HomeMy WebLinkAbout08-16-2005 Police Citizens Review Board AGENDA
POLICE CITIZENS REVIEW BOARD
August '16, 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 06/14/05
ICPD General Order 00-01 (Search and Seizure)
· ICPD General Order 00-02 (Harassment and Sexual Harassment)
· ICPD Use of Force Report- June 2005
ITEM NO. 3 OLD BUSINESS
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 · September 13, 2005, 7:00 P.M., Lobby Conference Room
· October 11, 2005, 7:00 P.M., Lobby Conference Room
· November 8, 2005, 7:00 P.M., Lobby Conference Room
· December 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: August 12, 2005
TO: PCRB Members
FROM: Kellie Tuttle
RE: Board Packet for meeting on August 16, 2005
Enclosed please find the following documents for your review and comment at the next board
meeting:
· Agenda 08/16/05
· Minutes of the meeting on 06/14/05
· ICPD General Order 00-01 (Search and Seizure)
· ICPD General Order 00-02 (Harassment and Sexual Harassment)
· ICPD Use of Force Report- June 2005
· Memorandum from PCRB Chair, Horton
· PCRB Complaint Deadlines
· PCRB Office Contacts- June 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.orq
DRAFT
POLICE CITIZENS REVIEW BOARD
MINUTES - June '14, 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, and Greg Roth
MEMBERS ABSENT: Roger Williams
STAFF PRESENT: Legal Counsel Catherine Pugh (7:05p.m.) and Staff Kellie Tuttle
OTHERS PRESENT: Captain Tom Widmer from the ICPD and John Haman from the Daily Iowan.
RECOMMENDATIONS TO COUNCIL None.
CONSENT
CALENDAR Motion by Engel, seconded by Roth, to adopt the consent calendar as 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
Motion carried, 4/0, Williams absent.
OLD BUSINESS The Board discussed minor changes to the draft of the annual report.
Motion by Roth, seconded by Engel to adopt the annual report as amended. Motion
carried, 4/0, Williams absent.
NEW BUSINESS The two year Council review is coming up. The next two Council meetings are July 5th
and July 21st. Horton can not attend and requested Roth to attend. Roth indicated he
would be available for the meeting on July 5th.
Horton reminded the Board of the two vacancies coming up on September 1st and that
applications need to be turned in by July 13th.
PUBLIC
DISCUSSION None.
BOARD
INFORMATION Barnhill asked Captain Widmer if there should be a Policy Statement on General Order
#89-05. Widmer thought that it was just an oversight because it was an older General
Order and would check into it.
STAFF
INFORMATION None.
EXECUTIVE
SESSION Not needed.
PCRB - Page 2 DR.4FT
June 14, 2005
MEETING SCHEDULE
· July 12, 2005, 7:00 p.m., Lobby Conference Room (Meeting Cancelled)
· August 9, 2005, 7:00 p.m., Lobby Conference Room (Moved to August 16th)
· September 13, 2005, 7:00 p.m., Lobby Conference Room
· October 11,2005, 7:00 p.m., Lobby Conference Room
Horton commented that there will be no old business because the annual report had
been adopted and the Chief's report is not due until August 3rd, leaving nothing on the
agenda for July 12th.
Motion by Roth, seconded by Engel, to cancel the July 12th meeting due to a lack of
business. Motion carried, 4/0, Williams absent.
Horton and Barnhill will not be able to make the August 9th meeting. It is unsure whether
Williams will be able to attend. Tuttle will also be out of town on the 9~h. The Board
agreed to move the meeting to the 16t'. Horton and Engel will be out of town. If
Williams is unavailable the meeting will be cancelled. The meeting packet will be mailed
as usual and the Chief's report is expected to be filed by then unless otherwise notified.
If the August meeting is cancelled, a draft report on Complaint #05-02 will be prepared
for the Board to review at the September meeting.
Motion by Barnhill, seconded by Roth, to move the August 9th meeting to August 16th
due to quorum issues on the 9th. Motion carried, 4/0, Williams absent.
