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Home My WebLink About02-13-2007 Police Citizens Review BoardAGENDA POLICE CITIZENS REVIEW BOARD February 13, 2007 — 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 01/09/07 • Minutes of the meeting on 01/16/07 • ICPD General Order #95 -01 (Emergency Operation of Police Vehicles) • ICPD General Order #01 -06 (Juvenile Procedures) • ICPD SOG #07 -02 (Identity Theft) • ICPD Use of Force — December 2006 ITEM NO. 3 OLD BUSINESS ITEM NO. 4 NEW BUSINESS • Meeting Times In -car recording requests 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 • March 13, 2007, TBA, Lobby Conference Room • April 10, 2007, TBA, Lobby Conference Room • May 8, 2007, TBA, Lobby Conference Room • June 12, 2007, TBA, Lobby Conference Room ITEM NO. 10 ADJOURNMENT MEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City DATE: Febrjuary 9, 2007 TO: PCRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on February 13, 2007 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 02/13/07 • Minutes of the meeting on 01/09/07 • Minutes of the meeting on 01/16/07 • ICPD General Order #95 -01 (Emergency Operation of Police Vehicles) • ICPD General Order #01 -06 (Juvenile Procedures) • ICPD SOG #07 -02 (Identity Theft) • ICPD Use of Force — December 2006 • PCRB Complaint Deadlines • PCRB Office Contacts — January 2007 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 — January 9, 2007 CALL TO ORDER: Chair Michael Larson called the meeting to order at 5:35 p.m. MEMBERS PRESENT: Candy Barnhill, Elizabeth Engel, Loren Horton (6:45 p.m.), Greg Roth MEMBERS ABSENT: None STAFF PRESENT: Staff Kellie Tuttle STAFF ABSENT: Legal Counsel Catherine Pugh OTHERS PRESENT: Chief Hargadine, Captain Widmer, Lieutenant Jackson of the ICPD RECOMMENDATIONS TO COUNCIL None. CONSENT CALENDAR Motion by Barnhill and seconded by Roth to adopt the consent calendar as presented or amended. • Minutes of the meeting on 12/18/06 • ICPD General Order #00 -01 (Search and Seizure) • ICPD General Order #01 -01 (Racial Profiling) • ICPD General Order #01 -08 (Criminal Intelligence) • ICPD SOG #01 -21 (Disaster, Communications, Incident Command) • ICPD SOG #07 -01 (Disaster, Communications, Incident Command) • ICPD Use of Force — November 2006 • ICPD Quarterly /Summary Report (all quarters) — IAIR/PCRB, 2006 Motion carried, 4/0, Horton absent. Barnhill requested that the next time General Order 00 -01 (Search and Seizure) is reviewed to go back through and double check the numbering on Definitions (should be III) and on page 9, item G would be a, b, c, d. Engel asked for clarification as to when it's necessary to have the video or audio running during a traffic stop, disturbance call, etc. Chief Hargadine explained that they would like to have officers have it on all the time, but there are instances where there is a foot pursuit and the officer does not have time to turn it on manually. The only thing that automatically triggers the system to turn on is when the overhead lights on. Engel asked if it was expected to have the recording device on if an officer is called to a residence. It is not expected of the officer, Widmer explained that part of the problem is the range of the system. Many factors need to be taken into consideration as to whether the system can transmit: range, atmosphere, building type, battery strength, angle of vehicle, etc. Chief Hargadine said it probably would be expected if an officer was called to a domestic disturbance. The officers have a transmitter on their belt that they can turn [go] V January 9, 2007 Page 2 the system on from which should activate it. Widmer stated that all traffic stops now should be recorded. Other interactions and encounters are a learning process and more and more should start being recorded. Chief Hargadine also explained that the time it takes a supervisor to review an incident, if on video, is about 20 minutes. If the incident is not on video, it takes about 40 hours to investigate the complaint. This was one of the reasons the policy was changed to "shall" was to save time during investigations. Barnhill asked if there was a backup process if the lead officer is involved in interviews etc, and the recording device has not been turned on, can someone else turn it on? Chief Hargadine stated there is an indicator light on the vehicle that let officers know who is recording and who is not so that other officers can trigger the system. Barnhill asked if Field Interviews were considered field activity and were they previously considered discretionary? Widmer responded that it was field activity and previously and currently officers "should" record. It is encouraged strongly, and if they don't it is the supervisor's responsibility to find out why and try to get officers in the habit of doing it. Barnhill asked for clarification with verbal field interview cards and the dispatchers. Widmer explained that for additional information that normally would not go on reports, but the officer wants to remember it just in case, they have the dispatchers make a blotter entry. A blotter entry is when the dispatcher through the CAD system is able to type in information that will stored in on that call. OLD BUSINESS _City Code Section 8- 8 -6(E) / Policy & Procedure for extension requests — Motion by Barnhill and seconded by Engel to table the discussion until legal counsel was present and until the March meeting so Barnhill could be present. Motion carried, 4/0, Roth absent. NEW BUSINESS None. PUBLIC DISCUSSION None. BOARD INFORMATION None. STAFF INFORMATION Tuttle mentioned that the City Council was scheduling times for Boards and Commissions to discuss the FY08 budget. EXECUTIVE SESSION Motion by Barnhill and seconded by Roth 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 W,9 January 9, 2007 Page 3 REGULAR SESSION 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, Horton absent. Open session adjourned at 5:48 P.M. Returned to open session at 6:02 P.M. Motion by Barnhill and seconded by Engel to move Item 9 on the agenda to discuss the meeting schedule. Motion carried, 4/0, Horton absent. MEETING SCHEDULE • February 13, 2007, 5:30 P.M., Lobby Conference Room • March 13, 