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HomeMy WebLinkAbout04-09-2003 ICPD General OrdersPER-01.1 DEPARTMENT DISCIPLINARY PHILOSOPHY Date of Issue Janua~ 11, 2001 Effective Date Februar~ 1, 2001 General Order Number 89-02 ISection Code PER-01 Reevaluation Date December 2005 Amends 3103 89-02: Effective July 18, 1989 IC.A.L.E.A. 26.1.2, 26.1.4, 26.1.5, 26.1.6, 26.1.7, 26.1.8 ,INDEX A$: Disciplinary Philosophy Positive Discipline I. PURPOSE Negative Discipline Internal Investigation The purpose of this order is to state formally the Department Philosophy of discipl'~e and to establish the policies and procedures for using training and counseling as methods of positive discipline and to set out the forms of punitive disciplinary options used by the Iowa City Police Department. II. POLICY It is the policy of the Iowa City Police Department to develop positive disciplinary procedures so as to minimize the necessity of negative, punitive disciplinary actions. The primary methods used in positive discipline may include supervisory coaching, training, tangible and intangible rewards and supervisory counseling. PER-01.2 II1. DEFINITIONS POSITIVE DISCIPLINE - are those types of discipline which develop in the member the same objectives as those in the organization. A. This discipline can be developed by effectively training and counseling the employee. 1. Training 2. Counseling NEGATIVE DISCIPLINE - form of punishment or chastisement. A. When positive methods fail or are inappropriate to achieve conformity, then negative disciplinary action must follow to preserve the integrity of the organization. B. Non - Punitive actions: 1 written warning 2. written reprimand C. Punitive actions: 1. written reprimand 2 suspension 3. demotion 4. termination IV. PROCEDURES DEPARTMENT DISCIPLINARY PHILOSOPHY One of the primary tasks of a supervisor is the maintenance of discipline. Discipline may be positive or negative. It may involve a range of responses including encouragement, training, counseling, or the imposition of punitive sanctions. Discipline has as its immediate purpose the channeling of individual effort into effective and productive action. The exercise of positive discipline requires foresight and planning rather than mere reaction. Positive discipline requires an assessment of actual performance and performance capabilities, which when combined with proper training, recognition, and positive rewards, may result in effective contributions to the organization. Employees who violate their oath and trust by committing an offense punishable under the laws or statues of the United States, the State of Iowa, or the Ordinances of the City of Iowa City, or who violate any provision of the Rules and Regulations of the Iowa City Police Department, or knowingly disobey any lawful order, or are incompetent to perform their duties are subject to appropriate disciplinary action. Each employee will have access to a copy of the Department Rules and Regulations. The Rules and Regulations will be housed at specified locations throughout the police department in conjunction with the departmental Policy and Procedures manual. The Iowa City Police Department expects the highest level of professional conduct from all members, both sworn and civilian· However, members of the Department often perform their duties in a manner exceeding departmental standards. Official PER-01.3 commendation of such performance is provided by the Department to give full recognition to those who have brought distinction to themselves and the Department. Members who perform in such a manner may receive a letter of commendation and/or a certificate of appreciation. Copies of letters of commendation or certificates of appreciation shall be kept in the employee's personnel file for the duration of their employment with the Department. Officers may also have a "Report of Inquiry/Incident Form" denoting Exemplary Service submitted by a supervisor. This will also be noted and placed in their personnel file: TRAINING IN THE DISCIPLINARY PROCESS A. Discipline may take the form of training or experience that corrects, molds, strengthens or perfects. Such discipline allows for a professionally oriented department. 1. Training should take place in recruit school; recruit field training' in-service training, advanced training, and remedial training. a. The training process should be designed to reinforce desirable behavior patterns and to call attention to noticeable actions which are deemed undesirable. b. A well-disciplined department is a well-trained department. 2. The supervisor, by his/her actions, sets the example for employees to follow. A good example is necessary if positive discipline is to work. Primary responsibility for maintaining the appropriate level of discipline lies with the first line supervisor. B. Officer's acts, which are committed because he/she either misunderstood procedures or was never made aware of the correct action, are indicators of training needs. 1. These needs may be corrected by remedial training programs. a. Remedial training is personalized training to correct a specific deficiency which is usually identified by testing, evaluation during training, or by a supervisor evaluating an employee during routine job performance, or by acts requiring disciplinary actions. 2. A review of Internal Investigations should analyze information to determine possible training needs by identifying undesirable behavior trends of those individuals. 3. Training may be used as part of the department's disciplinary system by itself, or in conjunction with other disciplinary procedures as determined by the Chief of Police. 4. An employee may be assigned to remedial training based on the results of an Internal Affairs Investigation or by the Chief of Police as a positive measure to correct a deficiency. 5. In a non-disciplinary action, an employee may be assigned to remedial training if his supervisor, through the division commander, recomme~s the process to correct a lack of skill, knowledge, or abilities~-;~ perf(~~:m their assigned tasks properly. 6. Upon completion of a remedial training program participants~.-shall:_.13e evaluated to determine whether or not existing deficie~bies were alleviated. Results of the evaluation shall be forwarded through'_~he cb,~ain command to the Chief of Police. PER-01.4 COUNSELING IN THE DISCIPLINARY PROCESR Counseling is assisting employees in the process of problem solving. It may be corrective or preventive in nature. Counseling as a component of the disciplinary system, may be employed by itself or in conjunction with one or more of the components of the disciplinary system. Counseling may focus on: A. the necessity for a person to change an existing behavior, or deficient work method. B. the necessity for a person.to alter behavior in preparation to be considered for additional responsibilities; C. a disciplinary problem which may be handled in a positive manner by itself, or in conjunction with other disciplinary measures. The following criteria should exist for using counseling: A. There must exist a reasonable belief that the employee has an existing problem or is experiencing difficulty in understanding, adjusting to, or internalizing matters which: 1. Are job related, Pertaining to assigned tasks 2. Involve personnel policies pertaining to departmental policies 3. Involve interpersonal relationships with co-workers 4. Involve personal matters which are affecting the employees work performance. B. The process may be based on the results of an Internal Affairs Investigation concerning a disciplinary matter, by recommending counseling for the employee to the Chief of Police, as a positive measure to correct a deficiency. C. Factors must be present which indicate the employee's problem is having a detrimental effect on work performance. D. There must be a reason to believe that counseling may assist the employee in a supportive way or otherwise have a positive impact on work performance. The following procedures should be followed for using counseling as a function of discipline: A. The employee or their immediate supervisor may initiate the counseling process; B. The initial counseling effort shall be intended to find a remedy or, if not possible, to route the counseling process to one of the following as appropriate: watch commander, division commander o~ outside professional counseling service; C. Counseling sessions may be documented on the departmenrs~_Repo.[t, of Inquiry / Incident form. © B. Counselor controls and directs course of conversation ...... C. Used as a means of d~sc~phn~ng an employee, or prov~r~g sl~et~lfic information, amplifying, clarifying the nature of the infracbon an(~the appropriate behavior desired. TYPES OF COUNSELING APPROACHER Directive Approach ~. A. Counselor determines items to be discussed and solutions desired:.