ADJOURNMENT Motion by Engel, seconded by Barnhill, to adjourn. Motion carried, 4/0, Williams absent.
Meeting adjourned at 7:28 p.m.
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 2005
Meetings
The PCRB holds monthly meetings on the second Tuesday and special meetings as necessary.
During FY05 the Board held 9 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 with Greg Roth as Vice Chair.
COMPLAINTS
Number and Type of Allegations
Five complaints were filed during the fiscal year July 1, 2004 - June 30, 2005. Two public reports
were completed during this fiscal period, and two complaints were summarily dismissed. The two
completed public reports involved 3 allegations.
Allegations
Complaint #04-01
Summarily Dismissed
PCRB Annual Report FY 2005 - (Approved 06/14/05) - 2
Complaint #04-02
1. Excessive use of force.
2. Failure to inform.
Complaint #04-03
1. Excessive use of force.
Complaint #05-01
Summarily Dismissed
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 - (Approved 06114105) - 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 five complaints that were filed in this fiscal year.
Because complainants provide this voluntarily, the demographic information is incomplete.
Category/Number of Complainants
ARe: National Oriqin: Color:
Over 21 3 US 3 White 2
Unknown 2 Unknown 2 Unknown 3
Sexual Orientation: Gender Identity: Sex:
Heterosexual 2 Male 3 Male 3
Unknown 3 Unknown 2 Unknown 2
Marital Status: Religion: Mental Disability:
Single 2 Christian 1 No 1
Married 1 Quaker 1 Yes 1
Unknown 2 Unknown 3 Unknown 3
Physical Disability:
No 1
Yes 1
Unknown 3
BOARD MEMBERS
Loren Horton, Chair
Greg Roth, Vice Chair
Roger Williams
Candy Barnhill
John Stratton/Beth Engel
clerk/Annual Report 04-05.doc
LEG 04.1
SEARCH AND
SEIZURE
IDate of Issue General Order Number
January 10, 2000 00-01
tEffoctive Date Section Code
January 20, 2000 LEG-04
IReevaluation Date Amends / Cancels
June 2006 06~05
C'A'L'E'A'1.2.4 Reference
INDEX AS:
Search Arrests
Seizure Stop and Frisk .~-
Warrants ~'~
I..PURPOSE
The purpose of this order is to provide members of the Iowa City Police
Department with guidelines and background pertaining to search and seizure.
I
'11. POLICY
It is the policy of this department to conduct searches that are both legal and
thorough. Such searches are to be conducted in strict observance of the
Constitutional Rights of the persons being searched and with due regard for the
safety of the officers involved. All seizures shall comply with all relevant state
and federal statues governing the seizure of persons or property.
LEG 04.2
III. DEFINITIONS
A. Constitution of the United States of America:
Amendment 4
The right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be violated,
and no Warrants shall issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be searched, and the
person or things to be seized.
B. Constitution of the State of Iowa:
Article I. Bill of Riqhts
Section 8. The right of the people to be secure in their persons, houses,
papers and effects, against unreasonable searches and seizures shall not be
violated; and no warrant shall issue, but on probable cause, supported by
oath or affirmation, and particularly describing the place to be searched, and
the persons and things to be seized.
'IV. PROCEDURES
Search and Seizure Without a Warrant -"
The Iowa City Police Department recognizes "" '"-~
that c~bzens have the n~][~t to .boe-
free of unreasonable search and seizure" as afforded by the Constituti~ of the~
United States. This Department will strive to ensure that all searches and
seizures meet current legal requirements. In recognition of this, the following
guidelines are to be considered when making a determination to search without a
warrant.
A. Consent to Search:
1. Persons or property may be searched upon the consent of the person,
owner or person in control of the property or item to be searched. The
person giving consent must do so voluntarily. The officer is obligated to
abide by any constraints placed on the search by the person.