2007, TBA, Lobby Conference Room • April 10, 2007, TBA, Lobby Conference Room • May 8, 2007, TBA, Lobby Conference Room The Board agreed to cancel the February meeting if an extension is requested for the Chief's report on PCRB Complaint #06 -05, due to a lack of Board business. Barnhill will not be available during most of the month in February for meetings. RETURN TO EXECUTIVE SESSION Motion by Barnhill 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, 4/0, Horton absent. Open session adjourned at 6:05 P.M. (Larson left the meeting due to a conflict of interest.) REGULAR SESSION Returned to open session at 8:30 P.M. YORTOR January 9, 2007 Page 4 Motion by Horton, seconded by Barnhill to request an additional 60 -day extension for Complaint #06 -03, due to further investigation. Motion carried, 4/0, Larson absent. Motion by Roth, seconded by Barnhill requesting staff to send a letter to the complainant of PCRB Complaint #06 -03 advising them of the extended timelines. Motion carried, 4/0, Larson absent. Motion by Horton, seconded by Barnhill asking staff to send a letter to the Police Chief requesting additional information relevant to PCRB Complaint #06 -03. Motion carried, 4/0, Larson absent. ADJOURNMENT Motion for adjournment by Roth and seconded by Barnhill. Motion carried, 4/0, Larson absent. Meeting adjourned at 8:34 P.M. § .§\o* iii.. 2 ƒ # #» �eD } \$�� I \ � � q _ ®n § § ? k n \ ] \ q \ ? § DRAFT POLICE CITIZENS REVIEW BOARD MINUTES — January 16, 2007 CALL TO ORDER: Vice -Chair Elizabeth Engel called the meeting to. order at 8:00 a.m. MEMBERS PRESENT: Candy Barnhill, Loren Horton MEMBERS ABSENT: Greg Roth, Michael Larson STAFF PRESENT: Staff Julie Voparil STAFF ABSENT: Legal Counsel Catherine Pugh OTHERS PRESENT: None RECOMMENDATIONS TO COUNCIL (1) Accept PCRB Report on Complaint #06 -04. MOTIONS Motion by Barnhill, seconded by Horton to forward the Public Report as amended for PCRB Complaint #06 -04 to City Council. Motion carried, 3/0, Roth and Larson absent. ADJOURNMENT Motion for adjournment by Horton and seconded by Barnhill. Motion carried, 3/0, Roth and Larson absent. Meeting adjourned at 8:02 a.m. 7�0>C zzaa4 �••' H rA N fD tp A N �1 A a a kd �a z .. n 0 ro O C" n n z r� e� 0 r� y� rt c�xrr� ��° e = m•�pz n eon C 0 �D 0 �D 0 00 0 00 0 J 7C k k 7C k a kd �a z .. n 0 ro O C" n n z r� e� 0 OPS -06.1 EMERGENCY OPERATION OF POLICE VEHICLES Date of Issue General Order Number January 23, 2001 95 -01 Effective Date Section Code January 23, 2007 OPS -06 Reevaluation Date Amends OPS -06 Issued Feb 1, 1995 January 2008 1 CANCELS OPS -07 SAFETY BELTS C.A.L.E.A. Reference 41.2.1, 41.3.3, 61.3.3 INDEX AS: o Emergency Communications Seat Belts —? ` Traffic Stops Occupant Restraints; ^ Police Vehicle Pursuits s I. PURPOSE The purpose of this order is to clarify the operation of departmental vehicles ift%on- pursuit situations. II. POLICY It is the policy of the Iowa City Police Department to ensure that all departmental vehicles are in safe operating condition and that they will be operated in a safe and legal manner. When responding to a call, members will operate vehicles in compliance with State Law and City Ordinances relating to motor vehicle operations. III. DEFINITIONS Pursuit Driving: for the purpose of this order, pursuit means chasing a fleeing suspect. OPS -06.2 IV. PROCEDURES Police vehicles responding to calls will be operated in either a routine, urgent or emergency mode. These modes are defined as: Routine - Non -life threatening or property damage producing incidents. Le. shoplifting incidents, criminal investigation reports (not in progress), loud noise or disturbance calls, requests for service and other non - emergency calls. Routine responses involve no use of either emergency lights or siren. When an officer is operating in a routine mode, he /she shall obey all laws and ordinances pertaining to motor vehicle operations. Urgent - Immediate response, though there is no imminent threat to life or property. Emergency lights /siren may be used intermittently at the officer's discretion. Le. property damage accident with roadway blocked. Urgent responses involve the use of emergency lights. Emergency (code 3) - An emergency situation exists, and there is an immediate threat to a person or property. Officer should respond with emergency lights and siren. When operating in or responding to an emergency assignment the following guidelines shall be adhered to. Code 3 responses involve the use of emergency lights and siren. Emergency lights should be used at all times while responding to an emergency assignment. A. No unit assigned to departmental personnel shall be driven in such a manner or at such a speed that the operator is unable to safely maintain control of the vehicle. B. No unit shall be driven through an intersection which is controlled by an automatic traffic signal when the red light is showing until said unit has slowed to such a speed that they could safely come to a stop. The officer may then proceed with caution only after determining it is safe to do so C. No unit shall be driven through an intersection which is controlled by a stop sign, until the operator has slowed to such a speed that they could safely come to a stop. The operator may proceed after determining it is safe to do so. D. Sirens shall be used whenever necessary in the judgment of the officer driving the vehicle. (There are many times when the use of a siren is unnecessary and only creates confusion and draws crowds.) E. When emergency equipment is deactivated the responding officer shall obey all traffic laws and proceed in a manner consistent with the normal flow of traffic. Use of Emergency Lights - Emergency lights may be used when, in the opinion of-the 71 operating officer, it is necessary to stop violators and /or alert passing or =oncon g drivers to dangerous situations such as accident scenes. Once the immediate or apparent need for displaying emergency lights is ov thiey shall be turned off. In a case where emergency lights are used to stop a violatothey 4611 be turned off after the violator is stopped and shall not be displayed during the writing of OPS -06.3 a citation or while conversing with the driver