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HomeMy WebLinkAbout07-10-2007 Police Citizens Review BoardAGENDA POLICE CITIZENS REVIEW BOARD July 10, 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 05/07/07 • ICPD General Order 89 -04 (Civil Rights) • ICPD General Order 99 -09 (Vehicle Crashes) • ICPD General Order 00 -02 (Harassment and Sexual Harassment) • ICPD General Order 00 -03 (Less Lethal Impact Munitions) • ICPD SOG 01 -03 (Emergency Communications) • ICPD Use of Force Report — March 2007 • ICPD Use of Force Report — April 2007 ITEM NO. 3 OLD BUSINESS ITEM NO.4 NEW BUSINESS ITEM NO. 5 PUBLIC DISCUSSION ITEM NO. 6 BOARD INFORMATION ITEM NO. 7 STAFF INFORMATION ITEM NO. 8 CONSIDER MOTION TO ADJOURN TO EXECUTIVE SESSION based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22 -7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. ITEM NO. 9 MEETING SCHEDULE and FUTURE AGENDAS • August 14, 2007,5:30 P.M., Lobby Conference Room • September 11, 2007, 5:30 P.M., Lobby Conference Room • October 9, 2007, 5:30 P.M., Lobby Conference Room • November 13, 2007, 5:30 P.M., Lobby Conference Room ITEM NO. 10 ADJOURNMENT MEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City DATE: July 6, 2007 TO: PCRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on July 10, 2007 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 07/10/07 • Minutes of the meeting on 05/07/07 • ICPD General Order 89 -04 (Civil Rights) • ICPD General Order 99 -09 (Vehicle Crashes) • ICPD General Order 00 -02 (Harassment and Sexual Harassment) • ICPD General Order 00 -03 (Less Lethal Impact Munitions) • ICPD General Order 00 -07 (Police Cyclist) • ICPD SOG 01 -03 (Emergency Communications) • ICPD SOG 07 -03 (CBRN Awareness Guidelines) • ICPD Use of Force Report — March 2007 • ICPD Use of Force Report — April 2007 • E -mail from Captain Widmer regarding Use of Force Statistics • PCRB Office Contacts — May 2007 • PCRB Office Contacts — June 2007 • PCRB Annual Report — DRAFT #1 Other resources available: National Association for Civilian Oversight of Law Enforcement NACOLE provides information regarding civilian oversight in law enforcement nation wide. For more information see: www.NACOLE.org DRAFT POLICE CITIZENS REVIEW BOARD MINUTES — May 7, 2007 CALL TO ORDER: Chair Michael Larson called the meeting to order at 5:32 p.m. MEMBERS PRESENT: Candy Barnhill, Elizabeth Engel, Loren Horton MEMBERS ABSENT: Greg Roth STAFF PRESENT: Staff Kellie Tuttle, Legal Counsel Catherine Pugh STAFF ABSENT: None OTHERS PRESENT: Captain Tom Widmer of the ICPD; and public, Nick Petersen RECOMMENDATIONS TO COUNCIL (1) Accept PCRB Report on Complaint #06 -06. CONSENT CALENDAR Motion by Horton and seconded by Engel to adopt the consent calendar as presented or amended. • Minutes of the meeting on 04/10/07 • ICPD General Order 99 -03 (Prisoner Transport) • ICPD General Order 99 -04 (Canine Operations) • ICPD General Order 99 -05 (Use of Force) • ICPD Department Memo 07 -23 (January- February Use of Force Review) Motion carried, 4/0, Roth absent. Barnhill had an amendment to the April 10th minutes. Barnhill also asked Captain Widmer for clarification on General Order 99 -03 (Prisoner Transport) regarding the definition of "Prisoner" and /or if it was meant to be the same as "Arrestee ". Barnhill also asked how often the ICPD transported "Prisoners" or if the majority of the transports were "Arrestees ". Widmer stated that the majority of their transports would be "Arrestees" going to the Johnson County Jail and that "Arrestees" are covered under "Prisoners" for this General Order. OLD BUSINESS Barnhill asked the status of the change in the City Code recommended by the Board. Tuttle informed her that it had been passed by the City Council at the May 1St meeting. NEW BUSINESS Use of Force Reports - The Board wanted clarification as to when a Use of Force gets put on the monthly report that is received from the ICPD or if all Use of Force get put on the report. Widmer explained that if a Use of Force report is filled out by an officer, it will be added to the monthly report that goes to the Board. The Board asked Widmer to check into a Use of Force that did not show up on a monthly report. Widmer speculated that it may have inadvertently been left off. The information is compiled manually, but that there are cross - checks and it should not have been left off. PCRB May 7, 2007 Page 2 PUBLIC DISCUSSION None. BOARD INFORMATION Horton notified the Board that he had an interview with Nick Petersen, a UI Journalism Student. Engel also stated that she had interviewed with him. STAFF INFORMATION None. EXECUTIVE SESSION Motion by Barnhill and seconded by Horton 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 5:42 P.M. REGULAR SESSION Returned to open session at 6:07 P.M. Motion by Engel, seconded by Barnhill to forward the Public Report as amended for PCRB Complaint #06 -06 to City Council. Motion carried, 4/0, Roth absent. MEETING SCHEDULE • June 12, 2007, 5:30 P.M., Lobby Conference Room (CANCELLED) • July 10, 2007, 5:30 P.M., Lobby Conference Room • August 14, 2007, 5:30 P.M., Lobby Conference Room • September 11, 2007,5:30 P.M., Lobby Conference Room Motion by Barnhill, seconded by Horton to cancel the June meeting due to the lack of Board business. Motion carried, 4/0, Roth absent. ADJOURNMENT Motion for adjournment by Horton and seconded by Barnhill. Motion carried, 4/0, Roth absent. Meeting adjourned at 6:09 P.M. zz��ro ooCC� CA CA rA H N � � d z d o � o �1 O It IO l I ^�I l 1 l 1 y O G GrQ IQ �z 0 0 0 0 0b N 0 W x o X x H N � � d z d o � o �1 O It IO l I ^�I l 1 l 1 y O G CIVIL RIGHTS Date of Issue General Order Number Cj May 5, 2000 189-04 Effective Date Mav 21. 2007 Reevaluation Date Mav 2008 Section Code LEG -01 Amends / Cancels C.A.L.E.A. Reference 1.2.3, 1.2.5 INDEX AS: Civil Rights Rights, Civil Rights, Individual Arrests Warrants Search and Seizure LEG -01.1 Use of Force Ti"i I. .PURPOSE The purpose of this order is to consolidate the policy of the Iowa City Police Department on civil rights as already expressed in current Department rules, directives, and other publications. This order will reaffirm the Department's determination to observe, uphold, and enforce all laws pertaining to the individual rights of each person without regard to age, race, color, creed, religion, sex, national origin, economic status, marital status, disability, sexual orientation or gender identity. II. POLICY It is the policy of the' Iowa City Police Department to ensure that the civil rights of the citizens of Iowa City are upheld. Members of the department shall ensure that all constitutional protections are afforded those parties with whom the department is involved. LEG -01.2 111. PROCEDURES INDIVIDUAL RIGHTS A. All persons are guaranteed protection against unlawful arrest and unreasonable search or seizure. (see general order 00 -01, Search and Seizure) B. Department personnel shall uphold these rights by: 1. Taking a person into custody only when there is reasonable grounds to believe that: a. An arrest warrant exists for the person, or b. The person has committed or is committing a violation of the law. c. The person may be a harm to themselves or others 2. Entering a private dwelling only when he /she: a. Has in his /her possession a search warrant authorizing him /her to do so, or b. Has reason to believe that immediate entry is necessary to protect a person within such private dwelling from death or serious injury, or c. Can otherwise legally justify his /her action. 3. Taking from an individual only such property as he /she is legally authorized to take, and recognizing that he /she is responsible and must account for all such property. C. When making an arrest or searching and seizing property, Department personnel shall use only such force which is reasonable and necejary and in compliance with departmental directives pertaining tpttle u� of force. (see general order 99 -05, Use of Force) = -T-I D. At all times Department personnel shall: 1. Never exhibit any bias or prejudice against any group or individ(o w > c� 2. Act, speak, and conduct themselves in such a manner as to treat all persons with courtesy and with that respect due to every person as a human being. LEG -01.3 CITIZENS GUARANTEE A. All persons of this country are guaranteed the right to seek redress of grievances by: 1. Freedom of speech 2. Peaceful assembly 3. Peaceful picketing 4. Distribution of handbills providing such distribution is not in conflict with the provisions of any City Ordinance. B. The rights set out in paragraph A, above, while fundamental in our democratic society, do not mean that everyone with opinions or beliefs to express may do so at any public place and at any time. The constitutional guarantee of liberty implies the existence of an organized society maintaining public order, without which liberty itself would be lost in excesses of anarchy. The exercise of these rights of free expression must not: 1. Conflict with the governmental responsibility to keep public streets and public facilities open and available for public use. 2. Include the use of inflammatory remarks related to any instance where a clear and present danger of a riot against any person or group of persons exists. C. Resources of the Department will be employed to rapidly and decisively enforce statutes and ordinances which provide for the protection of the rights and property of all persons. 