HomeMy WebLinkAbout02-14-2006 Police Citizens Review Board
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AGENDA
POLICE CITIZENS REVIEW BOARD
February 14,2006 - 7:00 P.M.
LOBBY CONFERENCE ROOM
410 E. Washington Street
CALL TO ORDER and ROLL CALL
CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR
AMENDED
. Minutes of the meeting on 01/10/06
. ICPD General Order 89-02 (Department Disciplinary Philosophy)
. ICPD General Order 01-01 (Racial Profiling)
. ICPD Use of Force Report (December 2005)
OLD BUSINESS
NEW BUSINESS
PUBLIC DISCUSSION
BOARD INFORMATION
STAFF INFORMATION
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.
MEETING SCHEDULE and FUTURE AGENDAS
. March 21, 2006, 7:00 P.M., Lobby Conference Room
. April 11 ,2006,7:00 P.M., Lobby Conference Room
. May 8,2006,7:00 P.M., Lobby Conference Room
. June 12,2006,7:00 P.M., Lobby Conference Room
ADJOURNMENT
MEMORANDUM
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
DATE:
TO:
FROM:
RE:
February 10, 2006
PCRB Members
Kellie Tuttle
Board Packet for meeting on February 14, 2006
Enclosed please find the following documents for your review and comment at the next board
meeting:
. Agenda for 02/14/06
. Minutes of the meeting on 01/10/06
. ICPD General Order 89-02 (Department Disciplinary Philosophy)
. ICPD General Order 01-01 (Racial Profiling)
. ICPD Use of Force Report (December 2005)
. PCRB Complaint Deadlines
. PCRB Office Contacts - January 2005
. Extension request regarding PCRB Complaint #05-03
. Extension request regarding PCRB Complaint #05-04
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 - January 10, 2006
CALL TO ORDER: Chair Greg Roth called the meeting to order at 7:05 p.m.
MEMBERS PRESENT: Candy Barnhill, Elizabeth Engel, Michael Larson, Loren Horton
MEMBERS ABSENT: None
STAFF PRESENT: Legal Counsel Catherine Pugh and Staff Kellie Tuttle
OTHERS PRESENT: Cap!. Tom Widmer of the ICPO and Public, John Kirby
RECOMMENDATIONS TO COUNCIL
None.
CONSENT
CALENDAR
OLD BUSINESS
NEW BUSINESS
PUBLIC
DISCUSSION
Motion by Horton and seconded by Larson to adopt the consent calendar.
. Minutes of the meeting on 12/13/05
. ICPO General Order #90-02 (Report Review)
. ICPD General Order #00-10 (Evidence and Property Handling Procedures)
. ICPD General Order #01-07 (Police Media Relations/Public Information)
. ICPO Quarterly/Summary Report (Qtr 4) -IAIR/PCRB, 2005
. ICPD Use of Force Report (November 2005)
Motion carried, 5/0.
None.
Roth wanted to review the complaint process and how complaints were
forwarded to the Chief and when. His main concern was if there was a step to
see if the Board even had jurisdiction over the complaint before it was forwarded
and initiating an investigation. After going through the code and discussing it
with legal counsel, section 8-8-7 of the code says that the Board will forward all
PCRB complaints to the Chief or to the City Manager when the Chief is
concerned. Legal Counsel Pugh also spoke with the Sarah Holecek in the City
Attorneys office and was assured that when a complaint comes in they also look
at it and that the motion for summary dismissal generally comes from the Chief.
Also when a complaint is filed, the Clerks office sends a cover letter along with
the complaint if it appears to be untimely or not involve an Iowa City sworn police
officer. Roth feels that his initial concern was answered by the City Code, Legal
Counsel, and the City Attorneys office.
John Kirby mentioned an article regarding a jailer in Wapello who had shot his
wife and other miscellaneous incidents. He stated that he thought that the Board
was a good idea because of incidents like this. Roth explained that the Board
had no jurisdiction over other cities or counties.
._--~-_.-,._._._--~-_._._-'~-_.~
PCRB
January 10, 2006
Page 2
BOARD
INFORMATION
Barnhill inquired about the number of in-car recording devices that are not
working. Widmer stated that they are in the process of purchasing 5 new digital
recording devices with grant money, which will eliminate a lot of the problems
they were having with the video recording devices. Five of the digital are
installed now and seem to be up and running well. They are planning to take
some more grant money and finish outfitting the rest of the marked squad units
so that all 17 units would have the new digital recording devices. They haven't
had any problems with the digital, it's clearer and the technology is more up to
date. Barnhill then asked if the officers had the ability to override the recording
device and turn it off. Widmer said with the new digital device it is constantly
recording, and when the red flashing lights are turned on the device backs up
about 30 seconds and captures that image. The officers could shut the unit off,
but they can not go back and erase. The information is downloaded onto cards
and the cards are turned over to a supervisor and then downloaded into the
system. Officers are being instructed to have a supervisor swap the cards out
when they're about 90% full.
