HomeMy WebLinkAbout12-14-2004 Police Citizens Review BoardAGENDA
POLICE CITIZENS REVIEW BOARD
December 14, 2004 — 7:00 P.M.
LOBBY CONFERENCE ROOM
410 E. Washington Street
ITEM NO. 1 CALL TO ORDER and ROLL CALL
ITEM NO. 2 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR
AMENDED
•
Minutes of the meeting on 10/19/04
•
ICPD General Order #91-07 (Investigative Case Screening Process)
•
ICPD General Order #95 -04 (Administration of Department Training)
•
ICPD General Order #99 -01 (Police Vehicle Pursuits)
•
ICPD General Order #99 -10 (Domestic Violence)
•
ICPD General Order #99 -11 (Arrests)
•
ICPD General Order #99 -12 (Field Interviews and "Pat- Down" Searches)
•
ICPD General Order #00 -08 (Weapons)
•
ICPD General Order #01 -06 (Juvenile Procedures)
•
ICPD Standard Operating Guideline #01 -21 (Unusual Occurrences)
•
ICPD Standard Operating Guideline #01 -22 (Special Assignments /Training)
•
ICPD Standard Operating Guideline #03 -03 (Traffic Control, Vehicle Crahses)
•
ICPD Use of Force Report — October 2004
ITEM NO. 3 NEW BUSINESS
• Iowa City Charter Opinions
• Comments for the Commission on Accreditation for Law Enforcement Agencies
• Standard Operating Procedures and Guidelines
ITEM NO. 4 OLD BUSINESS
ITEM NO.5 CONSIDER A MOTION GRANTING THE POLICE CHIEF AN ADDITIONAL
EXTENSION FOR THE REPORT ON PCRB COMPLAINT #04 -02 UNTIL
JANUARY 7, 2005.
ITEM NO. 6 PUBLIC DISCUSSION
ITEM NO. 7 BOARD INFORMATION
ITEM NO. 8 STAFF INFORMATION
ITEM NO. 9 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.
PCRB -Page 2
December 14, 2004
ITEM NO. 10 MEETING SCHEDULE and FUTURE AGENDAS
• January 11, 2005, 7:00 P.M., Lobby Conference Room
• February 8, 2005, 7:00 P.M., Lobby Conference Room
• March 8, 2005, 7:00 P.M., Lobby Conference Room
• April 12, 2005, 7:00 P.M., Lobby Conference Room
ITEM NO. 11 ADJOURNMENT
MEMORANDUM
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
DATE:
December 10, 2004
TO:
PCRB Members
FROM:
Kellie Tuttle
RE:
Board Packet for meeting on December 14, 2004
Enclosed please find the following documents for your review and comment at the next board
meeting:
• Agenda for the meeting on 12/14/04
• Minutes of the meeting on 10/19/04
• ICPD General Order #91-07 (Investigative Case Screening Process)
• ICPD General Order #95 -04 (Administration of Department Training)
• ICPD General Order #99 -01 (Police Vehicle Pursuits)
• ICPD General Order #99 -10 (Domestic Violence)
• ICPD General Order #99 -11 (Arrests)
• ICPD General Order #99 -12 (Field Interviews and "Pat- Down" Searches)
• ICPD General Order #00 -08 (Weapons)
• ICPD General Order #01 -06 (Juvenile Procedures)
• ICPD Standard Operating Guideline #01 -21 (Unusual Occurrences)
• ICPD Standard Operating Guideline #01 -22 (Special Assignments/Training)
• ICPD Standard Operating Guideline #03 -03 (Traffic Control, Vehicle Crashes)
• ICPD Use of Force Report — October 2004
• PCRB Complaint Deadlines
• PCRB Office Contacts — October 2004
• PCRB Office Contacts — November 2004
• Memo from Board Chair
• Invitation to Community Discussion on Potential Charter Amendments
• Media Release: Police Accreditation Team Invites Public Comment
• Revised Board Member Contact List
• Amended Standard Operating Procedures and Guidelines
Other resources available:
National Association for Civilian Oversight of Law Enforcement
NACOLE provides information regarding civilian oversight in law enforcement nation wide. For
more information see: www.NACOLE.org
DRAFT
POLICE CITIZENS REVIEW BOARD
MINUTES - October 19, 2004
CALL TO ORDER: Chair Loren Horton called the meeting to order at 7:03 p.m.
MEMBERS PRESENT: Candy Barnhill (7:05), Beth Engel, Loren Horton, Greg Roth and Roger Williams
MEMBERS ABSENT: None
STAFF PRESENT: Legal Counsel Catherine Pugh (7:05) and Staff Kellie Tuttle
OTHERS PRESENT: None
RECOMMENDATION TO COUNCIL
The Board recommends approval of an amendment to its Standard Operating
Procedures, Section I to clarify the administrative procedures for the complaint
process.
CONSENT
CALENDAR Motion by Engel, seconded by Williams, to adopt the consent calendar.
• 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
Motion carried, 4/0, Barnhill absent.
REPORT FROM NOMINATING COMMITTEE
Roth and Williams were appointed as the nominating committee at the September 14
meeting. Roth reported that the committee had come up with two scenarios. The first
would be to leave the current Chair and Vice -Chair in place. The second would be to
nominate Roth for Chair and Barnhill for Vice - Chair.
CONSIDER MOTION TO FIX METHOD OF VOTING
Motion by Williams, seconded by Roth to prescribe the method of voting by a show of
hands. Motion carried, 5/0. Motion by Engel, seconded by Roth to use the majority vote
for the basis for decision. Motion carried, 5/0.
NOMINATIONS FOR OFFICE OF CHAIRPERSON
Loren Horton for Chair.
Motion by Roth, seconded by Engel.
Motion carried, 5/0.
NOMINATIONS FOR OFFICE OF VICE - CHAIRPERSON
Greg Roth for Vice -Chair
Motion by Barnhill, seconded by Williams.
Motion carried, 5/0.
NEW BUSINESS None.
PCRB — Page 2
October 19, 2004
DRAFT
OLD BUSINESS Proposed changes to Standard Operating Procedures. The Board reviewed the 2 "d draft
of the proposed changes to the Standard operating Procedures. Minor additional
changes were made to the draft.
Motion by Barnhill, seconded by Engel, to adopt the Standard Operating Procedures as
amended and forward to Council. Motion carried 5/0.
PUBLIC
DISCUSSION None.
BOARD
INFORMATION Horton revisited the notification for absences. As Chair he would like Board members to
contact him and he will notify staff. If they can not reach him, then they are to call the
City Clerks office Monday through Friday 8 a.m. -5 p.m. and notify staff.
STAFF
INFORMATION Legal Counsel Pugh stated she would not be at the November meeting.
EXECUTIVE
SESSION Motion by Williams, seconded by Roth, to adjourn into 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.
Motion carried, 5/0. Open session adjourned at 7:31 p.m.
REGULAR
SESSION Returned to open session at 7:37 p.m.
Motion by Roth, seconded by Williams to grant extension to Police Chief to December 6'h
for PCRB Complaint #04 -02.
MEETING SCHEDULE
• November 9, 2004, 7:00 p.m., Lobby Conference Room (MEETING CANCELLED)
• December 14, 2004, 7:00 p.m., Lobby Conference Room
• January 11, 2004, 7:00 p.m., Lobby Conference Room
Motion by Barnhill, seconded by Engel, to cancel the November meeting due to lack of
Board business. The next scheduled meeting is December 14th. Motion carried, 5/0.
ADJOURNMENT Motion by Barnhill, seconded by Roth, to adjourn. Motion carried, 5/0. Meeting
adjourned at 7:40 p.m.
Date of Issue
February 8, 2001
Effective Date
February 12, 2001
Reevaluation Date
October 2007
C.A.L. E.A.
41.1.2, 5.1-1,15.1.2
INDEX AS:
Investigations
Case Screening Criteria
Exceptional Circumstances
Solvability Factors
INVESTIGATIVE
CASE SCREENING
PROCESS
General Order Number
Section Code
INV -01 (Drevi
Amends / Cancels
10/04 91 -07 Effective October 8, 1991
Reference
Follow -up Investigations
L PURPOSE �
The purpose of this order is to establish the policies and procedures of the Iowa City Police
Department, Investigative Case Screening Process. This process shall be the means for
determining whether an investigation should be continued.
INV 01.1
f_
INV 01.2
III. DEFINITIONS
Solvability Factors - Elements of information about a crime which have proven in the past to
be important in the successful conclusion of a case. Case screening is designed to provide
sufficient information about a case at the earliest possible time in the investigative process in
order to permit a decision to be made regarding the value of continuing an investigation. The
outcomes of case screening will be either: early suspension of unpromising cases or, a follow -
up investigation of those cases with a reasonable probability of case clearance.
The objectives of the Investigative Case Screening Process are:
1. To establish the policies and procedures for determining whether to assign a case for
additional follow -up investigation or to suspend any further investigation.
2. To establish the responsibility and accountability for the decision to assign or screen out
a case.
3. To manage the investigative caseload so that the potential for solving cases is improved.
4. To assign for additional follow -up investigation only those cases with sufficient solvability
factors, in order to increase the probability of case clearance.
5. To provide procedures for notifying crime victims of the current status of their case.
IV. PROCEDURES
CASE SCREENING CRITERIA
A. SOLVABILITY FACTORS
Criteria that is to be used as a guide to determine whether a case will receive follow -up
investigation includes, but is not limited to the following:
1. Reliable witness
2. Suspect names
3. Suspect described
4.
Suspect Location>
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5.
Suspect identified
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6.
Suspect previously seen
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Suspect vehicle described
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Traceable property
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INV 01.3
9. Significant m.o.
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10. Useable physical evidence
11. Limited opportunity for anyone other than suspect to commit
the crime. w ,_
12. Offense may be solved with reasonable additional invest. effort. y
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CASE SCREENING RESPONSIBILITY
A. WATCH COMMANDER
1. The Watch Commander will be responsible for:
a. Reviewing offense reports for completeness of the initial investigation and accuracy
of the information contained on the offense report.
b. Reviewing cases forwarded by officers under his /her command, to ensure that they
have been followed up to the extent practical under the particular circumstances.
2. If, under exceptional circumstances, and in the Watch Commander's opinion an
immediate follow -up investigation would substantially increase the likelihood of suspect
apprehension or case clearance, the Watch Commander may assign the case for an
immediate follow -up investigation.
B. INVESTIGATION SUPERVISOR
1. The responsibility of the Investigations Commander in the case screening process will
be:
a. To review all offense reports forwarded to the investigative section.
b. To determine whether sufficient solvability factors and values are present in the
case; and,
c. To either assign the case for follow -up investigation or suspend the case and notify
the victim(s) of the status of the investigation.
1) Upon assignment of the case by the Investigations Commander, an investigation
shall be initiated and a follow -up report submitted within 30 days. This may be
extended or waived at the discretion of the Investigations Commander.
2) Unless otherwise directed, upon assignment of the case, the assigned
investigator shall keep all records, statements, lab reports, and other case
related materials with the case file. The Investigations Commander or designee
shall have access to the file at all times.
3) The Investigations Commander shall review the status of all assigned cases
within 30 days after assignment. Cases will be assigned an "Open" or "Closed"
INV 01.4
status. Open cases will remain under investigation. Cases may be closed by
arrest, exceptional clearance, or suspended.
4) Upon the closing of a case, all original documentation shall be submitted to
Records pursuant to departmental guidelines. Files, which are subject to being
recorded photographically or electronically, may be retrieved by the
Investigations Commander or the investigating officer and stored pursuant to the
direction of the Investigations Commander
d. To forward offense reports to crime analysis (Planning and Research) with sufficient
information about the case screening decision.
C. EXCEPTIONAL CIRCUMSTANCES
1. While the case screening criteria are very specific, the Investigative Case Screening
Process will be flexible enough to allow for exceptional circumstances including, but not
limited to:
a. Offenses of significant importance to the community.
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b. Potential danger to victim(s) or witness(es).
c. Seriousness of offense. --
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d. Pattern, frequency, or m.o. characteristics of offense.
e. Management decisions to pursue a case regardless of solvability factors'.''
f. While there is a degree of flexibility in the case screening process, exceptional
circumstances such as those described above shall be the exception, rather than a
standard procedure.
D. REPORT REVIEW /CRIME ANALYSIS OFFICER
1. The responsibility of the report review /crime analysis officer in the case screening
process will be:
a. To coordinate the Investigative Case Screening Process to ensure that the
screening decisions are within established procedural guidelines;
b. To analyze offense, incident and other reports for crime patterns and trends, similar
m.o. characteristics, or unique factors and to notify appropriate personnel of the
results of these analyses through bulletins, spot maps and /or other appropriate
reports;
c. To analyze the any changes in patterns /trends in connection with changes in
enforcement efforts.
d. To review current trends, patterns, and /or problems with the Chief of Police or
designee as needed /required.
INV 01.5
CRIME ANALYSIS
Crime analysis will, at a minimum, consist of the following: analysis of case reports,
incident reports, and calls for service.
To the extent possible, crime data shall be analyzed to identify the following:
a. Temporal and geographic factors /distribution of selected types of crime;
b.
Frequency by type of crime;:'.
C.
Victim or target descriptors /types;
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d.
Suspect identifiers or descriptors;
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e.
Suspect vehicle identifiers;
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f.
MO identifiers;
g. Physical evidence information; and
h. Other factors as determined by the Crime Analysis Officer.
In addition, as requested, the Crime Analysis section should develop recommendations
for prevention and enforcement strategies.
As available, crime analysis data should, be forwarded to the affected watches
and officers assigned to the specific geographical area.
E. COMMANDER - FIELD OPERATIONS
1. The responsibility of the Commander, Field Operations in the case screening process
will be to resolve any problems or conflicts developing from the case screening process.
Upon receiving a case, the Investigations Commander shall make a determination of the
"solvability" of the particular case using the criteria contained in General Order 91 -07.
Once assigned, the Investigations Commander shall maintain records indicating the
status of the case. The case records should indicate the case number, date assigned,
the investigator assigned, case status, days open and other information as determined
by the Investigations Commander.
The assigned investigator shall maintain the case file in a secure manner. The file shall
include a copy of the preliminary investigative report and any written statements. In
addition the file may include any lab results, follow up reports, notes, statements, and
other materials as determined by the investigating officer. The investigating officers'
follow -up should include those steps necessary to adequately conclude the investigation.
To the extent necessary and practical the investigating officer should:
INV 01.6
a. Review and analyze previous reports, records and/or technical reports and lab
results relative to the investigation.
b. Conduct additional interviews and /or interrogations.
1) This may include the interviewing or re- interviewing of the victim, witnesses and
"bystanders ".
2) Determine if any witnesses may be able to identify a suspect from a lineup.
c. Seek additional information from both departmental and non - departmental sources.
These may include but are not limited to:
1) Speaking with the officer(s) who were initially assigned the call.
2) Obtaining information /data from the planning and research.
3) Obtaining information from records.
4) Obtaining information from informants.
5) Obtaining information from organizations, businesses, institutions and others that
may have dealt with potential suspects.
d. Ensure that the collection of evidence and the search of any relevant areas has been
completed.
e. Maintain contact with victims and witnesses throughout the duration of the
investigation.
f. Identify potential suspects and eliminate those who are no longer suspects.
g. Determine the suspect's potential involvement in other related crimes.
h. Check criminal history of suspects.
L Thoroughly prepare the case for legal presentation.
Upon conclusion or suspension of an investigation, the investigator shall forward the case file to
the Investigations Commander. The lieutenant should purge the file of all redundant or non
related materials and forward the file to the Records Section.
R. J /Winkelhake, Chief of Polrce_?
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INV 01.7
WARNING
This directive is for departmental use only and does not apply in any criminal or civil proceeding.
The department policy should not be construed as a creation of a higher legal standard of safety
or care in an evidentiary sense with respect to third -party claims. Violations of this directive will
only form the basis for departmental administrative sanctions:
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ADMINISTRATION
OF DEPARTMENT
TRAINING
Date'of Issue General Order Number
August 14, 2001 95 -04
Effective Date Section Code
August 17, 2001 TRN -01
Reevaluation Date Amends /Cancels
August 2007 12/04
C.A.L. E.A. Reference
Chapter 33
INDEX AS:
Authority and Responsibility, Department Training
Career Specialty In- Service Training, Definition
Department Training Administration
Department Training Authority and Responsibility
Department Training Committee
Department Training Goals
Department Training Policy
Education and Training Record
TRN -01.1
Lodging Reimbursement, Training
Meal Reimbursement, Training
Reimbursement, Training
Training Committee, Department
Training Course Critique
Training Expense Reimbursement
Training Goals, Department
Training Policy Statement
Travel Costs, Training
I. PURPOSE
The purpose of this policy is to establish the policies and procedures for the
administration of the Department Training function.