1. To the extent possible, Watch Commanders will assure that adequate staffing is available to control and maintain order in every instance where crowds have formed or are expected to form. 2. Police personnel in command at the scene of any assembly must be aware of their responsibility to afford protection to both participarr and non - participants, and will deal with illegal acts promptly, %isively -and impartially. -, 4 y c�'t LEG -01.4 ARRESTED PERSONS A. All persons of this country, in keeping with our democratic processes, are guaranteed certain basic constitutional safeguards. These safeguards will not be denied any person even though he /she has committed, or is suspected of having committed, a criminal act. B. Department personnel will at all times be aware of a prisoner's rights and shall: 1. Permit the prisoner to communicate with his /her attorney and /or a family by making a reasonable number of telephone calls. 2. Expedite all necessary processing so the prisoner will be detained no longer than necessary. I Never use force or coercion in seeking admissions of guilt or confessions. 4. Recognize and respect the prisoner's right to refuse to give evidence against him /herself; however, there is no encroachment upon a prisoner's rights if he /she should voluntarily supply such information. RESPONSIBILITY Each officer shall familiarize him /herself with the laws and Department directives pertaining to civil rights to insure his /her: _ C� A. Recognition of each person's civil rights and B. Compliance with all laws and, Department directives relating t'iwil ngihts. VIOLATIONS Cn r . c Violations of this policy may be the basis of disciplinary action up to—and including discharge from the Department. Egregious violations of persons' civil rights may result in individual liability and /or criminal sanctions. Sa el Hargadi Chief of Police 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. OPS -13.1 VEHICLE CRASHES Date of Issue General Order Number October 6, 1999 199-09 Effective Date Section Code June 6, 2007 OPS -13 Reevaluation Date Amends /Cancels June 2010 C. A. L. E. A. --[-Re-ference 61.1.1, 61.2.1 -4, 61.3.1 -3 INDEX AS: ` Vehicle Crashes Traffic Control Accidents Traffic Direction'V' Accident Investigation Impounds a I. PURPOSE The ultimate goal of traffic enforcement is to reduce the number and severity of vehicle crashes. Motor vehicle crashes continue to be a health and safety issue facing our community; these crashes can result in significant injuries and death to persons of all ages, along with a significant amount of property damage. Creating a safe motoring community can be achieved through education to citizens, liaisons and partnerships with other agencies within the community to promote safe driving, and preventative patrol combined with enforcement by officers. 1i. POLICY It is the policy of the Iowa City Police Department to report ,motor Vehicle crashes pursuant to Iowa law. Members of the Department will investigate crashes in an attempt to determine the cause and identify violations of Federal or State law and /or. City ordinance. Officers will enforce applicable laws consistent with the department's general order pertaining to Traffic. When called upon the Department will assist other departments or agencies in identifying and /or minimizing potential hazards to the motoring public. IV. OPS 13.2 DEFINITIONS r -. PROCEDURES MOTOR VEHICLE CRASHES r �` The Iowa City Police Department will respond to all vehicle crashes which o&ur within the corporate limits of Iowa City. Members of this department will comply with state reporting requirements. (See Iowa Code 321.266) In incidents that do not meet the state mandated reporting requirements, officers will respond and will fill out an "accident report" for submission to Iowa City Police Department records section. All accidents will be sufficiently investigated to determine the facts surrounding the accident. In addition to the aforementioned reporting and investigation guidelines, the following motor vehicle crash investigation guidelines should be adhered to. A. Fatality or Serious Injury Crash. A motor vehicle crash resulting in a fatality or serious injury likely to lead to a fatality will be investigated as thoroughly as possible. An accident investigator trained through the level of Reconstruction ist will be called to the scene. Whenever possible he /she should be assisted by an officer trained through the technical level in accident investigation. When it is necessary to call an off duty investigator to assist a Reconstruction ist, preference may be given to calling another Reconstruction ist if available. B. In instances where a motor vehicle crash results in an injury, the first responding officer should consider the severity and nature of the injury in determining whether to call an accident investigator to the scene. If an accident investigator is not immediately available the officer should contact a watch supervisor, who may authorize the call -in of an off duty accident investigator. 1. When a Technical Accident Investigator or an Accident Reconstructionist is called to the scene, they shall complete their investigation within 30 days. If the report is not completed within this period, the Watch Commander shall inform the Commanding Officer of Field Operations of the fact, along with the reasons why the report has not been completed and an anticipated date for completion of the report. C. In any instance that there is a likelihood of city liability, a person trained through the technical level of accident investigation should be called to the scene. This includes instances where a city vehicle is involved in an injury crash, regardless of "fault ". In these instances, a copy of the state accident report and any technical investigative reports will be forwarded to the Commander of Field Operations or his /her designee. He /she will forward the reports to the City Attorney's Office and to other city departments as requested. OPS 13.3 D. Hit and Run Crashes. Hit and run crashes will be investigated to the extent possible. Upon arrival at the scene the responding officer should broadcast any suspect vehicle or driver information as soon as possible. E. Crashes involving intoxicated, impaired, drugged or ". 02" drivers should be investigated according to applicable departmental procedures. The involvement of alcohol or drugs should be handled according to specific departmental policies /procedures pertaining to OWL In instances where the consumption of alcohol or drugs is suspected and serious injury or fatality results, the officer should notify a watch supervisor. The supervisor or officer may contact the on -call county attorney for advice on how to proceed. F. In incidents in which a commercial carrier carrying hazardous materials is involved in a motor vehicle crash, officers will comply with departmental guidelines relating to commercial carriers. If the crash results in a breach of a container or a discharge from a container, the officer shall immediately notify communications who should then notify a watch supervisor. If possible, the officer will evacuate the immediate area around the vehicle until the Iowa City Fire Department responds. The Iowa City Fire Department will be notified and will make the determination if the Johnson County HAZMAT team will be requested to respond to the scene. The Iowa City Fire Department or, if applicable, the Johnson County HAZMAT team, will have primary responsibility pertaining to any discharge of hazardous materials from a vehicle involved in a motor vehicle crash. The responding Fire or HAZMAT supervisor will determine the extent of any evacuation. Officers should attempt to ensure that the hazardous material reporting requirements in the Code of Iowa are complied with. An officer trained through the technical level of accident investigation should be called to the scene in which theros a discharge of hazardous materials from a commercial carrier. (-�Jn inciitnts involving hazardous materials, SAFETY is the paramount consid tipn.-J G. In incidents where the persons involved in a motor vehicle cih begme engaged in a dispute, officers should expedite their response tat the scene. Upon arrival the officer(s) should take charge of the scene and rai the confronting parties. H. If a motor vehicle crash results in major congestion, the first responding officer should request additional units as available to assist in traffic control. In instances where there are no injuries and the resulting congestion poses a hazard to the motoring public, the officer may consider moving the involved vehicle(s). If this is not practical or possible the officer(s) may elect to establish a safe traffic pattern and wait for additional units prior to initiating any investigation or report related to the crash. I. In instances where damage to a vehicle is such that the vehicle is inoperable or unsafe to operate, the officer should ensure the vehicle is either in a position where it will not impede or obstruct the safe flow of traffic or see that the vehicle is removed from the scene. When an operator elects to have their OPS 13.4 vehicle towed, the officer should try to honor their choice in towing services provided the service can respond in a reasonable amount of time. In instances where the operator is unable to remain at the scene the officer may contact the towing service requested by the operator, or if they signify no preference, contact the service which currently is under contract with the city. Removal of a vehicle