~. PER-01,5 Non-Directive Approach A. Employee does most of the talking, says what's on their mind. (conversation not steered by counselor) B. Counselor helps employee examine facts. C. Counselor helps employee think through the situation, choose alternatives and solve the problem; D. Used most for problem solving instead of discipline. If internal counseling is not an appropriate remedy to the problem, then the employee may be referred to an outside counseling service, or other appropriate sources. NON-PUNITIVE ACTION Non-Punitive actions constitute a part of the Department's disciplinary system. Non- punitive action includes: 'A. Written warnin9 ( may be in conjunction with other disciplinary action) B. Written reprimand (may be in conjunction with other disciplinary action) PUNITIVE ACTION Punitive actions constitute a part of the Department's disciplinary svste~3 P~i~itive actions include: -- - ~ A. Wntten repnmand (may be ~n conjunction with other disciplinary ~t~on) B. Suspension (may be Jn conjunction with other disciplinary action),:; ;~ ' C. Demotion (may be in conjunction with other disciplinary action) mi.:... D Dismissal ~" WRITTEN WARNINGS " Written warnings may be made for actions contrary to the rules and regulations or'he policies and procedures of the Iowa City Police Department. A written warning may be initiated by the employee's supervisor. Written warnings shall be documented on the departmental Report of Inquiry / Incident Form. WRITTEN REPRIMAND A written reprimand may be initiated by the employee's supervisor and may be applied to any infraction of policies, Rules and Regulations, for procedural errors, or any infraction of other written directives. The written reprimand shall follow the chain of command with the Chief of Police maintaining final authority. Written reprimands shall be documented on a del:)a~tmental Report of Inquiry / Incident form and forwarded to the employee's personnel file in the Human Resources Department.. Upon forwarding of the form, the Chief of Police will designate on the form whether the written reprimand is for a minor or major infraction. SUSPENSION When the infraction is of such a nature that a written warning or written reprimand is inappropriate, the Chief of Police may suspend an employee. The employee shall be given written notice of the suspension and the reason(s) for the suspension. A. Any supervisor may impose a fully paid emergency Administrative Leave of Absence on a member or employee when it appears necessary to preserve the efficient and safe operation of the Department. The supervisor shall PER-01.6 promptly notify the Commanding Officer, Field Operations, who shall promptly notify the Chief of Police. 1. Any person so relieved of duty shall be instructed to report to the Office of the Chief of Police at 9:00 a.m. on the next business day, unless otherwise instructed. a. The supervisor imposing or recommending the Administrative Leave of Absence will report at the same time. B. Being relieved of duty does not constitute a suspension, demotion, or dismissal, nor shall the employee lose any pay or benefits for the time he/she was relieved on an Administrative Leave of Absence. DEMOTION With proper cause, the Chief of Police may order an employee demoted. An employee may also be demoted due to lack of work, prudent business reasons, a series of violations, or one very serious violation. The employee shall be given notice in writing of the demotion and the reasons for the demotion. DISMISSAL Dismissal may occur affer progressive discipline has been taken and there is no change in the employee's performance or behavior, or when an act is of a serious nature. Any employee whose conduct results in dismissal shall be provided the following: A. A statement citing the reason for dismissal. B. The effective date of the dismissal. C. A statement of the status of fringe and retirement benefits after di~issal.!~! D. A statement as to the content of the employee's employment rec~'d~rela~i~g to the dismissal. E. A statement indicating the steps and time frame in which appeals:r~ed t@e made in accordance with the grievance process and appeals pur~ua~n~ to_ttbe civil service process. APPEAL OF DISCIPLINARY ACTION .*> ~'~ All appeals of disciplinary actions administered to non-sworn employees will follow the grievance procedures established within existing labor contracts and agreements. Iowa Code Chapter 400.20 is as follows: The suspension, demotion, or discharge of a person holding civil service rights may be appealed to the civil service commission within fourteen calendar days after the suspension, demotion, or discharge. The grievance process shall be initiated within the time frame spelled out the existing labor contracts. SUPERVISORS ROLE IN THE DISCIPLINARY PROCESS Supervisors are responsible for the per[ormance, conduct, and adherence to departmental directives and policies and procedures of their subordinates. Supervisors are the initiators of the disciplinary process and should use their knowledge of supervision, subordinates, and knowledge of the infraction and its cimumstances to recommend corrective action. PER-01.7 Any supervisor may initiate a written warning or reprimand. Written reprimands may be initiated by any supervisor but must be passed upward along the chain of command, A copy of all Report of Inquiry / Incident Form shall be forwarded to the Commanding Officer Field Operations. Suspensions, demotions, and dismissal may only be administered by the Chief of Police or designee. The Chief of Police retains final authority in all disciplinary matters. ANNUAL REVIEW OF DISCIPLINARY CASER A. The Commanding Officer, Field Operations will submit an annual report to the Chief of Police after reviewing all departmental disciplinary cases. The review will be conducted to determine the need for modifications in the following areas: 1) training 2) change in policy, procedure, or Rules and Regulations 3) adequacy of supervision 4) need for inspection or other controls During the review process, the Commanding Officer, Field Operations will analyze citizen complaints separately from Internal Affairs Complaints. This report will be used in the development of departmental goals in preparation for the annual planning and departmental budget process. MAINTENANCE OF DISCIPLINARY RECORDR All written records of the administration of disciplinary actions above a written warning shall be maintained in the employee's personnel file. R. J, Winkelhake, Chief of Police This directive WARNING Date of Issue August 14, 2001 TRN-01.1 ADMINISTRATION OF DEPARTMENT TRAINING General Order Number 95-04 JEffective Date August 17, 2001 Section Code TRN-01 IReevaluation Date Amends / Cancels August 2004 1/03 I C.A.L.E.A. Reference Chapter 33 ,INDEX AS: Authority and Responsibility, Department Training Career Specialty In-Service Training, Definition Department Training Administration Department Training Authority and Responsibility Department Training Committee Department Training Goals Department Training Policy Education and Training Record I. PURPOSE Lodging Reimbursement, Training Meal Reimbursement, Training Reimbursement, Training Training Committee, Department Training Course Critique Training Expense Reimbursement Training Goals, Department Training Policy Statement Travel Costs, Training The purpose of this policy is to establish the policies and procedures for the administration of the Department Training function. TRN-01.2 II1. DEFINITIONS A. Proficiency In-Service Training - A training process designed to stimulate, develop, and improve the skills, knowledge, and abilities necessary to stay competent in the duties and responsibilities of the position. Proficiency and responsibilities of the job presently being performed enhances the employee's skills beyond the minimum level and increases the potential for career advancement. Career Specialtv In-Service Traininq - A training process used to provide an advance level of instruction in an area of interest and specialization that enhances the overall potential for job satisfaction and career development. IV. DEPARTMENT TRAINING FUNCTION Authority A. PROCEDURES The training goals of the Iowa City Police Department are: A. To stimulate, develop, and improve the skills, knowledge, and abilities of all Department personnel. B. To provide new officers with the legally mandated basic training and with the necessary Department field training. C. To provide annual in-service training to all officers for purposes of updating and enhancing their knowledge, skills and abilities. D. To present career specialty in-service training on an as needed and/or as requested basis so as to provide advanced levels of instruction in areas of specialization necessary to carry out the Department mission and enhance career development. E. To identify and utilize the most cost-effective means for providing basic and in-service training to all personnel. F. To develop as necessary, in-house training programs designed to ~eet unique Department training needs~ ~:-,~, and Responsibility '. ,- Unit and Section Supervisors - Each supervisor will assess, o~.g~corffihual basis, the skills, knowledge, and abilities of their personnel so a~ to irn~ove upon performance levels and to identify potential areas of career interest and specialization. Whenever a supervisor identifies a specific need for proficiency in-service training or career specialty in-service training, they must notify their Division Commander, in writing, of that need or interest. Bo Division Commander - Each Division Commander is responsible for updating minimum proficiency in-service training needs (i.e. CPR, Firearm) and career specialty training interests in order to assign those individuals to the proper tra!ning courses, when they become available. Chief of Police - The Chief of Police makes the final decisions about the development of in-house training programs and the assignment of personnel to particular training courses. These decisions are made based upon the recommendation and requests of the various division commanders, TRN-01.3 supervisors, officers, and civilian employees. In addition to the previously mentioned responsibilities, the Chief, or his/her designee is responsible for the overall coordination of the Department training function, to include, but not limited to: 1. identification of individual, unit and/or Department training needs; 2. assignment of personnel to appropriate and/or necessary trai.ning programs; ~:~ ~ .. 