HomeMy WebLinkAbout07-13-2004 Police Citizens Review BoardAGENDA
POLICE CITIZENS REVIEW BOARD
July 13, 2004 — 7:00 P.M.
LOBBY CONFERENCE ROOM
410 E. Washington Street
ITEM NO. 1 CALL TO ORDER and ROLL CALL
ITEM NO. 2
CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR
AMENDED
• Minutes of the meeting on 05/11/04
• ICPD Use of Force Report — April 2004
• ICPD Use of Force Report — May 2004
• ICPD Use of Force Report — June 2004
• ICPD General Order #89 -04 (Civil Rights)
• ICPD General Order 499 -05 (Use of Force)
• ICPD General Order #99 -09 (Vehicle Crashes)
• ICPD General Order #00 -03 (Less Lethal Impact Munitions)
• ICPD General Order #00-01 (Search and Seizure)
• ICPD General Order #01 -03 (Performance Evaluations)
• ICPD SOG #01 -16 (Records Maintenance /Security)
• ICPD Memorandum — Quarterly /Summary Report (Quarter 2 "AIR/PCRB, 2004
• ICPD Department Memo 04 -21
ITEM NO. 3
NEW BUSINESS
ITEM NO.4
OLD BUSINESS
• Draft of Annual Report
ITEM NO. 5
PUBLIC DISCUSSION
ITEM NO. 6
BOARD INFORMATION
ITEM NO.7
STAFF INFORMATION
ITEM NO. 8
CONSIDER MOTION TO ADJOURN TO EXECUTIVE SESSION based on Section
21.5(1)(a) of the Code of Iowa to review or discuss records which are required or
authorized by state or federal law to be kept confidential or to be kept confidential as a
condition for that government body's possession or continued receipt of federal funds,
and 22.7(11) personal information in confidential personnel records of public bodies
including but not limited to cities, boards of
supervisors and school districts, and 22 -7(5) police officer investigative reports, except
where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications
not required by law, rule or procedure that are made to a government body or to any of
its employees by identified persons outside of government, to the extent that the
government body receiving those communications from such persons outside of
government could reasonably believe that those persons would be discouraged from
making them to that government body if they were available for general public
examination.
ITEM NO. 9
MEETING SCHEDULE and FUTURE AGENDAS
• August 10, 2004, 7:00 P.M., Lobby Conference Room
• September 14, 2004,7:00 P.M., Lobby Conference Room
• October 12, 2004, 7:00 P.M., Lobby Conference Room
• November 9, 2004, 7:00 P.M., Lobby Conference Room
ITEM NO. 10 ADJOURNMENT
MEMORANDUM
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
DATE: July 9, 2004
TO: PCRB Members
FROM: Kellie Tuttle
RE: Board Packet for meeting on July 13, 2004
Enclosed please find the following documents for your review and comment at the next board
meeting:
• Agenda for the meeting on 07/13/04
• Minutes of the meeting on 05/11/04
• ICPD Use of Force Report — April 2004
• ICPD Use of Force Report — May 2004
• ICPD Use of Force Report — June 2004
• ICPD General Order #89 -04 (Civil Rights)
• ICPD General Order #99 -05 (Use of Force)
• ICPD General Order #99 -09 (Vehicle Crashes)
• ICPD General Order #00-03 (Less Lethal Impact Munitions)
• ICPD General Order #00-01 (Search and Seizure)
• ICPD General Order #01 -03 (Performance Evaluations)
• ICPD SOG #01 -16 (Records Maintenance /Security)
• ICPD Memorandum — Quarterly /Summary Report (Quarter 2) — [AIR/PCRB, 2004
• ICPD Department Memo 04 -21
• Draft of PCRB Annual Report
• PCRB Complaint Deadlines
• PCRB Office Contacts — May 2004
• PCRB Office Contacts — June 2004
• E -mail from Martha Dominguez / PCRB Chair response attached
Other resources available:
National Association for Civilian Oversight of Law Enforcement
NACOLE provides information regarding civilian oversight in law enforcement nation wide. For
more information see: www.NACOLE.org
DRAFT
POLICE CITIZENS REVIEW BOARD
MINUTES — May 11, 2004
CALL TO ORDER: Chair Loren Horton called the meeting to order at 7:01 p.m.
MEMBERS PRESENT: Candy Barnhill, Greg Roth, Loren Horton, John Stratton, and Roger Williams
MEMBERS ABSENT: None
STAFF PRESENT: Legal Counsel Catherine Pugh and Staff Kellie Tuttle present
OTHERS PRESENT: Capt. Tom Widmer of the ICPD and citizen Kevin Halstead (7:06 p.m.)
CONSENT
CALENDAR Motion by Stratton, seconded by Williams, to adopt the consent calendar.
• Minutes of the meeting on 03/09/04
• ICPD Use of Force Report — February 2004
• ICPD Use of Force Report — March 2004
• ICPD General Order #95 -01 (Emergency Operation of Police Vehicles)
• ICPD General Order #99 -02 (Alarm - Open Door Response)
• ICPD General Order #99 -03 (Prisoner Transport)
• ICPD General Order #01 -06 (Juvenile Procedures)
• ICPD SOG #04 -01 (Citizen Involvement Programs)
• ICPD SOG #04 -02 (Crime Analysis)
• ICPD SOG #04 -03 (Abducted Children)
• ICPD Department Memo 04 -08
• ICPD Quarterly /Summary Report — IAIR/PCRB, 2004, Quarter 1 (January- March)
Stratton inquired about the intern program referenced in SOG #04 -01 and asked Widmer
in what capacity the interns were used. Widmer informed the board that the program
was formed about 3 years ago and for the most part the interns are used in the records
room for entering citations and some other minor things. They also have a Volunteer
program, which is mostly worked through the Senior Center and has been quite
successful. There are currently 6 -7 volunteers.
Barnhill inquired whether the CPAAA (Citizens Police Academy Alumni Association),
members who have already been through the program who still meet once a month,
needed to be listed anywhere for ride along purposes, on SOG #04 -01. Widmer stated
that he would make a note and look into it.
Horton requested a copy of the waiver of liability that is used in the Citizen Involvement
Programs.
Horton also inquired if there was a difference in the procedure for the Amber Alert if it
were a relative verses a non - relative. Widmer stated they would be handled the same,
but that there are certain criteria followed with the Amber Alert and it would have to be
shown that the child was in suspected danger.
Motion carried, 5/0.
PCRB -Page 2
May 11, 2004
NEW BUSINESS
OLD BUSINESS
PUBLIC
DISCUSSION
BOARD
INFORMATION
STAFF
INFORMATION
The Board reviewed the first draft of the annual report. A final draft will be reviewed at
the next scheduled meeting for approval.
None.
None.
None.
Legal Counsel Pugh will be on a short leave during the months of October /November.
Tuttle informed the Board that the upcoming vacancies for Horton and Stratton were
announced at the May 4'" Council meeting and the deadline for applications is June 9th
MEETING SCHEDULE
ADJOURNMENT
• June 8, 2004, 7:00 P.M., Lobby Conference Room - CANCELLED
• July 13, 2004, 7:00 P.M., Lobby Conference Room
• August 10, 2004, 7:00 P.M., Lobby Conference Room
Motion by Stratton, seconded by Roth to cancel the regularly scheduled June meeting.
Motion carried. 5/0.
Motion by Barnhill, seconded by Stratton, to adjourn. Motion carried, 5/0. Meeting
adjourned at 7:409 P.M.
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LEG -01.1
CIVIL
RIGHTS
Date of Issue General Order Number
May 5, 2000 89 -04
Effective Date Section Code
May 10, 2000 1 LEG -01
Reevaluation Date Amends /Cancels
May 2005 5104 1 May 2000 issue
C.A.L.E.A.
1.2.3
I Reference
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INDEX AS:
71
Civil Rights
Arrests
Use of F'or�e.,
Cl)
Rights, Civil
Warrants
Rights, Individual
Search and Seizure
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PURPOSE
The purpose of this order is to consolidate the policy of the Iowa City Police
Department on civil rights as already expressed in current Department rules,
directives, and other publications. This order will reaffirm the Department's
determination to observe, uphold, and enforce all laws pertaining to the
individual rights of each person without regard to age, race, color, creed,
religion, sex, national origin, economic status, marital status, disability, sexual
orientation or gender identity.
II. POLICY
It is the policy of the Iowa City Police Department to ensure that the civil rights of the
citizens of Iowa City are upheld. Members of the department shall ensure that all
constitutional protections are afforded those parties with whom the department is
involved.
LEG -01.2
III. PROCEDURES
INDIVIDUAL RIGHTS
A. All persons are guaranteed protection against unlawful arrest and
unreasonable search or seizure. (see general order 00 -01, Search and
Seizure)
B. Department personnel shall uphold these rights by:
1. Taking a person into custody only when there is reasonable grounds to
believe that:
a. An arrest warrant exists for the person, or
b. The person has committed or is committing a violation of the law.
c. The person may be a harm to themselves or others
2. Entering a private dwelling only when he /she:
a. Has in his /her possession a search warrant authorizing him /her to do
so, or
b. Has reason to believe that immediate entry is necessary to protect a
person within such private dwelling from death or serious injury, or
c. Can otherwise legally justify his /her action.
3. Taking from an individual only such property as he /she is legally
authorized to take, and recognizing that he /she is responsible and must
account for all such property.
C. When making an arrest or searching and seizing property, Department
personnel shall use only such force which is reasonable and ecessgy
and in compliance with departmental directives pertaining tog se of
force. (see general order 99 -05, Use of Force)
D. At all times Department personnel shall:
II
1. Never exhibit any bias or prejudice against any group or individu
D' ry
2. Act, speak, and conduct themselves in such a manner as to treat al'I
persons with courtesy and with that respect due to every person as a
human being.
LEG -01.3
CITIZENS GUARANTEE
A. All persons of this country are guaranteed the right to seek redress of
grievances by:
1. Freedom of speech
2. Peaceful assembly
3. Peaceful picketing
4. Distribution of handbills providing such distribution is not in conflict with
the provisions of any City Ordinance.
B. The rights set out in paragraph A, above, while fundamental in our
democratic society, do not mean that everyone with opinions or beliefs to
express may do so at any public place and at any time. The constitutional
guarantee of liberty implies the existence of an organized society
maintaining public order, without which liberty itself would be lost in
excesses of anarchy. The exercise of these rights of free expression
must not:
1. Conflict with the governmental responsibility to keep public streets and
public facilities open and available for public use.
2. Include the use of inflammatory remarks related to any instance where a
clear and present danger of a riot against any person or group of persons
exists.
C. Resources of the Department will be employed to rapidly and decisively
enforce statutes and ordinances which provide for the protection of the
rights and property of all persons.
1. To the extent possible, Watch Commanders will assure that adequate
staffing is available to control and maintain order in every instance
where crowds have formed or are expected to form.
2. Police personnel in command at the scene of any assembly must be
aware of their responsibility to afford protection to both participants and
non - participants, and will deal with illegal acts promptly, decisively,`,and
impartially. O
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LEG -01.4
ARRESTED PERSONS
A. All persons of this country, in keeping with our democratic processes, are
guaranteed certain basic constitutional safeguards. These safeguards will
not be denied any person even though he /she has committed, or is
suspected of having committed, a criminal act.
B. Department personnel will at all times be aware of a prisoner's rights and
shall:
1. Permit the prisoner to communicate with his /her attorney and/or a family
by making a reasonable number of telephone calls.
2. Expedite all necessary processing so the prisoner will be detained no
longer than necessary.
3. Never use force or coercion in seeking admissions of guilt or confessions.
4. Recognize and respect the prisoner's right to refuse to give evidence
against him/herself; however, there is no encroachment upon a prisoner's
rights if he /she should voluntarily supply such information.
RESPONSIBILITY
Each officer shall familiarize him /herself with the laws and Department directives
pertaining to civil rights to insure his /her:
A. Recognition of each person's civil rights and
B. Compliance with all laws and Department directives relating to civil rights.
VIOLATIONS
Violations of this policy may be the basis of disciplinary action up to and
including discharge from the Department. Egregious violations of rsonaivil
rights may result in individual liability and /or criminal sanctions. z n
9
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OPS -03.1
USE OF
FORCE
Date of Reissue General Order Number
April 28, 2001 99 -05
Effective Date Section Code
April 21, 1999 OPS -03
Reevaluation Date I Amends/ Gance/s
April 2006 5/04 95-03
C.A.l.E.A. Reference
1.3.1 -1.3.8,1.3.13
INDEX AS:
Use of Force
Reporting
Significant Force Investigation
Use of Force Model
Canine
Arrests
Warning Shots
n
I. PURPOSE
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The purpose
of this policy is to provide
o Ti
members of the Iowa Oty�P0%e
-
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Department with guidelines on the use of deadly and non - deadly force. F
II. POLICY
The Iowa City Police Department recognizes and respects the value and special
integrity of each human life. In investing officers with the lawful authority to use force to
protect the public welfare, a careful balancing of all human interests is required.
Therefore, it is the policy of the Iowa City Police Department that police officers shall
use only that force that is reasonable and necessary to effectively bring an incident
under control, while protecting the lives of the officers and others.
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OPS -03.2
III. DEFINITIONS
Definition - Deadly force (Section 704.2, Code of Iowa) for the purpose of
this policy shall mean any of the following:
1. Force used for the purpose of causing serious injury.
2. Force which the actor knows, or reasonably should know, will create a
strong probability that serious injury will occur.
3. The discharge of a firearm, in the direction of some person with the
knowledge of the person's presence there, even though no intent to inflict
serious physical injury can be shown.
4. The discharge of a firearm, at a vehicle in which a person is known to be.
Definition - Serious injury (Section 702.18 Code of Iowa)
Means disabling mental illness, or bodily injury which creates a substantial risk of
death or which causes serious permanent disfigurement, or protracted loss or
impairment of the function of any bodily member or organ.