from an accident scene, in and of itself, does not constitute an impound of the vehicle. J. In instances where the operator is unable to indicate a preference for the disposition of their vehicle and property and there is no one present to act on behalf of the operator, the officer should ensure the property belonging to the crash victim is protected. If there are items of value in the vehicle, the officer may take control of the property for safekeeping. If an officer takes control of the property of an accident victim, it shall be documented on a property form and submitted to the departmental property custodian. If the vehicle is towed by officers an impound form shall still be completed. K. In instances where an accident investigator requests a vehicle be impounded, the department member handling the tow will follow departmental guidelines pertaining to impounds. There should be a hold placed on the vehicle under the investigating officer's name. No property should be released from the interior of the vehicle without the authorization of the investigating officer. In instances where a person requests personal belongings from the interior of a "held" vehicle, and the investigator is unable to be reached, a supervisor may elect to approve the release of certain personal property from the vehicle. In these instances, the supervisor approving the release or his / her designee will accompany the person to the impound facility and will deliver the requested item(s) to the person. At no time should the person be allowed to have physical contact with the vehicle. The authorizing supervisor will complete an impounded vehicle Property Release Form detailing the circumstances surrounding the release. L. Watch supervisors have the authority to suspend accident investigations involving only property damage during emergency situations. These may include, but are not limited to, snow or ice emergencies when the number of accidents is such that it is not possible to respond to each location, or an emergency operation in which the majority of the available officers are engaged in an emergency type situation. In these types of incidents, the caller should be advised that there are not currently personnel available to respond and be requested to contact the department in person or on the phone sometime after the start of the following watch. The caller should be advised that in the interim, if possible, names, addresses, phoT numrs and vehicle information should be exchanged. The communicaWn peiton receiving the call should obtain all available information for entrA4e CAD system. M. The Iowa City Police Department will use the expertise of the City -,Qf' owa_'City Traffic Engineering office to analyze data pertaining to motor vef le�crasbes' C-i OPS 13.5 within the city. Using the analysis provided by Traffic Engineering the department will implement traffic enforcement strategies to minimize the number and severity of motor vehicle crashes. On an annual basis an analysis and review of the current traffic enforcement activities in comparison to data from previous years will be completed. Officers assigned to a motor vehicle accident will respond promptly and proceed to the scene as quickly as traffic conditions allow. Response will be guided by departmental vehicle operations guidelines. A. During the approach to the scene, officers should be alert for conditions or factors which may be related to the crash. B. Upon arrival at the scene, the officer(s) should park in a manner to best protect the scene and minimize danger to the public. C. The first responding officer will then attempt to identify situations, which will require immediate attention or additional assistance such as injuries, HAZMAT situations, or fire, and should request additional police or rep 'Que units as appropriate. D. If injuries are present the initial officer should render immediate -,caTe t6--the greatest extent possible. f.. -, r! , -= E. Once care of the injured is insured and the scene is protected CQ- he extent possible the officer should determine if the assistance of ;ii "acdaent investigator is required or needed. If so, communications should be acMsed of the situation and notification made. F. In cases of injury or death the initial officer should attempt to locate and identify any potential witnesses. This includes the identification of injured parties and passengers as well as onlookers. G. Once the scene is secured and witnesses identified, the first responding officer should attempt to locate and, if possible, document any evidence. If assistance is needed for the documentation of evidence the officer may contact an accident investigator or Crime Scene Technician (CST) depending on the type of evidence to be documented. All evidence collected shall be handled according to departmental guidelines on evidence. If it is determined that the scene extends beyond the point initially protected by the officer, the expanded scene should be protected to the greatest extent possible prior to completion of documentation or evidence collection. The first responding officer is responsible for the completion of all required reports unless relieved of the responsibility by a supervisor. In instances where an accident investigator(s) responds to the scene, he /she will be responsible for the technical investigation of the crash and all technical reports relative to the investigation. In situations where more than one accident investigator is OPS 13.6 involved, the officer trained to the highest level will be designated the lead investigator. If two investigators of equal training are on scene, the person with greater experience in the field shall be the lead investigator. The lead investigator may call additional investigators as necessary with the approval of an on duty watch supervisor. If a commercial vehicle is involved in the crash, the lead investigator may request the assistance of personnel trained in commercial vehicle inspections. If assistance is needed in the collection or documentation of evidence, the lead investigator may call for the assistance of a CST. In instances where the victims /witnesses have been transported or otherwise left the scene, the lead investigator may, with the approval of a watch supervisor, make arrangements to have the parties interviewed and /or statements recorded. These interviews may be by one of the investigators or another officer assigned to the task. If the interview is to be conducted by someone other than one of the accident investigators, the interviewer should be provided a list of issues which the investigator(s) wish to be covered. In instances where the vehicle is impounded for investigation, the lead investigator may make arrangements for inspecting, documenting or otherwise viewing the vehicle at a future time. The lead investigator may make arrangements to consult with other city departments i.e. traffic engineering, streets, as needed. When a member of the Iowa City Police Department receives a complaint or concern relative to traffic safety or traffic engineering, the receiving member will document the information to the greatest extent possible. If the question is one, which requires further investigation or research, the concern /request should be forwarded to the Traffic Engineering Planner. The Sergeant in charge of planning and research will forward motor vehicle crash data to the Traffic Engineering Planner. 0 TRAFFIC DIRECTION AND CONTROL The purpose of this section is to establish procedures for traffic dfr d ion Eland J control. A. Manual Traffic Direction a; 1. Manual traffic direction will be used in situations when there a--a failgrg of normal traffic control signals, during emergencies, at accidents, or When other traffic control devices are not present or adequate. 2. Effective manual traffic direction is dependent upon the use of clear and easily understood gestures and the high visibility of the person directing traffic. 3. In order to provide for officer safety and driver recognition and response, reflective, high visibility vests are provided in patrol vehicles and issued to all officers. Unless extenuating circumstances prevent, all personnel directing traffic shall wear the provided vests. 4. Members performing traffic direction and control will ensure that their presence and purpose are appropriately indicated to drivers and pedestrians. This may be accomplished by positioning so that they can clearly be seen by all parties. OPS 13.7 5. Officers directing traffic may utilize flashlights, traffic wand, road flares, and /or traffic cones while manually directing traffic. These will be used in a manner to enhance visibility. 6. Officers will remain calm and professional whenever directing traffic. When drivers or pedestrians fail to understand or obey hand signals, the officer will handle these instances with professionalism. 