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HomeMy WebLinkAbout02-13-2001 General Orders OPS-17.1 RACIAL PROFILING Date of Issue ~ General Order Number ~ January 10, 2001 01-01 Effective Date ~ Section Code February 1, 2001 OPS-17 Reevaluation Date ~nds / Cancels December 2001 C.A.L.E.A. Reference ~ 1.2.4,1.2.9,41.3.8,61.1.2.9 INDEX AS: : "' Racial Profiling Search and Seizure .. - Complaints Traffic Stops Supervisor Responsibilities Arrests Warrants Discipline I. PURPOSE The purpose of this order is to unequivocally state that racial and ethnic profiling by members of this department in the discharge of their duties is totally unacceptable, to provide guidelines for officers to prevent such occurrences, and to protect officers from unfounded accusations when they act within the parameters of the law and departmental policy. II. POLICY It is the policy of the Iowa City Police Department to patrol in a proactive manner, to investigate suspicious persons and circumstances, and to actively enforce the laws, while insisting that citizens will only be detained when there exists reasonable suspicion (i.e. articulable objective facts) to believe they have committed, are committing, or are about to commit an infraction of the law. Additionally, the seizure and request for forfeiture of property shall be based solely on the facts of the case and without regard to race, ethnicity or sex. OPS-17.2 III. DEFINITIONS Racial profiling - The detention, interdiction, exercise of discretion or use of authority ~" against any person on the basis of their racial or ethnic status or characteristics. Reasonable suspicion - Suspicion that is more than a "mere hunch" or curiosity, but is based on a set of articulable facts and circumstances that would warrant a person of reasonable caution to believe that an infraction of the law has been committed, is ,;a'bout to be committed or is in the process of being committed, by the persor_~or pe?~ons under suspicion. ("Specific and articulable cause to reasonably believe cr~.i~l aSttvity~T~ is afoot.") IV. PROCEDURES The department's enforcement efforts will be directed toward assigning of~F~ those areas where there is the highest likelihood that vehicle crashes~Nill reduced, complaints effectively responded to, and/or crimes prevented through proactive patrol. A. In the absence of a specific, credible report containing a physical description, a person's race, ethnicity, or gender, or any combination of these shall not be a factor in determining probable cause for an arrest or reasonable suspicion for a stop. B. Motorists and pedestrians shall only be subjected to investigatory stops or brief . detentions upon reasonable suspicion. C. Traffic enforcement shall be accompanied by consistent, ongoing supervisory oversight to ensure that officers do not go beyond the parameters of reasonableness in conducting such activities. 1. Officers shall cause accurate statistical information to be recorded in accordance with departmental guidelines. 2. The deliberate recording of any inaccurate information regarding a person stopped for investigative or enforcement purposes is prohibited and a cause for disciplinary action, up to and including dismissal, D. Motorists and pedestrians shall only be subjected to investigatory stops or brief detentions upon reasonable suspicion that they have committed, are committing, or are about to commit an infraction of the law. Each time a motorist is stopped or detained, the officer shall radio to the dispatcher the location of the stop, the description of the person detained, and the reason for the stop, and this information shall be recorded. E. If the police vehicle is equipped with a video camera, the video and sound shall be activated prior to the stop to record the circumstances surrounding the stop, and shall remain activated until the person is released. .,~.) F. No motorist, once cited or warned, shall be detained beyond the point where there exists no reasonable suspicion of further criminal activity. OPS-17.3 G. No person or vehicle shall be searched in the absence of a warrant, a legally recognized exception to the warrant requirement as identified in General Order 00-01, Search and Seizure, or the person's voluntary consent. 1. In each case where a search is conducted, information shall be recorded, including the legal basis for the search, and the results thereof. 2. A cursory "sniff" of the exterior of a vehicle stopped for a traffic violation by a police canine may be recorded on the department's canine action report form. I_._.~ i.~0~fCers shall receive initial and ongoing training in proactive enforcement __ tactics, including training in officer safety, courtesy, cultural diversity, the laws L.', .... governing search and seizure, and interpersonal communications skills. 1. ~'~'aining programs will emphasize the need to respect the rights of all citizens to be free from unreasonable government intrusion or police action. COMPLAINTS OF RACIAL/ETHNIC PROFILING Any person may file a complaint with the department if they feel they have been stopped or searched based on racial, ethnic, or gender-based profiling. No person shall be discouraged or intimidated from filing such a complaint, or discriminated against because they have filed such a complaint. 1. Any member of the department contacted by a person, who wishes to file such a complaint shall refer the complainant to a Watch Supervisor who shall provide them with a departmental or PCRB complaint form. The supervisor shall provide information on how to complete the departmental complaint form and shall record the complainants name, address and telephone number. 