HomeMy WebLinkAbout08-08-2006 Police Citizens Review Board
AGENDA
POLICE CITIZENS REVIEW BOARD
August 8, 2006 - 5:30 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 07/11/06
. ICPD General Order 00-05 (Off-Duty Conduct: Powers of Arrest)
. ICPD Use of Force Report - June 2006
ITEM NO.3
OLD BUSINESS
. Meeting Times
. City Code Section 8-8-6(E) / Policy & Procedure for extension requests
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 12, 2006, 7:00 P.M., Lobby Conference Room
. October 10, 2006, 7:00 P.M., Lobby Conference Room
. November 14, 2006, 7:00 P.M., Lobby Conference Room
. December 11, 2006, 7:00 P.M., Lobby Conference Room
ITEM NO.10
ADJOURNMENT
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MEMORANDUM
POLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
DATE:
TO:
FROM:
RE:
August 4, 2006
PCRB Members
Kellie Tuttle
Board Packet for meeting on August 8, 2006
Enclosed please find the following documents for your review and comment at the next board
meeting:
. Agenda for 08/08/06
. Minutes of the meeting on 07/11/06
. ICPD General Order 00-05 (Off-Duty Conduct: Powers of Arrest)
. ICPD Use of Force Report - June 2006
. PCRB Complaint Deadlines
. PCRB Office Contacts - July 2006
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
CALL TO ORDER:
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
STAFF ABSENT:
OTHERS PRESENT:
DRAFT
POLICE CITIZENS REVIEW BOARD
MINUTES - July 11, 2006
Vice-Chair Candy Barnhill called the meeting to order at 5:36 p.m.
Elizabeth Engel, Loren Horton, Michael Larson
Greg Roth
Staff Kellie Tuttle
Legal Counsel Catherine Pugh
Capt. Tom Widmer of the ICPO
RECOMMENDATIONS TO COUNCIL
None.
CONSENT
CALENDAR
OLD BUSINESS
NEW BUSINESS
Motion by Engel and seconded by Horton to adopt the consent calendar.
. Minutes of the meeting on 06/12/06
. ICPO General Order #89-04 (Civil Rights)
. ICPO General Order #00-01 (Search and Seizure)
. ICPO General Order #00-02 (Harassment and Sexual Harassment)
. ICPO General Order #00-03 (Less Lethal Impact Munitions)
. ICPD Quarterly/Summary Report (Quarter 2) - IAIR/PCRB, 2006
. ICPO Use of Force Report - May 2006
Barnhill had a question regarding ICPO General Order #89-04 (Civil Rights). Page 3,
Citizens Guarantee, Barnhill asked if this also applied to legal aliens. Widmer said he
would check with legal counsel regarding the right to counsel, but what they were
looking to do was insure that the citizens they served had rights.
Motion carried, 4/0, Roth absent.
None.
Barnhill stated that she had asked the next two items to be on the agenda and would
consider a motion to table the items until the next meeting so that all Board members
could be present for discussion.
Meetinq times - Motion by Larson and seconded by Horton to table the discussion until
the next meeting so that all Board members could be present. Motion carried, 4/0, Roth
absent.
Citv Code Section 8-8-6rE) / Policv & Procedure for extension requests - Motion by
Horton and seconded by Engel to table the discussion until the next meeting so that all
Board members could be present. Motion carried, 4/0, Roth absent.
PCRB
July 11, 2006
Page 2
PUBLIC
DISCUSSION
BOARD
INFORMATION
STAFF
INFORMATION
EXECUTIVE
SESSION
REGULAR
SESSION
None.
None.
None.
Motion by Horton and seconded by Larson 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, 4/0, Roth absent. Open session adjourned at 5:47 P.M.
Returned to open session at 6:07 P.M.
Motion by Horton and seconded by Larson to set the level of review for PCRB Complaint
#06-02 to 8-8-7(B)(1)(a), on the record with no additional investigation. Motion carried,
4/0, Roth absent.