IL POLICY
It is essential that all Department personnel are properly trained to fulfill the Department
responsibility to provide professional law enforcement service to the Iowa City
community. Training stimulates, develops, and improves the skills, knowledge and
abilities necessary for individuals to 'stay competent in the duties and responsibilities of
their respective positions. The dynamic nature of the law enforcement profession
dictates that training be a continuous process of personal and professional growth and
development. While the Department bears the primary responsibility for personnel
training, all supervisors, officers, civilian employees, and designated Field Training
officers have the responsibility to acquire for themselves and to teach those with whom
they work, the skills, knowledge and abilities necessary to perform their tasks and
duties.
J
TRN -01.2
III. DEFINITIONS
A. Proficiency In- Service Training - A training process designed to stimulate,
develop, and improve the skills, knowledge, and abilities necessary to stay
competent in the duties and responsibilities of the position. Proficiency and
responsibilities of the job presently being performed enhances the
employee's skills beyond the minimum level and increases the potential for
career advancement.
B. Career Specialty In- Service Training - A training process used to provide an
advance level of instruction in an area of interest and specialization that
enhances the overall potential for job satisfaction and career development.
IV. PROCEDURES
The training goals of the Iowa City Police Department are:
A. To stimulate, develop, and improve the skills, knowledge, and abilities of all
Department personnel.
B. To provide new officers with the legally mandated basic training and with the
necessary Department field training.
C. To provide annual in- service training to all officers for purposes of updating
and enhancing their knowledge, skills and abilities.
D. To present career specialty in- service training on an as needed and /or as
requested basis so as to provide advanced levels of instruction in areas of
specialization necessary to carry out the Department mission and enhance
career development.
E. To identify and utilize the most cost - effective means for providing basic and
in- service training to all personnel.
F. To develop as necessary, in -house training programs design6l to Meet
unique Department training needs. = _'
DEPARTMENT TRAINING FUNCTION,
Authority and Responsibility
A. Unit and Section Supervisors - Each supervisor will assess, on a contigal
basis, the skills, knowledge, and abilities of their personnel so as to improve
upon performance levels and to identify potential areas of career interest and
specialization. Whenever a supervisor identifies a specific need for
proficiency in- service training or career specialty in- service training, they must
notify their Division Commander, in writing, of that need or interest.
B. Division Commander - Each Division Commander is responsible for updating
minimum proficiency in- service training needs (i.e. CPR, Firearm) and career
specialty training interests in order to assign those individuals to the proper
training courses, when they become available.
C. Chief of Police - The Chief of Police makes the final decisions about the
development of in -house training programs and the assignment of personnel
to particular training courses. These decisions are made based upon the
recommendation and requests of the various division commanders,
TRN -01.3
supervisors, officers, and civilian employees. In addition to the previously
mentioned responsibilities, the Chief, or his /her designee is responsible for
the overall coordination of the Department training function, to include, but
not limited to:
1. identification of individual, unit and /or Department training needs;
2. assignment of personnel to appropriate and /or necessary training
programs;
3. development and implementation of in -house training programs;
4. maintenance of an inventory of the programs and resources available to
provide in- service training;
5. maintenance of Department training records;
6. review and evaluation of training programs;
7. development of an annual Department training plan.
D. Department Training Committee - On an annual basis, the Chief of Police
shall appoint representatives from the Department and the departmental
training officer to serve on a Department Training Committee. The purpose
of this committee is to review, evaluate, and recommend revisions for the
Department training effort and to identify areas in which training is lacking. At
the conclusion of their review, the department training officer will prepare a
written report summarizing their findings. This annual training review report
will be submitted to the Chief of Police for review. The department training
officer may use this report as a basis for the development of on -going
training.
E. Department Training Officer- The department training officer is responsible
for ensuring that members of the department receive the minimum mandatory
training as required by law. Additionally, he /she shall continually develop,
implement and evaluate departmental training and assist in assessing the
training needs of the department. He /she shall maintain req-Tds df_the
training provided "in- house" and records /documentation of train± received
outside the department. 4°
Education and Training Record —_
Officers assigned to attend a training session shall arrive at the designate" dini4at
the specified time and with any required equipment. Officers shall attend tip assigned
training in its entirety. In those instances where the officer is required to miss part of
the scheduled training for court or other duty related circumstances, the officer shall
notify the instructor of the course at the beginning of the session. To the extent
possible, officers shall complete any make up assignments as directed by the
instructor. The instructor shall be provided the reason for the absence and the
anticipated time of return. In situations where the officer is absent for other than a duty
related reason, the officer shall notify his /her supervisor of the absence as soon as
possible. Officers missing mandatory training for which they have been scheduled may
be required to make up the training.
Officers assigned to a training session shall be considered on duty for that day(s). The
officer will be reimbursed consistent with city policy for expenses incurred and related to
TRN -01.4
the training. All materials obtained at training are the property of the Iowa City Police
Department and the officer may be required to submit the materials for review or to a
departmental library.
For all departmental training conducted by members of the Iowa City Police
Department, the person assigned to conduct the training shall submit a lesson plan or
outline to the training officer for review and approval three (3) business days prior to the
training. The lesson plan or outline shall include the following:
A. a statement of performance and job - related objectives;
B. the content of the training and specification of the instructional techniques to
be used;
C. identification of any tests or evaluations used in the training process.
The departmental training officer shall maintain a record of all departmental training.
These records shall include lesson plans /outline, name of attendees, and the
performance of individual attendees as measured by any applicable tests or
performance evaluations.
Personnel assigned to the training function should receive training as available, in the
following areas:
A. lesson plan development;
B. performance objective development;
C. instructional techniques;
D. testing and evaluation techniques;
E. resource availability and use. -
y a
For training in which officers are tested or evaluated, officers failing to satisfactorily
complete the training may be required to repeat the training or attend a remedial
training session as directed by their watch commander. In addition watch supervisors
shall note any training deficiencies or needs when completing the employees annual
evaluation.
To the extent applicable, upon the completion of a training session of eight or more
hours, the employee shall provide the departmental training officer copies of any
certificates and test scores. The training officer shall document the completion of the
training in the employee's departmental training file.
RECRUIT OFFICER TRAINING
The Iowa City Police Department shall maintain contact with all personnel attending
basic training classes. In addition, the departmental training officer shall periodically
review the contents of the training received at any outside basic training academies and
forward any concerns to the Commander of Administrative Services for review. All
expenses incurred in the attendance of the academy will be born by the Iowa City
Police Department. All recruit officers attending the academy are full time employees of
the Iowa City Police Department and receive all applicable benefits and protections
TRN -01.5
provided as such. When requested and to the extent possible the Iowa City Police
Department will provide instructors to outside academies.
Upon completion of basic training, officers shall receive training relating to departmental
Rules and Regulations and Departmental Orders. This training will be part of the Field
Training and Evaluation process and may be conducted by FTOs or others
knowledgeable in this area.
Sworn personnel who have not completed the basic training academy shall not carry a
weapon or be placed in a position where there is a likelihood of having to take any type
of official action.
Recruit officer training will include training of those tasks most frequently associated
with the duties of a patrol officer. Evaluation of these tasks shall be based on and
consistent with the evaluation system used in the Field Training and Evaluation
Process. The evaluation should assess the recruit officer's knowledge of the topic as
well as the recruit officers abilities and skills when performing the requisite task.
INSERVICE TRAINING
On a regular basis, officers shall receive update /refresher training as well as training in
new areas. As they become available officers shall receive training in new or changes
in the law. This training may be in the form of Watch Training, the training bulletin,
Department -wide training or other formats as determined best suited for the training.
In order to keep officers updated on current trends, techniques, policies, laws etc. and
to address areas of concern, the departmental training officer shall provide regularly
scheduled watch training. Watch training will be conducted by watch supervisors in
conjunction with the regularly scheduled watch meeting.
As needed, the department will provide specialized training to personnel who perform
specialized functions. These shall include but is not limited to crime scene technicians,
accident investigators, canine units, hazardous device technicians, special response
team personnel, and others.
Newly hired or appointed civilian personnel shall be provided information on the
Departments role, purpose goals, policies and procedures; working conditions and
regulations; and responsibilities and rights of the employee.
Prior to being assigned regular duties as an Emergency Communications Operator, -the
person shall receive training in the operation, procedures and duties of the Wsition_In
addition they shall receive regular in- service training in this area.;
All promoted personnel shall receive training in their new duties and reSponsibik6s ==
within the first year of their promotion.
TRN -01.6
Personnel shall receive training in the following areas on an annual basis.
A. firearms
B. defensive tactics
C. motor vehicle operations
D. biased based contacts
E. hazardous materials
F. CPR
G. bloodborne pathogens
H. legal issues
R. J. Winkelhake, Chief of Police
WARNING
This directive is for departmental use only and does not apply in any criminal or civil
proceeding. The department policy should not be construed as a creation of higher
legal standard of safety or care in an evidentiary sense with respect to third- party
claims. Violations of this directive will only form the basis for departmental
administrative sanctions.
C
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OPS 02.1
POLICE
VEHICLE
PURSUITS
Date of Issue General Order Number
February 10, 1999 1 99 -01
Effective Date Section Code
August 29th, 1999 1 OPS -02
Reevaluation Date Amends / Cancels
September 2005 12/04 1 90 -01 OPS -02
C.A.L. E.A. Reference
1.2.7, 1.3.2, 41.2.1, 41.2.2, 41.2.3 See Index
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INDEX AS: -t I
Use of Force Tire Deflation Devices
Vehicle Pursuits T
Reports i
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I. PURPOSE CD
It is the purpose of this policy to state the guidelines to be followed during
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 directior..,of
movement for the minimum distance necessary - before
alternative route that conforms to the traffig_.a4ws and
regulations is available.
3. The driver of a fire department vehicle, police vehicle, .or —,
ambulance, or a peace officer riding a police bicyplo. -,in the
line of duty may do any of the following:
a. Proceed past a red or stop signal or stop sign,)-Prut onf�;
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
is operated by a peace officer, pursuing a suspected violator
of the speed restrictions imposed by or pursuant to this
chapter, for the purpose of determining the speed of travel of
such suspected violator.
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. (' l
5. Road conditions.
6. Speed involved.
7. Nature of the offense - pursuits for persons suspf�cted oG
involvement in felonies are viewed as more justifiable thart'
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 Gi
1. Marked vehicles -C-_
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 r
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 curves 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
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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:
1. The reason for the pursuit n
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2. The location, speed, and direction of travel
3. The description of the fleeing vehicle, including license, -�
number. _ - '
4. The number of occupants and description of occupants iLo
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:
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.
3. The ECO shall record on the CAD log all the information
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
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 @f
apprehension is outweighed by the level of danger- :Qmated
by the pursuit.
6. Supervisors shall also assure that sufficient patrol stterigth i,%
maintained within the city to handle routine calls for spyice.
7. The supervisor in charge of the incident shall approve anF
special tactics to stop the vehicle.
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.
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 oncomirk--traffi
Under no circumstances will roadblocks be bieaded
by occupied or private vehicles and all efforts' will be
made to remove private vehicles from the pa`t#i' of thy,
pursuit. -
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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 - C`D
a) Whenever units of another law enforcement agency_'. J
are engaged in a pursuit and request assistance from -
the Department, the requesting agency shall 4dvise c>
the emergency communications center of the nature iD
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
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 atterii#�'ting
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.
d) Secondary units shall provide backup to the primary
unit and may assume the pursuit should the primary
unit become disabled. Secondary units should also
ensure that communications of pursuit status is
maintained.
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
under the following conditions:
1. Environmental factors such as rain, fog or darknes §__
substantially increase the danger of the pursuit.
2. Road conditions are congested by traffic or pedestrians,,
such as, at rush hour or in the area of any school. ' =
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OPS 02.12
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.
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.
D. As a vehicular pursuit is deemed a "use of force ", the Department's
Use of Force policy and Use of Force continuum apply to vehicular
pursuits.
OPS 02.13
R. J.'Winkelhake, Chief of Police
WARNING
This directive is for departmental use only and does not apply in any criminal or
civil proceeding. The department policy should not be construed as a creation of
higher legal standard of safety or care in an evidentiary sense with respect to
third -party claims. Violations of this directive will only form the basis for
departmental administrative sanctions.
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C'3
OPS -14.1
DOMESTIC
VIOLENCE
Date of Issue General Order Number
October 8, 1999 99 -10
Effective Date Section Code
October 13, 1999 OPS -14
Reevaluation Date Amends/ Cancels
October 2005 11104
C. A. L. E. A. Reference
1.2.7, 55.1.1, 55.1.3, 55.2.3
INDEX AS:
Domestic Abuse
G -
Domestic Violence
Domestic Violence Reports
Domestics
No Contact Orders
Protective Orders
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C i
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I. PURPOSE
The purpose of this General Order is to establish policy and procedures
concerning domestic abuse. The Iowa City Police Department will respond
properly to all domestic abuse requests for assistance. "Domestic Abuse" has
been deemed as a series of criminal offenses in Iowa pursuant to Iowa Code
Chapter 236, Domestic Abuse. Additionally, several other Iowa Code Chapters
address domestic abuse - related issues. Efforts will be made to deter this
criminal behavior.
OPS -14.2
II. POLICY
It is the policy of the Iowa City Police Department to:
Appropriately respond to domestic abuse calls for assistance and arrest
domestic abuse offenders as defined under the law.
• Maintain a pro- arrest policy whenever probable cause exists to support the
belief that a domestic abuse violation has taken place.
• Protect victims and families experiencing domestic abuse, and provide
information concerning support and services.
• Promote officer safety by educating officers in the area of domestic abuse
response.
• Develop a working relationship with the Domestic Violence Intervention
Program (DVIP).
• Actively participate in multi- disciplinary and community efforts to prevent and
reduce the incidence and severity of domestic abuse assaults and deaths.
• Provide community and workplace education about domestic abuse, including
releasing an annual report on domestic abuse.
III. DEFINITIONS
A. Domestic Abuse means an assault, as defined in Iowa Code Section
708.2A and Iowa Code Section 236.2, that has occurred between
parties who share a certain relationship.
The relationship element defined: 236.2(2)
1. family or household members residing together at the time of the
assault or who have resided together within the past year, but not
at the time of the assault;
2. separated spouses or persons divorced from one another not
residing together at the time of the assault;
3. biological parents of the same minor child, regardless of whether
married or living together at anytime.
4. brothers and /or sisters over 18 who live at the same residence. If
under 18, Chapter 232, Juvenile Justice applies.
B. Family or Household Members; spouses, or persons co- habitartg, F n
parents or other persons related by consanguinity or affinity.
C. Children: Children under age 18 are not subject to these provisi5-pss as = _i
chapter 232, Juvenile Justice, applies.`'' `
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OPS -14.3
D. Cohabitation: means two unrelated adult persons living together for a
substantial period of time, resulting in some permanency of
relationship. Cohabitation does not require a sexual relationship, but
does require something more than merely residing together. State v.
Kellogg, 542 N.W.2d 514(1996).
Kello4Q provides a non - exclusive list of factors for the jury's
consideration:
- Sexual relations between the parties while sharing living quarters
- Sharing of incomes and expenses
- Joint use or ownership of property
- Whether parties hold themselves out as husband and wife
- The continuity of the relationship
- The length of the relationship
- The degree of access to the residence (does each possess a set of
keys)
E. Primary Physical Aggressor- The Code requires a peace officer to
arrest and take into custody the primary physical aggressor of the
domestic abuse assault when the assault caused a bodily injury,
involved the use or display of a dangerous weapon or was committed
with the intent to commit a serious injury. See Iowa Code Sections
236.12(2) (b)(c) and (d). Considerations relating to an officer's
determination of the primary physical aggressor are set forth in Iowa
Code Section 236.12(3).
In identifying the primary physical aggressor, a peace officer shall
consider the need to protect the victims of domestic abuse, the
relative degree of injury or fear inflicted on the persons involved, and
any history of domestic abuse between the persons involved, and
shall not be based solely on the absence of visible indications of injury
or impairment.
