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HomeMy WebLinkAbout05-10-2005 Police Citizens Review Board AGENDA POLICE CITIZENS REVIEW BOARD May 10, 2005-7:00 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 03/08/05 · ICPD General Order #91-05 (Investigative Task Force) · ICPD General Order #92-01 (Infectious Disease Control) · ICPD General Order #99-02 (Alarm - Open Door Response) · ICPD General Order #99-03 (Prisoner Transport) · ICPD Use of Force Report- February 2005 · ICPD Use of Force Report- March 2005 · ICPD Quarterly/Summary Report (Quarter 1) - IAIR/PCRB, 2005 · ICPD Department Memo 05-10 ITEM NO, 3 OLD BUSINESS ITEM NO. 4 NEW BUSINESS · PCRB Draft of Annual Report · Timeliness of Complaint #05-01 ITEM NO, 5 PUBLIC DISCUSSION ITEM NO, 6 BOARD INFORMATION ITEM NO, 7 STAFF INFORMATION ITEM NO. 8 CONSIDER MOTION TO ADJOURN TO EXECUTIVE SESSION based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. ITEM NO. 9 MEETING SCHEDULE and FUTURE AGENDAS · June 14, 2005, 7:00 P.M., Lobby Conference Room · July 12, 2005, 7:00 P.M., Lobby Conference Room · August 9, 2005, 7:00 P.M., Lobby Conference Room · September 13, 2005, 7:00 P.M., Lobby Conference Room ITEM NO. 10 ADJOURNMENT MEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City DATE: May 6, 2005 TO: PCRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on May 10, 2005 Enclosed please find the following documents for your review and comment at the next board meeting: · Minutes of the meeting on 03/08/05 · ICPD General Order #91-05 (Investigative Task Force) · ICPD General Order#92-01 (Infectious Disease Control) · ICPD General Order #99-02 (Alarm - Open Door Response) · ICPD General Order #99-03 (Prisoner Transport) · ICPD Use of Force Report- February 2005 · ICPD Use of Force Report- March 2005 · ICPD Quarterly/Summary Report (Quarter 1) - IAIR/PCRB, 2005 · ICPD Department Memo 05-10 · PCRB Complaint Deadlines · PCRB Office Contacts- March 2005 · PCRB Office Contacts- April 2005 · Letter from Carol deProsse · Draft #1 of Annual Report Other resources available: National Association for Civilian Oversight of Law Enforcement NACOLE provides information regarding civilian oversight in law enforcement nation wide. For more information see: www. NACOLE.orq DRAFT POLICE CITIZENS REVIEW BOARD MINUTES - March 8, 2005 CALL TO ORDER: Chair Loren Horton called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Candy Barnhill, Beth Engel, Loren Horton, Greg Roth and Roger Williams MEMBERS ABSENT: None STAFF PRESENT: Legal Counsel Catherine Pugh (7:08) and Staff Kellie Tuttle OTHERS PRESENT: Captain Tom Widmer from the ICPD. Horton congratulated the Police Department on getting a new dog and asked about the pronunciation of the name and the breed of dog. Widmer said the dog's name was Naton and that he is a Belgian Malinois. RECOMMENDATIONS TO COUNCIL (1) Accept PCRB Report on Complaint #04-02 (2) Accept PCRB Report on Complaint #04-03 CONSENT CALENDAR Motion by Barnhill, seconded by Engel, to adopt the consent calendar as amended. · Minutes of the meeting on 02/08/05 · ICPD General Order #01-01 (Racial Profiling) · ICPD General Order #01-05 (Officer Involved Shootings/Lethal Incident Investigations) · ICPD Department Memo #05-03 · ICPD Use of Force Report- January 2005 Motion carried, 5/0. OLD BUSINESS Policy/Procedure for extension requests - Barnhill wanted to continue discussion regarding the timeline of extension requests. One option would be to call a special meeting to address the extension request if a regular meeting is not scheduled. Pugh stated that there were two sides to the situation. One problem is not getting the extension request in time to make a decision at a regular meeting. The Board could give some 7, 5, or 3-day notice before a deadline so they can meet and act, but to keep in mind that the Board could be subject to the same requirements for their extension requests to Council. There would be no requirement to change anything if the Board chose to call special meetings to deal with the requests, the Board could just agree upon it. Barnhill made a motion to discuss a policy/procedure that would be specific and part of the Standard Operating Proceedures, no second was made. Horton agreed to consider a motion to adopt a policy that a special meeting be called when an extension request from the Chief is received and there is no regular meeting scheduled before the deadline. Engel moved the motion and Barnhill seconded. Motion carried, 5/0. NEW BUSINESS None. PUBLIC DISCUSSION Widmer will relay to the Chief the imposition it puts on the Board when an extension request is received with little or no notice before the deadline date. And will also relay the importance of meeting deadlines and being timely with requests. PCRB - Page 2 DRAFT March 8, 2005 BOARD INFORMATION Barnhill asked Widmer to go back to the discussion of the February 8th meeting when she asked him about the Iowa Code and what an officer must do during the course of an arrest. If the Iowa Code stipulates during the course of arrest that the reason for the arrest must be given, does each municipality base all of it's criteria on the Iowa Code and then can it also make it's own departmental policies more stringent? Widmer agreed that each department must follow Iowa Code but can also make it's own departmental policies more restrictive, but never less. Barnhill also asked Widmer to interpret Iowa Code (804.14 Manner of making arrest/which states "The person making the arrest must inform the person to be arrested of the intention to arrest the person, the reason for arrest, and that the person making the arrest is a peace officer, if such be the case, and require the person being arrested to submit to the person's custody, except when the person to be arrested is actually engaged in the commission of or attempt to commit an offense, or escapes, so that there is no time or opportunity to do so." Widmer deferred to Pugh and said that she could do a better job articulating what the Iowa Code says. If it was policy and procedure and what the Code says on how they operate in Iowa City he would be able to answer those questions, but if it's dealing with the letter of the law and what the Iowa Code says and what the City would ultimately be governed by he thought Pugh would be able to answer those questions just as well. Pugh then stated that it is ultimately up to the Board on whether they agree the law was followed and that Captain Widmer can only say what is expected of the officers and the department. Barnhill then asked Widmer if an individual is placed under arrest and they ask why they've been placed under arrest, is it the Iowa City Police Departments policy to try if the situation allows to tell the person? Widmer replied that under normal circumstances he couldn't imagine that an officer would not tell that person. What happens many times is that they tell the person and for some reason the person doesn't hear the officer, and they ask again and later on claim that they weren't told and maybe for whatever reason the officer gets tired of talking to the person and doesn't say anything. Widmer said that he could not imagine that an officer would arrest someone and not tell them what they were being arrested for, that it is a natural course of events for an officer. Also the person being arrested receives papers stating what they are being arrested for. Horton mentioned that two Board members terms end in September of this year, Roth and Williams. He would like to see them reapply and wondered when the vacancies would be announced. Tuttle stated that the announcement would probably be made in June or July depending on the Council summer schedule. STAFF INFORMATION Tuttle informed the Board that there were a couple of students working together doing a paper on the Board. Horton said that one of them had contacted him and they were supposed to be setting up a meeting sometime so he could answer some questions. Widmer added one more thing in case the Board hadn't heard. Chief Winkelhake has announced his retirement effective July 1, 2005. EXECUTIVE SESSION Motion by Roth, seconded by Williams, 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 PCRB - Page 3 DR,4FT March 8, 2005 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 7:45 p.m. REGULAR SESSION Returned to open session at 8:46 p.m. Motion by Roth, seconded by Engel, to approve the Public Report as amended for PCRB Complaint #04-02 and forward to City Council. Motion carried, 4/1, Barnhill voting no. Motion by Roth, seconded by Williams, to approve the Public Report as amended for PCRB Complaint #04-03 and forward to City Council. Motion carried, 5/0. MEETING SCHEDULE · April 12, 2005, 7:00 p.m., Lobby Conference Room (MEETING CANCELLED) · May 10, 2005, 7:00 p.m., Lobby Conference Room · June 14, 2005, 7:00 p.m., Lobby Conference Room · July 12, 2005, 7:00 p.m., Lobby Conference Room Motion by Engel, seconded by Barnhill to cancel the April meeting. Motion carried, 5/0. Horton informed the Board that they should be starting to look at the annual report in either May or June. Tuttle said that she would put a draft in the May packet. ADJOURNMENT Motion by Roth, seconded by Engel, to adjourn. Motion carried, 5/0. Meeting adjourned at 8:50 p.m. OPS-04.1 INVESTIGATIVE TASK FORCE Date of Issue General Order Number OCTOBER 01, 1991 91-05 Effective Date Section Code OCTOBER 02, 1991 OPS-04 IReevaluation Date Amends / Cancels April 2008 4/05 C.A.L.E.A. I Reference INDEX A S Criteria'for Investigative Task Force Investigative Task Force Outside Agency Requests - Investigative Task Force Members Procedures for Investigative Task Force PURPOSE The purpose of this Order is to establish the policies and procedures for the creation and operation of ~nvestigative task forces consisting of law enforcement officers from Iowa City and/or outside law enforcement agencies. This Order consists of the following numbered sections: II. Procedures for the Investigative Task Force III. Outside Agency Requests for Task Force Participation IV. Notification Procedure V. Effective Date OPS-04.2 II. PROCEDURES FOR THE INVESTIGATIVE TASK FORCE A. Criteria for Establishinq an Investi.qative Task Force 1. Surveillance (stake out situations) 2. Mass arrests and/or potentially dangerous arrests 3. Large scale and/or potentially dangerous search warrant situations 4. Major case investigation such as homicide, burglaries, armed robbery, sexual assault, etc. 5. Missing child case 6. Investigation of multi-jurisdictional criminal activity 7. Other situations requiring the coordinative efforts of investigators and patrol officers from their jurisdictions. B. Task Force Command 1. The Investigations Commander will be in command of any task force that is established within the City of Iowa City. This command authority will include personnel from other law enforcement agencies assisting in the operation. 2. The Investigations Commander will hold a general briefing for all parties involved in the operation. The briefing shall focus upon the following: a] purpose of investigative task force b] identification of target, subjects, vehicle and/or victim' :.-~_ c] assignment of task force personnel - d] plan of action e] contingency plans. C. Staffin.q of Task Force Whenever possible, the Investigative Task Force will be staffed fr.'