HomeMy WebLinkAbout09-14-2004 Police Citizens Review BoardAGENDA
POLICE CITIZENS REVIEW BOARD
September 14, 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 08/10/04
ICPD General Order #95 -04 (Administration of Department Training)
ICPD General Order #00 -05 (Off -Duty Conduct: Powers of Arrest)
ICPD General Order #01 -02 (Informants)
ICPD Department Memo 04 -38
ICPD Use of Force Report — July 2004
ITEM NO. 3
NEW BUSINESS
Select Nominating Committee
ITEM NO. 4
OLD BUSINESS
Proposed changes to Standard Operating Procedures
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
to or discuss records which are required or
21.5(1)(a) of the Code of Iowa review
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
boards of supervisors and school districts, and 22 -7(5)
including but not limited to cities,
officer investigative reports, except where disclosure is authorized elsewhere in
police
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
body if they were available
would be discouraged from making them to that government
for general public examination.
ITEM NO.9
MEETING SCHEDULE and FUTURE AGENDAS
• October 12, 2004, 7:00 P.M., Lobby Conference Room
• November 9, 2004, 7:00 P.M., Lobby Conference Room
• December 14, 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: September 10, 2004
TO: PCRB Members
FROM: Kellie Tuttle
RE: Board Packet for meeting on September 14, 2004
Enclosed please find the following documents for your review and comment at the next board
meeting:
• Agenda for the meeting on 09/14/04
• Minutes of the meeting on 08/10/04
• ICPD General Order #95 -04 (Administration of Department Training)
• ICPD General Order #00 -05 (Off -Duty Conduct: Powers of Arrest)
• ICPD General Order #01 -02 (Informants)
• ICPD Department Memo 04 -38
• ICPD Use of Force Report — July 2004
• PCRB Complaint Deadlines
• PCRB Office Contacts — August 2004
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 — August 10, 2004
CALL TO ORDER: Chair Loren Horton called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Candy Barnhill, Greg Roth, Loren Horton, and Roger Williams
MEMBERS ABSENT: John Stratton
STAFF PRESENT: Staff Kellie Tuttle
OTHERS PRESENT: Capt. Tom Widmer of the ICPD and citizen Kevin Halstead
CALENDAR Motion by Williams, seconded by Roth, to adopt the consent calendar.
• Minutes of the meeting on 07/13/04
• ICPD General Order #98 -02 (Policy Operating Procedures Manual)
• ICPD General Order #00 -02 (Harassment and Sexual Harassment)
Motion carried, 4/0, Stratton absent.
NEW BUSINESS Proposed changes to Standard Operating Procedures. The Board received a draft of
the proposed changes to the Standard operating Procedures. The following additional
suggested changes will be reviewed in September:
1. On the cover sheet spell out Police Citizens Review Board instead of PCRB then
follow with (hereafter referred to as PCRB or Board).
2. Section I. Complaint Process was to add "complaints about alleged" before police
misconduct on the third line of the first paragraph. Also to take a look the first
sentence of the same paragraph referencing "community standards ".
3. Subsection A under the Complaint Process between number 2 & 3 adding a section
regarding how /when complaint deadlines are established /specified by ordinance.
4. Subsection A number 4, changing the sentence to read "A copy of each complaint
filed shall be provided to Board members in the next meeting packet."
5. Take a look at the placement of numbers 5 & 6 in Subsection A.
6. Subsection A & B to end in colons, and B to read, "Procedures for complaints subject
to summary dismissal follow:"
7. Subsection B, number 2, second line to read, "shall include a cover letter from the
Board indicating that it appears to be an untimely...."
8. Item number 4, subsection B, second line striking out "determine whether the
complaint should be" leave in summarily and change dismissed to dismiss, adding
"the complaint". At the end of line three striking out "determined necessary".
9. Subsection B, number 5 to read, "If the Board dismisses the complaint, staff shall:"
dropping, "forward the following: ", but then adding "Forward" to each of the following
steps 1 -3.
PCRB — Page 2 DRAFT
August 10, 2004
10. Subsection B, number 5(a)(1) striking "going" in the first line. Number 5(a)(2) also
striking "going" in the first line and also striking everything after IC Police Department
at the end of the paragraph.
11. The possibility of adding a subsection C to give procedures if the complaint is not
summarily dismissed.
OLD BUSINESS None.