MEETING SCHEDULE
. August 8, 2006, 5:30 P.M., Lobby Conference Room - Time Changed
. September 12, 2006, 7:00 P.M., Lobby Conference Room
. October 10, 2006, 7:00 P.M., Lobby Conference Room
. November 14, 2006, 7:00 P.M., Lobby Conference Room
ADJOURNMENT
Motion by Horton and seconded by Larson to change the time of the August 8 meeting
to 5:30 P.M. Motion carried, 4/0, Roth absent.
Motion for adjournment by Engel and seconded by Larson. Motion carried, 4/0, Roth
absent. Meeting adjourned at 6:09 P.M.
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OFF-DUTY
CONDUCT:
POWERS OF
ARREST
Date of Issue
Julv 21, 2000
General Order Number
00-05
Effective Date
July 24, 2006
Section Code
LEG-05
Amends / Cancels
Reevaluation Date
Julv 2007
I CAL.E.A.
1.2.5,1.2.6,1.2.7
I Reference
Weapons
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INDEX AS:
Use of Force
Arrests
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I. PURPOSE ~::.::
The purpose of this policy is to provide guidelines to police officers regard~
acceptable criteria for effecting an off-duty arrest.
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II. POLICY
Off-duty officers are often faced with situations involving criminal conduct that they are
neither equipped for nor prepared to handle in the same manner as if they were on
duty. This may lead to unnecessary injuries to off-duty officers, and confusion for those
on-duty officers arriving at the scene, In order to promote safety and efficiency, it is the
policy of the Iowa City Police Department to determine and regulate those situations
and locations within which a sworn member is permitted to effect an arrest while off-
duty.
LEG-05.2
III. DEFINITIONS
Personally involved: An officer is deemed personally involved where the off-duty
officer, a family member, or a friend becomes engaged in a dispute or incident
involving a personal matter with the person to be arrested or any other person
connected with the incident. This policy specifically cautions off-duty officers
from using their designation as a police officer in situations where they are
personally involved. Officers should remove themselves from any involvement in
. such a situation and immediately contact on-duty personnel to handle.
IV. PROCEDURES
A. Liabilitv Protection
Officers of the Iowa City Police Department have liability protection for the on
and off-duty performance of official duties. This protection does not extend to
acts intended to cause injury or damage, to willful or wanton acts or omissions,
or to those actions that the officer knew, or reasonably should have known, were
in conflict with the law or established policies of the Iowa City Police Department.
B. Permitted Off-Duty Arrests
When off-duty and within the legal jurisdiction of the City of Iowa City, an officer
may make an arrest only when:
1. There is an immediate need to prevent a crime or apprehend a suspect; and
2. The crime would require a full custodial arrest; and
3. The arresting officer has in his/her possession, appropriate police
identification.
C. Off-Dutv Responsibilities
4. The officer is not perso.nallY involved in the incident underlying ~e arr~ or
the opportunity and/or means to have on-duty officers safely ~oncf,and
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1. While off-duty, the police officer is responsible for immediately~~rtirlany=J
suspected or observed criminal activity, qualifying a serious mi~eme8ffilr or
higher, to on-duty personnel. <J1
2. Despite the fact that a police officer has police powers 24 hours a day
throughout the jurisdiction, except as allowed by this policy, off-duty officers
should not enforce minor violations such as disorderly conduct, public
intoxication, minor traffic violations or other nuisance offenses. On-duty
personnel should be contacted to respond to the situation where an off-duty
officer becomes aware of such violations and believes police intervention is
necessary.
LEG-05.3
3. Where an arrest is necessary, the off-duty-arresting officer shall abide by all
departmental policies and procedures.
D. Prohibited Off-Duty Arrests: When off-duty, an officer shall not make an arrest:
1. When the arresting officer is personally involved in the incident underlying the
arrest and the handling by on-duty personnel is reasonable or
2. When engaged in off-duty employment of a non-police nature, and the
officer's actions are only in furtherance of the interests of the private
employer.
