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HomeMy WebLinkAbout01-21-2003 Communication City of Iowa City MEMORANDUM Date: January 13, 2003 To: Police Citizens Review Board From: City Manager Re: Review of Traffic Stop Policy - General Order #99-07 At their regularly scheduled Council meeting of Tuesday, January 7, the City Council directed that I send to the PCRB a review request of the traffic stop General Order #99-07. Attached is a memorandum from the chief providing me with background information and a current status of the general order. The depadment is involved in a review of its general orders prior to providing this information on our website. Given the community interest in the traffic stop policy, City Council would like you to also engage in a review of the order. If you need additional information please feel free to contact me. Captains Widmer and Johnson will attend meetings as necessary to review with the PCRB any information and other facts that you feel necessary. Our training officer, Sgt. Hurd, will also be available if you so request. Additionally, a model policy for the International Association of Chiefs of Police can be made available upon request. This document has much to do with the drafting of the general order with regards to traffic stops. Attachment mgr/rnern/traffic stop doc IOWA CITY POLICE DEPARTMENT 410 EAST WASHINGTON STREET, IOWA CITY, IA 52240 (319) 356-5275 ! FAX # (319) 356-5449 "An Accredited Police Department" Date: January 8, 2003 To: City Manager From: Chief of Police Ref: Traffic Stop General Order General Order 99-07 provides guidance for Iowa City Police Officers in making traffic stops. General order 99-07 was first issued in August of 1999. The order was further reviewed in 2001 as part of the preparation for the Accreditation process. All Department Orders, Standard Operating Guidelines and Policies were reviewed by the' assessors from the Commission on Accreditation of Law Enforcement Agencies. Iowa City was granted Accreditation in 2002. The Police Citizens Review Board previously evaluated this order in 1999. This General Order, as well as others, are being reviewed before the orders are posted on the police department's web site. The review will be completed during the month of February 2003. The "how to" portion of the order will be broken out and made into a Standard Operating Guideline. The Policy portion of the present order will remain as a General Order. The Traffic Stop General Order is based upon the Model Policy from the International Association of Chiefs of Police, the Concepts and Issues Paper of the IACP Policy Center, the Accreditation Standards, and review comments by the City Attorney's Office. The Concepts and Issues Paper of the IACP states "that vehicle stops, on a national basis over a 10-year period, account for 11 percent of all officers feloniously killed or assaulted in the line of duty." The paper also states that "the violator should normally remain in his vehicle". The Concepts and Issues Paper also states that a driver who exits their vehicle creates "a hazard to the officer through open contact with an unknown individual". The General order does restate or make reference to these issue statements. A question for the PCRB would be, "Do the issue statements referenced above belong in the "How to" portion of the Standard Operating Guidelines or in the body of the General Order or in both? Where is this safety issue best addressed?" The department would welcome an additional review by the Police Citizen Review Board. I also wish to make the Board aware of the public education efforts concerning officer interactions with citizens of the community. In the late '90's Captain Matt Johnson narrated a public education video, which was aired on Public Access, about what to do when you are stopped by a police officer. The department has also created a brochure regarding traffic stops, a copy of which is attached. As always, public education is an ongoing endeavor for the Iowa City Police Department. Whet can I do *o put the officers more at ease when I get atopped? If you aFe stopped in the daylight, stay in your vehicle, keep both hands on the steering whee~ aad wait for the officer to ask for your driver's license or give you ins~u¢- lions. If you aeed to reach into the glove compartment, uader the seal or elsewhere, ask pern~ission before doing so. If you are stopped at night, it is helpful to the officer if you have your dome light on when he approaches the vehicle. Agaia, keep your hands where the officer can see them. Before reachiag for something, explain what you are going to reach for and where it is. Do not be a "aame dropper" or threaten to have the officer's job if he gives you a ticket. If you would like to know the officer's name and badge number, they are oa the ticket and are also available through the department. If you have a weapon ia your vehicle, advise the officer as soon as he approaches you. Keep your hands in view of the officer at all times. Remember, if you treat the officer with the same respect as you expect from him, the experience will be more pleasant for all involved. Printed by the Iowa City Police Department with the approval of the original issuer, the Shawnee County, Topeka, Kansas Sheriff's Department. £xplaining Traffic Stops Why did the officer stand behind mi; driver's When ! get stopped bi; an officer, I don't ap. door so that I had to turn around to look et preclete how long it takes for him to give me at him? ticket. Whet ia he doing back there Jn his car? Car stops are one of the most dangerous things that a When an officer returns to his vehicle with your license, law enforcement officer does. Ninety five percent of all there are several things that happen. The officer contacts officers injured on duty are injured during car stops and the dispatcher and requests both a driving record check domestic disturbances. During 1986, an FBI report stated and a check of the National Crime Information Center that as many as 15,000 felons were on the street in the (NClC) computer. This is how the officer finds out if you United States (adding to the danger), are wanted for a crime, or just someone who committed a The purpose of the officer standing to the rear of the traffic infraction. Computers are sometimes slow in giving driver's door is for his own safety. It allows the officer a the officer the information he needs. view of the entire interior of a vehicle and allows him to react if the driver or another occupant has a weapon. Irn¥ did the officer shine his flashlight in eyes? The light was bright and blinded me. The other night I wes stopped b~ an officer and he left eft bb lights on bright when he ap- When people take drugs and/or alcohol, it affects the proached my car and asked me for my driver's pupils of their eyes. The officer was checking to see if you license. The bright Itghta bfinded me. Why did were on drugs or had been drinking. This gives the officer he do that? an indication as to whether he may have a problem with you. During the hours of darkness, the risk to an officer creases simply because he cannot see into the vehicle as When the officer first walked up tt) my car, he approaches it. It is sometimes necessary to "light up" why did he have hb hand on his gun? ! wan just the vehicle until the officer is satisfied that the occupant is speeding and it wasn't necesesrv for him to act not going to do harm to the officer or hide contraband, like be wes going to draw his gun. The fact that an officer approaches your car with his Why did the officer order me to stay in my hand on his weapon is not an offensive action on his part, c~r? I just got out to walk hack end talk to him but rather a defensive one. You probably also noticed to find out what I bad done wrong, that when the officer approached your car, he walked up When the officer asks you to stay in, or return to, your rather cautiously. He also stopped just behind the driver's vehicle it is for your safety as well as the officer's. The of- door and stood at an angle to your vehicle. Ali these ricer is concerned that if you are out of your vehicle walk- things are for the officer's protection until the officer is lng around, you may be struck by another vehicle and be satisfied that you, or an occupant of your vehicle, are not injured, He is also concerned that you may be ap- going to harm him. proaching him with a weapon and intend to harm him, The other night a friend was arrested for OW1 When the officer first walked up to my car, (Operating While Intoxicated). Why was he his a;;;;ude was blunt toward me. Later the of- handcuffed and taken to Jail? ricers a;;;a.de changed and he was friendly. l~hy? When a person is arrested, the officer first pats him down for weapons. When the officer is secure in the belief When the officer first approached your vehicle, he did that the person has no weapons, the person, who has not know that the only thing you had done was commit a been an'ested, is then placed in handcuffs. Sometimes traffic infraction. He was at that time concerned for his people, who are on drugs or alcohol, can become safety. After the officer was satisfied that you were not so- violent. It is necessary to restrict their movements for their means who was going to harm him, and in fact were an own safety as well as the officer's. honest citizen who had just committed a ~affic infraction, the