or gathered here today. The concept of involving the community, nope, I don't think anybody is going to disagree with. But how to specifically answer that today, just seems premature. Norton/We've had a lot of input on it already. Baker/But the specifics on what Karen's talking about, we need to set up, say here are some things that we wanted to discuss in particular with the public. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1,1997 WS020197 February 1, 1997 Council Work Session page 60 Thornberry/I would suggest in answer to your question is that we are the community. We are part of the community. We're very diverse council and to go out and take a survey of the community. We are the community, so to speak. Kubby/Let's never have a public hearing. I mean. Council/(All talking) Kubby/And your answer may be we will decide that, and that might be your answer. Atkins/May I make an observation for a minute please, because that was a topic of discussion by your staff and one of the conclusions that we did reach is that the community standards rest with you. I mean that ultimately is your responsibility. You can get 1,000 recommendations, but four of you are ultimately going to decide what the standard is going to be. I think there are a number of process questions that can be discussed and debated. One of the thoughts we had was reconvening the Citizens Committee as part of our task force. I mean it would help define the mission. I think there's any number of ideas and I talked to many of my colleagues throughout the state and throughout the nation about these types of circumstances. I would think the most important thing is, if you can get us an agenda on what you believe to be the pertinent issues, you four, Karen, and plus the others, we'll do some research and come up with some ideas and bring them back to you and let you decide how you want to go at~er the thing. But we really need that agenda from you. Kubby/I guess by bringing it up now, is that I want to throw out to you at this point about what I'm thinking and to the community to say is that inappropriate and if not, what are the other (can't hear)? Lehman/I think some of the things you brought up though we would, at least I would want the comments of the Police Chief and whatever on. Kubby/Of course. Lehman/For example, how do we choose the type- I don't want to ask my- I got a 34 year old son who is a very bright young man. I got the greatest respect for him. I don't want him telling me what kind of bullets police should shoot. But I do want R. J. to tell me. So some of those things I think are technical. Some are policy. This represents only a reasonably accurate transcription of the Iowa City council' meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 61 Kubby/I do agree because I think there are policy implications about why certain caliber and certain types of bullets are used. That, you know, in terms of stopping power. How do you want to be policed? Do you want potential suspects to be stopped in that manner or not? There are choices. Lehman/Karen, I don't want- Kubby/I am not saying I don't want the Police Chief's opinion. Lehman/No, no. I don't want somebody- Nov/We are not going to decide this tonight everybody. I am sure you realize- Lehman/Shooting and missing and killing you. Baker/We are getting away- Nov/We are really not here to make that decision today and- Norton/My turn. Nov/Yes, your turn, Dee. · 40. Norton/I, with respect to that issue, I certainly think there is considerable feeling. We have heard it from the community already and we have heard it from ourselves. Substantial changes in those areas and possibly others are in order. What I would prefer to do is draf~ some possibilities. I much prefer to have people react to proposals even though you may get input in various ways before that. I think we should, in the light of what we have already heard, dra_R some proposals, maybe alternatives, and then add p.h.s on it as we ordinarily do. We also have to think about the role of the PCRB for continuing changes in this area. But we certainly need a serious mechanism for looking at this. I don't know how long it has been since the council, this council or previous councils, have looked in serious ways at police procedures. Clearly that is a mission of considerable consequence. Lehman/Well, Dee, thank God we haven't had to. Norton/But we have to do some proactive. Lehman/No, no, we do now. There is no question in my mind. This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 62 Norton/And periodically thereafter. Lehman/I think exactly right and I think we have an absolutely total commitment to do this. But thank God we haven't had to before: Kubby/Do you have another question? Norton/No, go ahead. Nov/Does anyone else have another question as we go around here? Some people have passed but if they have though of another question along the way, I would like them to ask it. Thomberry/Do you have anything? No~No. Thomberry/I would like to publicly thank Steve Atkins in light of this incident. The information that was given to me and to us as a city council was accurate, was timely and was right on the money and I, in the past, have been critical of our city manager in several aspects. But I have come to the realization and conclusion that geez, even I could be wrong. Lehman/Oh, no. Thomberry/And, you know. I criticize when I feel that it is necessary personally. I am known for speaking my mind and throughout this incident I feel personally that' Steve Atkins and R. I. Winklehake have been exemplary in their dealings with us as a council and me individually. Thank you, gentlemen. Norton/Andladies. Nov/Is there anyone else who has a question or a comment before we adjourn? 41. Vanderhoef/I have one question. In the literature here and I can't tell you who it was. This is R. l.'s question. What is a shooting review board? Have you ever worked with one? Who would be sitting on it? What does that look like? This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 63 Winklehake/The shooting review board is a group, usually within your department or outside people. I shouldn't say outside people. For'instance, Legal staff. Who would review each incident where shots were fired as to whether it was justified, was it appropriate, that kind of thing. Vanderhoef/Have you ever worked with one? Winklehake/Not called a shooting review board, no. We have review boards for all kinds of different things, yes. Nov/Is this basically similar to an internal review? Winklehake/Similar but you could have other people on it as well. Nov/Ernie, do you have another question? Lehman/I have a couple of comments in regard to what you said, Dean. I think that we have had some accusatorial remarks as far as our City Manager and Police Chief are concerned regarding this matter and I, for one, and I would certainly hope that the rest of the council would reaffirm our confidence in these two individuals. I think there is absolutely no empirical evidence of any kind that there was any misconduct in any fashion by these two gentlemen. None of us are happy with this situation. This is an awful situation. I can't remember a day since the 30th of August that I haven't thought about the Shaws and I don't think probably any of the rest of you couldn't say the same. We all feel the same way. In large respect it is like throwing a rock in a pond. There is a big splash where the rock hits but the ripples affect all of us and they really affect the entire community. It is incumbent on us and I think this at~ernoon's meeting is a great start. we need to start this healing process. We need to make whatever changes are necessary, if any, in the policies and procedures of our Police Department and I sense a real commitment on the part of all of us to do that. You know, I think it is human nature when something goes wrong that we have to blame somebody. Sometimes and I know there was a committee formed for justice for Eric. You know, there will not be justice for Eric. What happened was unjust. And I really don't know how, I don't know how we can- obviously we can't change thatl But almost anything that we do would be another injustice. I think we have to learn with the fact, learn to live with the fact that this awful thing happened and that it was a tragedy, it was a mistake. And if we want to blame anybody, we blame all of you. You ask us to have policemen, you ask us to protect your children, your grandchildren, your wives, your property and we do that and we know right up fi'ont that policemen This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 64 are human beings and human beings make mistakes. We insist that they carry guns. Whenever human beings carry guns, there is a chance for a mistake. I think that it is incumbent on us and I think we are accepting this challenge to see to it that chances of this are less, less, less and less with training or whatever. But this is a tough pill to swallow. But I think we have to swallow this pill. Enough preaching, I am done. Nov/Any other preachers here? Actually Larry is the one. Go ahead. 42. Baker/I may have comment later, preachy or not. But I got questions right now. Nov/You still have questions. Okay. We would like to adjourn as soon after 5:00 as possible. So we are going to wind down. Please, go ahead. Baker/All right. I have got a list of questions, a lot of them I will admit are very precise and probably not going to change a lot of- that important to the public debate. One of the things that I think we have been doing here the last three hours is not only talking about policy but clearing up events of that night, at least the best we can. So I have on specific question about Council Question and Answer #17, about the conflicting reports about Gillaspie's behavior, his actions at the moment of the shooting. There have been conflicting stories and the answer we get in the packet from staff to me seem, I said this to Steve privately. I will say it publicly. Seems evasive because it describes what Gillaspic said. But the question was what did other say who were there and describing his actions. And I would like to get some clarification on what the reports say happened that night at that moment so at least we can start to get some precision about the actions. In particular it has been said in more than one time in the newspaper that stories changed and that Gillaspic stood up, stepped back, raised his arm and fired which would indicate premeditation, forethought. When I read the- Thornberry/Why? Baker/Stood up, stepped back, raised- That is not a flinch. Thornberry/Is that premeditation? Baker/That is not a flinch. Thomberry/Is it premeditation? This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 65 Baker/That is not a flinch. Thomberry/You said it is premeditation. Baker/I will, in my opinion, that is forethought and premeditation. Yes. Now wait a minute. Dean, the important point is, did it happen. That is what I want to get clear. Atkins/Let me try because we did go through that as an exercise. I am going to call out certain- again, these are statements. The first one I am going to read from is the ' statement ofDaran Zacharias from August 30 and you will understand. You don't want me to read the whole thing but I am going to try to get on point with you, Larry'. "As Gillaspie was opening the door I took a step closer getting ready to follow him in. Gillaspie opened the door slowly. About a third of the way and was inching his way in. Gillaspie did not throw the door. He would have been in the door frame. Gillaspie seemed to, all in one motion, stand straight up and fire his weapon into the building. I could not see what was in the building due to the wall and the door were in the way? That is Daran Zachadas's statement about that. From the Internal Affairs Report I tried to find references by other individuals to- that similar circumstances. And I am reading Sergeant Jackson's comment that morning and he says "Troy saidhe had just discovered the door ajar and called for uniformed officers to investigate. Gillaspie and Zacharias arrived to assist him. Kelsay stood by as the two uniform officers prepared to enter the building. Gillaspie had drawn his firearm prior to making the entry. Gillaspie said- Kelsay said as Gillaspie pushed the door open, he heard a shot. He saw G-illaspie double over and thought Gillaspie had been shot. When Kelsay got to Gillaspie, Gillaspie's gun was on the ground. There was a subject lying in the doorway." That is Sergeant Jackson. This is the incident report from Troy Kelsay. "As he pushed the door open a gun shot was heard. It was fired. Gillaspie dropped his pistol and began to back away from the door while bobbing up and down at the waist and exclaiming a profanity. I was not certain whether Gillaspie had fired the shot or had been shot himself." This is the Internal Affairs Investigation of the 19th. Again, Kelsay. "I never saw a muzzle flash. I never saw him pull the trigger. I never-I don't know who had fired a shot. I heard it and immediately Jeff started to back away from the door. He was kind of bobbing up and down at the waist." Baker/If you got one more Steve, that is enough. Atkins/You understand? This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 66 Baker/I understand. Woito/(Can't hear). Baker/Have you got it there with you, Linda? Woito/(Can't hear). Atkins/There is the incident report and then there is the Internal Affairs. That is where I was trying to read the two of them. Woito/(Can't hear). Here and here. Atkins/Okay. I don't know how fast Jeff was opening up the door. The door was about a third of the way open and he was right in about the door frame when all of a sudden it seemed to me he stood up and fired one shot. He backed away, his gun came out of his hand, he seemed to be almost there, you know, brought up his hand and he goes on about it. Then he dropped his weapon. Baker/ Let me clear this up. I have gone through those reports over and over again trying to find out the sequence where someone specifically says he stepped back and raised his hand or raised his weapon and to fire. It is there, I guess, somebody needs to help me find it so I can go from them. I just can't remember. Atldns/I don't recall. I gave you a halfa dozen examples we used when we talked about that issue. Baker/What were you going to say, Karen? Kubby/I was going to say that I have, it is not exactly what you are looking for. But from the next morning report or incident report from Sergeant Jackson saying I asked CAllaspie what happened. He said he shot the guy. He said as he opened the door he saw someone, saw their hands and something in the hands being raised. Jeff said he saw the object and shot. Jeff said the object turned out to be a telephone. That is not really what you are looking for. That has a difference flavor than- Baker/ They are all variations on a action'which, when I read the training manuals and stuff, CAllaspie is walking probably crouched somehow, stepped back. But it is where the gun is pointed in the very beginning that is unclear and if them is This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 67 evidence that it was down and then up, I would like to find it, So that is just a public call. That is the specific question. Nov/I agree with you, Larry. That answer would be significant. Just don't have it. Thomberry/Still from all of that, Larry, I can't come to any stretch that it was premeditated. Baker/I am trying to establish whether it happened and then we can argue whether it was premeditated. That is what I am trying to do. Nov/Karen, did you have any more questions? 