unless, in the opinion of the operating officer, the vehicles are stopped in a position that might create a hazard. The use of emergency lights and /or siren are dictated by the particular circumstances of a call. Examples include, but are not limited to: A. Responding to a call where there is an immediate threat to person or property. B. Stopping a vehicle on the roadway. C. At the scene of an accident. D. At a traffic control assignment. E. At the scene of a hazard or roadway obstruction. The spotlight is primarily designed for illumination of the interior of stopped vehicles. The spotlight shall not be used for signaling vehicles. When used to illuminate, the spotlight should be positioned so it will not be directed at oncoming traffic. When responding to an assignment, officers will not operate vehicles at a speed or in such a manner that inhibits his /her ability to control the vehicle. Officers will adhere to the basic rules of traffic safety, regardless of the nature of the assignment. Any officer who is involved in a collision will be required to explain his /her actions. Factors which the officer shall consider in determining the speed at which a police vehicle is operated include but are not limited to: A. the officer's ability to control the vehicle; B. roadway conditions; C. light conditions; D. traffic conditions; E. nature of the offense or situation; F. the danger posed to the public and the officer by the speed of the vehicle. The ultimate responsibility for the safe operation of a police vehicle is with the operator of the vehicle. When responding to a call for service, a self initiated call or a pursuit; officers are expected at all times to exercise the highest degree of care. The operation of a vehicle against traffic on one -way streets or controlled access roadways shall only be performed under the most extreme circumstances and when specifically authorized to do so by a supervisory officer. When an officer is notified of an actual or potential emergency situation by othetthan the communications center, the receiving officer shall report to the coT nunic@bons center the nature and location of the incident. When practical, the name df ttte parson who made the initial notification to the officer should be recorded. - u, -i-I 3i N 011 3 OPS -06.4 PRIORITIZATION OF CALLS FOR SERVICE Calls for service received by the Communications Center shall be assigned a priority category. The priority assigned each call shall be based upon the urgency of the incident reported, with the highest priority given to life - threatening or potentially life - threatening situations. Calls shall be categorized and dispatched according to the following priorities: A. Priority 1: Those calls for service that involve life threatening or potentially life threatening situations are Priority 1 calls. The dispatch of an officer or officers is urgent. If sufficient manpower is unavailable for response, the Emergency Communications Operator (ECO) may call an officer en route to or already on the scene of a call with lesser priority to respond. Examples of Priority 1 calls include but are not limited to; life- threatening medical calls, personal injury crashes, crashes with unknown injuries, officer(s) in need of urgent or emergency assistance, shootings, stabbings, violent domestic dispute calls, citizens' report of an in- progress crime against a person etc. Officers responding to Priority 1 calls may respond in an urgent or Code 3 mode or a combination of both. B. Priority 2: Calls for service which may require an element of surprise to apprehend a perpetrator or require a shortened response time are Priority 2 calls. Such calls include; intrusion or panic alarms, residential alarms or bank alarms when the business is normally open, or reports of felony property crimes in progress. Officers may respond to Priority 2 calls in an emergency (Code 3) or urgent mode, or a combination of both. C. Priori 3: All other routine calls for service which require a timely, but non - emergency response are Priority 3 calls. Examples of Priority 3 calls include but are not limited to; reports of past tense incidents where a preliminary investigation is required and a suspect is no longer present, first -aid calls which do not involve life- threatening circumstances, property damage vehicular crashes, person(s) in custody who are not combative. Officers shall respond to Priority 3 calls in a routine mode. D. Priori 4: Calls for service which are of such nature that they may be taken when the area car is available. Priority 4 calls include but are not limited to ar�mal complaints, parking problems which pose no traffic. hazard, etc. �_OfficerCJWIl respond to Priority 4 calls in a routine mode. t_ N Cn 4 OPS -06.5 UNIT ASSIGNMENT To the extent possible the nearest area car will be assigned as the initial unit of a Priority 1 call and will normally respond in either an urgent or emergency (Code 3) mode. The next nearest unit should be assigned as the second unit to the call. Secondary unit(s) should consider responding in a routine mode. However, if the gravity of the situation and /or the distance to be traversed would unnecessarily delay the arrival of the assisting unit(s), the secondary unit(s) may respond in an urgent or emergency (Code 3) mode. In these circumstances, the responding officers must weigh the jeopardy their response presents to themselves and the public. The assisting officer(s) must remain mindful of the fact that other emergency vehicles may be responding to the area in an emergency (Code 3) mode. To the extent possible, the nearest area car will be assigned as the initial unit on a Priority 2 call and will normally respond in either an urgent or emergency (Code 3) mode. The next nearest unit should be assigned as the second unit to the call. Secondary unit(s) should consider responding in a routine mode. However, if the gravity of the situation and /or the distance to be traversed would unnecessarily delay the arrival of the assisting unit(s) the officer(s) may elevate their response to urgent or emergency (Code 3). Priority 3 calls should be assigned to an area car. If the ECO determines that there will not be an area car