7. Manual signals for traffic direction should be consistent with departmental training. B. Emergency Traffic Direction 1. Fire Scenes: Members of this department will assist fire operations by: 2. consulting with the fire officer in charge of a scene to determine their needs; 3. providing protection for the fire scene and for fire rescue equipment 4. setting up perimeter traffic control points to allow for the entrance and exit of emergency vehicles and personnel authorized to be at the scene; C. Adverse Road and Weather Conditions Adverse road and weather conditions may include but are not limited to: 1. accident hazards such as debris, downed power lines, fallen poles, hazardous material spill /leak; 2. acts of nature such as snow, ice, and flooding Upon discovering an adverse road or weather condition affecting safe roadway travel, members of this department are expected to notify communications and the watch supervisor. A decision will be made as to how best correct or control the situation. The supervisor may direct that the appropriate city department be notified of and asked to respond to the incident. Members of the Iowa City Police Department will provide traffic direction, control services and scene protection when the presence of adverse road and weather conditions warrant such steps. Direction or control will be maintained until appropriate steps have been taken to alleviate the situation. D. Manual Operation of Traffic Signals F_ 1. Manual operation of traffic control signals may be necessary indDe cas�of accidents or other emergencies, or to alleviate traffic congestict Tesulting from a specific event.' 2. In instances of a traffic signal malfunction, the lights may be s!o- "fl* mode if this will not cause undue problems, until the appropriate<aq-6ncy or department can respond to correct the problem. E. Temporary Traffic Control Device 1. Temporary traffic control devices may be used in either pre - planned events or to serve as a temporary measure for unusual or emergency situations. In the event that a temporary traffic control device is used, due to an emergency situation, contact will be made with the agency or OPS 13.8 department who is responsible for the applicable roadway or signal. Officers should periodically check any temporary traffic control devices in their area to ensure that they are situated appropriately, or at times of high traffic volume, require additional traffic control efforts. 2. In instances where a temporary traffic control device will be in place for an extended duration, the commander of the day watch will make contact with the appropriate department or agency to inform them of the location, nature and reason for the temporary device; and will request they review the nature and placement of the device for appropriateness. 3. When temporary traffic control devices have been placed by a private contractor or an entity of the City, due to construction, it shall be the responsibility of the placing entity to erect, place and maintain all such devices. Officers should periodically check construction sites in their area to determine the integrity and effectiveness of the device. If a device is not in place, not functioning, not visible or otherwise creates a hazard for the motoring public, the placing entity should be contacted to correct the situation. MOTORIST ASSISTS A. Disabled vehicles on the roadway present a hazard both to the stranded motorist and to other roadway users. For this reason, officers will offer reasonable assistance when possible to motorists who appear to be in need of assistance. B. Stranded motorists should not be left unattended when they appear to be exposed to hazardous situations. Due consideration shall be afforded stranded motorists for factors that contribute to hazardous conditions such as; location, time of day, weather, and current priority of calls for service. When circumstances preclude an officer from remaining with the motorist, steps should be taken to enhance the visibility of the vehicle and to warn oncoming drivers of the hazard. C. Officers should freely and courteously provide information and directions when asked, and shall attempt to remain familiar with various services and facilities available to help motorist. Le., 24 hour services. 0 D. Officers may, with supervisory approval, transport stranded motots is to the nearest convenient location where assistance may be obtained. j cu E. When hazardous weather conditions exist, communications mayA 'J4 to disseminate road hazard, travel and road closing information wit�-K'theteity, or, refer citizens to the roadway condition number where such infor�iation�ay be obtained. F. In the event that the operator of a disabled vehicle is unable to obtain their own towing service, or have no preference, the officer may request communications contact an available towing company. OPS 13.9 G. If emergency medical or fire assistance is needed, the officer will notify communications of the nature of the emergency and request the services the officer feels are necessary. H. A member of this department should not physically push or repair stalled vehicles, jump - start, or change a tire on any vehicle not owned by the City, except in emergency situations. When an officer comes across a roadway hazard the officer should take steps to alleviate or minimize the potential hazard. The officer should notify communications of the nature and location of the hazard and request that communications contact the appropriate agency or department to correct the situation. If the hazard is discovered after "regular" business hours, the communications section should forward the request for service to the appropriate department the next business day. In instances where the hazard is such that some type of traffic control device is needed control the hazard, the officer may arrange to pickup the needed device him /herself or contact the Streets Department to respond with the necessary devices. In instances where the hazard is such that immediate repair is required, the officer should request communications page the appropriate department, advise them of the location and nature of the hazard and request they respond to the scene. VEHICLE IMPOUNDS Members of this department may encounter a variety of circumstances requiring the impound of a motor vehicle. These actions are to be guided by state code and /or city ordinance. When the operator of a motor vehicle is arrested the following guidelines stk9uld be adhered to. 0 A. Vehicles requiring identification processing or use in follow -up ir�aestiga�ans_ should be impounded. The officer should request the towing coany pface _ the vehicle in a secured facility. r B. If the operator of the vehicle is the owner, leaseholder, or imm diate family member of the owner /lease holder, the vehicle may be released to an el6jble driver on the scene, with the permission of the operator. C. If there is not an eligible driver available, the officer may impound the vehicle. In instances where the vehicle is impounded pursuant to an arrest, the department member impounding the vehicle will complete an Iowa City Police Impound Report. When appropriate, the keys should be placed in the possession of the operator of the vehicle. The arresting officer may search the vehicle incident to arrest. The impounding member may inventory the vehicle. In all instances, the impounding party shall note items of value. D. If there is not an eligible driver available, the officer, with the permission of the operator may elect to park the vehicle in an appropriate location. If the OPS 13.10 vehicle is parked, the location should be noted and the vehicle operator advised of the location. If there are items of value or weapons in the vehicle, the officer should consider taking these items into his /her possession. In these instances, a property form shall be completed and the items submitted to the property custodian. E. In instances where a driver is taken into custody for an .02 investigation, the preferred action is to park the vehicle. When the situation is such that this is not practical, the officer may impound the vehicle. F. Upon recovering a stolen vehicle, the officer should request communications contact the originating agency. To the greatest extent possible the recovering officer should honor the requests of the originating agency. In instances where the originating agency is not able to respond within a reasonable amount of time, or at their request, the officer may impound the vehicle. If the Iowa City Police Department is the originating agency the vehicle may be held for processing. If a decision is made not to process the vehicle, or upon completion of the processing, the officer should contact the reporting party reference the recovery of the vehicle. The status of any keys, valuables, and vehicle condition should be provided if known. If the vehicle is legally parked and the victim wishes the vehicle left at the present location, the officer may leave the vehicle where parked. If the victim cannot be contacted or the vehicle is parked in an illegal or hazardous manner or the victim is unable to respond in a reasonable amount of time the officer should impound the vehicle. When a vehicle is parked or left in such a manner as to create a hazard, or is otherwise abandoned, members of this department may impound the vehicle pursuant to chapter 321.89 of the Code of Iowa. In these instances, the officer shall complete an Iowa City Police Impound Report. When a member of this department is requested to impound a motor vehicle from private property, the impounding officer shall complete an Iowa City Police Impound Report. The person in control of the private property must sign the authorization form on the impound report prior to the impound of the vehicle, If the officer is unsure as to the authority of the party requesting the tcFM the officer should request written documentation from the person. Office rCghbuld_'not unlock a vehicle to inventory the contents when impounded rom! " private- i property, c_ -- When vehicles are impounded by a member of this