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HomeMy WebLinkAbout06-14-2005 Police Citizens Review Board AGENDA POLICE CITIZENS REVIEW BOARD June 14, 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 05/10/05 · ICPD General Order #89-04 (Civil Rights) · ICPD General Order #89-05 (Radio Communications Procedure) · ICPD General Order #00-03 (Less Lethal Impact Munitions) · ICPD General Order #00-07 (Police Cyclist) · ICPD Department Memo #05-19 · ICPD Use of Force Report- April 2005 ITEM NO, 3 OLD BUSINESS · PCRB Draft of Annual Report ITEM NO. 4 NEW BUSINESS 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 · 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 · October 11,2005, 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: June 10, 2005 TO: PCRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on June 14, 2005 Enclosed please find the following documents for your review and comment at the next board meeting: · Agenda 06/14/05 · Minutes of the meeting on 05/10/05 · ICPD General Order #89-04 (Civil Rights) · ICPD General Order #89-05 (Radio Communications Procedure) · ICPD General Order #00-03 (Less Lethal Impact Munitions) · ICPD General Order #00-07 (Police Cyclist) · ICPD Department Memo #05-19 · ICPD Use of Force Report- April 2005 PCRB Complaint Deadlines PCRB Office Contacts - May 2005 Other resources available: National Association for Civilian Oversight of Law Enforcement NACOLE provides information regarding civilian oversight in law enforcement nation wide. For more information see: www. NACOLE.org DRAFT POLICE CITIZENS REVIEW BOARD MINUTES - May 10, 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 and Staff Kellie Tuttle OTHERS PRESENT: Captain Tom Widmer from the ICPD. RECOMMENDATIONS TO COUNCIL (1) Accept PCRB Report on Complaint #05-01 PUBLIC DISCUSSION Captain Widmer arranged for Officer Kevin Berg and Naton to stop by'the meeting. Officer Berg gave a little background where Naton came from, the training they have had, and some of the jobs they've been on the last few months. Widmer commented on how happy the department was with the selection of Officer Berg and how he has transitioned into the position with Naton. Barnhill asked if Naton had his own bullet proof vest. Widmer explained that the department had a larger one that Gallo (a German Shepard) had worn, but since Naton (a Malinois) is smaller, they were going to trade with Linn County who had previously had a Malinois and now have a German Shepard. CONSENT CALENDAR Motion by Barnhill, seconded by Williams, to adopt the consent calendar as 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 Barnhill requested some changes to the draft minutes Horton had a couple of questions of definition for Captain Widmer. The first being "less than lethal" projectiles. Widmer explained they used to use the term non-lethal, but even a pencil could be lethal, so they use the term "less than lethal" for those types of items. Like the bean bag, it's not designed to penetrate but to knock the area, but if it were to hit an eye there would be the possibility that it could penetrate. Horton also asked in the memorandum from Captain Johnson under the ICPD internal complaint 05-01 what "investigation closed" meant under the disposition? Widmer said due to the officer resigning, it terminated the investigation. PCRB - Page 2 DJ~FT May 10, 2005 Barnhill had a question on ICPD General Order 91-05 (Investigative Task Force). Under the policy section, item B, there is a Commander, a Field Operations and Commander, she asked if there was a second Commander. This section give the Investigative Task Force Commander authority to assign a task force if the Field Operations Commander would be out of town/unavailable. Motion carried, 5/0. OLD BUSINESS None. NEW BUSINESS Horton alerted the Board to the draft of the annual report which is due the end of July. He made a change in the draft under Board members, dropping the month when Chair and Vice Chair were nominated. Also on the last page under Complaint Demographics, in the first sentence changed "eight complaints" to "five". The Board will discuss the draft more at the June meeting. The Board then discussed the timeliness of Complaint #05-01. According to the City Code, the complaint must be filed within 90 days of the alleged misconduct or will be subject to summary dismissal by the Board. Motion by Engel, seconded by Barnhill, to summarily dismiss PCRB Complaint #05-01 according to City code section 8-8-3(E) and directing staff to forward the Public Report to Council and the appropriate correspondence to the complainant and Police Chief. Motion carried, 5/0. PUBLIC DISCUSSION No further discussion. BOARD INFORMATION Horton commended the Board on their attendance record. Second, he reminded the Board of the two upcoming vacancies on the Board. Greg's and Roger's terms will be expiring on September 1. He gave a little background of the past members who Greg and Roger had replaced for unexpired terms and how attendance plays a big part. He strongly encouraged them to fill out applications for the next full term. The third item Horton had was to inform the Board of two University of Iowa students, Jennifer Mullins and Sara Conrad that were doing a paper for an Investigative Reporting class about the PCRB. Horton wanted the Board to know that he had no control over the content of the paper. Horton met with them on two occasions and a number of phone calls. Engel added that she had met with one of them also. They were going to try to get their paper printed in the Daily Iowan and the Press Citizen. They looked at Board membership and minority, budget, why the Board didn't receive more complaints, why the number of complaints had dropped in recent years, etc. Horton had requested a copy of the report from the students after they were finished. The last item, Horton stated he had worked with Chief Winkelhake on a very cooperative basis for five years and the Chief is retiring as of July 1st. Horton is going to write a letter to him thanking him for the way he has worked with him on a reasonable and reasoning basis. Horton inquired whether the Board wanted him to write the letter as an