HomeMy WebLinkAbout10-19-2004 Police Citizens Review BoardAGENDA
POLICE CITIZENS REVIEW BOARD
October 19, 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 09/14/04
• ICPD General Order #99 -01 (Police Vehicle Pursuits)
• ICPD Standard Operating Guideline #01 -03 (Emergency Communications)
• ICPD Department Memo #04 -50 (July /August Use of Force Review)
• ICPD Quarterly /Summary Report (Quarter 3) — IAIR/PCRB, 2004
• ICPD Use of Force Report — August 2004
• ICPD Use of Force Report — September 2004
ITEM NO.3 REPORT FROM NOMINATING COMMITTEE
ITEM NO.4 CONSIDER MOTION TO FIX METHOD OF VOTING
COMMENT: As the By -Laws do not prescribe the method of voting, the Board will need
to make a motion to fix the method of voting. Nominations can be made by balloting or
from the floor. Voting can be by voice vote, show of hands, or ballot. The Board should
decide if the basis for decision is majority vote of the total membership and procedure
for canvass of ballots.
ITEM NO. 5 NOMINATIONS FOR OFFICE OF CHAIRPERSON
MOTION TO CLOSE NOMINATIONS
BALLOT OR VOTE
ITEM NO. 6 NOMINATIONS FOR OFFICE OF VICE - CHAIRPERSON
MOTION TO CLOSE NOMINATIONS
PCRB -Page 2
October 19, 2004
BALLOT OR VOTE
ITEM NO. 7
NEW BUSINESS
ITEM NO. 8
OLD BUSINESS
• Proposed changes to Standard Operating Procedures
ITEM NO. 9
PUBLIC DISCUSSION
ITEM NO. 10
BOARD INFORMATION
ITEM NO. 11
STAFF INFORMATION
ITEM NO. 12
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. 13 MEETING SCHEDULE and FUTURE AGENDAS
• November 9, 2004, 7:00 P.M., Lobby Conference Room
• December 14, 2004,7:00 P.M., Lobby Conference Room
• January 11, 2005, 7:00 P.M., Lobby Conference Room
ITEM NO. 14 ADJOURNMENT
MEMORANDUM
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
DATE: October 15, 2004
TO: PCRB Members
FROM: Kellie Tuttle
RE: Board Packet for meeting on October 19, 2004
Enclosed please find the following documents for your review and comment at the next board
meeting:
• Agenda for the meeting on 10/19/04
• Minutes of the meeting on 09/14/04
• ICPD General Order #99 -01 (Police Vehicle Pursuits)
• ICPD Standard Operating Guideline #01 -03 (Emergency Communications)
• ICPD Department Memo #04 -50 (July /August Use of Force Review)
• ICPD Quarterly /Summary Report (Quarter 3) — IAIR /PCRB, 2004
• ICPD Use of Force Report — August 2004
• ICPD Use of Force Report — September 2004
• PCRB Complaint Deadlines
• PCRB Office Contacts — September 2004
• Draft #2 Standard Operating Guidelines
• PCRB Correspondence to former member John Stratton
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.orq
DRAFT
POLICE CITIZENS REVIEW BOARD
MINUTES — September 14, 2004
CALL TO ORDER: Chair Loren Horton called the meeting to order at 7:00 p.m.
MEMBERS PRESENT: Candy Barnhill, Beth Engel, Loren Horton, Greg Roth and Roger Williams
MEMBERS ABSENT: None
STAFF PRESENT: Legal Counsel Catherine Pugh and Staff Kellie Tuttle
OTHERS PRESENT: Capt. Tom Widmer of the ICPD and Jane Slusark from the Daily Iowan
CONSENT
CALENDAR Motion by Williams, seconded by Roth, to adopt the consent calendar.
• 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
Motion carried, 5/0.
NEW BUSINESS Horton selected the Nominating Committee. Greg Roth will act as Chair and Roger
Williams will serve on the committee as well. The committee will meet and select their
nominations for Chair and Vice -Chair and report back to the Board at the October
meeting.
OLD BUSINESS Proposed changes to Standard Operating Procedures. The Board received a draft of
the proposed changes to the Standard operating Procedures. The following changes
were made and a final draft will be review in October:
1. On the cover sheet spell out Police Citizens Review Board instead of PCRB then
follow with (hereafter referred to as PCRB).
2. Section I. Complaint Process was to add "complaints about alleged" before police
misconduct on the third line of the first paragraph.
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 PCRB members in the next meeting packet."
5. Subsection A & B to end in colons, and B to read, "Procedures for complaints subject
to summary dismissal follow:"
6. Subsection B, number 2, second line to read, "shall include a cover letter from the
PCRB indicating that it appears to be an untimely...."
7. 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".
8. 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 -3in 5a and 5b.
PCRB — Page 2
DRAFT
September 14, 2004
9. Subsection B, number 5(a)(1) and 5(b)(1) striking "going" in the first line. Number
5(a)(2) and 5(b)(2) also striking "going" in the first line and also striking everything
after IC Police Department at the end of the paragraph in 5(a)(2).
10. Section III. Subsection B(2), changing "the Civic Center" to read "City Hall." and
deleting the rest of the paragraph.
Motion by Roth, seconded by Williams, to adopt the Standard Operating Procedures as
amended without further review. There was discussion by the Board as to whether they
wanted a second draft to make a final review after changes were made. Motion
defeated, 2/2, Horton not voting. The Board will review a second draft at their October
meeting.
PUBLIC
DISCUSSION
Widmer apologized for not being at the start of the meeting, but he was accepting an
award on behalf of the ICPD from the Governors Traffic Safety Bureau for Iowa City
Citizens, recognizing the community for having as ninety percent plus rate for seatbelt
usage. He also mentioned the new Herky statue out in front of City Hall. Officer Herky is
in honor of Captain Lee, Iowa City Police Department.
BOARD
INFORMATION
Barnhill inquired as to the purpose /meaning of a "welfare check" as used on the Use of
Force report from the ICPD. Widmer explained that they get many calls that are non-
criminal in nature, but they have no one else to call. Someone could call regarding a
person walking down the street who appears to be in need of help, or someone lying in a
yard. They would go out and determine that person's welfare. It can be a family
checking in on a loved one or a citizen observing someone who appears to need some
help.
Horton requested staff to draft a document for John Stratton thanking him for his years of
service on the board. He also mentioned that the Board needs to discuss the procedure
for absences for members of the Board. He thought the best time to discuss this would
be after the Board elected the new chairperson next month.
STAFF
INFORMATION
None.
EXECUTIVE
SESSION Not needed.
MEETING SCHEDULE
• October 12, 2004, 7:00 P.M., Lobby Conference Room (changed to October 19th)
• November 9, 2004, 7:00 P.M., Lobby Conference Room
• December 14, 2004, 7:00 P.M., Lobby Conference Room
Horton announced he could not attend the October 12th meeting, Williams and Barnhill
were unsure if they would be able to make it. The remaining members were available.
There was discussion on changing the meeting.
Motion by Barnhill, seconded by Williams, to change the October meeting date from the
12th to the 19th. Motion carried, 5/0.
ADJOURNMENT Motion by Barnhill, seconded by Engel, to adjourn. Motion carried, 5/0. Meeting
adjourned at 7:56 P.M.
OPS 02.1
INDEX AS:
o
°
Use of Force
Tire Deflation Devices j
r
Vehicle Pursuits
n
31
N
Reports
I. PURPOSE
to be followed durin�'
It is the purpose of this policy to
state the guidelines
vehicular pursuits.
II. POLICY The initiation of a pursuit is justified when, in the officer's
judgement, a suspect exhibits the intent to avoid arrest using a motor
vehicle to flee. Initially the officer must determine if the necessity of
immediate apprehension outweighs the level of danger created by the
pursuit. This evaluation must continue throughout the course of the
pursuit by the officer and his /her supervisor. All pursuits will be conducted
in strict accordance with section 321.231 of the code of Iowa and all
emergency vehicles will utilize both audible and visual signaling devices
when engaged in pursuits.