available in a reasonable amount of time, the ECO may assign an available unit from another area. To the extent possible, the complainant should be advised by the ECO of a timeframe in which a unit will be responding. When circumstances preclude a unit from responding in a reasonable amount of time the ECO may set up a time convenient with the complainant for an officer to respond. SUPERVISOR RESPONSIBILITIES Watch supervisors have the responsibility to monitor the use of emergency response(s) by subordinates. Supervisors have the authority to upgrade, downgrade, or terminate the response of a subordinate. UNMARKED VEHICLES Operators of unmarked police vehicles should be constantly aware of their reduced visibility and adjust their response and tactics accordingly. While officers in unmarked vehicles may respond to incidents, they should not be assigned as the initial unit on an emergency call. All unmarked vehicles used for traffic enforcement shall be equipped with emergency lights and siren. PURSUIT Officers of the Iowa Ci ty Police Department engaged in pursuit shall yot�ply � Vi th section 321.231 of the Code of Iowa and will be governed by the lowa POce Department General Order # 99 -01 Police Vehicle Pursuits. C, Y r.> 4� OPS -06.6 ESCORT SERVICE At no time shall private vehicles or other emergency vehicles (law enforcement, fire department, ambulance service, etc.) be given an escort by a member of this department. With prior notice a watch supervisor may authorize an escort of a funeral procession or special event. This section does not preclude officers from guiding 'lost" motorists, or providing non - emergency escorts for businesses. OCCUPANT RESTRAINT All employees of the Iowa City Police Department are required to utilize safety belt devices whenever the employee operates a departmental vehicle and shall comply with Iowa Code 321.445 requiring the use of safety belts on all front seat occupants. Persons being transported in the back seat of marked patrol cars should be restrained with a safety belt, when they are cooperative and it does not compromise the safety of the officer(s) involved. Saniuel FfargadiWdhief of Police O cn _IO D TIO 01 OPS -19.1 JUVENILE PROCEDURES Date of Issue General Order Number NOVEMBER 20, 2001 01 -06 Effective Date Section Code January 23, 2007 OPS -19 Reevaluation Date Amends / Cancels JANUARY 2008 Reference INDEX AS: c =� Arrest Investigation Procedures -- Searches 1. PURPOSE �a The purpose of this policy is to provide guidelines for members of the Iowa City flo ice Department when dealing with juveniles in enforcement, custody, and child welfare situations. II. POLICY The Iowa City Police Department is committed to the reduction of juvenile delinquency and committed to the development and continuation of programs designed to prevent and control juvenile delinquency. The Departments juvenile function is the equal responsibility of all members, units and functions within the department. It is the responsibility of all members of the Iowa City Police Department to familiarize themselves with juvenile problems and established procedures for handling both criminal and non - criminal juvenile incidents as defined in this policy. Officers should bear in mind that only a small percentage of juveniles commit the majority of juvenile crimes. While this small percentage may require secure custody, the vast majority of juvenile offenders are likely candidates for non - secure custody and positive diversion and intervention strategies. With this in mind, officers should, when reasonable and justified under this policy, take those measures necessary to effect positive changes in juvenile offenders that are consistent with state law and the safety and security interests of the community. OPS -19.2 III. DEFINITIONS Status Offender: A juvenile who is charged with an offense that would not be a crime if committed by an adult. Responsible Adult: In the absence of a juvenile's parents or legal guardian, a responsible adult is one who is responsible for the physical custody of a juvenile or who is another adult acquaintance of the juvenile's parents or legal guardian who agrees and reasonably demonstrates the ability to provide supervision for the juvenile until parents, guardians or next of kin can assume responsibility. Non - Secure Custody: A condition under which a juvenile's freedom of movement is controlled by members of this agency and, during such time, the juvenile 1. is held in an unlocked, multi - purpose area that is in no way designed for residential use, such as a report writing room or an office or; 2. is at no time handcuffed to any stationary object or; 3. is held only long enough to complete identification, investigation and processing and then released to a parent, guardian or responsible adult or transferred to a juvenile facility or court; or 4. is under continuous visual supervision until released. Secure Custody: A condition in which a juvenile is physically detained or confined in a locked room, set of rooms or a cell that is designated, set aside or used for the specific purpose of securely detaining persons who are in law enforcement custody or when the juvenile is physically secured to a stationary object. IV. PROCEDURES A. Enforcement Alternatives Officers dealing with juveniles in enforcement capacities may exercise reasonable discretion as outlined in this policy in deciding on appropriate actions. Alternatives that may be considered include, but are not limited to; 1. release without further action; 2. informal counseling to inform the youth of the consequences of his actions; 3. informal referrals to community services; -.. 4. referral to parents or responsible adult; 5. informal counseling of parents or responsible adult; 6. limited non - secure custody and warning at the PD; r 7. issuance of summons or complaint; 8. arrest under non - secure custody; and i 9. arrest under secure custody. Upon deciding on an appropriate course of action, officers should abide by Shy notification requirements, consistent with state law and other departmental directives. `? 