individual or on behalf of the Board. The Board agreed that each individual could send a letter on their own behalf if they desired to do so. STAFF INFORMATION None. PCRB - Page 3 DRAFT May 10, 2005 EXECUTIVE SESSION No executive session was needed until the Board has the Chief's report for Complaint #05-02. Horton asked Widmer who would be taking care of the report in light of Chief Winkelhake's retirement and the due date of the report being August 3rd. Widmer speculated that he and Captain Johnson would probably do the review and then the replacement for Chief Winkelhake would be brought up to speed on procedure and the complaint process. MEETING SCHEDULE · 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 Engel will not be able to attend the July 12th meeting. ADJOURNMENT Motion by Roth, seconded by Williams, to adjourn. Motion carried, 5/0. Meeting adjourned at 7:41 p.m. POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5041 PCRB REPORT OF SUMMARY DISMISSAL TO THE CITY COUNCIL PCRB Complaint #05-01, filed March 30, 2005, was summarily dismissed as required by the City Code, Section 8-8-3 D and 8-8-3 E. The complaint was not filed within 90 (ninety) days of the alleged misconduct. DATED: May 11, 2005 PCRBf'rimeliness Report Form:4/13/99 LEG-01.1 CIVIL RIGHTS I Date of Issue General Order Number May 5, 2000 89-04 I Effective Date Section Code May 10, 2000 LEG-01 Reevaluati°nDate IAmends/Cancels Malt 2006 5~05 May 2000 issue IC.A.L.E.A. Reference 1.2.3 INDEX AS: Civil Rights Arrests Use of Force Rights, Civil Warrants Rights, Individual Search and Seizure I. PURPOSE The purpose of this order is to consolidate the policy of the Iowa City Police Department on civil rights as already expressed in current Department rules, directives, and other publications. This order will reaffirm the Department's determination to observe, uphold, and enforce all laws pertaining to the individual rights of each person without regard to age, race, color, creed, religion, sex, national origin, economic status, marital status, disability, sexual orientation or gender identity. II. POLICY It is the policy of the Iowa City Police Department to ensure that the civil rights of the citizens of Iowa City are upheld. Members of the department shall ensure that all constitutional protections are afforded those parties with whom the department is involved. LEG-01.2 III. PROCEDURES INDIVIDUAL RIGHTS A. All persons are guaranteed protection against unlawful arrest and unreasonable search or seizure. (see general order 00-01, Search and Seizure) B. Department personnel shall uphold these rights by: 1. Taking a person into custody only when there is reasonable grounds to believe that: a. An arrest warrant exists for the person, or ~.~ ~. .... b. The person has committed or is committing a violation of the law.-- '-::: . _-J c. The person may be a harm to themselves or others ', ~ .... ~ 2. Entering a private dwelling only when he/she: ?~ ~ a. Has in his/her possession a search warrant authorizing him/her to do SO, or b. Has reason to believe that immediate entry is necessary to protect a person within such private dwelling from death or serious injury, or c. Can otherwise legally justify his/her action. 3. Taking from an individual only such property as he/she is legally authorized to take, and recognizing that he/she is responsible and must account for all such property. C. When making an arrest or searching and seizing property, Department personnel shall use only such force which is reasonable and necessary and in compliance with departmental directives pertaining to the use of force. (see general order 99-05, Use of Force) D. At all times Department personnel shall: 1. Never exhibit any bias or prejudice against any group or individual. 2. Act, speak, and conduct themselves in such a manner as to treat all persons with courtesy and with that respect due to every person as a human being. LEG-01.3 CITIZENS GUARANTEE A. All persons of this country are guaranteed the right to seek redress of grievances by: 1. Freedom of speech 2. Peaceful assembly 3. Peaceful picketing 4. Distribution of handbills providing such distribution is 'not in conflict with the provisions of any City Ordinance. B. The rights set out in paragraph A, above, while fundamental in our democratic society, do not mean that everyone with opinions or beliefs to express may do so at any public place and at any time. The constitutional guarantee of liberty implies the existence of an organized society maintaining public order, without Which liberty itself would be lost in excesses of anarchy. The exercise of these rights of free expression must not: 1. Conflict with the governmental responsibility to keep public streets and public facilities open and available for public use. 2. Include the use of inflammatory remarks related to any instance where a clear and present danger of a riot against any person or group of persons exists. C.. Resources of the Department will be employed to rapidly and decisively enforce statutes and ordinances which provide for the protection of the rights and property of all persons. 1. To the extent possible, Watch Commanders will assure that adequate staffing is available to control and maintain order in every instance where crowds have formed or are expected to form. 2. Police personnel in command at the scene of any assembly must be aware of their responsibility to afford protection to both participants and non-participants, and will deal with illegal acts promptly, decisively, and impartially. ~ _ LEG-01.4 ARRESTED PERSONS A. All persons of this country, in keeping with our democratic processes, are guaranteed certain basic constitutional safeguards. These safeguards will not be denied any person even though he/she has committed, or is suspected of having committed, a criminal act. B. Department personnel will at all times be aware of a prisoner's rights and shall: 1. Permit the prisoner to communicate with his/her attorney and/or a family by making a reasonable number of telephone calls. 2. Expedite all necessary processing so the prisoner will be detained no longer than necessary. 3. Never use force or coercion in seeking admissions of guilt or confessions. 