department, th pouiPding officer shall complete an Iowa City Police Impound Report. This rep slloLO be turned into communications as time permits, but no later than thZ''end gthe watch. The records pertaining to vehicle impounds will be kept in their original form for a period of three years. The computer entry of these records will be kept for a period of at least five years. The auction of unclaimed vehicles will comply with all applicable laws and requirements. OPS 13.11 When a person requests the release of an impounded vehicle, the person handling the request should ask for identification from the person making the request. A vehicle may be released to an owner, leaseholder, or member listed on the registration. If the person requesting the release of the vehicle is other than those listed above, a watch supervisor should be called to make the determination as to the release of the vehicle. Sarguel Harge(dvinea,hief of Police 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. F 3 t PER -02.1 HARASSMENT AND SEXUAL HARASSMENT Date of Issue General Order Number JUNE 30, 2000 00 -02 Effective Date Section Code June 29, 2006 PER -02 Reevaluation Date Amends / Cancels JUNE 2008 C.A.L.E.A. Reference - 26.1.3 INDEX AS: Harassment Sexual Harassment Supervisor Responsibilities I. PURPOSE Complaint Procedures cn The purpose of this order is to maintain a healthy environment in which all individuals are treated with respect and dignity and to provide procedures for reporting, investigating and resolving complaints of harassment and discrimination. Federal law provides for the protection of classes of persons based on race, color, sex, religion, age, disability and national origin. This policy, as well as City Ordinance, also protects persons based on their sexual orientation. II. POLICY It is the policy of the Iowa City Police Department that all employees have the right to work in an environment free of all forms of harassment by employees, whether sworn, civilian, or volunteer, as well as non - employees who conduct business with this agency. This agency considers harassment and discrimination serious misconduct. Therefore, the Iowa City Police Department shall take direct and immediate action to prevent such behavior, and to remedy all reported instances of harassment and discrimination. A violation of this departmental policy can lead to discipline up to and including termination. i.i PER -02.2 III. DEFINITIONS Sexual harassment is unwelcome conduct which affects a term or condition of employment or creates an intimidating, hostile or offensive working environment. Sexual harassment may take the form of deliberate or repeated unsolicited verbal comments, questions, representations or physical contacts of either a sexual or non - sexual nature which are unwelcome to the recipient. Even harassment that is not of a sexual nature, if sufficiently pervasive and offensive, is prohibited in the workplace. Sexual harassment may also take the form of making or threatening to make decisions affecting an employee's job on the basis of an acceptance or refusal of a request for sexual intimacy. (See also, City of Iowa City Personnel Policies Manual.) IV. PROCEDURES Sexual harassment is a form of misconduct which undermines the integrity of the employment relationship. Such harassment is prohibited for all employees, regardless of their status, and includes supervisors, subordinates and co- workers. No employee, either male or female, should be subjected to such conduct. Sexual harassment may also be charged between same sex employees. Sexual harassment may take the form of verbal or physical conduct that has the purpose or effect of creating an intimidating, hostile, or offensive working environment. This type of prohibited activity may take the form of sexually explicit or vulgar language, sexual jokes or innuendo, unwelcome touching and lewd gestures or physical conduct, but is not limited to such activity. It may also include more subtle actions which are directed at an individual. Racial, creed, ethnic, religious, age, sexual orientation, gender identity, national origin or disability harassment is also a form of serious employee misconduct, is prohibited for all employees, who are subject to disciplinary action up to and including termination for violations. PROHIBITED ACTIVITY Q 1. No employee shall either explicitly or implicitly ridicule, mock-; -derid or belittle any person. ,` _____ Ti 2. Employees shall not make offensive or derogatory comments to _-bny . person, either directly or indirectly, based on race, color, see; .reli�gjon,'` age, disability, sexual orientation or national origin. Such ha W-' a prohibited form of discrimination under state and federal law and is`-glso considered serious misconduct, subject to disciplinary action, up to and including dismissal from the Department. 3. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: a. Submission to such conduct is made either explicitly or implicitly a term or condition of employment. PER -02.3 b. Submission to or rejection of such conduct by an employee is used as the basis for employment decisions affecting the employee: or c. Such conduct has the purpose or effect of unreasonably interfering with an employee's work performance or creating an intimidating, hostile or offensive working environment. 4. Individuals covered under the policy include all persons employed with the department, whether sworn or civilian. This policy also covers all volunteers and interns associated with the department. SUPERVISOR / EMPLOYEE RESPONSIBILITIES Each supervisor shall be responsible for preventing acts of harassment. This responsibility includes but is not limited to: Monitoring the unit work environment on a daily basis for signs that harassment may be occurring; 2. Counseling all employees on the types of behavior prohibited, and the departmental procedures for reporting and resolving complaints of harassment; 3. Stopping any observed acts that may be considered harassment, and taking appropriate steps to intervene, whether or not the involved employees are within his /her line of supervision; and 4. Taking immediate action to prevent retaliation towards a complaining party and to eliminate any hostile work environment, where there has been a complaint of harassment, pending investigation. a. If a situation requires separation of the parties, care should be taken to avoid actions that appear to punish the complainant. b. Transfer or reassignment of any of the parties involved should be voluntary if possible and, if non - voluntary, should be temporary pending the outcome of the investigation. Each Supervisor has the responsibility to assist any employee of this department, who comes to that supervisor with a complaint of harassment, in documenting and filing a complaint with the Chief of Police for investigation. Each employee of this agency is responsible for assisting in the p-reventia0 of harassment through the following acts: 1. Refraining from participation in, or encouragement of, actions that-codO be perceived as harassment; 2. Reporting acts of harassment to a supervisor; and 3. Encouraging any employee who confides that he /she is being harassed or discriminated against to report these acts to a supervisor. PER -02.4 Failure of an employee to carry out the above responsibilities may be considered in any performance evaluation or promotional decision and may be grounds for discipline. COMPLAINT PROCEDURES 1. Any employee encountering harassment is encouraged to inform the harassing person that his /her actions are unwelcome and offensive. The employee is encouraged to document all incidents of harassment in order to provide the fullest basis for investigation. 2. Any employee who believes that he /she is being harassed should report the incident(s) to their supervisor as soon as possible, so steps may be taken to protect the employee from further harassment, and appropriate investigative and disciplinary measures may be initiated. Where, in the opinion of the employee, this is not practical, the employee may instead file a complaint with another supervisor, the Chief of Police, or persons identified in the City of Iowa City Personnel Policies manual. In instances where the Chief of Police is accused of harassment, the assistant City Manager shall be notified and will direct the investigation. a. The supervisor or other person to whom the complaint is given shall meet with the complaining employee and document the incident(s) complained of, the person(s) performing or participating in the alleged harassment, witnesses to the incident(s) and the date(s) on whi_c_.h it occurred. c b. The employee taking the complaint shall promptly, subrmit a confidential memorandum documenting the complaint to -the-, ofd Police. = -- , (JI 3. The internal investigating authority designated by the Chief otPolice= §hall4_j be responsible for investigating any complaint alleging harassmew or discrimination. a. The internal investigating authority shall immediately notify the Chief of Police and the City /County Attorneys office if the complaint contains evidence of criminal activity, such as assault, sexual assault or attempted sexual assault. b. The investigator shall include a determination as to whether other employees are being harassed by the person, and whether other agency members participated in or encouraged the harassment. c. The Chief of Police shall inform all parties involved of the outcome of the investigation. d. A file of harassment complaints shall be maintained in the office of the Chief of Police and the Chief of Police shall compile an annual summary of all harassment complaints. e. Findings of the investigation shall be entered into the member's personnel file in accordance with departmental guidelines on internal investigations., PER -02.5 4. The complaining party's confidentiality will be maintained throughout the investigative process to the extent practical and appropriate under the particular circumstances. 