Barnhill then inquired as to whether there is a standard procedure for
interviewing parties after an event has occurred and are all new officers
instructed in those procedures. Widmer explained that they have Standard
Operating Procedures that govern the way that officers interview, however there
is not a general order that spells out how to do interviews.
Investigations/communications is something that is taught from day one at the
academy as far as the way they're to conduct themselves during interviews. It's
also something they train in constantly and there are special
interview/interrogation schools that they send officers to. Different officers have
different styles in the way that they conduct the interview. The procedure would
only indicate this is the information we need and the manner in which they're to
do that.
Barnhill asked if it was up to the officer's discretion if there are two witnesses if
they interview them separately or together. Widmer replied that it would be
policy to never put two antagonistic people together, you would always try and
separate for interviews so that you would have untainted interviews.
Barnhill referred to Legal-05.1, Off Duty Conduct, under definitions, where it
states "Officers should remove themselves from any involvement in such a
situation and immediately contact on-duty personnel to handle." Widmer said the
intent of that is so that you don't have an officer in an off-duty capacity take
enforcement action. Or you don't have them get another uniformed officer there
and have them do the work, they're supposed to remove themselves in such a
way that the other officer then takes over and conducts that investigation. Engel
asked if the off-duty officer could be on the scene. Widmer stated that there's
nothing that says he can not, but he can't be involved in the investigation. Roth
asked if the officer does not take enforcement action, is he acting in the capacity
of a sworn police officer. Widmer said he believes the way you look at it is that
--------_.._--~--
PCRB
January 10, 2006
Page 3
STAFF
INFORMATION
EXECUTIVE
SESSION
REGULAR
SESSION
you're a sworn police officer 24 hours a day, but your actions that you're
supposed to take are entirely different when you're off-duty as opposed to being
on-duty. When an incident happens in the presence of an off-duty officer, they
have the same rights as a normal citizen does to call an officer in and take care
of it. To dictate to the officer on how it's going to be taken care of or to jump in
and influence the way that investigations going you're getting into a grey area.
Widmer believes it's improper, but if you stand back and let the officer properly
handle it, it's the same rights as a citizen.
Horton had a citizen come to him with a complaint on a police officer. His
suggestions to the citizen were to file a complaint with the City Clerks office for
the PCRB, go to the Police Chief and he could initiate an internal one, speak to
the City Council during public discussion at one of the meetings, or go to the City
Attorneys office. Pugh stated that if a person went to the City Attorneys office
they would be directed to either the Clerks office or the Police Department.
Widmer suggested that either one of the Captains or a Watch Commander
instead of the Chief if the citizen was intimidated by speaking to the Chief.
None.
Motion by Horton and seconded by Engel to adjourn into Executive Session
based on Section 21.5(1 )(a) of the Code of Iowa to review or discuss records
which are required or authorized by state or federal law to be kept confidential or
to be kept confidential as a condition for that government body's possession or
continued receipt of federal funds, and 22.7(11) personal information in
confidential personnel records of public bodies including but not limited to cities,
boards of supervisors and school districts, and 22-7(5) police officer investigative
reports, except where disclosure is authorized elsewhere in the Code; and
22.7(18) Communications not required by law, rule or procedure that are made to
a government body or to any of its employees by identified persons outside of
government, to the extent that the government body receiving those
communications from such persons outside of government could reasonably
believe that those persons would be discouraged from making them to that
government body if they were available for general public examination.
Motion carried, 5/0. Open session adjourned at 7:42 P.M.
Returned to open session at 8:58 P.M.
Motion by Engel and seconded by Horton to set the level of review for Complaint
#05-03 to 8-8-7 (B)(1 )(a), On the record with no additional investigation. Motion
carried, 5/0.
~,------------'---_.-
PCRB
January 10, 2006
Page 4
Motion by Horton and seconded by Engel to request 45-day extension for PCRB
Complaint #05-03 due to timelines and scheduling. Motion carried, 5/0.
Motion by Barnhill and seconded by Horton to request 30-day extension for
PCRB Complaint #05-04 due to timelines and scheduling. Motion carried, 5/0.