F. Discretionary Arrest. Peace officers may arrest a person for a simple
misdemeanor (non -injury inflicting) domestic abuse assault, but are not
required to do so. Discretionary arrest also applies to indictable level
offenses where the offender was not the primary physical aggressor.
G. Pro - Arrest Policy: Refers to a philosophical position in which physical
arrest should be made in situations where an arrest is _legally_,
permissible.
OPS -14.4
IV. PROCEDURES
Procedures for the following qualifying factors are included in this protocol:
A. Communications
B. Officer Responsibility at the Scene
C. Officer Approaching the Scene
D. Written Reporting -?
E. Victim Rights
F. Follow -up Investigation - --
G. Confidentiality
H. Hostage Situations
I. Officer Training G
J. Officers Charged with Domestic Abuse y
A. COMMUNICATIONS
The Emergency Communications Operator (ECO) shall dispatch officers
to every reported incident of domestic abuse. When warranted, the ECO
should give a domestic abuse incident call priority as would be given to
any other life threatening call. Whenever possible, a minimum of two
officers should be dispatched to the scene.
During the initial call for assistance, the ECO should ask these questions:
1. Where is the emergency? What address? What apartment
number?
2. Who am I speaking to?
3. What has happened?
4. Has anyone been injured? If yes, is an ambulance needed?
5. Are you the victim? If no, are you a witness?
6. Is the suspect present? What is his /her name? Please describe
the suspect and, if not present, his /her expected whereabouts.
7. Are weapons involved? If yes, what kind?
8. Is the suspect under the influence of drugs or alcohol? If yes, what
substance?
9. Are children present?
10. Have the police been to this address before? If yes, how many
times?
11. Does the victim have a current restraining order?
Communications will dispatch all pertinent information to the responding
officers. As events progress through a domestic abuse incident, the ECO
will keep the responding officer(s) apprised. The ECO should listen for
background noises that assist in evaluating the threat level (screams,
O PS -14.5
shouts, threats, breaking glass, and furniture). These sounds will raise the
potential danger level and can help to provide the probable cause required
if criminal charges are filed. During the dispatching process, the ECO
should initiate a check to determine the existence of no- contact orders
(both civil and criminal), and notify the officer(s) of the results. Meanwhile,
the ECO should continue to reassure the victim /caller that assistance is en
route. Remaining on the line with the caller is preferential; if the
victim /caller chooses to hang -up; this shall not influence the response
effected. If the hang -up was voluntary, a callback should be made to
inquire whether the victim /caller can be located by officers upon their
arrival. Likewise, if the caller states that officers are no longer needed, the
call will continue to proceed, and under no circumstances will the call be
cancelled.
9 -1 -1 calls and calls for assistance or /calls received on the routine line
should be preserved for any possible prosecution. Requests for 9 -1 -1
recordings to be taped for preservation will be made through the ECO
supervisor by the domestic abuse investigator.
Once a call is classified as a domestic, the ECO shall not reclassify the
call. In instances where a call is classified as something other than a
domestic, and the call is in fact a domestic, the ECO, upon notification
from the officer may reclassify the call as a domestic.
OFFICER APPROACHING THE SCENE
1. Domestics are a high priority call. Officers will respond immediately
with due consideration of the information available and coordinate
their approach if two one -unit crews respond.
2. Remain in contact with the dispatcher, requesting assistance, (see
"Communications" section above) information and updates as
needed. If protective orders are in force, then verification and
clarification should be obtained from the county sheriff's
department. (See "protective orders" section below.)
3. Remain alert for suspect leaving the scene.
A. OFFICER RESPONSIBILITY AT THE SCENE _
When officers respond to a call for assistance at the scene of a domestic
abuse incident, they shall:
1. Approach the scene safely, and in an alert manner. y
2. Identify yourself and give an explanation of your presence'
Request entry into the home when conditions permit. When
permission is freely and voluntarily given by either party, a search
of the premises may occur.
O PS -14.6
3. When entry is refused, exercise persistence in gaining entry based
on the request for assistance received by the department. Request
communications re- establish contact with the complainant, if it has
been lost, and reassess the situation. If entry continues to be
refused, contact the watch commander /supervisor for further
guidance if circumstances permit.
4. Forced entry may be allowed when probable cause exists to
suspect that a felony is occurring, has just occurred, or that a life is
in danger. In evaluating the need for forced entry, the officer (s)
must consider the degree of urgency versus requesting a warrant,
the possibility of danger, whether the suspected offense involved
violence and whether the belief exists that persons may be armed.
(See exigent circumstances analysis in Use of Force G /0)
5. In incidents where a suspect has vacated the scene, and probable
cause exists for an arrest, a complaint and affidavit shall be
prepared immediately, and forwarded to a judge for a request for
issuance of an arrest warrant. However, an officer may arrest a
violator within the first 24 hours of an incident without a warrant.
(See Iowa Code Section 236.11)
6. Restore order.
7. Take control of all weapons known to be used, or used in a
threatening manner, and safely store them. (See Seizure of
Weapons, Iowa Code Chapter 809.) Iowa Code Section
809.1(1)(c) defines seizable property as "... property which if not
seized by the state poses an imminent danger to a person's health,
safety or welfare." When weapons are seized, the officer shall
notify a supervisor of the seizure prior to the officer going off duty.
8. Assess the need for medical attention, and call for assistance if
warranted, and whenever requested by the victim. The officer shall
assist the victim in obtaining transportation to the nearest hospital if
requested.
9. Determine complainant, separating all parties if possible, including
suspect, victim, children, and other witnesses.
10. Interview all parties.
11. Following interviews, a conference of the responding officers
should occur with the goal of arriving at a consensus for
determining whether to arrest. Apply appropriate Chapter 236,
Domestic Abuse criteria in making the decision to arrest. If
consensus or a determination is not made, a supervisor shall be
called to assist. When an officer is solo in responding, they may
confer with a supervisor as needed. Identifying the primary,
aggressor is necessary, as persons acting in self -def a arp-
exempt from this mandatory arrest.
12. If probable cause exists, arrest the suspect. Read suspect- Mifanda
rights. Place individual in custody. Field release or isauing of
citations are not allowed in the event domestic abuse has occurred.
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O PS -14.7
This applies to either / both arrest for domestic abuse, related
charges and / or violations of protective orders. If possible,
immediately transport suspect to jail.
Factors that tend to support a finding of probable cause for arrest
include: physical injuries (including bruises or cuts); disheveled
clothing or furniture; a victim's credible statements or visible fear;
credible statements of witnesses, including children; and previous
calls to the home. If probable cause exists, an arrest shall be
made, regardless of the stated wishes of the victim or the apparent
use of alcohol or drugs by either the victim or abuser.
13. If a child has been injured or assaulted, a mandatory report shall be
made to the Department of Human Services. Any time a
companion charge of "Child Endangerment" is made, Department
of Human Services must be contacted. Notification shall include
contacting DHS by phone prior to the end of the watch and
forwarding copies of the written report. Reports should include
names and DOB of all children present as well as an account of
where they were at time of assault, what they saw, and /or heard.
14. Collect and record evidence, including torn clothing, broken objects,
etc.
15. Photograph the following:
a. Victim in a full body picture (front and back).
b. Victim's specific injury(s).
c. Children.
d. Scene, including broken objects, weapons, general disarray,
etc.
e. If possible, the suspect's full body and any injuries, in addition to
the mug shot.
f. When photos are taken at a domestic incident, the film sheet
should be marked as a domestic along with the incident number
being noted
g. When the property manager receives prints from a domestic
incident, they shall be forwarded to the domestic abuse
investigator.
h. Photos of any injuries present on the suspect.
16. When an arrest causes a child(ren) to be without responsible adult
supervision, Department of Human Services shall be contacted.
17. Upon filling out the complaint, the officer will also complete the
victim section of the incident report, making sure to include name,
address, DOB, SS #, sex and race. A photocopy of the incident
report containing this information will be attached to the cc�-iplaint -
C. ENFORCEMENT OF COURT PROTECTION ORDERS
Violation of a valid court order shall be enforced in the same manner ar4
with the same vigor as violations of statutory law. When encountering
-- c3
4s
OPS -14.8
potential court order violations in domestic violence or other contexts,
officers shall follow these procedures.
1. In cases of domestic violence, officers shall use all reasonable
means to quell open conflict, protect the victim(s) and enforce the
law as applicable in procedures set forth in this policy on domestic
violence.
2. Officers are responsible for determining whether a valid court
protection order is in force. The officer shall verify existence of the
order and its provisions by referring to the copy provided by the
victim and / or by requesting that the ECO check with the Sheriff's
Department in the county where the court order was issued.
An officer shall arrest a violator when probable cause exists to
believe a person has violated a court order and the violation is
grounds for arrest.
3. Arrest of the offender is the preferred agency response if probable
cause for an arrest exists, whether or not the victim wishes to file a
complaint.
4. If a person is suspected of violating a no contact order, the
investigating officer shall run a criminal history on the suspect and
check for any prior convictions for violation of a no contact order.
(allows for enhanced penalties)
D. WRITTEN REPORTING
Written reports should be factual, specific and clear so as to present an
accurate portrayal of the domestic abuse incident. Written documentation
that will be made as a result of a domestic abuse arrest are the complaint
and affidavit, a supplementary information report narrative, Iowa City
Police Incident Report Form, and the Domestic Abuse Reporting Form.
All officers present at a domestic shall complete a report including
narrative detailing their observations. In instances where there is a no
locate, or the call was incorrectly classified as a domestic, the primary
officer shall complete a report detailing the circumstances and identifying
the correct call classification.
All reports involving a domestic or originally classified as a domestic, or
involving the violation of a domestic abuse no contact order shall be
forwarded to the departments domestic abuse investigator.
Reports will, at a minimum, contain narratives which will in thp=
following information:
1. full names of parties involved, including dates of birth of the=suspes
and victim -
OPS -14.9
2. address and phone numbers for the victim, witnesses and those
present, including the address and phone number of the location
where the victim will be staying
3. reports should include names and DOB of all children present as
well as an account of where they were at time of assault, what they
saw, and /or heard
4. the relationship of the victim and suspect
5. location of the assault
6. whether no contact orders are known to exist
7. a description of the scene
8. weapons used
9. whether a 9 -1 -1 call was received and if the tape was preserved
10. documentation of injuries of all parties injured
11. if alcohol is involved, the result of any PBT given to the suspect and
victim
12. whether they received medical treatment
13. an indication of whether the victim was presented their rights
14. Excited utterances should be recorded in quotation marks. Other
statements may be directly recorded or summarized. The
demeanor, spirit and physical description of the suspect should be
noted along with that of the victim.
15. If the officer is aware of pending domestic charges, note that fact in
the narrative.
E. VICTIM RIGHTS
Chapter 236.12 identifies victim rights which must be provided to the
victim in writing and / or verbally. The Iowa City Police Department will
routinely present the victim their rights in written and verbal form. Officers
at the scene will present the victim a printed copy of their rights and
request the victim sign the sheet. One copy of the form should left witt
the victim and the other included with the domestic abuse su
p ; plenta
report and narrative.
F. FOLLOW -UP INVESTIGATIONS
All domestic abuse reports shall be forwarded to the domestic embus
investigator for review. Useful information not obtained in the ini§0I repok-
gathering stage may require a follow -up investigation. History of domestiF
abuse, past requests for service with observance of frequency of
occurrence noted, interview of witnesses and any other information
applicable may be included. Photographs may be taken as injuries
change in their appearance. Other photographs may be taken as part of
the investigation, however, all photographs shall be appropriately logged.
O PS -14.10
If an emergency 9 -1 -1 call initiated the domestic abuse response, then the
domestic abuse investigator shall forward a written request to the ECO
supervisor for a copy of the call to be taped and forwarded to the domestic
abuse investigator.
G. CONFIDENTIALITY
Iowa Code Chapter 236A defines and describes issues of confidentiality
specific to victim services. Victim services personnel shall be afforded
courteous and respectful treatment, as they must honor the law
reciprocally.
H. HOSTAGE SITUATIONS
As a hostage situation becomes apparent to the investigating officer, and /
or ECO, the watch commander / supervisor shall be immediately notified.
Following an assessment of the circumstances, a determination shall be
made as to strategy of implementation. Special Response Team (SRT)
protocol and personnel may determine this strategy.
O k'
I. OFFICER TRAINING
In addition to initial domestic abuse training at the Iowa Law Enforpeme P
Academy, the Iowa City Police Department will routinely offer training in--
regard to domestic abuse. Training will be provided by both 1-n -k ous
staff, as well as utilizing outside authorities.
y �
J. OFFICERS CHARGED WITH DOMESTIC VIOLENCE
Concerning application of Iowa Law, should a law enforcement officer be
arrested for domestic abuse, they will be treated equitably as would any
other citizen. Likewise, the Iowa City Police Department will adhere to the
Federal Lautenberg Amendment concerning the possession of firearms
should a domestic abuse conviction occur, within this jurisdiction, or any
other within the United States.
In responding to a domestic abuse call for assistance, should it be known
that any sworn officer, of this or any other law enforcement agency, in or
out -of- state, are identified as a suspect, the watch commander /
supervisor will be immediately notified. Additionally, the watch
commander / supervisor shall be notified if any other employee of the Iowa
City Police Department is arrested for domestic abuse.
In the event that any officer or employee of the Iowa City Police
Department is arrested for domestic abuse, or involved as a victim of a
O PS -14.11
domestic assault, or is a suspect but not arrested for a domestic assault,
appropriate referrals for services and assistance will be made. Internal
Investigations will be conducted as warranted. A copy of the report on
such an incident shall be forwarded to the Office of the Chief of Police.
RA. Winkel hake, Chief of Police
WARNING
This directive is for departmental use only and does not apply in any criminal or
civil proceeding. The department policy should not be construed as a creation of
higher legal standard of safety or care in an evidentiary sense with respect to
third -party claims. Violations of this directive will only form the basis for
departmental administrative sanctions.
r
LEG -02.1
ARRESTS
Date of Issue General Order Number
October 11, 1999 199-11
Effective Date Section Code
October 15, 1999 LEG - 02
Reevaluation Date I Amends/ Cancels
October 2005 11/04
C.A.L. E.A. Reference
1.2.5,1.2.6t 1.2.7
The purpose of this policy is to explain the procedures to be used when a person
is arrested by members of the Iowa City Police Department.
II. POLICY
It is the policy of the Iowa City Police Department to conform with statutory and judicial
requirements pertaining to arrests. The decision to arrest will be based on the facts
surrounding the incident. Officers are to use the least restrictive, reasonable method to
accomplish their goal.
INDEX AS:
=
Use of Force
Arrests
Citations
Discretion
Prisoner Transport
Domestic Abuse
y
c.n
I. PURPOSE
The purpose of this policy is to explain the procedures to be used when a person
is arrested by members of the Iowa City Police Department.
II. POLICY
It is the policy of the Iowa City Police Department to conform with statutory and judicial
requirements pertaining to arrests. The decision to arrest will be based on the facts
surrounding the incident. Officers are to use the least restrictive, reasonable method to
accomplish their goal.
LEG -02.2
III. DEFINITIONS
Iowa Code Section 804.5 is as follows:
Arrest defined.
Arrest is the taking of a person into custody when and in the manner authorized
by law, including restraint of the person or the person's submission to custody.
IV. PROCEDURES
ARREST WITHOUT A WARRANT
Authorization to arrest is contained in section 804.7 of the Code of Iowa. A
Peace Officer is authorized to make an arrest without a warrant under the
following conditions.
A peace officer may make an arrest in obedience to a warrant delivered to the
peace officer, and without a warrant:
A. For a public offense committed or attempted in the peace officer's presence.
B. Where a public offense has in fact been committed, and the peace officer
has reasonable ground for believing that the person to be arrested has
committed it.
C. Where the peace officer has reasonable ground for believing that an
indictable public offense has been committed and has reasonable ground for
believing that the person to be arrested has committed it.
D. Where the peace officer has received from the department of public safety, or
from any other peace officer of this state or any other state or the United
States an official communication by bulletin, radio, telegraph, telephone, or
otherwise, informing the peace officer that a warrant has been issued and is
being held for the arrest of the person to be arrested on a designated charge.
E. If the peace officer has reasonable grounds for believing that domestic
abuse, as defined in section 236.2, has occurred and has reasonable
grounds for believing that the person to be arrested has committo_ it.