~ the roster of the Iowa City Police Department and any other agency that has a direct interest in the operation. Other law enforcement agencies may be polled for personnel, as the need arises. OPS-04.3 D. Task Force Debriefing When the operation is completed, every attempt will be made to assemble all parties at a designated place for a debriefing of the operation. All positive and negative aspects of the operation will be discussed to enhance future operations. III. OUTSIDE AGENCY REQUESTS FOR TASK FORCE PARTICIPATION A. The Investigations Commander and/or Commander, Field Operations, must approve the assignment of officers to participate in a task force operation controlled by an outside law enforcement agency. B. When assigned to an outside task force, the Iowa City officer(s) will follow the orders of the Commander or officer in charge of that task force operation. C. If members of the Iowa City Police Department are involved in a task force operation involving outside agencies and that operation culminates in an arrest within the jurisdiction of the City of Iowa City, the Iowa City officers Will transport, book, and process the arrest. The only exceptions will be if: 1. a federal or state agency is coordinatirig the operation 2. a local agency is serving arrest or search warrant which originated from their jurisdiction. IV. NOTIFICATION PROCEDURES A. The Investigations Commander and/or Commander, Field Operations, will be responsible for notifying the Chief of Police of the creation of an investigative task force and for regular briefings on the status of the investigation. R. J. Winkelhake, Chief of Police? ADM-05.1 INFECTIOUS DISEASE CONTROL Date of Issue General Order Number MAY 08, 1992 92-01 Effective Date Section Code MAY 08, 1992 ADM-05 IReevaluati°nDateAPril 2008 4/05 Amends/Cancels IC.A.L.E.A. Reference INDEX A S: Acquired Immune Deficiency Syndrome (AIDS) Hepatitis B Virus (HBV) Human Immunodeficiency Virus (HIV) Infectious Disease Infectious Disease Exposure PURPOSE: The purpose of this directive is to establish uniform guidelines for the handling of situations which pose an infectious disease exposure risk to humans, and specifically to police officers. This order consists of the following numbered sections: I. Introduction II. Policy III. Definitions IV. Procedure V. Personal Protective Equipment VI. Disinfection, Decontamination, and Disposal .... , VII. Handling of Persons and Employee Conduct VIII. Employee Management ADM-05.2 I. INTRODUCTION Federal agencies such as the Occupational Safety and Health Administration (OSHA) and the Centers for Disease Control (CDC), as well as the general public, have become increasingly aware of infection control in the past five to ten years. Much of the awareness has been the result of the increasing number of serious illnesses and deaths that have occurred each year. Many of the deaths have been the result of exposure to serious infectious diseases. The Hepatitis A/B Viruses (HAV / HBV) have long been recognized as ~being capable of causing illness and/or death. Similarly, Human ImmbrJod~fi¢i-(~ncy Virus (HIV), also referred to as Acquired Immune Deficiency Syndrome;(AIDS), is known to cause the same effect on the human body. . ,~ Research has demonstrated that when proper barrier techniques are utilized transmission of HBV and HIV can be prevented. Since law enforcem, en~.:0ffic,.~rs work in environments that provide inherently unpredictable risks of~--~xpos ~u~,~, general infection-control procedures must be adapted to the work s~tuat~ons. Personal protection measures must be exercised in all situations that have a likelihood of exposure to infectious diseasesl I. POLICY It is the policy of the Police Department to provide methods and equipment sufficient to protect its employees from exposure to infectious diseases that cause or are likely to cause death or serous physical harm Tl~e Department shall maintain a safe working envi~:onment for all employees. Adequate training, personal protective equipment, medical precautions, and records shall be available to all employees. II1. DEFINITIONS OSHA Rule 29 CFR 1910-1030; Exposure Control Plan for Bloodborne Pathogens Term Definition Blood Human blood, human blood components and products made from human blood. Bloodborne Pathogens Pathogenic microorganisms that are present in human blood and can cause disease in humans. These pathogens include, but are not limited to, Hepatitis B Virus (HBV) and Human Immunodeficiency Virus (HIV). Body Fluids Fluids that have been recognized by CDC as directly linked to the transmission of HIV and/or HAV / HBV and/or to which universal precautions apply; blood, semen, blood products, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, peritoneal fluid, pericardial fluid, amniotic fluid, and concentrated HIV or HAV / HBV viruses. ADM-05.3 Contaminated The presence or the reasonably anticipated presence of blood or other potentially infectious materials on an item or surface. Contaminated Laundry Laundry which is wet with blood or other potentially infectious materials and presents a reasonable likelihood of soakthrough or leakage from the bag or container; laundry which may contain sharps. Contaminated Sharps Any contaminated object that can penetrate the skin including, but not limited to, needles, scalpels, broken glass, broken capillary tubes, and exposed ends of dental wires. Decontamination The use of physical or chemical 'means to remove, inactivate, or destroy bloodborne pathogens on a surface or item. Disinfect To inactivate virtually all recognized pathogenic microorganisms, but not necessarily all microbial forms (e.g., bacterial endospores) on inanimate objects. Engineering Controls Controls that isolate or remove the hazard from the workplace. Exposure Incident A specific eye, mouth, other mucous membrane, non- intact skin, or parenteral contact with blood or other potentially infectious materials that results from the performance of an employee's duties. Occupational Exposure Reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or other potentially infectious materials that may result from the performance of an employee's duties. This definition excludes incidental exposure that may tak~e place; on the job, and that are neither reaSonably expected and that the worker is not required to incq¢ in the normal course of employment. Other Potentially Infectious Materials (1) The following body fluids: Sem~.'(/agi~al secretions, cerebrospinal fluid, synovial fl~, pleu~al fluid, pericardial fluid, peritoneal fluid, amniotic fluid, saliva in dental procedures, and any body fluid that is visibly contaminated with blood; (2) Any unfixed tissue or organ (other than intact skin) from a human (living or dead); and ADM-05.4 (3) HIV - or HAV / HBV - containing cell or tissue cultures, organ cultures, and culture medium or other solutions; and blood, organs or other tissues from experimental animals infected with HIV or HAV / HBV. Parenteral Piercing mucous membranes or the skin barrier through needlesticks, human bites, cuts, abrasions, etc. Personal Protective Equipment(PPE) Specialized clothing or equipment worn by an employee for protection against a hazard. Source Individual Any individual, living or dead, whose blood, body fluids, tissues, or organs may be a source of exposure to the employee. Examples include, but are not limited to, hospital and clinic patients; clients in institutions for the mentally, retarded; trauma victims; clients of drug and alcohol treatment facilities; residents of hospices and nursing homes; human remains prior to embalming; and individuals who donate or sell blood or blood components. Sterilize The use of a physical or chemical procedure to destroy all microbial life, including highly resistant bacterial endospores. Universal Precautions The term "universal precautions" refers to a system of infectious disease control which assumes that every direct contact with body fluids is infectious and requires every employee .exposed to direct contact with body fluids to be protected as though such body fluids were HAV / HBV or HIV infected. Therefore, universal precautions are intended to prevent health care workers from parenteral, mucous membrane and non- intact skin exposure to bloodborne pathogens. Work PracticeControls Controls that reduce the likelihood of e~p.o, sure!.by altering the manner in which a task is performed. .~ IV PROCEDURE ~- A. Modes and Risk of Infectious Disease Transmission ~-; ,~ Hepatitis A/B Viruses (HAV / HBV) and Human Immunodeficiency Virus (HIV) are considered infectious diseases by all health and medical resources. Both have been transmitted in occupational settings only by contact with open wounds, chapped or weeping skin, or mucous ADM-05.5 membranes to blood, blood-contaminated body fluids, or concentrated virus. There is no evidence that HBV or HIV is spread through the air, through food, or through routine, casual contact. Although blood is the single most important soume of HIV and HAV / HBV, police officers are often in adverse situations that make differentiation between body fluids difficult. For example, poor lighting may limit the ability to distinguish blood from other body fluids. Therefore, all body fluids shall be treated as potentially hazardous under uncontrolled, emergency circumstances in which differentiation between body fluids is difficult. Additionally, all persons should be assumed to be infectious with HIV and/or HBV. The risk of exposure to infectious diseases can be minimized by the use of personal protection devices when circumstances dictate. Protection can be achieved through the use of equipment such as gloves, masks, and special clothing designed to provide a barrier between the employee and a risk source. The use of such equipment is often referred to as universal precautions. Police officers must always be aware of potential exposure risk situations and do as much as possible to reduce the risk. 1. Cardiopulmonary Resuscitation (CPR) Police personnel should be concerned with the possible HIV and HAV / HBV exposure through CPR administration. Therefore, gloves and a protective resuscitation mask ("pocket mask") with a one,way valve must always be used when administering CPR.~After ~bh a situation is completed, personnel and equipment must I~ ...cleaned. 2. Fights and Assaults Fights and assaults can place an officer in a situation ~fo'r potb~ial exposure from a wide range of causes such as huma.~r~t)Ees--and attacks with sharp objects. Such instances may occur d~ing ar--r, est, routine interrogations, domestic disputes, and booking operations. Hands on contact may result in the presence of body fluids and thus a chance of exposure. Extreme caution must be used in dealing with a suspect or prisoner with assaultive or combative behavior. When blood is present and a suspect displays combative or threatening behavior, an officer must attempt to put on gloves as soon as conditions permit. Should the clothing of an officer become exposed, it should be changed as soon as possible. Suspects and prisoners may spit or throw body fluids onto an officer during street contact or booking procedures. Any fluids or materials should be removed with a disposable towel after donning gloves, and the area then decontaminated with appropriate cleaning materials. ADM-05.6 Following clean-up, soiled towels and gloves should be disposed of in a proper manner. 