2. Any supervisor receiving a departmental complaint form regarding racial/ethnic profiling, shall forward it to the Commanding Officer Field Operations and all such complaints shall be reviewed and the complaint acknowledged in writing. The complainant shall be informed of the results of the department's review within a reasonable period of time. The report and the reviewer's conclusion shall be filed with the Chief of Police, and shall contain findings and any recommendations for disciplinary action or changes in policy, training, or tactics. 3. Supervisors shall review profiling complaints, as well as periodically review a sample of in-car videotapes of stops of officers under their command. Additionally, supervisors shall review reports relating to stops by officers under their command, and respond at random to back officers on vehicle stops. PER-01.1 DEPARTMENT DISCIPLINARY PHILOSOPHY Date of Issue General Order Number January 11, 2001 89-02 Effective Date Section Code February 1, 2001 PER-01 Reevaluation Date Amends December 2001 89-02: Effective July 18, 1989 C.A.L.EA. 26.1.2, 26.1.4, 26.1.5, 26.1.6, 26.1.7, 26.1.8 ,: INDEX AS: Disciplinary Philosophy Negative Discipline Positive Discipline Internal Investigation ' : · I. PURPOSE The purpose of this order is to state formally the Department Philosophy of discipline and to establish the policies and procedures for using training and counseling as methods of positive discipline and to set out the forms of punitive disciplinary options used by the Iowa City Police Department. II. POLICY It is the policy of the Iowa City Police Department to develop positive disciplinary procedures so as to minimize the necessity of negative, punitive disciplinary actions. The primary methods used in positive discipline may include supervisory coaching, training, tangible and intangible rewards and supervisory counseling. PER-01.2 III. DEFINITIONS POSITIVE DISCIPLINE - are those types of discipline which develop in the member the same objectives as those in the organization. ~-- A. This discipline can be developed by effectively training and counseling the employee. 1. Training 2. Counseling NEGATIVE DISCIPLINE - form of punishment or chastisement. A. When positive methods fail or are inappropriate to achieve conformity, then punitive action must follow to preserve the integrity of the organization, B. Punitive actions: 1. written warning O, 2. written reprimand , r., 3 suspen ion - :-:..-c~ 4. demotion ..... 5. termination _i ~'r,]!!": / IV. PROCEDURES DEPARTMENT DISCIPLINARY PHILOSOPHY One of the primary tasks of a supervisor is the maintenance of discipline. Discipline may be positive or negative. It may involve a range of responses including encouragement, training, counseling, or the imposition of punitive sanctions. Discipline has as its immediate purpose the channeling of individual effort into effective and productive action. The exercise of positive discipline requires foresight and planning rather than mere reaction. Positive discipline requires an assessment of actual performance and performance capabilities, which when combined with proper training, recognition, and positive rewards, may result in effective contributions to the organization. Employees who violate their oath and trust by committing an offense punishable under the laws or statues of the United States, the State of Iowa, or the Ordinances of the City of Iowa City, or who violate any provision of the Rules and Regulations of the Iowa City Police Department, or knowingly disobey any lawful order, or are incompetent to perform their duties are subject to appropriate disciplinary action. Each employee will have access to a copy of the Department Rules and Regulations. The Rules and Regulations will also be housed at specified locations throughout the police department in conjunction with the departmental Policy and Procedures manual. The iowa City Police Department expects the highest level of professional conduct from all members, both sworn and civilian. However, members of the Department often ( perform their duties in a manner exceeding departmental standards. Official commendation of such performance is provided by the Department to give full recognition to those who have brought distinction to themselves and the Department. Members who perform in such a manner may receive a letter of commendation and/or PER-01.3 a certificate of appreciation. Copies of letters of commendation or certificates of appreciation shall be kept in the employee's personnel file for the duration of their employment with the Department. TRAINING IN THE DISCIPLINARY PROCESS A. Discipline may take the form of training or experience that corrects, molds, strengthens or perfects. Such discipline allows for a professionally oriented department. 1. Training should take place in recruit school; recruit field training' in-service training, advanced training, and remedial training. ,-~ a, The training process should be designed to reinfome desirable ~: '~' behavior patterns and to call attention to noticeable actions which are :':j' "~': deemed undesirable. r'-, : i :~ b, A well-disciplined department is a well-trained department. :~ 22: The supervisor, by his/her actions, sets the example for employees to ~"-::' follow. A good example is necessary if positive discipline is to work. - ::Primary responsibility for maintaining the appropriate level of discipline : .L~ i~:~lies with the first line supervisor. : !. B. OTficer's acts, which are committed because he/she either misunderstood procedures or was never made aware of the correct action, are indicators of training needs. 