4.. Recognize and respect the prisoner's right to refuse to give evidence against him/herself; however, there is no encroachment upon a prisoner's rights if he/she should voluntarily supply such information. RESPONSIBILITY Each officer shall familiarize him/herself with the laws and Departme'nt d reCtives pertaining to civil rights to insure his/her: ~ .-_~, .-~ A. Recognition of each person's civil rights and B. Compliance with all laws and Department directives relating t~ivil ri~ts. VIOLATIONS Violations of this policy may be the basis of disciplinary action up to and including discharge from the Depadment. Egregious violations of persons' civil rights may result in individual liability and/or criminal sanctions. · J'. Winkelhake, Chief of Police WARNING This directive is for departmental use only and does not apply n any criminal or civil proceeding. The department policy should not be construed as a creation of.a higher legal standard of s~fety or c;are in an evidentiary sense with respect to third,party claims. ViOlations of this directive will only form the basis for departmental admin strat ye.sanctions OPS-01.1 RADIO COMMUNICATIONS PROCEDURE IDate of Issue I General Order Number DECEMBER 20, 1989 89-05 IEffectiveDate SectionCode DECEMBER 27, 1989 OPS-01 IReevaluation Date Amends / Cancels May 2008 5~05 C.A.L.E.A. Reference ,INDEX AS Communications Procedure Radio Use Ten Signals Use of Radios PURPOSE The purpose of this order is to establish a uniform manner of transmitting radio communications for all personnel of the Iowa City Police Department. This order consists of the following numbered sections: I. Mobile Operating Procedures II. General Operating Procedures _ - III. Dispatching Assignments-Broadcasts IV. Dispatcher Responsibilities V. City-Wide Message Broadcasts VI. Effective Date OPS-01.2 I. MOBILE OPEPu~,TING PROCEDURES A. Monitorinq the Frequencies 1. The volume control should never be set so Iow that you cannot hear messages being dispatched. B. Microphone Techniques 1. When speaking into the microphone: Hold it one to two inches from the mouth at a 45 degree angle; talk in a normal to slightly louder than normal voice. 2. Shouting will not help increase the volume at the receiving end, but will only distort the signal. 3. Whispering or talking in a Iow voice will also cause receiving problems. C. Frequency Conduct 1. Our conduct and manners on the radio are the standards by which many people judge the attitude, quality, and efficiency of the Department. 2. Personnel should be careful to remain in control of their temper and remain calm during the most trying situations. A voice with a temper usually receives the same in return. 3. Try not to transfer excitement as this makes conditions worse. Excitement in your voice will only create confusion in others. 4. When asked to repeat (10-9), do not become angry. What you have said has not been understood. Calmly speak slower and repeat the information. OPS-01.3 Il. GENERAL OPERATING PROCEDURES A. Conservin,q Air Time 1. In order to conserve airtime and keep the information open for emergencies, it is necessary to put as much information into as few · words as possible. B. Statinq Your Traffic 1. Stating the nature of your traffic helps the Dispatcher determine the priority of incoming calls. If a special form is needed, the Dispatcher can have it ready when you are given the "GO AHEAD," i.e. "City from 80 Time and Number," or "City from 80, 10-28." C. Transmittin.q Lengthy Messa.qes 1. When you have occasion to transmit a lengthy message, write it down ahead of time and read it as written. Double phrase each group of words. Speak slowly enou.qh for the Dispatcher to copy it If asked to repeat a part, say it as originally given. Do not change the wording. Consideration shOuld also be given to the use of cell phones or data terminals. D. Callin.q the Base Station ~. 1. Always use the full number 80, 81, etc. - 2. Use the following format: . a] "City frOm 80" (1) Calling the base first and then identifying your unit number. 3. The Dispatcher will advise "Go Ahead 80" when they are ready to copy your traffic. E. Callinq Other Mobile Units 1. When calling another mobile unit, first use the officer ID# of the unit you are calling followed by from and then your officer ID#. Advise if on channel other than channel one. a] "81 from 80." 0PS-01.4 F. Phonetic Alphabet 1. The Phonetic Alphabet should be used for spelling out unusual names of persons and locations. The names used after each letter have been found to be the most understandable over the air. They should always be given as: a] "A" - Adam, "B" - Boy...never "A" as in Adam or "B" as for Boy, etc. A Adam · J John S Sam B Boy K King T Tor~? C Chades L Lincoln U Uni(~-ri :~! D David M Mary VVictbr.- ~ ;..~ E Edward N Nora W William F Frank O Ocean X Xray - G George P Paul Y Young_,: H Henry Q Queen Z Zebr~ I Ida R Robert G. Pronouncin,q Numbers 1. Numbers are an important part of your message reading. Their confusion and mis-copying can lead to much trouble, both for the Dispatcher and the others to whom your messages are addressed. Following is the correct pronunciation of numbers: 1 - "WUN". ............................................... with a strong W and N 2 - "TO0". ......................................... with a strong and long OO 3 -"TH-R-EE". .................... with a slightly rolling R and long EE 4 - "FO-WER". .............. with a long O and strong W and final R 5 - "FIE-YIV". ......... with a long I changing to short and strong Y and V 6 -"SIKS". ............. with a strong S and KS - SEV-VEN .... w~th a strong S and V and well-sounded VEN 8 - "ATE". ............................................ with a long A and short T 9 - "NI-YEN". .... with a strong N at the beginning, a long I and a well-sounded YEN 0 - "ZERO". ................................ with a strong Z and a short RO 0PS-0!.5 H. Standard Vehicle Descriptions 1. Remember the word "CYMBALS" when describing motor vehicles. Start at the top and move down according to the following: a] Standard Description of Cars (1) Give top to bottom C. COLOR Y. YEAR M. MAKE B. BODY TYPE AND MODEL (2-door, 4-door, hatchback, etc.) A. AND L. LICENSE S. SERIAL I. Standard DesCription of Persons 1. Tell the most obvious thing first and least obvious last. ~When broadcasting person descriptions you are making an a¥1~em,pt. ~ ,-- t0_ pa nt an image. Use the following as a guide: -: a] Standard Description of Person (1) ' Don't give a DOB. Pick specific age. (2) Pick a specific number for height. ~' -- (3) Pick a specific number for weight. J. Ten Siqnals 1. The purpose of TEN SIGNALS is two-fold: To achieve reliability and speed. a] Reliability (1) Reliability is achieved by the TEN (10-) portion of the signal wherein the "10-" is a euphonic "alert" attesting to the fact the information is about to follow. OPS-01.6 b] Speed (1) Speed is achieved because the "signal" portion (the number following the 10-) is the cbndensation of several words allowing "brevity." Speed is also achieved due to the fact that words, because of inflection, are not easily understood through noise that might be present. 2. The following is a list of TEN SIGNALS acceptable for use: 10-0 Caution 10-1 Unable to copy 10-2 Signal good 10-3 Stop transmitting 10-4 Acknowledgement(ok) 10-5 Relay 10-6 Busy-Stand by unless urgent 10-7 Out of service (give location and/or telephone number) 10-8 In service 10-9 Repeat 10-10 Fight in progress 10-11 Dog case 10-12 Stand by (stop) 10-13 Weather and road report 10-14 Report of prowler 10-15 Civil disturbance 10-16 Domestic trouble 10-17 Meet complainant 10-18 Complete assignment quickly 10-19 Return to 10~20 Location 10-21 Call by telephone 10-22 Disregard 10-23 Arrived at scene 10-24 Assignment completed 10-25 Report in person 10-26 Detaining subject, expedite 10-27 Driver's license information 10-28 Vehicle registration information 10-29 Check records for wanted 10-30 Unnecessary use of radio 10-31 Crime in progress 10-32 Man with a gun 10-33 EMERGENCY 10-34 Riot 10-35 Major crime alert 10-36 Correct time 10-37 Investigate suspicious vehicle OPS-01,7 10-38 Stopping suspicious vehicle (give station complete description before stopping) 10-39 Urgent - Use light and siren 10-40 Silent run - No light or siren 10-41 Beginning tour of duty 10-42 Ending tour of duty 10-43 Information 10-44 Request permission to leave patrol for 10-45 Animal carcass at 10-46 Assist motorist 10-47 Emergency road repairs needed 10-48 Traffic standard needs repairs 10-49 Traffic light out at 10-50 Accident, F, PI, PD 10-51 Wrecker needed 10-52 Ambulance needed 10-53 Road Blocked at 10-54 Livestock on highway 10-55 Intoxicated driver 10-56 Intoxicated pedestrian 10-57 Hit and run - F, PI, PD 10-58 Direct traffic - - . ~.~ 10-59 Convoy or escort 10-60 Squad in vicinity . 10-61 Personnel in area 10-62 Reply to message 10-63 Prepare to make written copy 10-64 Message for local delivery 10-65 Net message assignment 10-66 Message cancellation 10-67 Clear to read net message 10-68 Dispatch information 10-69 Message received 10-70 Fire alarm 10-71 Advise nature of fire (size, type and contents of building) 10-72 Report progress on fire 10-73 Smoke repod 10-74 Negative 10-75 In contact with 10-76 Enroute 10-77 ETA (Estimate Time of Arrival) 10-78 Need assistance 10-79 Notify coroner 10-80 Chase in progress 10-81 Breathilyzer report 10-82 Reserve lodging 10-83 Work school xing at 10-84 Are you going to meet if so, advise ETA 10-85 Will be late 0PS-01.8 10-86 Officer/operator on duty 10-87 Pick up checks for distribution 10-88 Advise telephone No. to contact 10-89 Bomb threat 10-90 Bank alarm 10-91 Pick up prisoner/subject 10-92 Improperly parked vehicle 10-93 Blockade 10-94 Drag Racing 10-95 Prisoner/subject in custody J1 - Personnel J2 - Property J3 - Male Prisoner J4 - Papers -~ -'~ J5 - Female prisoner Mileage 10-96 Mentalsubject . _ 10-97 Check (test) signal ~, : ~ 10-98 Prison or jail break ' ' 10-99 Records indicate wanted or stolen 10-100 10-101 Alarm 10-102 Any traffic for me 10-103 No traffic for you 10-104 10-105 Gas 10-106 Caution - subject nearby 10-200 Drug related 3. The following is a list of codes that are acceptable for use: Code 1 Radio check Code 2 Silent run (expedite, no siren) Code 3 Hot run (lights & siren) Code 4 No further assistance needed Code 7 Dinner break Code 9 Officer needs help (emergency) K. Requesting 10-27's, 10-28's, and 10-29's 1. Always try to give the information in the same sequence each time. This will help you remember what information is necessary and at the same time will help the Dispatcher to anticipate what you will say next. This will speed up responses and save air time by avoiding repeats. a] Request for Driver's License (10-27) OPS-01.9 (1) By Name: Give the name (Last, First, Middle Initial) first, followed by the sex, race, and DOB (Date of Birth - year, month, day) which should be given in the same order that Dispatch enters the information in the computer inquiry, i.e., 1955-08-26. (2) By Number: Advise the Dispatcher that you are requesting a "10-27 by Number or File Number." When reading the Driver's License number, break the number into groups of three. b] Vehicle Licenses and/or Vehicle Identification Number (10-28) (1) Vehicle License: Request information by stating "10- 28," after the Dispatcher has given the go-ahead, then give the license plate number. It is only necessary to give the License year if it is other than the current year, and it is only necessary to give the State if it is other than Iowa. (2) Vehicle Identification Number: Request information by stating "10-28 VIN." When reading the numbers, break where practical into groups of three digits. c] Stolen/Wanted (10-29) Information: When requesting a Stolen/Wanted check (10-29), specify.in the call-up if the request is for other than a license check (i.e. if for name say "10-29 Name," if for article say "10-29 Article"). d] Read only one 10-27, 10-28, 10-29 at a time. ~yVait f~r~ the Dispatcher to give the "go-ahead" before giving ~y~add~bna information. -:~' :" :: · L. Reading Names a Numbers 1. The name should be spoken clearly, then spell the I~'~:~'am~and the middle initial phonetically. If the first name might ~ inter~ted wrong, spell it phonetically also. The time required for spelling ensures accuracy and reduces repeat requests. 