B. Exigent Circumstances:
1. An officer may search without a warrant when the public safety is
endangered or obtaining consent or a warrant is impractical
C. Moveable vehicles which may contain evidence that may be removed or
destroyed without a timely search being made:
LEG 04.3
1. A vehicle may be searched if an officer reasonably believes that it may
contain evidence of a crime, which may be destroyed or moved, and it is
impractical to obtain a warrant.
D. Stop and Frisk:
1. An individual may be frisked for weapons if an officer has an articulable
concern for his/her safety.
E. Inventory Searches of Impounded Vehicles:
1. Inventory searches of impounded or seized vehicles may be conducted for
the purpose of documenting property contained in the vehicle. An
inventory search should not be used when the primary reason is to obtain
evidence. (see impound policy)
F. Search Incident to Arrest: ·
1. When an arrest is made, the officer will conduct a search of the arrested
person and the area in the immediate control of the arrested person for
the purpose of ensuring the officers' safety, preventing the person from
escaping, discovering the fruits of the crime, or discovering instruments or
articles which may have been used in the commission of a crime or
constitute .evidence of an offense. This search must be contemporaneous
in place and time.
1. Officers may visually search items or property that are in plain View,_
provided that the officer has the right to be in the position from which the~.
view was made.
H. Crime Scene Search: :--~- _4.
1. Depending on the location of a crime scene, consent or a warra~;~'may i~
required prior to a search. (i.e. public v. private property)
I. Officers may search persons on premises during the execution of a search
warrant in order to protect their safety, prevent disposal or concealment of
property subject to the warrant or to remove any items that could be used to
effect an escape or resist arrest.
J. Officers may conduct warrantless searches in other situations under
applicable case law. (See training documentation)
Search and Seizure Pursuant to Warrant
When an officer has probable cause to believe that a crime has been
committed on the premises to be searched, or that evidence of a crime could
be located there and a warrantless search is not appropriate, officers shall
obtain a search warrant prior to entry and search in accordance with
applicable state law and procedures. (See training documentation.)
LEG 04.4
If it is unclear if a situation falls into one of the above categories and an officer
believes that thero is need to search a person, location or item; the officer should
consult with an on-duty watch supervisor. If a determination is not reached, the
on-call County Attorney shall be called for advice on how to proceed.
~,J J.t~inkelhake, Chief of Police
aims. ViOlations of this directive will only form
PER-02.1
HARASSMENT AND
SEXUAL
HARASSMENT
Date of Issue I General Order Number
JUNE 30, 2000 I 00-02
I
Effective Date I Section Code
JULY 4, 2000 PER-02
Reevaluation Date I Amends / Cancels
JUNE 2006 06/05
C.A.L.E.A. ]Reference
26.1.3
Harassment Complaint Procedures
Sexual HarasSment
Supervisor Responsibilities
The purpose of this order is to maintain a healthy environment~ whic'~:' all
individuals are treated with respect and dignity and to provide procedur~ for
reporting, investigating and resolving complaints of harassment and
discrimination. Federal law provides for the protection of classes of persons
based on race, color, sex, religion, age, disability and national origin. This
policy, as well as City Ordinance, also protects persons based on their sexual
orientation.
!1. POLICY
It is the policy of the Iowa City Police Department that all employees have the right to
work in an environment free of all forms of harassment by employees, whether sworn,
civilian, or volunteer, as well as non-employees who conduct business with this agency.
This agency considers harassment and discrimination serious misconduct. Therefore,
the Iowa City Police Department shall take direct and immediate action to prevent such
behavior, and to remedy all reported instances of harassment and discrimination. A
violation of this departmental policy can lead to discipline up to and including
termination.
PER-02.2
III. DEFINITIONS
Sexual harassment is unwelcome conduct which affects a term or condition of
employment or creates an intimidating, hostile or offensive working environment.