5. Complainants or employees accused of harassment may file a grievance /appeal in accordance with departmental procedures, applicable state law and union contract when they disagree with the findings of the investigation or disposition of the harassment claim. 6. This policy does not preclude any employee from filing a complaint or grievance with an appropriate outside agency. RETALIATION 1. There shall be no retaliation against any employee for filing a harassment or discrimination complaint, or for assisting, testifying or participating in the investigation of such a complaint. 2. Retaliation against any employee for filing a harassment or discrimination complaint or for assisting in the investigation of such a complaint is illegal and is prohibited by this department and by federal statutes. 3. Retaliation is a form of employee misconduct. Any evidence of retaliation shall be considered a separate violation of this policy and shall be handled by the same complaint procedures established for harassment and discrimination complaints. 4. Monitoring to ensure that retaliation does not occur is the responsibility of the Chief of Police, supervisors and the internal investigative authority. Samuel Hargadi , /Chief df Police 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. C_ .,1 OPS -15.1 LESS LETHAL IMPACT MUNITIONS Date of Issue General Order Number MAY 12, 2000 100-03 Effective Date Section Code May 23, 2007 OPS -15 Reevaluation Date Amends / Cancels MAY 2008 C.A.L.E.A. Reference 1.3.4, 1.3.5, 1.3.9, 1.3.11 —J II. "TIOZrAr RC Use of Force Less Lethal Use of Force Matrix C� s� �-e 71­1 TJ L PURPOSE The purpose of this order is to identify the conditions under which officers may deploy and use less lethal impact munitions. II. POLICY The Iowa City Police Department places the highest of value on human life. The department is authorized and trained in the use and deployment of less lethal munitions. Less lethal munitions is a concept of planning and force application, which meets operational objectives, with less potential for causing death or serious physical injury than conventional police tactics /equipment. OPS -15.2 III. DEFINITIONS A. Iowa Code, Chapter 704.2 defines less lethal munitions as: "projectiles which are designed to stun, temporarily incapacitate, or cause temporary discomfort to a person without penetrating the person's body." B. Kinetic Energy Impact Projectiles - Flexible or non - flexible projectiles (E.g. "beanbags "), which are intended to incapacitate a subject with minimal potential for causing death or serious physical injury, when compared to "conventional" rounds. IV. PROCEDURES FOR USE Less Lethal Extended Range Impact Weapons EVALUATION OF LESS LETHAL PROJECTILES FOR USE Kinetic energy impact projectiles will be evaluated for use on the following criteria: A. Accuracy 1. This is the primary consideration, since proper shot placement greatly assists in controlling the other two evaluation criteria. 2. This will be evaluated based on the anticipated ranges of deployment. 3. The minimal standard of accuracy of such a round is: a. 12 - inch group at 15 yards for the 12 -gauge system. The group shall consist of 3 rounds. B. Effectiveness 1. This is the potential for the round to cause incapacitation and reduce the subject's ability to continue their inappropriate behavior. 2. The level of energy necessary to cause incapacitation creates the potential for injury, but when properly deployed, use should resel in a Oiv probability for causing serious physical injury or death. C. Potential for causing death or serious physical injury 7� 1. The potential for causing death or serious physical injury :-v i,ih; such projectiles is a reality. This potential is greatly reduced when �p�ctsTo the head, neck and chest are avoided, and when appropriate Tfiediesl examination is provided in cases where the subject is struck J� an aria that might conceal a closed injury. (including such areas as the cheer, back, thoracic and abdominal cavities and groin) 2. When engaging a subject, the officer shall evaluate the effectiveness of each round after each shot. Compliance and /or incapacitation are the desired goal, and alternative target areas /response should be considered when rounds are not effective. Alternative target area /response considerations will be based on the circumstances the officer is encountering. :�]C1+SM TARGET AREAS A. Less Lethal projectiles shall be delivered to suspect target areas based on the circumstances of the situation and the level of force authorized. The deployment of less lethal projectiles shall be in conformance with departmental training guidelines pertaining to recommended target areas. B. Head /Neck and Chest - Intentional impacts to these areas should be avoided unless the use of deadly force is justified, necessary and appropriate. USE OF FORCE CONTINUUM The Iowa City Police Department recognizes five levels of force. The use of less lethal impact projectiles are considered a level IV response (subject is assaultive), when deployed to areas of the subject's body that are considered unlikely to cause serious physical injury. In addition, less lethal projectiles may be used when a person is threatening death or serious injury to themselves. The use of these projectiles is recognized as a level V, Deadly Force, if intentionally deployed or directed at the head or neck. When assessing the appropriate use of force level, prior to the transition to less lethal projectiles, the officer shall consider in addition to other factors�5 A. The level of force being confronted. -1 _71 w 71 B. The proximity /access of the subject to the officer or others. DEPLOYMENT TECHNIQUES Weapons used for the deployment of less lethal munitions shall be dedicated to that purpose. These weapons shall be clearly marked. The use of other than less lethal rounds in these weapons is prohibited unless necessary to protect the life of the public or officer. When deploying less lethal munitions, the following procedures should be adhered to: A. Less lethal munitions should not be used at a distance of less than 15 ft (5 yards) from the target. With this in mind, the greater the distance, the less the accuracy. B. When practical, other officers involved in an incident in which less lethal munitions are deployed should be advised of the deployment prior to the discharge of the weapon. OPS -15.4 C. During the deployment of less lethal munitions, the officer in charge of the incident should constantly evaluate the option selected against changing circumstances. D. When practical, multiple tactics should be used to overwhelm the suspect. I.e. less lethal may be used in conjunction with a distraction device or chemical agent. E. A weapon loaded with less lethal munitions shall be treated with the same care and caution as weapons loaded with "lethal" munitions. F. Less lethal projectiles should not be employed without a cover officer with lethal munitions being assigned as an escort. If it is believed the subject is carrying a firearm, less lethal shall not be deployed without the use of a cover officer with lethal munitions. Officers shall only deploy those less lethal munitions which are provided by the department. The deployment of less lethal munitions shall only be performed by those officers trained and showing proficiency in their deployment. HANDLING OF INJURED SUBJECTS Suspects who are struck by less lethal projectiles shall be secured sand transported to a medical facility for examination and treatment. If a projectile strikes a bystander, medical personnel scene, and the subject shall be encouraged to seek facility. REPORTING AND INVESTIGATION shall be sum -66od tb theii examination ;at*a m "cal °-jj'' -=y Officers shall complete a departmental Use of Force Report, in addition to any other applicable reporting requirements, after deploying less lethal projectiles. This includes those situations where the weapon is removed from the vehicle and not discharged. An investigation shall be conducted into any situation involving the firing of a less lethal projectile at a suspect. The investigation shall comply with departmental reporting directives contained in General Order 99 -05, Use of Force. TRAINING Officers shall be provided training in the use and deployment of the departmental less lethal munitions prior to being allowed to deploy the weapons. On an annual basis, officers will receive refresher training in the use and deployment of less lethal munitions. OPS -15.5 Sarrft el HafgidkQ, Chief of Police 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. r� OPS -16.1 1O ' POLICE CYCLIST Date of Issue General Order Number SEPTEMBER 25, 2000 100-07 Effective Date Section Code June 12, 2007 OPS -16 Reevaluation Date Amends / Cancels June 2009 C.A.L. E.A. Reference 41.1.3 INDEX AS: Special Purpose Vehicles Vehicle Operations Police Cyclist Communications Body Armor I. PURPOSE The purpose of this policy to direct bicycle patrol operations. The Iowa City Police Department recognizes that bicycle (bike) patrol facilitates communications between officers and the public. Bike patrol also provides added mobility over automobiles in areas that are not accessible by motorized vehicles or traditionally are not patrolled. II. POLICY The Iowa City Police Department recognizes the need for specially equipped bicycles operated by trained cyclists. Iowa City Police Cyclists are expected to abide by state code and city ordinances pertaining to bicycles and "roadway" usage. OPS -16.2 DEFINITIONS Iowa Code section 321.231 states as follows: Authorized emergency vehicles and police bicycles. A. The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected perpetrator of a felony or in response to an incident dangerous to the public or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section. B. The driver of any authorized emergency vehicle, may: 1. Park or stand an authorized emergency vehicle, irrespective of the provisions of this chapter. 