2. When reading numbers, where practical, break into groups of three digits. When reading Driver's license or Social Security numbers, break where the hyphens appear. Pause slightly be~een each section of the DOB (month, day, and year). 3. Vehicle license numbers should be read without breaks unless they exceed four digits. If there are leEers, pause be~een the letters and numbers. VIN's should be broken into the appropriate three digit groups. OPS-01,10 III. DISPATCHING ASSIGNMENTS/BROADCASTS A. Transmissions shall be broadcast slowly enough to allow copying, but not prolonged so as to occupy the air unnecessarily. 1. Radio transmissions shall be answered promptly. When the base or mobile unit is not prepared to accept traffic, the calling unit shall be requested to "stand by" (10-12). Excuses for not answering such as "out on a traffic stop," or "busy" shall not be stated on the radio. 2. Expressions such as "roger, will do, out, come in, go, clear, etc." shall not be used. 3. Base Dispatchers and mobile unit operators alike, when not acknow- ledged on the first call, shall place their calls for that unit at intervals and not continuously. 4. If an assignment requires copying, the Dispatcher shall say "prepare to copy," where the duration of the message is more than ordinary length of dispatch information. If normal copying cannot be accomplished, the mobile or base operator shall advise "stand by" (10-12) until he can copy. 5. When a field unit is called by the dispatcher, the field.unit Will give their number and location. '::--ii 6. The dispatcher may initiate a radio or status check. A status~check~::! may be directed to a single unit or all units..: ~ a] "80 from City status check," the response that ~Uld [~ow "City from 80 Code 4, 10-8 or etc." .~. B. The following procedure for assigning incidents to mobile units is designed to insure the Field Officer ample opportunity to record all the necessary information and to eliminate the time-consuming process of repeating the incident. 1. Think before opening the transmitter. Form your thoughts so as to make your broadcast as BRIEF AND TO THE POINT AR POSSIBLE. 2. When assigning an incident to a mobile unit, the Communications Dispatcher will call the proper unit and wait for a response. a] By first calling the unit and waiting for a response. This shall alert the Field Unit to prepare to copy. Example: Unit 80 from City. bi It shall be the responsibility of the Field Officer to record all information to carry out his assignment. 0PS-01.11 c] In case the Field Officer is not fully clear on all or any part of the transmission, he shall request clarification at the time the incident is given out and not wait until he has arrived at the scene of the incident. 3. To further insure the Field Officer the opportunity to record all the pertinent information, the Communications Dispatcher shall always, first give information, that is 10-50, burglar alarm, juvenile complaint, and second the location, repeating the address and then any particulars that are related to the assignment. C. When a Field Officer is calling the Communications. Center, use the following format: 1. Call-up Iowa City followed by your full car number :~! ,- ...... a] i.e. "City from 80." IV. DISPATCHER RESPONSIBILITIES :~.-_ ' A. The Dispatcher will grant any reasonable request from a mobi[~bnit. WILL NOT: 1 Make decisions for the Field Units. These should be made through the Field Supervisor or the Watch Commander. 2. Act as a secretary to make routine telephone calls. The Field Officer has all the information; therefore, the officer is in a better position to make the call. 3. Obtain information or make notifications which are not of an urgent nature. V. CITY-WIDE MESSAGE BROADCASTS A. The following procedures should be used when broadcasting City-wide messages for stolen autos, in progress calls, and any other information that the Field Officer should be made aware of: 1. The Dispatcher will alert the Field Officer by stating, "All City units prepare to (copy nature of broadcast). 2. Pause thirty (30) seconds to allow the Field Officers to prepare to copy the broadcast information. 3. Repeat "All City units prepare to (copy nature of broadcast) and broadcast the message. OPS-01.12 4. After the transmission of the message, units should indicate the message has been received. In the event an officer did not receive any or all of the message, he should call the dispatch center by phone. R.J. WI~IKELHAKE CHIEF OF POLICE OPS-15.1 LESS LETHAL IMPACT MUNITIONS Date of Issue I General Order Number MAY 12, 2000 I 00-03 Effective Date I Section Code MAY 19, 2000 I OPS-15 Reevaluation Date I Amends / Cancels MAY 2006 05/05 I C.A.L.E.A. I Reference 1.3.4 INDEX AS: Use of Force Use of Force Matrix Less Lethal I. PURPOSE The purpose of this order is to identify the conditions under which officers anO use less lethal impact munitions. II. POLICY The Iowa City Police Department places the highest of value on human life. The department is authorized and trained in the use and deployment of less lethal munitions. Less lethal munitions is a concept of planning and force application, which meets operational objectives, with less potential for causing death or serious physical injury than conventional police tactics/equipment. OPS-15.2 II1.DEFINITIONS A. Iowa Code, Chapter 704.2 defines less lethal munitions as: "projectiles which are designed to stun, temporarily incapacitate, or cause temporary discomfort to a person without penetrating the person's body." B. Kinetic Energy Impact Projectiles - Flexible or non-flexible projectiles (E.g. "beanbags"), which are intended to incapacitate a subject with minimal potential for causing death or serious physical injury, when compared to "conventional" rounds. IV. PROCEDURES FOR USE Less Lethal Extended Range Impact Weapons EVALUATION OF LESS LETHAL PROJECTILES FOR USF -- Kinetic energy impact projectiles will be evaluated for use on the foll(~wing A.Accuracy ~_o 1. This is the primary consideration, since proper shot placement greatly assists in controlling the other two evaluation criteria. 