Definition - Reasonable force (Section 704.1, Code of Iowa)
Is that force and no more which a reasonable person, in like circumstances,
would judge to be necessary to prevent an injury or loss and can include deadly
force if it is reasonable to believe that such force is necessary to avoid injury or
risk to one's life or safety or the life or safety of another, or it is reasonable to
believe that such force is necessary to resist a like force or threat. Reasonable
force, including deadly force, may be used if an alternative course of action is
available if the alternative entails a risk to life or safety, or the life or safety of a
third party, or requires one to abandon or retreat from one's dwelling�qr place of
business or employment. (, I_
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Definition -Reasonable officer: Objective Standard?
-,-1
1. "The 'Reasonableness' of a particular use of force must be i0ibd Mm �
the perspective of a reasonable officer on the scene rather tt�arf'wit"he
20/20 vision of hindsight. Graham v. Connor, 109, S.Ct ? 865,1872.
(1989)
2. "Reasonableness" also takes into account that police officers make
judgements in a split second under circumstances that are "tense,
uncertain, and rapidly evolving - about the amount of force that is
necessary in a particular situation. Graham v. Connor, 109 S.Ct.
1865,1872. (1989)
OPS -03.3
Definition - As used in this policy, "less lethal munitions"
Means projectiles which are designed to stun, temporarily incapacitate, or cause
temporary discomfort to a person.
IV. Code of Iowa - Use of Force in Making Arrests and Preventing
Escape
Section 804.8 Use of force by peace officer making an arrest.
A peace officer, while making a lawful arrest, is justified in the use of any force
which the peace officer reasonably believes to be necessary to effect the arrest
or to defend any person from bodily harm while making the arrest. However, the
use of deadly force is only justified when a person cannot be captured any other
way and either:
1. The person has used or threatened to use deadly force in committing a
felony, or
2. The peace officer reasonably believes the person would use deadly force
against any person unless immediately apprehended.
A peace officer making an arrest pursuant to an invalid warrant is justified in the
use of any force which the peace officer would be justified in using if the warrant
were valid, unless the peace officer knows that the warrant is invalid.
Section 804.13 Use of force in preventing an escape.
A peace officer or other person who has an arrested person in custody is
justified in the use of such force to prevent the escape of the arrested person
from custody as the officer or other person would be justified in using if the
officer or other person were arresting such person.
V. PROCEDURES
o ==
DEADLY FORCE
A. Purpose of statement s
rn �
1. To delineate the Department's policy regarding the use of deal t f6rcec"
2. To establish policies under which the use of deadly force is permissible
B. Policy
1. Officers of the Iowa City Police Department may fire weapons to stop or
incapacitate an assailant to prevent serious bodily injury or death. For this
OPS -03.4
purpose and to minimize danger to innocent bystanders, the officer should
shoot at the center body mass, whenever possible.
2. An officer may use deadly force to protect him /herself or others from what
he /she reasonably believes to be an immediate threat of death or serious
injury.
3. An officer may use deadly force to effect the capture or prevent escape if:
a.. the person used or threatened to use deadly force in committing a
felony, and
b. the peace officer reasonably believes the person would use deadly
force against a person unless immediately apprehended.
4. No distinction shall be made relative to the age of the intended target.
5. Warning shots by officers of the Iowa City Police Department are
prohibited.
6. A verbal warning shall be utilized prior to an officer discharging a weapon
unless it would compromise the safety of the officer or others.
7. Shooting at or from a moving vehicle is prohibited, except under the
following circumstances:
a. When the occupant of the vehicle is utilizing deadly force against the
police officer or other persons.
b. Asa last resort to prevent death or serious injury to officers or other
persons.
c. As a last resort to apprehend a person who has just committed a
felony resulting in death or serious injury.
d. The discharge of firearms shall not be utilized when circumstances do
not provide a high probability of striking an intended target or when there
is substantial risk to the safety of other persons, including the risk of
causing vehicle accidents.
C. Injuries resulting from Use of force.
1. Officers shall render appropriate first aid to any person injured or
complaining of pain following the use of force.
2. EMS will be summoned to the scene to ensure delivery of appropriate
medical treatment when:
a. Requested by the subject(s) involved. O
b. The extent of an injury is unknown or not visible.r c7
c. The nature or extent of the injury dictates.
Officers shall error on the side of caution, requesting EMS to jotpo4to
the scene if in doubt about the existence or extent of an injury.-- a
D. Surrender of firearm.
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OPS -03.5
When officers or employees discharge a firearm that results in personal injury
or death to any person, the officer or employee shall surrender that firearm to
his /her supervisor or a higher authority consistent with departmental
directives. Firearms involved in police shooting incidents shall not be
unloaded, cleaned, nor in any way altered from the condition immediately
following discharge other than to make the weapon safe for transport.
1. When more than one officer or weapon has been involved in a shooting
situation resulting in any injury or death, the involved weapons must be
surrendered to the commanding officer in accordance with departmental
directives.
2. The commanding officer receiving such firearm or firearms shall
immediately secure and document the same as evidence.
LESS LETHAL FORCE
A. Where deadly force is not authorized under this policy, officers should assess
the incident in order to determine which less lethal technique will best de-
escalate the incident and bring it under control in a safe manner. Officers
shall use no more force than is reasonably necessary to gain control of an
individual or situation. Officers are authorized to use force consistent with the
Use of Force model.
B. Definition -Use of Force.
Use of force is any contact applied by an officer that significantly restricts or
alters the actions of another and /or compels compliance with the demands or
instructions of the officer. This includes the use of restraint devices such as
handcuffs.
C. An officer shall use no more force than that officer reasonably feels is
necessary in the performance of their official duties. Use of force by an officer
is justified in, but not limited to, the following situations:
1. To protect the officer or others from physical harm.
2. To control an arrestee or a potentially violent person.
3. To restrain or subdue a resistant individual.
4. To bring an unlawful situation safely and
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OPS -03.6
D. Officers shall render appropriate first aid or ensure medical treatment is
provided to any person injured or complaining of pain following the use of
force.
NOTIFICATIONS
A. Any officer whose discharge of a firearm results in a serious injury or death
shall immediately contact his /her supervisor. If this is not practical, the officer
shall contact the on -duty patrol supervisor. The notified supervisor shall then
contact the following individuals:
1. The involved officer's division commander.
a. It shall be the Division Commander's responsibility to notify the Chief
of Police.
b. If the Division Commander cannot be notified, a watch supervisor shall
notify the Chief of Police.
2. The County Attorney of the county in which the incident occurred.
3. The City Attorney.
4. The City Manager.
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5. The Criminal Investigation Commander or his /her designee. O y=
B. The on -duty watch supervisor shall be immediately notified or sione`fi to
the scene of any incident where use of force results in a physical iaj�gry. -n
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REPORTING USE OF FORCE INCIDENTS Q;;�,
F
A. Discharge of Firearms -report required.
Any officer who discharges a firearm for any reason or purpose other than
those exceptions listed in this section, shall make a written report to his /her
immediate supervisor as soon as circumstances permit. This written report
will then be forwarded through the chain of command to the Chief of Police
for review. Exceptions to the requirement of a written report applies to the
following circumstances in which no accident or injury results:
1. The discharge of firearms on firearm ranges or in an area for firearms
practice.
2. Sporting events to include lawful hunting and organized shooting
matches.
B. When, in accordance with applicable law, it becomes necessary for an officer
to discharge a firearm to destroy an animal which presents a danger or is
OPS -03.7
seriously injured or ill, the officer will, prior to discharging the firearm, request
permission to do so from the on -duty supervisor. If such action must be
immediately taken in order to protect the officer's or another person's safety,
the officer need not delay action in order to request this permission. The
Watch Supervisor must be notified, however, immediately after the firearm is
used. A Use of Force report is required.
C. Review Committee
Use of force incidents shall be reviewed by a committee consisting of a
minimum of three sworn personnel. The committee shall consist of a Division
Commander, the Sergeant of Planning and Research and/or Training
Sergeant, and a third person designated by the Division Commander. This
group will, at a minimum, meet every two months to review the Use of Force
reports from the previous two months.
1. The purpose of this committee shall be to review all facts and reports
concerning use of force incidents for: appropriateness of force used, for
any training which may be necessary, and /or any need for policy changes.
This committee will make recommendations on these matters to the Chief
of Police..
All shooting incidents, with the exception of the destruction of animals,
shall be reviewed by a Division Commander and a committee made up of
five members of the department. This committee shall include a
Lieutenant, a Sergeant, and three officers.
2. The purpose of this committee will be to review all facts and reports
concerning shooting incidents (absent destruction of animals, such cases
being reviewed by the Use of Force Review committee) for
appropriateness of force used, for any training recommendations which
are necessary, and /or any need for policy changes. This committee will
make recommendations on these matters to the Chief of Police.
D. Reporting a Use of Force Incident.
1. A Use of Force report with a written narrative regarding any use of force
incident will be included with an incident report. The report(s) shall contain
the following information:
a. Arrestee /suspect information.
b. Incident number(s), date and time of incident, and reporting officer.
c. Description of actual resistance encountered.
d. All required fields completed in Use of Force report.
e. The force used by the officer to overcome the resistance and the
specific weapon or technique used.
f. A description of any alleged or actual injuries to either the 15fjicer or
suspect. C-) L
g. Pictures taken of �ajny injuries to either the officer or suspect _ 71
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OPS -03.8
2. When the only use of force is the application of handcuffs, double locked,
no use of force report is necessary. The application of handcuffs, double
locked will be documented on a written complaint or citation or in the body
of an incident report.
3. All reports concerning use of force shall be forwarded through the chain of
command to the Division Commander for review.
E. At a minimum, the Chief of Police and /or designee will review all reports and
incidents of force annually. A review of reports and incidents of force could
reveal patterns or trends that indicate training needs and /or policy
modifications.
INVESTIGATION OF USE OF FORCE RESULTING IN DEATH OR SERIOUS
INJURY
A. When any member of the police department is involved in an incident
resulting in death or serious injury, a thorough and objective investigation of
facts and circumstances will be initiated as soon as practical by the Chief of
Police's designees and completed as soon as practical.
B. The Chief of Police or his /her designee shall decide whether the DCI and /or
any other outside agency shall be called to assist in the investigation.
C. If an incident resulting in death or serious injury which involves a sworn Iowa
City police officer occurs in another police jurisdiction, the officer shall
cooperate with that jurisdiction, as set forth in Iowa City Police Department
directives.
D. The on -duty watch commander /supervisor shall ensure that appropriate case
reports are initiated and that potential evidence is preserved.
E. The officer(s) involved in the death or serious injury may be relieved of field
duty without the loss of pay or benefits, pending the results of the
departmental investigation. Other officers involved in the incident also may
be relieved of field duty without loss of pay or benefits at the discretion of the
Chief of Police, while the investigation is pending:
1. The officer shall be available at all times for official interviews and
statements regarding the case, and shall be subject to recall to duty at
any time. The officer must receive permission from the Chief of Police,,-pr
the Chief's representative, prior to leaving the metropolitan aro. If sh
permission is given, the officer shall supply phone numberN_cbf their
location and duration of their absence. F -n
—
2. The officer will not discuss the case with anyone except the prosecuting "i I
attorney and /or persons designated by the Chief of Polio -,qjr Air h
designee. This does not prohibit the officer from discussions - 4 h their
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OPS -03.9
attorney. The officer will attend post- traumatic stress counseling at the
discretion of the Chief of Police.
3. At the discretion of the Chief of Police, the officer may be returned to duty
upon departmental receipt of a letter from the counselor or mental health
professional indicating the officer's fitness for duty.
F. The investigation and administrative leave policy outlined herein is not
intended to imply or indicate the officer has acted improperly, but is designed
to safeguard the officer and the Department.
G. The Chief of Police may appoint one or more individuals to condµgt a
separate yet parallel (administrative) investigation into a use of face indent
to ensure all personnel followed departmental policies and guider
USE OF FORCE MODEL
q
A. Police officers are given the unique right to use force, even dforce, 0
against others for legitimate law enforcement purposes. The right ti foRe
carries with it an obligation to use that force in a responsible manor. Poke
agencies have an obligation to provide their employees with the policies,
training, and tools necessary to accomplish their mission. Selection of a use
of force response from the options articulated in this model will be based on:
the skills, knowledge, and ability of the officer; the perceived threat and
amount of resistance offered by a subject; and consideration of the situational
framework. A defined Use of Force model will enhance the department's
ability to manage the use of force and will benefit the officer by providing
guidance, resources, and options.
B. Officers of the Iowa City Police Department shall follow the principles of the
Use of Force model. The model describes an escalation of force, which is
based on a reasonable officer's perception of threat or resistance. As a
subject's resistance escalates, more force options become available to the
officer. When resistance stops, the officer must de- escalate, but only after
control (e.g. handcuffing) is accomplished. Officers of the Iowa City Police
Department must generally employ the tools, tactics, and timing of force
utilization consistent with the Model's proscription and training protocols. Due
to the fact that officer /citizen confrontations occur in environments that are
potentially unpredictable, "tense, uncertain, and rapidly evolving" (Graham v.
Connor, 109 S.Ct. 1865, 1872. (1989) the officer may utilize tools, tactics,
and timing outside the parameters of the Model. However, these applications
of force must meet the same test of reasonableness as those which have
been previously identified and approved by the Department.
C. Reasonable officer's perception /Reasonable officer's response (see attached
matrix)
OPS -03.10
R. J. V nkelhake, Chief of Police
WARNING
This directive is for departmental use only and does not apply in any criminal or
proceeding. The department policy should not be construed as a creation of hi
legal standard of safety or care in an evidentiary ' sense with respect to third -1
claims. Violations of this directive will only form the basis for departmi
administrative sanctions.