1. These needs may be corrected by remedial training programs. a. Remedial training is personalized training to correct a specific deficiency which is usually identified by testing, evaluation during training, or by a supervisor evaluating an employee during routine job performance, or by acts requiring disciplinary actions. 2. A review of Internal Investigations should analyze information to determine possible training needs by identifying undesirable behavior trends of those individuals. 3. Training may be used as part of the department's disciplinary system by itself, or in conjunction with other disciplinary procedures as determined by the Chief of Police. 4. An employee may be assigned to remedial training based on the results of an Internal Affairs Investigation or by the Chief of Police as a positive measure to correct a deficiency. 5. In a non-disciplinary action, an employee may be assigned to remedial training if his supervisor, through the division commander, recommends the process to correct a lack of skill, knowledge, or abilities to perform their assigned tasks properly. 6. Upon completion of a remedial training program participants shall be evaluated to determine whether or not existing deficiencies were alleviated. Results of the evaluation shall be forwarded through the chain command to the Chief of Police. COUNSELING IN THE DISCIPLINARY PROCESS Counseling is assisting employees in the process of problem solving. It may be corrective or preventive in nature. Counseling as a component of the disciplinary system, may be employed by itself or in conjunction with one or more of the components of the disciplinary system. Counseling may focus on: PER-01.4 A. the necessity for a person to change an existing behavior, or deficient work method. B. the necessity for a person to alter behavior in preparation to be considered for additional responsibilities; C. a disciplinary problem which may be handled in a positive manner by itself, or in conjunction with other disciplinary measures. The following criteria should exist for using counseling: A. There must exist a reasonable belief that the employee has an existing problem or is experiencing difficulty in understanding, adjusting to, or internalizing matters which: 1. Are job related, pertaining to assigned tasks 2. Involve personnel policies pertaining to departmental policies 3. Involve interpersonal relationships with co-workers 4. Involve personal matters which are affecting the employees work performance. B. The process may be based on the results of an Internal Affairs Investigation concerning a disciplinary matter, by recommending counseling for the employee to the Chief of Police, as a positive measure to correct a deficiency. C. Factors must be present which indicate the employee's problem is having a detrimental effect on work performance. D.There must be a reason to believe that counseling may assist the employee in a supportive way or otherwise have a positive impact on work performance. The following procedures should be followed for using counseling as a function of discipline: A. The employee or their immediate supervisor may initiate the counseling process; B. The initial counseling effort shall be intended to find a remedy or, if not possible, to route the counseling process to one of the following as appropriate: watch commander, division commander or outside professional counseling service; C. Counseling sessions may be documented on the departm~'~%RCpOrt of Inquiry / Incident form. ::~, TYPES OF COUNSELING APPROACHES :'": 'i'~ Directive Approach - :' A. Counselor determines items to be discussed and solutions desir'ed; ~: ' B. Counselor controls and directs course of conversation. ~--:: ':' C. Used as a means of disciplining an employee, or providing spe'cific information, amplifying, clarifying the nature of the infraction and the appropriate behavior desired. Non-Directive Approach A. Employee does most of the talking, says what's on their mind. (conversation _ not steered by counselor) B. Counselor helps employee examine facts. PER-01.5 C. Counselor helps employee think through the situation, choose alternatives and solve the problem. D. Used most for problem solving instead of discipline. If internal counseling is not an appropriate remedy to the problem, then the employee may be referred to an outside counseling service, or other appropriate sources. PUNITIVE ACTION Punitive actions constitute a part of the Department's disciplinary system. Punitive actions include: A. Written warning ( may be in conjunction with other disciplinary action) B. Written reprimand (may be in conjunction with other disciplinary action) C. Suspension (may be in conjunction with other disciplinary action) D. Demotion (may be in conjunction with other disciplinary action) E. Dismissal WRITTEN WARNINGS Written warnings may be made for actions contrary to the rules and regulations or the policies and procedures of the Iowa City Police Department. A written warning may be initiated by the empioyee's supervisor. Written warnings' shall be documented on the departmental ReDOrt of Inquiry / Incident Form. WRITTEN REPRIMAND A written reprimand may be initiated by the employee's supervisor and may be applied to any infraction of policies, Rules and Regulations, for procedural errors, or any infraction of other written directives. The written reprimand shall follow the chain of command with the Chief of Police maintaining final authority. Written reprimands shall be documented on a departmental Report of Inquiry / Incident form and forwarded to the employee's personnel file in the Human Resources Department. SUSPENSION When the infraction is of such a nature that a written warning or written reprimand is inappropriate, the Chief of Police may suspend an employee. The employee shall be given written notice of the suspension and the