3. Human Bites Should an employee be bitten by anyone, the employee, shall'O,btain routine medical attention as soon as possible to preVe~-:,infection; Appropriate documentation of the incident must be completed;and should include employee injury reports for permanent retention i~the emploYee's personnel file. 4. Searches and Evidence Handling During searches and evidence handling, exposure to HIV and HAV / HBV may be possible. Injuries such as puncture wounds, needle sticks, or cuts pose a hazard dudng evidence handling and during searches of persons, vehicles, and places. The following precautions can help .reduce the risk of infection during search situations: a) Caution must be' used when searching prisonedsuspects' clothing. Discretion should be used to determine if an employee should search a prisonedsuspect's clothing or if the prisonedsuspect should empty his or her own pockets. b) A safe distance should always be maintained between an officer and a suspect. c) An employee should wear protective gloves if exposure to body fluids is likely to be encountered. d) If cotton gloves are to be worn for evidence handling, they should be worn over protective, disposable gloves when exposure to body fluids may occur. e) A flashlight should be used when searching areas in which the available light does not permit adequate vision. f) Containers such as purses and bags should be searched by turning the container up-side-down to empty the contents. Small compartments must not be searched by the finger or hand-probe method. g) Puncture-proof containers should be used to store any sharp objects that may be contaminated with body fluids. h) Caution must be used when staples are used to seal evidence so as not to tear gloves or puncture skin. ADM-05.7 i) Wet or damp items of evidence should be air-dried prior to placement in any air-tight containers. j) When practical and appropriate, puncture resistant gloves should be wom anytime a search of a person, vehicle or place is conducted. All officers, and particularly those involved with identification and crime scene processing, must be alert for the presence of sharp objects such as hypodermic needles, knives, razors, broken glass, nails, or other sharp objects. Sharp objects should not be handled with unprotected, bare hands but rather by mechanical means, such as forceps or tongs. Contaminated evidence shall not be transported, handled, nor stored with or near any food items. An employee who has had contact with or has been near contaminated items must not smoke or consume food until after a thorough hand washing. 5. Deceased Persons and Body Removal Officers should wear gloves and cover all cuts and abrasions before touching a deceased person or removing a body. Precautions should also be used when handling amputated limbs or other body parts. Safeguards should be followed for contact with the blood of anyone, regardless of whether the person is known or suspected to be infected with HIV or HAV / HBV. 6. Autopsies Protective masks and eyewear or face shields, laboratory coats, gloves, and waterproof aprons should be worn when attending an autopsy. All autopsy material should be considered infected with HIV and HAV / HBV. Should police equipment come in contact with body fluids or a contaminated surface, it must be thoroughly cleared with appropriate chemical germicide. - ..... 7. Crashes With Injury When responding to a vehicular collision or other type ~;accid~tt where injuries are present, protective gloves should be worn if body fluids are likely to be encountered. Additional protective equipment should be worn if body fluids are extensive. ADM-05.8 V. PERSONAL PROTECTIVE EQUIPMENT Appropriate personal protective equipment should be used at any time there is a risk of exposure. For many situations, the chance that an employee will be exposed to blood and other body fluids can be determined in advance. Therefore, if the chance of exposure to body fluids is high, the employee should put on protective equipment before dealing with the situation. Although several types of equipment are recommended for protection, those commonly used may not be all that is available. A. Gloves Gloves should be used in all situations in which exposure to body fluids could occur. Extra pairs of gloves should always be available in case of damage. Consideration in the choice of gloves should include dexterity, durability, fit, and the task being performed. Thus, there is no single type of thickness or glove style that is appropriate for all situations. Thin latex gloves may be the preference of patrol officers due to the ease of storage and transportation. These gloves may tear easily when used due to the thin design. Therefore, extra pairs should be available. In known hazardous situations, double-gloving is recommended. No gloves shall be used if they are peeling, cracked, discolored, punctured, torn, or have evidence of deterioration. Specially designed puncture-resistant gloves are issued to all officers and should be used whenever an officer is handling Or searching an area where there is a chance of cuts or punctures occurring. Heavy, rubber-type gloves may be the preference in situations where the gloves can be easily obtained. This type of situation may occur during crime scene processing. These gloves may be reused if cleaned after each use with appropriate cleaning methods. Gloves should be carried by each patrol officer and be available for incidents where exposure could occur. Similarly, gloves shouldb, e ava!l~ble at the police station for use during booking procedures ~d,d_priSO~er handling. B. Masks, Eyewear, and Gowns Masks, eyewear, ar)d gowns shall be available in all patrol vexes ar~ the police complex. These protective barriers should be used i~?conjun~tion with gloves when there is a situation where splashes of blood or other 1Cody fluids could occur. All protective equipment shall be made of materials that are fluid-proof or fluid-resistant and shall protect all areas of exposed skin. Should splashes or exposure occur when masks and gowns are not worn and clothing becomes contaminated, the clothing should be removed as soon as possible. Employees shall be permitted work time in which to ADM-05.9 change clothing. If at all possible, the clothing should be changed at the police station to avoid the contamination of an employee's residence. Contaminated clothing should be bagged for laundering. VI. DISINFECTION, DECONTAMINATION, AND DISPOSAL: A. Cleansinq and Decontamination of Body Fluids Spills All spills and splashes of body fluids should be promptly cleaned using an approved germicide. Visible materials should first be removed with disposable towels or other appropriate means that will ensure against direct contact with body fluids. Gloves shall be worn during cleaning operations and additional protective clothing shall be worn if splashing is anticipated. Following any cleaning, employees shall wash hands and any other body surface that may have been contaminated during cleaning. The Department shall ensure that a supply of materials and germicides suitable for the cleaning of HIV and HAV / HBV contamination are available at all times. Cleaning equipment should be used in accordance with the manufacturers' recommendations. PlaStiC bags should be available for removal of contaminated items from a contaminated area. All contaminated items and cleaninq equipment shall either be appropriately cleaned or disposed in a desiqnated container at the police complex. 1. Hand Washing Hands and other skin surfaces should be washed immediately and thoroughly if exposed or contaminated with body fluids. Hands should always be washed after gloves are removed, even if the gloves appear to be intact. Hands, and any other exposed skin surface, should be washed with warm water and soap. Waterless antiseptic hand cleanser should be. available to all officers for use when hand-washing facilities are not available. No food substances may be consumed following exposure to body fluids_~until ~fter thorough hand washing has been completed. '-~ 2. Laundry Although contaminated clothing has a negligible risk transmission, employees shall treat all contaminated laundry with .~.~11 uniVersal precautions. Clothing that has received spills or splash'~s shall be removed as quickly after the exposure as possible. If possible, the clothing removal should be done at the Police Department so as not to contaminate an employee's residence. All sworn officers shall have an additional full uniform available in their locker. Clothing which has been contaminated with body fluids may be bagged and transported for laundering at the expense of the ADM-05.10 department. Although normal laundry cycles and detergent used to the manufacturers' recommendations are satisfactory for the cleaning of contaminated clothing, no employee shall be required to launder contaminated clothing if he or she does not wish. The employee is responsible to ensure his or her supervisor is aware of the need for laundry service. The supervisor shall ensure arrangements are made for the laundry service of the contaminated clothing. 3. Decontamination and Cleaning of Protective Equipment Reusable protective equipment and interiors of police vehicles contaminated with body fluids shall be cleaned as soon as possible after exposure. If equipment is contaminated at locations other than the police station, the equipment should be transported to the Police Department in bags. Cleaning germicides shall be available at the Police Department and should be used in accordance with the manufacturers' recommendations. Employees involved with equipment cleaning shall wear gloves during the process and additional protection if necessary. 4. Contaminated Objects Disposal Disposal of contaminated clothing, protective equipment, and all other objects of concern shall be done by placement in a designated container at the Police Department. A designated container shall be available at all times and shall be emptied, by only propedy authorized persons. The Police Department will arrange for disposal of contaminated waste by persons or outside agencies properly trained and certified to do so. 5. Contaminated/Infective Waste All contaminated materials shall be placed only in an appropriate Container for disposal at the Police Depadment ...... VII. HANDLING OF PERSONS AND EMPLOYEE CONDUCT: A. Equal and Nondiscriminatory Treatment ~ Courtesy and civility toward the public are demanded at all times '-61' all department employees, and any conduct to the contrary will not be tolerated. Facilities, programs, and services shall be available to all members of the public on an equitable basis regardless of known or suspected HIV or HAV / HBV infection. Jokes, discrimination, and refusal or omission of services will not be tolerated towards any member of the public. Should a particular incident require the use of employee protection ADM-05.11 measures, such protection shall be used with courtesy and civility towards all persons. Employees of the department shall not discriminate nor treat unequally any other employee known or suspected of being infected with HBV or HIV. If an infected employee receives medical approval to report to work, the employee shall be treated without discrimination by all other employees. The infected employee shall be employed so long as he or she is able to perform assigned job functions in accordance with department standards. VIII. EMPLOYEE MANAGEMENT: The Police Department shall maintain a safe working environment for all employees. Adequate training, personal protective equipm~:nt, medical precautions, and records shall be available to all employees.?~ ,..~-, A. Training and Education The Police Department shall require employee training regar~'ing HI'and HAV / HBV facts as they relate to the working. No employee should be allowed to perform his or her duties before having received such training. The Police Department should work with the City Personnel Division, and other sources, to provide the needed training. The training program should ensure that all employees: 1. Understand the modes of transmission of HBV and HIV. 2. Can recognize incidents when universal precautions should be utilized. 3. Know the types of protective equipment appropriate for use in specific instances. 4. KnoW and understand the limitations of protective clothing and equipment. 5. Are familiar with appropriate actions to take and persons to inform if exposure occurs. 6. Are familiar with and understand all requirements for work practices and department general orders. 