OPS 02.2
III. DEFINITIONS
321.231 Authorized emergency vehicles and police bicycles.
1. The driver of an authorized emergency vehicle, when
responding to an emergency call or when in the pursuit of an
actual or suspected perpetrator of a felony or in response to
an incident dangerous to the public or when responding to
but not upon returning from a fire alarm, may exercise the
privileges set forth in this section.
2. The driver of any authorized emergency vehicle, may:
a. Park or stand an authorized emergency vehicle,
irrespective of the provisions of this chapter.
b. Disregard laws or regulations governing direction of
movement for the minimum distance necessary before an
alternative route that conforms to the traffic laws and
regulations is available.
3. The driver of a fire department vehicle, police vehicle, or
ambulance, or a peace officer riding a police bicycle in the
line of duty may do any of the following:
a. Proceed past a red or stop signal or stop sign, but only
after slowing down as may be necessary for safe
operation.
b. Exceed the maximum speed limits so long as the driver
does not endanger life or property.
4. The exemptions granted to an authorized emergency vehicle
under subsection 2 and for a fire department vehicle, police
vehicle or ambulance as provided in subsection 3 shall apply
only when such vehicle is making use of an audible signaling
device meeting the requirements of section 321.433, or a
visual signaling device approved by the department except
that use of an audible or visual signaling device shall not be
<< required when exercising the exemption granted under
subsection 3, paragraph "b" of this section when the vehicle
C�j, l �, is operated by a peace officer, pursuing a suspected violator
=` of the speed restrictions imposed by or pursuant to this
Q chapter, for the purpose of determining the speed of travel of
such suspected violator.
`a a. Police bicycles shall be operated in accordance with
General Order 00 -07 Police Cyclist.
b. The operator of a police bicycle, may, in the line of duty,
do any of the following; Proceed past a red or stop signal
or stop sign, but only after slowing down as may be
OPS 02.3
necessary for safe operation; Exceed the maximum
speed limits so long as the driver does not endanger life
or property.
5. The foregoing provisions shall not relieve the driver of an
authorized emergency vehicle from the duty to drive with due
regard for the safety of all persons, nor shall such provisions
protect the driver from the consequences of the driver's
reckless disregard for the safety of others.
Pursuit - For the purpose of this policy, pursuit means chasing a fleeing suspect.
IV. PROCEDURES
A. Initiation: The pursuing officer must carefully consider the safety of
persons and property before engaging in a vehicular pursuit. Some
of the factors that should be considered when determining whether
to initiate, continue or terminate a vehicular pursuit are:
1. Time of day - high speed pursuits occurring during a time
when there is a high level of activity (businesses, schools),
are normally more hazardous than those occurring during
periods of low activity.
2. Volume of vehicular traffic - pursuits occurring during periods
of heavy traffic flow are more hazardous than those
occurring at other times.
3. Location of pursuit - pursuits through residential areas or
along streets near or adjacent to schools are normally more
hazardous than those in lightly populated areas.
``' ✓' 4. Weather conditions.
5. Road conditions.
6. Speed involved.
7. Nature of the offense - pursuits for persons suspected of
involvement in felonies are viewed as more justifiable than
those for persons suspected of traffic or other misdemeanor
violations. However, there shall be no assumption that the
commission or suspected commission of a felony constitutes
automatic authorization to pursue by vehicle.
8. The condition of the police vehicle should be considered.
9. Consideration should be given to the driving skills of the
pursuing officer.
OPS 02.4
10. Consideration should be given to whether the offender can
be identified and therefore apprehended by other means?
B. Officers shall be familiar with and use the following Pursuit Decision
Matrix as guidance in determining whether to initiate or continue a
pursuit. The Pursuit Decision Matrix is very similar to the Use of
Force Continuum as set out in the Department's Use of Force
policy. It is a guide designed to assist the officers in their use of
discretion and shall be followed when making vehicular pursuit
decisions. The degrees of risk associated with vehicular pursuit in
specific circumstances are defined as follows:
PURSUIT DECISION MATRIX GUIDES
LOWER RISK
1. Marked vehicles
2. Straight roads, good surfaces, clear line of sight
3. Few intersections
4. Few or no pedestrians
5. Good weather
6. No hazardous maneuvers by violator
7. Speeds at or less than 20 m.p.h. over the posted limit
8. Officer is calm and in control
9. Lack of special circumstances (i.e., school zones, hospitals,
etc.)
MODERATE RISK
1. Some intersecting streets (i.e., residential area)
2. Light pedestrian traffic
3. Moderate traffic, little congestion
4. Speeds 20 m.p.h. greater than the posted speed limit
5. Officer generally calm, under control
6. Some hazardous, but not extreme maneuvers (i.e., crossing
center line to pass vehicles, sudden lane changes) by the
violator.
HIGH RISK
1. Frequent intersecting streets (i.e., a business district)
2. Poor weather, slippery streets, low visibility
3. Blind cures or intersections, narrow streets
4. Numerous pedestrians
5. Heavy, congested traffic
6. Speed twice the posted speed limit, or greater than 80
m.p.h.
OPS 02.5
7. Extremely hazardous maneuvers (i.e., driving against
oncoming traffic, failing to stop for red lights) by the violator
8. Numerous vehicles in pursuit
9. Officer excited, not in full control of emotions
10. Existence of special circumstances (i.e., school zones,
hospitals, etc.)
NOTATION
The courts have decided that the officer will be judged from the perspective of a
reasonable officer on the scene (Graham V. Conner). With this in mind, officers
should give serious consideration to all of the factors before deciding to initiate a
pursuit and continue to evaluate the need to pursue versus terminating the
pursuit.
PURSUIT DECISION MATRIX
NATURE OF
OFFENSE
VIOLENT FELONY
IMMINENT
THREAT
FELONY - VIOLENT
CRIMES
C-3
acs
i
c -�
LOWER RISK
May Pursue.
Continue To Assess
Risk.
May Pursue.
Continue To Assess
Risk.
May Pursue.
Continue To Assess
Risk
May Pursue.
Continue To Assess
Risk.
May Pursue.
Continue To Assess
Risk.
May Pursue.
Discontinue If Risks
Exceed Known
Threat To Public
Safety If Capture Is
OPS 02.6
Officers must continually assess the nature of the offense against the risk factors.
An officer's response must be consistent with the Pursuit Decision Matrix.
C. Notification - When a motor vehicle pursuit is initiated, it shall be
immediately reported to the Emergency Communications Operator
by the initiating officer. The initial information will include:
The reason for the pursuit
2. The location, speed, and direction of travel
3. The description of the fleeing vehicle, including license plate
number.
4. The number of occupants and description of occupants if
observed.
5. The officer will update the information as it becomes
available or changes.
D. Communication Center Responsibilities - Communications during a
pursuit is vital to the safe apprehension of the offender as well as
the safety of the officers and bystanders. The communications
center will have the following responsibilities:
1. Immediately upon receiving information that an officer is in
pursuit, the ECO will advise all other non - emergency radio
traffic to stand by and give the pursuing officer priority use of
PD1. The ECO will advise the pursuing officer of any
pertinent information concerning the area of the pursuit.
2. Notify a watch commander /supervisor of the pursuit in
progress.
U °, r 3. The ECO shall record on the CAD log all the information
i t j furnished by the officer during the pursuit.
4. As long as the pursuit is continued, the ECO will manage the
pursuit communications by re- broadcasting transmissions of
relevance to other units involved.
5. Contact surrounding agencies and advise them of the
pursuit. We do not encourage involvement of other agencies
in the pursuit other than for perimeter control and assistance
in attempts to identify the violator unless specifically
requested otherwise.
OPS 02.7
6. When the pursuit leaves the city limits, or it is reasonably
imminent that it will, the ECO will contact the appropriate law
enforcement agency with necessary information.
7. As time permits, the ECO will run vehicle and registered
owner information and broadcast pertinent information.