PUBLIC
DISCUSSION Capt. Widmer informed the Board that the suggested changes to the General Orders
made at the July 13th meeting had been turned over to the training officer for
consideration on the rewording. The suggestions have been noted and will be taken
under advisory.
BOARD
INFORMATION Horton announced that the City Council had appointed Elizabeth Engel (Beth) as the
newest Board member starting September 1. She is a retired elementary school teacher
and he has worked with her on other committees before and she is very responsible and
productive person that will be a good addition.
Horton also handed out (4) articles for Board information as follows:
1. New Des Moines Police must take Spanish course
2. Johnson County man sues Coralville
3. W. Branch man sues two officers after May arrest
4. Man sues officer for excessive force
STAFF
INFORMATION None.
EXECUTIVE
SESSION Not needed.
MEETING SCHEDULE
• 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
• December 14, 2004,7:00 P.M., Lobby Conference Room
ADJOURNMENT Motion by Barnhill, seconded by Roth, to adjourn. Motion carried, 4/0, Stratton absent.
Meeting adjourned at 7:55 P.M.
W
A
Q
O
F+Y
3
w
W
U
W
U
a
O
a
A
0
o �
W t�
a
z d u
W
H
H
d
'b
GJ L
a� y yL� Ce
� G
aQdzz
u u u u u
�oOZ ;
N
ti
�
N
�
r-1
N
O
yC
C
>C
DC
DC
j
z
z
z
z
z
z
z
z
z
z
M
Q
M
C)
0
0
0
0
0
0
H
i
C
O
O
C p
.y0+
a
�
b L
z
6 %.
� C
d
bU =
C i
N bA
ax
h�
t7
a�
Ica
ww
'b
GJ L
a� y yL� Ce
� G
aQdzz
u u u u u
�oOZ ;
TRN -01.1
ADMINISTRATION
OF DEPARTMENT
TRAINING
Date of Issue General Order Number
August 14, 2001 195-04
Effective Date Section Code
August 17, 2001 TRN -01
Reevaluation Date I Amends / Cancels
August 2007 8/04
C.A.L. E.A. Reference
Chapter 33
INDEX AS:
Authority and Responsibility, Department Training Lodging Reimbursement, Training
Career Specialty In- Service Training, Definition Meal Reimbursement, Training
Department Training Administration
Reimbursement, Training
Department Training Authority and Responsibility
. Training Committee, Department
Department Training Committee
Training Course Critique
Department Training Goals
Training Expense Reimbursement
Department Training Policy
Training Goals, Department
Education and Training Record
Training Policy Statement
Travel Costs, Training __
1. PURPOSE
o
The purpose of this policy is to establish the policies
and procedures for the
administration of the Department Training function.
- ' -TI
_ ry
TRN -01.2
III. DEFINITIONS
A. Proficiency In- Service Training_- A training process designed to stimulate,
develop, and improve the skills, knowledge, and abilities necessary to stay
competent in the duties and responsibilities of the position. Proficiency and
responsibilities of the job presently being performed enhances the
employee's skills beyond the minimum level and increases the potential for
career advancement.
B. Career Specialty In- Service Training - A training process used to provide an
advance level of instruction in an area of interest and specialization that
enhances the overall potential for job satisfaction and career development.
IV. PROCEDURES
The training goals of the Iowa City Police Department are:
A. To stimulate, develop, and improve the skills, knowledge, and abilities of all
Department personnel.
B. To provide new officers with the legally mandated basic training and with the
necessary Department field training.
C. To provide annual in- service training to all officers for purposes of updating
and enhancing their knowledge, skills and abilities.
D. To present career specialty in- service training on an as needed and /or as
requested basis so as to provide advanced levels of instruction in areas of
specialization necessary to carry out the Department mission and enhance
career development.
E. To identify and utilize the most cost - effective means for providing basic and
in- service training to all personnel.
F. To develop as necessary, in -house training programs desigT to xrr eet
unique Department training needs.
r, r
DEPARTMENT TRAINING FUNCTION __1 r
F1 ,a J
Authority and Responsibilit _
t
A. Unit and Section Supervisors - Each supervisor will assess, on >a contirmal
basis, the skills, knowledge, and abilities of their personnel so as to improve
upon performance levels and to identify potential areas of career interest and
specialization. Whenever a supervisor identifies a specific need for
proficiency in- service training or career specialty in- service training, they must
notify their Division Commander, in writing, of that need or interest.