E. Carrvino of Weapons
When the officer has consumed alcoholic or intoxicating beverages.
a. Officers are prohibited from carrying off-duty weapons when they expect
to consume anv alcoholic or intoxicating beverage regardless of amount.
b. If an officer decides to consume an alcoholic or intoxicating beverage,
he/she shall secure their weapon in a securable area off the premises in
which the alcohol is going to be consumed. If the officer is at his/her
personal residence, he/she shall secure all department issued and
department approved weapons prior to consuming alcohol.
If)
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F. Review of Off-Duty Arrests
Any officer conducting an off-duty arrest shall complete a report detailing the
circumstances surrounding the arrest. This report shall include the name of the
suspect, witnesses and other involved parties. This report shall be submitted to
the on-duty watch commander, at the time of the incident, with a copy being
fo~rded to the Watch Commander of the officer initiating the arrest for review.
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amuel Hargadi ,Chief of Police
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WARNING
This directive is for departmental use only and does not apply in any criminal or civil
proceeding. The department policy should not be construed as a creation of a higher
legal standard of safety or care in an evidentiary sense with respect to third-party
claims. Violations of this directive will only form the basis for departmental
administrative sanctions.
lOW A CITY POLICE DEPARTMENT
USE OF FORCE REPORT [~_1
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June 2006 ~
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OFFICER DATE INC# INCIDENT -
FORCE USED.:' .
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34 060106 26503 -< t' .. l
Arrest Officers used control f"E~nqu~to i:J
effect the arrest of a(s!)bWtt w&;:had '
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attempted to flee on ~ t and remst
arrest. )> C>
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20 060306 26811 Court Committal Officers used control techniques to take
a resistive subject into custody on a
court committal.
05 060506 27333 Weapons Offense Officer drew sidearm while
investigating a report of a weapons
offense and approaching subjects
armed with a pistol. Subjects were
taken into custody without incident
81 061406 28839 Domestic Officers used control techniques to
prevent a suspect from interfering with
the interview of victim.
48,52,59 061606 29291 Trespass Subject had been placed under arrest,
handcuffed, and seated in the back of a
patrol car. Subject then attempted to
kick the windows out of the squad car
and began hitting their head, Officers
used control techniques and exposed
the subject to a chemical irritant to
prevent further attempts to damage the
property of another and harm
themselves
58 061806 29455 Bar Check Subject attempted to grab an Officer's
sidearm. Officer used control
techniques to prevent this.
60,05 062106 29998 Warrant Arrest Subject attempted to assault an Officer
to prevent the arrest of another. Officer
used active counter measures to deter
the assault. Subj ect then resisted hand
cuffmg efforts. Officers used control
techniques to place the subject in
handcuffs.
06,29,15 062206 30125 Assault Subject was placed under arrest and
resisted handcuffing efforts. Officers
used control techniques to place the
subject in handcuffs.
57
03
062506
062906
30593
31093
Injured Deer
Medical Assist
Officer used sidearm to dispatch an
injured deer.
Officers used control teclmiques while
taking a subj ect who was suffering from
mental distress into custody so that they
could be treated.
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August 8, 2006 Mtg Packet
PCRB COMPLAINT DEADLINES
PCRB Complaint #06-02
Filed:
Chief's Report due (90days):
30-Day Extension Request:
Chief's Report filed:
PCRB Report due (45days):
PCRB Complaint #06-03
Filed:
Chief's Report due (90days):
Chief's Report filed:
PCRB Report due (45days):
03/02/06
05/31/06
06/30/06
06/27/06
08/11/06
08/04/06
11/02/06
POLICE CITIZENS REVIEW BOARD
OFFICE CONTACTS
July 2006
Date
Description
07-11
Individual called and asked a complaint form be mailed to him.