Motion by Horton and seconded by Larson to change the March 14 to March 21.
Motion carried, 5/0.
MEETING SCHEDULE
. February 14, 2006, 7:00 P.M., Lobby Conference Room
. March 14,2006,7:00 P.M., Lobby Conference Room (Changed to 3/21/06)
. April 11 ,2006,7:00 P.M., Lobby Conference Room
. May 9,2006,7:00 P.M., Lobby Conference Room
ADJOURNMENT Motion for adjournment by Horton and seconded by Engel. Motion carried, 5/0.
Meeting adjourned at 9:03.
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DEPARTMENT
DISCIPLINARY
PHILOSOPHY
Date of Issue
January 11, 2001
General Order Number
89-02
Effective Date
January 27, 2006
Section Code
PER-01
Reevaluation Date
Janua 2008
Amends
89-02: Effective Jul 18,1989
C.A.LE.A.
26.1.2,26.1.4,26.1.5,26.1.6,26.1.7,26.1.8
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I. PURPOSE > +"
The purpose of this order is to state formally the Department Philosophy of discipline
and to establish the policies and procedures for using training and counseling as
methods of positive discipline and to set out the forms of punitive disciplinary options
used by the Iowa City Police Department.
INDEX AS:
Disciplinary Philosophy
Positive Discipline
Negative Discipline
Internal Investigation
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II. POLICY
It is the policy of the Iowa City Police Department to develop positive disciplinary
procedures so as to minimize the necessity of negative, punitive disciplinary actions.
The primary methods used in positive discipline may include supervisory coaching,
training, tangible and intangible rewards and supervisory counseling.
PER-01.2
III. DEFINITIONS
POSITIVE DISCIPLINE - are those types of discipline which develop in the member the
same objectives as those in the organization.
A. This discipline can be developed by effectively training and counseling the
employee.
1. Training
2. Counseling
NEGATIVE DISCIPLINE - form of punishment or chastisement.
A. When positive methods fail or are inappropriate to achieve conformity, then
negative disciplinary action must follow to preserve the integrity of the
organization.
B. Non - Punitive actions:
1. written warning
2. written reprimand
C. Punitive actions:
1. written reprimand
2. suspension
3. demotion
4. termination
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IV. PROCEDURES
DEPARTMENT DISCIPLINARY PHILOSOPHY
One of the primary tasks ofa supervisor is the maintenance of discipline. Discipline
may be positive or negative. It may involve a range of responses including
encouragement, training, counseling, or the imposition of punitive sanctions. Discipline
has as its immediate purpose the channeling of individual effort into effective and
productive action.
The exercise of positive discipline requires foresight and planning rather than mere
reaction. Positive discipline requires an assessment of actual performance and
performance capabilities, which when combined with proper training, recognition, and
positive rewards, may result in effective contributions to the organization.
Employees who violate their oath and trust by committing an offense punishable under
the laws or statues of the United States, the State of Iowa, or the Ordinances of the City
of Iowa City, or who violate any provision of the Rules and Regulations of the Iowa City
Police Department, or knowingly disobey any lawful order, or are incompetent to
perform their duties are subject to appropriate disciplinary action.
Each employee will have access to a copy of the Department Rules and Regulations
and are expected to have an understanding of them. The Rules and Regulations will
be housed at specified locations in the police department as well as electronically in
conjunction with the departmental Policv and Procedures manual.
The Iowa City Police Department expects the highest level of professional conduct from
all members, both sworn and civilian. However, members of the Department often
PER-01.3
perform their duties in a manner exceeding departmental standards. Official
commendation of such performance may be given by the Department to give full
recognition to those who have brought distinction to themselves and the Department.
Official commendation shall be kept in the employee's personnel file for the duration of
their employment with the Department. Officers may also have a "Report of
Inquiry/Incident Form" denoting Exemplary Service submitted by a supervisor. This will
also be noted and placed in their personnel file.
TRAINING IN THE DISCIPLINARY PROCESS
A. Discipline may take the form of training or experience that corrects, molds,
strengthens or perfects. Such discipline allows for a professionally oriented
department.
1. Training should take place in recruit school; recruit field training' in-service
training, advanced training, and remedial training.
a. The training process should be designed to reinfoIQe de~ble
behavior patterns and to call attention to noticeable acti@s whisn are
deemed undesirable. J> c:? ~ II
b. A well-disciplined department is a well-trained department~ -<: ~ =
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2. The supervisor, by his/her actions, sets the example for SffIlmoye8; t'trl
follow. A good example is necessary if positive discipline<iS:;to !l!P.rk,-,
Primary responsibility for maintaining the appropriate level~is~ineU
lies with the first line supervisor. ~ :.