B. Division Commander - Each Division Commander is responsible for updating
minimum proficiency in- service training needs (i.e. CPR, Firearm) and career
specialty training interests in order to assign those individuals to the proper
training courses, when they become available.
C. Chief of Police - The Chief of Police makes the final decisions about the
development of in -house training programs and the assignment of personnel
to particular training courses. These decisions are made based upon the
recommendation and requests of the various division commanders,
TRN -01.3
supervisors, officers, and civilian employees. In addition to the previously
mentioned responsibilities, the Chief, or his /her designee is responsible for
the overall coordination of the Department training function, to include, but
not limited to:
1. identification of individual, unit and /or Department training needs;
2. assignment of personnel to appropriate and /or necessary training
programs;
3. development and implementation of in -house training programs;
4. maintenance of an inventory of the programs and resources available to
provide in- service training;
5. maintenance of Department training records;
6. review and evaluation of training programs;
7. development of an annual Department training plan.
D. Department Training Committee - On an annual basis, the Chief of Police
shall appoint representatives from the Department and the departmental
training officer to serve on a Department Training Committee. The purpose
of this committee is to review, evaluate, and recommend revisions for the
Department training effort and to identify areas in which training is lacking. At
the conclusion of their review, the department training officer will prepare a
written report summarizing their findings. This annual training review report
will be submitted to the Chief of Police for review. The department training
officer may use this report as a basis for the development of on -going
training.
E. Department Training Officer - The department training officer is responsible
for ensuring that members of the department receive the minimum mandatory
training as required by law. Additionally, he /she shall continually develop,
implement and evaluate departmental training and assist in assessing the
training needs of the department. He /she shall maintain records of the
training provided "in- house" and records /documentation of training received
outside the department. �}
Education and Training Record 71
ci
Officers assigned to attend a training session shall arrive at the designate *6ini fg at7
the specified time and with any required equipment. Officers shall attend 1hh&-,4ssD�ed -.�
training in its entirety. In those instances where the officer is required tom part of--'
the scheduled training for court or other duty related circumstances, thEg%fficer� shall
notify the instructor of the course at the beginning of the session. To the 6Rtent
possible, officers shall complete any make up assignments as directed by the
instructor. The instructor shall be provided the reason for the absence and the
anticipated time of return. In situations where the officer is absent for other than a duty
related reason, the officer shall notify his /her supervisor of the absence as soon as
possible. Officers missing mandatory training for which they have been scheduled may
be required to make up the training.
Officers assigned to a training session shall be considered on duty for that day(s). The
officer will be reimbursed consistent with city policy for expenses incurred and related to
TRN -01.4
the training. All materials obtained at training are the property of the Iowa City Police
Department and the officer may be required to submit the materials for review or to a
departmental library.
For all departmental training conducted by members of the Iowa City Police Department
in excess of four (4) hours, the person assigned to conduct the training shall submit a
lesson plan or outline to the training officer for review and approval three (3) business
days prior to the training. The lesson plan or outline shall include the following:
A. a statement of performance and job - related objectives;
B. the content of the training and specification of the instructional techniques to
be used;
C. identification of any tests or evaluations used in the training process.
The departmental training officer shall maintain a record of all departmental training of
four (4) or more hours. These records shall include lesson plans /outline, name of
attendees, and the performance of individual attendees as measured by any applicable
tests or performance evaluations.
Personnel assigned to the training function should receive training as available, in the
following areas:
C_
A. lesson plan development;
B. performance objective development;
C. instructional techniques; r Z
D. testing and evaluation techniques; _ fir-
E. resource availability and use. -
t _
For training in which officers are tested or evaluated, officers failing to atisfacrorily
complete the training may be required to repeat the training or attend a remedial
-training session as directed by their watch commander. In addition watch supervisors
shall note any training deficiencies or needs when completing the employees annual
evaluation.
To the extent applicable, upon the completion of a training session of eight or more
hours, the employee shall provide the departmental training officer copies of any
certificates and test scores. The training officer shall document the completion of the
training in the employee's departmental training file.
RECRUIT OFFICER TRAINING
The Iowa City Police Department shall maintain contact with all personnel attending
basic training classes. In addition, the departmental training officer shall periodically
review the contents of the training received at any outside basic training academies and
forward any concerns to the Commander of Administrative Services for review. All
expenses incurred in the attendance of the academy will be born by the Iowa City
Police Department. All recruit officers attending the academy are full time employees of
the Iowa City Police Department and receive all applicable benefits and protections
TRN -01.5
provided as such. When requested and to the extent possible the Iowa City Police
Department will provide instructors to outside academies.