3. development and implementation of in-house training progra~ 4. maintenance of an inventory of the programs and resources~.a~,aila6~ provide in-service training; . 5. maintenance of Department training records; 6. review and evaluation of training programs; 7. development of an annual Department training plan. Department Traininq Committee - On an annual basis, the Chief of Police shall appoint representatives from each rank and the departmental training officer to serve on a Department Training Committee. The purpose of this committee is to review, evaluate, and recommend revisions for the Department training effort and to identify areas in which training is lacking. At the conclusion of their review, the department training officer will prepare a written report summarizing their findings. This annual training review report will be submitted to the Chief of Police for review. The department training officer may use this report as a basis for the development of on-going training. Department Traininq Officer - The depadment training officer is responsible for ensuring that members of the department receive the minimum mandatory training as required by law. Additionally, he/she shall continually develop, implement and evaluate departmental training and assist in assessing the training needs of the department. He/she shall maintain records of the training provided "in-house" and records/documentation of training received outside the department. Education and Traininq Record Officers assigned to attend a training session shall arrive at the designated training at the specified time and with any required equipment. Officers shall attend the assigned training in its entirety. In those instances where the officer is required to miss part of the scheduled training for court or other duty related cimumstances, the officer shall notify the instructor of the course at the beginning of the session. To the extent possible, officers shall complete any make up assignments as directed by the instructor. The instructor shall be provided the reason for the absence and the anticipated time of return. In situations where the officer is absent for other than a duty related reason, the officer shall notify his/her supervisor of the absence as soon as possible. Officers missing mandatory training for which they have been scheduled may be required to make up the training. Officers assigned to a training session shall be considered on duty for that day(s). The officer will be reimbursed consistent with city policy for expenses incurred and related to TRN-01.4 the training. All materials obtained at training are the property .of the Iowa City Police Department and the officer may be required to submit the materials for review or to a departmental library. For all departmental training conducted by members of the Iowa City Police Department in excess of four (4) hours, the person assigned to conduct the training shall submit a lesson plan or outline to the training officer for review and approval three (3) business days prior to the training. The lesson plan or outline shall include the following: A. a statement of performance and job-related objectives; B; the content of the training and specification of the instructional techniques to be used; C. identification of any tests or evaluations used in the training process. The departmental training officer shall maintain a record of all departmental training of four (4) or more hours. These records shall include lesson plans/outline, name of attendees, and the performance of individual attendees as measured by any applicable tests or performance evaluations. Personnel assigned to the training function should receive training as available, in the following areas: ~.~ A. lesson plan development; B. performance objective development; C. instructional techniques; D. testing and evaluation techniques; E. resource availability and use. For training in which officers are tested or evaluated, officers failing to satisfactorily complete the training may be required to repeat the training or attend a remedial training session as directed by their watch commander. In addition watch supervisors shall note any training deficiencies or needs when completing the employees annual evaluation. To the extent applicable, upon the completion of a training session of eight or more hours, the employee shall provide the departmental training officer copies of any certificates and test scores. The training officer shall document the completion of the training in the employee's departmental training file. RECRUIT OFFICER TRAINING The Iowa City Police Department shall maintain contact with all personnel attending basic training classes. In addition, the departmental training officer shall periodically review the contents of the training received at any outside basic training academies and forward any concerns to the Commander of Administrative Services for review. All expenses incurred in the attendance of the academy will be born by the Iowa City Police Department. All recruit officers attending the academy are full time employees of the Iowa City Police Department and receive all applicable benefits and protections TRN-01.5 provided as such. When requested and to the extent possible the Iowa City Police Department will provide instructors to outside academies. Within 12 weeks of hire or completion of basic training, officers shall receive training relating to departmental Rules and Regulations and Departmental Orders. This training will be part of the Field Training and Evaluation process and may be conducted by FTOs or others knowledgeable in this area. Sworn personnel who have not attended the basic training academy shall not carry a weapon or be placed in a position where there is a likelihood of having to take any type of official action. Recruit officer training will include training of those tasks most frequently associated with the duties of a patrol officer. Evaluation of these tasks shall be based on and consistent with the evaluation system used in the Field Training and Evaluation Process. The evaluation should evaluate the recruit officer's knowledge of the topic as well as the recruit officers abilities and skills when pertorming the requisite task. INSERVICE TRAINING On a regular basis, officers shall receive update/refresher training as well as training in new areas. As they become available officers shall receive training in new or changes in the law. This training may be in the form of Watch Training, the training bulletin, Department Wide training or other formats as determined best suited for the training. In order to keep officers updated on current trends, techniques, policies, laws etc. and to address areas of concern, the departmental training officer shall provide regularly scheduled watch training. Watch training will be conducted by watch supervisors in conjunction with the regularly scheduled watch meeting. As needed, the department will provide specialized training to personnel who perform . specialized functions. These shall include but is not limited to crime scene technicians, accident investigators, canine units, hazardous device technicians, special response team personnel, and others. Newly hired or appointed civilian personnel shall be provided information on the departments role, purpose goals, policies and procedures; working conditions and regulations; and responsibilities and rights of the employee. Prior to being assigned regular duties as an Emergency Communications Operator,::the person shall receive training in the operation, procedures and duties of the ~_.~ion¢::ln addition they shal! receive regular in-service training in this area. All promoted personnel shall receive training in their new duties and re~ons b liffes within the first year of their promotion. TRN-01.6 Personnel shall receive training in the following areas on an annual basis. A. firearms B. defensive tactics C. motor vehicle operations D. biased based contacts E. hazardous materials F. CPR G. bloodborne pathogens H. legal issues i~1: Jt Winkelhake, Chief of Police ADM 06.1 INTERNAL AFFAIRS INVESTIGATIONS IDate of Issue July 9, 1999 IEffoctive Date July 9, t999 IReevaluation Date July 2005 General Order Number . 99-06 section Code " ADM-06 Amends / Cancels 2/03 i92-03 ADM-06 IC.A.L.E.A. 52.1.1- 52.1.11 IReference Department Disciplinary Philosophy INDEX AS: Internal Affairs Investigations Register (lAIR) lAIR Forms 1 - 12 Internal Affairs Investigations Knowingly Providing False Information Evaluations Police Citizen's Review Board Discipline PURPOSE The purpose of this order is to establish the policy and procedures for the investigation of complaints mede against Department personnel, policies and/or procedures. This order provides the guidelines for the prompt, fair, and impartial investigation and disposition of citizen complaints and allegations. I1. POLICY It shall be the policy of the Iowa City Police Department to investigate all complaints mede against Department members and / or against Department policies and procedures, regardless of the source of such complaints. This policy shall include the investigation of alleged or suspected violations of law, ADM O6.2 ordinances or Department rules, regulations, policies, procedures or orders (written or oral) as reported to Department managers and supervisors by: 1. Members of the Department in any of the following manners: in writing, orally, by telephone, or by correspondence (signed or anonymous). 