reason(s) for'the suspension. A. Any supervisor may impose a fully paid emergency Administrative Leave of Absence on a member or employee when it appears necessary to preserve ,. the efficient and safe operation of the Department. The supervisor shall ' promptly notify the Commanding Officer, Field Operations, who shall promptly ~':: ,nT~ify the Chief of Police. -:1 ~ Any person so relieved of duty shall be instructed to report to the Office of the Chief of Police at 9:00 a.m. on the next business day, unless -- otherwise instructed. · :: a. The supervisor imposing or recommending the Administrative Leave of · '-~- Absence will report at the same time. B. E~eing relieved of duty does not constitute a suspension, demotion, or dismissal, nor shall the employee lose any pay or benefits for the time he/she was relieved on an Administrative Leave of Absence. PER-01.6 DEMOTION With proper cause, the Chief of Police may order an employee demoted. An employee may also be demoted due to lack of work, prudent business roasons, a series of violations, or one very serious violation. The employee shall be given notice in writing of the demotion and the reasons for the demotion. DISMISSAL Dismissal may occur after progressive discipline has been taken and there is no change in the employee's performance or behavior, or when an act is of a serious nature. Any employee whose conduct results in dismissal shall be provided the following: r-- A. ~.statement citing the reason for dismissal. ~ B,.., Tthe effective date of the dismissal. &_'j~.:: C:,~ ~statement of the status of fringe and retirement benefits after dismissal. ijj ": D':j .A:statement as to the content of the employee's employment record relating __J c:~ :" :~ ~ti~ the dismissal. LL :: E;: ~:statement indicating the steps and time frame in which appeals need to be "' ~.ade in accordance with the grievance process and appeals pursuant to the i~ _~]v. il service process. APPEAL OF DISCIPLINARY ACTION All appeals of disciplinary actions administered to non-sworn employees will follow the grievance procedures established within existing labor contracts and agreements. Iowa Code Chapter 400.20 is as follows: The suspension, demotion, or discharge of a person holding civil service rights may be appealed to the civil service commission within fourteen calendar days after the suspension, demotion, or discharge. The grievance process shall be initiated within the time frame spelled out the existing labor contracts. SUPERVISORS ROLE IN THE DISCIPLINARY PROCESS Supervisom are responsible for the performance, conduct, and adherence to departmental directives and policies and procedures of their subordinates, Supervisors are the initiators of the disciplinary process and should use their-knowledge of supervision, subordinates, and knowledge of the infraction and its circumstances to recommend corrective action. Any supervisor may initiate a written warning or reprimand. Written reprimands may be initiated by any supervisor but must be passed upward along the chain of command. A copy of all Report of Inquiry / Incident Form shall be forwarded to the Commanding Officer Field Operations. Suspensions, demotions, and dismissal may only be administered by the Chief of Police or designee. The Chief of Police retains final authority in aI. JI disciplinary matters. ANNUAL REVIEW OF DISCIPLINARY CASES A. The Commanding Officer, Field Operations will submit an annual report to the Chief of Police after reviewing all departmental disciplinary cases. The review will be conducted to determine the need for modifications in the following areas: PER-01.7 1 ) training 2) change in policy, procedure, or Rules and Regulations 3) adequacy of supervision 4) need for inspection or other controls B. During the review process, the Commanding Officer, Field Operations will analyze citizen complaints separately from Internal Affairs Complaints. This report will be used in the development of departmental goals in preparation for the annual planning and departmental budget process. MAINTENANCE OF DISCIPLINARY RECORDS All written records of the administration of disciplinary actions above a written warning shall be maintained in the employee's personnel file. WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of higher legal standard of safety or care in an evidentiary sense with respect to third-party claims. Violations of this directive will only form the basis for departmental administrative sanctions. 0PS-06.1 EMERGENCY OPERATION OF POLICE VEHICLES Date of Issue General Order Number January 23, 2001 95-01 Effective Date Section Code January 29, 2001 OPS-06 January 2002 C.A.L.E.A. Reference 41.2.1, 41.3.1, 4t.3.3 INDEX AS: Emergency Communications Seat Belts Traffic Stops Occupant Restraints Police Vehicle Pursuits ; - . .: I, PURPOSE The purpose of this order is to clarify the operation of departmental vehicles in non- pursuit situations. II. POLICY It is the policy of the Iowa City Police Department to ensure that all departmental vehicles are in safe operating condition and that they will be operated in a safe and legal manner. When responding to a call, members will operate vehicles in compliance with State Law and City Ordinances relating to motor vehicle operations. III. DEFINITIONS Pursuit Driving: for the purpose of this order, pursuit means chasing a fleeing suspect. OPS-06.2 IV. PROCEDURES Police vehicles responding to calls will be operated in either a routine, urgent or emergency mode. These modes are defined as: Routine (code 1 ) - Non-life threatening or property damage producing incidents. I.e. shoplifting incidents, criminal investigation reports (not in progress), loud noise or disturbance calls, requests for service