Upon completion of basic training, officers shall receive training relating to departmental
Rules and Regulations and Departmental Orders. This training will be part of the Field
Training and Evaluation process and may be conducted by FTOs or others
knowledgeable in this area.
Sworn personnel who have not completed the basic training academy shall not carry a
weapon or be placed in a position where there is a likelihood of having to take any type
of official action.
Recruit officer training will include training of those tasks most frequently associated
with the duties of a patrol officer. Evaluation of these tasks shall be based on and
consistent with the evaluation system used in the Field Training and Evaluation
Process. The evaluation should assess the recruit officer's knowledge of the topic as
well as the recruit officers abilities and skills when performing the requisite task.
INSERVICE TRAINING
On a regular basis, officers shall receive update /refresher training as well as training in
new areas. As they become available officers shall receive training in new or changes
in the law. This training may be in the form of Watch Training, the training bulletin,
Department -wide training or other formats as determined best suited for the training.
In order to keep officers updated on current trends, techniques, policies, laws etc. and
to address areas of concern, the departmental training, officer shall provide regularly
scheduled watch training. Watch training will be conducted by watch supervisors in
conjunction with the regularly scheduled watch meeting.
As needed, the department will provide specialized training to personnel who perform
specialized functions. These shall include but is not limited to crime scene technicians,
accident investigators, canine units, hazardous device technicians, special response
team personnel, and others.
Newly hired or appointed civilian personnel shall be provided information on the
Departments role, purpose goals, policies and procedures; working conditions and
regulations; and responsibilities and rights of the employee.
Prior to being assigned regular duties as an Emergency Communications Operator, the
person shall receive training in the operation, procedures and duties of the position,Jn
addition they shall receive regular in- service training in this area. CU >'
.�
All promoted personnel shall receive training in their new duties and resp9n19ibilN2s 71
within the first year of their promotion. Y --
cn
TRN -01.6
Personnel shall receive training in the following areas on an annual basis.
A. firearms
B. defensive tactics
C. motor vehicle operations
D. biased based contacts
E. hazardous materials
F. CPR
G. bloodborne pathogens
H. legal issues
LaL " -
MS .�
CU'
=,, -;_
Ui
LEG -05.1
OFF -DUTY
CONDUCT:
POWERS OF
ARREST
Date of Issue General Omer Number
July 21, 2000 00 -05
Effective Date Section Code
July 26, 2000 1 LEG -05
Reevaluation Date I Amends/ Cancels
July 2005 08104
C.A.L.E.A. Reference
1.2.51 1.2.6, 1.2.7
INDEX AS:
o
Use of Force Weapons
Arrests
` TI
N
F
n
I. PURPOSE
l
The purpose of this policy is to provide guidelines to police officers regardidg-
acceptable criteria for effecting an off -duty arrest.
`n
II. POLICY
Off -duty officers are often faced with situations involving criminal conduct that they are
neither equipped nor prepared to handle in the same manner as if they were on duty.
This may lead to unnecessary injuries to off -duty officers, and confusion for those on-
duty officers arriving at the scene. In order to promote safety and efficiency, it is the
policy of the Iowa City Police Department to determine and regulate those situations
and locations within which a sworn member is permitted to effect an arrest while off -
duty.
LEG -05.2
1111. DEFINITIONS
Personally involved: An officer is deemed personally involved where the off -duty
officer, a family member, or a friend becomes engaged in a dispute or incident
involving a personal matter with the person to be arrested or any other person
connected with the incident. This policy specifically cautions off -duty officers
from using their designation as a police officer in situations where they are
personally involved. Officers should remove themselves from any involvement in
such a situation and immediately contact on -duty personnel to handw)
IV. PROCEDURES
A. Liability Protection =
Officers of the Iowa City Police Department have liability protectiorQ6 the_.an
and off -duty performance of official duties. This protection does noextena-to
acts intended to cause injury or damage, to willful or wanton acts or omissi6fls,
or to those actions that the officer knew, or reasonably should have known, were
in conflict with the law or established policies of the Iowa City Police Department.
B. Permitted Off -Duty Arrests
When off -duty and within the legal jurisdiction of the City of Iowa City, an officer
may make an arrest only when:
1. There is an immediate need to prevent a crime or apprehend a suspect; and
2. The crime would require a full custodial arrest; and
3. The arresting officer has in his /her possession, appropriate police
identification.