43. Kubby/I do have more questions but I guess I am interested in that we- I know that we are going to schedule more meetings. I- There are a couple of requests from people that I want to make out loud. One i's a request by myself that at some point, before we conclude in late February if we are still on that time frame on all of these meetings, that some section of a meeting be open to the public. I am not quite sure what the best format would be or the time frame but after hearing this and any maybe further discussions about Fourth Amendment issues that we have with Linda and the community has a chance to look at this information on the Fourth Amendment information. But some point have some open section of a meeting. Nov/Yes, I agree with you. It would be something that I thought about and.!f council will agree, I would prefer that we look at this in terms of do we want more changes than those are proposed and then have public Comm6nts on whatever changes. I also want some public comment on the PCRB, the new review board and this may be our best way to review policies. We may say we will have public comment on how this review board will operate and then we can say the review board should recommend policy changes if they have any in addition to what we have. So there are various scenarios and we could do one or all of them. I want everybody to feel assured that no one on the city council has considered a settlement of the Shaw claim as finality in this area. We have all said this is a beginning. This is a first step. We are going to review policies. We are going to have a review board of citizens to review future police complaints. Thornbeny/I think this was a chapter of the book that we could go on from. To this point when the City Attorney tells us be careful what you say because of pending litigation. If we go into executive session because of pending litigation. All of these things are pending litigation. Now that the pending litigation is no longer an issue, This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 68 that is a closed chapter and we can go on to finish the rest of the book. As Larry knows, there is more than one chapter to a book. ' Kubby/I still have some other things. I wasn't quite finished. Nov/Can you save anything for another day? Kubby/The two other things that have been requested- Thomberry/What did you say, Naomi? Kubby/No. The answer is no. There are two other things I would like to say that I do not want to leave for another day. We have been asked publicly by the Citizens For Justice and Accountability in the Death of Eric Shaw to answer the complement of questions that they gave us, many of which I think were answered today, although maybe not in the detail in which they were asked. And I just want to remind that we were asked to do that. And secondly we were asked very specifically, and this may need to be put on a list of things to discuss, whether or not we would want to have a resolution asking Pat White to change his stance and have this case, in terms of criminal charges, go to the Attorney General. And at some point out of respect, because it was a request by an organization, whether or not you want to do it. To at least acknowledge that request and say yea or nay and talk about why we would say yea or nay. Nov/Next time. Kubby/But I want to not have that be lost in all of this conversation. Nov/I have to say we did not lose those questions. We just didn't have time today to do everything. Baker/Before we pat ourselves too much on the back today, we have not and I don't think we can, but we have to acknowledge we have not resolved the basic question that seems to be hanging in the air which is the status of certain city personnel. What I would like to know is when can we unequivocally, at least from our point of view have an opinion about those two individuals and express it. When is this council ready to make that statement and I would urge you don't do it today but you do it- that we do it very soon. Thornberry/Which two individuals were you talking about? This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council Work Session page 69 Council/(All talking). Thomberry/I have made my statement. Kubby/I thought that we had agreed that we would be done by the end of February in terms of talking about policies and training and detailed questions about the shooting of Eric Shaw and personnel. Those are- Norton/Certainly not today. Kubby/Some people may have already (can't hear) kind of expressed that they have already made up their minds. But that is the time- Baker/I would hope that we would settle the personnel question before we resolve the procedural and policy question. we ought to be able to do that soon. I have strong opinions but- Norton/Before or after Linda- Baker/Three hours and ten minutes into a meeting, I think we need to have those opinions expressed when more people are- the audience are still with us and we are fresh, too. Norton/Before or after Linda's presentation? NovPAfter is my preference. After is my preference. Baker/I don't think we need Linda's presentation to evaluate those two individuals. Nov/Maybe not. Council/(All talking). Karr/We can't hear if you take off your mics. Nov/We have promised that we will not talk about personnel issues today. Baker/My point is when? This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 February 1, 1997 Council. Work Session Kubby/Are we still in agreement- Nov/Check your calendars. Baker/I did. Nov/Okay. Turn the checked calendars into Maclan and anyone who does not come back with a checked calendar by Monday better have a note from your mother. Atkins/Before, someone mentioned that you are having a meeting on Monday aidemoon7 Nov/Monday night, 7:00 PM. This is a meeting on he budget. All we are going to do is the budget. Atkins/I just wanted to make sure that them wasn't- Thank you. Council/(All talking). Kubby/So the reason the Monday meeting was talked about was that one will finalize and announce when our next meeting on this set of issues will occur. Is that correct? Nov/That is correct. We are going to have a calendar session. Marian is going to say these are the dates that are available for most people and we are going to pick one. Kubby/Thank you, staff, for answering our questions and thank you, public, for witnessing this discussion. Adjourned: 5:10 PM page 70 This represents only a reasonably accurate transcription of the Iowa City council meeting of February 1, 1997 WS020197 City of Iowa City MEMORANDUM Date: February4, 1997 To~ From: Mayor and City Council City Clerk January 29 Joint Meeting with Library Board and Focus Groups/64-1A Council Work Session, January 29, 1997, 2:00-4:00 p.m., Iowa City Public Library, Room A. Council Members present: Lehman, Novick, Norton, Vanderhoef. Absent: Baker, Kubby, Thornberry. Staffmembers present: Craig, Franklin, Schoon, Miklo, Yapp, Kugler, Rockwell, Clark, Nichols, and various library staff. Tapes 97-17 and 97-18, Both Sides. INTRODUCTIONS: Kevin Monson, introduced the architectural team members from Neuman Monson and Engberg Associates who have been selected to complete the conceptual work for the multi-purpose building on Parcel 64-1A. Team members present were: Kevin Monson, Charles Engberg, Mark Ernst, and Bill Williams. PRESENTATION: Team members presented their ideas on the direction of the project and general concepts. Staff, council and focus group members discussed the project. cierldccl-29.inf City of Iowa City MEMORANDUM DATE: February 11, 1997 TO: Mayor and City Council REVISION #5 FROM: Marian K. Karr, City Clerk RE: Meeting Schedule for February and March On February 11 Council agreed to the following meeting schedule. Please note changes in February and March. Thursday, February 13 - Special Work Session/Police Policies & Procedures - 9:30 a.m. Tuesday, February 18 - Special Work Session/Student Senate - (optional social 6:30 p.m.) Meeting time - 7:00 p.m.+ Wednesday, February 19- Special Work Session/Police Policies & Procedures Public Discussion- 7:00 p.m. Thursday, February 20 - Special Formal/Executive Session (personnel) 10:00 a.m. Thursday, February 20 - Joint Meeting/64-1A - 4:00-6:00 p.m.* Monday, February 24 - Work Session - 7:00 p.m. Tuesday, February 25 - Formal - 7:00 p.m. Monday, March 3 - Special Work Session - 7:00 p.m. Tuesday, March 4 - Special Formal - 7:00 p.m. Wednesday, March 5 - Joint Meeting/64-1A - 4:00-6:00 p.m. Monday, March 17 - Special Work Session- 7:00 p.m. Tuesday, March 18 - Special Formal- 7:00 p.m. Wednesday, March 19' - Joint Meeting with Library Board - 5:00 to 7:00 p.m. + Meeting to be held second floor ballroom, Iowa Memorial Union (optional social 6:30) * Meeting tentatively set for Room A of the Public Library Please let me know when you will be out of town even if it would not affect a Council meeting. This will aid staff in scheduling special meetings and when necessary for preparing agenda/packets ahead of time for early pick-up. Reminder: Please send me information on summer plans as soon as possible so we may review the summer schedule. Thanks for your cooperation. cc: City Manager City Attorney Department Directors cclerk/schedule.doc City of Iowa City MEMORANDUM Date: February 10, 1997 To: Area Legislators From: Naomi J. Novick, Mayor Re: Major Legislative Issues Please find below a summary of major legislative issues which are of concern to the City of Iowa City. Additional documents relating to these issues are attached. The City of Iowa City recommends that a comprehensive review of taxation at all levels of government within this state be undertaken. We believe this should be done through the formation of a legislative committee as outlined in the final paragraph of the attached Position Paper and I request that you review that document carefully. Two more specific tax issues on which we would like to see action during the current legislative session are 1) the elimination of sales tax on water distributed by a public water utility and 2) full reimbursement by the State to local governments for State mandated local property tax exemp- tions/credits for homestead, rent reimbursement and military service. I am not aware of any legislation having been introduced regarding the former, but Senate File 25 and House File 97 direct the latter issue and we encourage your favorable consideration. Attached is a letter from the Director of the Iowa City Public Library regarding Enrich Iowa: Fund Libraries, a proposal for direct state aid to public libraries. As the memo indicates, legislation regard- ing this matter is currently being drafted for the Education Committee. We also urge your support of legislation to remove the State preemption of local tobacco-related ordinances. The previously distributed resolution was approved by Iowa City, Coraiville and University Heights City Councils. Other Johnson County cities are also considering this resolution. We encour- age passage of legislation which would allow local government, under Home Rule, to enact and enforce controls on the sale and use of tobacco products which are more restrictive than those provided by State law. Senate File 110 increases the fine for possession of tobacco by a person who is under the legal age, and we support this idea. However, it is also important to have a stiff fine for the seller of tobacco to underage users. Finally, you will find attached a copy of a letter I sent to the Board of Directors of the Iowa League of Cities regarding telecommunications issues. The industry is expected to lobby for State amendments to loosen, or remove from local control, the regulation of the use of public right-of-way for telecommu- nications infrastructure, including just compensation for such use. This would seem to be in direct contradiction to current State law in that it would allow for-profit companies to extensively utilize public property and facilities for their individual gain. Given the likelihood that the control of public right-of- way will become more difficult and costly in the future, we think it is vitally important that our ability to control right-of-way use and to recover our expenses be maintained. Senate File 76 would allow access to the Iowa Communications Network (ICN) by cities and counties. We believe this is long overdue and we strongly encourage your support for that legislation. Im/nn2-10.wp5 Position Paper On the/ssue of Taxation in/owa The Need for a Comprehensive Look at All Levels of Government Taxation It is the understanding of local governments in Iowa that in this session of the legislature, the issues of income tax reduction, property tax relief, pension and inheritance tax reduc- tion/elimination will be considered. In prior years, cities have asked legislators to look at such issues as full funding of property tax replacement credits and the residential rollback. VVe are fortunate that the State general fund is sound and the "rainy day fund" has some money. We understand that the legislature will be considering actions regarding income tax rates and reduction of taxes on inheritance and pensions. While it is laudable to be in the position to reduce these taxes, it is our'suggestion that we look at the entire issue of taxation, not only by the State, but by other local governments as well, see how those various levies interrelate, and how a comprehensive solution can more fully address the issues of tax relief to the citizen and how taxes affect the promotion of economic development within the State. As it affects local governments, the current myriad of taxes and fees is largely a result' of decisions by the legislature, some of which were a response to the needs of the various constituencies at the time of passage. Property tax calculation is very complex, involving the valuation of property, rollbacks, homestead and military credits, as well as the actual levy. Property tax is very heavily relied upon by cities, counties and schools