and other non-emergency calls. Code 1 responses involve no use of either emergency lights or siren. When an officer is operating in a routine or code 1 mode, he/she shall obey all laws and ordinances pertaining to motor vehicle operations. Urgent (code 2) - Immediate response, though there is no imminent threat to life or property. Emergency siren may to be used intermittently at the officer's discretion. I.e. proper~y damage accident with roadway blocked. Code 2 responses involve the use of emergency lights. Emergency (code 3) - An emergency situation exists, and there is an immediate threat to a person or property. Officer should respond with emergency lights and siren. When operating in or responding to an emergency assignment the following guidelines shall be adhered to. Code 3 responses involve the use of emergency lights and siren. Emergency lights should be used at all times while ~responding to an emergency assignment. '~'~ :-.-.A..~I'~' unit assigned to depa~mental personnel shall be driven in such a ~.~_.' '~- :~anner or at such a speed that the operator is unable to safely maintain ~-~ ~ control of the vehicle. ~-.- ;~-. . B..--No unit shall be driven through an intersection which is controlled by an ; ~utomatic traffic signal when the red light is showing until said unit has ~_~~L~wed to such a speed that they could safely come to a stop. The officer ' 'may then proceed with caution. C. No unit shall be driven through an intersection which is controlled by a stop sign, until the operator has slowed to such a speed that they could safely come to a stop. The operator may proceed after determining it is safe to do SO. D. Sirens shall be used whenever necessa~ in the judgement of the officer driving the vehicle. (There are many times when the use of a siren is unnecessa~ and only creates confusion and draws crowds.) E. When emergency equipment is deactivated the responding officer shall obey all traffic laws and proceed in a manner consistent with the normal flow of traffic. Use of Emergency Lights - Emergency lights may be used when, in the opinion of the operating officer, it is necessa~ to stop violators and/or ale~ passing or oncoming drivers to dangerous situations such as accident scenes. Once the immediate or apparent need for displaying emergency lights is over, they shall be turned off. In a case where emergency lights are used to stop a violator, they shall be turned off after the violator is stopped and shall not be displayed during the writing of OPS~6.3 a citation or while conversing with the driver unless, in the opinion of the operating officer, the vehicles are stopped in a position that might create a hazard. The use of emergency lights and/or siren are dictated by the particular circumstances of a call. In the following situations, justification for the use of lights and/or siren may be determined by the officer: A. Responding to a call where there is an immediate threat to person or property. B.Stopping a vehicle on the roadway. C.At the scene of an accident. D.At a traffic control assignment. E.At the scene of a hazard or roadway obstruction. The spotlight is primarily designed for illumination of the interior of stopped vehicles. The spotlight shall not be used for signaling vehicles. When used to illuminate, the spotlight should be positioned so it will not be directed at oncoming traffic. When responding to an assignment, officers will not operate vehicles at a speed or in such a manner that inhibits his/her ability to control the vehicle. Officers will adhere to the basic rules of traffic safety, regardless of the nature of the assignment. Any officer who is involved in a collision will be required to explain his/her actions. Factors which the officer shall consider in determining the speed at which a police vehicle is operated include but are not limited to: A. the officer's ability to control the vehicle; B. roadway conditions; C. light conditions; D. traffic conditions; : ""~ ': E, nature of the offense or situation; :. F, the danger posed to the public and the officer by the speed of t~i~j:vehii~ie, The ultimate responsibility for the safe operation of a police vehicle is w~_,h '{l~e d.~rator of the vehicle. :;. The operation of a vehicle against traffic on one-way streets or controlled access roadways shall only be performed under the most extreme circumstances and, when practical, permission is received from a watch supervisor. When an officer is notified of an actual or potential emergency situation by other than the communications center the receiving officer shall report to the communications center the nature and location of the incident. When practical, the name of the person who made the initial notification to the officer should be recorded. PRIORITIZATION OF CALLS FOR SERVICE Calls for service received by the Communications Center shall be assigned a priority category. The priority assigned each call shall be based upon the urgency of the incident reported, with the highest priority given to life-threatening or potentially life- threatening situations. Calls shall be categorized and dispatched according to the following priorities: 0PS-06.4 A. Priority 1: Those calls for service that involve life threatening or potentially life threatening situations are Priority 1 calls. The dispatch of an officer or officers is urgent. If sufficient manpower is unavailable for response, the Emergency Communications Operator (ECO) may call an officer en route to or already on the scene of a call with lesser priority to respond. Examples of Priority 1 calls include but are not limited to; life-threatening medical calls, personal injury crashes, crashes with unknown injuries, officer(s) in need of urgent or emergency assistance, shootings, stabbings, violent domestic dispute calls, citizens' report of an in-progress crime against a person etc. Officers responding to Priority 1 calls may respond in a Code 2 or Code 3 mode or a combination of both. B. Priority 2: Calls for service which may require an element of surprise to apprehend a perpetrator or require a shortened. response time are Priority 2 calls. Such :jcalls include; intrusion or panic alarms, residential alarms or bank alarms :'when the business is normally open, or reports of felony property crimes in ';':!::p..