7. Know where protective equipment is kept, its proper use, and how to remove, handle, decontaminate, and dispose of contaminated clothing and equipment. ADM-05.'I2 8. Know the corrective actions to be taken in the event of spills or personal exposure to body fluids, the appropriate reporting procedures, and the medical monitoring recommended. Following the initial HAV / HBV and HIV training, employees should receive refresher training at least annually thereafter. B. Personal Protective Equipment The Police Department shall provide all employees access to personal protective equipment as may be necessary for protection from exposure to body fluids. The equipment shall be provided in sufficient quantity so as to be available to all employees without having to share while working a single incident. The department shall pay all costs incurred for the acquisition, cleaning, maintenance, disposal, and replacement of all equipment. C. Medical Precautions In addition to any health-care or monitoring required by other rules, regulations, or worker agreements, the Police Department shall offer, without charge to an employee: 1. Voluntary HAV / HBV immunization. An employee who has received initial immunization shall be offered booster doses as may be required/recommended by proper medical authorities. 2. Monitoring, at the. request of the employee, for HAV / HBV and HIV antibodies following known or suspected exposure to blood or body fluids. The evaluation results shall be confidential. It is recommended that monitoring be conducted following a known or suspected exposure. Monitoring is particularly important if the exposure was to a person of unknown identity. Monitoring procedures shall be in accordance with the recommendatioris of qualified medical personnel. 3. Counseling for an employee found, as a result of monit0~ing, to be' seropositive for HAV / HBV or HIV. pi " D. Recordkee n.q' The Police Department shall be responsible for the maintenance of incident and personnel reports pertaining to exposure, suspected exposure, training, and all other incidents dealing with HBV and HIV that are a concern to the Division. Records should include: ADM-05.13 1. Training records, indicating the dates of training sessions, the content of training sessions along with the names of all persons conducting the training, and the names of all persons receiving training. 2. The conditions observed during routine, day-to-day operations for compliance with work practices and use of protective equipment. If non-compliance is noted, the conditions should be documented along with corrective actions taken. 3. The conditions associated with each incident of exposure to body fluids, an evaluation of the conditions, and a description of any corrective measures taken to prevent a recurrence or other similar exposure. Records pertaining to HAV / HBV vaccinations and post-exposure follow-up shall be retained for 30 years after termination of employment with the department. J."'~inkelhake CHIEF OF POLICE WARNING This directive is for departmental use only and does not apply in any criminal or civil proCeeding. The department policy should not be construed as a creation of a higher 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 admin stmtive sanctions OPS-08.1 ALARM - OPEN DOOR RESPONSE IDate of Issue General Order Number February 9, 1999 99-02 IEffective Date Section Code February 12, 1999 CPS-08 IReevaluation Date I Amends / Cancels February 2006 03/05 Department Memo 96-56 IC.A.L.E.A. Reference 1.2.4, 1.3.6, 81.2.13 See Index INDEX AS: Use of Force Supervisory Responsibility Building Search Alarm / Open Door Response Canine Procedure I. PURPOSE The purpose of this policy is to define the responsibilities and duties of officers when they respond to burglar alarms or "open doo¢' calls. II. POLICY It is the policy of the Iowa City Police Department to respond to burglar alarms and open door calls in a safe and efficient manner. When responding to these types of calls, they shall be handled in manner which provides maximum safety for the officer and the public. The decision to search a building in these circumstances will be made only after attempting to contact a representative of the building, or when a representative is unavailable, after considering all of the circumstances surrounding the incident. Warrantless searches shall be conducted only if circumstances justifying a warrantless search are present. III DEFINITIONS IV. PROCEDURES a. BURGLAR ALARMS When a member of this department responds to a burglar alarm the officer should respond in a safe and reasonable manner. When approaching the location of the alarm the officer should consider the deactivation of emergency lights and siren if applicable. The officer should be observant for vehicles and/or persons leaving the immediate area. Upon arrival at the scene the officer should not park directly in front of the location from which the alarm is coming, instead they should park down the street from the alarm. The officer should approach the address from as concealed a position as possible. Upon reaching the exterior of the building, the officer should: 1. Check the exterior of the building for possible signs of a break-in. The officer should also check for open doors and monitor the interior of the building for suspicious .activity. 2. If there are no obvious signs of forcible entry, the officer should notify communications. The alarm company is responsible for contacting a business representative. Upon receiving notification from the alarm company of the key holder response, the ECO should advise the officer if a representative is going to respond. If the representative requests that an officer accompany them into the building, the officer may do so with the approval of a supervisor. This will not constitute a search. 3. If there are signs of forced entry or attempted entry, officers should secure the perimeter of the building. When available, back-up officer(s) should check the immediate area for possible suspects or other buildings which may have been entered. Communications will contact a representative of the building at the officer's request. The representative shall be requested to come to the location before an officer enters the building. The contact will allow officers the opportunity to determine if anyone would be expected to be in the building. A supervisor should respond to the scene before entry is made. 4. If a building representative can not be contacted, a supervisor will make the determination whether: 1) officers will enter the building to conduct a search; 2) the building will not be entered and "extra patrol" initiated for the building; and/or, 3) a search warrant will be requested. Extra patrol requests will be forwarded to subsequent watches as applicable. Regardless of the decision to enter or secure the building, the supervisor of the day watch will attempt to OPS-08.3 contact a building representative the next business day. The building representative will be informed of the date and time of the incident and be asked to complete an emergency contact card and return it to the Police Department. 5. In instances where the building representative declines to come to the scene, a watch supervisor may authorize a search of the building if the building representative requests and consents to a search. 6. In instances where there is forced or attempted entry, the lead officer shall complete an incident report and required supplemental reports ..... B. OPEN DOORS AND WINDOWS When an officer comes upon or is made aware of an open doo~-the?-~ following guidelines should be adhered to: 1. The officer(s) will secure the perimeter. At the offi~r's re~est, communications will contact a building representative to co~e to the location before any officer enters the building. 2. If the building representative cannot be contacted or does not desire to come to the location, the officer(s) will secure the building to the extent possible and initiate an "extra patrol" request for the duration of the watch and subsequent watches as applicable. The day watch commander will contact the building representative the next business day. The business representative will be advised of the date and time of the incident and be asked to complete an emergency contact card. C. SEARCHPROCEDURES 1. If a property representative is not available and there is a reasonable basis on which to conclude that an emergency threat to persons and/or property exists, a supervisor may authorize warrantless entry and search by officers. In the absence of such circumstances, any search must be pursuant to warrant. 2. In' instances where the building representative declines to come to the scene, the watch supervisor may authorize a search of the building if the building representative requests and consents to a search. This does not require that the building be searched. 3. When a determination to search is made, with or without the contacting of a property representative, a supervisor should be present at the scene. OPS-08.4 4. If a determination is made to search the property, officers should consider requesting an available canine team in assisting with the search. All use of canine teams shall comply with canine policies and procedures. 5. If it is determined that a search will be conducted, officers shall verbally identify themselves as members of the Iowa City Police Department prior to entry. If exigent circumstances exist, this notification may be waived by the supervisor on the scene. When assisting an outside agency, members of this department will be guided by this policy. Prior to the search of the building, a watch supervisor should be present. The watch supervisor should confirm that the person requesting the search has authority to authorize the search. When the building to be searched is a public building under the control of the City of Iowa City, an attempt to contact the appropriate department head should be made prior to authorizing the search of the building. When a determination is made that an officer will search a building, the officer will make the determination as to whether he/she will draw his/her weapon. If the officer decides to draw his/her weapon, a Use of Force Report shall be completed by each officer drawing his/her weapon. In instances where multiple officers are involved in the search of a building, the on-scene supervisor may authorize one Use of Force report for all units present. IN ALL INSTANCES, ALL OFFICERS SHALL BE GUIDED BY THE DEPARTMENTAL USE OF FORCE POLICY. , 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 onty form the basis for departmental administrative sanctions, 0PS-09.1 PRISONER TRANSPORT Date of Issue General Order Number March 17, 1999 99-03 Effective Date I Section Code March 20, 1999 I OPS-09 Reevaluation Date I Amends / Cancels March 2006 04/05 All Orders In Conflict I C.A.L.E.A. I Previous Review Dates: Chapter 71 February 2000 Use of force Prisoner Transport Handcuffing I. PURPOSE The purpose of this policy is to provide guidelines for transporting persons in the custody of officers of the Iowa City Police Department between points of arrest and initial booking. II. POLICY Transporting Prisoners is a potentially dangerous function. Therefore, it is the policy of the Iowa City Police Department to take the precautions necessary while transporting ;oners to protect the lives and safety of officers, the public and the person in OPS-09.2 III. PROCEDURES A. Vehicle Inspection 1. At the beginning and end of each tour of duty, all vehicles regularly used for prisoner transport shall be. inspected for readiness as follows. a. The safety screen shall be securely in place and undamaged. b. All windows shall be intact, and outer door latches in proper working order. c. Rear-seat door handles and window controls shall be deactivated. d. The interior shall be thoroughly searched to ensure that no weapons or contraband have been le, ft behind or hidden within the vehicle. 2. Prior to placing a pdsoner in a vehicle for transport, the transporting officer shall inspect the interior for weapons or contrabandT~)-'l'he vehicle shall be searched again after the prisoner has beer¥'_d~, live~ ~.. - to the detention facility or other destination. - B. Handcuffing/Use of Restraints . 