2. This will be evaluated based on the anticipated ranges of deployment. 3. The minimal standard of accuracy of such a round is: a. 12 - inch group at 15 yards for the 12-gauge system. The group shall consist of 3 rounds. B. Effectiveness 1. This is the potential for the round to cause incapacitation and reduce the subject's ability to continue their inappropriate behavior. 2. The level of energy necessary to cause incapacitation creates the potential for injury, but when properly deployed, use should result in a Iow probability for causing serious physical injury or death. C. Potential for causing death or serious physical injury 1. The potential for causing death or serious physical injury with such projectiles is a reality. This potential is greatly reduced when impacts to the head, neck and chest are avoided, and when appropriate medical examination is provided in cases where the subject is struck in an area that might conceal a closed injury. (including such areas as the chest, back, thoracic and abdominal cavities and groin) 2. When engaging a subject, the officer shall evaluate the effectiveness of each round after each shot. Compliance and/or incapacitation are the desired goal, and alternative target areas/response should be considered when rounds are not effective. Alternative target area/response considerations will be based on the circumstances the officer is encountering. 0PS-15.3 TARGET AREAS A. Less Lethal projectiles shall be delivered to suspect target areas based on the circumstances of the situation and the level of force authorized. The deployment of less lethal projectiles shall be in conformance with departmental training guidelines pertaining to recommended target areas. B. Head/Neck and Chest - Intentional impacts to these areas should be avoided unless the use of deadly force is justified necessary and appropriate. USE OF FORCE CONTINUUM The Iowa City Police Department recognizes five levels of force. The use of less lethal impact projectiles are considered a level IV response (subject is assaultive), when deployed to areas of the subject's body that are considered unlikely to cause serious physical injury. In addition, less lethal projectiles may be used when a person is threatening death or serious injury to themselves. The use of these projectiles is recognized as a level V, Deadly Force, if intentionally deployed or directed at the head or neck. When assessing the appropriate use of force level, prior to the transition to less lethal projectiles, the officer shall consider in addition to other factors: A. The level of force being confronted. : B. The proximity/access of the subject to the officer or others .... DEPLOYMENT TECHNIQUES Weapons used for the deployment of less lethal munitions shall be~dicat~, to that purpose. These weapons shall be clearly marked. The use of otherr-than less lethal rounds in these weapons is prohibited unless necessary to' protect the life of the public or officer. When deploying less lethal munitions, the following procedures should be adhered to: A. Less lethal munitions should not be used at a distance of less than 15 ft (5 yards) from the target. With this in mind, the greater the distance, the less the accuracy. B. When practical, other officers involved in an incident in which less lethal munitions are deployed should be advised of the deployment prior to the discharge of the weapon. 0PS-15.4 C. During the deployment of less lethal munitions, the officer in charge of the incident should constantly evaluate the option selected against changing circumstances. D. When practical, multiple tactics should be used to overwhelm the suspect. I.e. less lethal may be used in conjunction with a distraction device or chemical agent. E. A weapon loaded with less lethal munitions shall be treated with the same care and caution as weapons loaded with "lethal" munitions. F. Less lethal projectiles should not be employed without a cover officer with lethal munitions being assigned as an escort. If it is believed the subject is carrying a firearm, less lethal shall not be deployed without the use of a cover officer with lethal munitions. Officers shall only deploy those less lethal munitions which are provided by the department. The deployment of less lethal munitions shall only be performed by those officers trained and showing proficiency in their deployment. HANDLING OF INJURED SUBJECTS Suspects who are struck by less lethal projectiles shall be secured and transported to a medical facility for examination and treatment. If a projectile strikes a bystander, medical personnel shall be summ5ned t(~ the scene, and the subject shall be encouraged to seek examination at a medical facility. REPORTING AND INVESTIGATION '~ Officers shall complete a departmental Use of Force Report, in ad'on to ~ny other applicable reporting requirements, after deploying less lethal projectiles. This includes those situations where the weapon is removed from the vehicle and not discharged. An investigation shall be conducted into any situation involving the firing of a less lethal projectile at a suspect. The investigation shall comply with departmental reporting directives contained in General Order 99-05, Use of Force. TRAINING Officers shall be provided training in the use and deployment of the departmental less lethal munitions prior to being allowed to deploy the weapons. On an annual basis, officers will receive refresher training in the use and deployment of less lethal munitions. ePS-15.5 R.~Vinkelhake,~'Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil ~roceeding. 