E. Supervisory Responsibilities
1. A supervisor shall assume control of all pursuits. This can
be accomplished through radio communications.
Supervisors will monitor all pursuits and approve any special
tactic that will be used.
2. In the event the supervisor initiates the pursuit, they should
relinquish that position as soon as another unit becomes
available and assume control of the pursuit as specified in
subparagraph (1) above.
3. The supervisor's foremost considerations shall be officer and
bystander safety, methods of identifying the fleeing suspect,
tactics to stop the fleeing vehicle, and coordination of all
officers.
4. Supervisors shall intervene and correct any misuse of police
personnel involved in the pursuit.
5. The supervisor may, at any time, order the termination of the
pursuit when, in their judgement, the necessity of
Ca apprehension is outweighed by the level of danger created
by the pursuit.
ii 6. Supervisors shall also assure that sufficient patrol strength is
C-3 maintained within the city to handle routine calls for service.
7. The supervisor in charge of the incident shall approve any
special tactics to stop the vehicle.
< -w
F. Pursuit Tactics
NOTE: Pursuit at high speeds under the best of conditions is
an extremely dangerous situation. Any tactic contemplated
when high speed is involved, requires advance planning,
taking into consideration the factors surrounding the incident
at hand. Safety is the foremost consideration. The following
OPS 02.8
are some possible alternatives to consider when determining
methods of stopping the fleeing vehicle.
1. Consider alternatives, through radio communication and the
assistance of other police officers. A determination should
be made as to whether the offender can be identified and
apprehended later.
2. Give the offender an opportunity to stop by placing a patrol
vehicle alongside the road with pursuit lights on and an
officer in a safe location directing the suspect to stop.
3. Use fuses or traffic cones to set up an apparent roadblock in
advance of the pursued vehicle. Remember to clear the
road and select a safe location.
4. Use tire deflation devices to bring vehicles to a controlled
stop.
5. Do not use the spotlight focused on the back window of the
pursued vehicle.
6. Stationary roadblocks - because of the inherent danger of
the use of stationary roadblocks in pursuit situations, it is the
policy of this department that stationary roadblocks will be
used for the purpose of stopping fleeing vehicles only:
a) As a last resort, in those exigent cases where the use
of deadly force would be justified to prevent injury or
death to the officer or other persons, a stationary
roadblock may be considered. If suitable materials
such as construction barricades are not available,
unoccupied police vehicles with emergency lights in
operation may be used, as directed by the watch
commander /supervisor.
b) Stationary roadblocks will only be set up with the
authorization of the supervisor in charge of the
incident. To avoid creating an unnecessary hazard to
pursuing officers and innocent persons, the roadblock
will be located in an area of high visibility which
provides a safe stopping distance for oncoming traffic.
Under no circumstances will roadblocks be barricaded
by occupied or private vehicles and all efforts will be
made to remove private vehicles from the path of the
pursuit.
OPS 02.9
6. Moving roadblocks are prohibited without the express
authorization of the supervisor in charge of the incident.
7. Ramming will only be considered to stop a fleeing vehicle as
a last resort, and then only in those extreme cases where
the use of deadly force is justified to prevent injury or death
to the officer or other persons. The officer must consider the
extreme danger to himself /herself, occupants of other
vehicles and other users of the roadway. Permission to
make deliberate contact with the offender's fleeing vehicle
will be received from the supervisor prior to initiation of the
act.
8. Specialized Police Vehicles
a) Officers operating unmarked vehicles, equipped with
visual and audible signaling devices, may engage in
pursuits only when the fleeing vehicle . presents an
immediate threat to persons or property and then only
until a marked unit is available to assume the pursuit,
at which point the unmarked will withdraw and serve
only in a support role.
b) Police vehicles without emergency equipment, i.e.,
visual or audible signaling devices, SHALL NOT
ENGAGE IN PURSUITS with one exception. In those
cases where the fleeing vehicle presents an
immediate threat of death or serious injury, they may
participate until marked police units arrive.
9. Following the Fleeing Vehicle
a) All units will be spaced in such a manner to allow time
to react to evasive maneuvers of the fleeing vehicle or
another police vehicle.
b) Officers will not pursue the fleeing vehicle the wrong
way on interstate or controlled access roadways, or
one way streets, unless specifically authorized to do
so by a supervisory officer.
10. Aid to Outside Agencies
a) Whenever units of another law enforcement agency
are engaged in a pursuit and request assistance from
the Department, the requesting agency shall advise
the emergency communications center of the nature
of the offense and the description of the fleeing
vehicle before a police vehicle from the Department
joins in the pursuit. If an outside agency contacts an
Iowa City officer directly, requesting assistance in a
cv
�
c
OPS 02.9
6. Moving roadblocks are prohibited without the express
authorization of the supervisor in charge of the incident.
7. Ramming will only be considered to stop a fleeing vehicle as
a last resort, and then only in those extreme cases where
the use of deadly force is justified to prevent injury or death
to the officer or other persons. The officer must consider the
extreme danger to himself /herself, occupants of other
vehicles and other users of the roadway. Permission to
make deliberate contact with the offender's fleeing vehicle
will be received from the supervisor prior to initiation of the
act.
8. Specialized Police Vehicles
a) Officers operating unmarked vehicles, equipped with
visual and audible signaling devices, may engage in
pursuits only when the fleeing vehicle . presents an
immediate threat to persons or property and then only
until a marked unit is available to assume the pursuit,
at which point the unmarked will withdraw and serve
only in a support role.
b) Police vehicles without emergency equipment, i.e.,
visual or audible signaling devices, SHALL NOT
ENGAGE IN PURSUITS with one exception. In those
cases where the fleeing vehicle presents an
immediate threat of death or serious injury, they may
participate until marked police units arrive.
9. Following the Fleeing Vehicle
a) All units will be spaced in such a manner to allow time
to react to evasive maneuvers of the fleeing vehicle or
another police vehicle.
b) Officers will not pursue the fleeing vehicle the wrong
way on interstate or controlled access roadways, or
one way streets, unless specifically authorized to do
so by a supervisory officer.
10. Aid to Outside Agencies
a) Whenever units of another law enforcement agency
are engaged in a pursuit and request assistance from
the Department, the requesting agency shall advise
the emergency communications center of the nature
of the offense and the description of the fleeing
vehicle before a police vehicle from the Department
joins in the pursuit. If an outside agency contacts an
Iowa City officer directly, requesting assistance in a
OPS 02.10
pursuit, it will be the responding officer's responsibility
to advise a watch supervisor and communications of
the request and the circumstances surrounding it.
b) The watch commander /supervisor must approve the
request before any action is taken.
c) No more than two Iowa City Police Vehicles will
actively become involved in a pursuit initiated by an
outside agency. This DOES NOT preclude other
officers from deploying tire deflation devices, blocking
intersections or otherwise assisting the outside
agency.
d) In instances where a vehicle is pursued by two or
more vehicles from an outside agency only one Iowa
City Police Vehicle may actively become involved in
the pursuit. The operator of this vehicle shall
communicate the speed, direction of travel and other
information to the Iowa City Emergency
Communications Center.
11. Firearms
a) Except under the following circumstances, shooting
from or at a moving vehicle is prohibited.
(1) When an occupant of the fleeing vehicle is utilizing
deadly force against the police officer or other
persons.
(2) As a last resort to prevent death or serious injury
to the officer or other person(s).
(3) As a last resort to apprehend a person who has
just committed a felony resulting in death or serious
injury.
b) The discharge of firearms shall not be utilized when
r'
the circumstances do not provide a high probability of
striking the intended target or when there is a
substantial risk to the safety of other persons,
including risks of causing vehicle accidents.
12. Number of Pursuit Vehicles
a) The number of Iowa City Police vehicles actively
involved in a pursuit should be limited to two vehicles,
a primary unit and a secondary unit. Other officers
will be kept informed of the pursuit and should be in a
position to assist if the pursuit enters their area of
responsibility.
b) There will be no caravan of police vehicles attempting
to join the pursuit.