Sexual harassment may take the form of deliberate or repeated unsolicited
verbal comments, questions, representations or physical contacts of either a
sexual or non-sexual nature which are unwelcome to the recipient. Fven
harassment that is not of a sexual nature, if sufficiently pervasive and offensive,
is prohibited in the workplace. Sexual harassment may also take the form of
making or threatening to make decisions affecting an employee's job on the
basis of an acceptance or refusal of a request for sexual intimacy. /See also,
City of Iowa City Personnel Policies Manual.)
IV. PROCEDURES
Sexual harassment is a form of misconduct which undermines the integrity of the
employment relationship. Such harassment is prohibited for all employees,
regardless of their status, and includes supervisors, subordinates and co-
workers. No employee, either male or female, should be subjected to such
conduct. Sexual harassment may also be charged between same sex
employees.
Sexual harassment may take the form of verbal or physical conduct that has the
purpose or effect of creating an intimidating, hostile, or offensive working
environment. This type of prohibited activity may take the form of sexually
explicit or vulgar language, sexual jokes or innuendo, unwelcome touching and
lewd gestures or physical conduct, but is not limited to such activity. It may also
include more subtle actions which are directed at an individUal.
Racial, creed, .ethnic, religious, age, sexual orientation, gender identity, national
origin or disability harassment is also a form of serious employee misconduct, is
prohibited for all employees, who are subject to disciplinary action up to and
including termination for violations.
PROHIBITED ACTIVITY ",'-'~- '-'
1. No employee shall either explicitly or implicitly ridicule, mock¢ deride or
belittle any person.. . .:. :..'
2. Employees shall not make offensive or derogatory comme0ts to ~ny '
person, either directly or indirectly, based on race, color,~x, reii~ion,
age, disability, sexual orientation or national Origin. Such harassme~ is a
prohibited form of discrimination under state and federal law and is also
considered serious misconduct, subject to disciplinary action, up to and
including dismissal from the Department.
3. Sexual harassment is defined as unwelcome sexual advances, requests
for sexual favors, and other verbal or physical conduct of a sexual nature
when:
a. Submission to such conduct is made either explicitly or implicitly a
term or condition of employment.
PER-02.3
b. Submission to or rejection of such conduct by an employee is used as
the basis for employment dec sions affecting the employee: or
c. Such conduct has the purpose or effect of unreasonably interfering
with an employee's work performance or creating an intimidating,
hostile or offensive working environment.
4. Individuals covered under the policy include ail persons employed with the
department, whether sworn or civilian. This policy also covers all
volunteers and interns associated with the department.'
SUPERVISOR / EMPLOYEE RESPONSIBILITIES
Each supervisor shall be responsible for preventing acts of harassment. This
responsibility includes but is not limited to:
1. Monitoring the unit worl~ environment on a daily basis for signs that
harassment may be occurring; "
2. Counseling all employees on the types of behavior prohibited, and the
departmental procedures for reporting and resolving complaints of
harassment;
3. Stopping any observed acts that may be considered harassment, and taking
appropriate steps to intervene, whether or not the involved employees are
within his/her line of supervision; and
4. Taking immediate action to prevent retaliation towards a complaining party
and to eliminate any hostile work environment, where there has been a
complaint of harassment, pending investigation.
a. If a situation requires separation of the parties, care should be taken to
avoid actions that appear to punish the complainant.
b. Transfer or reassignment of any of the parties involved should be
voluntary if possible and, if non-voluntary, should be temporary
pending the outcome of the investigation.
Each Supervisor has the responsibility to assist any employee of this
department, who comes to that supervisor with a complaint of harassment, in
documenting and filing a complaint with the Chief of Police for investigation.
Each employee of this agency is responsible for assisting in the prevention of
harassment through the following acts:
1. Refraining from participation in, or encouragement of, actions that' (~ould be
perceived as harassment;
2. Reporting acts of harassment to a supervisor; and
3. Encouraging any employee who confides that he/she is beir~i:l~arassed or
discriminated against to report these acts to a supervisor.
,.~
PER-02.4
Failure of an employee to carry out the above responsibilities may be considered
in any performance evaluation or promotional decision and may be grounds for
discipline.