1. As required by section 236.12, subsection 2. (Domestic Ai Asa Assault
Provisions) `=
TREATMENT OF PRISONERS In making an arrest, officers will use only that amount of force -id asori'bly
necessary to effect the arrest. Prisoners shall be treated with 415propx aate
respect. Officers shall not physically mistreat or verbally harass av individual
that they have taken into custody. Medical treatment will be made ava&ble
when the arrestee is injured or complains of injury.
ARREST /CITATIONS
All persons charged for simple misdemeanors should be released on a promise
to appear in court at a specified date and time, unless the officer has an
articulable reason for a physical arrest of the subject. (Juveniles shall be
handled in accordance with departmental directives pertaining to juveniles.)
Considerations for a custodial arrest instead of a cite and release are included in
section 805.1 of the Code of Iowa.
Factors to be considered by the agencies in formulating the guidelines relating to
the issuance of citations for simple misdemeanors not governed by subsection 2,
LEG -02.3
shall include but shall not be limited to all of the following: (see 805.1(3)(b) Code
of Iowa)
A. Whether a person refuses or fails to produce means for a satisfactory
identification.
B. Whether a person refuses to sign the citation.
C. Whether detention appears reasonably necessary in order to halt a
continuing offense or disturbance or to prevent harm to a person or persons.
D. Whether a person appears to be under the influence of intoxicants or drugs
and no one is available to take custody of the person and be responsible for
the person's safety.
E. Whether a person has insufficient ties to the jurisdiction to assure that the
person will appear or it reasonably appears that there is a substantial
likelihood that the person will refuse to appear in response to a citation.
F. Whether a person has previously failed to appear in response to a citation or
after release on pretrial release guidelines.
Additional factors to be considered relating to the issuance of citations or other
offenses for which citations are authorized shall include but shall not be limited to
the following concerning the person. (see 805.1(3)(c) Code of Iowa)
Additional factors to be considered in the formulation of guidelines relating to the
issuance of citations for other offenses for which citations are authorizect shall
include but shall not be limited to all of the following concerning the son:`=`
A. Place and length of residence.
B. Family relationships.
C. References. - c
D. Present and past employment.
E. Criminal record.
F. Nature and circumstances of the alleged offense. y
G. Other facts relevant to the likelihood of the person's response to a citatidr?.
Even if a citation is issued, the officer may take the cited person to an
appropriate medical facility if it reasonably appears that the person needs
medical care.
All persons arrested for simple misdemeanor traffic offenses should be released
on a uniform traffic citation, scheduled to appear in court on a specified date and
time, unless the officer has an articulable reason for the physical detention
instead of a traffic citation.
INDICTABLE ARRESTS
All persons charged with a serious misdemeanor or above, shall be arrested and
transported to the Johnson County Jail, unless a supervisor approves of other
arrangements. The transport of prisoners shall comply with departmental
directives pertaining to prisoner transport.
LEG -02.4
TURN IN PROCESS
When arrangements have been made for a subject to turn him /herself in at a
later date, the charging officer shall:
A. notify the Emergency Communications Operator (ECO) of the date and time
that the person will turn him /herself in;
B. advise the ECO of the location of the charge(s);
C. fill out an arrest report as completely as possible and leave it with the
charge(s).
The arresting officer will advise the subject of the charge(s) against him /her and
transport him /her to the Johnson County Jail. The arresting officer shall
complete the arrest report and check for any un- served warrants. They shall
also record the name of the receiving officer on the arrest report.
ARREST WITH A WARRANT
Authority to arrest persons with a warrant is contained in Chapter 804 of the
Code of Iowa.
Section 804.6 of the Code of Iowa is as follows:
Persons authorized to make an arrest.
An arrest pursuant to a warrant shall be made only by a peace officer; in other
cases, an arrest may be made by a peace officer or by a private person as
provided in this chapter.
Section 804.7(4) of the Code of Iowa authorizes arrests by a peace officer with a
warrant. It is as follows:
Where the peace officer has received from the department of public safety, or
from any other peace officer of this state or any other state or the United States
an official communication by bulletin, radio, telegraph, telephone, or otherwise,
informing the peace officer that a warrant has been issued and is being held for
the arrest of the person to be arrested on a designated charge.
SERVICE OF ARREST WARRANTS
A. When possible, the Department will attempt to serve a warrant within thirty
(30) days of a warrant being received.
B. Prior to the service of the warrant an assessment of the risk factors as
defined in the SRT policies and procedure manual shall be mad---
C. Warrants will be prioritized as follow: =�?
1. warrants for persons known to be violent or potentially dangerous;
2. felony warrants �.
3. warrants for indictable offenses;
4. non - violent misdemeanor warrants.
D. The officer serving the warrant shall confirm that the warrant is s activpnd
cr
the pickup limits of the warrant, prior to service of the warrant. w
E. All warrants shall be served by sworn officers.
F. At least two (2) officers should be present when serving an arrest warrant.
G. Officers should activate their In Car Recording Device when serving the
warrant.
LEG -02.5
H. Officers shall notify the ECO of the pending action and its location. As
appropriate other officers may be notified of the activity.
I. When notified by another agency that it will be serving a warrant in Iowa City,
a supervisor may send officers to assist in the serving of the warrant.
J. Upon arresting a subject on a warrant, the officer will transport the subject to
the Johnson County Jail unless otherwise specified.
K. Prior to serving a warrant outside the corporate limits of Iowa City, the officer
shall:
1: obtain the permission of a watch supervisor;
2. advise the ECO of the action;
3. contact the local agency with jurisdiction and request the presence of a
local officer during the arrest.
USE OF FORCE IN MAKING AN ARREST
Section 804.8 of the Code of Iowa defines the limits of the force, vntj-ch may be
used when making an arrest. In addition, members of the low; `city Nlice-
Department shall be guided by departmental Use of Force directives - where
executing an arrest. 804.8 is as follows: USE OF FORCE BY PEACE OFFICER MAKING AN ARREST.
A peace officer, while making a lawful arrest, is justified in the use any farce,
which the peace officer reasonably believes to be necessary to effect the ar"est
or to defend any person from bodily harm while making the arrest. However, the
use of deadly force is only justified when a person cannot be captured any other
way and either
A. The person has used or threatened to use deadly force in committing a felony
or
B. The peace officer reasonably believes the person would use deadly force
against any person unless immediately apprehended.
A peace officer making an arrest pursuant to an invalid warrant is justified in the
use of any force which the peace officer would be justified in using if the warrant
were valid, unless the peace officer knows that the warrant is invalid.
DISCRETION
The Iowa City Police Department recognizes that there are often alternatives to a
custodial arrest. Since it is impossible to anticipate every such circumstance in
which action should be taken, it shall be left to the officer at the scene to
determine the degree of intervention necessary. When making an arrest, officers
should use the least restrictive form necessary to obtain the desired objective.
A. It is unrealistic to expect officers to enforce all laws and ordinances,
regardless of the circumstances encountered. Officers must make the
decision to arrest, cite, warn, or use other alternatives, based on applicable
law and the circumstances of the particular incident.
B. Members of this department shall always act in accordance with the law and
departmental rules and regulations. When discretion is employed it must be
reasonable, defensible, and used to accomplish a police purpose.
LEG -02.6
-0,
R. J. Winkelhake, Chief of Police
WARNING
This directive is for departmental use only and does not apply in any criminal or civil
proceeding. The department policy should not be 'construed as a creation of a higher
legal standard of safety or care in an evidentiary sense with respect to third -party
claims. Violations of this directive will only form the basis for departmental
administrative sanctions.
LEG -03.1
FIELD INTERVIEWS
AND "PAT- DOWN"
SEARCHES
Date of Issue General Order Number
October 13, 1999 199-12
Effective Date Section Code
October 18, 1999 LEG -03
Reevaluation Date I Amends/ Cancels
October 2005 11/04
C.A.L. E.A. Reference O
1.2.4, 41.2.4 c;
INDEX AS : -''
Field Interviews Field Information (FI) Cards
Pat -Down Searches Searches
v
_ -al
PURPOSE
The purpose of this policy is to assist officers. in determining when field
interviews and pat -down searches are warranted and the manner in which they
shall be conducted.
II. POLICY
The field interview is an important point of contact for officers in preventing and
investigating criminal activity. But even when conducted with respect for involved
citizens and in strict conformance with the law, it can be perceived by some as a
means of police harassment or intimidation conducted in a discriminatory manner
against groups or individuals. In order to maintain the effectiveness and legitimacy of
this practice and to protect the safety of officers in approaching suspicious individuals,
members of the Iowa City Police Department shall conduct field interviews and perform
pat -down searches in conformance with procedures set forth in this policy.
LEG -03.2
111. DEFINITIONS
A. Field interview: The brief detainment of an individual, whether on foot or in a
vehicle, based on reasonable suspicion for the purposes of determining the
individual's identity and resolving the officer's suspicions.
B. Pat -Down Search: A "frisk" or external feeling of the outer garments of an
individual for weapons only.
C. Reasonable Suspicion: Articulable facts that, within the totality of the
circumstances, lead an officer to reasonably suspect that criminal activity, has
been, is being or is about to be committed.
IV. PROCEDURES -
G,
A. FIELD INTERVIEWS
4
1. Justification for conducting a Field Interview - Officers 5may p
individuals for the purpose of conducting a field interview only where
reasonable suspicion is present. Reasonable suspicion must be more
than a hunch or feeling, but need not meet the test for probable cause
sufficient to make an arrest. in justifying the stop, the officer must be able
to point to specific facts that, when taken together with rational inferences,
reasonably warrant the stop. Such facts include, but are not limited to:
a. The appearance or demeanor of an individual suggests that he /she is
part of a criminal enterprise or is engaged in criminal activity;
b. The actions of the suspect suggest that he /she is engaged in a
criminal activity;
c. The hour of the day or night is inappropriate for the suspect's presence
in the area;
d. The suspect's presence in a location is inappropriate;
e. The suspect is carrying a suspicious object;
f. The suspect's clothing bulges in a manner that suggests he /she is
carrying a weapon;
g. The suspect is in proximate time and place to the alleged crime;
h. The officer has knowledge of the suspect's prior criminal record or
involvement in criminal activity.
2. Procedures for initiating a Field Interview - Based on observance of
suspicious circumstances or upon information from investigation, an
officer may initiate the stop of a suspect if he /she has an articulable,
reasonable suspicion to do so. The following guidelines shall apply when
making an authorized stop to conduct a field interview.
a. When approaching the suspect, the officer shall clearly identify
him /herself as a member of the Iowa City Police Department, and if
LEG -03.3
not in uniform, the officer shall announce his /her identity and display
departmental identification.
b. Officers shall be courteous at all times during the contact but maintain
caution and vigilance for furtive movements to retrieve weapons,
conceal or discard contraband, or other suspicious actions.
c. Before approaching more than one suspect, individual officers should
determine whether the circumstances warrant a request for backup
assistance and whether the contact can and should be delayed until
such assistance arrives.
d. Officers shall confine their questions to those concerning the suspect's
identity, place of residence and other inquiries necessary to resolve
the officer's suspicions. However, in no instance shall an officer detain
a suspect longer than is reasonably necessary to make these limited
inquiries.
e. Officers are not required to give suspects "Miranda" warnings in order
to conduct filed interviews unless the person is in custody and about to
be interrogated.
f. Suspects are not required, nor can they be compelled, to answer any
questions posed during field interviews. Failure to respond to an
officer's inquiries is not, in and of itself, sufficient grounds to make an
arrest although it may provide sufficient justification for additional
observation and investigation.
3. Reporting - If after conducting a field interview there is no basis for making
an arrest, the officer should record the facts of the interview on the
departmental FIELD INFORMATION CARD (FI card) and write the
incident number on the FI card. Field Information Cards should be
submitted to the Records Division. Upon entry of the information from the
FI card into the records system, the Report Review Officer all f6rw- and
the original FI cards to the Lieutenant of Investigations. =
B. PAT -DOWN SEARCHES
1. Justification for conducting Pat -Down Searches: An officer has, the right to ;;
perform a pat -down search of the outer garments of a suspect' for
weapons if he /she has been legitimately stopped witfiUreasoMble
suspicion and only when the officer has a reasonable fear for his /her own
or another person's safety. Clearly, not every field interview poses
sufficient justification for conducting a pat -down search. Following are
some criteria that may form the basis for establishing justification for
performing a pat -down search. Officers should note that these factors are
not all- inclusive; there are other factors that could or should be
considered. The existence of more than one of these factors may be
required in order to support reasonable suspicion for the search.
a. The type of crime suspected - particularly in crimes of violence where
the use or threat of deadly weapons is involved.
b. Where more than one suspect must be handled by a single officer.
c. The hour of the day and the location where the stop takes place.
LEG -03.4
d. Prior knowledge of the suspect's use of force and /or propensity to
carry weapons.
e. The appearance and demeanor of the suspect.
f. Visual indications that suggest that the suspect is carrying weapon.
2. Procedures for performing a Pat -Down Search
a. When reasonable suspicion exists to perform a pat -down search, it
should be performed with due caution, restraint and sensitivity. These
searches are only justifiable and shall only be performed to protect the
safety of officers and others and may never be used to "shake- down"
individuals or groups of individuals or as a pretext for obtaining
evidence. Under these circumstances, pat -down searches should be
conducted in the following manner.
1) When possible, pat -down searches should be conducted in the
presence of a second officer who provides protective cover.
2) Because pat -down searches are cursory in nature, they should be
performed with the suspect in a standing position. Should a
weapon be visually observed, a more secure search position may
be used.
3) In a pat -down search, officers are permitted only to feel the outer
clothing of the suspect. Officers may not place their hands in
pockets unless they feel an object that could reasonably be a
weapon.
4) If the suspect is carrying an object such as a handbag, suitcase,
briefcase, backpack, book bag or any other item that may conceal
a weapon, the officer should not open the item but instead place it
out of the suspect's reach.
5) If the external feeling of the suspect's clothing fails to disclose
evidence of a weapon, no further search may be made. If evidence
of a weapon is present, an officer may retrieve that item only. If the
item is a weapon the possession of which is a crime, the officer
may make an arrest of the suspect and complete a full- custody
search of the suspect.
3. If during the course of an authorized pat -down search of an individual, an
officer comes upon an item that the officer readily recognizes through
his /her experience and training is probably contraband, the officer may
remove the item from the suspects clothing. If upon further examination
the seized item is of a nature for which the possession of is crime, the
officer may make an arrest of the suspect and complete a full- custody
search of the suspect.
V is
cn
w
LEG-03.5
R. J. Wi kelhake, Chief of Police
WARNING
This directive is for departmental use only and does not apply in any criminal or civil
proceeding. The department policy should not be construed as a creation of a higher
legal standard of safety or care in an evidentiary sense with respect to third-party
claims. Violations of this directive will only form the basis for departmental
administrative sanctions.
1-5
SER -05.1
WEAPONS
Date of Issue General Order Number
October 4, 2000 100-08
Effective Date Section Code
October 30, 2000 SER -05
Reevaluation Date I Amends / Cancels
October 2005 11/04
C.A. L. E. A. Reference
1.3.9-12, 33 1 5, 33 5.1 1 Use of Force / Training
INDEX AS:
Firearms Use of Force
Munitions Less Lethal _�
Off -duty weapons Training 1
Weapons Field Training
Special Response Team
I. PURPOSE
The purpose of this order is to identify those positions responsible for training off ice—ygs in
the use of various types of weapons and the minimum requirements for officers to carry
certain weapons. In addition this order identifies minimum specifications handguns and
munitions must meet to be authorized by the Iowa City Police Department.
II. POLICY
It is the policy of the Iowa City Police Department to equip its officers with weapons and
ammunition which are safe and reliable. It also the policy of the Department to require
officers to demonstrate at least annually, proficiency in the use of all firearms, and
intermediate weapons utilized under color of official duty. The Iowa City Police
Department recognizes that combative, armed and /or violent subjects create handling
and control problems requiring special training and equipment.
SER -05.2
III. DEFINITIONS
Range Officer - A sworn member who has received specialized training in the
instruction of firearms training and activities (firearms instructor school). The Range
officer shall be responsible for all aspects of firearms training including the inspection,
evaluation, maintenance of and repair of all firearms authorized for use by the Iowa City
Police Department. The Range Officer shall be responsible for the development and
coordination of firearms training, courses of fire, recommendations for firearms, targets
and all supplies needed for the operation of the firing range and duty use.