officer was more at ease. That was the change in at- titude you noticed. OPS-11.t TRAFFIC Date of Issue General Order Number July 30, 1999 99-07 IEffective Date Section Code August 4, 1999 ..... OPS-ll Reevaluation Date Amends / Cancels A..ugust 2OOl NEW I C.A.L.E.A. Chapter 61 . . ~ INDEX AS: Arrests Traffic Stops Traffic Enforcement Citations Parking Enforcement Traffic Exemptions Alcohol Enforcement I. PURPOSE The ultimate goal of traffic enforcement is to reduce the number and severity of vehicle crashes. Motor vehicle crashes continue to be a health and safety issue facing our community; these crashes can result in significant injuries and death to persons of all ages, along with a significant amount of property damage. Creating a safe motoring community can be achieved through education to citizens, liaisons and partnerships with other agencies within the community to promote safe driving, and preventative patrol combined with aggressive enforcement by officers. I1. POLICY It is the policy of the Iowa City Police Department that motor vehicle stops will be performed professionally and courteously, and with a view towards educating the public about proper driving procedures while consistently recognizing and taking the necessary steps to minimize the dangers involved in this activity for the officer, the motorist and other users of the roadway. It is the purpose of the Iowa City Police Department to establish guidelines for stopping and approaching motorists in a manner that promotes the safety of the officer and motorist. OPS-11.2 II1. PROCEDURES The Iowa City Police Department does not use a "quota" system for the evaluation of an officer's traffic enforcement activities. The officer is expected to take those steps necessary to obtain compliance with traffic laws and will determine the appropriate action when dealing with violators. The emphasis will be on qualitative not quantitative enforcement activities. When deciding on the appropriate enforcement action officers should consider the seriousness of the violation and the circumstances surrounding the violation. In instances where the violation is a simple misdemeanor officers may opt to warn or cite the violator. In deciding to arrest a person for a "citeable" offense the officer should have an articulable reason for this action. This reason needs to be more than a "bad attitude". Warnings may either be verbal or written in nature. In instances where the offense is a serious misdemeanor or higher, officers should take the violator into physical custody. Arrests of all types should conform with departmental requirements pertaining to arrests. When a traffic citation is issued, the officer shall request the incident number for the stop and write the incident number on the citation. When an incident is such that a case number is required, the officer(s) involved shall include the case number on all related charges and related documentation. TRAFFIC STOPS Although stopping a motorist on the highway for traffic violations or other purposes is often considered a routine function of patrol officer, it is one that has been demonstrated to be potentially dangerous for both the officer and motorist even during apparently "routine" situations. Therefore, it is the policy of the Iowa City Police Department that motor vehicle stops shall be performed professionally and courteously, and with a view towards educating the public about proper driving procedures while consistently recognizing and taking the necessary steps to minimize the dangers involved in this activity for the officer, the motorist and others users of the roadway. It is the policy of the Iowa City Police Department to establish guidelines for stopping and approaching motorists in a manner that promotes the safety of the officer and the motorist. A. STOPPING AND APPROACHING TRAFFIC VIOLATOR The following procedures should be followed whenever possible. It is recognized that varying conditions such as roadway construction, volume of traffic and the urgency of making the stops may require officers to adjust these procedures to particular conditions. 1. Officers shall perform vehicle stops only when they have an articulable reason to do so. 2. Once an initial decision has been made to stop a motorist, the officer should select an area that provides reasonable safety, avoiding curves, hills heavily trafficked, poorly lit areas and roads without shoulders. OPS-11.3 3. Whenever possible, the officer shall also avoid the use of private drives, business locations and areas where a large volume of spectators is likely to gather. 4. When a location has been selected for the stop, the officer shall notify communications of its nature, providing the location of the stop and the license plate number of the vehicle. The officer may include the number of occupants. In instances where a plate is not visible, the officer(s) should give a description of the vehicle being stopped. At the officer's discretion or dispatcher's request, additional information may be exchanged. 5. At the desired location, the officer should signal the operator to stop at the far right side of the roadway or at the safest shoulder by activating the emergency lights and/or siren as necessary. a) On multilane roads, the officer may facilitate movement to the right shoulder by gradually changing lanes behind the violator until the right side of the roadway is reached. b) Should the violator stop abruptly in the wrong lane or location, the officer should instruct him/her to move by using the appropriate hand signals or by activating the vehicle's public address system. 6. Once properly stopped, the officer should position the police vehicle about one-half to one and one-half car length behind the violator's vehicle and at a slight angle, with the front approximately 2 feet to the traffic side of the violator's vehicle. a) At night, the spotlight should not be used to direct the violator off the roadway, but may be used to illuminate the vehicle's interior once stopped. The patrol vehicle should use its Iow beams if high beams may blind oncoming motorists. 7. When exiting the patrol vehicle, the officer should be particularly alert to suspicious movements or actions of the vehicle operator or passengers. 8. Approaching from the driver's side, the officer should be observant of the trunk and passenger compartments, and stop at a point to the rear of the trailing edge of the left front door in order to communicate with the driver. a) Where circumstances dictate, particularly where traffic is close enough to create a potential problem, the officer may choose to approach the violator's vehicle from the right-hand side and stop at the trailing edge of the right front door. b) When the violator's vehicle has occupants in the rear seat, the officer should approach to a point near the leading edge of the front door, being particularly observant of occupant movements and choosing a path that will not allow the occupants to thrust the door open against the officer. c) In two-officer police vehicles, the passenger officer should be responsible for radio communications, note taking and relaying messages to the communications center. He/She will also act as an observer and cover for his/her fellow officer. (note: this does not apply OPS-11.4 to training cars with an FTC which are to be considered one officer cars) 9. Non-uniformed officers operating an unmarked patrol vehicle with concealed emergency lights and siren may make vehicle stops if the stop is consistent with the officer's assignment, i.e. Officers assigned to address special concerns in an area in which the use of an unmarked vehicle is determined to be useful. Prior to the initiation of a traffic stop, when circumstances allow, officers in unmarked vehicles should check for the availability of a marked unit in the vicinity. If available, the marked unit should initiate the stop. 10. Non-uniformed officers operating vehicles not equipped with emergency lights or siren shall not make motor vehicle stops unless there is an imminent danger of loss of life should they fail to act. In other less urgent cases that demand attention, officers shall contact the communications center, request that a marked patrol vehicle perform the stop, and assist in directing the marked unit to the subject vehicle's location. B. ISSUING CITATIONS Enforcement action incidental to traffic law violations will be carried out by warnings (written or verbal), written citation(s), or physical arrest. A large number of citations or arrests is not the purpose or emphasis for conducting traffic stops. No system emphasizing quantitative enforcement, i.e. ticket quotas, shall be utilized. Physical arrests should be utilized for serious offenses such as OWl, eluding, assault with a motor vehicle, or other offenses which constitute a serious misdemeanor or above. In incidents where an officer elects to take a person into physical custody in lieu of issuing a citation, the decision to arrest should be based on sound legal principals, as opposed to peripheral issues such as the violator's attitude. When a person commits a "minor" violation the officer has the discretion to decide if the operator should given a warning or citation. In cases of non-hazardous or inadvertent moving violations or equipment violations, officers may elect to issue a verbal or written warning to the violator. During the traffic stop officers should greet the violator in a courteous manner, explain the reason for the stop and request the drivers license and other documentation as determined by the officer. The officer should request the operator remove the drivers license from their wallet or purse. When taking the license, it should be taken in the officers weak hand. 1. When issuing citations, conducting roadside sobriety tests or conversing with the violator, the officer and other parties should be positioned to the side of the road, clear of passing motor vehicles. 