to fund their operation, and to provide both the direct quality-of-life issues (good schools, parks, etc.) as well as the indirect quality issues (streets without potholes, sanitary and storm water removal, etc.) that are used by businesses to determine siting along with other tax considerations. A new century is but three years away. The current school aid formula will end in 2002, just two years after the turn of the century. Accordingly, it is our position that the legislature has the opportunity now to look at not just pieces of the taxation puzzle, but the whole puzzle. Approaching the issue of govemment taxation in a comprehensive manner should assure that several goals are addressed: Fairness to the citizens; keeping tax levels as low as necessary to fund all the services wanted by the citizens of the State. Fairness to existing businesses. Under the current system it is hard to explain to businesses why their property tax burden rises continuously, while taxes paid by other categories of taxpayers do not. Further, in terms of economic impact, 10 new jobs created by an existing business are just as valuable as ten new jobs created for a new business. Incentives to lure new businesses to the state are necessary. A comprehensive ap- proach keeps all levels of government focused on the same goal. Splitting the concerns may result in governments either not responding uniformly or competing among them- selves to the detriment of this goal, or the two listed above. Timing is important. The legislature and the Governor's office both seem to be focused on the same issues. It is a time when the State is not suffering from cash woes of its own. A study of taxation generally, undertaken during the next two years could put the legislature in a position 2 to put meaningful reforms on the table during the 1999 session; leading Iowa into the challenge of the next century, keeping the quality of life our citizens want, while making the State an attractive place to locate, and expand, a business. To that end, we recommend that a legislative committee be formed to address statewide taxation issues. It is further recommended that such a legislative committee be comprised of members of the House and Senate, as well as representatives from the Iowa League of Cities, Iowa State Association of Counties, Iowa Association of School Boards, the Association of Business and Industry and the Farm Bureau. The charge of the committee would be to review all mechanisms currently in place regarding local government taxation and to make recommen- dations to the Legislature convening in January of 1999. Respectfully submitted, Naomi J. Novick Mayor Im~axpospr.~o5 City of Iowa City Estimates of State Underfunding of Credits & Reimbursements to the City of Iowa City Program I Credit - FY96 & FY97 Estimates City Portion of Losses on credits due to partial funding: I Homestead Credit - FY96 2 Veterans, disability & elderly credits ~ FY95 3 Bank Franchise Annual Loss due to Cap: Avg (1994, 1995, 1996) 4 Personal Property Tax Replacement - (FY97 1st 1/2 payment * 2) 5 Monies & Credits - (FY97 1st 1/2 payment * 2) Total annual loss due to partial funding: Foregone revenues & potential liabilities: 411 Pension - (FY97) State not paying their share (1.5%) (Potential to come back upon cities by way of increased police/fire 6 actuarially determined pension rate) Machinery & Equipment Replacement: (Estimate of current taxes on 7 M&E value eliminated in 1982 by 30% of acquisition legislation) Total foregone revenues & potential liabilities: Total Annual loss due to partial funding and foregone revenues: 100% Credit State Paid Loss 603,775 493,323 110,452 12,956 9,062 3,894 159,997 102,056 57,941 386,435 320,833 65,602 27,943 23,199 4,744 $ 1,191,106 $ 948,473 $ 242,633 73,727 966,800 $ 1,040,527 $ 1,283,160 Sources: 100% Claim I.C. District less Paid Claim I.C. District multiplied by City Levy Rate to Total Levy Rate for FY96 on 9,536 Homesteads 1 ($1,487,797.14 - $1,226,515.22)' x (12.99243 / 32.01538) 2 Johnson County Auditor's Office & Johnson County Treasurer's Office 3 State Dept. of Revenue & Finance, Research Dept. & City Actuals 4 Personal Property Base per Dept of Revenue, less FY97 actual receipts 5 Monies & Credits Base per Dept of Revenue, less FY97 actual receipts 6 League of Cities League of Cities, estimate of 65% of 1/1/94 M&E valuation projected 7 forward to current values. 1/21/97 Credlos2.xls City Summary - UPDATED for FY97 TO: FROM: DATE: O Building on a e. nt ur¥ of Service Susan Craig ~ 2/5/97 RE: Legislative Issues Please include information about Enrich Iowa: Fund Libraries for the delegation headed to Des Moines next week. Enrich Iowa: Fund Libraries is a proposal to provide direct state aid to public libraries. Iowa is one of only eight states that do not already have a program of direct state aide. The money would be allocated by assigning a base amount, providing a percentage of all contracts and then so much per capita. The proposal asks for $3 million dollars the first year. If this were approved Iowa City would receive $45,000. Currently legislation is being written and we expect the bill to be introduced through the Education Committee. Thanks for putting this on your list, and if anyone needs to know more I'd be glad to send copies of the proposal. 123 SOUTH LINN STREET IOWA CITY, IOWA ,52240 SUSAN CRAIG, DIRECTOR INFORMATION 319-356-5200 BUSINESS 319-356-5206 FAX 319-356-5494 February 10, 1997 Iowa League of Cities 317 Sixth Ave., Suite 1400 Des Moines, IA 50309-4122 CITY OF I0 WA CITY Dear Board Members: Over the past year several telecommunications issues have taken on heightened importance for Iowa cities. In response to this the League has offered several seminars and has begun to provide the information cities need to adequately address these changes in telecommunications laws. The efforts of the League are to be commended, and I believe it is important that the League take the next step in helping cities deal with these telecommunications issues. As you are aware, Iowa case law grants a perpetual franchise to any telephone company offering service to a city as of October 1, 1897. This effectively prevents cities from regulating their own public rights-of-way and from receiving compensation for the private, for profit use of these rights-of-way. Moreover, any companies wanting to make use of the right-of-way in the future could assert that unless they, too, are given free use of the right-of-way the city is putting them at a competitive disadvantage in direct violation of Section 253 of the Telecommunications Act of 1996. This situation will make it difficult, if not impossible, for cities to regulate and receive compensation for 'the private use of public rights-of-way. The full costs to cities, and the taxpayers, for right-of-way maintenance and management is rarely recouped. With many more entrants requesting access to the rights-of-way the cost could become staggering to many cities. The League is well positioned to spearhead an effort to effect the changes needed. Iowa cities need to be kept informed and educated on telecommunications issues. In other states the telephone and cable industries have sought to limit local authority through legislation The League needs to be vigilant in observing the activities of the Iowa Legislature. (Don Avenson is US West's lobbyist.) It is possible, even likely, the issue will eventually be decided in court. The League could be instrumental in raising the necessary funds to sustain such a challenge. I urge the Board to make these issues a high priority. Sincerely, Naomi J. Novick Mayor tp3-2.mb,doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA $2240-1826 · (319) 356-5000 · FAX (31e/) 356-5009 Karen K bby CiTY COUNCIL MEMI~E~ CMc Center 410 E. Waehlngton St. Iowa City, IA 52240 ¢19) ~5~-50~0 (319) ~50-5009 (FAX) Residence 728 2nd Avenue Iowa City, IA 52245 (319) ~84321 CITY OF I0 WA CITY Printed on 100% recycled paper -10% po~t-con~umer fiber~ To: City Council Date: February 10, 1997 Re: Police Policies In addition to the twenty-two items outlined by staff for our discussion of police policies, I would like to add a few more ideas and topics. 1. Non-violence training and philosophy. I would like us to review the mission statement of the police department. The overall context in which we provide police services to the community should be directed by the City Council through this mission statement. This then gets lived out by the kind of training we provide and policies and supervision we institute at the local level. I have done some research which I shared months ago with Steve Arkins about non-violence training being the core curricula after the Academy in some police departments across the country. I've attached my oufiine of resources to this memo. 2. Community standards. 'I have heard staff and Council members talk about community standards for providing police services in Iowa City. I'm not sure I could outline these. How do we know what they are without some kind of community process? A starting point may be the Vision 2000 statement, but there are some specific questions the community may have as a result of the death of Eric Shaw. I strongly encourage Council to devise a strategy that would help us illicit input on community standards. I am not asking to be let off the hook in making the hard decisions on these issues. In eight years on council I have made my share of unpopular and tough decisions. I am suggesting that community participation before we conclude the definition of our community standards is a logical and democratic way to establish such standards. I have a few specific suggestions as to the topics of this discussion: a. Use of force policy. b. Open door policy. c. The announcement of police presence on private property. d. Ammunition size and type. This discussion could take place on a regular basis as part of our 5-year accreditation cycle (I'm not sure I agree to this, but a majority has said they want to continue on this path). There may be different topics that would be more appropriate each 5-year cycle. 3. All policies should be written. If there is built in discretion left to the officer, than that should be written down and accommodated by our training regiment. 4. Any time a gun is drawn it should be done because the officer feels in danger. This means it is a tense situation and the adrenaline will be flowing. I would like us to have the officer have some "down-time" after a gun is drawn. I'm not sure of the appropriate amount of"down-time" but I'm sure our officers, other police departments, emergency service providers, or psychologists could help us determine the appropriate amount of time. 5. There are many possibilities of community crisis that council should be prepared to deal with as community leaders. I do not believe we were or are prepared. It would be helpful for us and future councils to have some kind of crisis plan. Whether it is a death of a citizen caused by the actions of a public employee, a flood, an exploding building, or some other unforeseen situation, we need to deal with it better than we dealt with the death of Eric Shaw. The best time to think about this is outside of that crisis time. I would suggest that we commit to this concept and finish our discussion and decision-making about specific police policy and personnel issues before tackling this issue. 6. As many of us have already committed to, go forward with our Freedom of Information Act request to the Attorney General for the release of the full DCI report if the County Attorney does not honor our request. Thank you in advance for your thoughtful consideration of these issues. CONTACTS FOR COMMUNITY STANDARDS FOR POLICE SERVICES, COMMUNITY BASED POLICING, AND NONVIOLENT PHILOSOPHY/TRAINING FOR POLICE DEPARTMENTS Martin Luther King Center for Non-violent Social Change, Inc. Bernard James 449 Auburn Ave., N.E. Atlanta, Georgia 30312 (404)526-8942 He refered me to Charles Alfen, Spears Westbrook, and John Jones. He suggested that looking at a profile of our current police force can help us view the s~rengths and weaknesses of our PD. Looking at the age, educational level, and experience of our force. He guessed that we lacked officers with 8-14years experience, as do many departments around the country, and that these are traditionally the peer group who become trainers. Charles Alfen (former St.Louis PD) Dr. Bernard Lafayette (contemporary of MLK) (770)981-8718 Offers training for police departments from the perspective of community based police services, non-violence, and a workbook with training for trainers so that we can carry on by ourselves without the need to keep calling them back in for additional training. He said he would send me some info with a description of what they have to offer and some testimonials from Dther cities, as well as a price sheet. His emphasis is the community's involvement in the provision of police services. Spears Westbrook South Carolina Criminal Justice Academy (803)896-7786 Had 29 officers trained via Alfen's 5 week course trainig. Thought it was outstanding. There is a 2 day community training that he felt was just OK. He gave them some feedback and they will be making some updates to the training. Spears refered me to Tom Sexton and to Reverand Jim Abbott. He also suggested we talk with the Balitmore, MD police department about being recently trained in some new curriculum that was very community based. We should check this out. John Jones Florida Institute (305)237-8065 Had 3,000 officers trained via Alfen's format in Dayton County (Miami area). Likes it alot. Tom Sexton Chief of Police in Mt. Pleasant, SC (803)849-2770 Mt. Pleasant is just outside of Charleston. The PD has 70 officers. They have national accreditation. Felt it was a good self assessment on community policing and reconciliation issues. They did not need full time attention by a command staff officer; it was added on to their other duties. Reminded me that you can get the audit list from the accreditation board and go through a self assessment without going through accreditation. Reverand Jim Abbott (803)787-0392 Spears Westbrook's clergy. Rev. hosted a community training in Columbia and Spartanberg, SC about police matters. I haven't talked with him. Non-Abusive Physical and Psychological Interventions P.O. Box 473 Auburn, Maine 04212-0473 (207)782-0074 Attn: Kirk Lalemond I left a message with them and haven't heard back yet. I understand that they offer training to redirect a situation without physical contact and if with physical contact, to do so without harm to the person. This technique has been used in prisons, with police forces, and psychiatric wards. PUBLIC SAFETY Iowa City will be known as a community that keeps its people