B. Officer's acts, which are committed because he/she either mlsunder3lOod
procedures or was never made aware of the correct action, are indicators of
training needs.
1. These needs may be corrected by remedial training programs.
a. Remedial training is personalized training to correct a specific
deficiency which is usually identified by testing, evaluation during
training, or by a supervisor evaluating an employee during routine jOb
performance, or by acts requiring disciplinary actions.
2. A review of Internal Investigations should analyze information to
determine possible training needs by identifying undesirable behavior
trends of those individuals.
3. Training may be used as part of the department's disciplinary system by
itself, or in conjunction with other disciplinary procedures as determined
by the Chief of Police.
4. An employee may be assigned to remedial training based on the results of
an Internal Affairs Investigation or by the Chief of Police as a positive
measure to correct a deficiency.
5. In a non-disciplinary action, an employee may be assigned to remedial
training if his supervisor, through the division commander, recommends
the process to correct a lack of skill, knowledge, or abilities to perform
their assigned tasks properly.
6. Upon completion of a remedial training program participants shall be
evaluated to determine whether or not existing deficiencies were
alleviated. Results of the evaluation shall be forwarded through the chain
of command to the Chief of Police.
PER-01.4
COUNSELING IN THE DISCIPLINARY PROCESS
Counseling is assisting employees in the process of problem solving. It may be
corrective or preventive in nature. Counseling as a component of the disciplinary
system, may be employed by itself or in conjunction with one or more of the
components of the disciplinary system. Counseling may focus on:
A. the necessity for a person to change an existing behavior, or deficient work
method.
B. the necessity for a person to alter behavior in preparation to be considered
for additional responsibilities;
C. a disciplinary problem which may be handled in a positive manner by itself, or
in conjunction with other disciplinary measures.
The following criteria should exist for using counseling:
A. There must exist a reasonable belief that the employee has an existing
problem or is experiencing difficulty in understanding, adjusting to, or
internalizing matters which:
1. Are job related, pertaining to assigned tasks
2. Involve personnel policies pertaining to departmental policies
3. Involve interpersonal relationships with co-workers
4. Involve personal matters which are affecting the employees work
performance.
B. The process may be based on the results of an Internal Affairs Investigation
concerning a disciplinary matter, by recommending counseling for the
employee to the Chief of Police, as a positive measure to correct a
deficiency.
C. Factors must be present which indicate the employee's problem is having a
detrimental effect on work performance.
D. There must be a reason to believe that counseling may assist the employee
in a supportive way or otherwise have a positive impact on work performance.
The following procedures should be followed for using counseling as a function of
discipline:
A. The employee or their immediate supervisor may initiate the counseling
process;
B. The initial counseling effort shall be intended to find a remedy or, if not
possible, to route the counseling process to one of the following as
appropriate: watch commander, division commander or outside professional
counseling service; 0 g
C. Counseling sessions shall be documented either on the depart~~s ~ort
of Inquiry !Incident form or the supervisor's own documentation ~~m.~ 11
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TYPES OF COUNSELING APPROACHES ;:<!::-' 0 ~
Directive Approach - - 9::J ~ ["l
A. Counselor determines items to be discussed and solutions deSir~7' B '-..1
B. Counselor controls and directs course of conversation. )>
C. Used as a means of diSCiplining an employee, or providing s~cific
information, amplifying, clarifying the nature of the infraction and the
appropriate behavior desired.
PER-01.5
Non-Directive Approach
A. Employee does most of the talking, says what's on their mind. (conversation
not steered by counselor)
B. Counselor helps employee examine facts.
C. Counselor helps employee think through the situation, choose alternatives
and solve the problem.
D. Used most for problem solving instead of discipline.
If internal counseling is not an appropriate remedy to the problem, then the employee
may be referred to an outside counseling service, or other appropriate sources.
NON-PUNITIVE ACTION
Non-Punitive actions constitute a part of the Department's disciplinary system. Non-
punitive action includes:
A. Written warning ( may be in conjunction with other disciplinary action)
B. Written reprimand-minor (may be in conjunction with other disciplinary action)
PUNITIVE ACTION
Punitive actions constitute a part of the Department's disciplinary system. Punitive
actions include:
A. Written reprimand-major (may be in conjunction with other disciplinary action)
B. Suspension (may be in conjunction with other disciplinary action)
C. Demotion (may be in conjunction with other disciplinary action)
D. Dismissal
WRITTEN WARNINGS
Written warnings may be made for actions contrary to the rules and regulations or the
policies and procedures of the Iowa City Police Department. A written warning may be
initiated by the employee's supervisor. Written warnings shall be documented on the
departmental ReDort of Inauiry {Incident Form.