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 wil only form the basis for departmental administrative sanctions. OPS-16.1 POLICE CYCLIST Date of Issue General Order Number SEPTEMBER 25, 2000 00-07 Effective Date I Section Code SEPTEMBER 25, 2000 I OPS-16 Reevaluation Date Amends / Cancels June 2007 6/05 C.A.L.E.A. 41.1.4 IReference I INDEX AS: ' Special Purpose Vehicles Vehicle Operations Police Cyclist Communications - Body Armor :~': ~ .. I, PURPOSE The purpose of this policy to direct bicycle patrol operations. The Iowa City Police Department recognizes that bicycle (bike) patrol facilitates communications between officers and the public. Bike patrol also provides added mobility over automobiles in areas that are not accessible by motorized vehicles or traditionally are not patrolled. II. POLICY The Iowa City Police Department recognizes the need for specially equipped bicycles operated by trained cyclists. Iowa City Police Cyclists are expected to abide by state code and city ordinances pertaining to bicycles and "roadway" usage. OPS-16.2 DEFINITIONS Iowa Code section 321.231 states as follows: Authorized emergency vehicles and police bicycles. A. The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected perpetrator of a felony or in response to an incident dangerous to the public or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section. B. The driver of any authorized emergency vehicle, may: 1. Park or stand an authorized emergency vehicle, irrespective of the provisions of this chapter. 2. Disregard laws or regulations governing direction of movement for the minimum distance necessary before an alternative route that conforms to the traffic laws and regulations is available. C. The driver of a fire department vehicle, police vehicle, or ambulance, or a peace officer riding a police bicyCle in the line of duty may do any of the following: 1. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation. 2. Exceed the maximum speed limits so long as the driver does not endanger life or property. D. The exemptions granted to an authorized emergency vehicle under subsection 2 and for a fire department vehicle, police vehicle, or ambulance as provided in subsection 3 shall apply only when such vehicle is making use of an audible signaling device meeting the requirements of section 321.433 or a visual signaling device, except that use of an audible or visual signaling device shall not be required when exercising the exemption granted under subsection 3, paragraph "b" of this section when the vehicle is operated by a peace officer, pursuing a suspected violator of the speed restrictions imposed by or pursuant to this chapter, for the purpose of determining the speed of travel of such suspected violator. E. The foregoing provisions shall not relieve the driver of an authorized emergency vehicle or the rider of a police bicycle from the duty to drive or ride with due regard for the safety of all persons, nor shall such provisions protect the driver or rider from the consequences of the driver's or rider's reckless disregard for the safety of others. OPS-16.3 III. PROCEDURES Officers selected as police cyclists are required to successfully complete a course of instruction as prescribed by the International Police Mountain Bike Association (IPMBA). A four-year commitment is required of officers who are Selected as bike officers. (This does not preclude officers from being promoted, requesting transfer to another division or otherwise being reassigned to positions where they would no longer serve as a bike officer.) A. Mandatory Equipment - Police Cyclists shall wear protective helmets as certified by ANSI or Snell Foundations, and as prescribed by OSHA regulations. Police Cyclists shall also protect their eyes with glasses and/or shields that guard against dust, exhaust, sunlight, and other hazardous materials. Eyewear shall be worn whenever officers engage in bicycle patrol. Eyewear shall be approved by the Commanding Officer Field Operations. B. Assignment - Police Cyclists shall be under the command of the on-duty watch commander unless otherwise specified. 1. The watch commander may assign police cyclists to duties at his/her discretion, taking into account staffing, location, time, and weather conditions. 2. Police Cyclists may be assigned to specific duties, or they may be assigned in a "routine" mode. Police cyclists are expected to interact with the public as part of their assignment. C. The cyclist shall perform an inspection of their bicycle prior to their beginning a tour of duty. Any malfunction or equipment maintenance that is needed shall be reported to the Commander of Administrative Services. No police cyclist shall attempt any repair that is beyond his or her training or level of experience. The police cyclist shall report any damage or maintenance needs to the Commander of Administrative SerVices. D. To the extent applicable, police cyclists are governed by departmental policies pertaining to vehicle operations. In addition: 1. Police cyclists shall obey applicable state statutes and c'.d..y_:, ordina.nces pertaining to vehicle operations and bicycles. ~-~ ~: unl ~-: r-; ~.. 2. Officers shall not ride their bikes on prohibited areas ess-responding in an emergency, or unless receiving prior approval from,;~he Supervisor. ~ .... _ E. Communications procedures - ~.~ 1. Prior to the beginning of a tour of duty, the communications~ection_t'shall be advised of which officer(s) are on bike. a) When dispatChing a call to a bike officer, the Emergency Communications Operator (ECO) shall insert the letter B prior to the officer's number. I.e. B-2, 10-25 .... b) When a bike officer contacts the ECO, he/she shall insert the letter B prior to their number. I.e. City B-2, traffic... 0PS-16,4 F. Body Armor - At their discretion, bike officers may elect not to wear their body armor. If the officer elects not to wear his/her body armor, he/she is not required to carry their armor with them. G~ Equipment - Police bicycles shall be equipped with a battery operated headlight and taillight system and a pack in which to carry equipment and supplies. In addition the cyclist shall be supplied with: 1. first aid pouch 2, required report forms or data collection materials 3. traffic and parking citations 4. other equipment as determined by the Commander of Field Operations. R. ~J. ~¢rd~hake, Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil Violations of this directive will only form the basis for ons. IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT April 2005 OFFICER DATE INC # INCIDENT FORCE USED 29 .'7{ 040205 05-15408 Intoxicated subject Subject was placed under arrest for -~- - '~: - public intoxication and refused to stand ' up to walk to a squad car. Officers assisted the subject up and walked them ~ _:i to a squad car. At the squad car the subject used their legs to push away from the squad car. Officers placed leg restraints on the subject. No further problems were noted. 