4. The officer is not personally involved in the incident underlying the arrest or
the opportunity and /or means to have on -duty officers safely respond and
handle were not reasonable.
C. Off -Duty Responsibilities
1. While off -duty, the police officer is responsible for immediately reporting any
suspected or observed criminal activity, qualifying a serious misdemeanor or
higher, to on -duty personnel.
2. Despite the fact that a police officer has police powers 24 hours a day
throughout the jurisdiction, except as allowed by this policy, off -duty officers
should not enforce minor violations such as disorderly conduct, public
intoxication, minor traffic violations or other nuisance offenses. On -duty
personnel should be contacted to respond to the situation where an off -duty
officer becomes aware of such violations and believes police intervention is
necessary.
3. Where an arrest is necessary, the off -duty- arresting officer shall abide by all
departmental policies and procedures.
D. Prohibited Off -Duty Arrests: When off -duty, an officer shall not make an arrest:
1. When the arresting officer is personally involved in the incident underlying the
arrest and the handling by on -duty personnel is reasonable or
LEG -05.3
2. When engaged in off -duty employment of a non - police nature, and the
officer's actions are only in furtherance of the interests of the private
employer; or
E. Carrying of Weapons
When the officer has consumed alcoholic or intoxicating beverages.
a. Officers are prohibited from carrying off -duty weapons when they expect
to consume Any alcoholic or intoxicating beverage regardless of amount.
b. If an officer decides to consume an alcoholic or intoxicating beverage,
he /she shall secure their weapon in a securable area off the premises in
which the alcohol is going to be consumed. If the officer is at his /her
personal residence, he /she shall secure all department issued and
department approved weapons prior to consuming alcohol.
F. Review of Off -Duty Arrests
Any officer conducting an off -duty arrest shall complete a report detailing the
circumstances surrounding the arrest. This report shall include the name of the
suspect, witnesses and other involved parties. This report shall be submitted to
the on -duty watch commander, at the time of the incident, with a copy being
forwarded to the Watch Commander of the officer initiating the arrest for review.
WAj�NIIVG`
✓e sanctions.
R. J. Winkelhake, Chief of Police
t: -
_
l
-.
O .J
CA
OPS 18.1
INFORMANTS
Date of Issue General Order Number
January 23, 2001 101-02
Effective Date Section Code
January 30, 2001 OPS -18
Reevaluation Date Amends / Cancels
August 2006 8 -04
C.A.L. E.A. Reference
42.2.9, 43.1.3, 17.4.2
INDEX AS: O _Q
Informants Intelligence
Investigations
r- I
I. PURPOSE �: —1
The purpose of this order is to identify those procedures to be used in id-AifyinT and--'
evaluating potential informants. In addition it identifies those procedures4at arer -to be
used when utilizing informants.
II. POLICY
It is the policy of the Iowa City Police Department to effectively and efficiently utilize
police informants, to properly document their identity and activities, maintain effective
control of their funding and activities, utilize them in accordance with the law.
OPS -18.2
III. DEFINITIONS
Confidential Informant (CI) - An "independent agent" and anyone who provides
investigative information to a police officer on an on -going basis with expectations for
receiving personal benefit. The informant may or may not want his /her identity
immediately known to others in the law enforcement or general community. This
person shall satisfy department personal information requirements such as biographic
and performance information. (This does not include undercover officers or information
received from members of outside agencies /organizations)
Source - Any person who provides investigative information and may or may not expect
some benefit from such action.
Unwitting Source - A suspect or any other person involved in criminal activity who
supplies information without knowledge that they are doing so.
Control officer - A contact officer for the informant who is responsible for insuring paper
control of CI's completion of forms relating to a Cl.
IV. PROCEDURES
o
A. CRITERIA TO ESTABLISH A CONFIDENTIAL INFORMANT (CI)';
1. Use of an individual, as an informant shall be documented, whickiwudgs
establishing the department's expectations of the informay. Tin
supervisor of the control officer shall approve acceptance and use of an
informant.
2. When advising an informant of departmental expectations, the informant
shall be advised:
a. That their only purpose is to assist the department.
b. They are prohibited from engaging in any illegal activity while acting as
an informant.
c. They have no power of arrest and are not permitted to conduct
searches, or carry a weapon.
d. They must not compromise the department's interests and activities;
and
e. They must accept the measure of direction necessary to effectively
and safely utilize his /her services.