O C
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D —
—
1 -- - - - - --
LEVEL ONE
Perception - Subject is compliant
OPS -03.11
Response - Cooperative controls (includes: mental preparation, spatial positioning,
communications skills, handcuffing positions and techniques, searching techniques,
arrest and transport controls)
COOPERATIVE
•
'•
USE OF FORCE MODEL - FUNCTIONAL PROFILE
COMPLIANT LEVEL 1
COOPERATIVE CONTROLS
MENTAL PREPARATION
>
>
>
PERCEPTION SKILLS
RISK ASSESSMENT
SURVIVAL ORIENTATION
SPATIAL POSITIONING
>
>
>
OFFICER STANCE
BODY LANGUAGE
RELATIVE POSITIONING
COMMUNICATION SKILLS
>
>
VERBAL
NON - VERBAL
HANDCUFFING POSITIONS
>
>
>
>
WALL
STANDING
PRONE
KNEELING
HANDCUFFING TECHNIQUE
>
CONTROLLED
SEARCHING TECHNIQUES
>
>
>
>
WALL
STANDING
PRONE
KNEELING
SPECIALIZED TECHNIQUES
>
>
>
OPPOSITE SEX
FRISK N
STRIP Q r
ARREST TECHNIQUES
>
>
SINGLE OFFICER! x_
MULTIPLE OFFICER$?
ESCORT CONTROLS
>
>
SINGLE OFFICER `7 -
MULTIPLE OFFICERO=
TRANSPORT CONTROLS
>
>
SINGLE OFFICER r
MULTIPLE OFFICERS
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OPS -03.12
LEVEL TWO
Perception - Subject is passively resistant
Response- Contact controls (includes: contact controls, conflict management
techniques, mass formation arrest techniques (multiple officer lifts, stretchers,
wheelchairs etc.)
USE OF FORCE MODEL - FUNCIONAL PROFILE
RESISTANT PASSIVE LEVEL II CONTACT CONTROLS
ENFORCEMENT ELECTIVES I
CONFLICT MANAGEMENT TECHNIQUES > SINGLE SUBJECT
> MULTIPLE SUBJECTS
> ARM
CONTACT CONTROLS > WRIST
> HAND
ARREST TECHNIQUES > MASS FORMATION > ESCORT TECHNIQUES
> TRANSPORT TECHNIQUES
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OPS -03.13
LEVEL THREE
Perception- Subject is actively resistant
Response - Compliance techniques (includes: neuro- muscular controls, joint
manipulation, nerve compression, chemical irritants, e.g. OC spray, controlled stopping
devices for fleeing vehicle incidents)
COMPLIANCE TECHNIQUES
USE OF FORCE MODEL - FUNCTIONAL PROFILE
RESISTANT Active LEVEL III COMPLIANCE TECHNIQUES
ENFORCEMENT ELECTIVES: I & II
> NERVE COMPRESSION TECHNIQUES
COMPLIANCE CONTROLS > CHEMICAL IRRITANTS, CROWD
CONTROL CHEMICAL MUNITIONS
> CONTROL TACTICS
> HEAD
NERVE COMPRESSION TECHNIQUES: > NECK
NEURO - MUSCULAR CONTROLS > ARM
> LEG
CONTROL TACTICS > WRIST ROTATION
> ELBOW LEVERAGE
OTHER WEAPONS
CANINE CONTROL / APPREHENSION
TECHNIQUES
BICYCLE > TAKE DOWN TECHNIQUES
VEHICLE PURSUIT TACTICS > COMMUNICATIONS /ASSESSMENT SKILLS
> PACING/TRAILING TECHNIQUES
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71
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OPS -03.14
LEVEL FOUR
Perception - Subject is assaultive and likely to cause bodily injury
Response- Defensive tactics (includes: personal weapon defense, e.g. hands, knees,
feet, active countermeasures, etc.; impact weapons, e.g. ASP, weapon retention
techniques)
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USE OF FORCE MODEL - FUNCTIONAL PROFILE
ASSAULTIVE (Bodily Harm LEVEL IV
DEFENSIVE TACTICS
ENFORCEMENT ELECTIVES:
I, II, III
>
>
PERSONAL WEAPON DEFENSES >
>
>
HEAD
HANDS
ELBOWS
FEET
KNEES
IMPACT WEAPONS ASP >
STRIKES
>
LESS LETHAL WEAPONS >
>
IMPACT PROJECTILES
CANINE OPERATIONS
OTHER OPTIONS
WEAPON RETENTION TECHNIQUES (Less Lethal) >
>
>
FRONT
REAR
SIDE
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OPS -03.15
LEVEL FIVE
Perception - Subject is assaultive and likely to cause SERIOUS bodily injury or death
Response- Deadly force (includes: weapon /weapons attack defense, lethal force
utilization with service /supplemental weapons, forcible stopping techniques for assault
with vehicle incidents)
USE OF FORCE MODEL - FUNCTIONAL PROFILE
ASSAULTIVE LEVEL V DEADLY FORCE
Serious Bodily Harm /Death
ENFORCEMENT ELECTIVES; I, II, III & IV
> WEAPON
ATTACK DEFENSE > WEAPONLESS
> WEAPON RETENTION TECHNIQUES
> SERVICE WEAPON
LETHAL FORCE UTILIZATION > SUPPLEMENTAL WEAPON
> OTHER OPTIONS
OTHER OPTIONS: > CONTACT
FORCIBLE STOPPING TECHNIQUES > ROADBLOCK
71
�F
s
VEHICLE
CRASHES
Date of Issue General Order Number
October 6, 1999 99 -09
Effective Date Section Code
October 11, 1999 OPS -13
Reevaluation Date Amends /Cancels
June 2007 06/04
C.A.L.E.A. Reference
61.1.1, 61.2.1 -4, 61.3.1 -3
OPS 13.1
O
INDEX AS: n
Vehicle Crashes Traffic Control =-
Accidents Traffic -� Direction DJ
Accident Investigation Impounds
I. PURPOSE D
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 enforcement by officers.
IL POLICY
It is the policy Of the Iowa `:City Pofide 11nnn Omant to rPnnrt rhnfnr x ichi/In ni�ehn i•
- , u
ments or 6aencies in ident
IV.
OPS 13.2
O
r,
DEFINITIONS , >- s- -n
PROCEDURES Jr;�
-r.
MOTOR VEHICLE CRASHES r
The Iowa City Police Department will respond to all vehicle crashes Aich omr
within the corporate limits of Iowa City. Members of this department will comply
with state reporting requirements. (See Iowa Code 321.266) In incidents that do
not meet the state mandated reporting requirements, officers will respond and
will fill out an "accident report" for submission to Iowa City Police Department
records section. All accidents will be sufficiently investigated to determine the
facts surrounding the accident. In addition to the aforementioned reporting and
investigation guidelines, the following motor vehicle crash investigation
guidelines should be adhered to.
A. Fatality or Serious Injury Crash. A motor vehicle crash resulting in a fatality
or serious injury likely to lead to a fatality will be investigated as thoroughly as
possible. An accident investigator trained through the level of
Reconstructionist will be called to the scene. Whenever possible he /she
should be assisted by an officer trained through the technical level in accident
investigation. When it is necessary to call an off duty investigator to assist a
Reconstructionist, preference may be given to calling another
Reconstructionist if available.
B. In instances where a motor vehicle crash results in an injury, the first
responding officer should consider the severity and nature of the injury in
determining whether to call an accident investigator to the scene. If an
accident investigator is not immediately available the officer should contact a
watch supervisor, who may authorize the call -in of an off duty accident
investigator.
1. When a Technical Accident Investigator or an Accident Reconstructionist
is called to the scene, they shall complete their investigation within 30
days. If the report is not completed within this period, the Watch
Commander shall inform the Commanding Officer of Field Operations of
the fact, along with the reasons why the report has not been completed
and an anticipated date for completion of the report.
C. In any instance that there is a likelihood of city liability, a person trained
through the technical level of accident investigation should be called to the
scene. This includes instances where a city vehicle is involved in an injury
crash, regardless of "fault ". In these instances, a copy of the state accident
report and any technical investigative reports will be forwarded to the
Commander of Field Operations or his /her designee. He /she will forward the
reports to the City Attorney's Office and to other city departments as
requested.
OPS 13.3
D. Hit and Run Crashes. Hit and run crashes will be investigated to the extent
possible. Upon arrival at the scene the responding officer should broadcast
any suspect vehicle or driver information as soon as possible.
E. Crashes involving intoxicated, impaired, drugged or ". 02" drivers should be
investigated according to applicable departmental procedures. The
involvement of alcohol or drugs should be handled according to specific
departmental policies /procedures pertaining to OWI. In instances where the
consumption of alcohol or drugs is suspected and serious injury or fatality
results, the officer should notify a watch supervisor. The supervisor or officer
may contact the on -call county attorney for advice on how to proceed.
F. In incidents in which a commercial carrier carrying hazardous materials is
involved in a motor vehicle crash, officers will comply with departmental
guidelines relating to commercial carriers. If the crash results in a breach of a
container or a discharge from a container, the officer shall immediately notify
communications who should then notify a watch supervisor. If possible, the
officer will evacuate the immediate area around the vehicle until the Iowa City
Fire Department responds. The Iowa City Fire Department will be notified and
will make the determination if the Johnson County HAZMAT team will be
requested to respond to the scene. The Iowa City Fire Department or, if
applicable, the Johnson County HAZMAT team, will have primary
responsibility pertaining to any discharge of hazardous materials from a
vehicle involved in a motor vehicle crash. The responding Fire or HAZMAT
supervisor will determine the extent of any evacuation. Officers should
attempt to ensure that the hazardous material reporting requirements in the
Code of Iowa are complied with. An officer trained through the technical level
of accident investigation should be called to the scene in which there is a
discharge of hazardous materials from a commercial carrier. (In incidents
involving hazardous materials, SAFETY is the paramount consideration.)
G. In incidents where the persons involved in a motor vehicle crash become
engaged in a dispute, officers should expedite their response to the scene.
Upon arrival the officer(s) should take charge of the scene and separate the
confronting parties.
H. If a motor vehicle crash results in major congestion, the first responding
officer should request additional units as available to assist in traffic control.
In instances where there are no injuries and the resulting congestion posses
a hazard to the motoring public, the officer may consider moving invoWed
vehicle(s). If this is not practical or possible the officers) rr�y �le(W to
establish a safe traffic pattern and wait for additional units prior=�aanitig
any investigation or report related to the crash. c _
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OPS 13.4
I. In instances where damage to a vehicle is such that the vehicle is inoperable
or unsafe to operate, the officer should ensure the vehicle is either in position
where it will not impede or obstruct the safe flow of traffic or see that the
vehicle is removed from the scene. When an operator elects to have their
vehicle towed, the officer should try to honor their choice in towing services
provided the service can respond in a reasonable amount of time. In
instances where the operator is unable to remain at the scene the officer may
contact the towing service requested by the operator, or if they signify no
preference, contact the service which currently is under contract with the city.
Removal of a vehicle from an accident scene, in and of itself, does not
constitute an impound of the vehicle.
J. In instances where the operator is unable to indicate a preference for the
disposition of their vehicle and property and there is no one present to act on
behalf of the operator, the officer should ensure the property belonging to the
crash victim is protected. If there are items of value in the vehicle, the officer
may take control of the property for safekeeping. If an officer takes control of
the property of an accident victim, it shall be documented on a property form
and submitted to the departmental property custodian.
K. In instances where an accident investigator requests a vehicle be impounded,
the department member handling the tow will follow departmental guidelines
pertaining to impounds. There should be a hold placed on the vehicle under
the investigating officer's name. No property should be released from the
interior of the vehicle without the authorization of the investigating officer. In
instances where a person requests personal belongings from the interior of a
"held" vehicle, and the investigator is unable to be reached, a supervisor may
elect to approve the release of certain personal property from the vehicle. In
these instances, the supervisor approving the release will accompany the
person to the impound facility and will deliver the requested item(s) to the
person. At no time should the person be allowed to have physical contact
with the vehicle. The authorizing supervisor will initiate a report detailing the
circumstances surrounding the release.
L. Watch supervisors have the authority to suspend accident investigations
involving only property damage during emergency situations. These may
include, but are not limited to, snow or ice emergencies when the number of
accidents is such that it is not possible to respond to each location, or an
emergency operation in which the majority of the available officers are
engaged in an emergency type situation. In these types of incidents, the
caller should be advised that there is not currently personnel available to
respond and be requested to contact the department in person or on the
phone sometime after the start of the following watch. The communications
person receiving the call should obtain all available information fo�qntry irlAhe
CAD system. =
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OPS 13.5
M. The Iowa City Police Department will use the expertise of the City of Iowa City
Traffic Engineering office to analyze data pertaining to motor vehicle crashes
within the city. Using the analysis provided by Traffic Engineering the
department will implement traffic enforcement strategies to minimize the
number and severity of motor vehicle crashes. On an annual basis the
supervisor in charge of traffic enforcement will analyze and review the current
traffic enforcement activities and compare it with the data from previous
years.
Officers assigned to a motor vehicle accident will respond promptly and proceed
to the scene as quickly as traffic conditions allow. Response will be guided by
departmental vehicle operations guidelines.
A. During the approach to the scene, officers should be alert for conditions or
factors which may be related to the crash.
B. Upon arrival at the scene, the officer(s) should park in a manner to best
protect the scene and minimize danger to the public.
C. The first responding officer will then attempt to identify situations, which will
require immediate attention or additional assistance such as injuries,
HAZMAT situations, or fire, and should request additional police or rescue
units as appropriate.
D. If injuries are present the initial officer should render immediate care to the
greatest extent possible.
E. Once care of the injured is insured and the scene is protected to the extent
possible the officer should determine if the assistance of an accident
investigator is required or needed. If so, communications should be advised
of the situation and notification made.
F. In cases of injury or death the initial officer should attempt to locate and
identify any potential witnesses. This includes the identification of injured
parties and passengers as well as onlookers.