and its environment free from harm and injury. Through the City departments charged with public safety, resources will be directed toward education, prevention and enforcement to enhance the quality of life in Iowa City. IOWA CITY FIRE DEPARTMENT The Fire Department's purpose is to reduce the risk of death, injury, and property loss from fires, medical emergencies, hazardous material releases, and other disasters. To this end, the Department will provide a well-coordinated and timely response to emergencies within Iowa City, and enhance public safety in the community through preventive activities such as code enforcement and public education programs. GOALS · Promote public education in the methods and techniques of fire and injury prevention. · Participate in the enforcement of the building and fire codes. · Conduct "cause and origin investigations" and participate in prosecution of arson cases. · Organize the operations of the department to deal effectively with the various types of emergencies which present themselves. · Instruct personnel in the required knowledge and skills. · Develop plans and objectives which make efficient and effective use of its resources and plan for the future fire safety needs of the community. · Continue to seek cooperative working relationships with other depa~a~ents and agencies promoting public safety. IOWA CITY POLICE DEPARTMENT The Iowa City Police Department will protect the rights of all persons within its jurisdiction to live in peace, to be free from crime, and to be secure in their possessions through education, prevention, and enforcement. GOALS · Generate understanding about the nature and extent of crime and encourage public support for crime' prevention. · Crimes can be deterred by proactive police and an involved citizenry. The Department will deploy forces to deter crime and to inspire confidence in its ability to promote a peaceful and crime-free environment. · Once a crime has been committed, initiate the criminal justice process: 1. identify and apprehend the offender 2. obtain necessary evidence 3. cooperate in prosecuting the case · Attempt to recover lost and/or stolen property, to identify its owners and to ensure its prompt return. · Enforce traffic laws, investigate accidents, and direct the safe movement of all users of the street system. · Respond to calls for emergency and routine service, aid or advice as necessary and/or possible. · Develop personnel capable of providing the public with professional law enforcement. · Develop annual objectives which make efficient and effective use of its resources and plan for the future public safety needs of the community. · Continue to seek cooperative working relationships with other departments and agencies promoting public safety. -11- City of Iowa City MEMORANDUM Date: To: From: Re: February 11, 1997 The Honorable Mayor Naomi J. Novick and Members of the City Council Linda Newman Woito, City Attorney ~, Draft Report to City Council; Police Practices and Procedures, and Review of State and Federal Law Attached please find my "draft report to the City Council," which is substantively complete -- but still needs some editing and polishing. However, in light of the upcoming meeting on Thursday, February 13, 1997 to discuss some of these issues, together with the fact that four City Council Members will be out of town on Wednesday (tomorrow, February 12, 1997), I wanted to get this to you tonight, namely Tuesday, February 11, 1997. Please call if you have questions. cc: City Manager Assistant City Manager City Clerk Police Chief City Attorney Office Staff Inw\reportl .mmo DRAFT Date: To: From: Re: February 11, 1997 The Honorable Mayor Naomi J. Novick and Members of the City Council Linda Newman Woito, City Attorney Report to City Council: Police Practices and Procedures as Compared to Other Iowa Cities; Review of State and Federal Law Governing Police Procedures Summary of Findings, Conclusions and Recommendations 1. Iowa City's written police policies and unwritten practices are generally consistent with other law enforcement departments throughout Iowa, with a few minor exceptions. 2. Even if law enforcement officers follow state law, their conduct may still be in violation of the Fourth Amendment, because the United States Supreme Court has the last word on the subject. 3. There are no Iowa, Eighth Circuit Court of Appeals (which includes Iowa) or U.S. Supreme Court cases which find Iowa City's former practice of "open door/building security checks" to be either lawful or unlawful. However, the 1980 American Bar Association "Standards for Criminal Justice" and Professor LaFave, a well-respected expert on the Fourth Amendment, both recognize a "building security check" as lawful police activity. In contrast, some states limit the "commercial building check" to circumstances where the officer has no reason to believe the owner would not consent. The Tenth Circuit is the only circuit which rejected this "building security check" as unlawful under the Fourth Amendment. 4. Iowa City's practices on "building search/security checks" are generally consistent with the ILEA training on tactics and factors to be considered. 5. While the Iowa City police practices used in August 1996 were lawful under both state and federal law, some of the officers' actions were not necessarily wise or prudent, but Iowa City has taken positive steps toward acknowledging this fact. 2 6. The shooting of a firearm is a "use of deadly 'force," and can only be lawfully done where a · person poses a "threat of a significant risk of injury to the officer or others, or a serious threat of death to the officer or others." This rule applies to all states and local law enforcement officers. Based on a review of the facts in the Shaw claim, the use of deadly force was not warranted under state or federal law. 7. In reviewing whether a law enforcement officer has misused deadly force or has used "excessive force," both Iowa and federal courts look to' the Fourth Amendment to the U.S. Constitution and apply an "objective test of reasonableness." This means looking at the facts of the case from the perspective of a "reasonable officer on the scene" -- rather than with the 20-20 vision of hindsight. 8. The Eighth Circuit Court of Appeals (which includes Iowa) cautions against a "Monday morning quarterback" approach in reviewing whether use of deadly or excessive force is reason- able under the Fourth Amendment. 9. Ordinarily a city cannot be liable for the unconstitutional actions of its employees under 42 U.S.C. §1983, 'where the only connection is the employee-employer relationship (known as respondeat superior). However, a city may be liable for a §1983 constitutional claim where the constitutional deprivation occurs as a result of the city's adopted customs, policies or practices which have either been officially approved by the policymakers, or where the policymakers have tacit knowledge of a practice and do nothing to change it. 10. Comparable to discrimination law, the courts may look to the actions or inactions of policy- makers taken after law enforcement officers' unconstitutional conduct (e.g. excessive use of deadly force) as to whether the policymakers approved or disapproved of the unconstitutional conduct. In such cases, the courts look unfavorably on cities whose policymakers "stonewall" the incident and take no actions such as reprimands, discharge or acknowledgement of lower-level employees' abuse of deadly force. 11. However in our case, courts would look favorably on positive steps taken by a policymaker -- as was the case in the Shaw incident. That is, when the Iowa City Police Chief amended the "open door policy," initiated the "Internal Affairs Report" which recommended discipline, and the City Council timely settled the claim, a court would likely view these factors favorably. 12. Law enforcement officers are entitled to "qualified immunity" which protects them'against constitutional claims under 42 U.S.C. §1983 where the officer's actions, when later viewed by a court, are deemed objectively reasonable in light of the legal rules that were clearly established at the time. This means that, with respect to Iowa City's former "open door" practice, because no "clearly established constitutional rule" banned such security checks, the police officers would be entitled to "qualified immunity" on this issue. 13. The qualified immunity defense would not likely be available to the officers with respect to the fatal firing of the gun, because the law on "deadly force" was clearly settled at the time. Nonetheless, where an officer is sued in their official capacity and was acting within the scope of their employment (as Gillaspie was), both the City and the insurance carrier have a duty to defend and indemnify under state and federal law. 14. Attorney's fees are awardable under 42 U.S.C. §1988 to "prevailing" §1983 claimants, even where the claimant prevails by reason of settlement or consent decree. 15. "Display of a sidearm or loaded weapon" is viewed by at least one county in Iowa as a "use of deadly force," although neither the Eighth Circuit, the Iowa Courts nor the U.S. Supreme Court have directly addressed this issue. Other circuit courts are addressing the issue, but this body of law is still evolving. 16. I join in with the recommendations presented to the City Council in the "Joint Report" prepared by the City Attorney, City Manager, and the Police Chief released February 1, 1997. However, I want to add an additional recommendation--and the City Manager and Police Chief concur. That is, I recommend the Iowa City Police Department incorporate, as components of their training, both for field training and a special "refresher course" -- instruction and review on tactics dealing with "building searches." 4 Building Search/Security Checks: Used Consistently Throughout Iowa 1. My review of other cities' practices in conducting "building searches," which I did by review- ing their written documents and then speaking with city attorneys and one police chief, revealed that unwritten practices for such security checks is common practice throughout Iowa -- even though the only written policies are those building searches that deal with canine units. Also, the practices throughout Iowa generally follow the training received at the ILEA. In gathering this information, I spoke with persons from the following cities and counties: Des Moines, Dubuque, Sioux City, Ames, Cedar Rapids, Davenport and Polk County, Iowa. I talked with Johnson County Attorney J. Patrick White, and also spoke at length with the trainers and the lawyer for the ILEA. I report the following: Des Moines, Iowa. · Former Des Moines Corporation Counsel Ivan Webber said that when he represented Des Moines from 1986-89, he recalls police had a "downtown commercial building security check" practice. The focus of this practice was in the Downtown area where the officers were familiar with the businesses, and the owners presumably consented to the practice. · I spoke with Doug Phillips, presently an Assistant Oity Attorney for Des Moines. His assigned duty in the Legal Department is representing the Police Department. He explained the following: - An "open door" would be deemed suspicious in terms of security of the building. - The officers would call for backup, and would surround the building and determine how many people should enter. They would then draw their weapons and go through the door. The guns would be in a "low ready position," with the gun pointed at an angle in front of the officer and at the floor, with their finger off the trigger. Qnce a perceived threat was seen, the finger would be on the trigger and the officer would be ready to engage the threat. Dubuque 5 · I spoke with the Police Chief (after being referred to him by City Attorney Barry Lindahi). · Dubuque is a city of 59,000 people, and has 84 police officers. [I asked this question out of my own curiosity.] · The building search is a verbal practice, and is generally performed in commercial areas. The Police Chief noted that they call someone (e.g., owner) if they can get a hold of them; otherwise, the police go in for an "open door." Sioux City Speaking.with James Abshier, City Attorney for Sioux City: · Sioux City uses a canine unit, so the dogs and their assigned officer would do the search according to written policies. · If the canine unit is not available and an 'emergency exists, the officers would go in and secure the building, with guns drawn. · Ordinarily the police would not go in even if the dogs are not available unless a real emer- gency exists. Ames Speaking with Assistant City Attorney Judy Parks: · There are no written policies, but Ames does have a practice for doing building searches. · If the police deem that an unlawful entry has been made, the canine unit will be called; entry will be made only after approval of the commanding officer, and they will enter in a "slow con- trolled entry". 6 · If it is just an "open door," the police officers will make an attempt to contact the owner and have them come down; otherwise, the police will call the canine unit with the commanding officer's approval, and again do a "slow controlled entry." Cedar Rapids Speaking with City Attorney David McGuire: · There is no written policy, but a building search is left to the discretion of the officers. Davenport Speaking with City Attorney John Martin: · There are no written policies, except the use of canine units (see attached). · As noted in the Davenport policy, many of the factors taught by the ILEA Academy for "building searches" are the same "checklist of factors" to be considered by officers when entering a building, even when the dog does the most dangerous part of the search -- namely, entry. [See below for further discussion of ILEA training.] Polk County. Sheriff's Office Speaking with Lt. Dennis Anderson, Chief Deputy to the Sheriff and former member of the Patrol Division: · There are no written policies, but building searches are not uncommon for the patrol. · A security check by the Patrol Division would secure the building with at least two people, posting them back far enough from the building so they could see both sides of the building. · The deputies would attempt to contact the owner; if no owner was Iocatable, the deputies would enter the building with guns drawn to determine if there was a burglary in process. · Prior to' entry, the deputies would announce themselves, reasoning that the deputies pre- ferred giving the person inside an opportunity to "give themselv. es up" prior to a "dynamic entry." 