2. Disregard laws or regulations governing direction of movement for the minimum distance necessary before an alternative route that conforms to the traffic laws and regulations is available. C. The driver of a fire department vehicle, police vehicle, or ambulance, or a peace officer riding a police bicycle in the line of duty may do any of the following: 1. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation. 2. Exceed the maximum speed limits so long as the driver does not endanger life or property. D. The exemptions granted to an authorized emergency vehicle under subsection 2 and for a fire department vehicle, police vehicle, or ambulance as provided in subsection 3 shall apply only when such vehicle is making use of an audible signaling device meeting the requirements of section 321.433 or a visual signaling device, except that use of an audible or visual signaling device shall not be required when exercising the exemption granted under subsection 3, paragraph "b" of this section when the vehicle is operated by a peace officer, pursuing a suspected violator of the speed restrictions imposed by or pursuant to this chapter, for the purpose of determining the speed of travel of such suspected violator. E. The foregoing provisions shall not relieve the driver of an authorized emergency vehicle or the rider of a police bicycle from the duty to drive or ride with due regard for the safety of all persons, nor shall such provisions protect the driver or rider from the consequences of the driver's or rider's reckless disregard for the safety of others. C� r , Cyr OPS -16.3 III. PROCEDURES Officers selected as police cyclists are required to successfull) �npldtb a_ '__ course of instruction as prescribed by the International Police Wbrit;ain j$ike Association (IPMBA). A four -year commitment is required of officerswvho_jare selected as bike officers. (This does not preclude officers from bei 'pr,'oms�ed, requesting transfer to another division or otherwise being reassigned�_o`posi bns where they would no longer serve as a bike officer.) { =' A. Mandatory Equipment - Police Cyclists shall wear protective helmets as certified by ANSI or Snell Foundations, and as prescribed by OSHA regulations. Police Cyclists shall also protect their eyes with glasses and /or shields that guard against dust, exhaust, sunlight, and other hazardous materials. Eyewear shall be worn whenever officers engage in bicycle patrol. Eyewear and helmets shall be approved by the Commander of Administrative Services. B. Assignment - Police Cyclists shall be under the command of the on -duty watch commander unless otherwise specified. 1. The watch commander may assign police cyclists to duties at his /her discretion, taking into account staffing, location, time, and weather conditions. 2. Police Cyclists may be assigned to specific duties, or they may be assigned in a "routine" mode. Police cyclists are expected to interact with the public as part of their assignment. C. The cyclist shall perform an inspection of their bicycle prior to their beginning a tour of duty. Any malfunction or equipment maintenance that is needed shall be reported to the Commander of Administrative Services. No police cyclist shall attempt any repair that is beyond his or her training or level of experience. The police cyclist shall report any damage or maintenance needs to the Commander of Administrative Services. D. To the extent applicable, police cyclists are governed by departmental policies pertaining to vehicle operations. In addition: 1. Police cyclists shall obey applicable state statutes and city ordinances pertaining to vehicle operations and bicycles. 2. Officers shall not ride their bikes on prohibited areas unless responding in an emergency, or unless receiving prior approval from the Watch Supervisor. E. Communications procedures - 1. Prior to the beginning of a tour of duty, the communications section shall be advised of which officer(s) are on bike. a) When dispatching a call to a bike officer, the Emergency Communications Operator (ECO) shall insert the letter B prior to the officer's number. Le. B -2, 10- 25.... b) When a bike officer contacts the ECO, he /she shall insert the letter B prior to their number. Le. City B -2, traffic... OPS -16.4 F. Body Armor - At their discretion, bike officers may elect not to wear their body armor. If the officer elects not to wear his /her body armor, he /she is not required to carry their armor with them. G. Equipment - Police bicycles shall be equipped with a battery operated headlight and taillight system and a pack in which to carry equipment and supplies. In addition the cyclist shall be supplied with: 1. first aid pouch 2. required report forms or data collection materials 3. traffic and parking citations 4. other equipment as determined by the Commander of Administrative Services. Samuel H rgadi , Chief o Police 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. r� a a Pj r - 7 '+r Iowa City Police Department Standard Operating Guideline SOG #: Effective date: 01 -03 30, 2007 Subject: -May Reference: Communications Emergency Communications Section: Issue #: Support Services 3 Com Zlnd ign ure: Original Issue Date: October 19, 2001 P� Purpose: The purpose of this guideline is to identify the procedures used by Emergency Communications personnel for communications with the public or police personnel when responding to calls for service. b Definitions: Procedures: r c.� N x� In order to maintain a uniform manner of communications and response to calls, all members of the Iowa City Police Department shall abide by all state and federal guidelines when using radio equipment. This includes adherence to FCC procedures and requirements when using radio equipment. All personnel shall restrict the use of radio communications equipment to departmental business. Officers should contact the ECO upon beginning or completing an assignment, upon a change of status, when leaving their vehicle for any reason, when becoming engaged in any situation requiring police intervention and other situations as necessary. To help reduce the amount of radio traffic as well as to better utilize the available time of officers, alternative forms of communication such as cellular phones and mobile data computers may be used when appropriate. Such utilization shall be minimal for non - departmental business and reviewed for abuse on a regular basis. All incoming cellular phone calls to the police department shall be recorded. Mobile data computer plain language messages shall be retained for a period of two weeks. As the content of cellular phone transmissions and mobile data computer text messages may be accessible by the public (i.e. subpoena), such communication shall be done in a professional manner. r� i�� When the duty status of an officer changes, the ECO shall record the change of status in the departments CAD system. Officers shall notify the ECO whenever they are out of service (i.e. lunch break, out for investigation etc.). The out of duty status shall be recorded on the departments CAD system. While the CAD system is identifying the transmitting officer, when contacting communications or another officer, the officer should initiate the contact by identifying the person being contacted by badge number or as communications followed by the calling officers badge number. I.e. City -81 traffic... When communicating with an outside agency, the calling party shall identify themselves by agency and badge number. I.e. Johnson County SO from Iowa City unit 81. The number of officers assigned to a call will be determined by the nature of the call and known history of the location or individuals involved. The number of officers responding to a call may be altered by the watch supervisor. Officers may at anytime request additional units regardless of the nature of the call. T following are recommendations for response to various types of calls: U Violent offense in progress - minimum of 2 officers Potential burglary in progress- minimum of 2 officers ` Domestic in progress - minimum of 2 officers r `� Potential weapon call minimum 2 officers After the fact report - one officer Shoplifter no problem one officer t Shoplifter problem two officers' Property Accident clear road one officer Property Accident blocked road two officers Injury accident two officers Disturbance call two officers Loud music call one officer first response /two second response Other calls will be responded to in manner to maximize officer safety and safe