~o..gress. Officers may respond to Priority 2 calls in a Code 3 or Code 2 : mode, or a combination of both. :-;C. Priority 3: ::::- ~":All other routine calls for service which require a timely, but non-emergency .... r.esponse are Priority 3 calls. Examples of Priority 3 calls include but are not - ' limited to; reports of past tense incidents where a preliminary investigation is r~luired and a suspect is no longer present, first-aid calls which do not involve life-threatening circumstances, property damage vehicular crashes, person(s) in custody who are not combative. Officers shall respond to Priority 3 calls in a Code 1 mode. D. Priority 4: Calls for service which are of such nature that they may be taken when the area car is available. Priority 4 calls include but are not limited to animal complaints, parking problems which pose no traffic hazard, etc. Officers will ~espond to Priority 4 calls in a Code I mode. · Ur~lT ASSIGNMENT To the extent possible the nearest area car will be assigned as the initial unit of a Priority 1 call and will normally respond in either a Code 2 or Code 3 mode. The next nearest unit should be assigned as the second unit to the call. Secondary unit(s) should consider responding in a Code I mode. However, if the gravity of the situation and/or the distance to be traversed would unnecessarily delay the arrival of the assisting unit(s), the secondary unit(s) may respond in a Code 2 or Code 3 mode. In these circumstances, the responding officers must weigh the jeopardy their response presents to themselves and the public. The assisting officer(s) must remain mindful of the fact that other emergency vehicles may be responding to the area in a Code 3 mode. OPS-06.5 To the extent possible, the nearest area car will be assigned as the initial unit on a Priority 2 call and will normally respond in either a Code 2 or Code 3 mode. The next nearest unit should be assigned as the second unit to the call. Secondary unit(s) should consider responding in a Code 1 mode. However, if the gravity of the situation and/or the distance to be traversed would unnecessarily delay the arrival of the assisting unit(s) the officer(s) may elevate their response to Code 2 or Code 3. Priority 3 calls should be assigned to an area car. If the ECO determines that there will not be an area car available in a reasonable amount of time, the ECO may assign an available unit from another area. To the extent possible, the complainant should be advised by the ECO of a timeframe in which a unit will be responding. When circumstances preclude a unit from responding in a reasonable amount of time the ECO may set up a time convenient with the complainant for an officer to respond. SUPERVISOR RESPONSIBILITIES Watch supervisors have the responsibility to monitor the use of emergency response(s) by subordinates. Supervisors have the authority to upgrade, downgrade, or discontinue the response of a subordinate. UNMARKED VEHICLES Operators of unmarked police vehicles should be constantly aware of their reduced visibility and adjust their response and tactics accordingly. While officers in unmarked vehicles will respond to incidents, they should not be assigned as the initial unit on an emergency call. All unmarked vehicles which are routinely used for traffic enforcement shall be equipped with emergency lights and siren. PURSUIT Officers of the Iowa City Police Department engaged in pursuit shall comply with section 321.231 of the Code of Iowa and will be governed by the Iowa City Police Department Genera! Order # 99-01 Police Vehicle Pursuits. ESCORT SERVICE _ At no time shall private vehicles or other emergency vehicles (law enforcement, fire department, ambulance service, etc.) be given an escort by a member of this department. With prior notice a watch supervisor may authorize an escort of a funeral procession. This section does not preclude officers from guiding "lost" motorists, or providing non- emergency escorts for businesses. OCCUPANT RESTRAINT All employees of the Iowa City Police Department are required to utiJize safety belt devices whenever the employee operates a departmental vehicle and shall comply with Iowa Code 321.445 requiring the use of safety belts on all front seat occupants.' ' OPS-06.6 Persons being transported in the back seat of marked patrol cam should be restrained with a safety belt, when they are cooperative it does not compromise the safety of the officer(s) involved. R~~'~'~hie~'~of Police WARNING This directive is for departmental use only and does not apply in any cdminai; Or civil proceeding. The department!;policy should not be ::construed as a creat on of a :h gher legal standard 0f safety or c~re in an evidentia~sense with respect t~ thirdLparty claims Voatons otthS:directiVe will ony form the basis for departmental administrative sanctions. 