Range Instructor - A sworn member who has received specialized training in the
instruction of firearms training and activities (firearms instructor school) and
recommended by the Range Officer, Training Officer and approved by the Chief of
Police or designee.
Armorer - Sworn member who has received specialized training to provide firearms
manufacturer's authorized maintenance and repair for authorized firearms. The armorer
must be recommended by the Range Officer, Training Officer and approved by the
Chief of Police or designee. The written approval shall specify which firearms the
armorer is authorized to maintain and repair.
Departmental issued handgun - Handgun issued to the officer by the department and
which the officer shall carry when on duty. Any exceptions require the approval of the
Chief of Police or designee.
Department issued shotgun - Shotgun provided by the department for deployment in
tactical situations.
Authorized Automatic Weapon - Any department issued automatic weapon which the
officer has met approved levels of proficiency in firearms qualification training.
Projectile Launcher - Any department issued launcher with which the officer has met
approved levels of proficiency in firearms or less lethal qualification training.
Less Lethal Philosophy - A concept of planning and force application, which meets
operational objectives, with less potential for causing death or serious - i_ntury t{ an
conventional police tactics.
i
Subject - The person who is the focus of the police operation. - ; c.
Official color of duty - Any action taken by a sworn officer whether on or off1�duty
pursuant to his /her status or authority as a police officer and within the scope of their
duties.
Defensive Tactics Instructor - Sworn officer who has received specialized training in the
instruction of defensive tactics.
SER -05.3
Baton Instructor - Sworn officer who has received specialized training in the instruction
of department issued impact weapons.
Less Lethal Munitions Instructor - Sworn officer who has received specialized training in
the instruction of department issued less lethal munitions.
Department issued impact weapons - The department issued impact weapons will
consist of the collapsible straight baton or the 36" straight baton. Any deviation shall be
approved by the Chief of Police or designee.
Personally owned weapons - Any weapons not purchased and owned by the
department. Personally owned weapons shall not be worn or carried on duty without
the express written permission of the Chief of Police or designee.
IV. PROCEDURES
A. GENERAL FIREARMS REQUIREMENTS
1. All on -duty sworn personnel, whether in uniform or non - uniform, shall be
armed with a departmentally issued duty handgun.
a. Exceptions -
i. Officers operating in a status where possession of a firearm would
endanger the officer or the operation in which they are participating.
ii. Where there is a need to or requirement that officers secure their
weapon prior to entering a secured area. I.e. courtroom,
correctional facilities or psychiatric wings of hospitals.
iii. Officers with non - uniform administrative assignments while
performing that assignment.
iv. Officers on "light duty" will carry weapons based on limitations as
provided by a physician.
2. Prior to initial issuance, weapons shall be reviewed, inspected and
approved. On an on -going basis, qualified instructors or armorers shall
conduct inspections of individual weapons. The date of the inspection and
name of the inspector shall be recorded and forwarded to the Range
Officer, "Quartermaster" (individual chemical and impact weapons),
Training Officer or SRT supervisor, as appropriate.
a. If a weapon is determined to be unsafe, the instructor or armorer shall
remove it from use pending repair, record the malfunction, cause repair
to be made, and provide a replacement to the employee as soon as
practical.
3. Non - uniformed on -duty officers carrying a firearm in an unconcealed
manner must be readily identifiable as a police officer by wearing their
badge adjacent to the weapon.
SER -05.4
4. Whether on or off -duty, officers shall carry their police identification while
armed.
a. Exceptions
i. When participating in recreational shooting events.
ii. When the possession of police identification would endanger the
officer, or operation in which he /she is participating.
iii. When in the department issued Class A or Class B uniform, the
uniform may serve as police identification.
5. The carrying of a handgun while off -duty shall be at the discretion of the
officer. If the officer elects to carry a Department approved handgun off -
duty, it shall be concealed from public view. An officer electing not to
carry a handgun while off -duty shall not be subject to disciplinary action if
an occasion should arise in which they could have taken police action
were they armed.
C-
6. The carrying of a personal backup firearm is prohibited.
7. All sworn officers shall be armed with a Department approved handgun
while operating any marked police vehicle. -J
8. Department issued firearms shall only be used for departmen4l duties
9. All officers must meet approved levels of proficiency in firearms
qualification training as set forth by the Range Officer and approved by the
Chief of Police
10. While on -duty, officers shall carry their handgun fully loaded. (I.e. full
chamber and magazines for semi -auto handguns and full cylinder for
revolvers.)
11. Long guns will be carried with the magazine loaded and the chamber
empty, unless being used by the officer.
12. Only magazines authorized by the department may be used in a firearm.
13. Officers are responsible for the safekeeping and security of all department
authorized firearms in their custody.
14. When loading or unloading a firearm in the Police Department, the
unloading / loading shall occur using the bullet trap provided by the
department.
15.All department issued firearms shall be stored, handled, and / or
maintained in such a manner as to prevent the firearm from accidentally
discharging.
SER -05.5
16.All department authorized weapons shall be stored consistent with Iowa
Code Chapter 724.22 (7).
a. It shall be unlawful for any person to store or leave a loaded firearm
which is not secured by a trigger lock mechanism, placed in a securely
locked box or container, or placed in some other location which a
reasonable person would believe to be secure from a minor under the
age of fourteen years, if such person knows or has reason to believe
that a minor under the age of fourteen years is likely to gain access to
the firearm without the lawful permission of the minor's parent,
guardian, or person having charge of the minor, the minor lawfully
gains access to the firearm without the consent of the minor's parent,
guardian, or person having charge of the minor, and the minor exhibits
the firearm in a public place in an unlawful manner, or uses the firearm
unlawfully to cause injury or death to a person. This subsection does
not apply if the minor obtains the firearm as a result of an unlawful
entry by any person. A violation of this subsection is punishable as a
serious misdemeanor. .
17. Officers shall not carry any firearm under the following circumstances:
a. The officer is on suspension or is directed not to do so by the Chief of
Police.
b. The officer has not successfully met proficiency and qualification levels
as set forth by the Department.
c. While consuming alcoholic beverages or taking medication that impairs
physical or mental ability.
18. Probationary officers shall carry weapons as directed by F e]CrTraining
protocols.
B. DISPLAY OF FIREARMS =
1. Except for general maintenance, supervisory inspections> s#ora a or__
authorized training, officers shall not draw or exhibit fir(ikms unless
circumstances create a reasonable suspicion that it may be ecessW—y to
lawfully use the weapon in conformance with departmental directives.
2. Unless specifically designed to be carried in this fashion, at no time shall a
firearm be carried or placed in a cocked condition, except for a second or
subsequent shot of a semi -auto firearm.
3. Department owned firearms shall not be carried or utilized for any non -law
enforcement activity without the express written permission of the Chief of
Police or designee.
4. No officer shall display or provide any weapon to a citizen to inspect,
examine or otherwise handle unless authorized by the Chief of Police or
designee.
SER -05.6
C. AUTHORIZED HANDGUNS
1. On -duty handgun, uniform duty
a. An approved on -duty handgun for uniform duty is any department
issued handgun as approved by the Chief of Police.
b. Specifications
i. Upon the effective date of this order, newly authorized handguns
must be double- action only or decock -only models. Single- action
handguns are not authorized.
ii. Minimum trigger pull weight: Factory trigger pull weight not less
than five (5) pounds.
iii. Barrel length: not less than 3.5 inches and not more than 6 inches.
iv. Ammunition capacity: six (6) round minimum.
v. Handguns shall be carried in department authorized holsters.
2. On -duty handgun, non - uniform duty
a. An approved on -duty handgun for non - uniform duty is any department
issued or personally owned departmentally approved handgun.
b. Specifications
i. Upon effective date of this order, newly authorized handguns must
be double- action only or decock only models. Single action
handguns are not authorized.
ii. Minimum trigger pull weight: Factory trigger pull weight not less
than five (5) pounds.
iii. Barrel length: not less than 3 inches and not more than 6 inches.
iv. Ammunition capacity: six round minimum.
v. Handguns shall be carried in department authorized holsters unless
authorized by the Commander of Field Operations.
a) Exceptions: Undercover officers or officers assigned to plain
clothes duty shall wear a holster or otherwise safely secure their
weapon.
3. Off -duty Handguns
a. An approved off -duty handgun is any department issued 1�ondgur%aor
personally owned handgun meeting the following eTu
i. Criteria for personally owned, off -duty handguns
a) .380 ACP or larger i ,,-
b) .45 ACP or smaller -
c) Annually inspected by a departmental armorer or rfirearms
instructor. r, -`
ii. Upon effective date of this order, newly authorized revoVers
must be double action. Single action only revolvers are prohibited.
Semi - automatics shall be carried according to manufacturer
specifications. Semi -autos which are carried with the hammer in
the rearward position shall be "cocked and locked" (hammer back
and safety on) and carried in an approved holster. Holsters shall
be approved by the Range Officer or Chief of Police.
iii. Minimum trigger pull weight: Factory pull weight not less than
five (5) pounds.
SER -05.7
iv. Ammunition Capacity: five (5) round minimum.
V. The handgun shall be concealed and carried in a secure
manner. (This does not include transportation of the weapon to
and from the officer's residence and the PD.)
4. Authorized Automatic Weapons
a. Specified Special Response Team (SRT) personnel may be authorized
to carry a department issued automatic weapon. The member shall
demonstrate proficiency for qualification as set forth by the range
officer and approved by the Chief of Police.
5. Authorized Shotguns
a. An approved shotgun is any department issued shotgun.
6. Authorized Rifle
a. Specified SRT personnel may be authorized to carry a department
issued rifle. The member shall demonstrate proficiency for
qualification as set forth by the range officer and approved by the Chief
of Police.
7. Authorized Projectile Launcher
a. All officers who are assigned special weapons and ammunition shall
successfully complete the applicable qualification courses and training
provided by the firearms or less lethal instructor.
8. Firearms Records
a. The Range Officer shall maintain a record for each firearm approved
by the Department for use under official color of duty which shall
include:
i. Initial date of service
ii. Description `_-' 1
iii. Manufacturer and Caliber --
iv. Serial number
v. Repair, service and modification history _
vi. Officer and date approved
vii. Proficiency qualification scores and dates.
a. Proficiency qualification scores /dates shall be forOrded �o the
Training Unit.
b. A copy of the firearm record shall be provided to the Commander of
Field Operations.
9. Firearms Modifications and Repairs
a. All department issued and department approved personally owned
firearms shall not be modified from the manufacturer's specifications,
except under the following circumstances:
i. All modifications or repairs shall be conducted by the manufacturer,
manufacturer authorized service center, or department approved
armorer.
S E R -05.8
Exception: Officers may personally install a slip -on grip on their
department issued or personally owned handgun. All other grip
changes or modifications shall be conducted per section i. above.
ii. The Range Officer shall be notified in writing of all modifications or
repairs. Documentation shall be kept on file with the primary
Range Officer.
10. Firearms Maintenance
a. Officers shall maintain all firearms issued to them, or approved for use
by the Department, in proper working order. Officers shall not
disassemble any Department issued or Department approved
personally owned firearm beyond field stripping, as per the
manufacturer recommendations for proper maintenance and cleaning.
All other disassembly shall be conducted by the manufacturer,
manufacturer authorized center, or department approved armorer.
b. Each repair or service transaction shall be documented and recorded
as required in section 9. ii. above.
11. Ammunition
a. Officers shall carry all department issued firearms or personally owned
firearms approved for duty use loaded with department approved
ammunition. This ammunition shall not be modified in any way.
b. The Range Officer shall be responsible for issuing all duty and training
ammunition for all officers of the Department.
i. All ammunition shall be produced by a major commercial
manufacturer of such product.
ii. All issued duty ammunition shall be rotated at least on an annual
basis.
iii. All issued duty and training ammunition shall be approved by the
Chief of Police or designee. e
iv. All ammunition carried in a department approved, pers Uy oW:i ed
off -duty firearm shall be approved by the Chief of = Police- or
designee.
12. Firearms Proficiency, Training and Testing -
Courses of fire and tests designed to require the officer 0_'m' o"rate - - --,
accuracy, safety, functionality and maintenance of the firearrs the afficer
carries or uses and knowledge of laws and departmental reguktions
concerning the use of force and weapons shall be required on an annual
basis.
a. All persons utilizing range facilities shall follow the direction of the
Range Officer /Range Instructor at all times.
b. Courses of fire will be designed by firearms training personnel to
include scores, target types, timing distance and practical conditions
that meet the needs of the department.
c. Scores will be documented as either pass /fail, or in annual firearms
qualification courses, as a numerical score with a minimum of 80%
required to pass and qualify.
SER -05.9
d. Proficiency tests will include demonstrated ability of the officer to
accomplish the following: drawing, holstering, clearing stoppages,
loading, unloading, and safe handling of the firearm as designated by
the training staff.
e. Target types will consist of, but not be limited to the following:
i. Paper targets with printed design to represent areas to hit and be
used in scoring accuracy.
ii. Steel targets that present instant feedback to the officer on
accuracy.
iii. Shoot/don't shoot targets that represent the need for an officer to
react appropriately.
iv. Firearms Training System (FATS)
f. Successful completion of a transitional training course conducted by
the firearms training staff is required by any officer who changes from
primary handgun of one design to a handgun of another design, prior
to being approved to carry the new handgun.
g. Annual handgun proficiency qualification requirements shall consist of
successful completion of two courses consistent with ILEA for each
issued handgun.
h. All officers who are assigned special weapons and ammunition shall
successfully complete qualification courses and training designed by
the firearms training staff and those in charge of the affected units on
an annual basis.
i. Remedial training shall be required of those officers who fail to achieve
the minimum scores or levels of proficiency that are required by the
Department.
i. Remedial training shall continue until the officer meets the
standard, or upon a third failed attempt to qualify, the Firearms
Instructor shall notify the officer's supervisor, Commander of Field
Operations and Chief of Police.
ii. Failure to meet the standard may result in temporary reassignment
to administrative duties that do not require the use of a firearm.
This may continue until the standard is met, but will not exceed five
(5) duty days.
iii. Continued failure to meet the standard may result in administrative
action being taken against the officer.
j. The Range Officer or Range Instructor conducting the firearms training
shall complete records documenting all firearms training for each
officer. These records shall be retained by the Training Unit.
k. All firearm instruction, training and qualification shall be provided by a
certified instructor.
13. Less Lethal Impact Projectiles
a. There are many projectiles considered "less lethal ". The primary types
used by the Iowa City Police Department are:
i. "bean sock" round - 12 gauge
ii. non - flexible - 37mm round
b. Only rounds purchased by the department may be used during a
deployment. Deployment shall be consistent with departmental
SER -05.10
directives on the Use of Force and the deployment of Less Lethal
munitions.
c. All 37mm less lethal munitions and delivery systems will be maintained
by the SRT. This system will only be deployed by department
members who have been trained and qualified in its use.
d. Targeted subjects who have been struck by either of these projectiles
shall be secured and transported to a medical facility for examination.
e. Bystanders who are struck by less lethal munitions shall be
encouraged to seek medical attention at a medical facility.
f. Only those persons trained and qualifying with the device may deploy
the device.
14. Impact Weapons
Training will be designed to require the officer to demonstrate proficiency
with the types of impact weapons carried and knowledge of the laws and
directives concerning the use of impact weapons. When used as an
impact tool, they are considered a level four use of force. Officers shall
only carry impact weapons that are issued by the department.
a. All officers will complete a basic course of instruction in the proper use
and skill development of each type of approved impact weapon, prior
to being authorized to carry such weapons on duty.
b. Officers will complete annual in- service training in the use of impact
weapons.
c. All in- service training shall be approved by the training unit prior to
implementation.
d. Remedial training will be required of those officers who fail to achieve
the minimum levels of proficiency that are required by the Department.
i. If the officer fails to meet the standard, the Baton Instructor shall
inform the officer's supervisor and Commanding Officer Field
Operations.
ii. Continued failure to meet the minimum standard may result in
administrative action against the officer.
15. Chemical Agents
Chemical Agents will be available and may be used to incapacitate
subjects when lower levels of force would have been inappropriate or
have failed in the control or dispersal of these subjects.
a. Uniformed and non - uniformed personnel will be limited to the use of
Pepper Spray unless additional specialized training is received in the
use of other chemical agents.
b. The deployment of Chemical Agents other than the use of pepper
spray must be authorized by the Commander of Field ¢ eratiaWp or
designee. Examples of other agents and deployment meads inbfude
but are not limited to: -
i. 12 Gauge chemical munitions _ r
ii. 37 mm chemical munitions `-'
iii. Foggers
J-'
SER -05.11
19. Distraction Devices
The use of distraction devices is limited to the SRT and may only be
deployed by personnel who have received training in their use and
deployment.