1. Officers should handcuff (dOuble-locked) all prisoners with~heir ha~ls behind their back and palms facing outward. 2. The officer may handcuff the prisoner with his/her hands in front, or use Other appropriate and approved restraining device(s) where the prisoner a. is in an obvious state of pregnancy, b. has a physical handicap, or c. has injuries that could be aggravated by standard handcuffing procedures. 3. Known juveniles will be handcuffed only when reasonably necessary to ensure the safety 'of the officers, juvenile or others. 4. Prisoners shall not be handCuffed to any part of the vehicle during transport. 5. Additional approved restraint devices may be used to secUre a prisoner who violently resists arrest or who exhibits behavior such that he/she poses a threat to himself, the officer, to the public, or to prevent escape. 6. Officers are prohibited from transporting prisoners who are restrained in a prone position. The technique of "hog tying" shall not be used by members of this department. 0PS-09.3 C. Transport 1. Prior to transport, all prisoners shall be thoroughly searched for any weapons or contraband. 2. Prisoners should not be handcuffed together. 3. When possible, females should be transported separately from males. 4. Juveniles shall not be transported in the same area of a vehicle with adult prisoners. 5. Special precautions should be employed when transporting high-risk prisoners. In particular: a. combatants Should be transported separately b. members of rival gangs should be transported separately 6. Prior to initiating transport, the officer should provide communications with the following information. a. arrest location and destination b. mileage reading before and after the transport of juveniles or ~; member of the opposite sex. c. number of persons being transported. d. nature of the charge(s) :, 7. The officer should assist the prisoner(s) into the squad car, t~king Care to avoid the prisoner(s) striking their head on the vehicle. P. ri~ners_ should be instructed not to lean back on their wrists. 8. Prisoners should be transported in a manner that allows for constant visual observation. Officers operating ~/ehicles equipped with video should consider activating and repositioning the camera to document the prisoner during transport. Seating of officers and prisoners should, when possible, conform with the following: a. Where the vehicle has a security screen but one transporting officer, the prisoner should be plaCed in the back seat on the right hand side of the vehicle. When the vehicle is not equipped with a screen and has only one transporting officer, the prisoner shall be placed in the right front seat and secured with a seatbelt. b. When a prisoner is being transported in a two-officer vehicle without a security screen, the prisoner shall be placed in the right rear seat~ The second officer shall sit in the left rear seat. c. Leg restraints should be used when a prisoner exhibits or an officer reasonably believes the prisoner is likely to engage in Violent behavior or is an escape risk. d. A single transporting officer shall not transport more than one 0PS-09.4 prisoner in a vehicle without a screen. e. Prisoners should be instructed that they are not to speak to each other, or have contact with outside parties during the transport process. f. Prisoners should be secured in a seatbelt during transport if the officer(s) feel they can safely do so. 9. The physical well-being of prisoners shall be monitored during transit. Particular attention shall be directed to persons reported or suspected of being under the influence of drugs and/or alcohol or who have a history or propensity for violence. a. Prisoners who report or display symptoms of serious physical illness or injury during transit shall be taken to an emergency room for treatment. ~ b. Escorting officers shall remain with the patient at all tirff.~s:~) unleSs relieved by other authorized personnel. (this ma~/- include medical staff) · .. c. Potentially violent persons in custody shall be restrained:at all times in treatment facility unless such restraint would irttetfere with essential treatment. ~ 7.: d. In the event a prisoner who has committed a serio~offen~j~ is admitted to a hospital, 'long-term security maY be appropriate. In such cases the supervisor of the arresting officer shall design a schedule that permits 24-hour security of the prisoner. Adequate rotation of officers will be maintained. Visitors, including phone contact, not approved by the Police Department shall be prohibited. Officers shall avoid fraternization with the prisoner. e. When released from the hospital, the prisoner shall be transported to the appropriate holding facility.. The transporting officer shall ensure that all hospital treatment instructions and medication directions are given to the holding facility staff. 10. Symptoms or reports of physical or mental illness (such as threats of suicide or psychotic behavior) shall be reported to the receiving officer. 11. Any wheelchairs, crutches, prosthetic devices, and medication should be transported with , but not necessarily in the possession of the prisoner. In instances where a person with a disability must be transported, and the disability prevents transport in a marked patrol car, a watch supervisor should be contacted for assistance. Alternate methods of transport may include but are not limited to the use of an unmarked unit, transport van, or requesting an ambulance to transport. 12. Prisoners should not be left unattended during transport. 13. Officers shall not engage in unrelated enforcement activities while transporting prisoners unless failure to act would risk death or OPS-09.5 serious bodily injury to another. In non-life threatening yet serious situations, officers should call for back-up assistance and may remain on-hand until such assistance has arrived. 14. Any escape shall be immediately reported to the communications center with a complete description of the fugitive, mode and direction of travel, original charge and propensity for violence if known. The communications operator shall notify the watch supervisor. The officer shall complete report detailing the escape. When a subject is not immediately captured, the watch supervisor should consider notifying outside agencies and request assistance. He/she may also consider the use of a canine unit in tracking the subject. If this is done, it shall comply with the general order pertaining to canines. 15. If a prisoner is an escape risk, the officer shall notify the receiving~ agency of this information. · 16. When a prisoner is transported to the Iowa City Police Departme~for-.7 processing or questioning, the officer shall maintain contro/and~3halli?~ ensure that visual contact is maintained with the subject~_at all t~es.'. visual contact with the subject at all times. In this case, t~offic~r~will' decide if the handcuffs may be removed during the I~cessi~l or interview process. 17. When officers are detained for a period of time waiting for jail entry authorization, they shall monitor the well being of their prisoners and ensure that restraints have not unduly tightened. 18. Upon arrival at the Johnson County jail, weapons shall be secured in the provided lockers. 19. Prisoners are in the custody of the Iowa City Police Department until they are received by Johnson County Jail personnel or released by the officer. 20. Persons who are transported for non-criminal procedures should be patted down and seated as indicated above. The officeJ' will decided if the use of restraints is warranted. 21.Upon arrival at the receiving agency, the officer shall comply with the security requirements of the agency pertaining to weapons and prisoner restraints. Officers should advise the receiving officer of any medical conditions or special concerns regarding the prisoner as well as delivering all required paperwork and/or documentation regarding the subject. The receiving officers name should be included on the "booking" sheets. 0PS-09.6 ~,.'J'. Winkelhake, Chief of Police WARNING l'his 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 highe~ 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 USE OF FORCE REPORT February 2005 OFFICER DATE INC # INCIDENT FORCE USED 04,60 02/02/05 05-5098 Domestic Assault Subject resisted arrest while being hand cuffed by trying to flee. Officers directed the subject to the ground and exposed them to a chemical irritant. Officers then used hand control techniques to place handcuffs on the subject. 59 020205 05-5161 Domestic Assault Subject resisted arrest while being hand cuffed. Officers directed the subject to the ground and exposed them to a chemical irritant. Hand control techniques ~vere then used to place handcuffs on the subject. 93,88,15 020305 05-5310 Attempted Suicide Officers displayed less lethal projectile and drew sidearms for a subject yielding a knife threatening to harm themselves. Officers were able to talk subject into dropping the knife. Subject was then transported to the hospital for assistance. 14 020505 05-5631 Burglary Officers responded to a report of a burglary in progress. Officers observed suspects running from the scene and called for them to stop. Subject stopped but then resisted hand cuffing efforts. Officers used hand control techniques to place handcuffs on subject. Subject then refused to get into the squad car for transportation. Officers used control technique to get subject into the squad car. 34 020505 05-5677 Committal Subject resisted hand cuffing efforts. Officers used hand control techniques to put subject's hands behind back to be handcuffed. 58 020905 05-6413 Theft Subject attempted to flee from Officers investigating a theft. Officers directed subject to the ground. Subject resisted hand cuffing efforts. Officers used hand control techniques to place handcuffs on the subject. 52 021105 05-6741 Intoxicated Subject Subject attempted to flee from Officers. Officers directed the subject to the ground. Subject resisted hand cuffing and assaulted Officers. Officers used active counter measures and hand control techniques to place handcuffs on the subject. 09,51 021705 05-7846 Drag Investigation Subject had been placed under arrest and resisted hand cuffing efforts. Officers used hand control techniques and exposed the subject to a chemical irritant for hand cuffing. 31 021805 05-7855 Fight in Progress Subject was placed under arrest and resisted hand cuffing. Officers directed them to the ground and used hand control techniques to place handcuffs on the subject. 33 02 t 805 05-7860 Disturbance Call Officer drew side arm and gave verbal commands for a subject suspected of attempting to break into a residence. Subject was taken into custody with no problems. 60,04,23 021905 05-8167 Warrant Service Subject was placed under arrest and resisted hand cuffing efforts. Officers directed them to the ground and used hand control techniques to place handcuffs on the subject. 19,59,95 022005 05-8311 Fight in Progress Subject assaulted Officers who were searching them incident to an arrest. Officers used active counter measures to control the subject from further assaults. Subject then refused to get into a squad car. Officers used hands ~ ,,., ·. ~..,, on technique to place subject into the ~" '"'" ~' ~"~ ~ !"~ .', ~,~ 1 squad car. Subject was transported to ~ . the hospital. At the hospital the subject refused to comply with hospital t I :ii i'~ [ i~ i :'~i:~:~-· , directives and again assaulted Officers. Officers used additional hands on i [ ~ techniques and active counter measures to insure the subject received treatment and prevent further assaults. 