WRITTEN REPRIMAND
A written reprimand may be initiated by the employee's supervisor and may be applied
to any infraction of policies, Rules and Regulations, for procedural errors, or any
infraction of other written directives. The written reprimand shall follow the chain of
command with the Chief of Police maintaining final authority. Written reprimands shall
be documented on a departmental Report of Inquiry {Incident form and forwarded to
the employee's personnel file in the Human Resources Department. Upon forwardi{!Q of
the form, the Chief of Police will designate on the form whether the written @primaml is
for a minor or major infraction. ~q ~
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SUSPENSION O:::tJ .= 0
When the infraction is of such a nature that a written warning or written ~pnmafil:t is
inappropriate, the Chief of Police may suspend an employee. The empl~ee sh~ be
given written notice of the suspension and the reason(s) for the suspension.
A. Any supervisor may impose a fully paid emergency Administrative Leave of
Absence on a member or employee when it appears necessary to preserve
PER-01.6
the efficient and safe operation of the Department. The supervisor shall
promptly notify the Commanding Officer, Field Operations, who shall promptly
notify the Chief of Police.
1. Any person so relieved of duty shall be instructed to report to the Office of
the Chief of Police at 9:00 a.m. on the next business day, unless
otherwise instructed.
a. The supervisor imposing or recommending the Administrative Leave of
Absence will report at the same time.
B. Being relieved of duty does not constitute a suspension, demotion, or
dismissal, nor shall the employee lose any payor benefits for the time he/she
was relieved on an Administrative Leave of Absence.
DEMOTION
With proper cause, the Chief of Police may order an employee demoted. An employee
may also be demoted due to lack of work, prudent business reasons, a series of
violations, or one very serious violation. The employee shall be given notice in writing
of the demotion and the reasons for the demotion.
DISMISSAL
Dismissal may occur after progressive discipline has been taken and there is no change
in the employee's performance or behavior, or when an act is of a serious nature. Any
employee whose conduct results in dismissal shall be provided the following:
A. A statement citing the reason for dismissal.
B. The effective date of the dismissal.
C. A statement of the status of fringe and retirement benefits after dismissal.
D. A statement as to the content of the employee's employment record relating
to the dismissal.
E. A statement indicating the steps and time frame in which appeals need to be
made in accordance with the grievance process and appeals pursuant to the
civil service process.
APPEAL OF DISCIPLINARY ACTION
All appeals of disciplinary actions administered to non-sworn employees will folloMb the
grievance procedures established within existing labor contracts and agreements. ~
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Iowa Code Chapter 400.20 is as follows:
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The suspension, demotion, or discharge of a person holding civil service rights may be
appealed to the civil service commission within fourteen calendar days after the
suspension, demotion, or discharge.
The grievance process shall be initiated within the time frame spelled out the existing
labor contracts.
PER-01.7
SUPERVISORS ROLE IN THE DISCIPLINARY PROCESS
Supervisors are responsible for the performance, conduct, and adherence to
departmental directives and policies and procedures of their subordinates. Supervisors
are the initiators of the disciplinary process and should use their knowledge of
supervision, subordinates, and knowledge of the infraction and its circumstances to
recommend corrective action.
Any supervisor may initiate a written warning or reprimand. Written reprimands may be
initiated by any supervisor but must be passed upward along the chain of command. A
copy of all Report of Inquiry I Incident Form shall be fOlWarded to the Commanding
Officer Field Operations. Suspensions, demotions, 'and dismissal may only be
administered by the Chief of Police or designee. The Chief of Police retains final
authority in all disciplinary matters.
,
,
ANNUAL REVIEW OF DISCIPLINARY CASES
A. The Commanding Officer, Field Operations will submit an annual report to the
Chief of Police after reviewing all departmental disciplinary cases. The
review will be conducted to determine the need for modifications in the
following areas: ~
1) training 0 ,~
2) change in policy, procedure, or Rules and Regulations >-0 i;,;
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3) adequacy of supervision ("') --<' w ,--
4) need for inspection or other controls ~ Q 0 m
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B. During the review process, the Commanding Officer, Field O~n~ill U
analyze all formal citizen complaints. This report will be Uied in .:1he
development of departmental goals in preparation for the annt1\r1 planllll11g
and departmental budget process.