2. Citizens (including prisoners) who report to any Department member in any of the following manners: in writing, orally, by telephone, or by correspondence (signed or anonymous), or pursuant to the City's Police Citizen's Review Board ordinance. 3. Supervisors or personnel who observe or suspect violations by Department personnel. The thorough, standardized investigations of these types of complaints demonstrates the Department's desire to provide honest, efficient police service and will inspire public confidence in Department personnel. A regulated program of complaint review is established to ensure the fair and impartial treatment of Department members who may become subject to the internal review procedure. Clearly defined policy and procedures permits employees to know what to expect; reassures the public that discipline will be administered, if necessary; and provides a pre-determined method for informing both the public and employees of the disposition of the complaint. III. DEFINITIONS ' c~ ': A. COMPLAINT ..- ..- . ' ~'~ 1. A complaint is defined as an act of expressed dissatisfactiod, either~ral :-7'1 or written, which relates to depadment operations, depadm~ p~y,'~ personnel conduct, or alleged unla~ul acts. Generally, co~laintsj~are based on allegations of misconduct or violations of procedure.co A complaint may be filed either internally, that is by a Depadment member who wishes to repod infractions or violations by another member, or e~ernally, such as when a citizen complains about a member of the Depadment. 2. A complaint includes those filed with the Police Citizen's Review Board pursuant to Ordinance. B. NON-DISCIPLINARY INCIDENTS OR VIOLATIONS 1. Non-disciplinary incidents or complaints shall mean complaints or allegations which, on their face, do not involve alleged violations of law, rules, regulations, general orders or procedures of the Police Department. C. NON-PUNITIVE INCIDENTS OR VIOLATIONS Non-punitive incidents or violations shall mean incidents or complaints which, on their face, allege infractions of rules, regulations, general orders, or procedures by Police Department personnel for which the ADM 06.3 apparent appropriate disciplinary action is counseling and/or written warning or written reprimand by use of the departmental Report of Inquiry/Incident form. D. PUNITIVE INCIDENTS OR VIOLATIONS 1. Punitive incidents or violations shall mean incidents or complaints which, on their face, allege violation(s) of the law, rules, regulations, general orders, or procedures by Police Department personnel for which the apparent appropriate disciplinary response consists of punitive action ranging from loss of privileges to suspension, demotion, and/or dismissal. IV. AUTHORITY AND RESPONSIBILITY A. COMMANDING OFFICER, FIELD OPERATIONS 1. The Commanding Officer, Field Operations, shall be responsible for the internal affairs investigation function of the Department. The Commanding Officer, Field Operations, shall report directly to the Chief of Police about the progress of complaint investigations and dispositions of all such investigations. The Chief of Police or the Commanding Officer, Field Operations may assign the investigation of internal affairs cases to personnel from other divisions, sections or units within the Department, if it is determined that this course of action is in the best interests of the Department. If the complaint is against the Commanding Officer, Field Operations, the complaint will be submitted directly to the Chief of Police who either may assign the investigation to another command officer or may handle it personally. 5. After notifying the Chief of Police, the Commanding Officer, Field Operations, shall contact the City Attorney's Office and the County Attorney's Office when internal investigations concern possible violations of criminal law. This contact may be for notification and/or legal advice or assistance in case preparation. ~--.~ 1. Supervisory and command personnel shall cause to b~ini~iate~ ah internal affairs investigation when the action all~,~:ed i~ an infraction/violation of State Code, Federal laws, City ordina~'"e or Department policy and within the scope of their authority for the initiation B. ALL SUPERVISORY AND COMMAND PERSONNEL ADM 06.4 of this action. Examples of complaints which will be investigated by the Internal Affairs function are: allegations of corruption, brutality, misuse of fome, violations of individual civil rights, criminal conduct, etc. This is not a complete listing of such examples, but is an example to provide guidance for supervisory personnel. These types of complaints will be documented on the departmental Report of Inquiry/Incident form and directed to the COFO. Supervisory personnel shall investigate complaints, verbal or written, which do not involve alleged violations of Federal or State law, City ordinance, or Departmental policy which come to their attention, as an example, alleged rudeness, not providing information about a ticket or arrest, tardiness, incomplete reports, insubordination, etc. This is not a complete listing of such examples, but is an example to provide guidance for supervisory personnel. These types of complaints will be documented on the departmental Report of Inquiry/Incident form. C. ALL DEPARTMENT PERSONNEl -:: 1. It shall be the duty of all Department personqel to report an'actiOn may be a violation of laws, ordinances, rules, regulati~ns~, po]_~ies~ procedures, or orders by any other Department member to the~mme~.iate supervisor of the employee engaging in said action. INTERNAL AFFAIRS INVESTIGATION REGISTER The Internal Affairs Investigation Register (lAIR) is designed to provide the Iowa City Police Department with a control device to assure that complaints, which on their face, allege a violation for which the appropriate disciplinary action would be punitive in nature, (as defined in Section III D 1), will be investigated. These include, but are not limited to, complaints received by the Department, or which originate through action of a Departmental member, or complaints received from the PCRB. The lAIR will be maintained by the Commanding Officer, Field Operations Division. Entries in the lAIR shall contain sufficient and accurate information of both the allegations and the disposition of the complaint. The lAIR will be maintained in a secured area within the Commander's office. C. Complaints logged in the lAIR will be reported to the Chief of Police by the Commanding Officer, Field Operations. To ensure that required investigations are being completed within a reasonable time, periodic inspections of the lAIR will be made by the Commanding Officer, Field Operations and status reports will be forwarded to the Chief of Police. ADM 06.5 E. The Commanding Officer, Field Operations shall assign a control number to each complaint received and record the number in the lAIR, and on the copy of the complaint form. 1. The numbering system shall be sequential, prefixed by the year, i.e., 02- 01,02-02. VI. REPORTING PROCEDURES A written record of all complaints against the Police Department or its personnel shall be maintained regardless of the nature, scope, or reasonableness of the complaint. B. Compliance with the following procedures is the responsibility of the supervisor and/or member addressing the complaint. 1. Conduct a preliminary examination of the complaint. 2. Ensure that the complainant understands the state statute~:conce.?~ing "obstructing justice" and false reports to law enforcemen{:;aUtho~ifles.~ (Attachment A) 3. Complete a Report of Inquiry Form (lAIR Form 2) a) If on the face of the allegations, which ~f taken as true, th~e ~s a ear indication that the officer or employee did nothing improper, then the Report of Inquiry Form shall be completed, indicating same, and forwarded through the chain of command to the Commanding Officer, Field Operations Division. b) If, on the face of the allegations, which if taken as true, the complaint or allegation is minor and within the scope of the supervisor's authority, the supervisor may resolve the complaint by use of the Report of Inquiry/Incident form, and forward the report and results to the Commanding Officer, Field Operations Division. c) When it appears that an officer or employee may have violated state or federal law, city ordinance or Department policies and procedures, the Report of Inquiry shall be forwarded to the Commanding Officer, Field Operations, within 24 hours of the complaint. d) The Commanding Officer Field Operations shall maintain the Report of Inquiry/Incident forms. Supervisors shall review an office~s Report of Inquiry/Incident form(s) when completing a subordinate's annual evaluation. ADM 06.6 VII. e) When it appears that an officer or employee may have committed an illegal or criminal act or may have violated a person's constitutional rights, the Report of Inquiry shall be forwarded to the Commanding Officer, Field Operations within 24 hours of the complaint. Commanding Officer, Field Operations shall forward a copy to the Chief of Police within 24 hours of receiving the Report of Inquiry. f) The City Attorney's Office shall be consulted when there is an allegation which on it's face alleges illegal/criminal activity, civil rights violations, gross negligence, or excessive use of force. g) All Report of Inquiry Forms shall be submitted for approval by the Commanding Officer, Field Operations level, prior to being forwarded to the Chief of Police. Co Within 72 hours of receipt of Report of Inquiry form by the Commanding Officer, Field Operations, a determination shall be made as to whether an internal