G. Once the scene is secured and witnesses identified, the first responding
officer should attempt to locate and, if possible, document any evidence. If
assistance is needed for the documentation of evidence the officer may
contact an accident investigator or Crime Scene Technician (CST) depending
on the type of evidence to be documented. All evidence collected shall be
handled according to departmental guidelines on evidence— If 'a is
determined that the scene extends beyond the point initially profd bathe
officer, the expanded scene should be protected to the gr , event -Ti
possible prior to completion of documentation or evidence collection." — —
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OPS 13.6
The first responding officer is responsible for the completion of all required
reports unless relieved of the responsibility by a supervisor. In instances where
an accident investigator(s) responds to the scene, he /she will be responsible for
the technical investigation of the crash and all technical reports relative to the
investigation. In situations where more than one accident investigator is
involved, the officer trained to the highest level will be designated the lead
investigator. If two investigators of equal training are on scene, the person with
greater experience in the field shall be the lead investigator. The lead
investigator may call additional investigators as necessary with the approval of
an on duty watch supervisor. If a commercial vehicle is involved in the crash, the
lead investigator may request the assistance of personnel trained in commercial
vehicle inspections. If assistance is needed in the collection or documentation of
evidence, the lead investigator may call for the assistance of a CST.
In instances where the victims /witnesses have been transported or otherwise left
the scene, the lead investigator may, with the approval of a watch supervisor,
make arrangements to have the parties interviewed and/or statements recorded.
These interviews may be by one of the investigators or another officer assigned
to the task. If the interview is to be conducted by someone other than one of the
accident investigators, the interviewer should be provided a list of issues which
the investigator(s) wish to be covered. In instances where the vehicle is
impounded for investigation, the lead investigator may make arrangements for
inspecting, documenting or otherwise viewing the vehicle at a future time. The
lead investigator may make arrangements to consult with other city departments
i.e. traffic engineering, streets, as needed.
When a member of the Iowa City Police Department receives a complaint or
concern relative to traffic safety or traffic engineering, the receiving member will
document the information to the greatest extent possible. If the question is one,
which requires further investigation or research, the concern /request should be
forwarded to the Traffic Engineering Planner. The Sergeant in charge of
planning and research will forward motor vehicle crash data to the Traffic
Engineering Planner.
TRAFFIC DIRECTION AND CONTROL
The purpose of this section is to establish procedures for traffic direction and
control.
r>
r.>
A. Manual Traffic Direction r
1. Manual traffic direction will be used in situations when there i eilurof n
normal traffic control signals, during emergencies, at accide or n
other traffic control devices are not present or adequate.
2. Effective manual traffic direction is dependent upon the use of�c ear Pd ++ J
easily understood gestures and the high visibility of the persorS ectjgg
traffic. w
3 N
OPS 13.7
3. In order to provide for officer safety and driver recognition and response,
reflective, high visibility vests are provided in patrol vehicle. All personnel
directing traffic should wear the provided vests.
4. Members performing traffic direction and control will ensure that their
presence and purpose are appropriately indicated to drivers and
pedestrians. This may be accomplished by positioning so that they can
clearly be seen by all parties.
5. Officers directing traffic may utilize flashlights, traffic wand, road flares,
and /or traffic cones while manually directing traffic. These will be used in
a manner to enhance visibility.
6. Officers will remain calm and professional whenever directing traffic.
When drivers or pedestrians fail to understand or obey hand signals, the
officer will handle these instances with professionalism.
7. Signals and Commands
8. Manual signals for traffic direction should be consistent with departmental
training.
B. Emergency Traffic Direction
1. Fire Scenes: Members of this department will assist fire operations by:
2. consulting with the fire officer in charge of a scene to determine their
needs;
3. providing protection for the fire scene and for fire rescue equipment
4. setting up perimeter traffic control points to allow for the entrance and exit
of emergency vehicles and personnel authorized to be at the scene;
C. Adverse Road and Weather Conditions
Adverse road and weather conditions may include but are not limited to:
1. accident hazards such as debris, downed power lines, fallen poles,
hazardous material spill /leak;
2. acts of nature such as snow, ice, and flooding
Upon discovering an adverse road or weather condition affecting safe
roadway travel, members of this department are expected to notify
communications and the watch supervisor. A decision will be made as to how
best correct or control the situation. The supervisor may direct that the
appropriate city department be notified of and asked to respond to the
incident.
Members of the Iowa City Police Department will provide traffic direction,
control services and scene protection when the presence of adverse road, -gnd
weather conditions warrant such steps. Direction or control will bednaintaWed
until appropriate steps have been take to alleviate the situation. z c -T1
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OPS 13.8
D. Manual Operation of Traffic Signals
1. Manual operation of traffic control signals may be necessary in the case of
accidents or other emergencies, or to alleviate traffic congestion resulting
from a specific event.
2. In instances of a traffic signal malfunction, the lights may be set on "flash"
mode if this will not cause undue problems, until the appropriate agency or
department can respond to correct the problem.
E. Temporary Traffic Control Device
1. Temporary traffic control devices may be used in either pre - planned
events or to serve as a temporary measure for unusual or emergency
situations. In the event that a temporary traffic control device is used, due
to an emergency situation, contact will be made with the agency or
department who is responsible for the applicable roadway or signal.
Officers should periodically check any temporary traffic control devices in
their area to ensure that they are situated appropriately, or at times of high
traffic volume, require additional traffic control efforts.
2. In instances where a temporary traffic control device will be in place for an
extended duration, the commander of the day watch will make contact
with the appropriate department or agency; of the location, nature and
reason for the temporary device; and will request they review the nature
and placement of the device for appropriateness.
3. When temporary traffic control devices have been placed by a private
contractor or a entity of the City, due to construction, it shall be the
responsibility of the placing entity to erect, place and maintain all such
devices. Officers should periodically check construction sites in their area
to determine the integrity and effectiveness of the device. If a device is
not in place, not functioning, not visible or otherwise creates a hazard for
the motoring public, the placing entity should be contacted to correct the
situation.
MOTORIST ASSISTS
A. Disabled vehicles on the roadway present a hazard both to the stranded
motorist and to other roadway users. For this reason, officers will offer
reasonable assistance when possible to motorists who appear to be in need
of assistance.
B. Stranded motorists should not be left unattended when they appear to be
exposed to hazardous situations. Due consideration shall be afforded
stranded motorists for factors that contribute to hazardous conditions such as;
location, time of day, weather, and current priority of calls for service. When
circumstances preclude an officer from remaining with the motorist, steps
should be taken to enhance the visibility of the vehicle and to warn oncomjng
drivers of the hazard.
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OPS 13.9
C. Officers should freely and courteously provide information and directions
when asked, and shall attempt to remain familiar with various services and
facilities available to help motorist. Le., 24 hour services.
D. Officers may, with supervisory approval, transport stranded motorists to the
nearest convenient location where assistance may be obtained.
E. When hazardous weather conditions exist, communications may be directed
to disseminate road hazard, travel and road closing information within the city,
or refer citizens to the roadway condition number where such information may
be obtained.
F. In the event that the operator of a disabled vehicle is unable to obtain their
own towing service, or have no preference, the officer may request
communications contact an available towing company.
G. If emergency medical or fire assistance is needed, the officer will notify
communications of the nature of the emergency and request the services the
officer feels are necessary.
H. A member of this department should not physically push or repair stalled
vehicles, jump -start, or change a tire on any vehicle not owned by the City,
except in emergency situations.
When an officer comes across a roadway hazard the officer should take steps
alleviate or minimize the potential hazard. The officer should notify
communications of the nature and location of the hazard and request that
communications contact the appropriate agency or department to correct the
situation. If the hazard is discovered after "regular" business hours, the
communications should forward the request for service to the appropriate
department the next business day. In instances where the hazard is such that
some type of traffic control device is needed control the hazard, the officer may
arrange to pickup the needed device him/herself or contact the Streets
Department to respond with the necessary devices. In instances where the
hazard is such that immediate repair is required, the officer should request
communications page the appropriate department, advise them of the location
and nature of the hazard and request they respond to the scene.
VEHICLE IMPOUNDS
Members of this department may encounter a variety of circumstances requiring
the impound of a motor vehicle. These actions are to be guided by state code
and /or city ordinance.
M1J
When the operator of a motor vehicle is arrested the following guidOnes sl�uld
be adhered to. DQ
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OPS 13.10
A. Vehicles requiring identification processing or use in follow -up investigations
should be impounded. The officer should request the towing company place
the vehicle in a secured facility.
B. If the operator of the vehicle is the owner, leaseholder, or immediate family
member of the owner /lease holder, the vehicle may be released to an eligible
driver on the scene, with the permission of the operator.
C. If there is not an eligible driver available, the officer may impound the vehicle.
In instances where the vehicle is impounded pursuant to an arrest, the
department member impounding the vehicle will complete an Iowa City Police
Impound Report. When appropriate, the keys should be placed in the
possession of the operator of the vehicle. The arresting officer may search
the vehicle incident to arrest. The impounding member may inventory the
vehicle. In all instances, the impounding party shall note items of value.
D. If there is not an eligible driver available, the officer, with the permission of the
operator may elect to park the vehicle in an appropriate location. If the
vehicle is parked, the location should be noted and the vehicle operator
advised of the location. If there are items of value or weapons in the vehicle,
the officer should consider taking these items into his /her possession. In
these instances, a property form shall be completed and the items submitted
to the property custodian.
E. In instances where a driver is taken into custody for an .02 investigation, the
preferred action is to park the vehicle. When the situation is such that this is
not practical, the officer may impound the vehicle.
F. Upon recovering a stolen vehicle, the officer should request communications
contact the originating agency. To the greatest extent possible the recovering
officer should honor the requests of the originating agency. In instances
where the originating agency is not able to respond within a reasonable
amount of time, or at their request, the officer may impound the vehicle. If the
Iowa City Police Department is the originating agency the vehicle may be held
for processing. If a decision is made not to process the vehicle, or upon
completion of the processing, the officer should contact the reporting party
reference the recovery of the vehicle. The status of any keys, valuables, and
vehicle condition should be provided if known. If the vehicle is legally parked
and the victim wishes the vehicle left at the present location, the officer may
leave the vehicle where parked. If the victim cannot be contacted or the
vehicle is parked in an illegal or hazardous manner or the victim is unaw to
respond in a reasonable amount of time the officer should toundohe
vehicle. c
When a vehicle is parked or left in such a manner as to create a hard, 66 is l�
otherwise abandoned, members of this department may impound 14e= vehicle
F -�-
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OPS 13.11
pursuant to chapter 321.89 of the Code of Iowa. In these instances, the officer
shall complete an Iowa City Police Impound Report
When a member of this department is requested to impound a motor vehicle from
private property, the impounding officer shall complete an Iowa City Police
Impound Report. The person in control of the private property must sign the
authorization form on the impound report prior to the impound of the vehicle. If
the officer is unsure as to the authority of the party requesting the tow, the officer
should request written documentation from the person. Officers should not
unlock a vehicle to inventory the contents when impounded from "private
property".
When vehicles are impounded by a member of this department, the impounding
officer shall complete an Iowa City Police Impound Report This report should be
turned into communications as time permits, but no later than the end of the
watch. The records pertaining to vehicle impounds will be kept in their original
form for a period of three years. The computer entry of these records will be kept
for a period of at least five years. The auction of unclaimed vehicles will comply
with all applicable laws and requirements.
When a person requests the release of an impounded vehicle, the person
handling the request should ask for identification from the person making the
request. A vehicle may be released to an owner, leaseholder, or member listed
on the registration. If the person requesting the release of the vehicle is other
than those listed above, a watch supervisor should be called to make the
determination as to the release of the vehicle.
R. JY W inkelhake, 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
fegal' standard of safety or care in an evidentlary sense with respect to third - party
claims. Violations of this directive will only form the 'basis for departmental'
administrative sanctions.
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OPS -15.1
LESS LETHAL
IMPACT
MUNITIONS
Date of Issue General Order Number
MAY 12, 2000 00 -03
Effective Date Section Code
MAY 19, 2000 OPS -15
Reevaluation Date I Amends/ Cancels
MAY 2005 06/04 1 NEW
C.A.L.E.A. Reference
1.3.4
_N
INDEX AS: n
Use of Force Use of Force Matrix ; —I I
Less Lethal
=4C CO
I. PURPOSE
The purpose of this order is to identify the conditions under which officers rtDiay de *y
and use less lethal impact munitions.
1111. POLICY
The Iowa City Police Department places the highest of value on human life. The
department is authorized and trained in the use and deployment of less lethal
munitions. Less lethal munitions is a concept of planning and force application, which
meets operational objectives, with less potential for causing death or serious physical
injury than conventional police tactics /equipment.
OPS -15.2
III. DEFINITIONS
A. Iowa Code, Chapter 704.2 defines less lethal munitions as: "projectiles which
are designed to stun, temporarily incapacitate, or cause temporary discomfort
to a person without penetrating the person's body."
B. Kinetic Energy Impact Projectiles - Flexible or non - flexible projectiles (E.g.
"beanbags "), which are intended to incapacitate a subject with minimal
potential for causing death or serious physical injury, when comparQd to
"conventional" rounds. � t
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IV. PROCEDURES FOR USE ?{
Less Lethal Extended Range Impact Weapons
J
EVALUATION OF LESS LETHAL PROJECTILES FOR USE
Kinetic energy impact projectiles will be evaluated for use on the following
criteria:
A. Accuracy
1. This is the primary consideration, since proper shot placement greatly
assists in controlling the other two evaluation criteria.
2. This will be evaluated based on the anticipated ranges of deployment.
3. The minimal standard of accuracy of such a round is:
a. 12 - inch group at 15 yards for the 12 -gauge system. The group shall
consist of 3 rounds.
B. Effectiveness
1. This is the potential for the round to cause incapacitation and reduce the
subject's ability to continue their inappropriate behavior.
2. The level of energy necessary to cause incapacitation creates the
potential for injury, but when properly deployed, use should result in a low
probability for causing serious physical injury or death.
C. Potential for causing death or serious physical injury
1. The potential for causing death or serious physical injury with such
projectiles is a reality. This potential is greatly reduced when impacts to
the head, neck and chest are avoided, and when appropriate medical
examination is provided in cases where the subject is struck in an area
that might conceal a closed injury. (including such areas as the chest,
back, thoracic and abdominal cavities and groin)
2. When engaging a subject, the officer shall evaluate the effectiveness of
each round after each shot. Compliance and/or incapacitation are the
desired goal, and alternative target areas /response should be considered
when rounds are not effective. Alternative target area/response
considerations will be based on the circumstances the officer is
encountering.