MAINTENANCE OF DISCIPLlNARYRECORDS
All written records of the administration of disciplinary actions above a written warning
shall be maintained in the employee's personnel file.
sa~~ti:~f Police
WA!:tNING
This directive is for de/ilartmental use only and d(ij.~.$ n,ol aPltly i.n any eUilW1inal, or eillilj
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.paity
claims. Violations of this directive will only form the basis for dePOlrtrnent~ll
,administrative sanctions.
"
OPS-17.1
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RACIAL
PROFILING
Date of Issue
January 10, 2001
.
General Order Number
01-01
Effective Date
January 27, 2006
Section Code
OPS-17
Reevaluation Date
January 2007
Amends / Cancels
CALEA
1.2.4,1.2.9,41.3.8,61.1.2.9
Reference
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INDEX AS:
Racial Profiling
Complaints
Supervisor Responsibilities
Warrants
Search and Seizure
Traffic Stops
Arrests
Discipline
I. PURPOSE
The purpose of this order is to unequivocally state that racial and ethnic profiling by
members of this department in the discharge of their duties is unacceptable, to provide
guidelines for officers to prevent such occurrences, and to protect officers from
unfounded accusations when they act within the parameters of the law and
departmental policy.
II. POLICY
It is the policy of the Iowa City Police Department to patrol in a proactive manner, to
investigate suspicious persons and circumstances, and to actively enforce the laws,
while insisting that citizens will only be detained when there exists reasonable suspicion
(Le. articulable objective facts) to believe they have committed, are committing, are
about to commit an infraction of the law, or there is a valid articulable reason for
contact. Additionally, the seizure and request for forfeiture of property shall be based
solely on the facts of the case and without regard to race, ethnicity or sex,
OPS-17.2
III. DEFINITIONS
Racial profiling - The detention, interdiction,. exercise of discretion or use of authority
against any person on the basis of their racial or ethnic status or characteristics.
Reasonable suspicion - Suspicion that is more than a "mere hunch" or curiosity, but is
based on a set of articulable facts and circumstances that would warrant a person of
reasonable caution to believe that an infraction of the law has been committed, is about
to be committed or is in the process of being committed, by the person or persons
under suspicion. ("Specific and articulable cause to reasonably believe criminal activity
is afoot. ")
IV. PROCEDURES
The department's enforcement efforts will be directed toward assigning officers to those
areas where there is the highest likelihood that vehicle crashes will be reduced,
complaints effectively investigated or addressed, and/or crimes prevented through
proactive patrol.
A. In the absence of a specific, credible report containing a physical description, a
person's race, ethnicity, or gender, or any combination of these shall not be a factor
in determining probable cause for an arrest or reasonable suspicion for a stop.
B. Traffic enforcement shall be accompanied by consistent, ongoing supervisory
oversight to ensure that officers do not go beyond the parameters of reas~blen~ in
conducting such activities. :;E 0 '::
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1. Officers shall cause accurate statistical information to be recorded i'H~r~ce I I
with departmental guidelines. ~ 0 0 1m
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2. The deliberate recording of any inaccurate information regardi~ ~ p~on 0
stopped for investigative or enforcement purposes is prohibited an~ ~us~for
disciplinary action, up to and including termination of employment.)> :;;:
C. Motorists and pedestrians shall only be subjected to investigatory stops or brief
detentions upon reasonable suspicion that they have committed, are committing, or
are about to commit an infraction of the law. Each time a motorist is stopped or
detained, the officer shall radio to the dispatcher the location of the stop and any
pertinent descriptors relevant or unique to that stop. The exception to this procedure
is when officers are taking part in safety checkpoints and are working with other
officers.
D. If the police vehicle is equipped with a video camera, the video and sound shall be
activated prior to the stop to record the circumstances surrounding the stop, and
shall remain activated until the person is released.
E. No motorist, once cited or warned, shall be detained beyond the point where there
exists no reasonable suspicion of further criminal activity.
OPS-17.3
F. No person or vehicle shall be searched in the absence of a warrant, a legally
recognized exception to the warrant requirement as identified in General Order
00-01, Search and Seizure, or the person's voluntary consent.
1. In each case where a search is conducted, information shall be recorded,
including the legal basis for the search, and the results thereof.
2. A cursory "sniff" of the exterior of a vehicle stopped for a traffic violation by a
police canine may be recorded on the department's canine action report form.