investigation will be initiated. The accused member should be notified of the investigation decision within this 72-hour period. In exceptional cimumstances, i.e., allegations of on-going criminal activity, the Commanding Officer, Field Operations, with the approval of the Chief of Police, may waive this notification. Do The Chief of Police or designee, shall contact the complainant within seven (7) calendar days of receiving the complaint and inform the complainant of receipt (lAIR Form 1) and the status of the complaint. Included in this contact will be an offer of informal mediation by the Chief. E. Internal Affairs investigations pursuant to complaints shall be completed within sixty (60) calendar days of receipt of the initial complaint. An extension may be granted by the Chief of Police where extenuating cimumstances exist. Status reports on the investigation of complaints shall be submitted to the Chief of Police every seven (7) calendar days to assist in this determination. INVESTIGATIVE PROCEDURES A. If an investigation continues beyond sixty (60) calendar days, a status report will be provided to the complainant by the assigned investigator. A copy of the status report will be forwarded to the Commanding Officer, Field Operations. The Chief of Police may require an employee to submit to ~n~edic~ or -' laboratory examination, to be photographed, to submit finanq~l!discl.6sure i~-,~ statements, or participate in a line-up, when such information .~ a~tio~ are..-; specifically directed toward and narrowly related to a partf~lar i~¥ernal affairs investigation. Failure to follow a direct order of this natur~:°shall ADM 06.7 B~ Do constitute a separate infraction and may result in termination. (However, if an internal investi.qat on involves alleqat ons of criminal actions, employees shall be afforded all their legal or constitutional rights ) 1. The City Manager may impose the requirements of paragraph A above. when the complaint is directed toward the Chief of Police. An employee under investigation may not be compelled to submit to a polygraph, Voice Stress Analysis, or any other instrument designed to detect deception. However, an employee under investigation may voluntarily submit to such examination after being made aware that such actions are strictly voluntary, and refusal to submit does not imply any guilt or admission of the violations. The results of the examination shall not be used in any commission hearing, court or trial as evidence of guilt or innocence, unless agreed to by all padies. Based on the requirements of Iowa law, an employee may be required to submit to a medical or laboratory examination, at the agency's expense, when the examination is specifically directed toward and narrowly related to a particular internal affairs investigation being conducted by the agency. An example of the use of this process is determining drug use by employees. An employee may also be required to be photographed, to participate in a line-up and/or submit to a financial disclosure statement when the actions are material to a particular internal affairs investigation being conducted by the Department or an outside agency. The above will always be based on the requirements of Federal law, Iowa law, and any case law, and precedent thereunder when not in conflict with any labor law or signed labor agreements. The assigned investigator conducting an internal investigation shall conduct the investigation fairly and impartially toward both the complainant and police personnel. The assigned investigator(s), shall conduct such interviews as are deemed necessary in order to accumulate all necessary evidence and facts pertaining to the complaint as determined by the Commanding Officer, Field Operations. The assigned investigator shall follow state law, city ordinance, and labor contracts concerning disciplinary actions utilizing the appropriate forms depending on the alleged violation. a) Notification of Complaint / Investigation (lAIR Form 3). b) Request / Waiver of counsel (lAIR Form 4). c) Administrative Proceeding Rights Form (lAIR Form 5). ADM O6.8 d) Criminal Rights Form for alleged violations of Criminal Law (lAIR Form 6). e) Compelled statement advisory notification form. 3. At the conclusion of the investigation, the Commanding Officer, Field Operations shall submit an Internal Investigations Report to the Chief of Police for review and approval, in the format as outlined in lAIR Form 7. 4. The investigating officer(s), upon completing the internal investigation, shall conclude the report by classifying the individual allegations into one of the following categories: a) Unfounded; The investigation indicates that the act(s) complained of did not occur or did not involve police personnel. b) Exonerated: The complained of acts did occur, but were justified, lawful, and proper. c) Not Sustained: The investigation fails to discover sufficient evidence to clearly prove or disprove the allegations made in the complaint. d) Sustained: The investigation disclosed sufficient evidence to clearly prove the allegations made in the complaint. e) Policy Failure: Investigation reveals that the alleged acts did occur and were improper; however, the officer was acting in accordance with established Department policy. 5. The investigative report and finding(s) shall be forwarded to the Commanding Officer Field Operations for review. COFO may: a) Accept the report and finding(s) of the investigating officer(s). b) Return the report for further investigation, or c) Reclassify the complaint as mentioned in #4 above. 6. When the act complained of is a criminal offense, and the evidence from the above investigation establishes probable cause that the act was committed, the Commanding Officer, Field Operations shall forward the information to the Chief of Police, who shall notify the City_Attorney's office, and in consultation with the City Attorney's office ~1~11 decide whether: c~ ':" a) the County Attorney's Office shall be involved; and ~ --.' ::~: b) the accused person(s) should be arrested forthwith; or c) a warrant for arrest should be first obtained; or ADM 06.9 d) criminal action should be delayed pending further investigation; or e) request assistance from another law enforcement agency. Status Reports - The Internal Affairs Investigator will provide the following information: a) Provide a weekly status report, verbal or written, to the Commanding Officer, Field Operations. b) Cause to be provided a status report to the complainant within sixty (60) calendar days. VIII. INVESTIGATION SUMMARY OF FINDINGS ~¢~ a. Upon final receipt of the Internal Investigation Report (lAIR F0r~ ), the Commanding Officer, Field Operations, shall review completeness. ~ ::~ :- ' B. If the complaint is sustained, the report shall include: 3;- 1. Prior disciplinary action against the employee. 2. Recommended disciplinary action believed to be appropriate, based on the investigation results and the employee's employment history. C. In cases involving complaints against the Commanding Officer, Field Operations, all matters will be handled by the Office of the Chief of Police. D. In cases where complaints are against the Chief of Police, all matters will be handled by the City Manager or his/her designee. Final approval of internal investigation recommendations shall be decided by the Chief of Police except under Subsection C above. The Chief of Police shall have authority to modify any such recommendations in any manner deemed appropriate by the Chief of Police. IX. DISPOSITION OF INTERNAL INVESTIGATION FINDINGS Complaints that are determined to be "sustained" will be filed in the employee's personnel file by the Chief of Police. Allegations that are determined to be "unfounded", "exonerated", "not sustained", or result in a "policy failure" finding shall be filed by the Chief of Police in the internal investigation file with the Commanding Officer, Field Operations, and shall not be entered in the employee's personnel file. ADM 06.10 The officer or employee who is the subject involved in the investigation shall be notified of the disposition by lAIR Form 8, as will any outside complainant by lAIR Forms 9, 10, 11, and 12. Xw CONFIDENTIAL NATURE OF INVESTIGATIONS Many mistaken or even deliberately false reports and accusations are made against police officers. In some instances, the most conscientious and hard- working officers will be the subject of such reports. In order to ensure the integrity of the Department, it is necessary to investigate completely and thoroughly all reports and accusations from all sources. This must be done. At the same time, the reputations and good names of innocent police officers must be protected. This is important to Departmental and individual morale, and to the effectiveness of police operations. Sustained cases and the disciplinary actions taken may be a matter of public information pursuant to Iowa Code Chapter 22. The public nature of such cases and any disciplinary action thereunder shall be decided by the Chief of Police on a case-by-case basis in consultation with the City Attorney's Office. All other cases will be regarded as confidential and the records of such cases will be maintained in the office of the Commanding Officer, Field Operations. Xl. DISCIPLINARY AUTHORITY A. Any Department Supervisor may impose a fully-paid emergency Administrative Leave of Absence on a member or employee when it appears necessary to preserve the efficient and safe operation of the Department. The supervisor shall promptly notify the Commanding Officer, Field Operations, who shall promptly notify the Chief of Police. 