1 i _l OPS -19.3 B. Enforcement Criteria The following general guidelines may be used in determining appropriate enforcement and related actions that may be taken when dealing with juvenile incidents: I. Release without further action following informal counseling may be appropriate in certain minor incidents. II. When in the officers opinion, more than informal counseling needs to occur, the officer may elect to do one or more of the following: Make contact with the juvenile's parent(s), guardian or other responsible adult; make a delinquency referral to an appropriate community service agency with or without follow -up; detain the juvenile at the PD until he /she can be released to a parent or guardian. These actions may be appropriate when:. A. the incident is of a more serious nature; or B. the attitude conveyed by the juvenile demonstrates a lack of realizing the seriousness of the incident; or C. the juvenile has received prior warning, referrals, or has engaged in previous delinquent acts; or D. the juvenile's parent, guardian or responsible adult fails to provide appropriate control or supervision III. Officers may make a delinquency referral when the circumstances surrounding the incident meet or exceed the seriousness mentioned above. Officers should make a criminal referral against juveniles when they commit: r_; A. Acts that if committed by an adult would be serious misdemeani�5or hi6bar level charge. B. acts involving weapons; _ C. gang related offenses; U D. acts which are assaultive in nature; -i E. acts committed while on probation or when they have charg ", ending '. J against them; r F. acts as repeat offenders or when they have refused to participate i'divers`jn or intervention programs; or G. When it has been determined that parental or other adult supervision is ineffective. When a juvenile is taken into custody and when circumstances warrant, he /she should be transported to the police department or the detention facility as soon as reasonably practical, after being taken in to custody. IV. An officer may also take a juvenile into custody if the juvenile is in imminent danger to life or health, seriously endangered or is a runaway, or in violation of an order of disposition. In all such cases these juveniles shall be held in non - secure custody and officers should contact the juvenile's parent(s) or guardian as soon as reasonably possible. When the parent(s) or guardian cannot be contacted or refuse to accept custody, the officer should contact the Youth Shelter for placement. OPS•19.4 V. In cases of alleged child abuse or endangerment, first insure the safety of the child(ren) / juvenile involved. The watch supervisor should be contacted and a determination made as to if an investigator should be called or whether the responding officer should make telephonic contact with the Department of Human Services and finish the initial report and forward the report before the end of his /her watch to the Investigations section. Copies of all reports shall also be forwarded to the Department of Human Services. Where probable cause exists to support a criminal charge of child abuse, an arrest is justified and the suspect should be taken into custody. If there is insufficient information available at the time to make a determination as to the existence of child abuse, the officer shall, in consultation with the Department of Human Services, take steps to ensure the safety of the child(ren) /juvenile. C. Status Offenses I. Based on the seriousness of and circumstances surrounding the offense, the background and demeanor of the juvenile and other relevant factors, an officer may release a juvenile to his parents, guardian or other responsible adult. Prior to releasing a juvenile to someone other than the parent, the officer shall make reasonable steps to contact the parents for approval of the release. . When the juvenile is released to someone other than a parent, the officer shall identify and document the person taking custody prior to the release of the juvenile. II. Juveniles taken into custody for status offenses may be frisked for weapons prior to being transported. III. Handcuffs or other restraints will only be used when: the juvenile being taken into custody physically resists; threatens physical violence when being taken into custody; is being taken into custody for an alleged delinquent act of violence against a person; or when in the judgment of the officer, the juvenile presents a risk of injury to themselves or others. IV. Officers shall pay particular attention to juveniles under the influence of alcohol or drugs to determine whether emergency medical services are warranted. V. Juveniles taken into custody for status offenses shall be held in non - secure custody, for the purposes of identification, investigation, and related processing requirements to facilitate their release to a parent or responsible adult or transport to a juvenile shelter facility. O =7 VI. Transportation of a juvenile in a "caged" vehicle is not considered secure:eusiody�' v_:, VII. Status offenders and other juveniles taken into custody should not be= placeWin an area with adult suspects and shall also be: 1. under constant observation; 2. afforded reasonable access to toilets and washing facilities; _ 3. provided with access to water or other nourishment as need6d; r� 4. allowed reasonable access to a telephone, OPS -19.5 D. Criminal Offenses I. Juveniles taken into custody for criminal type offenses may be placed in restraints if the juvenile physically resists; threatens physical violence when being taken into custody; is being taken into custody for an alleged delinquent act of violence against a person; or when, in the reasonable judgment of the officer, the juvenile presents a risk of injury to themselves or others. The parent, guardian, or custodian shall be notified as soon as reasonably possible once a juvenile is taken into custody. . II. Unless the juvenile is placed in shelter care or detention, the juvenile shall be released to their parent, guardian, custodian, responsible adult relative, or other adult approved by the court. III. Fingerprints and photographs of juveniles shall be taken in conformance with the Code of Iowa chapter 232.148. IV. Juveniles in custody should be questioned in conformance with the