7 In sum, all Iowa cities follow the same general practice for building search/security checks, and these practices are generally consistent with the practices taught by the ILEA -- with some variation on emphasized tactics. Johnson County Attorney's Office Speaking with J. Patrick White, Johnson County Attorney: · He said he had never been confronted with a motion to suppress evidence based on a "building search/security check;" that he had not done any research on Fourth Amendment implications attendant thereto; and had no opinion (without doing research) on Iowa City's long, standing practice of building searches. 2. Of all the city attorneys I spoke with, only two were aware of the "building search" practice: Ivan Webber (Des Moines 1986-89) and James Abshier (Sioux City, which has a canine unit for such searches). 3. Prior to September 13, 1996, which was when Police Chief Winkelhake adopted a more stringent "open door/alarm security check" policy, there were no written policies in the Iowa City Police Department governing "building searches." The practice for "building searches" has been a long-standing practice in the Iowa City Police Department, as in other Iowa departments, dating at least back to the 1960s. The Iowa City Department relies on training the officers receive at the ILEA. As pointed out in the earlier "Joint Report by the City Attorney, City Manager and Police Chief to the City Council" presented to you last week [hereafter "Joint Report"], a written policy was once in place concerning "building searches," see memo from then-Police.Chief Harvey Miller dated 1985 in the Joint Report. That memo was uncovered by one of the Iowa City police officers -- although the memo was not in the Police Department. The memo specifically noted that "firearms will be drawn only under the following conditions: B. As personal protection in building or area searches where the officer has a reasonable belief that substantial harm might befall him/her if deadly force was not present and immedi- ' ately available;..." 8 4. The training and actual practices on "building searches," received by Iowa law enforcement officers during the ILEA program, is outlined in the Handbook, see pages in the "Joint Report" on pale yellow paper. The "checklist of factors" to be considered before and during a building search, tactics and warnings about the inherent dangers all must be weighed by the officer. I highlight some of these factors found in the Handbook: · Always check a building as if it were occupied. · Backup--never try to search a building alone. · Verbal challenge (identification of self as law enforcement or "halt"). · Civilian interference should be avoided. · Enter or wait--is there another reasonable option? · High/low approach--search officer almost always takes a low position. · Cover and contact/search officer--one officer always covers, while one searches; know what your role is. · Room entry--avoid the fatal funnel or "kill zone"--which is walking into an area where the suspect has control of the area with their gun. · Work the angles. See yellow pages in Joint Report, page 14. The training covered in the written Handbook and classroom discussiod is then followed up with actual field training on "building searches" at Camp Dodge, located north of Des Moines, where the officers are put through simulated exercises. In speaking with Mr. Rod Van Wyck, the ILEA trainer on "building searches," he highlighted the training as follows: · If there is an open door, you should consider the building. occupied. 9 · You enter the open door (presuming that the door was left open either by mistake, or that criminal activity is afoot) with your weapon drawn--preferably with your finger to the outside of the trigger. · The entry should be made free from civilian interference. Mr. Van Wyck relayed to me a truly frightening "war story" from when he was a deputy sheriff (which he shares with his trainees). In response to an alarm, he called the owner of the drugstore who then came down to the area. The deputy told the owner to stay by the squad car, and Van Wyck entered the building with a drawn weapon. He saw the silhouette of a figure in the building--and had the man not worn a distinct looking hat, he would have shot the owner--but fortunately realized who the person was prior to shooting. Even more frightening was that the owner had entered the building with a loaded gun to "help the deputy out." · The officers are taught to search with their eyeballs first; that the contact or search officer should always enter in a "low ready position" -- which is in a crouched position, with the gun pointed toward the ground and in front of you, with your finger off the trigger. The covering officer is behind you, with their gun angled away from the officer in front. Van Wyck emphasized that you should "know your role" -- meaning wl~ether you are the cover officer, or the contact/search officer. · Van Wyck noted that building searches are one of the most hazardous things law enforce- ment officers do. He also suggested that when a new business comes to town, they used to do what he called "three calls" -- meaning visiting the business three times, to find out where their safes were located, who the building owners were, who the managers were, what their hours were, and other matters relating to the business operation. In this way, you could perhaps assert the deputies had "implied consent" to enter the building in the event they found a door ajar. · In revisiting Iowa City's new "open doodalarm policy," we might consider receiving "consent forms" from businesses as to whether they want the police to do building search/security checks. · When asked as to whether the officers should or should not identify themselves or announce their entry, Van Wyck stated that announcing or identifying themselves eliminates the element of surprise. In any event, the option to announce or identify themselves is just one item on the checklist found in the Handbook and covered in the ILEA training, and is ultimately left up to the discretion of the officer -- based on the circumstances confronting the officer at the time. 10 · When asked about the "legal underpinnings" of the "building search practice" as taught by the ILl:A, the attorney noted the question had never been raised before, but it would be his opinion that the "community caretaking exception" to warrantless searches under the Fourth Amendment was appropriate in Iowa as a long-standing practice. 5. I found no Iowa, Eighth Circuit Court of Appeals (which includes Iowa federal courts) or United States Supreme Court cases which specifically found that "building search/security checks" were either lawful or unlawful under the Iowa Constitution or the Fourth Amendment to the U.S. Constitution. Nor did I find any cases that are directly on point -- meaning dealing with the set of facts and circumstances presented in the Shaw incident. 6. However, I did find that other states and two major experts have long recognized that police tasks include a wider range of tasks and duties than simply identifying and apprehending crimi- nals, and have listed "building security checks" as a special exception to the Fourth Amendment. · For example, the American Bar Association (ABA) and a leading expert in the legal field of "Fourth Amendment Search and Seizure Law," Professor LaFave, have both recognized that either "by design or default, the police are also expected to 'reduce the opportunities for the commission of some crimes through preventive patrol and other measures,' 'aid individuals who are in danger of physical harm,' 'assist those who cannot care for themselves,' 'resolve conflict,' 'create and maintain a feeling of security in the community,' and 'provide other services on an emergency basis.' An entry and search of premises purportedly undertaken for such reasons as these may sometimes result in the discovery of evidence of crime, in which case a determination of the lawfulness of such police activity is required." LaFave, SEARCH AND SEIZURE: A TREATISE ON THE FOURTH AMENDMENT (Third Edition 1996), Section 6.6, page 390 [hereafter "LaFave 1996"] [quoting the ABA Standards for Criminal Justice, at Section 1-2.2.]. · LaFave states this same "safety/security check" in two earlier versions of his Treatise, namely 1978 and 1987. 11 · In other words, Professor LaFave as early as 1978, and the ABA as of 1980 explicitly recognized an exception to the general rule of "no warrantless searches of private property without a warrant under the Fourth Amendment,"~ LaFave 1996, page 392. 7. The United States Supreme Court has recognized the "emergency-aid exception to protect persons," see Mincer v. Arizona, 98 S.Ct. 2408, 2412 (1978) where an undercover officer was allowed into suspect's apartment to do a "drug buy." When the officer heard sounds of gunshots and entered a bedroom, the U.S. Supreme Court ruled that the officer's entry into the bedroom to render aid to preserve life was a valid exception permitted under the Fourth Amendment. In Michi.qan v. Tyler, 98 S.Ct. 1942, 1950 (1978), the U.S. Supreme Court recognized this same "emergency-aid exception" to protect property [police officers and firefighters permitted to enter burning building and investigate cause of blaze]. 8. The United States Supreme Court has also adopted a "community caretaking exception" to the Fourth Amendment, recognizing that law enforcement officers are required to protect personal property, as well as people and dwellings, Cadv v. Dombrowski, 93 S.Ct. 2523, 2530 (1973) [community caretaking function extends to personal property]. In the Cady case, the officers impounded a car to protect the car as well as the community where the owner was drunk, the car was abandoned and constituted a nuisance on the road, and the driver said he was a Chicago Police officer (known to carry guns). The Cady Court found the car was lawfully towed and the gun was lawfully removed from the trunk m all as a reasonable means to protect bypassers or strangers finding the gun. 9. In summary, this "building search/security check" has long been recognized in the U.S. as a law enforcement practice which society expects and demands, see LaFave's §6.6 found in all three treatises on Search and Seizure m 1978, 1987 and 1996. The reasoning behind this rule has been specifically recognized in three state courts (California, Illinois and Alaska), where the courts find that the vast majority of commercial owners expect the police to be vigilant in protect- ~The Fourth Amendment to the U.S. Constitution states: "The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated and no Warrants shall issue, but upon probable cause, supported by Oaths or affirmation, and particularly describing the place to be searched, and the person or things to be seized." The Fourth Amendment has been applied to the states by reason of a U.S. Supreme Court decision, Mapp v.. Ohio, 81 S.Ct. 1684 (1961). Prior to 1961, the Fourth Amendment was thought to only apply to the federal government. 12 ing property against unwanted intruders, such as when law enforcement officers see a building is unsecured, see Alaska v. Myers, 60t P.2d 239 (Alaska 1979). 10. The Tenth Circuit has specifically rejected the "building search/security check" exception to the Fourth Amendment, United States v. Bute, 43 F.3d 531,537-539 (10th Cir. 1994), finding an open garage door in a commercial building to present no "immediate need to protect property." 11. Iowa has specifically adopted the "emergency-aid exception" to protect life, State v. Emerson, 375 N.W.2d 256, 258-59 (Iowa 1985), based on both the Iowa Constitution and the Fourth Amendment.2 In the Emerson case, the court found that a deputy sheriff's entrance into a house to check on the safety of the residents, after defendant called the sheriff and reported "an emergency," was a proper entry into the house under the "emergency-aid doctrine." This was a case of a murder and attempted suicide, and the husband had called the sheriff and said there was an "accident out here." Officers found defendant's wife dead and defendant wounded. Because the officers had reason to believe someone was in danger, the Court found entry into the house was lawful under the Fourth Amendment. 12. Iowa also recognizes the "community caretaking" exception to the Fourth Amendment to protect property and public safety, State v. Mitchell, 498 N.W.2d 691 (Iowa 1993). In Mitchell, the officer had stopped a motor vehicle because the taillight was out. The Iowa Supreme Court found 2The Iowa Constitution protecting persons against warrantless searches and seizures reads: "Personal security -- searches and seizures. Sec. 8. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable seizures and searches shall not be violated; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be seamhed, and the persons and things to be seized." Iowa Constitution, Article I, Section 8. The Iowa Supreme Court specifically r~cognizes that both the Fourth Amendment to the United States Constitu- tion and the Iowa Constitution "...protect citizens against 'unreasonable searches and seizures.' The purpose of this protection is to safeguard the privacy and security of individuals against arbitrary invasion by government officials [cite omitted]. It is well settled that, subject to a few carefully drawn exceptions, warrantless searches are per se unreasonable." State v. Carlson, 548 N.W. 2d 138, 140 (Iowa 1996) ["Carlson"]. The United States Supreme Court states the rule much the same as the Iowa Court, namely that Searches "...conducted outside the judicial process, without prior approval by judge or magistrate are per se unreason- able under the Fourth Amendment - subject only to a few specifically established and well-delineated exceptions." Katz v. United States, 88 S.Ct. 507, 514 (1967). 13 that police officers' duties extend to caretaking and legitimate public safety concerns, and that the officer's investigatory stop of the driver was an appropriate stop under the Fourth Amendment. 13. In a recent application of the "emergency-aid exception" to protect life, namely State v. Carlson, 548 N.W.2d 138, 140-143 (Iowa 1996) [hereafter "Carlson], the Iowa Supreme Court went beyond a mere recognition of "protecting life," but said that this "emergency-aid exception" likely extends to protection of property, Carlson, at 140-41. That is, by quoting LaFave with approval, and by noting that police officers "by design or default" are expected to do preventive patrol, the Iowa Supreme Court seems to have acknowledged that the "emergency-aid exception" to the Iowa Constitution and the Fourth Amendment applies to property as well as people, Carlson, at 141. The Carlson Court also noted that the protection of property in the "community caretaking" case of the U.S. Supreme Court, namely Cadv v. Dombrowski, was not limited to car searches, but extended to personal and other property, Carlson, at 141, n. 3. 