20. Less Lethal /Intermediate Impact Weapons Records
The office responsible for Quartermaster function is responsible for
maintaining a record for each issued weapon other than firearms. The
SRT is responsible for maintaining a record of each special weapon
(firearm, less lethal, delivery device, etc.) maintained in that unit.
a. The record shall include:
i. Type of weapon /munitions
ii. Manufacturer
iii. Model number if any
iv. Serial number if any
v. Number of units (munitions)
vi. Address and location of storage
vii. Name of personnel issued to.
b. All weapons shall be inspected and found acceptable for use by the
unit supervisor prior to deployment.
21. Proficiency Records
At least annually, each employee shall receive in- service training on the
Departmental Use of Force policy and demonstrate proficiency with each
approved less lethal weapon that the officer is authorized to use.
a. Such training shall be provided by a certified instructor..
b. Proficiency training records shall include results from tests or
demonstrations, dates, and rosters of attending officers. These
records shall be maintained by the Training Unit.
c. Remedial training shall be scheduled for employees who are unable to
qualify with an authorized weapon. The weapons system instructor
shall notify the immediate supervisor and the Commander of Field
Operations of the employee's remedial training status.
i. Until the employee achieves full certification, s(he) will not be
permitted to operate the specific weapons system other than in a
training environment.
ii. The employee may be temporarily re- assigned to administrative
duties pending successful completion of training and certification.
iii. Upon a third failed attempt to qualify with the weapon, the weapon
system instructor shall forward copies of the officer's training record
to officer's supervisor for possible administrative action. `J
SER-05.12
R. J. Winkelhake, Chief of Police
WARNING
This directive is for departmental use only and does not apply in any criminal or civil
proceeding. The department policy should not be construed as a creation of a higher
legal standard of safety or care in an evidentiary sense with respect to third-party
claims. Violations of this directive will only form the basis for departmental
administrative sanctions.
f. A A
City Clerk & Police
Citizen's Review
Board
POLICY & PROCEDURES MANUAL GENERAL ORDER 01 -06
JUVENILE PROCEDURES, OPS 19.6 (last page only)
NOVEMBER 9, 2004
ACKNOWLEDGEMENT OF RECEIPT OF GENERAL ORDER
General Order: 01 -06 Section Code: OPS 19.6 ONLY
Directive Title: -- ._--- JUVENILE PROCEDURES
INSTRUCTIONS:.
Replace the LAST PAGE ONLY of this General Order in the OPERATIONS Section of
the Iowa City Police Department Policy and Procedures Manual.
ttis-gck._Rl ent-an e ief's Office.
t� _____________edgera
acknowledge receipt of the revised copy and have complied with the instructions
above.
Signature Date
OPS -19.6
E. Reporting
I. Officers shall document contacts with juveniles on the Departmental Juvenile
Complaint form. The form shall be filled out as completely as possible. Juvenile
contacts include but are not limited to:
A. When a charge is filed or contemplated, other than the exceptions contained
in chapter 232.8 of the Code of Iowa. (cite and release exceptions)
B. transport of juveniles;
C. Field Interview (FI) contacts with juveniles (for juveniles this will be used in
lieu of FI cards), in these type situations officers should note on the complaint
that it was a FI contact.
D. juveniles in the company of others at the proximate time an offense was
committed;
E. Other circumstances as determined by watch supervisors or the Report
Review Officer.
II. Officers shall fill out the Incident Report form consistent with those categories in
which one is required for adult suspects.
III. On an annual basis the Sergeant of Planning and Research shall analyze, evaluate
and report on the enforcement and prevention actions taken by the department. The
report shall include both a -quantitative and qualitative component. The report should
contain recommendations for the continuance and /or modification of current
depastmental
C") ?fforts and or directives.
65
FT _ N.A. Winkelhake, Chief of Police
WARNING
This directive is for departmental use only and does not apply in any criminal or civil
proceeding. The department policy should not be construed as a creation of a higher
legal standard of safety or care in an evidentiary sense with respect to third -party
claims. Violations of this directive will only form the basis for departmental
administrative sanctions.
Iowa City Police Department
Standard Operating Guideline
F=ly.r�
OPT 21 Pr °i 5: 02
SOG #:
Effective date: -
01-21
October 21 2004 12/01
Subject:
Reference:
UNUSUAL OCCURRENCES
DISASTER, COMMUNICATIONS,
INCIDENT COMMAND
Section:
Issue #:
OPERATIONS
2
Co and Signature
Purpose: The purpose of this orders is to identify and plan for those situations
which may require a response above that which is readily available with normally
available resources. This policy will set out the positions responsible for command
and management of the situation and the possible response of the Iowa City Police
Department.
It is the policy of the Iowa City Police Department to respond to calls for service as
professionally and efficiently as possible. Members of this department will take those
actions necessary to maintain the safety and security of members of the community.
In recognition that situations occur that are beyond the normal day to day operations
of the Iowa City Police Department, it is incumbent that the initial steps required to
contain or manage a situation are taken in as safe and timely fashion as possible. It
is further recognized that there is no one scenario which can be planned for; because
of this, it is necessary that the initial plans be basic, flexible and subject to
modification. The following directive identifies those positions and components of the
department that are responsible for the planning and organization of contingency
plans for special occurrences or operations.
Definitions:
Special Occurrence - those situations which are beyond the "normal' day to day
operations of the police department. These situations may require additional
personnel, special equipment, and/or joint operations with other agencies. Special
Occurrence includes but is not limited to natural or manmade disasters,
demonstrations or riot.
Procedures:
Due to the large number of variables affecting/involved in disaster situations,
emergencies, or "unusual' occurrences, the development of specific orders for
dealing with these type situations cannot be reliably formulated. Therefore, this order
addresses the administrative and operational measures to be taken in developing
plans to respond effectively to emergency or unusual situations.
YEA
The Commander of Field Operations or designee is responsible for the planning
for and the administration of plans relating to "unusual occurrences These
include but are not limited to natural or man made disasters, special tactical
operations, mass arrest situations, VIP security, or special events. These plans
shall include guidelines for responding to the following types of situations; ,{V
a) Disasters; y
i) natural,
ii) manmade,
b) Civil Disturbances;]
c) Special Threat Situations;
d) Mass Arrests. l
- o
The Commander of Field Operations or designee will be responsible fair the
review and updating of written departmental Emergency /Unusual Occurrence
plans. This review and development should include coordination with other City
departments and appropriate outside entities.
DISASTER RESPONSE
Upon receipt of notification of a major incident, the Emergency Communications
Operator should notify the watch commander, Commander of Field Operations,
patrol units, fire department and emergency medical personnel. The
communications operator will contact off duty personnel as directed by the
Incident Commander. The Incident Commander in consultation with the
Communications Supervisor will determine the communications protocol, i.e.
frequency assignments, for the duration of the incident. The Communications
Supervisor may call in additional communications personnel as needed.
When the first member(s) of this department arrives at a disaster scene, he /she
should identify the nature and if possible, scope of the problem. This information
should immediately be relayed to communications along with any immediate
requests for additional units including fire and medical. After the initial
assessment the officer should assess the stability of the situation before entry
into the scene. If a supervisor is not present at the scene, the senior officer shall
be in charge of the scene until relieved by higher authority. If the situation is
stabilized the officer should, to the extent possible render aid to injured parties.
Upon the arrival of medical and rescue units, members of this department should
take those steps possible to secure the scene.
The first supervisor on the scene will assume the following responsibilities;
a) Interim command of the scene.
b) Re- evaluate the scene and forward updated information to the Watch
Commander.
c) coordinate efforts with other emergency personnel at the scene,
d) Advise the Incident Commander of developments and additional
equipment or manpower needs.
e) Create a field command post if necessary.
f) Determine initial and alternate assembly areas for responding officers,
other emergency response personnel and other agencies or
departments responding to the incident.
Depending on the nature of the problem the Watch Commander may elect to
survey the scene in person, or if the scene is of such magnitude that a greater
response is necessary, he /she may respond to the police department to initiate a
disaster response. The Watch Commander on which the event occurred will be
the Incident Commander until relieved by a higher authority. The Incident
Commander will make the decision as to the extent of any call back, hold over, or
"alert" of departmental personnel. In the event that the situation requires
personnel beyond that which is available from within the department, the Incident
Commander may request the assistance of outside law enforcement agencies.
The Chief of Police will maintain command of law enforcement personnel
operating on behalf of the city. A liaison officer will be designated to advise the
ranking member of an outside agency of their assignment. The Incident
Commander should determine the initial and alternate assembly areas for other
responding personnel and/or equipment. In cases where another agency, i.e.
Johnson County Emergency Management is in overall direction of the incident,
the Incident Commander will arrange the response of departmental resources in
conjunction with the overall plan. In these cases, the Incident Commander shall
assign someone to serve as liaison with Johnson County Emergency
Management. The Incident Commander in consultation with the Emergency
Communications Operator will determine communications protocols. This
includes but is not limited to the establishment or assignment of frequencies and
protocols for communicating with other agencies, departments and /or
organizations.
In incidents which occur or initiate within a jurisdiction contiguous to the
corporate limits of the City of Iowa City, the Watch Commander may authorize
members of this department to respond to assist at the request of the outside
agency. In these situations the watch commander shall notify the Commanding
Officer Field Operations who shall cause notification of the Chief of Police or
designee. The Chief of Police or Commander of Field Operations may authorize
the call in of off duty personnel to assist in handling the situation. For incidents
which occur outside the corporate limits of Iowa City the Chief of Police or his /her
designee will retain command and control of all members of the Iowa City Police
Department. A liaison shall be created with the outside agency and assignments
relayed through the liaison to members of the Iowa City Police Department. If a
situation arises that requires immediate action, members of this department may
take those steps necessary to control the situation without further authorization.
The incident and action taken should be reported to the departmentalifaison tb
soon as practically possible.
-� it
.. .
`• flt
O
N
If the event is of sufficient magnitude or duration, the Incident Commander will
create a Command Center. The command center will be located as determined
by the Incident Commander, based on the location, nature and scope of the
incident. With the creation of a command center the following actions should be
initiated.
a) Creation of a communications protocol to include frequency
assignment and dispatch protocol.
b) Development of a situation map(s) with regular updates.
c) Creation of a liaison with other agencies and establishment of
command protocol for other agencies.
d) Assignment of a recording officer (may be in conjunction with Public
Information Officer).
i) This person is to chronologically record police operations
including the time and date the log becomes operational,
issuance of all orders including name of the person issuing the
order and to whom it was issued, and other information needed
to fully document the activities of the Iowa City Police
Department.
e) Assignment of Public Information Officer if regular PIO is unavailable.
(may be in conjunction with the recording officer. All media releases
from the police department will be through the Public Information
Officer or the Chief of Police or his /her designee.
i) Casualty information should be forwarded to the Public
Information Officer as soon as possible. The PIO should
compare any known casualties with those reported from
"unconfirmed" sources in an effort to control rumors. Known
sources should include information from any relief agencies
assisting with the incident. In the event of unsubstantiated
rumors, the PIO should compare known information with rumor
and release updated information as soon as practical.
ii) Regular media briefings should be held to keep the public
apprised of the changing situation and to disseminate needed
information.
f) In the event that public facilities, i.e. utilities, are compromised or
threatened, the incident commander should assign persons as
available to maintain the security of these facilities until the controlling
body can respond and insure the integrity of the facility.
g) The Incident Commander is responsible for determining the equipment
requirements for the department during the incident. Equipment
needs /requests should be forwarded to the command post. The
Incident Commander or his /her designee should record the- numbq_r;
and types of equipment issued. me =,
h) The Incident Commander shall determine the tranS`nc atio n7 _
requirements involved in the incident. This shall inplude �, 11
determination on how best to get personnel in to the ar - thZ-
transportation of injured personnel from the affected area, anct�i�vhen
t> cn
N
necessary, transportation of persons when an area must be
evacuated.
i) As necessary, the Incident Commander will identify "key personnel ".
For this purpose key personnel are the contact or "command"
personnel from outside agencies / organizations. These are the
people which have the authority to direct the activities of persons under
their control. I.e. Light and Power supervisor, Johnson County
Ambulance Supervisor, Liaison from outside law enforcement agency.
j) If the incident is localized in nature, the Incident Commander may
authorize the securing of the area, and designate those people who
are authorized to enter or remain in the area. In the event that the
incident is widespread, the Incident Commander should prioritize traffic
control assignments, depending on the potential hazard that is created.
Le. live power lines down or lights out at a major intersection v stop
sign down on a Cul -de -sac. In instances of a widespread incident the
Incident Commander may choose to designate geographical areas and
assign an area commander to each. In event of a system wide
communications failures, officers should respond to the police
department for assignment to a particular area/station. The Incident
Commander shall designate a specific location in each area to serve
as the command center for that area. The Area Commander would be
responsible for directing the operations in their particular area.
k) To the extent possible, the Incident Commander will assign officers to
support other agencies.
1) It is the responsibility of the communications section to keep the watch
supervisor apprised of the call load status. The Incident Commander
may elect to suspend response to all non - emergency calls in order to
maximize personnel available to deal with the emergency.
If in the course of responding to an emergency situation, an officer is led to
believe that the incident involved a human act, the officer(s) shall to the extent
possible, take steps to maintain the integrity of a possible crime scene. Upon
arriving at this decision the responding officer should notify the Incident
Commander as soon as practically possible. Once this decision is made the
Incident Commander should notify the Lieutenant of the Investigative Section.
The Investigative Lieutenant or his /her designee will be responsible for the
investigation of the incident unless relieved by higher authority. The Investigative
Lieutenant will make the determination as to the extent and nature of any
evidence to be collected by members of this department.
If the determination is made that there are grounds to believe that a criminal act
was responsible for the incident, the Incident Commander or designee will notty
the Johnson. County Attorneys office for consultation. In the everr� that t�
incident will involves potential litigation against or on behalf of the Ci #Y & low
City, the Incident Commander or designee will notify the City Attorneys ofio.
CJ I
t
y c,
;v
The mayor is responsible for requesting assistance from the Iowa National
Guard. These requests will be made pursuant to the Code of Iowa chapter 29C.
In the event the Governor of the State of Iowa finds a state of emergency exists,
he /she may prohibit any activities which he /she reasonably believes should be
prohibited to help maintain life, health, property or public peace. The mayor has
additional authority under chapters 8 -1 -1 and 8 -1 -2 of the ordinances of the City
of Iowa City.
As the need for the special response is controlled and /or de- escalated, the
Incident Commander will arrange for the organized phasing out of the police
emergency response personnel. When practically possible, the Incident
Commander will release mutual aid agencies after insuring the safety of the
community and officers. Members of this department will be phased out of the
operation as determined by the Incident Commander or when applicable the
supervisor in charge of a particular area. The Incident Commander will make a
determination as to the return of normal operations. The Iowa City Police
Department will to the extent possible, continue to provide support for other
agencies or services during or upon de- escalation.
Upon cessation of the emergency situation, the Incident Commander will conduct
a post - incident debriefing. The purpose of the debriefing will be to obtain
pertinent information for after action reports and to identify problems which
should be addressed in the planning and operation of subsequent emergency
plans. Post incident responsibilities also include the return and maintenance of
equipment, and replenishing of supplies.
The Incident Commander will complete an after action report. This report is to
include the duration of the incident, extent of any emergency callout; extent of any
law enforcement mutual aid response, and summarization of the actions of the police
department. The reporting officer will complete a report including a chronological
summary of the involvement/actions of the Iowa City Police Department. If Area
Commanders were assigned, they will complete a report of the activities within their
area. The Incident Commander may require after action reports from other involved
parties, as he /she deems necessary. All reports will be forwarded to the Chief of
Police for review.
Members of the Iowa City Police Department will participate in readiness evaluations,
reviews, rehearsals and/or training exercises annually to ensure the effectiveness of
the department when responding to major occurrences. An analysis of training
effectiveness shall be done at least every three years.
/ CSI
N
Iowa City Police Department
Standard Operating Guideline
SOG #:
Effective date:
01 -22
November 16, 2004 12/14/01
Subject:
Reference:
SPECIAL ASSIGNMENTS /
TRAINING, SPECIAL ASSIGNMENTS
TRAINING
Section:
Issue #:
2
Com and Signature.