1. Any person so relieved of duty shall be instructed to report to the Office of the Chief of Police at 9:00 a.m. on the next business day, unless otherwise instructed. a) The Supervisor imposing or recommending the Administrative Leave of Absence will report at the same time. B. Supervisory personnel may take the following disciplinary measures: 1. Written recommendation for disciplinary penalties. 2. Recommendations for discipline within an employee evaluationT;i 3. Initiate written reprimand with documentation. Copies of all sub~;writl~n reprimands shall be forwarded to the personnel department f(~r;~¢lusi~n in the employee's Personnel file. ADM 06.11 4. Written warning or written reprimand with documentation. All such written documentation for discipline and/or documented written warnings or written reprimands shall be forwarded to the Iowa City Personnel Administrator for inclusion in the subject employee's Personnel File. C. Final Department authority and responsibility for discipline rests with the Chief of Police. D. The Chief of Police has full power and authority to reprimand, suspend, demote, or terminate any Department member for disciplinary purposes. Such employee retains all rights of appeal under applicable laws in accordance with and subject to the provisions of Iowa Code Chapter 400 and collective bargaining agreements. R. J. Winkelhake, Chief of Police ADM 06.12 ATTACHMENT "A" 718.6 False Reports to Law Enforcement Authorities (Iowa Code) A person who reports or causes to be reported false information to a fire department or a law enforcement authority, knowing that the information is false, or who reports the alleged occurrence of a criminal act knowing the same did not occur, commits a simple misdemeanor, unless the alleged criminal act reported is a serious or aggravated misdemeanor or felony, in which case the person commits a serious misdemeanor. 719.3 Preventing Apprehension, Obstructing Prosecution, or Obstructing Defense (Iowa Code) A person who, with intent to prevent the apprehension or obstruct the prosecution or defense of any person, knowingly does any of the following acts, commits an aggravated misdemeanor: Destroys, alters, conceals or disguises physical evidence which would be admissible in the trial of another for a public offense, or makes available false evidence or furnishes false information with the intent that it be used in the trial of that case. Induces a witness having knowledge material to the subject at issue to leave the state or hide, or to fail to appear when subpoenaed. ORG-01.1 ORGANIZATION Date of Issue October 13~ 2000 General Order Number 00-09 Effective Date October 20~ 2000 ORG-01Secti°n Code · Reevaluation Date Amends / Cancels October 2005 3/03 NEW Reference C.A.L.E.A. 11.1.1~ 11.2.2, 11.6.1, 11.6.2~ INDEX AS: ~ Organization ~:: r-~ Responsibilities ':':: 5:= I. PURPOSE . The purpose of this order is to define the organizational structure of the 1~3wa-City5 Police Department. :~ " III. DEFINITIONS ORG-01.2 IV. PROCEDURES CHIEF OF POLICE The Chief of Police is responsible to the City Manager of the City of Iowa City. The Chief of Police is granted authority to act from Iowa Code and the City Ordinances of Iowa City. The Chief of Police directly supervises up to ten employees and is functionally responsible for up to one hundred twenty (120) employees. The Chief of Police plans, directs, evaluates and manages the operations of the Iowa City Police Department. The Chief of Police is further empowered to formulate and implement new policy, operations and disciplinary procedures. The Chief of Police is further directed to foster positive relationships between the Police Department, outside agencies and the general public. Some of the responsibilities of the Chief of Police are: · review all significant incidents involving the department · develop and provide training for members of the depart__ment · develop and administer the budget for the departmen~_.~ · reviews or conducts internal investigations · appoints, promotes within the department · evaluates staff · develops and implements policy · amend, suspend, supersede or cancel any rule, regULation order · develop and implement changes in procedure The Iowa City Police Department consists of two divisions: Field Operations and Administrative Services. Division commanders are responsible directly to the Chief of Police. B. FIELD OPERATIONS Field Operations consists of the Patrol and Investigative sections. Each section commander is responsible to the Commander of Field Operations. The Commander of Field Operations is directly responsible for six to ten employees and functionally responsible for up to 70 employees. Some of the responsibilities of the Commander of Field Operations are: · oversees, directs and reviews daily patrol and investigative operations · directs Sergeant of Investigations · meets with command staff and reviews areas of concern · informs Chief of Police as to ongoing activities of the assigned division · conducts internal investigations ORG-01.3 · prepares and submits required reports · participates in planning and research · assists in budget development · other duties as assigned (For more complete description see City of Iowa City job descriptions) 1. PATROL SECTION The patrol section is divided into three different watches, Days 06:45-15:00, Evenings 14:45-23:00, and Late night watch 22:45- 07:00. Each watch is headed by a Lieutenant who is usually responsible for ten to sixteen employees. The officers assigned to the support watch are responsible to the Sergeant of Investigations. The Lieutenant of each watch is responSible to the Commander of Field Operations. The Patrol Lieutenants are responsible for the day to day operations of their respective watches. Some of the duties, which they are responsible for, are: · supervise field personnel · assist/conduct internal investigations · supervise the preparation of assignments and daily briefings · reviews reports · prepares reports on activities/functions · evaluates subordinates · conducts watch meetings · other duties as assigned (For more complete description see City of Iowa ~_.Oity job. descriptions) ' "- ' Under each Watch Commander are two Sergeants. The Sergearl~J on each watch are directly responsible to their respective watch commander. Patrol Sergeants supervise between ten to fourteen officers on a regular basis. Some of the duties, which patrol sergeants, are responsible for: · conducts daily watch meetings/briefings · supervises and prepares assignments · reviews reports · FATS instruction/training · supervision of Field Training Officers and Probationary Officers · conducts investigations · inspects and maintains vehicles and equipment · visits officers in the field · other duties as assigned (For more complete description see City of Iowa City job descriptions) ORG-01.4 Patrol officers comprise the remainder of the sworn personnel on each watch and are responsible to their respective watch supervisors. Patrol officers are responsible for routine law enfomement duties, including but not limited to: · patrol/community policing · traffic enforcement · accident investigation · identification/collection of evidence · investigation of crimes · responding to calls for public service · other duties as assigned (For more complete description see City of Iowa City job descriptions) Community Service Officers (CSO) (non-sworn) are responsible to the Lieutenant of the watch to which they are assigned. Some of the responsibilities of CSOs are: · enforces parking regulations · directs traffic · collects stray animals · impounds vehicles ': ~ ' -- .... · provides court messenger duties · other duties as assigned Community Service Officers are assigned to the Day and'_LE~,en~n;~ watches. (For more complete description see City of Iowa City joc~ description) School Crossing Guards (non-sworn) are responsible to the Chief's Administrative Secretary, Responsibilities of School Crossing Guards are: · direct traffic at the intersection to which they are assigned · assist children in crossing the street · coordinate student crossings with student crossing guards An Evening Watch Sergeant directs and is responsible for the Special Crimes Action Team (SCAT) is under the direction of an PM Watch Sergeant. In the absence of the Lieutenant of Investigations, the Sergeant of Investigations shall assume duties of Investigation's Supervisor. The Sergeant in the Investigative Section is responsible for: · case preparation · reviews reports · supervision of Support watch ORG-01.5 · supervision of the Gang investigator · prepares repods on activities/functions · supervises Crime Scene Technicians · maintains the lab facilities · assumes duties of Lieutenant of Investigations during their absence other duties as assigned INVESTIGATIVE SECTION The Investigative Section is headed by a Lieutenant who is responsible for the overall operations. The Lieutenant of Investigations is responsible to the Commander of Field Operations. Some of the responsibilities of the Lieutenant of Investigations are: · supervise personnel · conduct internalinvestigations · assignment of cases · review of reports · prepares reports on activities/functions · evaluates subordinates · coordinates multi-jurisdictional investigations with other agencies · other duties as assigned The Iowa City Police Department utilizes Crime Scene Technicians, (CST). The CSTs are uniformed officers whose normal assignment is patrol. In the event that a potential crime scene needs to be processed, a CST of the on duty watch will usually be assigned to process said scene. For