2. During the stop, the violator should remain in his/her motor vehicle while the officer writes the citation or conducts other business. Under normal circumstances, violators should not be permitted to sit in patrol vehicle while citations are being prepared or other police business is being conducted. OPS-11.5 3. When preparing citations, the officer should position paperwork and related materials in a manner that allows him/her to maintain vantage over actions of the violator and other occupants. 4. Upon deciding to issue a citation, the officer should advise the violator of the following: a. That a citation(s) will be issued, the violation(s) for which it is being issued, and the fine amount imposed if scheduled. b. Explain the methods of responding to the citation, i.e., mandatory court appearance or pay the scheduled fine or appear in court to contest the charge. c. Explain the unsecured bond amount and purpose. d. Make sure the violator is aware of the scheduled court date. e. Request the violator sign the citation, explaining that signing of the citation is not an admission of guilt. f. If the violator signs the citation, provide copies of the citation to the violator and suggest they read both sides of the citation. If the violator refuses to sign the citation, the violator shall be advised that failure to sign will result in a physical arrest being made. Upon continued refusal to sign, the violator may be physically arrested. An officer may issue a citation when he/she believes a violation was hazardous, intentional, or believes a citation is necessary to achieve voluntary compliance with the law. C. STOPPING AN APPROACHING MOTORIST In cases where a motorist in oncoming traffic must be stopped, the following actions may be taken: 1. Drive the police vehicle to the extreme right portion of the roadway and as the violator approaches signal him/her to stop by using hand signals and/or emergency lights. 2. Because of the potential hazard involved, an officer should not leave his/her vehicle when attempting to stop traffic violators in oncoming lanes. 3. If the subject motorist complies with the instructions, the police vehicle may then be turned around and appropriately positioned to the rear of the violator's vehicle. 4. Should the motorist fail to comply with the officer's instructions, the officer should turn the police vehicle around and pursue, stop and approach the violator in the prescribed manner. D. STOPPING A FOLLOWING VIOLATOR When stopping a motorist to the rear of the police vehicle, the following procedures may be followed: 1. The officer should drive to the right shoulder of the road and, as the violator approaches, signal him/her to stop by using hand signals and/or emergency lights. OPS-11.6 2. The officer should not exit his/her vehicle in order to signal the subject motorist. 3. Should the motorist fail to comply, the officer should return to the roadway, pursue, stop and approach him/her in the prescribed manner. E. HIGH-RISK VEHICLE STOPS The following procedures may be employed when an officer initiating a vehicle stop has reason to believe that an occupant may be armed or dangerous: 1. When planning to perform a high-risk stop on a suspect vehicle, the officer shall notify the communications center, giving location, vehicle information, nature or reason for the stop, and number of occupants in the vehicle and request appropriate assistance. 2. An officer should not individually initiate a high-risk vehicle stop unless back-up units will not be available in an appropriate amount of time or the urgency of the situation demands immediate action. In these cases the initiating officer should not attempt removal of the suspects without assistance. 3. After selecting an appropriate location and with adequate support units in position, the officer should signal the suspect vehicle to stop. 4. The initiating officer should position their vehicle to the left of the suspect vehicle and at least 20 feet to the rear of the suspect vehicle. Positioning should be such that it will maximize opportunities for cover and in such a manner as to allow for illumination of the interior of the vehicle and its occupants. 5. The officer initiating the stop, or the officer with the best observation point, should issue verbal commands to the vehicle occupants through the squad cars PA system, if available. 6. Once the suspect vehicle has stopped, officers should exit their vehicles quickly and assume positions of cover. 7. The officer in charge shall first identify himself/herself and then notify the occupants that they are considered to be armed and/or dangerous and that all instructions are to be followed without hesitation or suspicious movements. 8. When ordering the occupants of the vehicle from the vehicle, the officer giving the orders should give a separate command for each movement or action required. While the nature and order of the commands may vary, depending on circumstances, the purpose of the commands will be geared to safely taking control of the occupants of the suspect vehicle. Suspects will be ordered from the vehicle one at a time, with instructions directing them towards backup officers, who will secure and confine them. After a subject is secured and confined, another occupant may be directed from the vehicle. 9. With appropriate cover, two officers should then approach the suspect vehicle to inspect the passenger compartment and trunk, where OPS-11.7 appropriate. During the approach to the vehicle, officers should have their weapon drawn and focused towards the suspect vehicle. F. STOPPING OVERSIZE AND OVERWEIGHT VEHICLES In the event that an officer needs to stop commercial and similar oversize or overweight vehicles, the following procedures should be followed: 1. Select a location for the stop that provides enough room for the vehicle and sufficient stability to support the vehicle's weight, and allow the operator sufficient time and distance to make the stop. 2. Approach the cab from the rear, using the driver's outside mirror to observe the driver and activity in the cab. 3. Avoid climbing onto the vehicle to make contact with the operator. Maintain a position to the rear of the driver's door and ask the operator to exit the vehicle, if and when necessary. While engaged in traffic enforcement, officers may encounter persons who are at times granted exemptions to laws. When encountering these situations officers may follow the guidelines in Appendix I, or if still unsure of the appropriate action, should contact a watch supervisor for further guidance. Enforcement of Traffic Laws All officers are responsible for maintaining an up-to-date knowledge of Iowa traffic laws and local ordinances. Consistency is an essential part of any traffic enforcement program. The guidelines in Appendix II are to assist officers in deciding what type(s) of action to take when encountering these situations. These guidelines will assist officers in taking fair, appropriate, and consistent enforcement action. Enforcement Techniques The Iowa City Police Department utilizes varied and diversified techniques in traffic law enforcement. Many variables must be considered when evaluating tactics to be used on a specific problem. It will be the responsibility of the officer, in consultation with the watch supervisor, to determine the tactics to be used. The tactics or techniques that may be used include but are not limited to: 1. Visible traffic observation. Stationary observation in which the observer officer is in full view but so located as to require effort on the part of traffic to discover the observer. 2. Concealed traffic observation. Stationary observation in which the observer is not visible to persons using ordinary powers of observation from the roadway. 3. Conspicuous traffic observation. Stationary observation in which the observer is positioned in such a way as to "attract" attention by keeping in full view of traffic. 0PS-11.8 4. Area traffic control. Moving or stationary patrol observation in an area which includes a particular number of streets, roads or sections of highways. 