Purpose:
The purpose of this guideline is to identify the positions, purpose, criteria and
evaluation of specialized assignments within the department. Additionally it is
intended to guide and direct the staffing of these positions.
Definitions:
Specialized Assignments - Those assignments requiring specialized training or
equipment. Additionally it includes temporary assignments in excess of twq�
months in duration.
Procedures: —
The Iowa City Police Department recognizes the following positions as
specialized assignments. �_ J
Special Response Team - In order to deal with special tactical situations Jaeyondrn
the normal capabilities of the patrol section, the Iowa City Police Department has
created a Special Response Team (SRT). As these situations may arise at any
time the SRT shall remain as an ongoing specialized assignment. The selection
of SRT members will be directed by and in conformance with the guidelines
presented in the SRT manual. These positions are of indefinite duration and
status maintained in conformance with the guidelines identified in the SRT
manual.
Hostage Negotiator - In order to deal with persons in crisis and in an effort to
decrease the need for tactical interventions, the SRT shall have Hostage /Crisis
Negotiators available to respond to hostage, barricaded subject, and other
persons in crisis calls. As these situations may arise at any time, Hostage
Negotiators will remain as an ongoing specialized assignment. Selection of
Hostage Negotiators shall be based on the following criteria:
1. Recommendation by SRT supervisors;
2. Recommendation by SRT commander;
3. Completion of psychological evaluation as directed for the selection of SRT
members;
4. Negotiators shall possess and have exhibited exemplary verbal and written
communications skills.
Street Crimes Action Team (SCAT) - SCAT members are sworn officers directed
to work in conjunction with the departments' Gang and Narcotics officer(s).
These officers will be selected upon the recommendation of a supervisor, review
of the officers work history and evaluations, and interview with the Evening Patrol
Watch Supervisors who are responsible for the supervision and direction of
SCAT members. SCAT members are assigned specific hours but must be willing
to work alternate hours as dictated by specific events.
On an annual basis the Commander of Field Operations shall review the types of
incidents investigated / handled by SCAT members, and determine the need for
continuation of the team.
Canine Officer - The canine officer is a sworn officer with a permanently assigned
vehicle. He /she will be selected based on criteria listed in the Canine order and
an interview with the Chief of Police and /or the Chief's designees. The canine
officer will normally begin training upon delivery and acceptance of a police
canine. Officers applying for the canine position should be willing to commit to a
minimum assignment of 7 years.
The Commander of Field Operations or designee shall post all specialized
assignments. The posting should include information relating to desired
qualifications, hours, and notice of any special circumstances (i.e. willingness to
flex hours depending on workload). This posting shall be directed to all sworn
personnel.
Temporary Rotating Assignments -
The Iowa City Police Department designates one temporary rotating position in
the Investigations Section. This position is designed to allow officers to enhance
their investigative skills and to assist officers in determining if they have an
interest in a long -term assignment to the investigative section. In addition it will
allow the Investigative Supervisor to identify those with the knowledge, skills and
abilities necessary to a long -term appointment to the investigative section. The
temporary assignment will be for one calendar year. The Investigative
Supervisor shall post announcement of the temporary position no later than
November 15th of the current calendar year with the position beginning in
January of the following year. The posting shall be open to all sworn personnel.
The Investigative Supervisor shall select the person to fill the temporaryrsitiort
based in part on:
1. Schools / training of the applicant. -
2. Past investigatory experience.
N
3. Recommendation of the applicants supervisors.
4. Interview with the applicant.
The Iowa City Police Department will assign traffic officers on a temporary (yearly
basis) rotating basis. Officers selected for this position shall have completed at
least 6 months of non - probationary experience with the department.
Additionally, the person should have exhibited exemplary skills when
communicating with traffic violators and have demonstrated the ability to work
with minimal direct supervision. Officers selected for this position must be willing
to flex their hours to meet changing traffic conditions and special traffic
assignments or details.
Rotation of Supervisors -
The Chief of Police may assign personnel holding the rank of sergeant or above,
a temporary rotating assignment. The Chief of Police will make the assignments
on an annual basis based on the needs of the department.
Lieutenants may be assigned to a two -year assignment to a watch or the
Investigative Section.
Sergeants may be assigned to a two -year assignment to a patrol watch, the
investigative section, or Planning and Research.
These assignments should be made as soon as possible after the annual notice
for watch assignment requests are provided to officers.
Officers will be given the opportunity to request a watch assignment on an annual
basis.
Specialized assignments will be regularly reviewed at the direction of the Chief of
Police. This review shall include the identification of the problem /reason for the
initial creation of the assignment and an evaluation of the effectiveness and
efficiency of the assignment. The review may include recommendations as to
the continuation of the assignment.
C! r
SPECIALIZED TRAINING
Purpose:
The purpose of this guide is to identify those positions and function�i'whichn-
require specialized or enhanced skills beyond those received at ths_^ � basian
academy. r�
Definitions:
Pre - training required prior to performance of the duty or to assignment
Post - training required after duty assignment
In- Service - training required after assignment and required for continued
assignment.
Procedures:
Responsibility for the management, administration, policies and support services
for the functions requiring specialized training are the responsibility of the
Commanding Officer of the Division having command over the function. The
following assignments or tasks require specialized or advance training.
Specialized or advanced training will be provided by departmental or non -
departmental sources "certified" to train in the particular field or area.
1. Canine Officer
Post
2. SRT
Post
3. Crime Prevention
Post
4. Crime Scene Tech
Post
5. LASER
Pre
6. DARE
Post
7. FTO
Post
8. Accident Invest.
Pre
9. Advanced Accident Invest
Post
10. Bike Officer
Post
11. Arson Invest.
Post
12. Narcotics Officer
Post
13. Range Officer
Post
14. Fitness Inst.
Post
15. Defensive Tactics Inst.
Post
16. Baton Inst.
Post
17. Less Lethal Inst.
Post
18. Hazardous Device
Post
19. Chemical Munitions
Post
It is necessary for employees in each of the above positions to receive
specialized in- service training in order to develop and enhance the skills of
employees assigned to the function. Without specialized training these
employees would not be able to adequately perform their assignment. In
addition to the initial training, the above positions may require subsequent in-
service training to maintain the proficiency necessary to perform the task.
SRT members shall receive in- service training as mandated in the SRT manual.
Other positions requiring in- service training for maintenance of certifications will
be provided as necessary.
Non -Sworn Personnel `l =
1. ECO Post
2. Records Clerk Post — - -
3. CSO Post
N
4. Animal Shelter Post
The new employee's supervisor is responsible for directing the employee to the
training necessary to bring the employee to an acceptable level of performance.
The supervisor may utilize departmental or non - departmental resources in order
to ensure the person is adequately trained.
Continued in- service training will be determined by the supervisor directly
responsible for the function, but at a minimum will include in- service training
required to maintain any required certifications necessary for continued
employment.
Y
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Iowa City Police Department
Standard Operating Guideline
SOG #:
Effective date:
03 -03
December 6, 2004 4/03
Subject:
Reference: TRAFFIC CONTROL,
TRAFFIC DIRECTION / CONTROL
VEHICLE CRASHES
Section:
OPS
VT d an S gnature.
Purpose: The purpose of this guide is to identity those procedures to be used
when directing traffic.
U
Definitions:
c-
CD
J
Procedures: v �
TRAFFIC DIRECTION AND CONTROL
The purpose of this section is to establish procedures for traffic direction
and control.
A. Manual Traffic Direction
1. Manual traffic direction will be used in situations when there is a
failure of normal traffic control signals, during emergencies, at
accidents, or when other traffic control devices are not present or
adequate.
2. Effective manual traffic direction is dependent upon the use of clear
and easily understood gestures and the high visibility of the person
directing traffic.
3. In order to provide for officer safety and driver recognition and
response, reflective, high visibility vests are provided in patrol
vehicle. Unless extenuating circumstances prevent, all personnel
directing traffic shall wear the provided vests.
4. Members performing traffic direction and control will ensure that
their presence and purpose are appropriately indicated to drivers
and pedestrians. This may be accomplished by positioning so that
they can clearly be seen by all parties.
5. Officers directing traffic may utilize flashlights, traffic wand, road
flares, and /or traffic cones while manually directing traffic. These
will be used in a manner to enhance visibility.
6. Officers will remain calm and professional whenever directing
traffic. When drivers or pedestrians fail to understand or obey hand
signals, the officer will handle these instances with professionalism.
7. Signals and Commands - Manual signals for traffic direction should
be consistent with departmental training.
B. Emergency Traffic Direction
Fire Scenes - Members of this department will assist fire operations
by:
1. consulting with the fire officer in charge of a scene to determine
their needs;
2. providing protection for the fire scene and for fire rescue equipment
3. setting up perimeter traffic control points to allow for the entrance
and exit of emergency vehicles and personnel authorized to be at
the scene;
C. Adverse Road and Weather Conditions
Adverse road and weather conditions may include but are n�i1 limit64
to:
1. accident hazards such as debris, downed power lines, fallen poiei,"
hazardous material spill /leak; c0
2. acts of nature such as snow, ice, and flooding
Upon discovering an adverse road or weather condition affecting safe,
roadway travel, members of this department are expected t$_' notify`o
communications and the watch supervisor. A decision will be made as
to how best correct or control the situation. The supervisor may direct
that the appropriate city department be notified of and asked to
respond to the incident.
Members of the Iowa City Police Department will provide traffic
direction, control services and scene protection when the presence of
adverse road and weather conditions warrant such steps. Direction or
control will be maintained until appropriate steps have been take to
alleviate the situation.
D. Manual Operation of Traffic Signals
1. Manual operation of traffic control signals may be necessary in the
case of accidents or other emergencies, or to alleviate traffic
congestion resulting from a specific event.
2. In instances of a traffic signal malfunction, the lights may be set on
"flash mode if this will not cause undue problems, until the
appropriate agency or department can respond to correct the
problem.
E. Temporary Traffic Control Device
1. Temporary traffic control devices may be used in either pre - planned
events or to serve as a temporary measure for unusual or
emergency situations. In the event that a temporary traffic control
device is used, due to an emergency situation, contact will be made
with the agency or department who is responsible for the applicable
roadway or signal. Officers should periodically check any
temporary traffic control devices in their area to ensure that they
are situated appropriately, or at times of high traffic volume, require
additional traffic control efforts. The Emergency Communications
Operator shall record the date and time that notice was made to the
agency or department with responsibility for the damaged device
and /or record the time that any temporary device was put in place.
2. In instances where a temporary traffic control device will be in place
for an extended duration, the commander of the day watch will
make contact with the appropriate department or agency; of the
location, nature and reason for the temporary device; and will
request they review the nature and placement of the device for
appropriateness.
3. When temporary traffic control devices have been placed by a
private contractor or an entity of the City due to construction, it shall
be the responsibility of the placing entity to erect, place and
maintain all such devices. Officers should periodically check
construction sites in their area to determine the integrity and
effectiveness of the device. If a device is not in place, not
functioning, not visible, or otherwise creates a hazard for the
motoring public, the placing entity should be contacted to correct
the situation.
_
C`D
l9
IOWA CITY POLICE DEPARTMENT
USE OF FORCE REPORT
October 2004
OFFICER DATE INC # INCIDENT FORCE USED
13 10 -01 -04 4 -54425 Intoxicate Subject The subject, who had been placed
under arrest, refused to sit in the back
seat of the patrol car as requested by
the officer. The officer had to assist
him into the backseat of the patrol car.
2 10 -05 -04 4 -55529
Juvenile Complaint
Officers responded to assist a parent
who was attempting to take her child to
a psych. appointment. The juvenile
refused to come with the officer and
threw a punch, just missing the officer.
The officer grabbed the subject's arms
and directed them behind his back
where he was handcuffed.
21 10 -05 -04 4 -55535
Injured Animal
The officer used his sidearm to dispatch
an injured deer that had been struck by
a vehicle.
21 10 -05 -04 4 -55567
Injured Animal
The officer used his sidearm to dispatch
an injured squirrel.
4 10 -08 -04 4 -55988
Injured Animal
The officer used his sidearm to dispatch
a sick and injured raccoon that was
acting aggressively.
56 10 -09 -04 4 -56399
Intoxicated Subject
The subject was told that he was under
arrest, but refused to place his hands
behind his back. The officer directed
him to the ground where the subject
continued to struggle to get away.
After the officer deployed a chemical
agent the subject cooperated.
CD - —
36 10 -12 -04 4 -56757
Fight
As the officer attempted to separate
multiple combatants he deployed a
— !
chemical agent at one subject who
refused to stop fighting. As the officer
was arresting another combatant the
subject he'd previously sprayed fled
and was not located.
56 10 -14 -04 4 -57206
Sick Animal
The officer used his sidearm to dispatch
a sick raccoon.
18 10 -15 -04 4 -57278
Intoxicated Subject
The subject, who was under arrest in
OFFICER DATE INC # INCIDENT
FORCE USED
the backseat of a patrol car, started
slamming his head against the window.
When the officer opened the car door to
tell him to stop he attempted to get out
of the car. When the officer placed his
hand on the subject's shoulder to keep
him in the car the subject attempted to
bite him. After the officer deployed a
rs T
chemical agent the subject cooperated.
6'0•'-' 10 -15 -04 4 -57472 Bar Check
When the officer approached a subject
to ask for identification, the subject
i- -
pushed the officer in the chest and ran.
The officer caught the subject and
`,..
directed him to the ground where hands
control techniques were used to gain
control of and handcuff the still
struggling suspect.
46 10 -17 -04 4 -57779 Interference with
While the officer was arresting the
Official Acts
subject's friend the subject refused to
comply with officer commands to step
back. When he stepped closer to the
officer the officer sprayed him with a
chemical agent and placed the now
compliant subject under arrest.
47 10 -22 -04 4 -58794 Unk. Problem
The officer responded to a complaint of
an out of control student. Upon arrival
the officer attempted to handcuff the
student who was on the floor, being
restrained by staff. The officer used a
hands control technique to place the
subject's hands behind his back to
handcuffhim.
38, 55, 13 10 -24 -04 4 -59102 Building Search
Officers responded to a burglary alarm
and found the business had been broken
into. The officers drew their side arms
while searching the building.
51 10 -30 -04 4 -60258 Fight
The subject ran from officers who were
investigating a fight. He was caught
and directed to the ground by the
officer while other officers placed
handcuffs on the still struggling
suspect.
30,55 10 -30 -04 4 -60343 Traffic Stop
The subject ran from the officer during
a traffic stop. The officer caught and
directed the subject to the ground
where he continued to struggle with the
officer until he was handcuffed.
OFFICER DATE INC # INCIDENT FORCE USED
58 10 -31 -04 4 -60447 Assault The officer grabbed the arm of the
subject who was punching another
subject lying on the ground. When the
<r subject refused to comply with officer
commands to stop fighting the officer
deployed a chemical agent. The
subject continued to resist as the officer
rw - used a hands control technique to place
j M the subject's hands behind his back to
handcuff him.
CC: City Manager, Chief, Captains, Lieutenants, Training Sergeant, City Clerk, Library
December 14, 2004 Mtg Packet
PCRB COMPLAINT DEADLINES
PCRB Complaint #04 -02
Filed: 07/08/04
Chief's Report due: 10/06/04
Extension Request: 12/06/04
Chief's Report filed:
PCRB Report due:
PCRB Complaint #04 -03
Filed: 11/08/04
Chief's Report due: 02/07/05
Chief's Report filed:
PCRB Report due:
POLICE CITIZENS REVIEW BOARD
OFFICE CONTACTS
October 2004
Date Description
None
POLICE CITIZENS REVIEW BOARD
OFFICE CONTACTS
November 2004
Date Description
11 -30 Call regarding formal mediation.
3367 Hanover Court
Iowa City, Iowa 52245 -4016
17 November 2004
To the members of the PCRB:
Three items have come up that need your attention and thought prior to our next regular
meeting. You will need to get back to me directly on the 2 time- sensitive issues, if you have
ideas which I should forward to the proper places. The items are:
(1) The Iowa City Charter Review Committee requests opinions from the public and
from organizations about the 2 major issues involved, by December 1, 5:30 P.M.
a. should the mayor be elected for a 4 -term at public election, rather than by the
City Council from one of their own members, for a 2 -year term, as is done
now ?
b. should all members of the City Council be elected from districts, rather than
the present system which has 3 members elected from districts, and the
other 4 members elected at -large ?