3. The control officer has the responsibility to initiate documentation. This
shall be accomplished by the use of a CONFIDENTIAL INFORMANT
AGREEMENT form.
4. A permanent sequential Confidential Informant Identification Number will
be assigned by the Commander - Investigations Section.
5. The informant's name should not appear outside the Confidential
Informant File. The informant shall not be referred to in future reports
except by the assigned informant number.
6. The control officer shall be responsible for completing an Informant Data
form, which contains personal information about the informant.
OPS -18.3
B. CENTRAL INFORMANT REGISTRY
1. All informant files will be secured in the office of the Commander -
Investigations Section.
2. The Informant file will be maintained with the following information:
a. Informant payment record
b. Current photograph;
c. Fingerprints when possible;
d. Signed Confidential Informant Agreement form.
e. Informant Data form.
f. Receipts for purchases of information and assistance.
g. Copies of statements signed by the informant.
h. Any administrative correspondence pertaining to the informant.
I. Any deactivation report or declaration of unsatisfactory behavior.
j. Criminal history.
k. Associates.
I. Personal idiosyncrasies.
3. No expense report will be approved for an informant who is not registered.
4. Each quarter the Commander - Investigations Section shall forward a
report to the Commander of Field Operations, which includes:
a. Total number of informants.
b. Number of informants deactivated in the recent quarter and the
reason.
c. All funds expended on confidential informants.
5. The Central Informant Registry shall be open to inspection by the Chief of
Police or designee, and /or the Commanding Officer Field Operations.
6. Sworn personnel may review an individual's informant file upon approval
of the Commander - Investigations Section. The requesting officer shall
submit a written request explaining the need for review. A copy of the
request for review shall be maintained in the Ci's file.
C. CENTRAL INFORMANT REGISTRY SECURITY
1. The Commander of Investigations shall be responsible for the security of
all files in the Central Informant Registry. These files shall be kept in a
separate and secure storage facility segregated from other files.
2. When unattended, the storage facility shall be kept locked.
3. Access to files shall be limited to those employees having a legitimate
need, as determined by the Commander - Investigations Section or
Commanding Officer Field Operations.
4. An informant file shall not leave the Commander - Investigations Section
office without the commander's approval or the approval of the
Commanding Officer Field Operations.
5. A sign -out log shall be maintained indicating the date, time,_ inforrant
number, time in and out, and the signature of the person mewing44 e
file. t_ n
-- O
Y -
OPS -18.4
D. CONTACTING AND USE OF INFORMANTS
1. Investigators shall make reasonable efforts to independently corroborate
information to ensure that the informant/source is not required to testify in
court; however, the informant/source shall be informed that the necessity
of in court testimony is a possibility. .
2. Investigators shall meet with informants /sources in places, which do not
expose the informant/source to being recognized.
3. When contacting an informant/source of the opposite sex, a second
officer should be present.
4. It shall be the responsibility of the control officer to control the
informant/source.
5. Individuals currently subject to the custody of the Department of
Corrections, (on Probation or Parole) should not be used as informants
except under the following conditions:
a. The investigating officer has contacted and received written consent
from the person parole or probation officer to allow the Cl to participate
in the investigation. and
b. The Ci's criminal history and the written consent form shall be included
in the Ci's file.
6. Informants will be arrested if found engaging in illegal activity.
7. Informants will not take, nor the department condone, any actions that
would constitute entrapment.
8. All relationships with informants shall be on a professional basis.
Personal relationships with informants are prohibited.
E. FINANCIAL TRANSACTIONS WITH INFORMANTS AND SOURCES
1. Limited funds are available to conduct financial transactions with
confidential informants and sources.
2. All monies provided to confidential informants shall be documented.
3. The money shall be obtained from the Commander - Investigations
Section.
4. These funds shall be maintained and accounted for by the Commander -
Investigations Section.
5. On an annual basis, the Commander of Administrative Services shall
audit the funds.
6. When paying an informant/source in cash, a second officer should
observe the transaction.
7. Payment for information or services provided by the informant/source
shall be documented on a Receipt of Confidential Funds form.
a. Once completed the form shall not be altered.
b. The receipt of confidential funds form shall be forward to ahe
Commander- Investigations Section and included in the mart ly
report. ?> _
c. The Receipt of Confidential Funds form shall contain the fottdwng: r r
1) A description of the information /evidence received. r`' �'
2) The amount of the payment.
