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HomeMy WebLinkAbout03-11-2003 ICPD SOG'SIowa City Police Department Standard Operating Guideline SOG #: Effective date: 03-O1 FEBRUARY 11, 2003 Subject: Reference: VEHICLE CRASHES, VEHICLE CRASH REVIEW BOARD CRASH REVIEW Section: ADM Corp~l~nd Signature: __ -- PURPOSE: The purpose of this guideline is to provide authority and procedures for the review of crashes involving department assigned vehicles and/or on-duty department personnel. Motor vehicle crashes involving department vehicles or personnel present serious potential risks to agency personnel and the public as well as considerable financial loss due to injury, loss of manpower, vehicle damage, and possible liability. Therefore, a motor vehicle crash review process has been established for evaluating crashes involving department vehicles and/or department personnel in order to determine cause, institute corrective or preventative measures, and identify training or policy needs. Reports of all accidents involving department vehicles and/or on-duty personnel shall be submitted to the chairperson of the Vehicle Crash Review Board (VCRB) for a determination of whether the VCRB shall be convened. DEFINITIONS: Motor Vehicle Crash: For the purpose of this SOG, a motor vehicle crash is any collision of a vehicle with an outside object, resulting in damage, injury or death. PROCEDURES: A. Vehicle Crash Review Board (VCRB) Authority and Responsibilities a. The Iowa City Police Department's VCRB is responsible for conducting administrative reviews regarding motor vehicle crashes that involve on- duty department personnel and/or department vehicles. b. Where possible, the VCRB is responsible for reviewing aspects of crashes and identifying causative and/or contributory factors. c. The VCRB shall serve in an advisory capacity only, using the departments chain of command to present findings and make recommendations to the Commander Field Operations or other designated personnel. d. The VCRB may draw conclusions concerning culpability in a vehicle crash but shall not recommend discipline or personnel action. B. Board Composition a. The VCRB shall consist of at least three and not more than five voting members as determined and selected by the Chief of Police. 1. The board shall be chaired by the Sergeant of Training and Accreditation. 2. The chair shall be responsible for establishing board operating procedures where not otherwise specified in this SOG, subject to the approval of the Chief of Police. 3. The chair shall ensure that all sections of the Iowa City Police Department are provided with current procedures of the VCRB. b. Other members of the board shall be assigned by the Chief of Police. The term shall be for a period of two (2) years. Consideration shall be given to having a Driving Instructor and an officer trained to th~level ~ Technical Accident Investigator on the board. ~© ~ 1. Any member of the VCRB who does not feel capable of m~'akin(~ a~ impartial decision in a given case shall request replacem~:~f°~'t~"~ case. ~' ~ 2. The VCRB chairperson has the authority to call mem ~'of ~ department to testify at board hearings or to provi(~l~ written statements necessary for board review, co C. Reporting and Investigating Vehicle Crashes Unless incapacitated, officers are responsible for notifying communications of motor vehicle crashes. The ECO shall notify an on-duty supervisor. a. The on-duty supervisor shall be responsible for ensuring that an investigation is conducted. Crashes should be investigated by an outside agency, with 1st preference being the Iowa State Patrol. b. In the event of death, serious injury, or likelihood of extensive City liability, the supervisor may contact a department Accident Investigator or Reconstructionist to the scene to observe. C. Where practical, the supervisor, involved officers, and investigating officer(s) shall complete reports relating to the accident within 24 hours. 1. The supervisors report shall include a narrative memorandum on the crash which should include the following information: I. Details of the events involved in and contributory to the crash. II. Statements of witnesses. II1. Name and insurance information of involved parties. D. Hearing Procedures a. The chairperson of the VCRB shall convene a standing meeting of the VCRB on the second Tuesday of each month. If the chair determines that there are no. crashes for review, he/she may cancel the regularly scheduled meeting. 1. At the direction of the Chief of Police or designee, the chair shall convene a meeting at other than the standing time. b. The department member operating the vehicle at the time of the crash may attend the hearing of their own volition but are not required to attend VCRB hearings. c. The VCRB chairperson shall cause to be presented the facts of the crash. This done utilizing a variety of methods, including but not limited to: 1. Presentation of the Accident Report; 2. Presentation of witnesses or their statements; 3. Submittal of technical reports; 4. Presentation of Audio or Video tapes; 5. Other methods as determined by the chair. d. The department member whose driving is under review may be present during the presentation of fact. He/she shall not be requested or compelled to leave during the presentation of fact. 1. The member whose driving is under review may request to provide a statement (verbal or written) to the VCRB. This may be done in advance to the chairperson of the VCRB or during the hearing. Conclusions Upon completion of the presentation of facts, the VCRB shall meet in executive session to review the facts. To the extent possible by way of a majority vote, the board shall classify the crash as: a. Non - Preventable - The crash shall be classified as non-preventable when it is concluded that the member exercised reasonable caution to prevent the crash from occurring and observed applicable agency policy, procedures and training. b. Preventable - The crash shall be classified as preventable when the member failed to observe agency policy, procedures, or training, and/or failed to exercise due caution or defensive driving tactics. The chairperson of the VCRB shall submit a report summarizing the findings of the board. A copy of the report shall be provided to the member an~ cop~;! forwarded to the Commanding Officer Field Operations and Chief of Poli.~e~-~Thi~; report shall contain a summarization of fact, the determination of prev~t~le ~:! non-preventable, and recommendations for: 1. Changes in departmental directives. 2. Changes in departmental training. 3. Recommendation for individual training. 4. Modifications in equipment. The member whose vehicle operation is being reviewed may contest the finding of the VCRB, in writing, within 10 days of issuance. If the report is not contested within the 10-day period the report will be considered final. The Commander of Field Operations will review the findings and any recommendations of the VCRB and recommend appropriate action to the Chief of Police. E. APPEAL PROCEDURES a. Officers may appeal findings and recommendations of the VCRB regarding preventable crashes by submitting a written appeal to the VCRB within 10 days of the issuance of its preliminary report. 1. Appeals must be accompanied by a written statement specifying points of disagreement with, or perceived oversights in, board findings, and/or provide additional information not previously considered that may bear on the board's findings and recommendations shall be forwarded to the chairperson of the VCRB. 2. All appeals shall be scheduled for review at the next VCRB meeting, and any modification to original findings or recommendations shall be forwarded to the member, Chief of Police and Commanding Officer Field Operations.