14. Both Iowa and the Eighth Circuit recognize the "emergency-aid doctrine" is distinct from the other exceptions to the Fourth Amendment requirement, because an officers' entry to protect life and/or property is lawful where a reasonably prudent law enforcement officer has reasonable cause to believe that either a person is in need of assistance, or a property is in need of securing against unlawful intrusion; see also U.S.v. Selber.q, 630 F.2d 1292, 1294 (8th Cir. 1980. This "objective reasonableness test" is a less stringent test than "probable cause" m see discus- sion of "probable cause" in separate materials being prepared for educational purposes. 15. The United States Supreme Court generally takes the position that courts should not second- guess law enforcement officers in the context of Fourth Amendment questions, since the officers must make split-second decisions, often with ambiguous facts. Thus, courts are directed to review law enforcement officers' conduct using the "objective reasonableness test," e.g., Connor v. Graham, 109 S.Ct. 1865, 1872 (:1989). 14 Fourth Amendment to the U.S. Constitution and Iowa Constitution Protect Persons Against Unreasonable Searches and Seizures 1. Iowa follows and relies on the U.S. Supreme Court's application of the Fourth Amendment. For example in State v. Brown, 253 N.W.2d 601 (Iowa 1977), the Iowa Supreme Court found that when Cedar Rapids police officers went to the defendant's (Brown) apartment to execute a search warrant for controlled substances, the officers knocked on the door, shouted "police," and heard the sound of running and shuffling. Police then entered, and found the defendant at the edge of the bathroom - with approximately ten packets of heroin on the floor near his feet, and another 38 packets of heroin in his pocket. 2. The Court found that the officers did a "knock and announce," waited approximately two to five seconds before knocking the door down and entering; and that in the face of possible escape or destruction of evidence, the facts certainly constituted an "exigent circumstance," State v. Brown, at 602-604. So while the officers may not have complied completely with the "knock and announce rule," exigent circumstances nonetheless existed in order to enter the apartment without a warrant, State v. Brown, at 605. But see United States v. Marts, 986 F.2d 1216, 1217 (8th Cir. 1993), where the Eighth Circuit found that less than a five-second lapse after a "knock and announce" was not sufficient under the federal "knock and announce" rule; and that information concerning possible weapons inside the trailer home was not sufficient to constitute "exigent circumstances." For a more detailed discussion of general "search and seizure" law under the Iowa Constitution and the Fourth Amendment, see my instructional primer which is nearing completion. 15 Brief Review of Use of Force, Including Deadly Force and Excessive Force 1. The rule on "deadly force" was established by the U.S. Supreme Court in 1985 in Tennessee v. Garner, 105 S.Ct. 1694 (1985) [hereafter "Garner"]. In Garner the court found that shooting a fleeing suspect constituted a "seizure of the person" under the Fourth Amendment to the U.S. Constitution, and required application of the "reasonableness" requirement, Garner, at 1699. For the text of the Fourth Amendment to the U.S. Constitution, see Footnote 1 above. In Garner, police officers were responding to a call that a prowler was inside a dwelling. The officer arrived, heard a door slam, and saw someone run across the backyard. The police officer yelled "police, halt." The suspect continued to run and jumped over a six foot chain link fence. The officer thought the man was about 18 years old, and started to chase the young man. Because the suspect did not stop and since Tennessee law permitted the officer to shoot because Garner ran, the officer shot the teenager (Garner) in the back of the head. The young man died. Police later learned Garner was 15 years old and in the seventh grade, and was unarmed. He had taken $10 from a purse in the house. The Garner Court found that the common-law "any fleeing felon" rule adopted by Tennessee in its state code was unconstitutional, and that such state law could not be relied on to justify shooting a suspect who, although he ran to escape, presented no danger to the officer or to other persons in the area. The Garner Court then established the following parameters for use of deadly force: · The officer may use deadly force where the suspect is actively attempting to evade arrest by flight; However, use of deadly force may only be used where the suspect or person poses a threat of a significant risk of injury to the officer or others, or a serious threat of death to the officer or others. · Where feasible, deadly force should only be used after some warning has been given by the officer. Garner, at 1701. Note: For a more detailed explanation of the history of the old common-law rule which permitted shooting "any fleeing felon," see my "Primer on the Use of force, Including Deadly Force" being prepared separately for instructional purposes. 16 2. In 1989, the U.S. Supreme Court expanded Fourth Amendment protections to include excessive force used in an investigatory stop, Graham v. Connor, 109 S.Ct. 1865 (1989) [hereafter "Graham"]. An "investigatory stop" or detention by a law enforcement officer is deemed a "seizure" under the Fourth Amendment when law enforcement actors have 'by means of physical force or show of authority...in some way restrained the liberty of a citizen,' Terry v. Ohio .... 88 S.Ct. 1868, 1879 n. 16 .... (1968); ... see Brower v. County of Inyo ....109 S.Ct. 1378, 1381 ....(1989)." Graham, at 1871. · Graham was a diabetic who apparently experienced the beginning of an insulin reaction. He asked a friend to drive him to a convenience store so he could purchase orange juice. A police officer saw Graham quickly enter and leave the store, became suspicious and followed the car. Graham stopped, got out of the car, and sat on the curb. The passenger told the police officer Graham was suffering from a "sugar reaction." Graham passed out. In the ensuing confusion, a number of police officers arrived. One officer rolled Graham over on the sidewalk, cuffed his hands behind his back, and ignored the friend's plea to get Graham some sugar--explaining he was diabetic. The officers thought Graham was drunk, placed his face on the car hood, and shoved his face against the car. A friend brought Graham orange juice to drink, but the officers refused to let Graham have it. A scuffle resulted, Graham suffered a broken foot and other cuts, and an injured shoulder. The Graham Court found that treatment by the officers was a "seizure of the person" under the Fourth Amendment, but the question of whether it was "unreasonable" was to be decided on remand (return) to the lower courts. · In this Graham case, we were again reminded by the U.S. Supreme Court to use an "objective reasonableness test" in reviewing the conduct of law enforcement officers in the Fourth Amendment context, such as where an officer is claimed to have misused deadly force, or used excessive force, Graham, at 1872. The "objective reasonableness standard" means that a court must look to the reasonableness of a particular use of force from the perspective of a reason- able officer on the scene, having the knowledge and experience of a reasonably trained officer, and having all the facts and circumstances then available to the officer, and "cannot be applied with the 20/20 vision of hindsight." Graham, at 1872. As a practical matter, this means that the officer's conduct will be reviewed based on.all the facts and circumstances 17 surrounding each eventmwithout regard to the officer's underlying intent or motivation (subjective test). The Graham Court explained it this way: "An officer's evil intentions will not make a Fourth Amendment violation out of an objectively reasonable use of force; nor will an officer's good intentions make an objectively unreason- able use of force constitutional." Graham, at 1872. · Finally, the U.S. Supreme Court reminds us that officers must make split-second decisions, further explaining the "objective reasonableness standard": "The calculus of reasonableness must embody allowance for the fact that police officers are often forced to make split-second judgments--in circumstances that are tense, uncertain, and rapidly evolving--about the amount of force that is necessary in a particular situation." Graham, at 1872. 3. In 1989, the U.S. Supreme Court expanded the definition of "deadly force" to include law enforcement officers' use of a "dead man's roadblock"--which resulted in the death of a suspect who led law enforcement officers on a high speed chase through the County of Inyo, California, Brower v. County of Invo, 109 S.Ct. 1372 (1989) [hereafter "Brower"]. In this case, law enforce- ment officers made several attempts to stop Brower unsuccessfully, and finally set up an 18- wheel trailer-tractor truck across both lanes of a two-lane highway along the road where Brower was driving. It was dark, and the family claimed a police car had its headlights pointed in the direction of Brower's car--so that he would be blinded by the light. The roadblock was clearly intended to stop Brower, and it did. Brower was killed when he collided with the roadblock. The U.S. Supreme Court found in Brower that law officers' use of the roadblock to stop the suspect constituted a "seizure of the person" under the Fourth Amendment, and was subject to the "reasonableness" standards of a warrantless seizure. The case was remanded to the lower courts to determine whether the seizure was "unreasonable" as a misuse of deadly force. 4. Although the Brower Court found the roadblock constituted a Fourth Amendment "seizure," the Brower decision has raised questions of what constitutes a "seizure of the person" under the Fourth Amendment, hinting that not all restraints of a person are entitled to the protections of the Fourth Amendment as a "seizure of the person," but only those seizures which are the result of an officer's "intentional acquisition of physical control," Brower, .at 1383 (J. Stevens, concurring). 18 Yet the Court also acknowledged that a seizure "occurs even when an unintended person or thing is the object of the detention of taking .... [cites omitted] but the detention or taking itself must be willful." Brower, at 1381 [emphasis added]. Justice Scalia explained: In determining whether the means that terminates the freedom of movement [of the suspect or person being chased], it is the very means that the government intended we cannot draw too fine a line, or we will be driven to saying that one is not seized who has been stopped by the accidental discharge of a gun with which he was meant only to be bludgeoned, or by a bullet in the heart that was meant only for the leg. We think it enough for a seizure that a person be stopped by the very instrumentality set in motion or put in place in order to achieve that result. It was enough here, therefore, that, according to the allegations of the complaint, Brower was meant to be stopped by the physical obstacle of the roadblock--and that he was so stopped." Brower, at 1382.3 5. The Eighth Circuit Court of Appeals (which Includes Iowa) follows the Graham/Brower "objective standard" for reviewing claims of misuse of deadly force, and also for excessive force cases, Cole v. Bone et al., 993 F.2d 1328 (8th Cir. 1983); Ta.qstrom v. Pottebaum, 668 F. Supp. 1269 (N.D. Iowa 1987); Schulz v. Lon.q, 44 F.3d 643 (8th Cir. 1985). 6. There are no Iowa or Eighth Circuit cases on the question, but one circuit finds use of canine units constitutes a "use of force" -- to be reviewed under the Fourth Amendment "reasonableness standard," Chew v. Gates, 27 F.3d 1432 (9th Cir. 1994). Some Iowa cities who use canine units consider them to be "use of deadly force," 7. Courts do not look favorably upon policymakers who take a "stonewalling position" after use of deadly force incidents. Although there are no Iowa, U.S. Supreme Court or Eighth Circuit cases on this issue, some courts recognize that once a law enforcement department or office becomes aware of officers' misconduct or misuse of power, the departments or the policymaker's silence or refusal to correct actions may result in city liability (in addition to the officer's liability), Grandstaff v. City of Bor.qer, Texas, 767 F.2d 161 (5th Cir. 1985). This law is important to Iowa 3The Brower Court clearly left a number of questions for another day. For example, some federal courts are finding that "innocent bystander" injuries constitute "seizures" under the Fourth Amendment, and must be subject to the test of "reasonableness." Other circuits have found that such injuries must be analyzed under the "shocks the con- scious/substantive due process analysis." See Note: When an Innocent Bystander Who Is Iniured By a Police Officer Can Recover Under Section 1983, 25 MEM. ST. U.L. REV. 781 (Winter 1994). Suffice it to say for purposes of this Report, these issues remain unsettled law. 19 City, since several circuits--including the Eighth Circuit, apply a similar rule to discrimination cases. That is, the courts look to how a municipality, its department heads and its policymakers respond to an incident after the incident has occurred--in order to determine whether the city, the policymakers, or the police chiefs have approved, either by silence or inaction, the abuse or reckless use of deadly force or excessive force, thereby making the municipality, as an entity, liable under 42 U.S.C. §1983. As noted above in my Summary, Iowa City did not fall into this "stonewalling" trap, but the facts of the case warrant retelling. · In the Grandstaff case, which comes out of a Texas City in the Fifth Circuit, James Grandstaff lived in a house at the end of a road that went into a private ranch. Sometime in the early morning around 4 a.m., two City of Borger policemen signaled the driver of a pickup truck to stop. The officers thought the driver was a known fugitive. When the driver refused to stop, three police cars gave chase at high speeds, with the driver eventually turning from the highway into the 6666 Ranch. Three police cars were joined by two more at this point. James Grandstaff and his family were awakened by the noise of gunfire, which the officers were aiming at the pickup truck containing the suspected fugitive. Grandstaff was then a foreman of the Ranch, and lived there with his wife, daughter, and two stepsons. Grandstaff went to the window of his house, saw the police flashing lights, and heard commands being shouted over a loudspeaker. He quickly dressed and drove his own pickup down the road