OPS 02.11
c) There will be no attempt by officers engaged in the
pursuit to pass other units involved in the pursuit
unless permission is given by the supervisor in charge
of the pursuit.
TERMINATION OF PURSUIT
A. Pursuit shall be terminated under any one of the following reasons:
A supervisor or higher authority orders the pursuit
terminated.
2. Upon the determination of the pursuing officer that, the
danger to the officers or others in the area outweighs the
necessity for immediate apprehension.
3. The offense is a traffic infraction, misdemeanor or other non-
violent felony and the identity of the violator is known.
4. Visual contact is lost or the distance between the officer and
the pursued vehicle is so great that further pursuit is futile.
5. The pursuing officer believes that the fleeing vehicle is being
operated by a juvenile and the offense constitutes a traffic
infraction, misdemeanor, or non - violent felony.
6. When there is an equipment failure involving the emergency
lights, siren, radio, brakes, steering or other essential
mechanical equipment.
B. While not necessarily dictating immediate action, serious and
continuing consideration should be given to termination of a pursuit
C-, under the following conditions:
\C 1. Environmental factors such as rain, fog or darkness
substantial) increase the danger of the pursuit.
Y � 9 P
�? C-1�'' - 2. Road conditions are congested by traffic or pedestrians,
c such as, at rush hour or in the area of any school.
T
C. The termination of a pursuit does not prohibit following the pursued
vehicle while obeying all traffic laws, or remaining in the area to re-
initiate contact if circumstances dictate.
OPS 02.12
REPORTING
A. The pursuing officer and watch supervisor will forward a written
report detailing the pursuit to the Division Commander before
completing their tour of duty. The report shall include:
1. Evaluation of the circumstances involved.
2. If the initiating officer followed the required procedures.
3. Were there other units involved and did they follow
procedures.
4. Did communications perform their responsibilities.
5. Did supervisors perform their responsibilities.
6. Was force used to stop the vehicle, i.e. roadblocks or
controlled stopping devices.
7. Were procedures followed regarding termination of pursuits.
B. The supervisor of the unit initiating the pursuit shall be responsible
for submission of a written analysis and critique of the pursuit
through the chain of command to the Chief of Police. The report
shall include an evaluation of the pursuit referring to the
circumstances and adherence to this policy.
C. A vehicular pursuit is deemed a "use of force ", hence a Use of
Force report must be completed.
C-3
C D. As a vehicular pursuit is deemed a "use of force ", the Department's
:s �J
Use of Force policy and Use of Force continuum apply to vehicular
pursuits.
R. J. inkelhake, Chief of Police
WONT( G
� a��c vaAIJ WI�
Iowa City Police Department
Standard Operating Guideline
SOG #:
Effective date:
01 -03
October 19 2001
Subject:
Reference: Communications
Emergency Communications
Section:
Issue #:
Support Services
2 09/04
Com and Si natur :
Purpose: The purpose of this guideline is to identify the procedures used by
Emergency Communications personnel for communications with the public or
police personnel when responding to calls for service. r--�
Definitions:
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Procedures: D o
In order to maintain a uniform manner of communications and response to calls,
all members of the Iowa City Police Department shall abide by all state and
federal guidelines when using radio equipment. This includes adherence to FCC
procedures and requirements when using radio equipment.
All personnel shall restrict the use of radio communications equipment to
departmental business. Officers should contact the ECO upon beginning or
completing an assignment, upon a change of status, when leaving their vehicle
for any reason, when becoming engaged in any situation requiring police
intervention and other situations as necessary.
When the duty status of an officer changes, the ECO shall record the change of
status in the departments CAD system. Officers shall notify the ECO whenever
they are out of service (i.e. lunch break, out for investigation etc.). The out of
duty status shall be recorded on the departments CAD system.
While the CAD system is identifying the transmitting officer, when contacting
communications or another officer, the officer should initiate the contact by
identifying the person being contacted by badge number or as communications
followed by the calling officers badge number. Le. City -81 traffic...
When communicating with an outside agency, the calling party shall identify
themselves by agency and badge number. I.e. Johnson County SO from Iowa
City unit 81.
The number of officers assigned to a call will be determined by the nature of the
call and known history of the
location or individuals involved. The number of
officers responding to a call may be altered by the watch supervisor. Officers
may at anytime request additional units regardless of the nature of the call. The
following are recommendations
for response to various types of calls:
Violent offense in progress -
minimum of 2 officers
Potential burglary in progress-
minimum of 2 officers
Domestic in progress -
minimum of 2 officers O s
Potential weapon call
minimum 2 officers =�
After the fact report -
one officer --;- cv
Shoplifter no problem
one officer
Shoplifter problem
two officers
Property Accident clear road
one officer' _ `J
Property Accident blocked road
two officers 3; o
Injury accident
two officers
Disturbance call
two officers
Loud music call
one officer first response /two second response
Other calls will be responded to in manner to maximize officer safety and safe
efficient handling of the call.
Supervisors should respond to calls when a person has received a serious injury,
calls dispatched as involving weapons, calls which on its face may be a felony,
calls in which there is a significant public interest. Incidents in which there is a
high probability of City liability. Other calls at the discretion of the Watch
Supervisor.
RECIEPT OF CALL FOR SERVICE
Upon receipt of a call for service the ECO shall attempt to determine the
characteristics of the call including a determination as to if the call constitutes an
emergency. If a "non- emergency" call comes in on an emergency line the ECO
may take the call on the 911 line or request the caller call back on the "routine"
line. Calls coming in on the 911 system will have priority over calls coming in on
the "routine" lines.
Upon receipt of the call, to the extent practical, the receiving ECO should attempt
to determine the needs of the caller. If the call requires immediate response of
emergency personnel the ECO should advise the caller that assistance is
enroute and attempt to obtain relevant information. It the request for service is
an emergency which is outside the corporate limits of the City of Iowa City, the
ECO shall advise the calling party of the agency having jurisdiction and then
advise them that they will transfer the call to the appropriate agency. In cases of
a medical emergency, the ECO shall notify Johnson County Emergency Services
of the location and nature of the emergency. The Emergency Communications
Operator will provide emergency instructions to the caller in accordance with
national standards pertaining to EMD. All Iowa City ECOs' are National Academy
EMD certified and may provide first aid instructions over the phone in accordance
with the EMD protocols maintained in the communications center.
When the call is a request for information, the receiving ECO shall provide the
available information to the extent practical or refer the calling party to the
appropriate parry or agency. If the caller request to speak to a particular officer
the ECO should advise the person if the officer is on duty and if not, when they
are expected to return. Upon request the ECO will forward a message to the
officer. This may be done orally, in writing or electronically. If the caller is
requesting service that is provided by another agency, I.e. DVIP, RVAP,
Emergency Shelter etc, the ECO should supply the caller with the requested
information or referral phone number.
The ECO shall record all reports of crime, citizen complaints, any incident
causing a department member to be dispatched, all incidents initiated by
department members, all traffic stops and citations, in the CAD system. Each
entry will be automatically assigned a unique incident number "generated" by the
CAD system. All classifications of incidents requiring or resulting in an Incident
Report, Accident Report, OWI Report, Arrest Report, Acquisition of Property,
Arrest (other than traffic citation), or other incidents as determined by the officer
or a watch supervisor, shall be assigned a unique case number in addition to the
incident number.
To the extent possible the following information shall be included in the CAD
system:
1. Incident Number - automatically assigned
2. Date and time of request - (required field for acceptance) 0
3. Name, address, phone number of complainant
4. Type of incident reported (required for acceptance)
5. Location of the incident (required for acceptance)
6. Identification of primary and backup officers (required for acceptance) �
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7. Time of dispatch /assignment (required for acceptance)a
8. Time of arrival (required for acceptance)
9. Time of return to duty (required for acceptance) D o
10. Disposition or status of the call (required for acceptance) Assigned a 3 letter
code.