OPS -15.3
TARGET AREAS
A. Less Lethal projectiles shall be delivered to suspect target areas based on
the circumstances of the situation and the level of force authorized. The
deployment of less lethal projectiles shall be in conformance with
departmental training guidelines pertaining to recommended target areas.
B. Head /Neck and Chest - Intentional impacts to these areas should be avoided
unless the use of deadly force is justified, necessary and appropriate.
USE OF FORCE CONTINUUM
The Iowa City Police Department recognizes five levels of force. The use of less
lethal impact projectiles are considered a level IV response (subject is
assaultive), when deployed to areas of the subject's body that are considered
unlikely to cause serious physical injury. In addition, less lethal projectiles may
be used when a person is threatening death or serious injury to themselves. The
use of these projectiles is recognized as a level V, Deadly Force, if intentionally
deployed or directed at the head or neck.
When assessing the appropriate use of force level, prior to the transition to less
lethal projectiles, the officer shall consider in addition to other factors:
A. The level of force being confronted.
B. The proximity /access of the subject to the officer or others.
DEPLOYMENT TECHNIQUES
Weapons used for the deployment of less lethal munitions shall be dedicated to
that purpose. These weapons shall be clearly marked. The use of other than
less lethal rounds in these weapons is prohibited unless necessary to protect the
life of the public or officer.
When deploying less lethal munitions, the following procedures should be
adhered to:
A. Less lethal munitions should not be used at a distance of less than 15 ft (5
yards) from the target. With this in mind, the greater the distance, the less
the accuracy.
B. When practical, other officers involved in an incident in which less lethal
munitions are deployed should be advised of the deployment prior to the
discharge of the weapon.
OPS -15.4
C. During the deployment of less lethal munitions, the officer in charge of the
incident should constantly evaluate the option selected against changing
circumstances.
D. When practical, multiple tactics should be used to overwhelm the suspect.
I.e. less lethal may be used in conjunction with a distraction device or
chemical agent.
E. A weapon loaded with less lethal munitions shall be treated with the same
care and caution as weapons loaded with 'lethal' munitions.
F. Less lethal projectiles should not be employed without a cover officer with
lethal munitions being assigned as an escort. If it is believed the subject is
carrying a firearm, less lethal shall not be deployed without the use of a cover
officer with lethal munitions.
Officers shall only deploy those less lethal munitions which are provided by the
department.
The deployment of less lethal munitions shall only be performed by those officers
trained and showing proficiency in their deployment.
HANDLING OF INJURED SUBJECTS
Suspects who are struck by less lethal projectiles shall be secured and
transported to a medical facility for examination and treatment.
If a projectile strikes a bystander, medical personnel shall be summoned to the
scene, and the subject shall be encouraged to seek examination at a medical
facility.
REPORTING AND INVESTIGATION
Officers shall complete a departmental Use of Force Report, in addition to any
other applicable reporting requirements, after deploying less lethal projectiles.
This includes those situations where the weapon is removed from the vehicle
and not discharged.
An investigation shall be conducted into any situation involving the fig of aNss
lethal projectile at a suspect. The investigation shall comply with c_attm�otal
reporting directives contained in General Order 99 -05, Use of Force. ` _ TI
1
TRAINING
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Officers shall be provided training in the use and deployment of the d artm(Mtal
less lethal munitions prior to being allowed to deploy the weapons. OTi an a*al
basis, officers will receive refresher training in the use and deployment of less
lethal munitions.
OPS -15.5
y�T- 7��,tll�hS
R. Y Winkelhake, Chief of Police
This directive is for departmental use only and does not apply in any criminal or
proceeding. The department policy should not be construed as a creation of a hil
legal standard of safety or care in an evidentiary with respect to third -,r
claims. Violations of this directive will only form the basis for departmE
administrative sanctions.
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LEG 04.1
SEARCH AND
SEIZURE
Date of Issue General Order Number
January 10, 2000 00 -01
Effective Date Section Code
January 20, 2000 LEG -04
Reevaluation Date I Amends/ Cancels
January 2005 06104
C.A.L.E.A. Reference
1.2.4
INDEX AS:
4
Search Arrests J,
Seizure Stop and Frisk
Warrants
—
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7.1
1. PURPOSE J�
The purpose of this order is to provide members of the Iowa City Police D`
Department with guidelines and background pertaining to search and seizure.
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II. POLICY
It is the policy of this department to conduct searches that are both legal and
thorough. Such searches are to be conducted in strict observance of the
Constitutional Rights of the persons being searched and with due regard for the
safety of the officers involved. All seizures shall comply with all relevant state
and federal statues governing the seizure of persons or property.
LEG 04.2
III. DEFINITIONS
A. Constitution of the United States of America:
Amendment 4
The right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be violated,
and no Warrants shall issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be searched, and the
person or things to be seized.
B. Constitution of the State of Iowa:
Article I. Bill of Rights
Section 8. The right of the people to be secure in their persons, houses,
papers and effects, against unreasonable searches and seizures shall not be
violated; and no warrant shall issue, but on probable cause, supported Jay
oath or affirmation, and particularly describing the place to be seargied, ai
the persons and things to be seized.
7C
IV. PROCEDURES
Search and Seizure Without a Warrant sj
The Iowa City Police Department recognizes that 'citizens have the rig it to bV
free of unreasonable search and seizure" as afforded by the Constitution of the
United States. This Department will strive to ensure that all searches and
seizures meet current legal requirements. In recognition of this, the following
guidelines are to be considered when making a determination to search without a
warrant.
A. Consent to Search:
1. Persons or property may be searched upon the consent of the person,
owner or person in control of the property or item to be searched. The
person giving consent must do so voluntarily. The officer is obligated to
abide by any constraints placed on the search by the person.
B. Exigent Circumstances:
1. An officer may search without a warrant when the public safety is
endangered or obtaining consent or a warrant is impractical
C. Moveable vehicles which may contain evidence that may be removed or
destroyed without a timely search being made:
1. A vehicle may be searched if an officer reasonably believes that it may
contain evidence of a crime, which may be destroyed or moved, and it is
impractical to obtain a warrant.
LEG 04.3
D. Stop and Frisk:
1. An individual may be frisked for weapons if an officer has an articulable
concern for his /her safety.
E. Inventory Searches of Impounded Vehicles:
1. Inventory searches of impounded or seized vehicles may be conducted for
the purpose of documenting property contained in the vehicle. An
inventory search should not be used when the primary reason is to obtain
evidence. (see impound policy)
F. Search Incident to Arrest:
1. When an arrest is made, the officer will conduct a search of the arrested
person and the area in the immediate control of the arrested person for the
purpose of ensuring the officers' safety, preventing the person from escaping,
discovering the fruits of the crime, or discovering instruments or articles
which may have been used in the commission of a crime or constitute
evidence of an offense. This search must be contemporaneous in place
and time.
G. Plain View:
1. Officers may visually search items or property that are in plain view,
provided that the officer has the right to be in the position from which the
view was made.
H. Crime Scene Search:
1. Depending on the location of a crime scene, consent or a warrant may be
required prior to a search. (i.e. public v. private property)
I. Officers may search persons on premises during the execution of a search
warrant in order to protect their safety, prevent disposal or concealment of
property subject to the warrant or to remove any items that could be used to
effect an escape or resist arrest.
J. Officers may conduct warrantless searches in other situations under
applicable case law. (See training documentation)
Search and Seizure Pursuant to Warrant
When an officer has probable cause to believe that a crime has been
committed on the premises to be searched, or that evidence of a crime could
be located there and a warrantless search is not appropriate, officers shall
obtain a search warrant prior to entry and search in accordance with
applicable state law and procedures. (See training documentation.)
If it is unclear if a situation falls into one of the above categories and an officer
believes that there is need to search a person, location or item; the officer should
LEG 04.4
consult with an on -duty watch supervisor. If a determination is not reached, the
on -call County Attorney shall be called for advice on how to proceed.
R. J. � (h
inks
ake, 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
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 adminis, rat!•ve partctIons.
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PER – 03.1
PERFORMANCE
EVALUATIONS
Date of Issue General Order Number
March 13, 2001 101-03
Effective Date Section Code
March 19, 2001 PER - 03
Reevaluation Date Amends /Cancels
March 2007 05/04 NEW
C.A.L.E.A. Reference
35.1.1 - 35.1.14
INDEX AS:
r_-
Employee Evaluations
1 >> n
Evaluations
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Performance Evaluations
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I. PURPOSE
The purpose of this order is to identify and set out the performance evaluation guidednes
of the Iowa City Police Department and its employees.
II POLICY
It is the policy of the loWa City Police` Depsrtrrler t to t�stal� ish hnrt rrlalnfaih a system tot'
employee evaluatioh's the v�lutiii� system is a dIV#iipif 6 4t tool ,util� od to, prcvidp`
iitforttitiori to errmployeostii fhbir pliorrtthssigf in etotj hl sfecliori §,.ticf 3tilptoVe ".
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PER — 03.2
PROCEDURES
A. PERFORMANCE EVALUATION SYSTEMS
1. Evaluation interviews shall be conducted by supervisors a minimum of once
each year.
2. Supervisors shall utilize the Performance Evaluation Form approved by the
Human Resources Department of the City of Iowa City. These forms will be
forwarded to the rated employee's supervisor prior to the date of the annual
evaluation. The form does not utilize a numerical scoring system, instead
progressive behavioral descriptions for each dimension are presented. The
supervisor selects the most accurate description.
a. Supervisors shall receive training in performance appraisal.
b. In completing the Performance Evaluation Form, supervisors shall comply
with the instructions relating to the form.
c. The designated Performance Evaluation form is only a tool used in
performing the evaluation function. It should not interfere with the
process. If additional information pertinent to employee performance is
warranted, the rating supervisor will attach a descriptive memorandum to
the Performance Evaluation Form.
d. In the field designated "Rating Date" the rating supervisor shall write in
the date beginning the rating period and the last date of the rating period,
generally denoting one year. (i.e. 1/6/00 - 1/5/01)
3. The form will be completed in legible form by the employee's supervisor,
indicating the appropriate trait level exhibited by the employee during the
evaluation period. Examples of the traits to be evaluated are as follows:
a. Work Quality
b. Productivity
c. Planning /Organization �a
d. Decision Making/Problem Solving
e. Internal/External Customer Service Relations C=
f. Innovation
g. Oral Communication Skills co
h. Written Communication Skills ( —` i-1
i. Safety Awareness (non- supervisory)
j. Attendance O
k. Equipment and Tool Utilization D ca
I. Supervisory Skills (if employee is performing in a supervisory capacity or
has during the rating period)
1) Supervisory Ability
2) Leadership
3) Safety Awareness
4) Productivity of Unit
5) Development/Empowerment of Staff
6) Rating Subordinates' Performance
a. Supervisors shall be rated in part based on their ability to
effectively evaluate employees assigned them. The ability to
fairly, impartially, accurately, and completely evaluate the
performance of staff is a fundamental supervisory skill and
demands daily preparation.
PER - 03.3
b. Supervisors shall insure that ratings are applied uniformly to other
employees performing the same functions.
c. Supervisors shall only evaluate an employee against those
dimensions pertinent to their specific job requirements
4. The narrative report accompanying the form shall also be completed. It shall
contain an evaluation of other behavior /skill traits or tasks evaluated by the
supervisors, which are not indicated on the form. These additional ratings
shall be specifically related to the assignment of the employee.
5. Any rated area where performance is categorized as outstanding or
unsatisfactory shall be supported by the narrative comments. To this end,
supervisors shall maintain documentation on each employee under his/her
supervision
a. This documentation, which may be kept in the supervisor's records for
that employee, shall include:
1. The date and time of the incident
2. A brief description of the incident
3. Any resultant award/recognition or disciplinary action
b. Incidents of both positive and negative actions shall be recorded in this
documentation.
6. Performance Resources - Each supervisor shall thoroughly know and
observe employee behavior before an effective performance evaluation can
be conducted. Additional indications of performance shall be gathered from
review of:
a. Attendance records
b. Reports written by the employee
c. Inspection Records
d. Commendations
e. Complaints
f. Training records
g. Personnel file
Other indications of performance may be used (ie: observations from peers)
to complete the evaluation.
7. When an employee's performance is deemed to be unacceptable they shall
be notified of such in written format. This should occur as soon as the
supervisor becomes aware of the problem. When overall performance is
unacceptable, the employee should be notified in writing at least ninety (90)
days prior to the end of the rating period.
8. The evaluator shall be prepared to substantiate ratings at the unsatisfactory
level, to advise the employee of unsatisfactory performance, and to define
actions that should be taken to improve performance. If unsatisfactory
performance continues, this information shall be included in the evaluation
report at the end of the 90 -day period. Flexibility concerning the 90 -day
period is permitted.
B. ERRORS AND PROBLEMS COMMON IN PERFORMANCE EVALUATIONS
The immediate supervisor of the evaluated employee may seek to measure the
wrong qualities or fail to look at each quality separately and independently from
PER — 03.4
others. In evaluating performance, supervisors should be aware of the following
evaluation errors and seek to avoid them.
1. Misidentification - May result from attempting to apply different values to
various components of performance. For example:
a. It is easy to confuse Quality of work with Volume of work when in reality,
each should be considered separately.
b. Improper, inaccurate, or irregular documentation of observed behavior
throughout the evaluation period must be avoided by the immediate
supervisor.
2. Prejudice of the rater - Evaluations must be based on objective observations
and compared, as much as possible, against objective performance
expectations. For example, these questions should be considered:
a. How much of this trait does the employee exhibit? Is it constant or rare?
b. What does Command expect? What level of performance is typical for
the unit or section?
3. Halo Effect - The halo effect is the tendency to allow one highly favorable or
unfavorable trait to color judgement of all other traits. For this reason, each
evaluation shall be limited to observations made only during the specific
rating period.
4. Inadequate Knowledge - The first job of an immediate supervisor is to know
their employees. He /she should learn their needs, career goals, problems,
interests, and other aspects of behavior which make that person an individual
and which may impact upon their performance.