approximately 100 yards to investi- gate the problem--"no doubt thinking himself safe in the presence of so many law enforcement people." Grandstaff, at 165. After Grandstaff reached the police cars, he saw the pickup and heard the call on the police loudspeaker for the suspect to come out with his hands up. Grandstaff then drove back to his house, to warn his family that police were after someone who could possibly be making their way toward the home. Grandstaff returned to his own pickup to assist the police officers. As his pickup reached the patrol cars for a second time, the officers opened fire on him from two sides. He managed to get out of the pickup, but was shot in the back with a high powered rifle. Grandstaff was dead before he could be taken to the hospital. An hour later, the wounded suspect was found near the highway, having hidden in an outbuilding near the Grandstaff home. At the time of the shooting, there were five police cars in a line, manned by six City of Borger policemen--which constituted the entire night shift. All the officers were heavily armed, and Grandstaff's family sued four of the officers and the city for civil rights violation under 42 U.S.C. §1983, as well as for state tort claims. In response to the lawsuit and the incident, the police chief and the officers stated their actions were in compliance with state law, they saw a target, 2O and they fired. They made no changes in policy or practices, but only denied liability. Grandstaff Court concluded: The "The City and officers insist, to this day, that they are free of fault and deserve no blame. They display no sense of obligation other than to this joint disclaimer and defense. There is not a single word in this record [trial record] about any effort at any time by the City of Borger to avoid police failure or abuse." Grandstaff, at 166. In finding the city liable as an entity, the Fifth Circuit's language was even stronger: "The disposition of the policymaker may be inferred from his conduct after the events of that night. Following this incompetent and catastrophic performance, there were no reprimands, no discharges, and no admissions of error. The officers testified at the trial that no changes had been made in their policies. If that episode of such dangerous recklessness obtained so little attention and action by the policymaker, the jury was entitled to conclude that it was accepted as the way things are done and have been done in the City of Borger. If prior policy had been violated, we would expect to see a different reaction. If what the officers did and failed to do on August 11, 1981 was not acceptable to the police chief, changes would have been made... As subsequent conduct may prove discriminatory motive in a prior employment decision, see McDonnell Douglas Corp. v. Green...93 S. Ct. 1812, 1824...(1973) ....so the subsequent acceptance of dangerous recklessness by the policymaker tends to prove his preexisting disposition and policy." Grandstaff at 171. As a general matter, it is very difficult to find liability against a municipal entity based on a single incident and the inactions of one policymaker, but the Grandstaff4 case is a good example of how such liability might occur. · Please take note that Iowa City Police Chief Winkelhake's response and review of the Department's practices on "open doors," plus the Chief's ordering an internal review of the matter which recommended disciplinary action, together with the City Council's timely settlement of the claim and acknowledgement of responsibility for the death of Eric Shaw, were all affirmative, 4The Eighth Circuit Court of Appeals has adopted the Grandstaff rule concerning "actions taken after an incident," se.e. Keller v. Truska, 694 F. Supp. 1384, 1388 (E.D. of Mo. 1988) [court agreed with the principles set out in the Grandstaff case in dicta, meaning the statement is instructive, but not controlling]. 21 positive steps taken by Iowa City policymakers to demonstrate the City did not fall into the trap that befell the City of Borger. 8. Iowa generally follows U.S. Supreme Court and federal cases concerning use of deadly force, e.g., Katko v. Brinev, 183 N.W.2d 657 (Iowa 1971), which is the famous trap gun case of 1971, which held citizens cannot use deadly force to protect property alone, but may use deadly force to protect persons --if confronted with deadly force. Iowa has specifically prohibited spring or trap guns by state law, §704.4, Code of Iowa (1981) and (1995). The common law rule concerning use of reasonable force and "meeting force with like force" is codified in state statute, §704.1, Code of Iowa. 9. Although Iowa statutes loosely follow the rules set out in Garner regarding "deadly force," see §804.8, Code of Iowa (1995), compliance with state law does not necessarily mean compli- ance with constitutional law. This rule was made very clear by the U.S. Supreme Court in 1985, see discussion dealing with Tennessee v. Garner above. However, if the constitutional law is "unsettled" and unclear to a reasonably prudent and competent law enforcement officer, the officer will be protected from §1983 claims by reason of a "qualified immunity defense" (for example, the law concerning "building searches"). 22 Brief Review of General §1983 Law Concerning Constitutional Violations 1. The federal statute of 42 United States Code (U.S.C.) §19832 was passed in the late 1800s after the Civil War. The statute was originally designed to deal with racial discrimination; but during the 1960s, attorneys rediscovered the statute. 2. Only violation of constitutional rights or federal statutes give rise to §1983 claims. Most constitutional rights are found in case law (court decisions) interpreting both state and federal constitutions. This means "constitutional rights" are not easily located in a code book, such as the Code of Iowa. 3. Violation of state law does not necessarily rise to the level of a §1983 constitutional claim, Davis v. Sherer, 104 S.Ct. 3012, 3018 (1984). Nor does an officer's violation of a departmental rule mean a §1983 constitutional violation has occurred, Id. 4. A §1983 claim does not require that any specific intent be shown, but only that the injury to constitutional rights is reasonably foreseeable by the actor. This rule applies to constitutional claims, on the theory that a person should be responsible for the natural consequences of their actions. Monroe v. Pape, 365 U.S. 167, 187 (1961). Moreover, where judges give jury instruc- tions that a §1983 claim requires "specific intent to cause constitutional injury," the reviewing or appellate courts find such jury instructions are in error- meaning the case is retried, see Caballero v. City of Concord, 956 F.2d 204, 205-206 (9th Cir. 1992). 5. A negligent shooting, without more, does not state a §1983 claim, Rinker v. County of Napa, 831 F.2d 829 (9th Cir. 1987) [negligent shooting of suspect in a drug raid did not constitute a constitutional violation]. In the Rinker case, the court gave the wrong jury instruction, namely that 542 U,S.C. §1983 reads as follows: "Every person who under color of any statute, ordinance, regulation, custom, or usage, of any State or TerritoW or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia." §1983 was originally thought to apply only to the federal government, but in 1961 the United States Supreme Court found that the term "person" included state officers acting in their official capacity, Monroe v. Pape, 365 U.S. 167 (1961). In 1978, the Court further expanded §1983, enabling citizens to sue cities and counties, Mcneil v. Dept. of Social Services, 436 U.S. 658 (1978). 23 "lack of due care" (simple negligence) was sufficient to create liability under ¢91983. Because the jury instruction was wrong, the case was returned to the lower court for retrial, Rinker, at 831. 6. "Gross negligence" is not enough to state a §1983 claim, although some courts hint that "recklessness" may rise to the level of a constitutional claim, e.g. Archie v. City of Racine, 847 F.2d 1211 (7th Cir. 1988). Also, in Keller v. Truska, 694 F. Supp. 1384, 1387 (E.D. of Mo. 1988), one federal court (located within the Eighth Circuit) noted that the level of culpability such as "recklessness" was a question specifically left open by the U.S. Supreme Court in Davidson~ v. Cannon, 474 U.S. 344 (1986), see Keller, at 1387. 7. Cities cannot be liable based solely on unconstitutional conduct of lower level employees, Mortell v. Dept. of Social Services, 436 U.S. 658 (1978). But where a claim is made that the city's official "customs, policies or practices" caused the constitutional violation, a §1983 claim can be directly asserted against the entity, Mortell, supra. 8. One method of establishing an unconstitutional "custom, policy or practice" is an assertion of inadequate training. The United States Supreme Court has recently set a very high standard of proof to establish when a city could be liable for "inadequacy of police training." That is, the claimant must show, by a preponderance of the evidence, that the failure to train amounts to "deliberate indifference" to the constitutional rights of persons who are affected by the lack of training, City of Canton vs. Harris, 489 U.S. 378 (1989). I found no cases in Iowa or the Eighth Circuit which have found a city or county liable for inadequate training. Moreover, based on my review of the law and Iowa City's training policies and practices, there is no showing that Iowa City acted "with deliberate indifference" to training needs. 9. An action filed against a law enforcement officer in their official capacity is actually an action against the entity, and is intended to impose liability on the entity, Brandon v. Holt, 469 U.S. 464 (1985). Where the officer was acting in their official capacity as a law enforcement officer under federal law, and was acting within the scope of their employment under state law, any unconstitu- tional conduct would, as a practical matter, be the responsibility of the City. This rule holds true because Iowa has a legal duty to defend law enforcement officers against civil claims, including constitutional claims, if they are acting within the scope of their employment, Chapter 670, Code of Iowa (1995). Iowa law takes a very broad view of "scope of employment," so even if an officer exceeds their authority, the courts find they should not be subjected to personal liability m but rather, the entity pays, Monroe v. Pape, 365 U.S. 167 (1961); U.S.v. 24 Farmer, 400 F.2d 107 (8th Cir. 1968). This means as a practical matter that, an officer sued in their official capacity in Iowa is entitled to be defended and indemnified unless found by a court to have acted with "willful" or "wanton" conduct {}670.12, Code of Iowa. 10. Law enforcement officers are also protected by a "qualified immunity" if their conduct, when viewed under the facts and laws then known to them, did not violate the person's.constitutional rights which were clearly and legally settled at the time. Harlow v. Fitz.qerald, 457 U.S. 800 (1982). The courts apply an "objecti've test" to the officer's conduct, meaning whether a law enforcement officer, who is reasonably well trained, would have understood and acted similarly under the same or similar facts and circumstances. Anderson v. Creighton, 483 U.S. 635 (1987). Another way of explaining this police officers' "qualified immunity" is this: where courts find that reasonable officers could disagree on whether certain actions were appropriate and lawful, courts will generally find that the officer is entitled to the protection of qualified immunity against §1983 claims, Malley v. Bri.q.qs, 475 U.S. 335 (1986). Applying this law to the facts of the Shaw claim,'the immunity would likely extend to the "building security" check, but not to the firing of the weapon. 11. No such immunities are available to cities or counties, Owen v. Citv of Independence, 445 U.S. 622 (1980) [municipality may not assert a good faith defense to a §1983 action]. However, cities are immune from punitive damages, City of Newport v. Fact Concerts, Inc., 453 U.S. 247 (1981). 12. The general "American rule" as to who pays the attorney fees was reaffirmed in 1975, whereby each party in a lawsuit bears the cost of their own attorney fees unless there is some statute stating otherwise, Alyeska Pipeline Service Company v. Wilderness Society, 95 S.Ct. 1612 (1975). In response to this 1975 decision, Congress enacted the Civil Rights Attorney Fees Awards Act of 1976, authorizing reasonable attorney fees to prevailing parties in §1983 claims. This statute was later codified as 42 U.S.C. Section 1988. Attorney fees are now awardable for claimants who are successful on §1983 claims, even though the claimants "prevail" on only one portion of their claim, Hensley v. Eckerhart, 103 S.Ct. 1933, 1937 (1983). This rule holds true whether claimants settle or go to trial. More detailed instructional materials will be used for a "refresher course" on police civil liability issues. 25 Display of Weapons as "Use of Force" Viewed Differently by Federal Courts 1. There are no U.S. Supreme Court cases, Iowa cases or Eighth Circuit cases which treat a drawn weapon as a "use of deadly force." The only Eighth Circuit case I found was United States v. Padilla, 869 F.2d 372 (8th Cir. 1989), where an officer arrested Padilla and a friend, William Chippas,. for trafficking in cocaine. John Lett was acting as an informant foi' the federal govern- ment and was a friend of Chippas. After an "arranged" drug sale, Chippas and Padilla were arrested in a hotel room. Additional police officers entered the hotel room, and Chippas became angry, claiming his friend, John Lett, had betrayed him and threatened to "get even." In response to this and after arresting and handcuffing Chippas, federal agent Stoddard held a loaded revolver under Chippas' chin, and warned him not to carry out any threats against John Lett (the govern- ment informant). The Eighth Circuit Court of Appeals found that this single act of holding a gun under Chippas' chin did not establish that Chippas had been treated with outrageous conduct, and that this single incident of so-called "police brutality" was not sufficient to state a §1983 claim, U.S.v. Padilla, at 3,79. 2. There is no uniform "rule" set forth by the various federal courts as to whether a drawn weapon constitutes a "seizure of the person" under the Fourth Amendment. However, one decision in the Seventh Circuit, which includes Illinois, treated a drawn weapon as a "use of deadly force" and thus applied the deadly force/Graham "objective reasonable test" under the Fourth Amendment, Alto v. City of Chica.qo, 863 F. Supp. 658 (N.D. III. 1994). 