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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: n ) :71 v 11 i� 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) � r. 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. Q 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. hJ ll �S n V' N i 7 wry ': i J 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 r_. Co C.D 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 'j - GJ D 4�) ij i! 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 0. rti, �T �r; i IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT OFFICER DATE INC # 19,48 08 -01 -04 4 -41522 C�+ G C "7 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 G7 CD f 1... J 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 c�a c� 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 °T = 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 ® r U - 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 # M) w 16 39 41 C� 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.. PCRB SOP 8/04 DRAFT #2 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. PCRB SOP 8/04 DRAFT #2 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 PCRB SOP 8/04 DRAFT #2 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. PCRB SOP 8/04 JlA VII. DRAFT #2 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. PCRB SOP 8/04 DRAFT #2 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 PCRB SOP 8/04 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