Departmental Juvenile Waiver form. When practical, juveniles should be allowed to consult with their parent(s). To the extent practical, parents should be. allowed to be present during the interrogation of juveniles. Questioning of juveniles should be limited in duration, preferably one hour or less, and questioning limited to two officers. V. Prior to terminating an interrogation, the questioning officer shall advise the juvenile and /or his /her legal guardian or responsible adult of the procedures to be used in making contact with the juvenile court office, in addition to information relating to applicable court appearances or other means of dealing with criminal charges. VI. Prior to requesting consent to search from a juvenile, officers should attempt to contact the person in actual control of the property to be searched. When requesting consent to search from a juvenile, officers shall consider the age of the juvenile. Officers should not request consent to search from juveniles appearing to be under the age of fourteen. When requesting consent to search from a juvenile, the requesting officer shall clearly explain the voluntary nature of the request and the right of the juvenile to refuse the request. A. When officers are unable to contact the person in actual control of the property to be searched, and the search is based on the consent of a juvenile fourteen years of age or older, the officer shall request a supervisor respond to the scene to determine how to proceed. This section does not apply when the property to be searched is a motor�hiclend under the control of a juvenile. E. Reporting OPS -19.6 I. Officers shall document contacts with juveniles on the Departmental Ju enile Complaint form. The form shall be filled out as completely as possible. Juvenile contacts include but are not limited to: A. When a charge is filed or contemplated, other than the exceptions contained in chapter 232.8 of the Code of Iowa. (cite and release exceptions) B. transport of juveniles; C. Field Interview (FI) contacts with juveniles (for juveniles this will be used in lieu of FI cards), in these type situations officers should note on the complaint that it was a FI contact. D. juveniles in the company of others at the proximate time an offense was committed; E. Other circumstances as determined by watch supervisors or the Report Review Officer. II. Officers shall fill out the Incident Report form consistent with those categories in which one is required for adult suspects. III. On an annual basis the Sergeant of Planning and Research shall analyze, evaluate and report on the enforcement and prevention actions taken by the department. The report shall include both a quantitative and qualitative component. The report should contain recommendations for the continuance and /or modification of current departmental efforts and or directives. Saniel Hargadin hief of Police cn Iowa City Police Department Standard Operating Guideline SOG #: Effective date: 07 -02 Janua 23,2007 Subject: Reference: Identity Theft Fraud, Financial Crimes Section: Issue #: Investigations 1 — Com nd 'g re: 00 PURPOSE: The purpose of this guideline is to provide employees with accepting, recording and investigating the crime of identity theft. 5 protocols N IUl fqc Identity theft is one of the fastest growing and most serious economic crimes in the United States for both financial institutions and persons whose identifying information has been illegally used. Identity theft is also a tool that terrorists and those who are attempting to evade the law can use to their advantage. Therefore the Iowa City Police Department shall take those measures necessary to record criminal complaints, assist victims in contacting other relevant investigative and consumer protection agencies, and work with other federal, state and local lave enforcement as well as other reporting agencies to identify perpetrators. DEFINITIONS: Identity Theft: The wrongful use of another person's identifying information such as credit card, social security or driver's license numbers, with the intent to obtain credit, property, services, or other benefit. PRELIMINARY INVESTGATION: All sworn police personnel are authorized to take reports for identity theft occurrences occurring within the City of Iowa City. As in all criminal cases, jurisdiction is determined by the geographic location where the criminal act occurs which includes: a. The county in which the violation occurred t� b. If more than one county involved for violations, any of the involved counties c. The county where the victim resides d. The county where the property that was fraudulently used Or attempted to be used was located at the time of the violation Recording all relevant information and data in such reports is essential to further investigation. Therefore, officers should ful�y record information concerning criminal acts that may have bell committed by illegally using another's personal identity as covered by state and federal law. Because identity theft so often is a multi - jurisdictional crime, it is important for officers to cooperate closely with other agencies in the investigation of identity theft cases. 2. Identity theft includes fraudulent acts committed against an individual when there is evidence that the following types of unauthorized activities have taken place in the victim's name: a. Credit card, debit card, ATM card charges e. Credit card checks written against their account f. Credit card accounts opened or account address changed g. Establishment of a line of credit at a store or obtaining a loan pt a financial institution h. Goods or services purchased in their name i. Gaining access to secure areas j. Used as computer fraud 3. Obtain or verify as appropriate identifying information of the victim o include date of birth, social security number, driver's license numb r, other photo identification, current and most recent prior address S, and telephone numbers 4. Document the nature of the fraud or other crime committed in the victim's name. 5. Determine what types of personal identifying information may have been used to commit these crimes (i.e., social security number, driver's license number, birth certificate, credit card numbers and state of issuance, etc.) and whether any of these have been lost, stolen or potentially misappropriated. 