EMERGENCY PLAYBACK
The Communications section of the Iowa City Police Department has immediate
playback capability of incoming calls and radio traffic. The discs containing the
transmissions shall be retained for a period of at least 6 months and will be
maintained in the locked storage area maintained by the Communications
Supervisor.
Officers may request a replay of calls on their current watch. Requests for
playback of calls on previous watches should be routed through the ECO
supervisor or an on -duty watch supervisor. Copies of recordings may be made
upon request to the ECO Supervisor. All subpoenas for "tapes" of recordings
shall be forwarded to the ECO Supervisor.
EMERGENCY MESSAGES
Upon receipt of a request to deliver an "emergency" message, the ECO should
determine if the message meets the criteria set by NCIC and Iowa Department of
Public Safety. If the message meets the criteria the ECO may enter the request
in NCIC.
If the message request involves delivery of an emergency message to someone
in Iowa City, the ECO shall accept the message after determining the content of
the message, i.e. death or serious injury of a loved one, obtain call back phone
number for the requesting party and obtaining name, address and other pertinent
information about the "receiving" party. The ECO should contact a watch
supervisor for approval and assignment of the message. The message will be
assigned as soon as practical after receipt of the request. If the officer is unable
to make contact with the party, he /she may leave a message at the residence for
the person to contact the ICPD for an emergency message, or leave a note
requesting the person contact the ICPD at their earliest possible convenience.
Non - criminal Reports
ECOs' may accept / take reports relating to lost or found property. These reports
shall be recorded on the departments incident report form and as applicable,
property form. All incidents that are criminal in nature and accidents will be
assigned to an officer for follow up. The ECO receiving the call will note the call
including the time and category in the CAD system.
WARRANTS
When officers of the Iowa City Police Department obtain a new warrant, it shall
be routed to the Dispatch Center. Upon receipt, an ECO shall determine if there
is an existing warrant by our department on another offense for the person
involved. Prior to Iowa System /NCIC entry, the ECO shall obtain background
information on the individual from, but not limited to, sources such as license
checks, criminal history, vehicle registrations, etc. The ECO may also have
officers locally attempt service of the warrant.
If a warrant cannot be served immediately, it shall then be entered into t[Olowa c
System/NCIC. Entry in the Iowa System /NCIC shall be pursuant to IOWA Sys_tem�n
rules and regulations. Upon entry to Iowa System /NCIC a second EGO- shally' —�
verify the entry for accuracy.
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The ECO shall complete a "Wanted / Missing Person" worksheet as well as a
'Warrant Service Activity Log" which shall be attached to the original warrant.
The original warrant shall then be filed alphabetically in the Emergency
Communications Center. Access to warrants by department personnel shall be
available 24 hours a day.
The Emergency Communications Supervisor or their designee shall periodically
check warrants for updates and validity.
Upon notice of a wanted person being detained, an ECO shall physically verify
that the original warrant is in hand and still active. If an arrest of the subject is
made, the Iowa System /NCIC entry on the person shall be cancelled
immediately. The original warrant shall be delivered to the Johnson County
Sheriff's Office as soon as possible.
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DEPARTMENT MEMO 04 -50
TO: Chief RJ Winkelhake
Captain Matt Johnson
FROM: Captain Widmer
REF: July /August Use of Force Review
DATE: October 6, 2004
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The bi- monthly "Use of Force Review Committee met on October 6, 2004. It was composed of
the following personnel;
Captain Widmer
Sgt. Lord
Sgt. Krei
Officer Gonzalez
The review of the submitted reports for July (15 incidents -21 reports) and August (11 incidents-
14 reports) revealed no policy or training concerns. Of the 26 incidents, 3 (11.5 %) were for
destruction of an animal.
A total of two 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. There were five returned last month for this same issue. One
report was returned for listing 'but with subject" as a type of incident.
Reminder that when OC is utilized, the decontamination at U of I Hospital must be noted. Also,
when an incident calls for the drawing of sidearms /firearms, only one report listing all officers
involved is required.
Reports with issues are being returned to respective Watch Commanders. See me if you have
any questions.
Copy: City Manager, PCRB, Watch Commanders
I
MEMORANDUM
TO: Chief Winkelhake
FROM: Captain Johnson, Field Operations r
RE: Quarterly/Summary Report (Quarter 3)- IAIR/PCRB, 2004
DATE: October 1, 2004
Attached you will find the 2004 Quarterly Report, quarter 3, for the Iowa City Police
Department Internal Affairs /Police Citizen's Review Board investigative file.
cc: PCRB
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Year: 2004
[AIR/PCRB Quarterly- Summary Report
Quarter 3 (July - September)
I.A.I. #:04 -01
PCRB M
Incident Date:06 -21 -04
Incident Time:2:05PM
Location: 900 bik. Hwy 6 E
Date Assi ned:06 -23-04
Reason for Allegation:
1) Unlawful arrest
2) Improper conduct
Disposition: pending
I.A.I. #:04 -02
PCRB M 04 -01
Incident Date :06 -23 -04
Incident Time: 2:10AM
Location: 10 blk S. Linn
Date Assigned: N/A
Reason for Allegation:
1) Improper conduct/demeanor
Disposition: Did not involve Iowa City Police personnel; referred to other
agency
I.A.I. # :04 -03
PCRB #: 04 -02
Incident Date:07 -07 -04
Incident Time: 7PM
Location: 7001 Avenue
Date Assigned: 07 -09-04
Reason for Allegation:
1) Improper use of force
2) Fail to notify of reason for arrest
Disposition: Pending
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IOWA CITY POLICE DEPARTMENT
USE OF FORCE REPORT
OFFICER DATE INC #
19,48 08 -01 -04 4 -41522
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08 -05 -04
19 08 -15 -04
48 08 -15 -04
58 08 -15 -04
93, 88, 34, 2, 08 -17 -04
26
August 2004
INCIDENT FORCE USED
Suspicious Person The subject did not comply with the
officer's request that he place his hands
behind his back. When the officer
grabbed him by the arm he pushed the
officer and attempted to flee. The
officer was able to direct him to the
ground where he continued to struggle
with the officers until he was
handcuffed.
4 -42155 Warrant Service When the officer approached the
subject to speak with him he fled. The
officer caught him and ordered him to
place his hands behind his back. When
he didn't comply, the officer used a
hands control technique to place his
hands behind his back.
4 -43674 Warrant Service The subject who was wanted and
known to go armed was ordered to the
ground at gunpoint.
4 -43693 Assault The subject fled on foot when he saw
the officer approaching. The officer
caught the subject and directed him to
the ground where he continued to resist
until the officer placed him in
handcuffs.
4 -43734 Fight The subject, who had been in a fight,
was informed that he was under arrest
and that he should place his hands
behind his back. The subject did not
comply with the officer command and
attempted to flee when the officer
grabbed his wrist. The officer used a
hands control technique to place the
subject's hands behind his back to
handcuff him.
4 -44122 Building Search/ The officers made entry to a building
Warrant Arrest where they knew a burglary suspect
was hiding. They were also aware that
the subject had an unrelated
outstanding arrest warrant. While
searching the building the officers had
their weapons drawn. When the subject
was located hiding in a closet one of
OFFICER DATE INC # INCIDENT FORCE USED
the officers pinned him to the floor
until he was handcuffed.
93 08 -18 -04 4 -44465 Escape The officer located a juvenile who had
just fled from his probation officer.
The officer verbally and physically
directed him to the ground where he
was handcuffed.
11 08 -18 -04 4 -44509 Disorderly Conduct The subject, who was under arrest,
became aggressive towards the officer
who then directed him to the floor
where he continued to resist until he
was handcuffed.
9,6 08 -20 -04 4 -44804 PAULA/Open When the officer attempted to stop an
Container individual with an open beer the subject
tried to pull away from the officer.
While being handcuffed by the officer
the subject attempted to flee but was
directed to the ground where he
continued to resist until officers could
get handcuffs on him.