17,21,18 022405 05-8848 Public Intoxication Subject has been placed under arrest and resisted hand cuffing efforts while assaulting an Officer. Officers directed them to the ground and used hands on technique to place handcuffs on the subject. Subject then refused to get into a squad car. Officers used hands on technique to place subject into the squad car. 05 022505 05-9047 Trespass/Intoxicated Subject resisted arrest by refusing to Subject place hands behind their back. Officer used hand control techniques to place handcuffs on the subject. 95 022605 05-9261 Domestic Disturbance Officer displayed less than lethal projectile when responding to a report of a subject armed with a knife threatening to harm himself and others. 59 022605 05-9423 Alcohol Violation Subject resisted arrest by refusing to place hands behind their back. Officer used hand control techniques to place handcuffs on the subject. 38 022705 05-9495 Suspicious Activity Subject resisted arrest by refusing to place hands behind their back. Officer used hand control techniques to place handcuffs on the subject. 19 022805 05-9712 Traffic Stop Subject resisted arrest by attempting to flee. Officer displayed chemical irritant. Subject then complied without further incident. IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT March 2005 OFFICER DATE INC # 1NCIDENT FORCE USED 23 030405 05-10317 Vehicle Pursuit Officers assisted other agency with a motor vehicle pursuit. Vehicle left city limits without incident and Iowa City Officer discontinued pursuit. 20,40 030405 05-10391 OWI Arrest Subject had been placed under arrest - for OWI. Subject attempted to run ~ .~-~ from Officers while at ICPD. Officers c'-~ ~:~- used control techniques to place - '- -' handcuffs on the subject. At JCSO the ; subject again attempted to run from ~ Officers. Officers pursued and directed · . the subject to the ground where they ~. were again handcuffed. 05,03 } :: 030505 05-10497 Domestic Assault Subject had been placed under arrest for domestic assault. Subject refused to allow Officers to remove gloves that he was wearing to be searched. Officers used control techniques to remove the gloves. Subject then refused to comply with Officer's request to sit in a chair for a search. Officer used a control technique to assist the subject into the chair. 56 030505 05-10583 Injured Deer Officer used sidearm to dispatch a deer. 51,18 030505 05-10618 Suspicious Activity Subject had been placed under arrest and resisted handcuffing efforts. Offices attempted to use hand control techniques to handcuff the subject but were unsuccessful. Officers then exposed the subject to a chemical irritant and were able to apply handcuffs. 12,95,17 0308805 05-10941 OWI Subject had been placed under arrest for OWI and refused to sit in a squad car to be transported to JCSO. Officer used control techniques and pressure points to assist the subject into the squad car. 40 030905 05-11229 Trespass Subject refused to leave a private residence at the request of owner and Officers. Officers used control technique to escort the subject from the residence. 33,06 031005 05-11280 Public Intoxication Subject had been plac~d under arrest and resisted handcuffing efforts. Officers used hand control techniques to place handcuffs on the subject. 27 031205 05-1 I749 Injured Deer Officer used sidearm to dispatch an injured deer. 2ff ~i. 031305 05-11852 Fight in Progress Subject had been involved in a physical !' ~7 ~ altercation. Subject then assaulted an · ~ . Officer. Officer directed the subject to ~_~:: c.'.~ the ground to be handcuffed. Subject : '~. resisted handcuffing efforts. Officer then used hand control techniques to place handcuffs on the subject. 13 031405 05-12057 Injured Deer Officer used sidearm to dispatch an injured deer. 48,19,59 031605 05-12420 Burglary/Assault Officers drew sidearms to enter a home and take into custody two subjects that were reported to have forced their way into the residence. Subjects were taken into custody without incident. 19,59 031705 05-12541 Drug Investigation Subject fled from Officers during a drug investigation. Officers directed the subject to the ground. Subject then resisted handcuffing efforts. Officers used hand control techniques to place handcuffs on the subject. 03,05 032105 05-13232 Intoxicated Subject Subject resisted arrest by refusing to place hands behind their back. Officer used hand control techniques to place handcuffs on the subject. Subject then refused to sit in squad car to be transported. Officers used control techniques to assist subject into the car. 26 032505 05-13873 Child Abuse Officer used control technique to Investigation prevent a subject from interfering with a child abuse investigation. 37 032605 05-14043 Injured Deer Officer used sidearm to dispatch an injured deer. 27,03,38 032705 05-14207 Intoxicated Subject Subject was involved in a physical altercation and had assaulted an Officer. Officers used hand control techniques and exposed the subject to a chemical irritant to place them in handcuffs. 46 032705 05-14236 Disorderly House Officer attempted to issue subject a c:~ citation for disorderly house. Subject ~v attempted to flee. Officer directed the {.',~ ?:: subject to the ground. Subject then z: .-- refused handcuffing. Officer used - ~ control techniques and exposed the subject to a chemical irritant to place - handcuffs on the subject. A second _~ ,-. subject attempted to interfere with the ~ '~_:~! arrest. This subject was also exposed ~-, to a chemical irritant and taken into -~ custody 88 032805 05-14407 Intoxicated Subject Subject refused to take a seated position so arresting Officer could assist another Officer that was in a physical altercation with another subject. Officer used control techniques to put subject in a seated position. 20 032805 05-14407 Intoxicated Subject Subject had been placed under arrest for public intoxication. Subject resisted handcuffing efforts. Officers used hand control technique to place handcuffs on the subject. 57 032905 05-14653 Fight in Progress Subject had been in a physical altercation. Upon Officers arrival the subject was swinging a 3 to 4 foot piece of wood trim. Subject refused to comply with Officers instruction to drop the piece of wood. Officer then exposed the subject to a chemical irritant. Subject dropped the piece of wood and was placed in handcuffs. 58 033005 05-14693 Assist other Agency Officer observed a subject that was being pursued on foot by Campus Police. Officer ordered the subject to stop. The subject refused. Officer was able to catch the subject and direct them to the ground where handcuffs were placed on them. 03 033105 05-14864 Theft Investigation Subject fled on foot from Officers during a theft investigation. Officers were able to catch subject and direct them to the ground where they were placed in handcuffs. 37 0333105 05-14909 Theft Investigation Subject refused to comply with Officer requests. Subject became agitated and rapidly reached for his right hip area underneath a coat. Officer drew sidearm and ordered the subject to remove his hand from the area. Subject complied and was searched. Subject was found to be in possession of a small knife. MEMORANDUM TO: Chief Winkelhake FROM: Captain Johnson, Field Operations RE: quarterly/Summary Report (Quarter 1)- IAIR/PCRB, 2005 DATE: Apdl 1, 2005 Attached you will find the 2005 Quarterly Report, quarter 1, for the Iowa City Police Department Internal Affairs/Police Citizen's Review Board investigative file. cc: PCRB Year: 2005 IAIR/PCRB C~ua~erly-Summary Report. (Quarter 1) I.A.I. #:04-05 PCRB #: none Incident Date: 11-24-04 Incident Time: 4:30PM Location: 2800 blk. Commerce Dr. Date Assigned: 12-02-04 Reason for Allegation: 1) Improper exercise of police authority Disposition: 1) Sustained I.A.I. #:05-01 PCRB #: none Incident Date:Il-29-04 Incident Time: n/a Location: Iowa City Date Assigned: 01-04-05 Reason for Allegation: 1) Violate Rules and Regulations 2) Miscellaneous violations Disposition: 1) Investigation closed DEPARTMENT MEMO 05-10 TO: Chief RJ Winkelhake Captain Matt Johnson FROM: Captain Widmer REF: Jan/Feb Use of Force Review DATE: April 6, 2005 The bi-monthly "Use of Force Review Committee met on April 5, 2005. It was composed of Captain Widmer, Sgt. Lord, Sgt. Hart and Investigator Humrichouse. The review of submitted reports for January (30 incidents-40 reports) and February (18 incidents- 26 reports) revealed no policy or training concerns. Of the 48 incidents, 7 were for destruction of an animal. As a matter of clarification, whenever less-lethal projectiles are introduced into a situation, policy dictates that a cover officer is to be used. For purposes of the Use of Force Report, the cover officer needs to be identified and listed on the report filled out by the officer who brings the less-lethal into incident (one report). Several reports were noted this time that indicated an injury either to the officer or the person on which force was used. Whenever any injury is noted, the specific injury must be noted as well as then way that the injury was received. Several reports are being retumed through watch supervisors for corrections and/or examples of errors. Contact me if you have any questions. Copy: City Manager, PCRB, Watch Commanders May 10, 2005 Mtg Packet PCRB COMPLAINT DEADLINES PCRB Complaint #05-01 Filed: 03/30/05 Chief's Report due: 06/28/05 Extension Request: Chief's Report filed: PCRB Report due: PCRB Complaint #05-02 Filed: 05/05/05 Chief's Report due: 08/03/05 Extension Request: Chief's Report filed: PCRB Report due: POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS March 2005 Date Description 3/11/05 Man called interested in picking up PCRB Complaint form as well as Police Department internal complaint form. POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS April 2005 Date Description 4/26/05 Man called requesting he be mailed a PCRB Complaint form. FINAL/APPROVED POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319) 356-5041 TO: City Council Complainant Stephen Atkins, City Manager R. J. Winkelhake, Chief of Police Officer(s) involved in complaint FROM: Police Citizens Review Board RE: Investigation of PCRB Complaint #04-02 DATE: March 8, 2005 This is the Report of the Police Citizens Review Board's (the "Board") review of the investigation of Complaint PCRB #04-02 (the "Complaint"). Board's Responsibility Under the City Code of the City of Iowa City, Section 8-8-7B /2), the Board's job is to review the Police Chief's Report/"Report") of his investigation of a complaint. The City Code requires the Board to apply a "reasonable basis" standard of review to the Report and to "give deference" to the report "because of the Police Chief's professional expertise." Section 8-8-7B (2). While the City Code directs the Board to make "findings of fact", it also requires that the Board recommend that the Police Chief reverse or modify his findings only if these findings are "unsupported by substantial evidence", are "unreasonable, arbitrary or capricious" or are "contrary to a Police Department policy or practice or any Federal, State or Local Law". Sections 8-8-7B (2) a, b, and c. Board's Procedure The Complaint was received at the Office of the City Clerk on July 8, 2004. As required by Section 8-8-5 of the City Code, the Complaint was referred to the Police Chief for Investigation. The Chief's Report was due January 07, 2005 and was filed with the City Clerk January 07, 2005. On February 8, 2005, the Board voted to review the Complaint in accordance with Section 8-8-7 (B) (1) (a), on the record with no additional investigations. PCRB #04-02 Page 1 FINAL~APPROVED The Complaint was filed on July 8, 2004. PCRB received the Chief's Report as filed on January 7, 2005. The Chief's Report was due to PCRB on October 10, 2004, an extension was granted to December 6, 2004, and an additional extension was granted to January 7, 2005. The PCRB report was due February 21,2005, but PCRB held no January meeting (no quorum because one member was out of state, one member had to work, one member had to care for a sick spouse, plus there was an ice storm the evening of January 11, 