0PS-18.1 INFORMANTS Date of Issue General Order Number January 23, 2001 01-02 Effective Date Section Code January 30, 2001 OPS-18 Reevaluation Date Amends / Cancels January 2002 NEW C.A.I. EA. Reference 42.2.9, 43.1.3, 17.4.2 INDEX A S: * ~ Informants Intelligence -- ~ Investigations I. PURPOSE :" ' :' The purpose of this order is to identify those procedures to be used in iden{ifying add evaluating potential informants. In addition it identifies those procedures that are to be used when utilizing informants. II. POLICY It is the policy of the Iowa City Police Department to effectively and efficiently utilize police informants, to properly document their identity and activities, maintain effective control of their funding and activities, utilize them in accordance with the law. III. DEFINITIONS Confidential Informant (CI) - An "independent agent" and anyone who provides investigative information to a police officer on an on-going basis with expectations for OPS-18.2 .receiving personal benefit. The informant may or may not want his/her identity immediately known to others in the law enforcement or general community. This person shall satisfy department personal information requirements such as biographic and performance information. (This does not include undercover officers or information received from members of outside agencies/organizations) Source - Any person who provides investigative information and may or may not expect some benefit from such action. Unwitting Source - A suspect or any other person involved in criminal activity who supplies information without knowledge that they are doing so. Control officer - A contact officer for the informant who is responsible for insuring proper control of Cl's completion of forms relating to a CI. IV. PROCEDURES A. CRITERIA TO ESTABLISH A CONFIDENTIAL INFORMANT (CI) 1. Use of an individual, as an informant shall be documented, which includes establishing the department's expectations of the informant. The supervisor of the control officer shall approve acceptance and use of an informant. 2. When advising an informant of departmental expectations, the informant L~. shall be advised: (,~ ~'~' ,a-. That their only purpose is to assist the department. f._,,c:~ \,,- ~. They are prohibited from engaging in any illegal activity while acting as ::: .: ~* C:i an informant. __, {,-~ -j,:; c. They have no power of arrest and are not permitted to conduct /~ "~ ' ~-- searches, or carry a weapon. " .,:: ,:l-d. They must not compromise the department's interests and activities; ,: ~ ~ ~_j and .... O e. They must accept the measure of direction necessary to effectively and safely utilize his/her services. 3, The control officer has the responsibility to initiate documentation. This shall be accomplished by the use of a CONFIDENTIAL INFORMANT AGREEMENT form. 4. A permanent sequential Confidential Informant Identification Number will be assigned by the Commander of Investigations. 5. The informant's name should. not appear outside the Confidential Informant File. The informant shall not be referred to in future reports except by the assigned informant number. 6. The control officer shall be responsible for completing an Informant Data form, which contains personal information about the informant. B. CENTRAL INFORMANT REGISTRY 1. All informant files will be secured in the office of the Commander of Investigations. 2.The Informant file will be maintained with the following information: a. Informant payment record; OPS-18.3 b. Current photograph; c. Fingerprints when possible; d. Signed Confidential Informant Agreement form. e. Informant Data form. f. Receipts for purchases of information and assistance. g. Copies of statements signed by the informant. h. Any administrative correspondence pertaining to the informant. i. Any deactivation report or declaration of unsatisfactory behavior. j. Criminal history. k. Associates. I. Personal idiosyncrasies. 3. No expense report will be approved for an informant who is not registered. 4. Each quarter the Commander of Investigations shall forward a report to the Commander of Field Operations, which includes: a. Total number of informants. b. Number of informants deactivated in the recent quarter and the reason. c. All funds expended on confidential informants. 5. ' ' ' ief of 6. Sworn personnel may review an individual's informant file u~on ap~rova~-~ of the Commander of Investigations. The requesting office~ shall s~il~mit-~---; wdtten request explaining the need for review. A copy of the reqd~St for ~ review shall be maintained in the Cl's file. :: .._.~:i C. CENTRAL INFORMANT REGISTRY SECURITY 1. The Commander of Investigations shall be responsible for the secu~ty of all files in the Central Informant Registry. These files shall be kept in a separate and secure storage facility segregated from other files. 2. When unattended, the storage facility shall be kept locked. 3. Access to files shall be limited to those employees having a legitimate need, as determined by the Commander of the Investigations or Commanding Officer Field Operations. 4. An informant file shall not leave the Investigations Commander's office without the commander's approval or the approval of the Commanding. Officer Field Operations. 5. A sign-out log shall be maintained indicating the date, time, informant number, time in and out, and the signature of the person reviewing the file. D. CONTACTING AND USE OF INFORMANTS 1. Investigators shall make reasonable efforts to independently corroborate information to ensure that the informant/source is not required to testify in court; however, the informant/source shall be informed that the necessity of in court testimony is a possibility. OPS-18.4 2. Investigators shall meet with informants/sources in places, which do not expose the informant/source to being recognized. 3. When contacting an informant/source of the opposite sex, a second officer should be present. 4. It shall be the responsibility of the control officer to control the informant/source. 