34 08 -24 -04 4 -45911 Suicidal Subject The officer responded to assist
ambulance crews with a subject who
was threatening to kill himself. He
refused to get in the ambulance and
struggled with the officer who then
placed him in handcuffs. While at the
hospital he made several attempts to
leave and had to be held down until his
medications took affect.
4 08 -29 -04 4 -47091 Indecent Conduct As the officer approached the subject to
speak with him about urinating in
public he attempted to flee. The officer
caught him and directed him to the
ground where he continued to resist
until he was handcuffed.
CC: City Manager, Chief, Captains, Lieutenants, Training Sergeant, City Clerk, Library
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IOWA CITY POLICE DEPARTMENT
USE OF FORCE REPORT
September 2004
OFFICER DATE INC # INCIDENT
FORCE USED
45,95 09 -03 -04 4 -48305 Suicidal Subject
The officers responded to a complaint
of a suicidal subject armed with a knife.
After the subject was disarmed the
subject started kicking, screaming and
flailing her arms in the air. The officers
used hands control techniques to place
the subjects hands behind her back until
she calmed down and then escorted her
outside where she was handcuffed
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46 09 -04 -04 4 -48794 Open Container
As the officer approached the subject
he attempted to flee. When he
disregarded the officer's verbal
commands to stop the officer grabbed
his shirt and ordered him to the ground.
The subject initially attempted to pull
away from the officer but then
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complied with the officer request and
laid on the ground where he was
handcuffed.
5 09 -05 -04 4 -48989 Armed Robbery
The officer had his side arm out while
searching a wooded area. The officer
holstered his weapon after an
unsuccessful search.
23 09 -06 -04 4 -49079 Sick Raccoon
The officer used his side arm to
dispatch a sick raccoon.
23 09 -06 -04 4 -49090 Sick Raccoon
The officer used his side arm to
dispatch a sick raccoon.
13 09 -08 -04 4 -49407 Intoxicated Subject
The officer responded to a complaint of
an intoxicated person causing
problems. After being advised by the
officer that he was under arrest he
refused to place his hands behind his
back. The officer used a hands control
technique to place the subject's hands
behind his back to handcuff him. He
was then taken to the hospital for an
unrelated injury but refused to be
treated. He actively resisted being
taken back to the patrol car and had to
be assisted by the officer.
17 09 -08 -04 4 -49413 Intoxicated Subject
When the subject was told to stop,
OFFICER
94
13
47, 15, 36, 52
DATE INC #
09 -10 -04 4 -50264
09 -11 -04 4 -50328
09 -11 -04
09 -12 -04
09 -13 -04
4 -50550
4 -50759
4 -51101
INCIDENT FORCE USED
because the officer needed to speak
with him, he attempted to escape by
running in the back to door of a
restaurant. The officer caught the
subject by grabbing his book bag,
causing the subject to fall to the floor
where he was handcuffed.
Fight The subjects refused to stop fighting
when the officer arrived. Both were
exposed to a chemical agent and
stopped fighting.
Intoxicated Subject After escorting the subject, from the
bar, to the patrol car the officer
attempted to place the subject in
handcuffs. The subject refused to be
handcuffed so the officer directed him
to the ground where he continued to
resist and kicked at the officer. The
officer was able to gain control of the
subject and place him in handcuffs.
Intoxicated Subject The subject refused to place his hands
behind his back after being told that he
was under arrest. The officers used a
hands control technique to place his
hands behind his back and then held
him against a wall while he was being
handcuffed. The officers then escorted
him to the police vehicle. He resisted
getting into the vehicle and had to be
assisted by officers.
Intoxicated person The officer found the subject passed
out on the ground. When the officer
rolled him over he became combative
as he kicked and spit at the officer. The
officers used a hands control technique
to place the subject's hands behind his
back to place him in handcuffs.
Armed Subject The officers responded to a complaint
of a person waving a gun around in a
car. The officers used felony traffic
stop tactics which included drawing
their side arms while ordering each of
the occupants, one at a time, from the
vehicle.
2 09 -15 -04 4 -51426 Vehicle Burglary The officer responded to a report of a
car burglary in progress in the parking
ramp. The officer drew her sidearm
34, 47
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41,4
47, 15, 36, 52
DATE INC #
09 -10 -04 4 -50264
09 -11 -04 4 -50328
09 -11 -04
09 -12 -04
09 -13 -04
4 -50550
4 -50759
4 -51101
INCIDENT FORCE USED
because the officer needed to speak
with him, he attempted to escape by
running in the back to door of a
restaurant. The officer caught the
subject by grabbing his book bag,
causing the subject to fall to the floor
where he was handcuffed.
Fight The subjects refused to stop fighting
when the officer arrived. Both were
exposed to a chemical agent and
stopped fighting.
Intoxicated Subject After escorting the subject, from the
bar, to the patrol car the officer
attempted to place the subject in
handcuffs. The subject refused to be
handcuffed so the officer directed him
to the ground where he continued to
resist and kicked at the officer. The
officer was able to gain control of the
subject and place him in handcuffs.
Intoxicated Subject The subject refused to place his hands
behind his back after being told that he
was under arrest. The officers used a
hands control technique to place his
hands behind his back and then held
him against a wall while he was being
handcuffed. The officers then escorted
him to the police vehicle. He resisted
getting into the vehicle and had to be
assisted by officers.
Intoxicated person The officer found the subject passed
out on the ground. When the officer
rolled him over he became combative
as he kicked and spit at the officer. The
officers used a hands control technique
to place the subject's hands behind his
back to place him in handcuffs.
Armed Subject The officers responded to a complaint
of a person waving a gun around in a
car. The officers used felony traffic
stop tactics which included drawing
their side arms while ordering each of
the occupants, one at a time, from the
vehicle.
2 09 -15 -04 4 -51426 Vehicle Burglary The officer responded to a report of a
car burglary in progress in the parking
ramp. The officer drew her sidearm
OFFICER DATE INC #
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16
39
41
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09 -18 -04
09 -25 -04
09 -28 -04
4 -51935
4 -53414
4 -53859
INCIDENT FORCE USED
after locating a subject lying across the
seat with a "torn out" car stereo on the
ground next to the car. The officer
reholstered her weapon after ordering
the suspect from the car and having him
lay on the ground where she could
check him for weapons.
Fight While the officer was arresting a
subject who had been in a fight, the
other party involved in the fight
disregarded numerous requests by the
officer to step back. When the officer
attempted to move his arrested party
away from the subject the subject
stepped towards the officer and was
then sprayed with a chemical agent by
the officer.
Intoxicated Person The subject verbally threatened the
officer and poked him in the chest. The
officer used a hands control technique
to place the subject's hands behind his
back to handcuff him and then escorted
him to the patrol car while the subject
resisted. Upon arriving at the patrol car
the subject disregarded repeated officer
requests to sit in the car. When the
officer attempted to direct him into the
back seat the subject threw his shoulder
into the officer's chest. The officer
administered an active counter measure
and then directed the subject into the
back seat.
PAULA When the subject realized that the
officer had learned that he'd provided a
fictions name and DOB he tried to flee.
The officer caught the subject and
directed him to the floor. The officer
then used a hands control technique to
place the subject's hands behind his
back to be handcuffed.
CC: City Manager, Chief, Captains, Lieutenants, Training Sergeant, City Clerk, Library
October 19, 2004 Mtg Packet
PCRB COMPLAINT DEADLINES
PCRB Comolaint #04 -02
Filed: 07/08/04
Chief's Report due: 10/06/04
Extension Request: 12/06/04
Chiefs Report filed:
PCRB Report due:
POLICE CITIZENS REVIEW BOARD
OFFICE CONTACTS
September 2004
Date Description
NONE.