5. Error of Central Tendency - This error is common among raters who feel they
have inadequate information on which to base their evaluation and who seek
to avoid the extremes of the rating scale being used. Instead, the supervisor
tends to keep their evaluation "safe" in the "middle of the road." Such errors
of central tendency are due to a fear on the part of the rater to have to defend
a "high" or "low" rating to their subordinate or to their supervisor who would
review the evaluation report.
6. Leniency - Some supervisors seek to avoid hostilities by over - rating their
employees. Another motive is to attempt to divert attention of supervisors
from what would otherwise be a reflection on the supervisor's ability to direct,
train, and discipline his /her subordinates.
7. Severity - Some supervisors are too severe in the expectation ey h� of
their subordinates. The qualities they seek are much grear(-!han that
expected by Command and are unrealistic, in light of the actual= ?eCuirerff6nts —n
of the job.
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C. THE PERFORMANCE EVALUATION INTERVIEW
The evaluation interview is an extremely important part of the' ejformance
evaluation process. Properly conducted, the interview sets the V for future
development of the employee. The interview must be properly plannec�Oa"' nd
executed by the supervisor, it is a high priority supervisory function, and outside
interruptions should be avoided. Adequate time should be allocated to the
interview to permit intensive, meaningful discussion between the employee and
the supervisor. This interview should never be hastily completed nor "fit in where
fill time is available ".
1. Objectives of the Evaluation Interview - The supervisor shall plan and
execute the interview with the following discussion objectives in mind:
a. Results of the performance evaluation just completed;
PER — 03.5
b. Level of performance expected, rating criteria or establishing objectives
and goals for the new reporting period;
C. Career counseling relative to such topics as advancement, specialization,
or training appropriate for the employee's position; and
d. Voluntary program of continuing education or training for development of
employee skills or knowledge. Does not have to be related to
employment.
2. Setting - The location of the evaluation interview should be in a quiet,
business -like atmosphere. Privacy is extremely important so that the
employee does not feel as if the supervisor is opening the records to
examination by third parties. Though business -like, the setting should
establish a rapport between the supervisor and the employee conducive to
constructive discussion.
3. At the conclusion of the interview the employee will be afforded the
opportunity to sign and date the evaluation form. They will be allowed to
make written comments that shall become a permanent part of the evaluation
report.
a. The employee's signature is not required as an indication of agreement
with the evaluation. The signature indicates the employee was given an
opportunity to both view and discuss their evaluation as prepared by the
evaluator.
1. If an employee refuses to sign the evaluation report, the supervisor
shall write, "refused to sign" on the evaluation form. The supervisor
shall then prepare a narrative report detailing the reasons, if given, the
employee refused to sign.
4. Distribution of forms - At the conclusion of the interview, the evaluator will
distribute the evaluation reports as follows:
a. Copy to the employee
b. Copy to the supervisor's file
c. Copy sent up the chain of command for inclusion in the employees
personnel file
d. The supervisor of the person performing the evaluation should review and
sign the evaluation
5. Grievance of Performance Evaluations - Appeals of performance evaluations
are to be made through the employee's chain of command.
6. Retention of evaluation forms - Copies of the Performance Evaluation shall
be retained in the employee's personnel file located in the office of Chief of
Police throughout the tenure of that employee. The original record shakbe
forwarded to the Human Resources Department of the City of I ®a City "d
retained in that department for a minimum of five (5) years �16wingclhe
termination, resignation, or retirement of the employee. K` fE I
D. PROBATION PERIODS
1. All employees on a probationary status shall be evaluated as d q9_ inea by ` J
Chief of Police, or designee. Probationary periods will be the p ad of time
consistent with departmental policy, city policy and state statute. b G,
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E. SPECIAL PERFORMANCE EVALUATION REPORTS
1. Performance evaluation for entry- level, probationary employees.
a. An in depth evaluation of an employee's job performance during their
probationary period shall be conducted on at least a bi- monthly basis.
PER - 03.6
(Every two months). Probationary officers shall be evaluated in
accordance with departmental Field Training procedures. Such
evaluation should include the following issues and observations:
a) Specific examples of job performance
b) Current level of development
c) Work attitude
d) Quality of work
e) Volume of work
f) Judgement
g) Other appropriate indicators of performance applicable to the position.
R. J. \ inkelhake, Chief of Police
WARNING
This .directive is for departmental use only and does not apply in anycriminal or eiviGproceeding.
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 adininistrative,sanctioes.
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Iowa City Police Department
Standard Operating Guideline
SOG #:
Effective date: c '
01 -16
June 2 2004
Subject.
Reference:
RECORDS MAINTENANCE /
RECORDS, CRIMINAL HISTOR't_,Q,%
SECURITY
PUBLIC INFORMATION 3y
Section:
Issue #:
SUPPORT SERVICES
2
Com nd Si nature:
FA
Purpose:
The purpose of this guide is to identify those procedures taken in conjunction
with the Records function to ensure the security, reliability, integrity, and
timeliness of records and documents in the control of the Iowa City Police
Department. While the security of records is of paramount importance, the
department recognizes that many records are public in nature and will avail to
provide information to requesting parties in as expedient manner as possible.
Definitions:
Procedures:
1. Officers may access central records during normal business hours. When
circumstances dictate the need to access the central record repository at
other than normal business hours, a watch supervisor may grant access.
2. During non - business hours the records room shall be locked. Officers
needing to access documents during these periods shall first access
available information on the departments' in -house computer. If additional
information is needed, the officer shall notify a watch supervisor of the
need. The watch supervisor may grant access to the records section for
the purpose of accessing the specific document. Officers shall not remove
the original documents from the records room without express permission
of a watch supervisor.
3. The release of departmental records shall be done as expeditiously as
possible and shall conform with state requirements pertaining to the
release of public information. The release of departmental records shall
comply with federal and state laws pertaining to the release of information.
`it
L.J
a. The person handling the request for the information will make a
determination if the information requested is public information. If so,
the person shall release the information. If the information is not of a
public nature the person handling the request shall advise the person
that the requested information is not of a public nature and should
advise the person of the statutory reason that the information is
exempted from release. (Le. the information requested is intelligence
information and not subject to release)
b. If the there is a question if the information is public information, the
person handling the release shall advise the person that they will check
with a supervisor to determine if the information may be released. The
supervisor shall determine if the information may be released. If the
information is not released, the person will be advised of the reason.
c. If the supervisor is unable to determine if the information j,$ publk,
information, he /she shall forward the request to the Cit egaL
department on the next business day. The Legal Department aka
—I
the determination as to if the information may be released. �=
_
4. All requests for criminal histories through NCIC shall be referred hem ;��
Iowa Department of Public Safety. Officers shall not release inf4i6onoo
contained in a Computerized Criminal History except to other qrtminal N
justice agencies.
5. The Iowa City Police Department shall abide by State Code requirements
pertaining to the maintenance and release of records involving juveniles.
a. Records pertaining information on juveniles shall have a code affixed
indicating that the record contains information relating to a juvenile.
b. All photographs, fingerprints and other identifying information on
juveniles shall be collected, disseminated, retained and disposed of in
conjunction with applicable state code requirements.
The records section shall maintain the original "hard copy" of all records until the
file is scanned to computer. After the scanning process is complete, hard copies
are destroyed. Authorized personnel of the Police Department shall have access
to view computerized files. Access to computerized files is password protected.
1. Microfilm or electronically preserved records shall be maintained for a
minimum period of 10 years.
2. The Iowa City Police Department will assign arrested persons an individual
computerized file containing information on all arrests. The files shall be
maintained alphanumerically by name and date of birth. Prior to entering
arrest information in the file, records personnel shall compare identifying
numbers, (i.e. SS or DL number) with any identifying or corresponding
numbers in the file.
The Records Supervisor is responsible for the submission of all applicable
information to state and national databases. This includes submission to NIBRS
and UCR system, and state records systems. Submission of records shall be in
accordance with all applicable guidelines and requirements.
On an annual basis a representative from the City of Iowa City technologies
department shall conduct an "audit" of the departments record system for all
passwords and access codes. He /she shall report any errors or access
violations to the system, to the Commander of Administrative Services.
Passwords will be changed on a regularly scheduled basis. On an annual basis,
the Commanding Officer Administrative Services shall cause an audit of all
passwords, access codes etc. to be performed in relation to the central records
system. Any access violations shall be recorded and procedures developed to
minimize the likelihood of the problem reoccurring.
Department personnel are prohibited from downloading or installing software on
to departmental computer. All "outside" software shall be installed by a member
of the City's technology department after being checked for "viruses" or other
problems /conflicts.
All information entered on to the departments in -house computer system shall be
"backed -up" on a daily basis. "Backup" tapes /discs will be secured at an off -site
location.
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OFFICER
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60, 11
IOWA CITY POLICE DEPARTMENT
USE OF FORCE REPORT
April 2004
DATE INC # INCIDENT FORCE USED
04 -01 -04 4 -17248 Injured Animal The officer used his side arm to
04 -02 -04
04 -02 -04
04 -03 -04
60 04 -03 -04
4 -17354
4 -17450
4 -17582
4 -17591
dispatch an injured deer.
Disorderly Conduct The subject was placed under arrest
after the officer observed him striking
construction signs and acting out of
control. After placing one of the
subject's wrists in a handcuff the
subject tensed up and verbally told the
officer that he would not comply.
When the officer attempted to place the
subject's other wrist in a handcuff the
subject physically resisted. The officer
applied active counter measures and
directed the subject to the ground
where he was then handcuffed.
Medical Assist Officers responded to a complaint of a
person lying unconscious on the
sidewalk. While speaking with officers
the subject became verbally aggressive
and attempted to leave by pushing past
the officers. He was told that he was
under arrest and resisted officers'
attempts to handcuff him. He was
directed to the ground where officers
used a hands control technique to place
his hands behind his back. After being
walked to the patrol car he refused to
get in and had to be directed into the
back seat.
Assault an Officer The subject had been arrested and
handcuffed but refused to get into the
back seat of the patrol car. When the
officer attempted to direct the subject
into the backseat the subject started
kicking him. The subject was sprayed
with a chemical agent and removed
from the car. He was then placed in leg
restraints and placed back in the patrol
car.
Fight The subject, who was actively engaged
in a fight, was directed to the ground by
the officer and handcuffed.
OFFICER DATE INC # INCIDENT
FORCE USED
60 04 -03 -04 4 -17599 Fight
The subject was observed punching
another individual. When the officer
grabbed him and told him that he was
under arrest he physically resisted. The
officer directed the subject to the
ground where he was handcuffed.
While walking the subject to the patrol
car the subject became uncooperative
and was again directed to the ground.
The officer held him on the ground
until he calmed down.
2 04 -15 -04 4 -20194 Fight
While escorting a subject off of a city
transit bus for fighting the subject
lunged at the person he'd been fighting
with. The officer grabbed him by his
arm and shoulder, pulled him back and
escorted him off the bus.
31 04 -16 -04 4 -20435 Disorderly Conduct
The officer was assisting another
officer in a foot chase. A civilian saw
the foot chase and grabbed the suspect
by the arm as he ran past and held him
for the officer. The officer grabbed the
suspect, who was still trying to get
away, in a "bear hug" and ordered him
to the ground where he was handcuffed.
13 04 -17 -04 4 -20739 OWI
While being placed in the patrol car to
be taken to jail the suspect attempted to
flee. The suspect was directed to the
ground and then had to be physically
escorted back to the patrol car. He was
transported to the jail without further
incident.
51 04 -17 -04 4 -20740 Shots Fired
Officers responded to a complaint of
shots fired. Upon arrival they observed
a subject toss a handgun out a window.
The officers knocked on the door to the
address where they saw the gun get
tossed from. When the subject
answered the door the officer bad his
sidearm out and pointed it at the
subject. The subject complied with
officer commands to lie on the floor
and was handcuffed. The officer
holstered his sidearm after the suspect
was secured.
13 04 -22 -04 4 -21849 OWI
The subject, who was agitated and
making threats towards the officer, was
at the ICPD for a breath test. At one
OFFICER DATE INC # INCIDENT
FORCE USED
point he got up from his chair and told
the officer that he could make him (the
officer) shoot him. The officer directed
the subject back to his seat, where the
subject complied with all further officer
requests.
9, 11 04 -24 -04 4 -22419 Theft
The subject was placed under arrest for
public intoxication, but actively resisted
officers' attempts to handcuff him. One
officer administered active counter
measures while the other deployed a
chemical agent. The subject then
stopped resisting, was handcuffed and
transported to the jail.
11,58 04 -24 -04 4 -22429 Fight
The officer grabbed the subject's arm
when he attempted to leave while being
interviewed. The subject disregarded
officer commands to stop and was
directed to the ground. The officers'
attempts to place the subject in
handcuffs were unsuccessful and a
chemical agent was deployed. At this
point the subject complied with officer
commands to place his hands behind
his back and he was handcuffed.
85 04 -24 -04 4 -22533 Welfare Check
The officer drew his side arm while
assisting another agency on a welfare
check of a suicidal subject. After
entering the residence and finding the
subject unarmed the officer secured his
weapon in its holster.
51 04 -24 -04 4 -22554 Disturbance
After being placed under arrest the
subject refused to walk to the patrol
car. The officer physically escorted her
to the car. Upon arriving at the jail she
refused to walk into the building. The
officer again had to physically escorted
her into the jail.
60 04 -25 -04 4 -22591 Open Container
After refusing to identify himself to the
officer, the subject was told that he was
under arrest. The subject did not place
his hands behind his back as
commanded and attempted to pull away
from the officer who had grabbed him
by the arm. The officer directed the
subject to the ground where a hands
control technique was used to handcuff
him. The subject was transported to
OFFICER
DATE
INC #
INCIDENT
20
04 -28 -04
4 -23179
Assist Other Agency
FORCE USED
JCSO without further incident.
After the officer advised the subject
that there was a warrant for his arrest
and that he needed to place his hands
behind his back, he elbowed the officer
causing him to fall to the ground. After
a short foot chase the subject was
directed to the ground where he
continued to resist and refused to show
the officer his hands. When the officer
deployed a chemical agent it had little
or no effect on the subject. The officer
then used active counter measures
which caused the subject to reveal he
was holding a bag of heroin in one
hand and a bag of cocaine in the other.