5. Line traffic patrol. Moving or stationary observation on a specified route between two points, usually on one street or section of highway. Directed enforcement will be determined on a "as needed" or "as available" basis. Directed patrol may be used for a specific violation identified in a particular area or at a specific time, or in response to an anticipated traffic pattern for a particular event. Directed patrol also includes the tactic of "Saturation" patrol in a specific area for either a specific violation(s) or for all violations. The watch supervisor has authority to determine the type and number of vehicles to be used for a specific type of traffic patrol. The use of an unmarked vehicle for traffic patrol will be used only upon authorization of the watch supervisor. The Iowa City Police Department will only use equipment which meets or exceeds requirements of the FCC and/or the NHTSA. Officers may use only those speed measuring devices approved by the department and in which the individual officer has been trained, and where applicable, certified. Said training will include instruction on the set up, testing, operational use and reading of the device. Officers shall set up and use speed-measuring devices in a manner which is consistent with their training and the manufacturer's specifications. All training will meet or exceed the requirements of the NHTSA. Prior to the use of a speed-measuring device the officer shall check the equipment according to the manufacturers specifications. If any discrepancy exists the officer shall not use the equipment. The officer shall make note of the problem and forward an equipment repair sheet to the watch supervisor. It is the responsibility of all officers to see that attached speed measuring devices are properly cared for. The Captain of Field Operations or his/her designee will see that all equipment is maintained according to manufacturers specifications and will maintain the records for the duration of the lifetime of the speed measuring device with the department plus two years. The sergeant in charge of vehicle inspections or his/her designee will periodically check to see that all speed measuring units or video-recording units are operational and have been properly maintained. The inspection sheet will be forwarded to the Captain of Field Operations. ALCOHOL ENFORCEMENT The Iowa City Police Department will create special enforcement programs aimed at the enforcement of Operating While Intoxicated laws. These programs may be in conjunction with other law enforcement agencies within the area. In an effort to minimize the damage done by drivers who are intoxicated or drugged, the Iowa City Police Department places a high priority on the training of officers in the detection and apprehension of intoxicated or drugged drivers. The department will actively pursue state and federal grants OPS-11.9 pertaining to alcohol enforcement. The Department may also use directed patrol in areas or engage in roadblocks for the identification of intoxicated or drugged drivers. When available, an officer is to be assigned to the traffic function for each watch. This assignment is to concentrate on, but not limited to; speed violations, child restraint violations, seat belts and OWl enforcement. All officers, whether on general patrol or directed enforcement duties, should be alert for driving behavior which may indicate that a driver is operating a motor vehicle while intoxicated or on drugs. When such an observation is noted the officer should: 1. note unsafe or erratic driving but should not let it continue so as to endanger the public or the operator of the vehicle. Officers should attempt to stop the vehicle in an area that will not interfere with or endanger traffic; 2. prior to the initiation of field sobriety tests, note the demeanor, actions and signs of intoxication. These indicators should be noted in the OWl packet; 3. attempt to administer field sobriety tests on all drivers suspected of driving while impaired. The information gathered during the administration of these tests should be recorded in the OWl packet. Field sobriety tests should include but are not limited to: HGN, Walk and Turn and One leg stand. The administration of a Preliminary Breath Test should be done at the completion of the field sobriety tests; 4. if the operator refuses to submit to field sobriety tests, or is impaired to the point it is unsafe to administer the tests, or is otherwise unable to perform the tests, base the decision of whether to take the person into custody on other observations of the operator's condition. This may include the statement of witnesses if applicable. If the person refuses to submit to preliminary breath test they may be transported to the police department for further testing. If based on the officer's observation of the operator and the circumstances surrounding the incident the officer believes the person is intoxicated, the person may be arrested for suspicion of Operating While Intoxicated; 5. if the person is arrested for suspicion of OWl, a search of the person and vehicle maybe made subsequent to arrest. The vehicle may be either parked, towed, or turned over to a sober driver; at the officer's discretion and depending on the circumstances. 6. The administration of Implied Consent, and the breath or other chemical test, shall be pursuant to state code, guidelines from the Department of Transportation, and Department of Criminal Investigation. In instances where the operator of the vehicle is involved in a crash resulting in death or serious injury and the operator refuses to provide a specimen for chemioal testing, contact the on-call County Attorney for assistance. In instances where the operator is unable to consent or refuse, use the request for chemical test forms pertaining to intoxicated drivers; OPS-11.10 7. In instances where the officer believes the operator is impaired but chemical testing indicates a BAC of less than .10, the officer may contact a departmental Drug Recognition Expert for testing. If a DRE is not available, officers should consult with a watch supervisor to determine whether to call a DRE; 8. In instances where the operator of a vehicle is under 21 years of age and there are indications that their BAC is in excess of .02, transport the person to the police department for administration of chemical testing. If the result is in excess of .02 but less than .10 follow Department of Transportation guidelines pertaining to .02 revocations. PARKING ENFORCEMENT Officers or Community Service Officers will respond to parking calls as available. All officers are responsible for enforcement of parking violations when brought to their attention or observed. Officers will be responsible for the enforcement of parking regulations on city streets and alleys. The parking department has enforcement responsibilities for overtime parking. When called to a private property parking call, the officer or community service officer will make a determination if the complainant has the authority to request a vehicle be ticketed or impounded. When a vehicle is to be impounded, the officer shall follow departmental directives pertaining to vehicle impounds. Winkelhake, Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of a higher legal standard of safety or care in an evidentiary sense with respect to third-party claims. Violations of this directive will only form the basis for departmental administrative sanctions. OPS-11.11 APPENDIX I While engaged in traffic enfomement, officers may encounter persons who are at times granted exemptions to laws. When encountering these situations officers may follow these guidelines or if still unsure of the appropriate action, should contact a watch supervisor for further guidance. Legislators are granted limited immunity from prosecution under Chapter 3 of the Iowa Constitution which states "Privileged from arrest. SEC. 11. Senators and representatives, in all cases, except treason, felony, or breach of the peace, shall be privileged from arrest during the session of the general assembly, and in going to and returning from the same." Members of the National Guard are regulated under chapter 29A.41 of the code of Iowa. The code states," A member of the national guard shall not be arrested, or served with a summons, order, warrant or other civil process after having been ordered to any duty, or while going to, attending, or returning from, any place to which the officer or enlisted person is required to go for military duty. This section does not prevent the officer's or enlisted person's arrest by order of a military officer or for a felony or breach of the peace committed while not in the actual performance of the officer's or enlisted person's duty." Other members of the military, including members of the Army, Air Force, Navy, Marine Corps, Coast Guard, and reservists who are on active duties are likewise granted limited protection. When an occasion arises that requires the issuance of a traffic citation, a physical arrest or investigation of a motor vehicle crash involving a member of the armed services, the officer will notify a watch supervisor of the circumstance surrounding the incident. The watch supervisor will contact the office of the commanding officer of the military member involved and advise them of the incident. Foreign diplomats and consular officials may be granted immunity. In these cases the officer should advise the person of the nature of the stop and make a determination as to if the person is able to safely continue on their way. In instances where the ability of the operator of the vehicle is in doubt the officer should take steps to insure the person safely gets to their destination. These steps may include but are not limited to; locating another driver, contacting a cab, or contacting the consulate of the person involved or the United States Department of State for further assistance. Foreign nationals are subject to the laws of the State of Iowa, however there may be consular notification requirements. If a foreign national is stopped for a traffic violation, or is involved in a motor vehicle crash which requires no special investigation, there are no notification requirements. If a foreign national is physically arrested or detained for a substantial period of time there may be notification requirements. In these circumstances, refer to the Consular Notification and Access booklet in the watch commander's office for guidance. 