12 040305 05-15529 Domestic Subject resisted handcuffing efforts. Officers used a control technique to place the subject's hand behind their back for handcuffing. Subject then resisted a search of his person incident to the arrest. Officers used a control technique to complete the search. 58 040305 05-15536 Suspicious Activity Officer took a subject into custody suspected of being involved in a robbery and a shots fired incident. Subject resisted handcuffing efforts. Officer used a hand control technique to place handcuffs on the subject. 38 040505 05-15904 Trespass Subject attempted to leave the scene of an investigation after being told several times by Offices not to. Upon taking this person into custody they attempted to flee from and assault the Officer. Officer then directed the subject onto a bench where control techniques were used to place the subject in handcuffs. 46 040705 05-16297 Traffic Stop Subject was being taken into custody and resisted handcuffing efforts. Officers used control techniques to place handcuffs on the subject. Subject then attempted to nm from Officers. Subject was caught and directed to the ground where they continued to resist. Officers exposed subject to chemical irritant to gain compliance. 85 041405 05-17669 Welfare check Subject was being taken into custody after threatening to harm themselfi Subject became resistive. Officers used control techniques to place handcuffs on the subject. 27 041705 05-18319 Welfare check Officers were assisting JCAS transporting a subject to the hospital for a psychological evaluation. Subject began resisting and attempted to assault emergency personnel. Officer exposed the subject to a chemical in-itant and used control techniques to place handcuffs and leg restraints on the subject. 19,52 041705 05-18332 Armed subject Officers drew their sidearms to take a subject into custody who was armed with a rifle. Subject was taken into custody without incident. 59 041905 05-18785 Animal call Officer used sidearm to dispatch a sick raccoon. 60,20 042005 05-18893 Assist other agency Subject resisted handcuffing efforts and attempted to assault Officers after being told that they were under arrest. Officers directed the subject to the ground and exposed the subject to a chemical irritant. Officers then used control techniques to place handcuffs on subject. 31,18 042205 05-19336 Intoxicated subject Subject was placed under arrest and resisted handcuffing efforts. Officers exposed the subject to a chemical irritant and used control techniques to place handcuffs on the subject. 19 042205 05-19411 Child abduction Officer drew sidearm and gave verbal instructions to a subject that was wanted for kidnapping. The subject was taken into custody without incident. 7 17,31 042405 05-19683 Disorderly house Subject resisted arrest and handcuffing efforts. Officer directed the subject to the ground and placed handcuffs on them. 36 042405 05-19683 Disorderly house Subject was placed under arrest and resisted handcuffing efforts. Officers exposed subject to a chemical irritant to effect the arrest. 12,29,31 042605 05-20015 Fight Subject attempted to run from Officers. Subject was caught and directed to the ground where they resisted handcuffing efforts. Officers used control techniques to place handcuffs on the subject. 38 042805 05-20397 Intoxicated subject Subject had been placed under arrest and seated in a squad car. Officer ordered the subject out of the car when they began spitting in the interior of the vehicle. Subject refused to exit. Officer attempted to use a control technique to assist the subject out of the vehicle. The subject was exposed to a chemical irritant when they assaulted the Officer. 51 042805 05-20409 Suspicious activity Subject ran from Officers investigating suspicious activity. Subject was caught when they fell to the ground. Officers used control techniques to place handcuffs on the subject. 25 043005 05-20974 Intoxicated subject Subject had been placed under arrest and taken to JCSO. At JCSO the subject resisted a search of their person. Officers used control techniques to subdue the subject so that a search could be done. DEPARTMENT MEMO 05-19 TO: Chief RJ Winkelhake Captain Matt Johnson FROM: Captain Widmer ~:~; .~- REF: March/April Use of Force Review DATE: May 23, 2005 The bi-monthly "Use of Force Review Committee met on April 23, 2005. It was composed of Captain Widmer, Sgt. Lord, Sgt. Hart and Officer Singelman. The review of submitted reports for March (24 incidents-36 reports) and April (18 incidents- 24 reports) revealed no policy or training concerns. Of the 42 incidents, 5 were for destruction of an animal. Again this review we noted reports which indicated an injury (checked on the front) but provided no indication on what that injury was. Whenever any injury is noted, the specific injury must be noted as well as the way the injury was received. Also, several reports indicate that two or more officers were involved in the use of force incident, however, only one report was completed. Supervisors should watch for this more closely when checking the use of force reports and take corrective action. All officers are aware of the fact they need to fill out a report when participating in the use of force. Several reports are being returned through watch supervisors for corrections and/or completion. Contact me if you have any questions. Copy: City Manager, PCP_B, Watch Commanders June 14, 2005MtgPacket PCRB COMPLAINT DEADLINES 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 May 2005 Date Description 5-17-05 Man requested a complaint form mailed POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5041 PCRB REPORT OF SUMMARY DISMISSAL TO THE CITY COUNCIL Re: Investigation of Complaint PCRB #05-01 PCRB Complaint #05-01, filed March 30, 2005, was summarily dismissed as required by the City Code, Section 8-8-3 D and 8-8-3 E. The complaint was not filed within 90 (ninety) days of the alleged misconduct. DATED: May 11,2005 PCRB/Timeliness Report FormA/13/99