2005.) Considerations of #04-02 were postponed to the regular February meeting date for PCRB. PCRB requested a 45-day extension from City Council. PCRB met to discuss this Complaint on February 8, 2005, and March 8, 2005. Findinqs of Fact On the July 7, 2004, at approximately 7:00 p.m., Officer A stopped the Complainant for speeding 39 mph in a 25 mph zone; Officer A observed two children in the vehicle who were not restrained as required by law; the Complainant then became upset and began to use loud and abusive language. Officer B then placed the Complainant under arrest, removed her from her vehicle and transported her to jail. The Complainant alleges that Officer B forcefully removed the Complainant from her vehicle by grabbing/snatching the arm, leaving fingerprints. The Complainant also alleges that Officer A failed to inform the Complainant of the charge for arrest. The investigators reviewed the charges, the radio traffic and the written complaint from the Complainant. The investigators also interviewed the Complainant. During the interview the Complainant admitted to speeding, and as Officer A observed, the children in the back seat were not restrained as required by law. The Complainant stated that she was very upset with Officer A and was using loud and profane language. Officer B, who was involved working radar at the site, heard the language. The Complainant stated her belief that the mothers of the children, who were with the children at the time, ought to receive the ticket. Officers A and B explained that the law imposes responsibility for the use of child restraints on a vehicle operator. Officer B recalls telling the Complainant numerous times to get into the vehicle and place the feet inside the vehicle so the door could be closed. Officer B explained the reason to place the feet inside the vehicle and explained why the Complainant could be arrested for interference with Official Acts if the order was not followed. Officer B said the Complainant continued to refuse numerous requests. After writing the citation, Officer A returned to the Complainant's vehicle, and based on the continued refusal to comply, Officer B placed her under arrest for interference with Official Acts. Officer A then asked the Complainant to stand, and placed his hand under PCRB #04-02 Page 2 FINA L/A PPRO VED the elbow to assist and he handcuffed the Complainant before transporting to the County Jail. The Complainant was placed in the squad car driven by Officer A. Both Officers A and B recall informing the Complainant that she was under arrest, but neither officer recalls informing the complainant of the specific charge after the arrest. The Complainant was transported to the County Jail and turned over to the jail staff by Officer A. Officer C heard the traffic stop called in to the Emergency Communications Center, realized that he had stopped the car within the last week and had problems with the driver. Officer C contacted Officer A by radio to inform him of the problem he had encountered when dealing with the Complainant. When Officer A keyed the radio to respond, Officer C could hear the Complainant being loud and abusive in the background. Officer C drove over to the location of the incident. When Officer C arrived at the location of the incident the Complainant was out of the vehicle, standing near the driver's door, yelling and screaming at Officers A and B. Officer C recalled that both Officers A and B were very patient with the Complainant. CONCLUSION: Officer A lawfully stopped the Complainant for speeding (39 in a 25-MPH speed zone). The Complainant was directed into the Hy-Vee parking lot on First Avenue. All the parties interviewed agree that the Complainant was upset and directing loud, abusive language towards the Officers. The witnesses that the Complainant provided did not respond to the investigator's request for interviews. Officer B told the Complainant to get into the vehicle a number of times or be arrested. The Complainant failed to heed the warning and admitted to understanding what Officer B was asking but chose not to comply. ALLEGATION #1 Excessive use of Force - not sustained PCRB finds in the original Complaint two references to Officer B "snatching" and one reference to "grabbing" Complainant by the right forearm during removal from the vehicle to be handcuffed. Two witnesses refused to testify about the incident. Officers A and C do not report observable evidence to support a finding of excessive use of force - at the County Jail the Complainant noticed a possible slight bruising of the right forearm and after release claimed to have photographs of them, but no photogral:Jhs were ever produced as evidence. PCRB #04-02 Page 3 FINAL~APPROVED ALLEGATION #2 Failure to inform - not sustained PCRB finds that there is insufficient evidence to support this allegation. In the original complaint, the Chief's report, and the interview with the complainant there is agreement that the complainant was warned that if she continued her uncooperative behavior she would be arrested. There is agreement that the behavior continued. Both officers recall that she was told she was under arrest but couldn't recall stating the specific charge. The Board finds prior notification was sufficient. COMMENTS: PCRB finds that the ordinary procedures specified in ICPD general orders and standard operating guidelines for use of force and for explanation of reason for arrest were adequately followed during the incident, which occurred July 7, 2004. PCRB encourages the continued training of officers in each of these matters, and counseling of officers to inform a person under arrest of the criminal charges, except when the person to be arrested is actually engaged in the commission of or attempt to commit an offense, or escapes, so that there is no time or opportunity to do so. PCRB #04-02 Page 4 FINA L/A PPR 0 VED POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5041 TO: City Council Complainant Stephen Atkins, City Manager R. J. Winkelhake, Chief of Police Officer(s) involved in complaint FROM: Police Citizens Review Board RE: Investigation of PCRB Complaint #04-03 DATE: March 8, 2005 This is the Report of the Police Citizens Review Board's (the "Board") review of the investigation of Complaint PCRB #04-03 (the "Complaint"). Board's Responsibility Under the City Code of the City of Iowa City, Section 8-8-7B (2), the Board's job is to review the Police Chief's Report ("Report") of his investigation of a complaint. The City Code requires the Board to apply a "reasonable basis" standard of review to the Report and to "give deference" to the Report "because of the Police Chief's professional expertise" (Section 8-8-7B (2). While the City Code directs the Board to make "findings of fact", it also requires that the Board recommend that the Police Chief reverse or modify his findings only if these findings are "unsupported by substantial evidence", are "unreasonable, arbitrary or capricious" or are "contrary to a Police Department policy or practice or any Federal, State or Local Law". Sections 8-8-7B (2) a, b, and c. Board's Procedure The Complaint was received at the Office of the City Clerk, November 8, 2004. As required by Section 8-8-5 of the City Code, the Complaints were referred to the Chief of Police for investigation. The Chief's Report was due on February 7, 2005 and was filed with the City Clerk on February 1,2005. PCRB #04-03 Page 1 FINA L/A PPR 0 VED The Board voted to review the Complaints in accordance with Section 8-8-7B(1)(a), on the record with no additional investigation. The Board met to consider the Report on February 8, 2005 and March 8, 2005. Findinqs of Fact In the fall of 2004, the complainant was stopped for a traffic offense by Officer A of the Iowa City Police Department. Officer A stated the complainant was observed operating a motor vehicle in the 1900 block of Broadway Street and Officer A knew that he did not have a valid license to operate motor vehicles in Iowa. Upon approach to the vehicle, Officer A observed that the complainant had put something into his mouth. Officer A believed this was done in an attempt to conceal an item. When Officer A asked the complainant what was in his mouth, the complainant fled from Officer A. After a foot pursuit of approximately 1-2 blocks, the complainant was apprehended and taken down by Officer A. The complainant stated in his complaint that he had stopped fleeing and surrendered to Officer A prior to being apprehended and taken down to the pavement. After being physically apprehended, the complainant continued to resist the lawful attempts of Officer A to control him. Iowa City Police Department Officer B came to assist Officer A in controlling the complainant. Officer B stated that the complainant was already taken down to the pavement by Officer A prior to his arrival and that the complainant was resisting Officer A. Officer B helped Officer A control the complainant through control techniques applied to the back and back of head areas of the complainant's body. Extensive written training documentation was supplied to the Board as to the control techniques utilized during this apprehension. The complainant, through his written complaint, stated he believed the use of force applied against him during this incident was excessive. He stated he repeatedly told the officers involved that he could not breathe. An Interview Report, supplied to the Board, supported the claim that the complainant expressed his concern of his inability to breathe to the officers. In the interview conducted by the Iowa City Police Department, a witness stated he heard the complainant telling the officers he could not breathe. The complainant believes his inability to breath during the incident was due to the force used by the officers. The complainant also stated he had sustained superficial injuries to his face during the arrest. Although the Officer's identification numbers used in this complaint and report were not on the copies of the Use of Force Reports received by the Board, it is believed by the Board, through reasonable deduction, that the Use of Force Report of Officer B stated that both Officer A and the complainant sustained "superficial" injuries. This is supported PCRB #04-03 Page 2 FINAL~APPROVED on the first page of the report in the fact that under "Suspect Injuries" there is an "x" in the box next to, and to the left of, "Superficial". In the same report under "Officer Injuries", the box next to, and to the left of, "Superficial" also has an "x" in it. The Use of Force Report deduced to be completed by Officer A supports the observations of Officer B by also indicating that both Officer A and the complainant had sustained superficial injuries. This information was indicated on the first page of the Use of Force Report of Officer A by the x'ing of the same boxes for injuries to the suspect and to the officer. On the second page of Officer A's Use of Force Report, the officer states in the written "Circumstances surrounding the use of said force" area of the report that abrasions to one of the complainant elbows and to the right side of his forehead were observed. In an Incident Report, also believed, written by Officer A, it is stated in the narrative of the report that Officer A received "... cuts on my knuckles..." Also on the second page of Officer A's Use of Force Report, included in the "Effects/Results of said use of force" the officer states that "Defendant was arrested with only superficial injuries to the def. and officer." This statement not only documents what injuries occurred during the arrest but also suggests that officer A did not believe these injuries to be inconsistent with the type of incident since the officer referred to the injuries as "only superficial". Conclusion By unanimous vote, the Board set the Level of Review for this complaint at 8-8-7(B)(1)a, believing there to be enough