0PS-11.12 APPENDIX I (continued) Juveniles may be issued citations for traffic violations without notification of their parents. In instances where a juvenile is being taken into custody the applicable juvenile procedures should be followed. If a juvenile is arrested for OWl, the officer shall attempt to contact the parent(s) or other responsible adult prior to initiating Implied Consent. Non Iowa residents will be treated the same as Iowa residents with regard to the issuance of traffic citations. In instances where an officer has an articulable reason for believing that a person is unlikely to appear for the scheduled court appearance, the officer may require that a cash bond be posted or the person may be taken before the nearest magistrate for arraignment. The Iowa City Police Department encourages the practice of cite and release whenever possible. OPS-11.13 APPENDIX II Enforcement of Traffic Laws All officers are responsible for maintaining an up-to-date knowledge of Iowa traffic laws and local ordinances. Consistency is an essential part of any traffic enforcement program. The following guidelines are to assist officers in deciding what type(s) of action to take when encountering these situations. These guidelines will assist officers in taking fair, appropriate, and consistent enforcement action. 1. Operating While Intoxicated: Recognizing that intoxicated individuals who choose to operate a motor vehicle pose a significant threat to the safety of themselves and others in Iowa City, the Iowa City Police Department will strictly enforce violations when a person operates a vehicle while intoxicated or drugged. Officers are also encouraged to strictly enforce Iowa's .02 Zero tolerance law pertaining to underage drinking and driving. 2. Operating while suspended, revoked, or barred. Operating a motor vehicle while a license is suspended, revoked or barred shows a disregard for the law and members of this department will enforce all such violations. Upon confirmation from DOT of the suspension, revocation or barment, officers are to file the applicable charge. Officers should check for the registered owner of the vehicle being operated by the subject, and if the operator is listed as a registered owner, the officer should check to see if the operator is eligible to have vehicles registered in his/her name. If the operator is not so entitled, pursuant to Iowa law the officer shall take custody of the license plates and, if available, the registration and, drivers license and send them to the Department of Transportation. Officers should also check for any unserved suspensions on the operator and, if present, serve such suspension on the operator. 3. Speed enforcement. A driver who operates a vehicle in disregard for the posted speed limit is one who can and does cause a large number of motor vehicle crashes. Officers of the Iowa City Police Department are to take enforcement action when speed violations are observed. Since the stopping distance of a vehicle is directly related to its speed, particular efforts should be made in and around areas which have significant numbers of children. 4. Hazardous violations. There are many violations of the traffic code that may be considered hazardous. These violations are those that could, under the right circumstances, result in a vehicle crash. Some types of violations considered hazardous are disregard of a traffic control device, failure to yield, reckless driving, and improper lane change/usage. Since the before mentioned violations are involved in large number of the motor vehicle crashes in Iowa City, officers are expected to take aggressive action when these violations occur. 0PS-11.14 APPENDIX II (continued) 5. Off-Road vehicle violations. Members of this department will take appropriate action when they observe illegal on-road use of an off road vehicle. This includes, but is not limited to, enforcement of equipment, registration and licensing requirements. In instances where a vehicle is being operated off the roadway, officers need to determine if the operation is on property where the operator is entitled to be. If the vehicle is operated on private property without the permission of the controlling party, the officer may pursue appropriate criminal charges. In instances where the vehicle is being operated on public property, the officer will make a determination as to if the particular area allows the operation of motorized vehicles. 6. Vehicles operated on private property. When a vehicle is being operated on private property with the permission of the controlling party, the officer may enforce the OWl, reckless driving and accident reporting sections of the Iowa code. 7. Equipment violations. In order for a vehicle to be safely operated on a roadway it must be equipped pursuant to state code. In many cases, the operator of a vehicle may not be aware that a piece of equipment is not operating, i.e., taillight, brake light. A warning by an officer may be all that is required to insure the defect is corrected. In those situations where a motorist is aware of a problem and has failed to correct it in a reasonable amount of time, or the violation is such that it could result in a crash, other action may be required: i.e. citation, or parking of the vehicle. 8. Commercial vehicle violations. All public and commercial vehicle regulations will be enforced; however, the officer's discretion, training and knowledge will determine the action to be taken for violations of public and/or commercial vehicle regulations. The officer may call a department member trained in commercial motor vehicles or contact the Iowa Department of Transportation for assistance. In all instances where a commercial carrier is involved in a motor vehicle crash involving serious personal injury or death, the officer should contact a trained commercial vehicle inspector for assistance in the investigation. 9. Less-Hazardous violations. The officer should take notice of less serious violations and may make contact with the violator. The circumstances surrounding the violation should be taken into consideration when determining the enforcement action to be taken. 10. Multiple violations. While the "stacking" of violations is not encouraged, the circumstances and seriousness of the violations should guide the officer in deciding the appropriate enforcement action. 0PS-11.15 APPENDIX II (continued) 11.Newly enacted laws and/or regulations. When newly enacted laws or regulations are passed and become applicable to the motoring public, the enforcement guidelines prescribed in the text of the new law will be followed. The enforcement date of new laws/regulations will be determined by the Chief of Police or his/her designee in consultation with the city or county attorney. 12. Enforcement guidelines for motor vehicle crashes. Officers will take enforcement action when their motor vehicle crash investigation or reporting activities provide probable cause to believe that a law or ordinance has been violated. If a citation is not issued, the officer may be required to justify his/her action. 13. Pedestrian and bicycle violations. Officers should use discretion and take appropriate enforcement action for violations committed by pedestrians and bicycles on public property. Consideration should be given to the age of the violator and the seriousness, location, and time of day of the violation. 14.When a officer encounters an operator whom he/she feels should be referred to the Department of Transportation for re-examination, the officer shall complete an incident report pertaining to the incident. The report shall contain the circumstances surrounding the incident, including time of day, weather and street conditions, and the operator's information. The report shall also include the reason(s) why the officer believes the person should be re-examined. The report along with the DOT driver's referral form should be submitted to the watch supervisor for review prior to submission to DOT. (note: age alone is not a reason for re-examination) Prepared by: Eleanor M. Dilkes, City Attomey; 410 E. Washington St.; Iowa City, IA 52240; (319) 356-5030 ORDINANCE NO. 0].