(2) The Iowa City Police Department will be assessed by the Commission on
Accreditation for Law Enforcement Agencies, Inc. Comment from the public and from
organizations is requested by December 6, 7:00 P.M.
In both of these cases, I can submit written comments prior to the times listed, which are the
times for public meetings about these matters. Please let me know if you have opinions that you
would like to have me forward on behalf of the PCRB.
(3) Our newly adopted "Standard Operating Procedures and Guidelines" contains a part
about which some members of the City Council have a question. Under I (Complaint Process),
B., 1 and 2 seems to infer that we will entertain complaints only in regard to the conduct of an
"Iowa City sworn police officer ". The question is, what about employees of the Police
Department that are not "sworn police officer ", but clerks, dispatchers, community service
officers, and other persons acting for the ICPD. My personal feeling about this question is that
the City Attorney and the legal advisor for PCRB should consider it and make a recommendation
to PCRB about whether or not this is confusing, and whether or not it should be clarified.
Please come to the next regular meeting prepared to discuss this question.
Thank you. See you in December.
Sincerely,
Loren N. Horton, Chairman, PCRB
November 10, 2004
' l 1
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(3 19) 356 -5000
(319) 356 -5009 FAX
www.icgov.org
Re: Iowa City Charter Review Commission
Invitation to Community Discussion on Potential Charter Amendments
December 1, 2004 — 5:30 p.m. - Iowa City Public Library Room A (123 S. Linn St.)
Dear Community Organization:
The Iowa City Charter Review Commission has been appointed by the City Council to review the Iowa
City Charter. Pursuant to the existing Charter, any amendments recommended by the Commission must
either be adopted by the City Council or placed on a ballot for consideration by Iowa City voters. The
Commission has been meeting regularly since May and has received public input through letters, e- mails,
telephone calls, visitors to meetings, and an October 12'h public hearing. As a result of these meetings
and public input, several potential changes have been discussed by the Commission.
The issues to be discussed by the community on December 1 include:
(1) Election of Mayor - The Mayor is currently selected for a two -year term by a majority vote of the City
Council members. The Mayor is the figurative head and a voting member of the City Council and has
the responsibility to lead Council meetings. Assuming the Mayor's powers and responsibilities remain
the same, should the Mayor instead be selected for a four -year term by a majority vote of the
citizens? This would require one of the at -large council positions to be designated as the Mayor's slot
and other possible administrative changes to the Charter.
(2) District Representation - Currently 3 of 7 Council Members are nominated within their district and a
primary is held in the district if needed. The November city election has district Council Members
elected by voters citywide. Should the number of districts be increased? Should the district Council
Members be "pure" i.e. general election held in the districts only?
The Charter Review Commission invites and encourages members of your organization to be a part of
this public discussion. Please give them this information.
The format of this Community Discussion will be informal and interactive. Depending on the number of
participants, those attending will be divided into groups. Each group will spend up to twenty -five minutes
discussing each issue. At the conclusion of the group discussions all participants will gather. Commission
members will briefly summarize the group discussions and allow time for a general discussion of any
additional Charter issues raised by the citizens participating.
The Commission's hope is that smaller groups and less formality will engender meaningful discussion in a
way that will benefit the Commission's review of the Charter. The members of the Commission hope you
will find a way to attend and participate in this timely and important discussion.
Very truly yours,
William F. tppel
Chairperson
P.S. This meeting is open to the public, and anyone may attend.
S/ clk/ Charterreview /communityprocessFI NAL.doc
2004 -2005 CHARTER REVIEW COMMISSION
BOARD CONTACTS
William Sueppel, Chair
Meardon, Sueppel & Downer P.L.C.
122 S. Linn St 52240
(w) 338 -9222
e -mail: billfs(a)meardonlaw.com
Andy Chappell
911 Rider St 52246
(w) 339 -6100
(h) 354 -7073
e -mail: achappellCcDiowabar.org
Penny Davidsen
13668 N. Lobelia Way Tuscon, AZ 85737
(h) 520 - 825 -6949
e -mail: pkd317(cDaol.com
(or) omd618(&aol.com
Karen Kubby
728 2nd Ave 52245
(w) 337 -2112
(h) 338 -1321
e -mail: kubby(a)pobox.com
Naomi Novick
306 Mullin Ave 52246
(h) 337 -4649
As of 11108104
Vicki Lensing
2408 Mayfield Rd 52245
(w) 338 -8171
e -mail: vickilensing(cDiuno.com
Kevin Werner
3020 Wayne Ave 52240
(w) 356 -5989
(h) 354 -5873
e -mail: kwerner(a)isbt.com
Lynn Rowat
514 Stuart Ct 52245 -3531
(w) 351 -4121
(h) 351 -0661
e -mail: rowatle(q_)_mchsi.com
Nate Green
231 Woodside Dr 52246
(h) 354 -1139
(c) 630 - 532 -9587
e -mail: nate- green(a)uiowa.edu
STAFF CONTACTS
Marian Karr, City Clerk Eleanor Dilkes, City Attorney
410 E Washington St 52240 410 E Washington St 52240
(w) 356 -5041 (w) 356 -5030
e -mail: marian- karr(abiowa- city.org e-mail: eleanor- dilkes(a)iowa- city.orq
ICGov.Org Email Release
Marian Karr
From: web @icgov.org
Sent: Monday, November 08, 2004 12:41 PM
To: marian - karr @iowa - city.org
Subject: ICGov.org Media Release: Police & Fire
Title : POLICE ACCREDITATION TEAM INVITES PUBLIC COMMENT
Release Date : Monday, November 08, 2004
Release Time : 12:38:00 PM
Originating Department : Police
Contact Person : Sgt. Brian Krei
Contact Number : 319 - 356 -5293
ACCREDITATION ASSESSMENT TEAM INVITES PUBLIC COMMENT
Iowa City, Iowa - A team of assessors from the Commission on Accreditation for Law
Enforcement Agencies, Inc. (CALEA), will arrive December 4, 2004 to examine all
aspects of the Iowa City Police Department's policy and procedures, management,
operations, and support services, Chief R.J. Winkelhake announced today.
Verification by the team that the Iowa City Police Department meets the
Commission's state -of -the art standards is a part of a voluntary process to gain
accreditation - a highly prized recognition of law enforcement professional
excellence, Chief Winkelhake said.
As part of the on -site assessment, agency employees and members of the
community are invited to offer comments at a public information session Monday,
December 6, 2004, at 7:00p.m. The session will be conducted at the Iowa City Public
Library, meeting room B, located at 123 S. Linn, Iowa City, Iowa.
If for some reason an individual cannot speak at the public information session, but
would still like to provide comments to the assessment team, he /she may do so by
telephone. The public may call 356 -5407 on Tuesday December 7th, 2004, between
the hours of 1:00 p.m. and 5:00 p.m.
Telephone comments, as well as appearances at the public information sessions are
limited to 10 minutes and must address the agency's ability to comply with CALEA's
standards. A copy of the standards is available at the Iowa City Police Department.
Local contact is Sgt. Mike Lord, (319) 356 -5286.
11/8/2004
Page 1 of 2
ICGov.Org Email Release
Persons wishing to offer written comments about the Iowa City Police Department's
ability to meet the standards for accreditation are requested to write: Commission on
Accreditation for Law Enforcement Agencies, Inc. (CALEA), 10306 Eaton Place, Suite
320, Fairfax, Virginia, 22030 -2201.
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http:/Lwww.icgov.org/subscribe.asp
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11/8/2004
Page 2 of 2
Updated 12114104
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240 -1826
(319)356 -5041
Candy Barnhill
154 Friendship St
Iowa City IA 52245
(H) 354 -6111
Roger Williams
134 Friendship St
Iowa City IA 52245
(H) 339 -1821
doris.williams @mchsi.com
Loren Horton, Chair
3367 Hanover Ct
Iowa City IA 52245 -4016
(H) 351 -5842
Greg Roth, Vice Chair
770 Broadmoor Dr
North Liberty, IA 52317
(H) 665 -4338
groth @kirkwood.edu
Beth Engel
725 Bradley St
Iowa City IA 52240
(H) 338 -4098
Catherine Pugh, Legal Counsel
4743 Dryden Ct
Iowa City IA 52245 -9250
(H) 339 -4617
FAX — 351 -6409
pugh705 @hotmaii.com
Term: September 1, 2003 — September 1, 2007
Term: Unexpired ending September 1, 2005
Term: September 1, 2004 — September 1, 2008
Term: Unexpired ending September 1, 2005
Term: September 1, 2004 — September 1, 2008
Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5041
RESOLUTION NO. 04 -308
RESOLUTION TO ADOPT AMENDED STANDARD OPERATING
PROCEDURES AND GUIDELINES FOR THE IOWA CITY POLICE CITIZENS
REVIEW BOARD BY AMENDING SECTION I RELATING TO COMPLAINT
PROCESS, AND NON - SUBSTANTIVE CHANGES AND FORMATTING
ISSUES, AND REPEALING RESOLUTION 00 -355.
WHEREAS, Ordinance 97 -3792 establishing the Police Citizens Review Board requires final
approval of procedures and guidelines for the Iowa City Police Citizens Review Board; and
WHEREAS, on October 17, 2000 the City Council adopted such standard operating procedures
and guidelines by Resolution 00 -355; and
WHEREAS, at their October 19, 2004 meeting the Police Citizens Review Board recommended
changes to Section I to amend the standard operating procedures to clarify the administrative
procedures for the complaint process, and non - substantive changes and formatting issues.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. That Resolution 00 -355 is hereby repealed.
2. The Iowa City Police Citizens Review Board standard operating procedures and guidelines
dated October 19, 2004 are hereby adopted, as attached.
Passed and approved this 2nd day of Nov
ATTEST: .�
CITY CLERK
It was moved by Vanderhoef
adopted, and upon roll call there were:
pat /res/standopbk
YOR
20 04
A oved by
City Attorney's Office
and seconded by Champion the Resolution be
AYES:
NAYS: ABSENT:
--�_
Bailey
X
Champion
X
Elliott
—x
Lehman
--x
O'Donnell
X
Vanderhoef
X
Wilburn
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.
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
VII. Annual Report
VIII. General
IX. Appendix
A. The City Code of Iowa City, Chapter 8, Police Citizens Review Board
B. Iowa City PCRB By -Laws
C. City of Iowa City PCRB 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)
F. PCRB Complaint Form
PCRB SOP 10/04 Page 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 PCRB 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 the PCRB
By -Laws, Article VIII, and the PCRB's Standard 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 PCRB 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 PCRB members 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 officers
by number as set forth in Section V of these procedures.
4. PCRB deadlines are established by Ordinance 01 -3976.
5. A copy of each complaint filed shall be provided to PCRB members in the
next meeting packet.
6. Amendments to a complaint must be in written form.
7. The complainant may withdraw the complaint at any time prior to the
PCRB's issuance of its report to City Council.
B. Procedures for complaints subject to summary dismissal follow:
1. 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 the PCRB indicating 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 PCRB at its
next meeting.
PCRB SOP 10/04 Page 3
3. The PCRB 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 PCRB, a request to the
complainant for a written submission on the issue presented and an
investigation by the PCRB, but shall not include an invitation to the
complainant to address the PCRB at a public meeting or an interview of
the complainant at a public meeting.
4. Upon the completion of such investigation and the PCRB's determination
that additional information is not necessary, the PCRB 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 PCRB shall not discuss
the facts or substance of the complaint at said open meeting.
5. If the PCRB 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 PCRB 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 PCRB, 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 the PCRB 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 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 10/04 Page 4
4. If the PCRB determines the complaint shall not be dismissed,
it shall so advise the Police Chief or City Manager so that the
investigation may continue and make the required report to
the PCRB.
II. Formal Mediation Guidelines and Procedures
Formal mediation is the responsibility of the PCRB and is offered as a method to
facilitate a successful resolution of the issues involved in a complaint. The PCRB shall
accomplish this responsibility by complying with 8 -8 -2 H. 8 -8 -4 and 8 -8 -7 of the City
Code and the PCRB Guidelines and Procedures for Formal Mediation, approved by the
City Council on March 10, 1998 and made a part hereof.
III. Meetings
Regular meetings shall be held monthly. Special meetings may be called by the Chair as
needed. The PCRB shall comply with Article V of the PCRB By -Laws and the PCRB
Standard Operating Procedures and Guidelines.
A. Meeting packets shall be distributed to PCRB members at least two (2) days
prior to a meeting when possible.
B. Place of Posting Notices and Agendas.
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:
1. Minutes of the last meeting(s);
2. Correspondence and /or memoranda directed to the PCRB (not
complaint - related). Staff shall be given directions based on PCRB
discussion as to whether staff shall respond or whether PCRB members
shall respond, with copies furnished to the PCRB.
D. Time for open public discussion shall be made available at all open meetings as
provided by the PCRB By -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.
PCRB SOP 10/04 Page 5
H. Taped minutes of executive meetings shall be kept for one year from the date of
the meeting.
To the extent practicable, legal counsel for the PCRB shall attend all meetings of
the Board.
J. Electronic Participation
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..
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
The PCRB 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 the PCRB
pursuant to that Chapter.
2. The lawful custodian of the PCRB public 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 PCRB of the request.
3. All records of the PCRB shall be public except as specifically provided for
in Chapter 22, The Code and in the PCRB By -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 of closed sessions.
See By -Laws VI1.1(b).
6. Confidentiality of mediation matters. See By -Laws A1.1(d).
7. Confidentiality of information protected by the Iowa Open Records Law or
the Iowa Open Meetings Law. See By -Laws VII.1(c).
PCRB SOP 10/04 Page 6
M. Iowa Open Meetings Law.
The PCRB 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
Conflicts of Interest. See By -Laws V.9.
2. Ex Parte Contacts. See By -Laws, V.8.
IV. Complaint Review Process
The PCRB shall review all Police Chiefs 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 PCRB
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
PCRB 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 PCRB public report. Refer to 8 -8 -7 B.6 of
the City Code.
D. The PCRB 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 BA of the City Code.
E. Name - clearing hearing procedure
1. If the PCRB 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
PCRB's report to Council.
2. The PCRB 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.
PCRB SOP 10/04 Page 7
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 PCRB will
first determine whether the hearing shall be open or closed. If the officer
requests a closed session, the PCRB 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).
7. Before the hearing, the PCRB shall advise the officer of the Board's
proposed criticism(s). At the hearing, evidence supporting the criticism
shall be presented. The officer shall be 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 PCRB changes 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 PCRB shall 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 PCRB.
4. Draft reports shall be confidential.
5. Final Public Reports shall be reviewed by legal counsel to the PCRB
before being submitted to the City Council.
G. Final PCRB 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.
PCRB SOP 10/04 Page 8
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
A. The reports of the Police Chief and the City Manager to the PCRB 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, the PCRB
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
the PCRB. The PCRB reserves 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.
B. An allegation of misconduct or previous allegation of misconduct against an
officer is not and shall not be used by the PCRB as evidence of misconduct.
VI. 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 the PCRB By -Laws, and using
the PCRB Standard Operating Procedures and Guidelines, the PCRB 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 or PCRB member may raise an issue at a PCRB meeting.
C. The PCRB encourages signed written correspondence from citizens but will
accept anonymous correspondence concerning policies, procedures, and
practices of the Iowa City Police Department.
VII. Annual Report
The PCRB shall 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 PCRB By-
Laws, and the PCRB Standard Operating Procedures and Guidelines
A. The annual report shall include information required by Chapter 8 of the City
Code.
B. The PCRB's annual report may also include recommendations to amend the
Ordinance.
PCRB SOP 10/04 Page 9
VIII. General
A. The lawful custodian of the PCRB 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 PCRB.
C. When legal counsel and /or staff are contacted on PCRB business, they shall
report that information to the Chair and to each other.
D. Contacts between a PCRB member and the Police Chief and /or City Manager
shall be in the form of written communication when possible.
E. Requests for information from the PCRB to the Police Chief or City Manager
shall be in writing.
F. The PCRB administrative assistant shall provide to the Board a monthly "PCRB
Office Contacts Report," stating the number of telephone calls and in -office
contacts which come directly to the PCRB office, the general substance of such
contacts, and their disposition.
G. Voice Mail telephone messages to the PCRB office 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
PCRB and the City Attorney's Office.
H. The PCRB shall utilize its own letterhead stationery.
elea norlperbgde2.doc
PCRB SOP 10/04 Page 10