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