5. Individuals currently subject to the custody of the Department of Corrections, (on Probation or Parole) should not be used as informants except under the following conditions: a. The investigating officer has centacted and received written consent from the person parole or probation officer to allow the CI to padicipate in the investigation. and b. The CI's criminal history and the written consent form shall be included in the Cl's file. 6. Informants will be arrested if found engaging in illegal activity. 7. Informants will not take, nor the department condone, any actions that would constitute entrapment. 8. All relationships with informants shall be on a professional basis. Personal relationships with informants are prohibited. :'-: _<'-~.E. FINANCIAL TRANSACTIONS WITH INFORMANTS AND SOURCES c"b ,-':-"-1. Limited funds are available to conduct financial transactions with -. : :: ' ~ -~ confidential informants and sources. : ~;; 2. All monies provided to confidential informants shall be documented. ,-; . ,- c,.!.:: 3. The money shall be obtained from the Commander of Criminal - - .* Investigations. "'_:'~ _:i:!4. These funds shall be maintained and accounted for by the Commander of ~:: :--~ the Investigations Section. 5. On an annual basis, the Commander of Administrative Services shall audit the funds. 6. When paying an informant/source in cash, a second officer should observe the transaction. 7. Payment for information or services provided by the informant/source shall be documented on a Receipt of Confidential Funds form. a. Once completed the form shall not be altered. b. The receipt of confidential funds form shall be forwarded to the Commander of the Investigations Section and included in the quarterly report. c. The Receipt of Confidential Funds form shall contain the following: 1 ) A description of the information/evidence received. 2) The amount of the payment. 3) The signature of the informant receiving the funds. 4) The signature of the officer making the payment. 5) The signature of the officer witnessing the payment. 8. Payment of informants and sources are made in connection with anticipated results and expected outcome from the information received. OPS-I 8.5 9. Informant funds may be used for information and introduction or recovery of evidence. lO.When supervisors are determining authodzation for payment, they shall consider the following: _ t.-~ a. How critical is the information to the case? b. Nature of the information. .-.-. c. Motivation of the informant. - -- d. Is the information verifiable? e. Cultivation of the informant. f. Reliability of the evidence and/or informant. ' :'" "' "" g. How timely is the information? h. Is information pertinent to case goals? i. Investigator's rationale. 11 .Supervisors should always be aware that overpayment or continued high payments may result in the informant having motivation to manufacturing information or obtain it illegally. 12. Payment Authorization Guidelines (per incident) a. Up to $500 - Lieutenant of Investigations b. Up to $1000 Commander Officer of Field Operations or Administrative Services. c. Above $1000 - Chief of Police or designee. 13.When using confidential funds which are provided pursuant to an agreement between the Iowa City Police Department and a State or Federal agency, the agreement's requirements for receipt of these funds shall be followed. When in conflict with departmental policy, a decision shall be made by the Commanding Officer Field Operations. F. JUVENILE INFORMANTS While the Iowa City Police Department prefers not to use juveniles as informants, it is recognized that there are circumstances, which they may be the best or only source of information. Therefore, juveniles may be used as informants pursuant to the following guidelines. 1. The juvenile and a parent or guardian must meet with the control officer. 2. The juvenile informant and a parent or guardian must read and sign the Confidential Informant Agreement form. 3. A parental consent form allowing the juvenile to assist in a criminal investigation shall be read and signed by the parent or guardian of the juvenile informant. 4. All forms, agreements and information related to a particular juvenile informant shall be kept in a secured file as outlined in IV. 3 and, maintained separately from adult informant files. 5. All other informant guidelines remain in effect. G. DEACTIVATING AN INFORMANT 1. In the event that the continued use of an informant would prove detrimental to the goals of the Iowa City Police Department or the safety of its officers, if the informant has proven to be unreliable, or the informant was activated on a particular case and it has been adjudicated, the OPS-18.6 informant will be deactivated. The deactivation will be communicated to the informant and the date and time documented on the confidential informant status report. --- 2. Deactivation may be accomplished by an officer completing a Confidential Informant Status Report noting the reasons why an informant should be deactivated. 3. Upon approval of the Commander of Investigations, the informant's assigned informant number and corresponding file will be marked "DEACTIVATED". An unreliable informant's file will be classified as deactivated. 4. A deactivated informant file will be maintained in the confidential record file, however the informant will not be utilized as an informant without approval by a supervisor and appropriate corroboration of all information. R~ief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of a higher legal standard of safety or care in an evidentiary sense with respect to third-party claims. Violations of this directire will only fo~'m the basis for departmental administrative sanctions.