COMPLAINT PROCEDURES
1. Any employee encountering harassment is encouraged to inform the
harassing person that his/her actions are unwelcome and offensive. The
employee is encouraged to document all incidents of harassment in order to
provide the fullest basis for investigation.
2. Any employee who believes that he/she is being harassed should report the
incident(s) to their supervisor as soon as possible, so steps may be taken to
protect the employee from further harassment, and appropriate investigative
and disciplinary measures may be initiated. Where, in the opinion of the
employee, this is not practical, the employee may instead file a complaint
with another supervisor, the Chief of Police, or persons identified in the City
of Iowa City Personnel Policies manual. In instances where the Chief of
Police is accused of harassment, the assistant City Manager shall be
notified and will direct the investigation.
a. The supervisor or other person to whom the complaint is given shall
meet with the complaining employee and document the incident(s)
complained of, the person(s) performing or participating in the alleged
harassment, witnesses to the incident(s) and the date(s) on which it
occurred.
b. The employee taking the complaint shall promptly submit a
confidential memorandum documenting the complaint to the Chief of
Police.
3. The internal investigating authority designated by the Chief of Police shall
be responsible for investigating any complaint alleging harassment or
discrimination.
a. The internal investigating authority shall immediately notify the Chief of
Police and the City/County Attorneys office if the complaint contains
evidence of criminal activity, such as assault, sexual assault or
attempted sexual assault.
b. The investigator shall include a determination as to whether other
employees are being harassed by the person, and whether other
agency members participated in or encouraged the harassment.
c. The Chief of Police shall inform all parties involved of the outcome of
the investigation.
d. A file of harassment complaints shall be maintained in the office of the
Chief of Police and the Chief of Police shall compile an annual
summary of all harassment complaints.
e. Findings of the .investigation shall be entered into the mernber's.
personnel file in accordance with departmental guidelines on-'ir~ternal;
investigations.
PER-02.5
4. The complaining party's confidentiality will be maintained throughout the
investigative process to the extent practical and appropriate under the
particular circumstances.
5. Complainants or employees accused of harassment may file a
grievance/appeal in accordance with departmental procedures, applicable
state law and union contract when they disagree with the findings of the
investigation or disposition of the harassment claim.
6. This policy does not preclude any employee from filing a complaint or
grievance with an appropriate outside agency.
RETALIATION
1. There shall be no retaliation against any employee for filing a harassment
or discrimination complaint, or for assisting, testifying or participating in the
investigation of such a complaint.
2. Retaliation against any employee for filing a harassment or discrimination
complaint or for assisting in the investigation of such a complaint is illegal
and is prohibited by this department and by federal statutes.
3. Retaliation is a form of employee misconduct. Any evidence of retaliation
shall be considered a separate violation of this policy and shall be handled
by the same .complaint procedures established for harassment and
discrimination complaints.
4. Monitoring to ensure that retaliation does not occur is the responsibility of
the Chief of Police, supervisors and the internal investigative authority.
F~. 5! Winkelhake, Chief of Police
This directive is for departmental use d does ny criminal or civil
proceeding. The department ~s a creation of a higher
legal standard of safety or cam in an evidentiar¥ 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
June 2005
OFFICER DATE INC # INCIDENT FORCE USED
03,41 060105 05-26726 Welfare Check Officers used control techniques to
handcuff' a subject that had assaulted
emergency medical personnel and
attempted to assault officers.
25 060105 05-26836 Intoxicated Subject Suspect had been arrested and placed in
handcuffs. Suspect refused to sit in a
squad car to be transported. Officers
used control techmques to escort the
suspect into a seated position in a squad
car.
05 060205 05-26902 Building search Officer drew sidearm while checking a
residence after observing suspicious
activity. No subjects were located in
the residence
58,51,05 060305 05-27110 Loud Party Suspect attempted to flee from Officers
after being stopped. Officers attempted
to arrest the suspect. Suspect resisted
arrest efforts. Officers used control
techniques to place handcuffs on the
suspect and escort them into a squad
car.