TRAINING
Officers shall receive initial and ongoing training in proactive enforcement
tactics, including training in officer safety, courtesy, cultural diversity, the laws
governing search and seizure, and interpersonal communications skills.
1. Training programs will emphasize the need to respect the rights of all
citizens to be free from unreasonable government intrusion or police
action.
COMPLAINTS OF RACIAUETHNIC PROFILING
Any person may file a complaint with the department if they feel they have
been stopped or searched based on racial, ethnic, or gender-baseQ.j>rofili'2fJ.
No person shall be discouraged or intimidated from filing such a co@laint,~
discriminated against because they have filed such a ~@?Iai~
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1. Any member of the department contacted by a person, who wi~firlo f!Jsl
such a complaint shall refer the complainant to a Watch Supe~ wlffi
shall provide them with a departmental or PCRB complaint f~wh~
requested. The supervisor shall provide information on how to :cbmple~
the departmental complaint form and shall record the complainants name,
address and telephone number.
2. Any supervisor receiving a departmental complaint form regarding
racial/ethnic profiling, shall forward it to the Commanding Officer Field
Operations and all such complaints shall be reviewed and the complaint
acknowledged in writing. The complainant shall be informed of the results
of the department's review within a reasonable period of time. The report
and the reviewer's conclusion shall be filed with the Chief of Police, and
shall contain findings and any recommendations for disciplinary action or
changes in policy, training, or tactics.
3. Supervisors should periodically review a sample of in-car video of stops
made by officers under their command. Additionally, supervisors shall
review reports relating to stops by officers under their command, and
respond at random to assist or observe officers on vehicle stops.
4. Supervisors shall take appropriate action whenever it appears that this
policy is being violated.
11
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OPS.17.4
REVIEW
1. On an annual basis or as requested by the Chief of Police, the
Commanding Officer Administrative Services, or designee, shall provide
reports to the Chief of Police with a summary of the sex, race, and/or
ethnicity of persons stopped.
2. If it reasonably appears that the number of self-initiated traffic contacts by
officers has unduly resulted in disproportionate contacts with members of
a racial or ethnic minority, a determination shall be made as to whether
such disproportionality appears department wide, or is related to a specific
unit, section, or individual. The commander of the affected unit, section,
or officer shall provide written notice to the Chief of Police of any reasons
or grounds for the disproportionate rate of contacts.
3. Upon review of the written notice, the Chief of Police may direct additional
training towards the affected units/sections or to individual officers.
4. On an annual basis, the department may make public a statistical
summary of the race, ethnicity, and sex of persons stopped for traffic
violations.
5. On an annual basis, the department may make public a statistical
summary of all profiling complaints for the year, including the findings as
to whether they were sustained, not sustained, or exonerated.
6. If evidence supports a finding of a continued ongoing pattern of racial or
ethnic profiling, the Chief of Police may institute disciplinary action up to
and including termination of employment of any involved individual
officer(s) and/or their supervisors.
~/~.
ine, Chief of Police
WARNING
This directive is for departmental use only and d0es not apply in any criminal or Givil'
proceeding. The department policy should not be construed as a creatl0n of a higher.
~e!ilal standard of safety or care in an eviElentiary sense With respect w... thiFd-~FlV,
elai~s: Yiolation~ of this directive will only form the basis for ~artmlillltcH
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IOWA CITY POLICE DEPARTMENT
USE OF FORCE REPORT
December 2005
OFFICER DATE INC# INCIDENT FORCE USED
81/31 122305 64033 Intoxicated Subject Subject was placed under arrest and
resisted handcuffing efforts. Officers
used control techniques to place
handcuffs on the subject.
16/45 122205 63991 Shots Fired Officers responded to a report of shots
fired and drew sidearms to check an
apartment for suspects and investigate
the matter. No one was located.
16,45 122205 63958 Burglary Officers responded to a report of a
burglary in progress and drew sidearms
to check an apartment Noone was
located.
48,28,16,45 121905 63408 911 Call Officers responded to a 911 call where
subjects could be heard arguing.
Officers forced entry into the apartment
C1' 4:. to check on the welfare of subjects
If) - when no one would respond to
CD ,::02-
~Q knocking. One subject was placed
f' ..- \-'~'i under arrest and resisted cuffing efforts.
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- ;:e. \-:4. Officers also drew sidearms to check
U- .d. G~ the remainder of the apartment due to a
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.p Q weapons history associated with the
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18 121605 62761 Intoxicated Subject Subject had been placed under arrest
and then assaulted an Officer. Officer
used active countermeasures to prevent
further assaults and gain compliance
from the subject.