the purpose of the CST work, the CST is responsible to the Sergeant in Charge of CSTs. Investigators/officers in the Investigative Section are responsible to the Lieutenant of Investigations. The Gang Investigator is directly responsible to the Sergeant of Investigations. Some of the responsibilities of Investigators are: · conducts interviews/interrogations · case preparation ...... r · collection of evidence <- · conducts follow up investigations ::': r~ ' · disseminate intelligence to patrol . -':~ _~ · other duties as assigned ,: Officers and investigators of the Iowa City Police Departme, r~{ are; ~f equal rank. Investigations is a temporary assignment~nd u .l~,n eRG-01.6 CB completion of a rotation, investigators return to the patrol section or are otherwise reassigned. ADMINISTRATIVE SERVICES Administrative Services consists of the following sections; Emergency Communications, Police Records, Animal Control, Planning and Reseamh, Community Relations and Property Control. The head of each section is directly responsible to the Commander of Administrative Services. The Commander of Administrative Services is directly responsible to the Chief of Police. The Captain of Administrative Services is directly responsible for six to ten employees and functionally responsible for up to thirty employees. Some of the responsibilities of the Commander of Administrative Services are: · oversees, directs and reviews daily activities of the assigned sections · oversees all departmental training · evaluates personnel under their command · meets with supervisors of affected sections and reviews areas of concern · informs the Chief of Police of ongoing activities of th_e_assign,ed division · conducts internal investigations · prepares and submits required repeals · participates in planning and reseamh · assists in budget development · other duties asassigned EMERGENCY COMMUNICATIONS The Emergency Communications section communications supervisor.(non-sworn) is headed by a The Emergency Communications supervisor is directly responsible to the Commander of Administrative Services. The communications supervisor is directly responsible for up to fifteen Emergency Communications dispatchers. Some of the responsibilities of the Emergency Communications supervisor are: · directs, receives and dispatches emergency and non- emergency calls for service · operates Law Enforcement computers · trains and evaluates communications personnel · enters information for Computer Aided Dispatch · maintains accurate records and files of communication activity ORG-01.7 · develops and implements work schedule of communication personnel · assists in budget development · ensures equipment is properly maintained and serviced · other duties as assigned (For more complete description see City of Iowa City job descriptions) Communications dispatchers (non-sworn) are directly responsible to the Communications Supervisor. Some of the duties of communications Dispatchers are: · receives emergency and non-emergency calls for service · obtains information regarding calls for service · monitors radios and alarms · operates Law Enforcement computers · dispatches police, fire and ambulance · enters information on Computer Aided Dispatch · maintains records, listing of emergency contacts · other duties as assigned (For more complete description see City of Iowa City job description) 2. POLICE RECORDS Police records is under the direction of a Police Records Supervisor.(non-sworn) The records supervisor is directly responsible to the Captain of Administrative Services. The record supervisor is regularly responsible for up to seven employees. Some of the responsibilities of the records supervisor are: · manage in-house records and computer systems · trains and evaluates subordinates · assists in development of computer applications~ · completion of scheduled reports · coordinate computer usage, training ~· "., _ · acts as liaison with other agencies maintains supplies and eq ipment · assists in form development ._:~-: - -, c.~.. · other duties as ass ned " -- (For more complete description see City of Iowa City j~ description) a. Senior Police Records Clerk are responsible to the supervisor of police records.(non-sworn) Some of the responsibilities of Senior Records Clerks are: · reviews case reports and arrest information eRG-01.8 (For more complete description see description) classifies, indexes and prepares information for entry in Records Management System enters above data into RMS answers phones and provides information and reports as appropriate makes referrals on requests for information maintains records collects money for record services other duties as assigned City of Iowa City job (For more comptete description description) Records Clerks are responsible to the Records Supervisor.(non- sworn) Some of the responsibilities of Records Clerks are: · · answers phones and provides information and reports as appropriate responds to requests for information maintains log of officers reports and files various records maintains court schedule for officers assists officers in locating files other duties as assigned see City of Iowa City job c. The chief's Administrative Secretary (non-sworn) is responsible to the Chief of Police. The Administrative Secretary is responsible for the following duties: · maintains payroll records and union contracts · reviews and submits maintains inventories and supplies · serves as a liaison between school crossing guards and the department · completes reports as required · answers phone and provides information or makes referrals · maintains training records · maintains Policy and Procedures manual · maintains forfeiture funds · maintains records on current grants and insures that files are in compliance · other duties as assigned eRG-01.9 3. ANIMAL CONTROL The Animal Control section is responsible for enfomement of laws and ordinances pertaining to animals, issuance of licenses and permits, sheltering of animals, animal welfare and destruction of sick/injured or unclaimed animals. The Animal Shelter is under the direction of the Animal Control Supervisor (non-sworn). The Animal Control Supervisor is responsible to the Captain of Administrative Services, and supervises between two to five employees. Some of the responsibilities of the Animal Control Supervisor are: · administers daily operations of the animal shelter · trains and evaluates subordinates · enforces ordinances and assists in updating of animal control regulations · heads Animal Control Advisory Board · supervises the treatment and adoption of animals · provides public information/tours/lectures · completes required documentation of activities · assists in budget preparation · other duties as assigned (For more complete description see City of Iowa City job descriptions) (For more 'complete description see descriptions) Under the Animal Control Supervisor are Animal Control Officers (non-sworn). Animal Control Officers are responsible to the Animal Control Supervisor. Some of the responsibilities of Animal Control officers are: · enforces ordinances and conducts investigations · conducts educational activities · picks up injured, stray and dead animals · attempts to locate owners of lost or injured animals administers euthanasia drugs as required maintains records for adoptions, licensing and reclaims verifies vaccinations of animals other duties as assigned City of Iowa City job b. Also directly responsible to the Animal Control SuperviSor are the Kennel Assistants (non-sworn). Some to the resp~_~sibiliti~ of Kennel Assistants are: · cleans and disinfects kennel area · performs generalcustodial duties ORG-01.10 · cares for animals and evaluates animal behavior · administers euthanasia drugs as required · supervises shelter volunteers · dispatches animal control officers · updates animal control log entries · collects fees and issues receipts · other duties as assigned (For more complete description see City of Iowa City job description) 4. PLANNING AND RESEARCH The Planning and Research function is filled by a sergeant. The sergeant is directly responsible to the Captain of Administrative Services, but shall have access to the Chief of Police as needed. This position is responsible for statistical analysis of data, identification of trends, tracking and compilation of data for scheduled reports, forwarding of identified trends to appropriate sections or watches and media relations. In order to ensure the accurate and timely response to ongoing situations, the sergeant of Planning and Research shall have access to those resources and information necessary to develop required reports. Some of the responsibilities of the Sergeant of Planning and Research are: · report review · development of forms · completes required reports · updating of information for daily watch meetings · completes weekly, monthly, quarterly and annual reports on activities · provide statistics and information fo~ ~cit ze~ questions/requests -:" -~ · back up evidence custodian · completes information for government access::chanRe (APB) ::~-:~ :'~:,'----~ · other duties as assigned :_'~"' ~'-- 5. COMMUNITY RELATIONS The Community Relations section is staffed by two uniformed officers who are directly responsible to the Commander of Administrative Services. These officers are cross-trained in the areas of community relations, DARE, and crime prevention, with each officer having primary duties in a particular area. Some of the functions of these positions are: · serving as DARE instructors in the schools · develop, implement and maintain neighborhood watch organizations ORG-01.11 * serve as liaison between community groups and the department · provide advice/assistance in formulating crime prevention strategies · coordinate speakers and speaking engagements · develop informational displays for community events · other duties as assigned The officers assigned to Community Relations are on a three to five year staggering rotation. Upon completion of their Community Relations assignment, they return to the Patrol Section or are otherwise reassigned. (When an officer is in their final year of the assignment, another officer will be added, on a part time basis to the section, for training purposes. When performing the duties of a Community Relations officer, the person is directly responsible to the Commander of Administrative Services. At all other times there are responsible to their respective commander.) PROPERTY MANAGER The position of Property Manager (non-sworn) is directly responsible to the Captain of Administrative Services. In the absence of the Property Manager, the duties are performed by the Sergeant of Planning and Research. The Property Manager is responsible for evidence/property, which comes in to the possession of the Iowa City Police Department. Some of the duties of the Property Manager are: · catalog and maintain evidence/property that is submitted · store and process film · submission of evidence to the appropriate lab · complete evidence sheets/reports · entry of evidence/property into records system · return evidence/property upon receiving disposition of a case · dispose of property/evidence according to law and existing policy · other duties as assigned The position of Property Manager is filled by a CSO. This person's primary responsibility is to the property section, and when acting in this capacity the Property Manager is responsible to the Commander of Administrative Services. ORG-01.12 7. TRAINING OFFICER The Training Officer is a sergeant who is directly responsible to the Commander of Administrative Services. Some of the duties of the Training Sergeant are: · identification of training needs · development of squad meeting training · keeping of training records · development of training courses · posting of training opportunities · implementation of required training · ,J. n e a e, ChieT OT Police PER-04.1 TEMPORARY / LIGHT DUTY IDate of Issue 10/30/02 General Order Number 02-01 Effective Date Section Code 10/30/02 3/03 PER-04 Reevaluation Date Amends / Cancels OCTOBER 2003 10/30/02 issue C.A.L.E.A. Reference INDEX AS: Light Duty FMLA Temporary Light Duty Injury I. PURPOSE ~ The purpose of this order is to establish the authority for granting temporary light-~ty assignments and to establish procedures for granting temporary light duty to eligible officers and civilian personnel within the department. PER-04.2 III. DEFINITIONS Eligible Personnel: For purposes of this policy, a sworn or civilian member, suffering from medically certified illness, injury, or condition, who is temporarily unable to perform their regular assignment but is capable of performing alternative assignments. Family Medical Leave Act (FMLA): Federal law providing for up to twelve (12) weeks of leave for eligible workers, for their own serious health condition or other situations as outlined in the law and the City's FMLA policy. IV PROCEDURE '~ A. GENERAL PROVISIONS ~ 1. Temporary light-duty positions are limited in number, task, variety; a~ availability. Therefore:. .... ,_. a. personnel injured or otherwise disabled in the line of duty m~be given preference in initial assignment to light duty; and b. assignments may be changed at any time, with concurrence of the treating physician, if deemed in the best interest of the employee or the agency. 2. This policy in no way affects the privileges of employees under provisions of the Family and Medical Leave Act, Fair Labor Standards Act, Americans with Disabilities Act, collective bargaining agreement, or other federal or state law. 3. Assignment to temporary light duty shall not affect an employee's pay classification, pay increases, promotions, retirement benefits or other employee benefits. 4. No specific position within the Department shall be established for the use as a temporary light-duty assignment, nor shall any existing position be designated or utilized exclusively for personnel on temporary light duty. 5. Light-duty assignments are strictly temporary and will not exceed 960 Hours. (Light duty may be provided for a total of 960 Hours in a one year period, with a year being defined as beginning on the first light duty day and ending 12 calendar months after the first light-duty day.) After 960 Hours, personnel on temporary light duty who are not capable of returning to their original duty assignment may: a. Pursue other options as provided by employment provisions under federal or state statute, or collective bargaining agreement. 6. Officers on temporary light duty are strictly prohibited from engaging in outside employment in which that officer may reasonably be expected to perform law enforcement functions which they have been determined physically or mentally unable to perform on behalf of the department. 7. Officers/employees who are medically prohibited from performing their regularly assigned duties may not engage in outside or "off-duty" employment until approved by the Chief of Police. Officers/employees shall provide the Chief of Police documentation from their attending physician stating that the outside / off-duty employment is medically permitted. 8. Depending upon the nature and extent of the injury or illness, an officer on temporary light duty may be prohibited or restricted from wearing departmental uniform, carrying a weapon or otherwise limited in employing PER-04.3 police powers as determined by the Chief of Police so long as such limitations are consistent with this policy. 9. Light-duty assignments shall not be made for disciplinary purposes. 10. Officers/employees who incur a duty-related injury and refuse a temporary- light-duty assignment may be subject to loss of Chapter 411 or Worker's Compensation benefits. However, such officers/employees may be covered by FMLA provisions with respect to obtaining leave, whether paid or unpaid, per FMLA. TEMPORARY LIGHT-DUTY ASSIGNMENTS ;~ 1. Temporary light-duty assignments may be drawn from a range~ techa~cal and administrative areas that include but are not limited to the fol[oWT~g: ~ a. administrative functions (e.g. report review, special projects) ' - ;~ b. clerical functions (e.g. filing) _~.~- -- c. report taking (e.g. telephone reports) ~ ~: ;~i ~- d. communications ~ ~ ~: 2. The Office of Chief of Police shall maintain an inventory of a~.aj~able~o assignments that may be used for temporary light duty. o 3. Decisions on temporary light-duty assignments shall be made based upon the availability of an appropriate assignment given the applicant's skills, knowledge and abilities; availability of light duty assignments; and the physical limitations imposed on the officer. a. When available, the work hours of a Light Duty assignment are subject to the availability of necessary equipment or work space. 4. Every effort shall be made to assign officers/employees to' positions consistent with their rank and pay classification. However, where deemed appropriate, personnel may be assigned to positions designated for personnel of lower rank or pay classification. Officers/employees thus assigned shall: a. Retain the privileges of their rank but shall answer to the supervisory personnel of the unit to which they are assigned with regard to work responsibilities and performance; and b. Retain the pay classification and related benefits of the position held prior to their assignment to temporary light-duty. REQUESTS FOR AND ASSIGNMENT TO TEMPORARY LIGHT DUTY 1. Requests for temporary light-duty assignments shall be submitted to the officer's / employee's immediate supervisor. Requests shall be accompanied by a statement of medical certification to support a requested reassignment, which must be signed by the treating physician. The certificate must include an assessment of the nature and probable duration of the injury or illness, prognosis for recovery, nature of work restrictions and an acknowledgement by the health-care provider of familiarity with the light- duty assignment and a statement that the employee can physically assume the duties involved. 2. The request for temporary light duty and the physician's statement shall be forwarded to the Office of Chief of Police. The Chief of Police or designee may consult with the City's Personnel Administrator and/or other City PER-04.4 Department prior to making a determination regarding the assignment to temporary light-duty. a. The Department may require the employee to submit to an independent medical examination by a health provider of the Department's choosing. In the event the opinion of this second health care provider differs from the foregoing health provider, the employee may request a third opinion at the employer's expense. b. The employee and representative of the Department shall cooperate and act in good faith in selecting any third health-care provider, and both parties shall be bound by that medical decision. Employees not eligible for FMLA leave, may be offered a temporary light duty assignment upon submission of a request from the officer's/employee's immediate supervisor or unit commander to the Chief of Police. As a condition of assignment to temporary light-duty, officers may be required to submit to monthly physical assessments of their condition. R. ~'./Winkelhake, Chief of Police WARN NG