Because the subject continued to
actively resist, the officer again
administered active counter measures
before the subject complied and placed
his hands behind his back as ordered.
51 04 -30 -04 4 -23431 Suspicious Vehicle Officers received a report of a reckless
driver, who also had a gun in the
vehicle. The officer conducted a felony
stop on the vehicle. During the stop the
officer had drawn his side arm until the
driver and the vehicle were secured.
CC: City Manager, Chief, Captains, Lieutenants, Training Sergeant, City Clerk, Library
IOWA CITY POLICE DEPARTMENT
USE OF FORCE REPORT
May 2004
OFFICER DATE INC #
INCIDENT FORCE USED
16 05 -02 -04 4 -23997
Warrant Arrest When officers advised the subject that
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she was under arrest she attempted to
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flee. The officers grabbed her arms,
but she tensed up and refused to be
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handcuffed. When she continued to
resist, the officers directed her to the
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floor, where she started screaming and
kicked one of the officers in the face.
After an officer deployed a chemical
agent the subject stopped resisting and
"•' --
was handcuffed.
59 05 -04 -04 4 -24329
Injured Animal The officer used his shotgun to dispatch
a deer that had been struck by a
vehicle.
56 05 -06 -04 4 -24818
Trespass The subject disregarded verbal
commands given by the officer and
then charged at the officer. The officer
deployed a chemical agent and the
subject went to his knees where he then
complied with officer commands and
was handcuffed.
19, 15 05 -08 -04 4 -25060
Open Container After disregarding officer commands to
place his hands behind his back the
officer placed him against a fence and
pulled the subjects hands behind his
back and handcuffed him. While being
patted down he continually tried to turn
towards the officer. The officer placed
him over the rear of the patrol car
where he was patted down. The subject
refused to get in the patrol car and had
to be physically placed in the back seat.
19,59 05 -08 -04 4 -25079
Public Intoxication The officers approached the subject
after seeing him trying to start a fight.
When the subject saw the officers he
tried to flee but was caught, directed to
the ground and handcuffed.
55 05 -08 -04 4 -25096
Fight The subject fled from officers, who
observed him fighting. After a several
block foot chase officers caught him
and directed him to the ground where
he was handcuffed.
OFFICER DATE INC # INCIDENT FORCE USED
4 05 -13 -04 4 -26095 Public Intoxication The officer observed the subject yelling
and pushing people. He became
oppositional and resistive when
speaking with officers and was directed
to the ground where he was restrained.
He then became cooperative and was
handcuffed.
4 05 -13 -04 4 -26096 Fight When officers approached two persons
who were fighting, one subject fled but
tripped over a curb, fell and was
handcuffed. While being walked back
to the patrol car the subject dropped to
the ground and had to be carried by the
officers. The officers placed him into
the back seat of the patrol car while he
was kicking and spitting at them.
95 05 -13 -04 4 -26166 Burglary/Drugs The subject disregarded officer
commands while being searched so the
officer applied downward pressure to
him to have him sit on a couch. The
officer then placed the subject's arms
behind his back and handcuffed him.
27 05 -15 -04 4 -26554 Bar Check While the officer was escorting the
subject from the bar she pulled out of
his grip and attempted to flee. The
officer caught her by the arm and
escorted her from the bar after placing
her in handcuffs.
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9 05 -16 -04 4 -26797
Fight The officer stepped between three
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subjects who were fighting and then
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attempted to get the subject to calm
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down. The subject disregarded officer
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commands and continued to be
aggressive. When he attempted to push
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past the officer the officer deployed a
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chemical agent and the subject then
complied with officer commands. The
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subject was handcuffed without further
incident.
18 05 -16 -04 4 -26804 Fight The officer directed a subject to the
ground after observing the subject
involved in a fight. The subject was
handcuffed without incident.
48 05 -16 -04 4 -26947 OWI After being placed in handcuffs the
subject elbowed the officer and
attempted to walk away. The officer
placed him against a wall, but the
_ -_. _..._. -. _. -1 ... ,..- _._.- _.._... I . . _ -- .
OFFICER DATE INC #
INCIDENT FORCE USED
subject attempted headbutt the officer,
grazing his chin in the process. The
officer then directed the subject to the
floor where he calmed down and was
handcuffed.
27, 48, 21, 27, 05 -17 -04 4 -27149
Armed Subject Officers stopped a vehicle in which it
21
was reported that the occupants had
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made threats with a knife. The
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occupants of the vehicle were ordered
out of the vehicle at gunpoint. The first
subject was handcuffed without
incident. The second subject exited the
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vehicle but did not comply with officer
commands to lay on the ground. When
— –
the subject lowered his hands an officer
directed him to the ground, where he
was then handcuffed. The knife was
located by officers.
37 05 -20 -04 4 -27710
Disorderly Conduct The officer stepped in front of a subject
who was going after a second subject.
After being pushed away by the officer
the subject made another attempt to get
passed the officer. When the officer
advised the subject that he was under
arrest he tensed up and made a fist.
The officer backed up and repeatedly
told the subject to turn around and
place his hands behind his back. When
the subject started shouting and stepped
towards the officer the officer deployed
a chemical agent. The subject then
complied with officer commands and
was handcuffed.
47 05 -21 -04 4 -27845
Mental Committal When told she would have to get into
the patrol car to go to the hospital the
subject attempted to walk past the
officers. The officers grabbed her by
the arm and walked her to the patrol
car. She refused to get into the car and
was assisted by the officers.
6 05 -27 -04 4 -28990 Suicide The officer responded to a complaint
that a person had slit their wrists.
When the officer got no response at the
door the offer forced the door open to
gain entry.
6, 15 05 -27 -04 4 -28998 Traffic Stop When the officer told the subject that
he was under arrest and that he needed
to turn around and place his hands
OFFICER DATE INC # INCIDENT FORCE USED
behind his back he pulled away. The
officer directed him to the ground and
used a hands control technique to place
the subject's hands behind his back to
be handcuffed.
27, 39, 13 05 -29 -04 4 -29565 Welfare Check After being told that he was under
arrest he pulled free of the officer's
grip and attempted to flee. The officer
directed the subject to the ground after
a short foot chase, but the subject
refused to comply with officer
instructions to place his hands behind
his back. The officers used hands
control techniques to handcuff the
subject.
CC: City Manager, Chief, Captains, Lieutenants, Training Sergeant, City Clerk, Library
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IOWA CITY POLICE DEPARTMENT
USE OF FORCE REPORT
June 2004
OFFICER DATE INC #
INCIDENT FORCE USED
4,58 06 -09 -04 4 -31553
Domestic While making an arrest on a female for
domestic assault the male party
disregarded officer commands to stay
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back and then rushed the officer. Both
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officers deployed a chemical agent as
- - -, - _
the subject attempted to strike an
officer. One officer directed the
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subject to the ground and handcuffed
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him while the other officer tried to
regain control of the female. The
officer exposed her to a chemical agent
and then directed her to the ground
where she attempted to bite him. The
officer used a hands control technique
and was able to handcuff her.
15 06 -12 -04 4 -32173
Intoxicated Subject After being placed under arrest the
subject refused to get in the police car.
The officer was able to direct the
subject into the backseat and close the
door.
31 06 -17 -04 4 -33122
Intoxicated Subject The ICPD officer assisted a DPS
officer in placing handcuffs on a
subject who had attempted to walk
away from him. After placing the
subject in the backseat of the ICPD
patrol car the subject began kicking the
passenger window. After placing her in
leg restraints she stopped her flailing
and kicking.
21 06 -17 -04 4 -33261
Injured Deer The officer used his side arm to
dispatch an injured deer.
19 06 -19 -04 4 -33530
Out of Control Person When the officer arrived on scene the
subject was being restrained by her
brother who released her after the
officer had a grip on her arm. The
officer directed her to the ground after
she disregarded officer commands to go
to the ground.
4 06 -20 -04 4 -33758
Traffic Stop While attempting to elude an officer the
subject struck a curb, disabling his
vehicle. The subject then fled on foot
but was located hiding behind a parked
car. When he stood up he looked tense
OFFICER DATE INC #
INCIDENT FORCE USED
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and his fists were clinched as he told
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the officer that he wasn't going back to
prison. After the subject disregarded
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officer commands to lay on the ground
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the officer struck him once in the thigh
with his baton, causing him to lose his
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balance and giving the officer the
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opportunity to direct him to the ground
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where he was handcuffed.
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20 06 -21 -04 4 -33967
Fight After identifying the subject as having
been involved in a fight the officer
ordered him from he vehicle. After the
subject had disregarded numerous
requests to exit his vehicle the officer
reached in, unbuckled him, grabbed his
arm and pulled him from the car.
While being patted down, subsequent
to his arrest, the subject abruptly
pushed away from the patrol car and
then turned towards the officer. The
officer then directed him to the ground
and held him there until he stopped
resisting.
24 06 -23 -04 4 -34283
Injured Animal The officer used his side arm to
dispatch an injured deer.
41 06 -24 -04 4 -34437
Disorderly Conduct As the officer approached to subjects,
who were locked together in a physical
struggle, he grabbed each by an arm
and ordered them to the ground. Both
complied and were handcuffed.
51,4 06 -25 -04 4 -34636
Attempted Suicide The subject interfered with ambulance
personnel who were treating a subject
who had attempted suicide. He
disregarded officer commands to step
away and pushed the officer who then
grabbed his arm and directed him to the
floor. The subject continued to resist
being handcuffed and was sprayed with
a chemical agent. The officers applied
active counter measures in order to
place his hands behind his back to
handcuff him. At one point the subject
was able to get back to his feet and was
again directed to the floor.
49 06 -25 -04 4 -34702
Robbery Investigation The officer, who identified himself as
such, had his sidearm drawn as he
approached a robbery suspect who was
a passenger in a vehicle. When the
OFFICER DATE INC #
INCIDENT FORCE USED
officer ordered the occupants to show
him their hands the suspect began
moving around and placed his foot on
the accelerator, revving the engine as
he attempted to put the vehicle in gear.
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The officer again identified himself as
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he opened the passenger door and told
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the subject to show him his hands. The
subject told the officer he was going to
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get out (of the car) and then attempted
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to crawl over the driver. The officer
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attempted to restrain the subject but the
subject was able to flee into a cornfield.
6 J 06 -28 -04 4 -35170
Injured Sick Animal The officer used his sidearm to dispatch
a sick raccoon.
19, 2, 52 06 -28 -04 4 -35234
Assist Other Agency Officers went to a residence to speak
with a person who had made threats
involving a firearm. The subject, who
appeared angry, refused to allow
officers entry to his apt and walked
away from his chain locked door. The
officers forced entry and drew their
sidearms while demanding that he show
them his hands. The subject was taken
into custody without further incident.
21 06 -30 -04 4 -35659
Injured Animal The officer used his sidearm to dispatch
an injured opossum.
CC: City Manager, Chief, Captains, Lieutenants, Training Sergeant, City Clerk, Library
MEMORANDUM
TO: Chief Winkelhake
FROM: Captain Johnson, Field Operations
RE: Quarterly /Summary Report (Quarter 2)- IAIR/PCRB, 2004
DATE: July 1, 2004
Attached you will find the 2004 Quarterly Report, quarter 2, for the Iowa City
Police Department Internal Affairs /Police Citizen's Review Board investigative
file.
cc: PCRB
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TO: Chief Winkelhake
FROM: Captain Johnson, Field Operations
RE: Quarterly /Summary Report (Quarter 2)- IAIR/PCRB, 2004
DATE: July 1, 2004
Attached you will find the 2004 Quarterly Report, quarter 2, for the Iowa City
Police Department Internal Affairs /Police Citizen's Review Board investigative
file.
cc: PCRB
Year: 2004
IAIRIPCRB Quarterly - Summary Report
Quarter 2 (April-June)
I.A.I. #:04 -01
PCRB M
Incident Date:06 -21 -04
Incident Time:2:05PM
Location: 900 blk. Hwy 6 E
Date Assi ned:06 -23 -04
Reason for Allegation:
1) Unlawful arrest
2) Improper conduct
Dis osition: pending
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TO:
FROM:
11104 OG
DEPARTMENT MEMO 04 -21
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ChiefRJ Winkelhake -T1
Captain Matt Johnson
Captain Widmer j '?
March/April Use of Force Review D J
DATE: May 12, 2004
The bi- monthly "Use of Force Review Committee met on May 12, 2004. It was composed of the
following personnel;
Captain Widmer
Sgt. Lord
Sgt. Krei
Officer Lorence
The review of the submitted reports for March (23 incidents -29 reports) and April (18 incidents-
22 reports) revealed no policy or training concerns. Of the 41 incidents, 5 (12 %) were for
destruction of an animal.
When listing the type of incident, 'but with subject" is not enough information. All encounters
could be listed "out with subject ". Officers need to articulate the reason they are out with the
subject (suspicious person, flagged down, public urination, open container, etc.). Also, when an
officer checks "unknown" for injuries, they should document why the injury is unknown. What
is the reason you suspect the arrested person may be injured? If you don't see an injury and do
not have reason to believe they might be, it should be marked as "not injured ". Officers did a
great job this month on properly documenting the use of force.
Reports with issues are being returned to respective Watch Commanders. See me if you have
any questions.
Copy: City Manager, PCRB, Watch Commanders
July 13, 2004 Mtg Packet
PCRB COMPLAINT DEADLINES
PCRB Complaint #04 -01
Filed: 07/07/04
Chief's Report due: 10/05/04
Chief's Report filed: 07/09/04
PCRB Report due:
PCRB Complaint #04 -02
Filed: 07/08/04
Chief's Report due: 10/06/04
Chief's Report filed:
PCRB Report due:
POLICE CITIZENS REVIEW BOARD
OFFICE CONTACTS
May 2004
Date Description
None.
POLICE CITIZENS REVIEW BOARD
OFFICE CONTACTS
June 2004
Date Description
6 -21 Person called for procedure options for filing verbal complaint.