-3976 ORDINANCE AMENDING TITLE 8, CHAPTER 8 OF THE CITY CODE ENTITLED "POLICE CITIZENS REVIEW BOARD" TO DISTINGUISH, IN ACCORDANCE WITH ACTUAL PRACTICE, BETWEEN COMPLAINTS MADE TO THE BOARD AND COMPLAINTS MADE TO THE IOWA CITY POLICE DEPARTMENT, TO ALLOW THE BOARD TO COMMENT ON OFFICER ACTION AND POLICE PRACTICES, PROCEDURES AND WRITTEN POLICIES REGARDING AN INCIDENT NOTWITHSTANDING ITS AFFIRMANCE OF THE POLICE CHIEF OR CITY MANAGER'S REPORT IN ACCORDANCE WITH THE REASONABLE BASIS STANDARD OF REVIEW, AND ALLOWING THE BOARD TO REQUEST THAT THE CITY COUNCIL HOLD GENERAL INFORMATIONAL HEARINGS REGARDING POLICE ACTIVITIES. WHEREAS, in accordance with actual practice, Chapter 8 of the City Code entitled "Police Citizen Review Board" should distinguish between cemplaints made to the Board and those made to the Iowa City Police Department; and WHEREAS, the Board should be allowed to comment on officer action and police practices, procedures and written policies regarding an incident notwithstanding its affirmance of the Police Chief or City Manager's report in accordance with the reasonable basis standard of review;, and; WHEREAS, rather than the Board holding general informational hearings regarding police activities, the Board should be allowed to request that the City Council hold such hearings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOW~c SECTION I. AMENDMENT. The City Cede shall be amended by deleting Section 8-8-2 and substituting the following in lieu thereof: 8-8-2: INTENT, GOALS AND GUIDING PRINCIPLES: Ordinance No. 01-3976 Page 2 A. Investigations into claims of inapprepdate conduct by swom police officers will be conducted in a manner which is fair, thorough, and accurate. B. An annual reporting system regarding complaints against sworn police officers will be established to give the City Council sufficient information to assess the overall performance of the Iowa City Police Department in these matters. C. Citizens may make a formal wdtten complaint to either the Board or the Iowa City Police Department. In accordance with this Chapter the Board shall process only those complaints filed with the Board but will receive reports from the Police Chief bdefiy descdbieg the nature of the allegations made in formal written complaints filed with the police department and the disposition of the same. D. The Board will: 1. Oversee a monitoring system for tracking receipt of formal complaints lodged against sworn police officers with either the Board or the Iowa City Police Department; 2. Provide oversight of police investigations through review of such investigations; (Ord. 97-3792, 7-15-1997) 3. Provide the opportunity for a hearing to the police officer if the Board's findings on the complaint to the Board are cdtical of the police officer, as required by constitutional law, and give the police officer the opportunity to present testimony and evidence; (Ord. 98-3885, 12-15- 1998) 4. Issue a final public report to the City Council on each complaint to the Board which sets forth factual findings and a written conclusion which explains why and the extent to which the complaint is either "sustained" or "not sustained". E. The Board shall have ne authority over police disciplinary matters because only the Police Chief or City Manager may impose discipline under Iowa law. F. No findings in the Board's report shall be used in any other legal proceeding. G. The Board shall only review the conduct of sworn police officers and shall only act in a civil, not criminal, capacity. The Board is not intended to be a court of law, a tort claim process or other litigation process. No action of Ordinance No. 01-3976 Page 3 the Board shall be deemed to diminish or limit the right of any person to file a claim or a lawsuit against the City. H. A complaint to the Board may be filed by any person with personal knowledge of an incident. "Personal knowledge" means the complainant was directly involved in the incident or witnessed the incident. If the person with personal knowledge is underage or othen~ise unable to complete a complaint form, the complaint may be filed by such person's designated representative. The City Manager, the Police Chief, the City Council, or the Board may file a complaint to the Board based upon a reasonable belief that police misconduct has occurred regardless of personal knowledge. I. In order to assure that people feel confident in the complaint process, nonpolice City staff shall be available at a public Iocafion other than the Police Department to receive complaints, although complaints may also be filed at the Police Department. Formal mediation shall be available to the complainant(s) and the police officer(s) at any time during the process. J. The Board shall not interfere with or diminish the legal rights of sworn police officers, including those rights protected under the union contract, Civil Service Commission, and State and Federal law. Similarly, the Board shall respect the rights of privacy and freedom from defamation shared by complainants and witnesses, as well as those same rights enjoyed by police officers under the law. K. The City Council finds that internal accountability within the Police Department is a valid legislative purpose, and one method of accomplishing such internal accountability is to have the police do their own investigations into claims of inappropriate police conduct. If a complaint is asserted against the Police Chief, the City Manager will investigate the claim and report to the Board and the City Council. L. Investigation of all formal complaints to the Board is a mandatory duty of the Police Chief, and a report of each complaint investigation shall be given to the Board. Such repert~ to the Board shall include the factual findings of the Police Chief as well as a written conclusion explaining why and the extent to which a complaint is either "sustained" or "not sustained". However, such reports shall not include discipline or other personnel matters. If the Police Chief and the City Manager find the police officer's actions constitute misconduct and discipline is imposed by the Police Chief or City Manager, the internal affairs investigation may Ordinance No. 01-3976 Page 4 become a public record to be released by the City Attorney to the extent provided by law. M In order to assure external accountability of the actions of the Police Department, the Police Chief shall provide the Board with a report at least quarterly of all formal complaints filed directly with the police department, which report shall state the date and location of the incident and a bdef description of the nature of the allegation and the disposition of the complaint. N. External accountability will further be provided by the Board's maintenance of a central registry of all formal complaints. In addition to the central registry, the Board shall provide an annual report to the City Council, which report shall be public and shall set forth the general types and numbem of complaints, how they were resolved, demographic information, and recommendations as to how the Police Department may improve its community relations or be more responsive to community needs. O. The Board shall review police practices, procedures, and wdtten policies as those practices and procedures relate to the Police Department's performance as a whole, and shall report their recommendations, if any, to the City Council, City Manager and Police Chief (Ord. 97-3792, 7-15-1997). SECTION I1. AMENDMENT. The City Code shall be amended by deleting Section 8-8-3 and substituting the following in lieu thereof: 8-8-3: DEFINITION OF COMPLAINT; COMPLAINT PROCESS IN GENERAL: A. A "complaint to the Board" or "PCRB Complaint" is an allegation of misconduct lodged against a sworn police officer ("police officer" or "officer") employed by the Iowa City Police Department, where the complained-of activity occurred while the officer was acting in the capacity of a sworn police officer. B. Any person with personal knowledge of the alleged police misconduct may file a PCRB complaint with the Board. In order to have "personal knowledge", the complainant must have been directly involved in the incident or witnessed the incident. If the person with personal knowledge is underage or otherwise unable to complete a PCRB complaint form, the PCRB complaint may be filed by such person's designated representative. The City Manager, the Police Chief, the City Council or the Board itself may tile a PCRB complaint based on a reasonable belief that police misconduct has occurred regardless of personal knowledge. The Ordinance No. 01-3976 Page 5 person or official filing the PCRB complaint may hereafter be referred to as the "complainant". C. All complaints to the Board shall be in writing and on forms provided by the Board. Complaint forms shall be available to the public in easily accessible locations, and nonpolice staff shall be available to receive the complaint forms. Assistance may be available to complete the form as designated by the Board. (Ord. 97-3792, 7-15-1997) D. All complaints to the Board must be filed with the City Clerk within ninety (90) days of the alleged misconduct. E. Only those complaints to the Board which do not involve the conduct of an Iowa City sworn police officer or are not filed within ninety (90) days of the alleged misconduct may be subject to summary dismissal by the Board. (Ord. 99-3877, 4-20-1999). SECTION Ill. AMENDMENT. The City Code shall be amended by deleting Section 8-8-4 and substituting the following in lieu thereof: 8-8-4: FORMAL MEDIATION: A. Formal mediation shall be the responsibility of the Board, and shall be available to the complainant(s) and police officer(s) at any stage of the process upon consent of all involved parties and as provided by the Board. Upon the filing of a PCRB complaint, all complainants shall be informed that formal mediation is available. A complainant may also meet informally with the police officer and the watch commander of the police officer if the complainant wishes to do so. B. If a PCRB complaint is successfully mediated, the terms of the mediation agreement shall be set forth in writing, and shall be kept confidential to the extent allowed by law; but the status of settlement shall be maintained in the Board's central registry for reporting in the Board's annual report. There shall be no retaliation against police officers who choose not to mediate. (Ord. 97-3792, 7-15-1997). SECTION IV. AMENDMENT. The City Code shall be amended by deleting Section 8-8-5 and substituting the following in lieu thereof: 8-8-5: POLICE DEPARTMENT AND POLICE CHIEF INVESTIGATORY DUTIES; CITY MANAGER INVESTIGATORY DUTIES: A. Complaints: The Police Department shall forward copies of all PCRB complaints received to the Board. If the complaint concerns the Police Chief, a copy of the complaint shall also be forwarded to the City Manager. B. Investigation: It shall be the mandatory duty of the Police Chief to do the following: Ordinance No. 01-3976 Page 6 1. Pdor to investigation of any PCRB complaint, the Police Chief shall first give Garrity and Gardner advice to all police officers implicated in the complaint, as required by constitutional law. This means the officer cannot be required to waive the officers constitutional right against self-incrimination. However, the officer may be required to answer questions dudng the investigation as a condition of the officer's employment, but any admissions made by the officer cannot be used against the officer in a criminal proceeding. 