6. Document any information concernin g the financial institutions or related residence or whereabouts of the victim O =-r where the crime took'_�la , -LL companies involved and- at the time of these everfta- Tj rn 7. Determine whether the victim authorized anyone to use his or her name or personal information. 8. Determine whether the victim has knowledge or belief that a specific person or persons have used his or her identity to commit fraud or other crimes. 9. Determine whether the victim is willing to assist in the prosecution of suspects identified in the crime. 10. Determine if the victim has filed a report of the crime with other Iqw enforcement agencies and whether such agency provided the complainant with a report number. 11. If not otherwise provided, document / describe the crime, the documents or information used, and the manner in which the victim's identifying information was obtained. 12, Patrol officers should follow -up /complete the case to the extent practical prior to forwarding the case to the Investigation Section. If the identity theft appears to have national security implications,: supervisor shall be notified immediately. VICTIM ASSISTANCE: -; f J Officers taking reports of identity theft should take those steps real= —at l possible to help victims resolve their problem. This includes providing�iicti with the following suggestions where appropriate: 1. Contact the Federal Trade Commission (1- 877- IDTHEFT), which acts as the nation's clearinghouse for information related to identity theft crimes, for assistance from trained counselors in resolving credit related problems 2. Contact the fraud departments of the three major credit reporting agencies (Equifax (1- 800 - 525 - 6285), Experian (1-888-397-374?), TransUnion (1- 800 - 680 - 7289)], and request a fraud alert on the account and add a victim's statement requesting creditors to contact the victim before opening new accounts in his or her name. Also request copies of your credit report 3. If bank accounts are involved, report the loss to each finangial institution, cancel existing accounts and open new ones with now account numbers. If deemed necessary, place stop payments on outstanding checks and contact creditors to explain 12 If a driver's license is involved, contact the motor vehicle depa the state where issued. If the driver's license uses the socia number, request a new driver's license number. In such ca check with the Social Security Administration to deterr accuracy and integrity of the account In addition, officers should assist the victim in obtaining an identity theft If a person is a victim of identity theft and they have made a report to t department, they may apply through the Iowa City Police Departmi passport by completing an "Identity Theft File / Consent Document" fi passport may then be issued by the Attorney General's office. The pas be used by the victim to prevent arrest or detention when dealing wi committed by the identity thief and when dealing with creditors of the vic.,..,. FOLLOW -UP INVESTIGATIONS: Investigation of identity theft shall include but not be limited to the actions where appropriate: Review the initial report and conduct any follow -up inquiries of vi or others as appropriate for clarification / expansion of information 2. Contact the FTC Consumer Sentinel law enforcement network and search the database for investigative leads 3. Contact other involved or potentially involved law enforcement agencies for collaboration and avoidance of duplication. The e agencies may include, but are not limited to: a. Federal law enforcement agencies such as the U.S. Sec et Service, the Federal Bureau of Investigation and the U.S. Pos al Inspection Service as appropriate whether or not the victim h s filed a crime report with them b. Any state and / or local enforcement agency with which ties., victim has filed a crime report or where there is an in ati nom that the identity theft took place C,I N COMMUNITY AWARENESS AND PREVENTION: - F_ Where reasonable and appropriate, officers engaged in public educ io` /r\, information forums, community crime prevention and awareness presenta ions or m similar speaking or information dissemination efforts should provide the pu lic with information on the nature and prevention of identity theft. IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT December 2006 OFC # DATE INC # INCIDENT FOIXVE USED 31/38 120306 61709 Intoxicated Officers used hands -on control techniques to & Subject restrain, arrest, & transport combative rson. 58 120406 61883 Injured Animal Officer used sidearm to destroy injured Oeer. 28 120506 62094 Domestic Officer responded to report of assault involving 35 121506 Assault a subject armed with a knife. Officer entered to building with sidearm drawn. Officer used restrain & arrest a person that physically hands -on technique to stop subject from, Investigation confronted officer during an leaving. 38 120606 62359 Car/Deer Officer used sidearm to destroy injured ¢leer. - Collision 64308 Disorderly 18 120806 62610 Fight in Officer used hands -on control technique's to Conduct Progress restrain & arrest combative person. 09 120906 62793 Fight Officer used OC to end aggression betty en two 26/02 122106 combative persons that ignored verbal Officer used hands -on control technique commands. 58 120906 62990 Assault Officer used hands -on control techniques & then OC to stop, restrain, & arrest a fleeing & combative suspect. 35 121506 64089 Interference Officer used hands -on control techniques to with restrain & arrest a person that physically Investigation confronted officer during an interview/investigation of another perso - 31/18 121706 64308 Disorderly Officers used hands -on control techniqu s & Conduct OC to control, arrest, & transport a subj ct who was acting violently in a crowd. 26/02 122106 64914 Medical Assist Officer used hands -on control technique help restrain a patient that had become iolent 13 122106 65006 Injured Animal Officer used sidearm to dispatch an injuked animal. 