09 060305 05-27132 Injured Deer Officer used sidearm to dispatch an
injured deer.
05 061005 05-28429 Armed Subject Officer ordered subjects to stop
fighting. Subjects then attempted to
assault the Officer. Officer exposed
subjects to a chemical agent. Officer
was then assaulted. A suspect that was
being detained fled the area. Officer
caught up to the suspect and were able
to direct them to the ground where they
were placed in handcuffs.
81/42 061205 05-28787 Assist Other Agency Officers assisted DPS with a subject in
a vehicle with a gun. Officers drew
sidearms until the suspect's weapon was
c<~ secured. Suspect was then taken into
.. - : custody without incident.
58 061205 05-28804 Armed Subject Officer drew sidearm and ordered a
~. suspect to drop a shotgun that had been
used in an assault. Suspect dropped the
~ shotgun and was taken into custody
without incident.
58 061405 05-29058 911 Hang Up Suspect was placed under arrest for
mis-use of 911. Suspect resisted arrest
efforts. Officer used control techniques
to place the suspect in handcuffs
84 061605 05-29362 Suspicious Person Officer located suspect tampering with
a motor vehicle. Upon approach the
suspect attempted to hide under the
vehicle. Suspect refused to comply
with Officer's instruction to come out
from underneath the vehicle. Officers
used hands on techniques to attempt to
get the suspect from under the vehicle.
Suspect then came out on their on
accord and was placed under arrest
without further incident.
25,58,19 062305 05-30596 Assault Officers instructed assault suspect to go
to the ground. Suspect refused.
Officers used hands on techniques to
direct the subject to the ground and
place them in handcuffs.
12,95,38 062405 05-30658 Intoxicated Subject Suspect had been placed under arrest.
Suspect then attempted to damage a
squad car and assault Officers. Officers
used control techniques to prevent the
suspect from assaulting others and
move them in and out of a squad car.
Suspect was taken to the hospital to be
examined but resisted medical efforts.
Officers assisted medical personnel by
using control techniques to secure the
suspect for a medical evaluation.
05,18 062705 05-31152 Medical Assist Subject threatened to assault
emergency medical personnel. Officers
directed the subject to the ground and
placed them in handcuffs. Subject was
then treated by medical personnel.
51 062705 05-31157 Alarm Officer drew sidearm to check a
building that was found unsecured. No
subjects were located in the building.
36 062905 05-31451 Intoxicated Subject Subject had been taken into custody on
a court committal and placed in
handcuffs. Subject attempted to pull
hands from behind back and refused to
:~i~, remain seated in a squad car. Officer
used control techniques to prevent
subject from moving their hands and
keep the subject in the squad car to be
transported.
August 16, 2005 Mtg Packet
PCRB COMPLAINT DEADLINES
PCRB Complaint #05-02
Filed: 05/05/05
Chief's Report due: 08/03/05
Chief's Report filed: 07/29/05
PCRB Report due: 09/27/05
POLICE CITIZENS REVIEW BOARD
OFFICE CONTACTS
June 2005
Date Description
6/22 Mailed complaint form.
BOARD INFORMATION
TO: Members of the PCRB
FROM: Loren Horton
RE: Contact with the public during July 2005
I received two telephone calls in July from Rick Baldwin of
Urbana, Illinois. He called me on 13 July and 19 July to ask
questions about the operation of the PCRB in Iowa City. The City
Council in Urbana is interested in forming a police review board.
They now have a copy of the Iowa City Ordinance.
During our conversations, which totalled about 35 minutes for
the two of them, he asked mainly about relations with the Police
Department, number and type of complaints that we receive, and how
the ICPCRB has responded to complaints. Also, he was quite
interested in complaints that go directly to the Police Department
rather than to the PCRB, but I was not able to give him much
information about that. After all, we cannot always know the
motivations of the complainants, nor the reasons for their actions.