6 -24 Person called said they wanted to have their form notarized prior to
submission and wanted to know why we don't require that.
DRAFT #2
POLICE CITIZENS REVIEW BOARD
GENERAL RESPONSIBILITIES
Established in 1997, by ordinance #97 -3792, the Iowa City Police Citizens Review Board (PCRB)
consists of five members appointed by the City Council. The PCRB has its own legal counsel.
The Board was established to assure that investigations into claims of police misconduct are
conducted in a manner that is fair, thorough, and accurate, and to assist the Police Chief, the City
Manager, and the City Council in evaluating the overall performance of the Police Department by
reviewing the Police Department's investigations into complaints. The Board is also required to
maintain a central registry of complaints and to provide an annual report setting forth the numbers,
types, and disposition of complaints of police misconduct. It may recommend that the City Council
hold public forums and /or hearings designed to encourage citizens to provide information,
recommendations, and opinions about police policies, procedures, and practices. To achieve these
purposes, the Board complies with Chapter 8 of the Iowa City Code and the Board's By -Laws and
Standard Operating Procedures and Guidelines.
ACTIVITIES AND ACCOMPLISHMENTS FOR FISCAL YEAR 2004
Meetings
The PCRB holds monthly meetings on the second Tuesday and special meetings as necessary.
During FY04 the Board held 11 meetings, each lasting one to three hours. Four meetings were
cancelled, two were due to lack of a quorum and two due to lack of board business.
ICPD Policies /Procedures /Practices Reviewed By PCRB
The ICPD regularly provides the Board with monthly Use of Force Reports, Internal Investigation
Logs, Demographic Reports and various Training Bulletins. The Department also provided various
General Orders for the Board's review and comment. A senior member of the Police Department
routinely attends the open portion of the PCRB meetings, and is available for any questions Board
members have regarding these reports.
Presentations
None.
Board Members
Board member Bev Smith was removed from the Board due to lack of regular attendance according to
Board by -laws and was removed by City Council. Smith was replaced by Greg Roth in August to
serve an unexpired term ending September 1, 2005. David Bourgeois resigned in November and was
replaced by Roger Williams in November who was appointed to serve an unexpired term ending
September 1, 2005. Candy Barnhill was appointed in September to the board to serve a 4 -yr term
ending September 1, 2007, replacing John Watson.
COMPLAINTS
Number and Type of Allegations
Seven complaints were filed during the fiscal year July 1, 2003 — June 30, 2004 and two carried over
from the previous fiscal year. Eight public reports were completed during this fiscal period, and one
complaint was withdrawn. Of the eight public reports, two had combined complaints. The eight
completed public reports involved 26 allegations.
PCRB Annual Report FY 2004 - (Approved ? ?/ ? ?/04) — 2
Allegations
Complaint #03 -01
1. Officer acted inappropriately. Officer was rude and used offensive language.
2. Failure to provide medical assistance.
3. Excessive use of force.
4. Videotape of the incident was altered.
Complaint #03 -02
1. Excessive use of force.
2. Inappropriate conversation or comments. **
Complaint #03 -04
1. Complainant was unlawfully arrested.
2. Officer (C), (B), and (D) engaged in improper conduct by being mean, rude and not caring causing
complainant to feel violated, discriminated, intimidated and scared.
Complaint #03 -05
1. Investigating Officer did not adequately investigate her son's assault complaint resulting in him
seeking retaliation.
2. Complainants dissatisfaction with the Press - Citizen publishing her son's name and information
when he was charged with assault.
3. Complainant unhappy that her son spent two days at Linn County Juvenile Detention.
Complaint #03 -06 & #03 -07
1. Improper /Unlawful Arrest.
2. Improper Conduct.
3. False Report.
Complaint #03 -08. #03 -09 & #03 -10
1. Rudeness.
2. Assault.
3. Failure to Supervise.
4. Failure to investigate.
Complaint #03 -11
1. False statements against Officer A and Officer C.
2. Illegal Search against Officer A and Officer C.
3. Failed to provide medical care against Officer A and Officer C.
Complaint #03 -12
Withdrawn
Complaint #03 -13
1. Officers failed to identify themselves when they first placed hands on him (Complainant) and
arrested him.
2. Officers used excessive force while patting him (Complainant) down by placing an elbow in his
back.
3. Officer sprayed him (Complainant) with OC for no reason after he was placed in the back of the
squad car.
4. Officer hit him (the Complainant) in the head while he was in the squad car.
5. Post arrest harassment.
PCRB Annual Report FY 2004 - (Approved ? ?/ ? ?/04) — 3
Level of Review
The Board decided, by simple majority vote, the level of review to give each report, selecting one or
more of the six levels specified in the City Code per complaint:
Level a
On the record with no additional investigation 7
Level b
Interview or meet with complainant 3
Level c
Interview or meet with named officer 0
Level d
Request additional investigation by Chief or 0
City Manager, or request police assistance
in the Board's own investigation
Level a
Board performs its own additional investigation 3
Level f
Hire independent investigators 0
Complaint Resolutions
The Police Department investigates complaints of misconduct by police officers. The Police Chief
summarizes the results of these investigations and indicates in a report (the Chief's Report) to the
PCRB whether allegations are sustained or not sustained. (If complaints are made against the Chief,
the City Manager conducts the investigation and prepares and submits the reports.) The Board
reviews both the citizen's Complaint and the Chief's Report and decides whether the allegations
should be sustained or not sustained. The Board prepares a report which is submitted to the City
Council.
Of the 26 allegations listed in the eight complaints for which the Board reported, only one was
sustained" ( #03 -02) and five allegations were summarily dismissed' as required by City Code,
Section 8 -8 -3 D and 8 -8 -3 E.
The Board made comments and /or recommendations for improvement in police policy, procedures, or
conduct in one of the reports:
Complaint #03 -01
There are several troublesome elements about the videotape, which we feel ought to be explained. The
videotape begins at 19:56, yet the arrest report indicates that the officer arrived at the scene at 19:41, a
discrepancy of 15 minutes. The video camera was not aimed through the windshield at the scene,
instead it was aimed down at the hood of car thereby excluding the visual evidence. From 21:01 until
21:16, a period of 15 minutes at the Public Safety Office, there is no sound on the tape and the screen is
black. Audio /video resume at the Public Safety Office at 21:16. There is no audio /video during the first
15 minutes of the incident or during another 15 minutes while at the U of I Public Safety Office. The
video camera angle changed at 21:25.
We have no comment on whether or not the videotape might have been edited or altered, and as noted
in our response to Allegation # 4, we accept the Chief of Police's conclusion. Questions remain: why the
video tape was not begun when the officer arrived on the scene; why the video camera remained pointed
at the hood of the car instead of where the officer was; and why there are 15 minutes unaccounted for
when that period of time could be no different than the immediately preceding and following the
unaccounted for time. The purpose of having a video camera in a squad car is to document in an audio
and visual form the interactions of an officer and a citizen during an incident of record, then certainly the
camera ought to be aimed at the interaction that is taking place. When the camera is inappropriately
aimed and the audio is not continuous, the value of the recording is severely compromised. We
recommend that the department urge its officers to use this resource efficiently and effectively.
The quality of the tape is poor and the PCRB requests upgrading quality of tapes and /or equipment.
PCRB Annual Report FY 2004 - (Approved ? ?/ ? ?/04) — 4
Name - Clearing Hearings
The ordinance requires that the Board not issue a report critical of the conduct of a sworn officer until
after a name - clearing hearing has been held. During this fiscal period, the Board scheduled one
name - clearing hearing. The Officer waived the right to the hearing and did not attend.
Mediation
Officers and complainants are notified by mail that formal mediation is available to them at any stage
in the complaint process before the Board adopts its public report. All parties involved must consent to
a request for mediation. No mediations were convened this year.
Complaint Histories of Officers
City ordinance requires that the
complainants or officers involved it
confidentiality of information about
eight complaints this report covers.
named only once.
annual report of the PCRB must not include the names of
unsustained complaints and must be in a form that protects the
all parties. Complaints were filed against fifteen officers in the
Four officers were named in two complaints; the rest were each
ICPD Internal Investigations Logs
The Board reviewed the quarterly ICPD Internal Investigations Log, provided by the Chief of Police.
COMPLAINT DEMOGRAPHICS
The following is demographic information from the eight complaints reported on in this fiscal year.
This excludes information from the one complaint, which was withdrawn. Because complainants
provide this voluntarily, the demographic information is incomplete.
Category/Number of Complainants
ARE
National Origin:
Color:
Under 21 2
US
1
White 1
Over 21 3
Unknown
10
Black 2
Unknown 6
Unknown 8
Sexual Orientation:
Gender Identity:
Sex:
Heterosexual 1
Female
2
Female 3
Unknown 10
Unknown
9
Male 1
Unknown 7
Marital Status:
Single 3
Unknown 8
Physical Disability:
No 1
Unknown 10
Religion:
Christian 2
Baptist 1
Unknown 8
Mental Disabilitv:
No
ADD
Dyslexia
Unknown
Epilepsy
PCRB Annual Report FY 2004 - (Approved ? ?/ ? ?/04) — 5
BOARD MEMBERS
Loren Horton, Chair
John Watson / Candy Barnhill, Vice Chair
John Stratton
David Bourgeois / Roger Williams
Beverly Smith / Greg Roth
clerk/Annual Report 03- 04.doc
Kellie Tuttle
From: Sandy Bauer
Sent: Monday, May 10, 2004 3:23 PM
To: Kellie Tuttle; Marian Karr
Subject: FW: From: martha Dominguez
- - - -- Original Message---- -
From: martha [mailtc:marthacd @earthlink.net]
Sent: Monday, May 10, 2004 10:22 AM
To: Sandy- Bauer @iowa - city.org
Subject: From: martha Dominguez
5/10/04
Please, I would appreciate a responce from your city on how your police
Citizens review Board systems works.
I am doing a report in my class here in Albuquerque. Please send me
information.
Kellie Tuttle
From:
Kellie Tuttle
Sent:
Wednesday, May 26, 2004 4:06 PM
To:
' marthacd @earth I i n k. net'
Subject:
RE: Police Citizens Review Board
J
E -MAIL
Response.doc
The attached is a response from the Chair of the Police Citizens Review
Board. Thank you for your interest.
- - - -- Original Message---- -
From: Sandy Bauer
Sent: Monday, May 10, 2004 12:20 PM
To: Kellie Tuttle
Subject: FW: Albuquerque, NM
For your followup.
- - - -- Original Message---- -
From: martha [mailto:marthacd @earthlink.net]
Sent: Saturday, May 08, 2004 3:12 PM
To: Sandy- Bauer @iowa - city.org
Subject: Albuquerque, NM
5/8/004
Could you send information on how your Citizens' Police Complaint Office
functions. I am doing a report to show different models that are used to
handle citizens complaints against police officers. Also to find out how
they were developed and how the programs is working according to
citizens, as cases they have brought up.
I would like to know specifically on the areas of , excessive actions by
officers, when it was not really, necessary,
or race profiling, abusive behavior. An some ideas whether your systems
is accepted well in your area.
1
Response to E -mail from Martha Dominguez, New Mexico, 26 May 2004
marthacd@earthlink.net
The Iowa City Police Citizens Review Board was created by ordinance on 15 July 1997.
It consists of 5 members appointed by the City Council. The first appointments were effective
on 1 September 1997. The PCRB meets monthly, and from a variety of venues receives
complaints from the public about conduct of police officers. A complaint is then turned over
by the PCRB to the Chief of Police for investigation. The Chief investigates, submits a report
to the PCRB, which then considers that report. The PCRB may review solely on the basis of
the Chief's report, interview the complainant and witnesses, ask to interview the officer(s)
involved in the complaint, request additional investigation by the Chief of Police, or perform its
own additional investigation. A committee of the PCRB then writes a report in response to the
complaint, and the PCRB report is submitted to the City Council. The Chief of Police's report
may sustain or not sustain the complaint. The PCRB report may sustain or not sustain the
complaint. A copy of the PCRB report is sent to the complainant.
The PCRB keeps a record of complaints, and submits an annual report to the City
Council containing statistics about type of complaints, reports issued, and a list of sustained or
not sustained complaints. The PCRB report on each complaint, and its annual report are public
documents. The PCRB may request that the City Council arrange for public forums, during
which information can be disseminated, and during which members of the public may meet the
members of the PCRB and raise questions and concerns about activities of the PCRB. The
PCRB may not discipline an officer, but may recommend to the Chief of Police that policies and
procedures of the Police Department be reviewed.
During the first years of the existence of the PCRB there were numerous complaints.
During fiscal 2002 -2003 there were 4 complaints, and during fiscal 2003 -2004 there were 13
complaints, 7 of which were from the same family. Your other questions involve specific
actions by specific officers or collective actions by officers. Of course complaints often allege
excessive action by a police officer, but our investigations have rarely found these to be
complaints which we sustain. Regarding racial profiling, there has been considerable effort by
the Police Department to compile data and to investigate this possibility. One of the officers
attended a "Traffic Profiling Seminar" at the Department of Justice Administration, University
of Louisville, and has been in charge of tracking traffic stops in Iowa City as a method of
gathering information. In addition to that, the Police Department sponsored a "Traffic Stop Data
Analysis" conducted by consultants from the University of Louisville, Department of Justice
Administration. Their voluminous report indicated that from April 1 through December 31,
2001 there was no statistical evidence that indicated that racial profiling was a factor in traffic
stops in Iowa City. I will add that the complaints during my tenure on the PCRB for the past
4 years have not indicated that racial profiling was a problem in Iowa City, as none of the
complaints filed with the PCRB stated that as the actual complaint.
I hope that this information is of help to you. And I apologize for the delay in response.
I have been out of town and have just returned. Thank you for your interest.
Sincerely, Loren N. Horton, Chairman, Iowa City Police Citizens Review Board.
Kellie Tuttle
From: marthacd @earthlink.net
Sent: Tuesday, June 01, 2004 5:57 AM
To: Kellie Tuttle
Subject: Return Receipt (displayed) - RE: Police Citizens Review Board
MDNPart2.txt MDNPart3.txt
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