44/05 122606 65524 Shoplifting Officers used hands -on control techniques to restrain, arrest, & transport a combative ubject. 60/24 122806 65675 OWI (suicidal) Officers used hands -on control techniques to restrain combative prisoner /patient. 19/04 122906 65933 Suspicious Officers used hands -on control technique & Person then OC to restrain & arrest an uncooperative & combative person. i February 13, 2007 Mtg Packet PCRB COMPLAINT DEADLINES PCRB Complaint #06 -03 Filed: 08/04/06 Chief's Report due (90days): 11/02/06 Chief's Report filed: 10/19/06 PCRB Report due (45days): 12/04/06 Extension Request (60 days): 02/02/07 Addt'I Ext Request (60 days): 04/03/07 PCRB Complaint #06 -05 Filed: 11/03/06 Chief's Report due (90days): 02/01/07 Chiefs Report filed: 01/25/07 PCRB Report due (45days): 03/12/07 PCRB Complaint #06 -06 Filed: 12/14/06 Chief's Report due (90days): 03/14/07 Chief's Report filed: PCRB Report due (45days): POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS January 2007 Date Description None POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240 -1826 (319) 356 -5041 This is the Report of the Police Citizens Review Board's (the "Board ") review of the investigation of Complaint PCRB #06 -04 (the "Complaint "). BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, Section 8 -8 -713 (2), the Board's job is to review the Police Chiefs Report ( "Report") of his investigation of a complaint. The City Code requires the Board to apply a "reasonable basis" standard of review to the Report and to "give deference" to the Report "because of the Police Chiefs professional expertise ", Section 8 -8 -7 B (2). While the City Code directs the Board to make "Findings of Fact ", it also requires that the Board recommend that the Police Chief reverse or modify his findings only if these findings are "unsupported by substantial evidence', are "unreasonable, arbitrary or capricious" or are "contrary to a Police Department policy or practice, or any Federal, State or local law", Section 8-8 -7 B (2) a,b,c. BOARD'S PROCEDURE The Complaint was received at the Office of the City Clerk on September 15, 2006. As required by Section 8 -8 -5 (B) of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chiefs Report was due on December 14, 2006. The Chiefs Report was filed with the City Clerk on December 11, 2006. M1l CD TO: City Council Complainant -- Stephen Atkins, City Manager i Sam Hargadine, Chief of Police Officer(s) involved in complaint `= FROM: Police Citizens Review Board RE: Investigation of PCRB Complaint # 06 -04 DATE: January 16, 2007 This is the Report of the Police Citizens Review Board's (the "Board ") review of the investigation of Complaint PCRB #06 -04 (the "Complaint "). BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, Section 8 -8 -713 (2), the Board's job is to review the Police Chiefs Report ( "Report") of his investigation of a complaint. The City Code requires the Board to apply a "reasonable basis" standard of review to the Report and to "give deference" to the Report "because of the Police Chiefs professional expertise ", Section 8 -8 -7 B (2). While the City Code directs the Board to make "Findings of Fact ", it also requires that the Board recommend that the Police Chief reverse or modify his findings only if these findings are "unsupported by substantial evidence', are "unreasonable, arbitrary or capricious" or are "contrary to a Police Department policy or practice, or any Federal, State or local law", Section 8-8 -7 B (2) a,b,c. BOARD'S PROCEDURE The Complaint was received at the Office of the City Clerk on September 15, 2006. As required by Section 8 -8 -5 (B) of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chiefs Report was due on December 14, 2006. The Chiefs Report was filed with the City Clerk on December 11, 2006. The Board voted to review the Chiefs Report in accordance with Section 9 -9 -7 B (1) (a), "on the record with no additional investigation ". The Board met to consider the Chiefs Report on December 18, 2006, January 9, 2007 and January 16, 2007. FINDINGS OF FACT The Complainant alleged that during a routine traffic stop on July 10, 2006, he was arrested when he refused to sign a seatbelt ticket. The Complainant was charged with an "Expired Registration" violation and "Failure to [properly] use seatbelt ". The Complainant did not dispute the expired registration violation, but asserted that he was wearing his seatbelt. He was wearing the strap under his arm, instead of over his shoulder, as is required. After his arrest, the Complainant was transported to the Johnson County Jail. The Complainant asserted that the action of the officers involved was "inappropriate behavior" and the arrest was "wrongful ". Following his release from Jail, the Complainant returned to the Police Department to discuss the incident with a supervisor. The arresting officer activated his in -car recorder and the recording was reviewed twice during the meeting. The Complainant appeared in Magistrate's Court on September 20, 2006 on the seatbelt charge. Prior to this appearance he had pleaded guilty to the expired registration violation. The Magistrate found the Complainant guilty of the seatbelt violation. CONCLUSIONS By a vote of 4 -0 with one member absent, the Board set the level of review at 8 -8 -7 (B) (1) a, "on the record with no additional investigation ". After reviewing the complaints and the Chiefs Report, the Board concluded that the complaints were not substantiated. The evidence from the in -car recorder did not uphold the Complainant's version of events. Allegation # 1: Inappropriate Behavior. NOT SUSTAINED. No evidence supporting this claim was contained in the documentation or the video of the incident. Allegation # 2: Wrongful Arrest. NOT SUSTAINED. The verdict in Magistrate's Court demonstrated that the arrest was correct according to state law. The policies and practices of the Iowa City Police Department were followed. COMMENTS The Board commends the officer(s) involved for activating the in -car recorder so a video could be reviewed. State law does not require an officer to summon a supervisor upon refusal of a citizen to sign a citation. State law does require that the sea bbelt bV_vvorn properly. 2