3) The signature of the informant receiving the funds. v=-
4) The signature of the officer making the payment.
5) The signature of the officer witnessing the payment. '-'
OPS -18.5
8. Payment of informants and sources are made in connection with
anticipated results and expected outcome from the information received.
9. Informant funds may be used for information and introduction or recovery
of evidence.
10. When supervisors are determining authorization for payment, they shall
consider the following:
a. How critical is the information to the case?
b. Nature of the information.
c. Motivation of the informant.
d. Is the information verifiable?
e. Cultivation of the informant.
f. Reliability of the evidence and /or informant.
g. How timely is the information?
h. Is information pertinent to case goals?
i. Investigator's rationale.
11. Supervisors should always be aware that overpayment or continued high
payments may result in the informant having motivation to manufacturing
information or obtain it illegally.
12. Payment Authorization Guidelines (per incident)
.a. Up to $500 - Commander- Investigations Section
b. Up to $1000 - Commander Officer of Field Operations or
Administrative Services.
c. Above $1000 - Chief of Police or designee.
13. When using confidential funds which are provided pursuant to an
agreement between the Iowa City Police Department and a State or
Federal agency, the agreement's requirements for receipt of these funds
shall be followed. When in conflict with departmental policy, a decision
shall be made by the Commanding Officer Field Operations.
F. JUVENILE INFORMANTS
While the Iowa City Police Department prefers not to use juveniles as
informants, it is recognized that there are circumstances, where they may be
the best or only source of information. Therefore, juveniles may be used as
informants pursuant to the following guidelines.
1. The juvenile and a parent or guardian must meet with the control officer.
2. The juvenile informant and a parent or guardian must read and sign the
Confidential Informant Agreement form.
3. A parental consent form allowing the juvenile to assist in a criminal
investigation shall be read and signed by the parent or guardian of the
juvenile informant. O
4. All forms, agreements and information related to a particulaf r�uve�i#e
informant shall be kept in a secured file as outlined in (V, -B al,
maintained separately from adult informant files.
5. All other informant guidelines remain in effect `` r -71
y
OPS -18.6
G. DEACTIVATING AN INFORMANT
1. In the event that the continued use of an informant would prove
detrimental to the goals of the Iowa City Police Department or the safety
of its officers, if the informant has proven to be unreliable, or the informant
was activated on a particular case and it has been adjudicated, the
informant will be deactivated. The deactivation will be communicated to
the informant and the date and time documented on the confidential
informant status report.
2. Deactivation may be accomplished by an officer completing a Confidential
Informant Status Report noting the reasons why an informant should be
deactivated.
3. Upon approval of the Commander - Investigations Section, the informant's
assigned informant number and corresponding file will be marked
"DEACTIVATED ". An unreliable informant's file will be classified as
deactivated.
4. A deactivated informant file will be maintained in the confidential record
file, however the informant will not be utilized as an informant without
approval by a supervisor and appropriate corroboration of all information.
WARNING
administrative sanction's.
RA. Winkelhake, Chief of Police
C-)
03
IOWA CITY POLICE DEPARTMENT
USE OF FORCE REPORT
July 2004
OFFICER DATE INC # INCIDENT
FORCE USED
11 07 -01 -04 4 -35710 Traffic Stop
After being stopped for a traffic
violation the subject fled on foot.
When the officer found him hiding in
some bushes he was ordered to come
out or he would be sprayed with a
_
chemical agent. When the subject
disregarded the officer command to
I ; J
come out the officer deployed a
_ J
chemical agent. At this point the
—^
subject came out and the officer was
` -
able to get one hand in a handcuff. The
subject would not place his second
(,
hand behind his back so the officer
used an active counter measure which
distracted the subject enough that the
officer was able to place the other hand
in a handcuff
30 07 -01 -04 4 -35864 Warrant Arrest
After being placed under arrest the
subject advised the officer that she was
going to kill herself. While standing
next to the patrol car she began banging
her head against the car. The officer
restrained her until she calmed down
and was then taken to jail.
18 07 -03 -04 4 -36137 Suspicious Activity
When the subject was told to spit the
cocaine out of his mouth he attempted
to run. The officer caught him and
directed him to the ground. When the
subject actively resisted, the officer
unsuccessfully applied active counter
measures. After the officer deployed a
chemical agent the subject complied
with officer commands.