Z)1 AFT #2
CITY OF IOWA CITY IOWA
POLICE CITIZENS REVIEW BOARD
STANDARD OPERATING PROCEDURES AND
GUIDELINES
October 19, 2004
The Police Citizens Review Board (hereafter referred to as
PCRB) was established to assure that investigations into
claims of police misconduct are conducted in a manner which
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 having it review the
Police Deportment's investigation into complaints. To achieve
these purposes, the PCRB shall comply with Chapter 8 of the
Iowa City Code, the PCRB's By -Laws, and the PCRB's
Standard Operating Procedures and Guidelines.
DRAFT #2
TABLE OF CONTENTS
I. Complaint Process
II. Formal Mediation Guidelines and Procedures
III. Meetings
IV. Complaint Review Process
V. Identification of Officers
VI. Review of Policies, Procedures and Practices of the Iowa City
Police Department
VI. Annual Report
VII. General
VIII. Appendix
A. The City Code of Iowa City, Chapter 8, Police Citizens
Review Board
'K-w3
B. Iowa City i ¢ e By -Laws
1132 -„
C. City of Iowa City s Guidelines and
Procedures for Formal Mediation
D. Section 21 of The Code of Iowa Official Meetings Open to
Public (Open Meetings)
E. Section 22 of The Code of Iowa, Examination of Public
Records (Open Records)
t�-r-e,3
F. e Complaint Form
PCRB SOP 8/04
DRAFT #2
Complaint Process
In an effort to assure the citizens of Iowa City that the Iowa City Police Department's
performance is in keeping with community standards, the &QAMW shall review
investigations into complaints about alleged police misconduct to insure that such
investigations are conducted in a manner which is fair, thorough and accurate. The
PCRB shall achieve this by receiving, reviewing and reporting on citizen complaints in
accordance with the procedural rules in Chapter 8 of the City Code, following th
By -Laws, Article VIII, and the AORAObs6tandard Operating Procedures and Guidelines.
A. Complaints shall be filed in accordance with 8 -8 -3 C and 8 -8 -7 A of the City
Code of Iowa City:
All documents and related materials filed with the alil&W shall not be
returned.
2. Complaints filed in the City Clerk's Office shall be assigned a complaint
number consisting of the last two digits of the present year with
consecutive numbers, starting with one (1) (e.g. 98 -1).
3. The complaint copy sent to i @Wlmembers shall have all references to
police officer names and other identifying information deleted, although
the reports of the Police Chief and City Manager shall identify the office s
by number as set forth in Section V of these procedures.
d
4. deadlines are established by Ordinance 01 -3976.
5. A copy of each complaint filed shall be provided tom members in the
next meeting packet.
5. Amendments to a complaint must be in written form.
6. The complainant may withdraw the complaint at any time prior to the
issuance of its report to City Council.
B. Procedures for complaints subject to summary dismissal follow:
A complaint that appears to be untimely filed or a complaint that does not
involve the conduct of an Iowa City sworn police officer shall be handled
in the same manner as outlined in subsection "A" of the Complaint
Process.
2. The copy of the complaint furnished to the Police Chief or City Manager,
shall include a cover letter from theindicating that it appears to be
an untimely complaint or a complaint that does not involve the conduct of
an Iowa City sworn police officer and will be reviewed by the*WMi1&at its
next meeting.
PCRB SOP 8/04
DRAFT #2
3. Theme shall determine whether additional information is necessary to
assess whether the complaint should be summarily dismissed and, if
additional information is necessary, the method by which such
information will be obtained. The methods available include an interview
of the complainant by a subcommittee of the Qgii:, a request to the
complainant for a written submission on the issue presented and an
investigation by thevWQVA& but shall not include an invitation to the
complainant to address the WQWW,at a public meeting or an interview of
the complainant at a public meeting.
4. Upon the completion of such investigation the POPIPs determination that
additional information is not necessary, the 06" shall, by motion in
open session, vote to determine whether the complaint will be dismissed
under Section 8 -8 -3 (E) of the ordinance. The **PWshall not discuss
the facts or substance of the complaint at said open meeting.
5. If theme dismisses the complaint, staff shall:
a. Untimely Complaints:
1. Forward a copy of the decision to the Chief or City Manager
including a cover letter stating that the complaint has been
dismissed and that a report to the OW by the Chief or City
Manager is not required by Chapter 8 of the Code.
2. Forward a copy of the decision to the complainant including a
cover letter advising that although the complaint has been
dismissed and will not be reviewed by the*@00, there is a
method for the complainant to file a complaint directly with the
Iowa City Police Department.
3. Forward a copy of the decision to the City Council indicating
the dismissal and referring to the section of the City Code.
b. Complaints not involving a sworn Iowa City police officer:
1. Forward a copy of the decision to the Chief or City Manager
including a cover letter stating that the complaint has been
dismissed and that a report to theby the Chief or City
Manager is not required by Chapter 8 of the Code.
2. Forward a copy of the decision to the complainant including a
cover letter stating why the complaint was dismissed.
3. Forward a copy of the decision to the City Council indicating
the dismissal and referring to the section of the City Code.
PCRB SOP 8/04
DRAFT #2
4. If the determines the complaint shall not be dismissed,
it shall so advise the Police Chief or City Manager so they may
continue their investigation and make their required report to
the
II. Formal Mediation Guidelines and Procedures
Formal mediation is the responsibility of the 4Q60 and is offered as a method to
facilitate a successful resolution of the issues involved in a complaint. The Aeiikshall
accomplish this responsibility by complying with 8 -8 -2 H. 8 -8 -4 and 8 -8 -7 of the City
Code and theTwOR xGuidelines and Procedures for Formal Mediation, approved by the
City Council on March 10, 1998 and made a part hereof.
PCRB SOP 8/04
DRAFT #2
III. Meetings
Regular meetings shall be held monthly. Special meetings may be called by the Chair as
needed. The °shall comply with Article V of the 4MWA aBy -Laws and the QRiNiew
Standard Operating Procedures and Guidelines.
A. Meeting packets shall be distributed to members at least two (2) days
prior to a meeting when possible.
B. Place of Posting Notices and Agendas.
1. Follow requirements of Section 21.4, The Code of Iowa.
2. The City of Iowa City provides the Notice Bulletin Board in the lobby of
City Hall.
C. Consent Calendar shall include:
Minutes of the last meeting(s);
2. Correspondence and /or memoranda directed to the P4101 W (not
complaint - related). Staff shall be given directions based on
discussion as to whether staff shall respond or whether4WW members
shall respond, with copies furnished to the
D. Time for open public discussion shall be made available at all open meetings as
provided by theq%lNMWy -Laws, Article V, Section 6.
E. Time for 'Board Information" and "Staff Information" shall be made available at
all meetings.
F. Decisions made in executive session shall be ratified in open session.
G. Taped minutes of open meetings shall be kept thirty (30) days from acceptance
and approval of minutes.
H. Taped minutes of executive meetings shall be kept for one year from the date of
the meeting.
I To the extent practicable, legal counsel for theshall attend all meetings of
the Board.
J. Electronic Participation
1. Follow the requirements of Section 21.8, The Code of Iowa for "electronic
meetings. ". "Electronic meetings" as defined in this section presumes
electronic participation is necessary for a quorum.
2. Electronic participation in meetings. A member may participate by
electronic means when the member's presence is not necessary for a
quorum, and said member shall have all rights as if participating in
person..
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K. Quorum and Voting Requirements
1. Quorum. See By -Laws V.2.
2. Voting. See By -Laws V. 10.
3. Voting to close a session. See Section 21.5, The Code of Iowa.
L. Iowa Open Records Law
1. The 0040 must follow all the requirements of Chapter 22, The Code of
Iowa, Examination of Public Records (Open Records). This means every
person has the right to examine and copy the public records of theANDIRW
pursuant to that Chapter.
2. The lawful custodian of thepublic records is the City Clerk of Iowa
City. If the City Clerk requires legal counsel concerning whether a
document is public or confidential, she shall notify both the City Attorney's
Office and counsel to the NNIINWof the request.
3. All records of the#iMWshall be public except as specifically provided for
in Chapter 22, The Code and in theBy -Laws.