3. The various federal courts are still deciding whether a drawnweapon which temporarily stops a person from leaving the area constitutes a "seizure of the person under the Fourth Amend- ment." Attachment cc: City Manager Police Chief Asst. City Manager City Clerk City Attorney Office Staff 'ILEA Faculty Inw'~police\report2.pol JAN-31 97 10:~8 FROM:OAV CITY AOMIN 319-386-7736 TO:B193565009 P~:08 USE OF CANIRE UNITS - I! Geneca~ ~UlSS for other than K-9 officers/handlers at various scenes. 2. Do not co~ca~inate the area L~ a~ way. S~ay o~ aa ~uuh as ~oaa~le. order~ to ~o eo by a SUpe~iso= a= che scene. 4.AS~is~ the K-9 Unit only ae re~ee~ed by t~e K-9 offi~/h~dler. S.Use ~ON SENS~ ~he~ ~king w~th the K-9 ~nit 6.Keep away fr~ ~ind~s and doors. 7. Kee~ Loud noises and Calk to an ~eo~ute minW ~ ~ K-9 ~nlt ~rking. Extin~eh all lights and lighting (flashligh~8, 9. Keep area ulear o~ all civilian ~ceonnel. 10. ~hen ~ ~roet Ls made, the originating unl~ or unite assisting the K-9 Unit will take over and ~rans~ ~d ~k the 8us~(8). USE OF ~I~ ~ITS - Building Seethes ~ 1. When ~= ha8~ been de~o~ined tha~ =here has been ~ b~m~-~n, ~he K-9 Unit should ba used ~o ae~re the ~. mcene de=e~inoa o~he~se. Cost,nation of =he ~=o~de ~ea o~uld b~ keg= Co a m~n~ so ae no~ to confuse ~he of~lcer/handler eo he may deterins the be8~ ac=i~ ~o ~ t~n. 4. The officers on the outeLde of the building ~LI1 no= enter building a= an~ time ~nlesn upe~lfically asked ~ the K-9 office=/ha~dler. They ~211 also ol~nato noise ~ ~ch am along wi~h a~y outside distracting ~lghts. If there ~s An apprehension ~de by ~he K-9 Unit, =he ~o ~he handling The K-9 critter/handler will be responsible for ~ny wupplemennary Johnson County ~IOWA q~ Sally Stutsman, Chairperson Joe Bolk¢om Charles D. Duffy Jonathan Jordahl Stephen P. La¢ina BOARD OF SUPERVISORS February 13, 1997 FORMAL MEETING Agenda 1. Call to order 9:00 a.m. 2. Action re: claims 3. Action re: formal minutes of February 6th. 4. Action re: payroll authorizations 5. 9:00 a.m. - Public Hearing on Zoning and Platting applications: a) First and Second consideration of the following Zoning applications: Application Z9660 of Marvin Gregor, Solon, signed by Ronald McGuire, Ely, contract purchaser, requesting rezoning of 1.99 acres from A1 Rural to RS Suburban Residential of certain property described as being in the SE 1/4 of the SW 1/4 of Section2; Township 81 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This property is located on the north side of 120th Street NE, approximately 1/2 mile east of Shueyville in Jefferson Twp.). 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWACITY, IOWA 52244-1350 TEL: (319) 356-6000 FAX: (319) 356-6086 ~ IO~A CIIY CLERR F~om, Jo Ho~a~¥ R-1R-9? ~,46am p. 3 of 6 Agenda 2-13-97 Page 2 Application Z9662 if Brad Amendt, Iowa City, signed by Glen Meisner of MMS Consultants Inc., requesting rezoning of 3.98 acres (2 lots) from A1 Rural to RS Suburban Residential of certain property described as being Lot A of Amendt Second Subdivision located in the SE 1/4 of Section 11; Township 80 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This property is located on the north side of Sugar Bottom Road NE, approximately 3/4 of a mile southeast of its intersection with Anchorage Road NE in Newport Twp.). o Application Z9663 of Richard Borehard, Iowa City, requesting rezoning of 1.99 acres from A1 Rural to RS Suburban Residential of certain property described as being in the NW 1/4 of Section 32; Township 80 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (This property is located on the south side of Rapid Creek Road NE, approximately 1.0 mile northeast of its intersection with Lynden Heights Road NE in Graham Twp.). b) Discussion/action re: the following Platting applications: Application S9659 of J. David Butler requesting preliminary and final plat approval of James David & Carol Butler Subdivision, a subdivision located in the NE 1/4 of the SE 1/4 of Section 26; Township 79 North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 1.16 acre, residential subdivision, located on the south side of Kountry Lane at its east end in East Lucas Twp.). Application S9679 of David and Susan Schmidt requesting preliminary and final plat approval of Black Diamond Addition, a subdivision described as being located in the SE 1/4 of the SE 1/4 of Section 28; Township 79 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 3.103 acre~_farm~l~ad split, located on the south side of Black Diamond Ro _.~..~Wribne~ mile west of Highway 1 SW in Union Twp.). ~:~' ~ ~o: I~ C[T~ KLE~K F~om: Jo Ho~a~¥ ~-12-97 9,46am p. 4 of § Agenda 2-13-97 Page 3 o Application S9683 of Clyde and Lenora Seaton, signed by Tim Lehman, requesting preliminary and final plat approval of Seaton Subdivision (A Resubdivision of lots 23, 24, 25, 26 of North High Point Revised), a subdivision described as being located in the East 1/2 of the NW 1/4 of Section 21; Township 79 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (rhis is a 2-lot, 10.00 acre, residential subdivision, located on the north side of American Legion Road SE, approximately 800 feet southeast of Aaron Drive in Scott Twp.). Application S9680A of Hugh Maher, signed by Jim Lichty of MMS Consultants Inc., requesting preliminary and final plat approval of John Maher Subdivision, a subdivision described as being located in the SW 1/4 of the NW 1/4 of Section 25; Township 80 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (This is a 1-lot, 4.91 acre, farmstead split, located on the north side of 310th Street NW, approximately 300 feet east of the 310th Street NW and Oasis Road intersection in Graham Twp.). Application S9687 of Robert & Penny Dullea requesting preliminary and final plat approval of Dullea First Subdivision, a subdivision described as being located in the SE 1/4 of the SE 1/4 of Section 7; and the NE 1/4 of the NE 1/4 of Section 18; all in Township 81 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This is a 3-lot, 41.33 acre, residential subdivision, located on .the north side of Seneca Road NW, approximately 1/2 mile east of the Blain Cemetery Road NW and Seneca Road intersection in Jefferson Twp.). Application S9688 of Rich Yeggy, signed by Donna Yeggy, requesting preliminary and final plat approval of McCune Subdivision, a subdivision described as being located in the South 1/2 of Section 3; Township 81 North; Range 5 West of the 5th P.M. in Johnson County, Iowa (This is a 2-lot, 40.0 acre, residential subdivision, located on the east and west side of Vulcan Avenue NE, approximately 1/8 of a mile east of the Vega Road NE and Vulcan Avenue intersection in Cedar Twp.). Agenda 2-13-97 Page 4 6. Business a) b) Application S9689 of Roy Anderson requesting preliminary and final plat approval of Highland Forest Estates II (A Resubdivision of Parcel No. A) a subdivision described as being located in the West 1/2 of the SW 1/4 of Section 36; Township 81 North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This is a 2-lot residential with 1 non-buildable outlot, 40 acre, residential subdivision, located approximately 1/4 of a mile east of Hendershot Road via a 60' access easement in Penn Twp.). from the Planning and Zoning Administrator. Motion setting public hearing. Other 7. Business from the County Auditor. a) Action re: permits b) Action re: reports 1. County Auditor's quarterly report of fees collected. c) Motion authorizing the Auditor to publish the FY '98 proposed budget summary and notice of public hearing for public hearings to be held on February 27, 1997 and March 6, 1997 at 5:00 p.m. d) Other 8. Business from the County Attorney. a) Report re: other items. 9. Business from the Board of Supervisors. a) Motion authorizing advertisement of S.E.A.T.S. Director position. b) Action re: Compensation Board's recommendation for salaries of elected officials. c) Motion accepting Diane Siglin resignation from the Johnson County Task Force 'of the Heritage Area Agency on Aging and authorize Chairperson to send a letter of appreciation. d) Other To, IOWA CIYY CLERR From, Jo Houart¥ R-1R-g7 9,46am O. § of § Agenda 2-13-97 Page 5 10. Adjoum to informal meeting. a) Discussion re: advertisement of S.E.A.T.S. Director position. b) Inquiries and reports from the public. Reports and inquiries from the members of the Board of Supervisors. d) Report from the County Attorney. e) Discussion re: Fiscal Year '98 budget. Other 11. Adjournment. STATEMENTS MADE BY CAROL DEPROSSE ON FEBRUARY 11~ 1997 165 days have passed since Eric Shaw was killed. Duling this 165 days the public has leamed some about what happened that night, and some about the conduct of city business in the aftermath of that night. During this time the public has learned some about how the city manager and the chief of police run the city and the police department, as well as some about what they know or don't know about what some would call the routine business of tke police department. During this 165 days the public has learned some-although some would call it a lot--about how elected officials can shut the public out from whc[t is certainly one of the worst things to happen in our city's history. During this 165 days hundreds of citizens have expressed themselves in variety of forums, regarding Eric's negligenfiy caused death. This includes guest opinions and letters-to-the editor in the local papers, a candlelight vigil, e-mails, telephone calls, personal notes and letters to councilpersons, correspondence on Johnson County News, talk radio, writing and ca]ling the county attorney and the U.S. District Aftomey, establishing a web site on the intemet, and coming here on many Tuesday nights. Citizens for Justice and Accountability in the Death of Eric Shaw believes that public opinion has always been on the side of seeking truth. In an effort to put pressure on the council to throw down its gloves and quit fighting public opinion, we formed to encourage the community effort necessary to find as much of the truth as there is to be found. And for any of you who question our moti- vation, there is a point of satisfaction for most of us, and a very large part of that satisfaction is when most of the questions and puzzling itemss about Eric's killing are reasonably answered and explained. The killing of Eric Shaw was certainly no routine matter. This was the killing of a citizen as a result of what appears to be police officers who did not think things through. Thinking actions through is something many of us assume police officers are trained to do, especially in the kind of situation that presented itself the night of August 30. This was not a killing that occurred as a result of a protracted standoff between the police and someone with a weapon. This was not a killing the result of a high-speed chase. This was not a killing the result of angw words and physical violence, or one of a fleeing suspect. This was a killing resulting from nothing more than an open door on a quiet summer night. To date, there is no believeable rea- son for the fact that the only person thus far held ccountable has been Officer Jef- frey Gillaspie. For many of us, finding out why what happened ch'd happen, does not mean examining only the four or five minutes from Troy Kelsay's appearance at 11 $2 S Gilbert Street to when he placed the call for an ambulance. It means finding out/~the answer also resides in how some in our police department were conducting police business on a daily basis in the weeks and months prior to the killing of Eric Shaw as a result of policies and procedures--writtten and unwritten--of the City. The public's effort to get more answers has been met with strong resistance. The council has not yet answered C JADES questions, submitted to you a month ago. The council has had only one public session, 5 months after Eric's death, on this matter. A session in which the public saw and heard some counciLmembers be nearly mute on the subject. A session in which the public--which has many questions--was not allowed to participate. From almost the very beginning, the public has suggested many th/ngs for its city council to do. That public, however, has seen its elected officials fail to demand that the county attorney instigate an independent investigation. That public has seen its elected officials fail to find out it there is a person or a group who could conduct an independent investigation for the city in the absence of the county attorney agreeing to do so. That public has seen its elected officials fail to call upon the U.S. District Attorney to see it federal law might have been broken, leaving that request to fall to the Shaw family. That public has seen its elected officials fail to call for public hearings on the issue, or to ask citizens to meet with the council confidentially to see it there is valuable ir~tormation to be learned. The public has, however, heard the council affirm the people you oversee before you have have given us the confidence that you have much of an idea about what happened prior to August 30th, on August 30th, and after August $0th. Whether you like it or want to believe it or not, there is a storm out there and you have barely gotten your toes damp. We all knowthat a sizeable segment of the citizenry is restless, angry, and fea~ul, about the killing of Eric Shaw. Without making the effort to find out ff people's stories and concerns have merit, without finding out how unwritten policies may have allowed for some of the 60+ officers in the department to variously interpret them in ways that might be unacceptable, we will not know it the police department has been operating in the absence of appropriate oversight, In your failure to allay suspicion, you fuel suspicion. The county attorney, in a sel~-deprecating and se~-congratulatory way, has constructed a wall in his head, one that prevents him ~rom seeing how he could help the city move forward on this issue. The City Manager and the Chief of Police have run a public relations campaign in the form of press releases, press con/er- ences, appearances at the Press Citizen forum, and a public presentation--at the City Manager's request-of the answers to some of Council's questions, in a format that was not conducive to meaning/ul inquiry. It was not surprising to hear people patting themselves on the back over what great jobs they have done. And the City Council hides behind a wall constructed of stubborn disregard for the public outcry that still ensues, 5-1/2 months after Eric Shaw was killed by an Iowa City police officer. 165 days since August 30th and everyone who could have done something has so far failed to undertake the effort necessary to fully investigate the issues surrounding the killiug of Eric Shaw. What has to happen in this town we ask, to get you to understand that something is not right in the conduct of the city's business? Statement of Februarv 11, 1997