55 07 -04 -04 4 -36322 Domestic Assault
The subject who had just assaulted a
female ran from officers who caught
and directed him to the ground. When
he actively resisted being handcuffed
the officer deployed a chemical agent.
The subject then cooperated with
officer commands.
26, 88, 95 07 -05 -04 4 -36617 Warrant Arrest
While officers were entering the front
of the residence the subject went out
the back. An officer who was in the
back ordered him to stop and to place
OFFICER DATE INC # INCIDENT
FORCE USED
his hands behind his back. Initially the
subject complied but then attempted to
flee. The officer caught him as he
attempted to go over a fence. The
r---
officer was able to hold him there until
other officers arrived. While waiting
=;
for the other officers the subject
r'-
-=
continued to kick and squirm in order
to get away. When the other officers
arrived he was directed to the ground
L
where he continued to resist until he
was handcuffed.
�l
30 07 -05 -04 4 -36655 Injured Animal
The officer used his side arm to
dispatch an injured/sick raccoon.
11 07 -08 -04 4 -37123 Domestic Assault
The officer responded to a complaint of
a domestic assault in which the suspect
was armed with a knife. The officer
pointed his sidearm at the suspect until
she was secured in handcuffs.
IS 07 -10 -04 4 -37505 Verbal Altercation
After separating a male and female who
had been in an argument the male
attempted to push past the officers to
get at the female. The officer directed
him to the ground where he was
handcuffed.
58, 15 07 -13 -04 4 -38005 Welfare Check
After the subject was arrested and
handcuffed he refused to get into the
patrol car. The officer used pressure
points to direct him into the backseat of
the car.
59, 27, 19 07 -13 -04 4 -38188 Robbery Investigation
While searching the business in which a
man had just been shot the officers had
their side arms out.
9 07 -14 -04 4 -38395 Medical Assist
The officer assisted EMS by holding a
patient down while they put restraints
on him.
38 07 -16 -04 4 -38567 Violation of No Contact
The arrested subject disregarded 20 to
Order
30 requests by the officer to get in the
back seat of the patrol car. After being
warned by the officer that he would
deploy a chemical agent if he didn't
comply, the officer did deploy the
chemical agent. The subject then
complied with all the officer requests.
18 07 -22 -04 4 -39586 Injured Animal
The officer used his side arm to
OFFICER DATE INC # INCIDENT FORCE USED
dispatch an injured raccoon.
13, 11 07 -25 -04 4 -40184 Fight The subject, who was observed striking
and choking a subject on the ground
disregarded officer commands to stop.
The officers pulled the subject off of
the victim and attempted to place him
in handcuffs. Because the subject
physically resisted officers, one officer
used active counter measures to place
the subject's hands behind his back to
place him in handcuffs.
19 07 -27 -04 4 -40642 Injured Animal The officer used his side arm to
dispatch an injured opossum.
CC: City Manager, Chief, Captains, Lieutenants, Training Sergeant, City Clerk, Library
DEPARTMENT MEMO 04 -38
TO: Chief RJ Winkelhake
Captain Matt Johnson
FROM: Captain Widmer
REF: May /June Use of Force Review
DATE: August 10, 2004
y'
O
Cl)
CTl
v�
The bi- monthly "Use of Force Review Committee met on August 10, 2004. It was composed of
the following personnel;
Captain Widmer
Sgt. Lord
Sgt. Krei
Officer McMartin
The review of the submitted reports for May (19 incidents -29 reports) and June (14 incidents -17
reports) revealed no policy or training concerns. Of the 33 incidents, 5 (15 %) were for
destruction of an animal.
A total of five reports were return for reason of needing to clarify a documented injury. When
officers note an injury, either to the suspect or the officer, briefly report in the narrative what the
injury is and how it was sustained.
One report was returned for not documenting that a supervisor had given permission to destroy
an animal.
Reports with issues are being returned to respective Watch Commanders. See me if you have
any questions.
Copy: City Manager, PCRB, Watch Commanders
September 14, 2004 Mtg Packet
PCRB COMPLAINT DEADLINES
PCRB Complaint #04 -02
Filed: 07/08/04
Chiefs Report due: 10/06/04
Chiefs Report filed:
PCRB Report due:
POLICE CITIZENS REVIEW BOARD
OFFICE CONTACTS
August 2004
Date Description
NONE