2. Notify the complainant and the police officer who is the subject of the complaint that formal mediation is available at any time dudng the Police Department's investigation and the Board's review. The Police Chief may also notify the complainant that the complainant may meet informally with the police officer and the watch commander of the police officer if the complainant wishes to do so. 3. Assign the PCRB complaint to designated investigators within the Police Department for investigation into the factual allegations of the complaint. 4. The complainant shall be interviewed by the Police Department and shall be entitled to have a neutral City staff person or some other person chosen by the complainant present dudng the interview. The police officer is entitled to have a union steward present dudng any interviews. 5. Investigators will prepare and forward a report of their investigation to the Police Chief, and shall make detailed findings of fact as to the allegations in the complaint, and shall also set forth a written conclusion which explains why and the extent to which the complaint is either "sustained" or "not sustained". C. Legal Advice: If litigation, including criminal charges, relating to the matter of the PCRB complaint is commenced or is being contemplated by or against any party to the complaint, the Police Department, the Police Ordinance No. 01-3976 Page 7 Chief and/or the Board shall consult with the City Attomey and/or the Board's own attorney on a case-by-case basis, to determine whether and how the investigation of the PCRB complaint should proceed. D. Complaints Against Police Chief: If a PCRB complaint is filed concerning the Police Chief's conduct, the City Manager shall investigate or cause an investigation to be completed. E. Disciplinary Action: Nothing in this Chapter shall prevent the Police Chief or the City Manager from taking disciplinary action prior to the Board's review of the PCRB complaint. (Ord. 97-3792, 7-15-1997) SECTION V. AMENDMENT. The City Code shall be amended by deleting Section 8-8-6 and substituting the following in lieu thereof: 8-8-6: POLICE CHIEF'S REPORT TO THE BOARD; CITY MANAGER'S REPORT TO THE BOARD: A. The Police Chief shall receive the designated investigators' report within the time frame indicated by the Police Chief. The Police Chief shall conduct a review of the investigators' report, and may do any or all of the following: conduct interviews or request the police investigators to conduct additional investigations; request additional information, or that additional questions be asked; interview or direct that other persons or witnesses be interviewed; request that other documents be reviewed and/or retrieved; and any other investigative matters the Police Chief deems appropriate. B. The Police Chief will consult with the City Personnel Administrator and the City Attorney prior to finalizing the Police Chief's report to the Board, and shall then forward this report to the Board, which shall include the following: 1. Detailed written findings of fact concerning the allegations in the PCRB complaint; 2. A written conclusion which explains why and the extent to which the PCRB complaint is either "sustained" or "not sustained"; and 3. Recommended remedial actions, if any, including amending current policies or adopting new policies. C. The Police Chief's report to the Board shall not include discipline or personnel matters. D. A copy of the Police Chiefs report to the Board shall be given to the police officer, the complainant, and the City Manager. If the PCRB Ordinance No. 01-3976 Page 8 complaint concerns the Police Chief, copies of the City Manager's report to the Board shall be given to the Police Chief, the complainant, and the City Council. (Ord. 97-3792, 7-15-1997) E. The Police Chief's report to the Board shall be completed within ninety (90) calendar days after the PCRB complaint is filed. The Board may grant extensions from this deadline for good cause shown. (Ord. 99-3877, 4-20-1999) F All investigations shall be performed in a manner designed to produce a minimum of inconvenience and embarrassment to all parties- including the complainant, the police officer, and other witnesses. G. If a PCRB complaint is filed concerning the Police Chief, the City Manager's report shall include the same findings of fact and conclusions as required for the Police Chief's report to the Board. (Ord. 97-3792, 7-15-1997) SECTION VI. AMENDMENT. The City Code shall be amended by deleting Section 8-8-7 and substituting the following in lieu thereof: 8-8-7: DUTIES OF THE BOARD; COMPLAINT REVIEW AND GENERAL DUTIES: A. Complaints: The Board shall forward copies of all PCRB complaints received to the Police Chief for investigation; or where the PCRB complaint concerns the Police Chief, forward a copy of the PCRB complaint to the City Manager for investigation. B. Review Of Police Chief's Report Or City Manager's Report: 1. The Board shall review all Police Chief's reports and City Manager's reports concerning PCRB complaints. The Board shall decide, on a simple majodty vote, the level of review to give each Police Chief's or City Manager's report, and the Board may select any or all of the following levels of review: a. On the record with no additional investigation; b. Interview/meet with complainant; c. Interview/meet with named officer(s) and other officers; d. Request additional investigation by the Police Chief or City Manager, or request police assistance in the Board's own investigation; e. Performance by Board of its own additional investigation; Ordinance No. 01-3976 Page 9 f. Hire independent investigators. 2. The Board shall apply a "reasonable basis" standard of review when reviewing the Police Chief's or City Manager's report. This requires the Board to give deference to the Police Chief's or City Manager's report because of the Police Chief's and City Manager's respective professional expertise. The Board may recommend that the Police Chief or City Manager reverse or modify their findings only if: a. The findings are not supported by substantial evidence; b. The findings are unreasonable, arbitrary or capricious; or c. The findings are contrary to a Police Department policy or practice, or any Federal, State, or local law. If, in accordance with said standard, the Board affirms the decision of the Police Chief or City Manager with respect to the allegations of misconduct but nonetheless has cencem about the officer's conduct or police practices, policies, or procedures, it may so comment in its report to the City Council. If such comments are cdtical of the officer's conduct the Board shall provide the officer a name-clearing hearing pursuant to Section 8-8-7(B)(4) hereof. When collecting and reviewing additional evidence, the Board shall rely on evidence which reasonably prudent persons are accustomed to rely upon in the conduct of their sedous affairs. (Ord. 98-3865, 12-15-1998) 3. At the conclusion of the Board's review, the Board shall issue a public report to the City Council concerning the PCRB complaint investigation. Such public report shall include detailed findings of fact concerning the PCRB complaint, · together with a cleady articulated conclusion which explains why and the extent to which the complaint is "sustained" or "not sustained". If the complaint is "not sustained", the public report shall not include the names of the complainant(s) or the Ordinance No. 01-3~)76 Page 10 police officer(s). If the complaint is "sustained" the Board may include the names of the complainant(s) and/or the police officer(s) if it determines that the public interest in such disclosure outweighs the public harm and pdvacy interests of the complainant(s) and/or police officer(s). Said determination shall be made in writing and shall state, in detail, the Board's reasons for such determination. The Board shall notify the person(s) whose name(s) it intends to disclose, the City Attorney and the Police Chief (or City Manager if the Police Chief is the subject of the complaint), of its intent to make such disclosure by confidential wdtten communication sent by regular mail or hand delivery at least ten (10) working days prior to such disclosure. In addition, the Board's public report shall not include any discipline or personnel matters, although the Board may comment generally as to whether the Board believes discipline is appropriate without commenting on the extent or form of the discipline. A copy of this public report to the City Council shall be given to the complainant(s), the police officer(s), the Police Chief and the City Manager. (Ord. 99-3891, 7-13-1999) 4. The Board shall net issue a report which is cdfical of the sworn police officer's conduct until after a "name- cleadng hearing" has been held, consistent with constitutional due process law. The Board shall give notice of such hearing to the police officer so that the officer may testify before the Board and present additional relevant evidence. The Board shall be responsible for protection of all State and Federal rights enjoyed by the officer. The officer may waive the right to this hearing upon written waiver submitted to the Board. (Ord. 98- 3865, 12-15-1998) 5~ If the Board's report is not critical of the officer's conduct, the Board is not required by law to offer a hearing to the officer, but the Board may hold headngs as deemed OrdinanceNo. 