57 121605 62913 Injured Animal Officer used sidearm to dispatch an
injured deer.
30 1221605 62782 Domestic Disturbance Subject was told that they were under
arrested and attempted to flee the area
on foot after assaulting an Officer. K-9
unit was deployed and apprehended the
subject. Subject was then taken into
custody without further incident. No
injuries reported.
38 121105 61996 OWl Officers attempted to stop a vehicle
0"\ regarding a traffic violation. The
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n ::c rcG initiated. After a short distance the
'- ...: L.U vehicle did pull over. The driver of the
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"'"' 36 121105 62008 Intoxicated Subject Subject was placed under arrest and
unable/unwilling to walk or submit to
handcuff"mg. Officers used control
techniques to place the subject in
handcuffs and escort them to a squad
car.
60,22,04 121005 61867 Trespass Subject was told he was under arrest
and resisted handcuffing. Officers used
control techniques to place the subject
in handcuffs.
06 121005 61821 Intoxicated Subject Subject was placed under arrest and
refused to enter a squad car to be
transported. Officers used control
techniques to place the subject in the
car.
31 120905 61417 OWl Subject had been placed under arrest
and resisted handcuffing efforts.
Officers used control techniques and
exposed the subject to a chemical
irritant to place them in handcuffs.
59 120905 61807 Intoxicated Subject Subject had been placed under arrest
and resisted handcuffing efforts.
Officers used control teclmiques to
place them in handcuffs.
31 120905 61807 Intoxicated Subject Subject had been placed under arrest.
Subject refused to enter a squad car to
be transported. Officers used control
techniques to place the subject in the
car.
13 120805 61533 Injured Deer Officer used sidearm to dispatch an
injured deer.
25,52 120405 60866 Warrant Service Subject was told that they were under
arrest and order to remove their hands
from coat pockets. The subject
refused. Due to the subject refusing to
show hands and past knowledge of a
weapon offense Officers drew sideanns
and used control techniques to take the
subject into custody without incident.
No injuries reported.
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February 14,2006 Mtg Packet
PCRB COMPLAINT DEADLINES
PCRB Complaint #05-03
Filed:
Chief's Report due (90days):
Chief's Report filed:
PCRB Report due (45days):
Extension Request (45 days):
PCRB Complaint #05-04
Filed:
Chief's Report due (90days):
Chief's Report filed:
PCRB Report due (45days):
Extension Request (30 days):
PCRB Complaint #06-01
Filed:
Chief's Report due (90days):
Chief's Report filed:
PCRB Report due (45days):
09/27/05
12/27/05
12/21/05
02/06/06
03/23/06
11/02/05
01/31/06
01/10/06
02/24/06
03/27/06
02/03/06
05/04/06
POLICE CITIZENS REVIEW BOARD
OFFICE CONTACTS
January 2006
Date Description
01-17 Man called requesting complaint forms to be mailed.
01-23 Complainant called regarding status.
01-30 Email from city in Illinois requesting ordinance and answering
process questions.
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240-1826
(319)356-5041
January 18, 2005
Mayor Ross Wilburn
410 E. Washington Street
Iowa City, IA 52240
Dear Mayor and Council Members:
At the January 10, 2006 meeting, the PCRB voted in open session to request a 45-day
extension in addition to its regular 45-day reporting deadline for the Public Report according to
the City Code for PCRB Complaint #05-03 for the following reasons:
. Due to timelines and scheduling
. Public Report presently due February 6, 2006
45-day Extension request - Report would be due on March 23, 2006
The Board appreciates your prompt consideration of this matter.
Sincerely,
"-T
Gre.o~~
Greg Roth, Chair
Police Citizens Review Board
cc: City Attorney
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240-1826
(319)356-5041
January 18, 2005
Mayor Ross Wilburn
410 E. Washington Street
Iowa City, IA 52240
Dear Mayor and Council Members:
At the January 10, 2006 meeting, the PCRB voted in open session to request a 30-day
extension in addition to its regular 45-day reporting deadline for the Public Report according to
the City Code for PCRB Complaint #05-04 for the following reasons:
. Due to timelines and scheduling
. Public Report presently due February 24, 2006
45-day Extension request - Report would be due on March 27, 2006
The Board appreciates your prompt consideration of this matter.
Sincerely,
1:-...
bre.o f<oi'L
Greg Roth, Chair
police Citizens Review Board
cc: City Attorney
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