4. Confidentiality of complaints, reports of investigations, statements and
other documents or records obtained in investigation of any complaint.
See By -Laws VI1.1(a).
5. Confidentiality of the minutes and tape recordings or closed sessions.
See By -Laws VI1.1(b).
6. Confidentiality of mediation matters. See By -Laws V11.1(d).
7. Confidentiality of information protected by the Iowa Open Records Law or
the Iowa Open Meetings Law. See By -Laws VI1.1(c).
M. Iowa Open Meetings Law.
The Bile must follow all the requirements of Chapter 21, The Code of Iowa,
Official Meetings Open to Public (Open Meetings).
N. Conflicts of Interest and Ex Parte Contacts
1. Conflicts of Interest. See By -Laws V.9.
2. Ex Parte Contacts. See By -Laws, V.8.
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IV. Complaint Review Process
The 111"M shall review all Police Chief's reports and City Manager's reports concerning
complaints utilizing Sections 8 -8 -6, 8 -8 -7 and 8 -8 -8 of the City Code and the OROW
Standard Operating Procedures and Guidelines.
A. Review of Police Chiefs report or City Manager's report. Follow 8 -8 -7 B of the
City Code.
B. Select a level of review as outlined in 8 -8 -7 B. 1 (a) -(f) of the City Code. The
QQW shall notify the Complainant and the Police Chief, or the City Manager if
the complaint is against the Chief, of the selected level of review. The Chief shall
notify the officer of the selected level of review.
C. Request for an extension of time to file 4WO public report. Refer to 8 -8 -7 B.6 of
the City Code.
D. The 06" shall not issue a public report critical of a police officer until after a
name - clearing hearing has been held or waived by the police officer. Refer to
Section 8 -8 -7 B.4 of the City Code.
E. Name - clearing hearing procedure
1. If the%@610 determines that the comments or findings contained in its proposed report will
be critical of the conduct of a sworn police officer, it must offer the officer a name - clearing
hearing prior to the issuance of the deport to Council.
2. TheMAW'shall select a proposed date for the name - clearing hearing.
3. Written notice of the date, time and place of the name - clearing hearing shall be given to the
officer no less than ten working days prior to the date set for hearing. The notice to the
officer should be transmitted via the Chief of Police. The notice to the officer shall provide a
written response form for the officer to demand or waive the name - clearing hearing. Said
written response form shall also allow the police officer to state whether he or she requests
an open or closed session.
4. If the officer provides a written waiver of the name - clearing hearing prior to the date set for
hearing, the hearing shall not be held.
5. If the officer does not respond to the notice prior to the time of the hearing, the hearing shall
be convened. If the officer does not appear, the hearing shall be terminated.
6. If the officer demands a hearing or appears at the hearing, the ►will first determine
whether the hearing shall be open or closed. If the officer requests a closed session, the
4100W. shall close the session pursuant to motion specifically identifying Section 21.5(1)(i)
and 21.5(1)(a) of the Iowa Code as the basis for closure. If the officer does not request a
closed session the session shall be open except where closure is appropriate pursuant to
Section 21.5(1)(a).
efore the hearing, theOGROWall advise the officer of the Board's proposed criticism(s).
At the hearing, evidence supporting the criticism shall be presented. The officer shall be
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given the opportunity to be heard and to present additional evidence, including the
testimony of witnesses.
8. If, subsequent to a name - clearing hearing or waiver of a name - clearing hearing by the
officer, the 01111161111INchanges its level of review, it shall issue a new written notice pursuant to
subparagraph B. hereof. If, following said change, the proposed report is critical of the
sworn officer's conduct, the whall offer another name - clearing hearing to the officer
pursuant to the name - clearing hearing procedures herein.
9. The complainant shall not receive a notice of, or have the right to participate in, a name -
clearing hearing.
F. Report Writing — Follow 8 -8 -7 of the City Code
1. The Chair shall appoint a committee to prepare draft reports. The
committee may request assistance from staff as needed.
2. When possible, a draft report shall be included in the agenda packet prior
to the meeting at which it is discussed.
3. Draft reports shall be discussed in executive session and finalized by the
full?
4. Draft reports shall be confidential.
5. Final Public Reports shall be reviewed by legal counsel to the 4wbiilPk
before being submitted to the City Council.
G. FinaIQQW Public Reports shall be distributed according to 8 -8 -7 B.3 of the City
Code. The copy sent to the City Council shall be accompanied by the minutes of the
meeting which approved it and be sent to the City Clerk for inclusion in the next
Council agenda packet.
H. Once the Public Report is sent to designated parties, the complaint file is closed and
is taken to the City Clerk's Office for retention.
V. Identification of Officers
1. The reports of the Police Chief and the City Manager to thei will identify
the officers with unique identifiers, i.e. same number for same officer from one
complaint to the next, but not by name. In its public reports, however, thelilho14B
shall not use the same number for the same officer from one report to the next,
in order to guard against inadvertent identification of the officer to the public by
themes. ThedWmWA the right, however, to identify the officer in a
sustained complaint pursuant to Section 8- 8 -7(B) of the City Code and may
obtain the officer's name from the City Clerk for this purpose.
2. An allegation of misconduct or previous allegation of misconduct against an
officer is not and shall not be used by theON111111111111111111was evidence of misconduct.
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JlA
VII.
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Review of Policies, Procedures and Practices of the Iowa City Police Department
As stated in the City Code, 8 -8 -7 C(3), and Article 11 of then NWW& By -Laws, and using
the+PORB Standard Operating Procedures and Guidelines, the *am shall, from time to
time, report to the City Council on policies, procedures and practices of the Iowa City
Police Department, including recommended changes, if appropriate.
A. Policy- review discussions shall be held at regular meetings, when possible.
B. When citizens have a concern about police procedures or practices, but there is
no allegation of individual officer misconduct, there may be an issue of policy.
Any citizen orl111111111111lMBtmember may raise an issue at a eeting.
B. Thee% encourages signed written correspondence from citizens but will
accept anonymous correspondence concerning policies, procedures, and
practices of the Iowa City Police Department.
Annual Report
TheaROWili maintain a central registry of all formal complaints against sworn police
officers and shall provide an annual report to the City Council which will give the City
Council sufficient information to assess the overall performance of the Iowa City Police
Department. 8 -8 -2 M and 8 -8 -7 C.2 of the City Code, Article VIII.5 of the lOifii By-
Laws, and the M&W&Standard Operating Procedures and Guidelines
A. The annual report shall include information required by Chapter 8 of the City
Code.
B. The +F4NNIft annual report may also include recommendations to amend the
Ordinance.
VIII. General
A. The lawful custodian of the 911111011iiillik records and the central depository for all
information is the City Clerk's Office of the City of Iowa City.
B. The Chair is the official spokesperson for the*fiF&
C. When legal counsel and /or staff are contacted on business, they shall
report that information to the Chair and to each other.
D. Contacts between 01091190 member and the Police Chief and /or City Manager
shall be in the form of written communication when possible.
E. Requests for information from theto the Police Chief or City Manager
shall be in writing.
F.
ThO41161111111F administrative assistant shall provide to the Board a monthly '
Office Contacts Report," stating the number of telephone calls and in -office
contacts which come directly to thepffice, the general substance of such
contacts, and their disposition.
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G. Voice Mail telephone messages to theoffice from citizens shall not be
retained nor will messages be transcribed unless there are extenuating
circumstances on a case -by -case basis determined by legal counsel for the
4agiN end the City Attorney's Office.
H. ThevWQRR shall utilize its own letterhead stationery.
e lea n or \perbgd e2. d oc
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POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240 -1826
(319)356 -5041
September 23, 2004
John Stratton
815 Wylde Green Rd
Iowa City, IA 52246
Dear John,
On behalf of the Police Citizens Review Board, I would like to thank you for your
continued service from June 29, 1999 through August 31, 2004 on the Board.
We appreciated your contributions.
Sincerely,
zf't� lvlllavlx�
Loren Horton
PCRB Chair