01-3976 Page 11 appropriate by the Board. (Ord. 97- 3792, 7-15-1997) 6. The Board's report to the City Council shall be completed within forty five (45) calendar days of receipt of the Chief's or City Manager's report. The City Council may grant requests for extensions to this deadline upon good cause shown. (Ord. 99-3877, 4-20-1999) 7. Nothing in this Chapter shall in any way impede or interfere with the Police Chief's and the City Manager's lawful ability to perform their personnel supervisory duties over sworn police officers, including the ability to impose discipline as deemed appropdate by the Police Chief or City Manager. 8. No findings or report submitted to the Board or prepared by the Board shall be used in any other proceedings. C. General Powers And Duties: The Board shall also carry out the following duties: 1. Maintain a central registry of written complaints filed with the Board or with the Iowa City Police Department. 2. Collect data and do an annual report to the City Council which shall be public and shall set forth the general types and numbers of complaints, disposition of the complaints, the discipline which was imposed, if any, and demographic information. This annual report shall not include the names of the cemplainants or officers involved in complaints which were not sustained, and shall othen~vise be in a form which protects the confidentiality of the parties while providing the public with information on the overall performance of the Police Department. :l:he Board's annual report may also include recommended changes in police practices, policies or procedures. 3. In addition to the annual report, the Board shall, from time to time, report to the City Council on police practices, procedures and policies, including recommended changes, if appropriate. Ordinance No. 01-3976 Page 12 4. The Board shall adopt procedural rules and bylaws governing the Board's activities, including the receipt and processing of complaints, and such procedural rules and bylaws shall be approved by the City Council. (Ord. 97-3792, 7-15-1997) SECTION VII. AMENDMENT. The City Code shall be amended by deleting Section 8-8-8 and substituting the following in lieu thereof: 8-8-8: BOARD COMPOSITION; LIMITED POWERS OF THE BOARD: A. Board Composition: 1. The Board shall consist of five (5) members appointed by the City Council, who shall be Iowa City eligible electors and shall serve without compensation. The City Council shall strive to appoint members who represent the diversity of the community. Appointments to the Board shall include one current or former "peace officer" as that term is defined by State law. The City Council reserves the right to waive the residency requirement for good cause shown. The City Council also reserves the right, for good cause shown, to waive the requirement that the Board include one current or former peace officer. 2. Following final adoption and publication of Ordinance 97-3792, the City Council shall appoint members to the Board for staggered terms. All appointments shall be for a four (4) year term, except for the initial appointments which shall be as follows: a. One person appointed for a two (2) year term. b. Two (2) persons appointed for three (3) year terms. c. Two (2) persons appointed for four (4) year terms. 3. Training shall be available to all Board members to enable them to perform the duties imposed herein, including training on Iowa's public records and open meetings laws. B. Limited Powers: The Board shall have the following limited powers: 1. On its own motion, by a simple majority vote of all members of the Ordinance No. 01-3976 Page 13 Board, the Board may file a PCRB complaint. 2. The Board shall decide the level of review to give the Police Chief's or City Manager's report by a simple majodty vote of all members of the Board. 3. The Board has no power to review police officer personnel records or disciplinary matters except to the extent such matters are made public by the City Attorney. 4. The Board has only limited civil, administrative review powers, and has no power or authority over cdminal matters. The Board is not a court of law, and is not intended to substitute as a tort claims procedure or as litigation against the City. 5. If cdminal charges are brought or are being considered against a particular police officer(s), the Board's review or investigation may proceed with interviewing other officers or witnesses, or collecting documents, as appropriate. Any statements given by an officer who is subject to cdminal investigation cannot later be used against the officer in a criminal proceeding, as provided under the Fifth Amendment to the U.S. Constitution, unless such constitutional right is waived. 6. The Board may obtain outside counsel and independent investigators in order to carry out the Board's duties. 7. The Board may request that the City Council hold general public informational headngs concerning Police Department practices, procedures or wdtten policies. (Ord. 97-3792, 7-15-1997) SECTION VIII. AMENDMENT. The City Code shall be amended by deleting Section 8-8-10 and substituting the following in lieu thereof: 8-8-10: COUNCIL REVIEW: On or before August 1, 2003 and every two years thereafter the City Council shall evaluate the effectiveness of the Board in light of the goals and principles set forth in Section 8-8-2. (Ord. 97-3792, 7-15- 1997) SECTION IX. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. Ordinance No. 01-3976 Page 14 SECTION X. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION XI. EFFECTIVE DATE. This Ordinance shall be in ef~ct after its final passage, approval and publication, as provided by law. Passed and approved this 10th day of July ,20 01. CITY CLERK City Attorney's Office eleanor~ord~PCRB 7-20rd Ordinance No. 01-3976 Page 15 It was moved by Champi on and seconded by Wi 1 burn that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell ~ F~ab X Vanderhoef X Wilbum First Consideration 6/26/01 Vote for passage: AYES: Kanner, Lehman, 0'Donne]l, Wilburn, Champion. NAYS: Pi:ab, Vanderhoei~, ABSENT: None. Second Consideration 7/9/01 Voteforpassage:AYES: Champion, Kanner, Lehman, O'Donne]], Pi:ab, t~i]burn. NAYS: Vanderhoet~, ABSENT: None. Date published 7/18/01 POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5041 December 11,2002 R.J. Winkelhake, Chief of Police Iowa City Police Department 410 East Washington Street Iowa City, IA 52240 RE: PCRB Complaint #02-01 Dear Chief Winkelhake: At its meeting on December 10, 2002, the PCRB granted an additional extension of fifteen days, per your December 2 request, to December 17, 2002, to complete your review and have Legal staff review your report on PCRB Complaint #02-01. Sincerely, John Stratton, Chair Police Citizens Review Board POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319 )356-5041 December 20, 2002 R.J. Winkelhake, Chief of Police Iowa City Police Department 410 East Washington Street Iowa City, IA 52240 RE: PCRB Complaint #02-01 Dear Chief Winkelhake: At its meeting on December 20, 2002, the PCRB granted an extension per your request, to January 17, 2003, to complete your review and have Legal staff review your report on PCRB Complaint #02-01. Sincerely, John Stratton, Chair Police Citizens Review Board POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5041 December 20, 2002 R.J. Winkelhake, Chief of Police Iowa City Police Department 410 East Washington Street Iowa City, IA 52240 RE: PCRB Complaint #02-02 Dear Chief Winkelhake: At its meeting on December 20, 2002, the PCRB granted an extension per your request, to February 3, 2003, to complete your review and have Legal staff review your report on PCRB Complaint #02-02. Sincerely, John Stratton, Chair Police Citizens Review Board POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5041 Janua~ 14,2003 R.J.Winkelhake, Chief of Police Iowa City Police Department 410 East Washington Street Iowa City, IA 52240 During recent discussion of PCRB complaints the Board noted confusion in receiving the attachments/reports submitted by the Police Chief with all names removed. PCRB requests future reports remove only the name of the officers mentioned within the complaint. Sincerely, Kellie Tuttle, Staff cc: City Attorney