information in the Chief's report, and other attached materials, to allow the Board to come to an informed conclusion. The Board finds that the use of force and all control techniques utilized by Iowa City Police Department Officers A and B, during this apprehension and arrest, to be appropriate and consistent with the training of the Iowa Law Enforcement Academy and the Standard Operating Guidelines of the Iowa City Police Department in regard to use of force and control techniques. The use of force was "reasonable" as perceived by a reasonable officer on the scene rather than 20/20 vision of hindsight as per Section 702.18 of the Code of Iowa and OPS-03.2 of the Iowa City Police Department operational guidelines. The Board concludes that there is nothing, in either the Chief's Report to the Board or the complaint from the complainant, that would lead to the conclusion that force above what was reasonable, given the situation, was utilized by either Officer A or B. The Board concludes the findings of the Chief of P°lice are supported by substantial evidence, are reasonable, not arbitrary or capricious, and are consistent with Police Department policy and practice, and any Federal, State or Local Law. PCRB #04-03 Page 3 FINA L/A PPRO VED Alle.qation # 1: Use of excessive force - not sustained The Board has no cause to suspect or believe that Officer B used excessive force in this apprehension. Allegation #1 against Officer B is not sustained. Comment It was noted by the Board that the two complaints originally made by the complainant were contained in one allegation in the Chief's report. The Board found this condensation of allegations to be consistent with the complainant's original complaint and concerns. PCRB #04-03 Page 4 / 5281 Wapsi Avenue SE Lone Tree, IA 52755-9795 May 3, 2005 Sarah Holecek. Assistant City Attorney" City of Iowa City 410 East Washington Street Iowa City, IA 52240 -.-- " Dear Sarah: I am in receipt of your letter of April 12, 2005. It does not surpdse me that Officer Leik provided a similar story to the one I told you. It is my belief that my car looks sufficiently different to have caused stereotypical suspicion on his part, and that "ddving slowly" was the only acceptable rationale he could find for stopping me and thus that is the reason he recalls. In your Apdl 12 letter, based upon your interview with Officer Leik, you state:: Officer Leik recalls that he stopped your vehicle after obser,~ing it traveling slowly. While I agree that driving slowly is not Itself an illegal act, it can provide reasonable suspicion that criminal activity may be afoot or the driver of the vehicle may need assistance. This suspicion is further augmented by the fact that the stop took place at 10:00 p.m. on a Friday night. Driving 22-23 miles per hour on Kirkwood Avenue/Lower Muscatine should not be reason enough to suspect that 'criminal activity may be afoot.' How are traveling slightly less than the posted speed limit and possible criminal intent linked? What cdminal activity would an officer imagine might occur when a car is going down Kirkwood Avenue/Lower Muscatine at ten o'clock at night with a police car right behind it? I know there are some amazingly dumb criminals out there, but it seems to me that the majority of people intending to commit a cdme would most certainly put an end to that intent knowing they were in full view of law enforcement. I do not accept the argument that ddving 4-5 miles less than the 45 miles per hour speed limit on Highway 6, especially at night, presents an indication that the driver of a car going that rate 'may need assistance.' How does traveling at a rate of reasonable speed create a suspicion on the part of law enforcement that a ddver may need some sort of help? If an officer can make such a link then a driver could be doing absolutely nothing wrong, going exactly the posted speed limit, and still be stopped because she put her hand to her head and the police officer following thought the driver had a headache, or had been bitten by a bat, or was having a stroke, or was in angst over not attending church the previous Sunday and thus was in need of assistance. Do officers in unmarked cars also follow and stop persons 'traveling slowly'? That would be enough to scare a woman (especially if driving alone and at night) into speeding to flee a possible (in her mind) attacker or into actually having an accident or a health crisis. I do not believe that officer intuition or experiencing a hunch are sufficient reasons to stop a moving vehicle that is not in violation of any law. However, if the police can legally stop a vehicle based on any reason concocted in an officer's mind then I hope someday another court of Supreme Beings will reverse itself and cut civilians a break from the long arm of the law. Sincerely, Carol W. deProsse Cc: Matt Johnson, Captain, Field Operations R.J. Winklehake, Chief of Police Iowa City City Council Police Review Board Ben Stone, ICLU DRAFT#1 POLICE CITIZENS REVIEW BOARD GENERAL RESPONSIBILITIES Established in 1997, by ordinance #97-3792, the Iowa City Police Citizens Review Board (PCRB) consists of five members appointed by the City Council. The PCRB has its own legal counsel. The Board was established to assure that investigations into claims of police misconduct are conducted in a manner that is fair, thorough, and accurate, and to assist the Police Chief, the City Manager, and the City Council in evaluating the overall performance of the Police Department by reviewing the Police Department's investigations into complaints. The Board is also required to maintain a central registry of complaints and to provide an annual report setting forth the numbers, types, and disposition of complaints of police misconduct. It may recommend that the City Council hold public forums and/or hearings designed to encourage citizens to provide information, recommendations, and opinions about police policies, procedures, and practices. To achieve these purposes, the Board complies with Chapter 8 of the Iowa City Code and the Board's By-Laws and Standard Operating Procedures and Guidelines. ACTIVITIES AND ACCOMPLISHMENTS FOR FISCAL YEAR 2004 Meetings The PCRB holds monthly meetings on the second Tuesday and special meetings as necessary. During FY05 the Board held 9 (includes May & June) meetings, each lasting up to two hours. Three meetings were cancelled, one was due to lack of a quorum and two due to lack of board business. ICPD Policies/Procedures/Practices Reviewed By PCRB The ICPD regularly provides the Board with monthly Use of Force Reports, Internal Investigation Logs, Demographic Reports and various Training Bulletins. The Department also provided various General Orders for the Board's review and comment. A senior member of the Police Department routinely attends the open portion of the PCRB meetings, and is available for any questions Board members have regarding these reports. Presentations None. Board Members John Stratton's term ended in September and Beth Engel was appointed for a four-year term. Loren Horton was re-appointed to the Board for his second four-year term. Horton was also nominated as Chair for a second year and Greg Roth as Vice Chair in October. COMPLAINTS Number and Type of Allegations Five {includes 05-01 and 05-02) complaints were filed during the fiscal year July 1, 2004 - June 30, 2005. Two public reports were completed during this fiscal period, and one complaint was summarily dismissed. The two completed public reports involved 3 allegations. Allegations Complaint #04-01 Summarily Dismissed PCRB Annual Report FY 2005 - (Draft 05/10/05) -2 Complaint #04-02 0. Excessive use of force. 0. Failure to inform. Complaint #04-03 0. Excessive use of force. Level of Review The Board decided, by simple majority vote, the level of review to give each report, selecting one or more of the six levels specified in the City Code per complaint: Level a On the record with no additional investigation 2 Level b Interview or meet with complainant 0 Level c Interview or meet with named officer 0 Level d Request additional investigation by Chief or 0 City Manager, or request police assistance in the Board's own investigation Level e Board performs its own additional investigation 0 Level f Hire independent investigators 0 Complaint Resolutions The Police Department investigates complaints of misconduct by police officers. The Police Chief summarizes the results of these investigations and indicates in a report (the Chief's Report) to the PCRB whether allegations are sustained or not sustained. (If complaints are made against the Chief, the City Manager conducts the investigation and prepares and submits the reports.) The Board reviews both the citizen's Complaint and the Chief's Report and decides whether the allegations should be sustained or not sustained. The Board prepares a report which is submitted to the City Council. Of the 3 allegations listed in the two complaints for which the Board reported, none were sustained. The Board made comments and/or recommendations for improvement in police policy, procedures, or conduct in two of the reports: Complaint #04-02 PCRB finds that the ordinary procedures specified in ICPD general orders and standard operating guidelines for use of force and for explanation of reason for arrest were adequately followed during the incident, which occurred July 7, 2004. PCRB encourages the continued training of officers in each of these matters, and counseling of officers to inform a person under arrest of the criminal charges, except when the person to be arrested is actually engaged in the commission of or attempt to commit an offense, or escapes, so that there is no time or opportunity to do so. Complaint #04-03 It was noted by the Board that the two complaints originally made by the complainant were contained in one allegation in the Chief's report. The Board found this condensation of allegations to be consistent with the complainant's original complaint and concerns. Name-Clearing Hearings The ordinance requires that the Board not issue a report critical of the conduct of a sworn officer until after a name-clearing hearing has been held. During this fiscal period, the Board did not schedule any name-clearing hearings. PCRB Annual Report FY 2005 - (Draft 05/10/05) - 3 Mediation Officers and complainants are notified by mail that formal mediation is available to them at any stage in the complaint process before the Board adopts its public report. All parties involved must consent to a request for mediation. No mediations were convened this year. Complaint Histories of Officers City ordinance requires that the annual report of the PCRB must not include the names of complainants or officers involved in unsustained complaints and must be in a form that protects the confidentiality of information about all parties. Complaints were filed against two officers in the two complaints this report covers. ICPD Internal Investigations Logs The Board reviewed the quarterly ICPD Internal Investigations Log, provided by the Chief of Police. COMPLAINT DEMOGRAPHICS The following is demographic information from the eight complaints reported on in this fiscal year. This excludes information from the one complaint, which was withdrawn. Because complainants provide this voluntarily, the demographic information is incomplete. Category/Number of Complainants A.qe: National Oriqin: Color: Under 21 0 US 0 White 0 Over 21 0 Unknown 2 Black 0 Unknown 2 Unknown 2 Sexual Orientation: Gender Identity: Sex: Heterosexual 0 Female 0 Female 0 Unknown 2 Unknown 2 Male 0 Unknown 2 Marital Status: Reli.qion: Mental Disability: Single 0 Christian 0 No 0 Unknown 2 Baptist 0 ,ADD 0 Unknown 2 Dyslexia 0 Unknown 2 Physical Disability: Epilepsy 0 No 0 Unknown 2 BOARD MEMBERS Loren Horton, Chair Greg Roth, Vice Chair Roger Williams Candy Barnhill John Stratton/Beth Engel clerk/Annual Report 04-05.doc