efficient handling of the call. Supervisors should respond to calls when a person has received a serious injury, calls dispatched as involving weapons, calls which on their face may be a felony, calls in which there is a significant public interest. Incidents in which there is a high probability of City liability. Other calls at the discretion of the Watch Supervisor. RECIEPT OF CALL FOR SERVICE Upon receipt of a call for service the ECO shall attempt to determine the characteristics of the call including a determination as to if the call constitutes an emergency. If a "non- emergency" call comes in on an emergency line the ECO may take the call on the 911 line or request the caller call back on the "routine" line. Calls coming in on the 911 system will have priority over calls coming in on the "routine" lines. Upon receipt of the call, to the extent practical, the receiving ECO should attempt to determine the needs of the caller. If the call requires immediate response of emergency personnel the ECO should advise the caller that assistance is enroute and attempt to obtain relevant information. It the request for service is an emergency which is outside the corporate limits of the City of Iowa City, the ECO shall advise the calling party of the agency having jurisdiction and then advise them that they will transfer the call to the appropriate agency. In cases of a medical emergency, the ECO shall notify Johnson County Emergency Services of the location and nature of the emergency. The Emergency Communications Operator will provide emergency instructions to the caller in accordance with national standards pertaining to EMD. All Iowa City ECOs' are National Academy EMD certified and may provide first aid instructions over the phone in accordance with the EMD protocols maintained in the communications center. When the call is a request for information, the receiving ECO shall provide the available information to the extent practical or refer the calling party to the appropriate party or agency. If the caller requests to speak to a particular officer the ECO should advise the person if the officer is on duty and if not, the caller should be given the option of leaving the officer a voicemail. Upon request the ECO will forward a message to the officer. This may be done orally, in writing or electronically. If the caller is requesting service that is provided by another agency, I.e. DVIP, RVAP, Emergency Shelter etc, the ECO should supply the caller with the requested information or referral phone number. The ECO shall record all reports of crime, citizen complaints, any incident causing a department member to be dispatched, all incidents initiated by department members, all traffic stops and citations, in the CAD system. Each entry will be automatically assigned a unique incident number "generated" by the CAD system. All classifications of incidents requiring or resulting in an Incident Report, Accident Report, OWI Report, Arrest Report, Acquisition of Property, Arrest (other than traffic citation), or other incidents as determined by the officer or a watch supervisor, shall be assigned a unique case number in addition to the incident number. To the extent possible the following information shall be included in the CAD system: 1. Incident Number - automatically assigned 2. Date and time of request - (required field for acceptance) 3. Name, address, phone number of complainant 4. Type of incident reported (required for acceptance) 5. Location of the incident (required for acceptance) 6. Identification of primary and backup officers (required for acceptance) 7. Time of dispatch /assignment (required for acceptance)> 8. Time of arrival (required for acceptance) Tj 9. Time of return to duty (required for acceptance) 10. Disposition or status of the call (required for acceptance) Assigned a 3 letter code. EMERGENCY PLAYBACK The Communications section of the Iowa City Police Department has immediate playback capability of incoming calls and radio traffic. The discs containing the transmissions shall be retained for a period of at least 6 months and will be maintained in the locked storage area maintained by the Communications Supervisor. Officers may request a replay of calls on their current watch. Requests for playback of calls on previous watches should be routed through the ECO supervisor or an on -duty watch supervisor. Copies of recordings may be made upon request to the ECO Supervisor. All subpoenas for "copies" of recordings shall be forwarded to the ECO Supervisor. EMERGENCY MESSAGES Upon receipt of a request to deliver an "emergency" message, the ECO should determine if the message meets the criteria set by NCIC and Iowa Department of Public Safety. If the message meets the criteria the ECO may enter the request in NCIC. If the message request involves delivery of an emergency message to someone in Iowa City, the ECO shall accept the message after determining the content of the message, i.e. death or serious injury of a loved one, obtain call back phone number for the requesting party and obtaining name, address and other pertinent information about the "receiving" party. The ECO should contact a watch supervisor for approval and assignment of the message. The message will be assigned as soon as practical after receipt of the request. If the officer is unable to make contact with the party, he /she may leave a message at the residence for the person to contact the ICPD for an emergency message, or leave a note requesting the person contact the ICPD at their earliest possible convenience. Non - criminal Reports ECOs' may accept / take reports relating to lost or found property. These reports shall be recorded on the departments incident report form and as applicable, property form. All incidents that are criminal in nature and accidents will be assigned to an officer for follow up. The ECO receiving the call will note the call including the time and category in the CAD system. -TJ c� WARRANTS When officers of the Iowa City Police Department obtain a new warrant, it shall be routed through the Records Division to the Dispatch Center. Upon receipt, an ECO shall determine if there is an existing warrant by our department on another offense for the person involved. Prior to Iowa System /NCIC entry, the ECO shall obtain background information on the individual from, but not limited to, sources such as license checks, criminal history, vehicle registrations, etc. The ECO may also have officers locally attempt service of the warrant. If a warrant cannot be served immediately, it shall then be entered into the Iowa System /NCIC. Entry in the Iowa System /NCIC shall be pursuant to IOWA System rules and regulations. Upon entry to Iowa System /NCIC a second ECO shall verify the entry for accuracy. The ECO shall complete a "Wanted / Missing Person" worksheet as well as a "Warrant Service Activity Log" which shall be attached to the original warrant. The original warrant shall then be filed alphabetically in the Emergency Communications Center. Access to warrants by department personnel shall be available 24 hours a day. The Emergency Communications Supervisor or their designee shall periodically check warrants for updates and validity. Upon notice of a wanted person being that the original warrant is in hand and made, the Iowa System /NCIC entry immediately. The original warrant sha Sheriff's Office as soon as possible. detained, an ECO shall physically verify still active. If an arrest of the subject is on the person shall be cancelled II be delivered to the Johnson County N3 X- s -� c. 7-71 f Iowa City Police Department Standard Operating Guideline SOG #: Effective date: 07 -03 June 14, 2007 Subject: Reference: 0 CBRN Awareness Guidelines Hazardous Materials Section: Issue #: OPS 1 —, ` , C, Comma S" at e: Original Issue: °"` rte: June 14, 2007 -;'- Purpose: w The following information is designed to provide all members of the Iowa City Police Department with awareness level guidelines for events involving chemical, biological, radiological, nuclear (CBRN) and hazardous materials. In those situations when responding to a suspicious package (non - bomb) or package containing a suspicious material, SOG #01 -06 should be referred to. Chemical: Chemical agents are poisonous vapors, aerosols, liquids, and solids that have toxic effects on people, animals, or plants. They can be released by bombs or sprayed from aircraft, boats, and vehicles. They can be used as a liquid to create a hazard to people and the environment. Some chemical agents may be odorless and tasteless. They can have an immediate effect (a few seconds to a few minutes) or a delayed effect (2 to 48 hours). While potentially lethal, chemical agents are difficult to deliver in lethal concentrations. Outdoors, the agents often dissipate rapidly. Chemical agents also are difficult to produce. A chemical attack could come without warning. Signs of a chemical release include people having difficulty breathing; experiencing eye irritation; losing coordination; becoming nauseated; or having a burning sensation in the nose, throat, and lungs. Also, the presence of many dead insects or birds may indicate a chemical agent release. 2. Decontamination guidelines: Decontamination is needed within minutes of exposure to minimize health consequences. A person affected by a chemical agent requires immediate medical attention from a professional. If medical help is not immediately available, decontaminate yourself and assist in decontaminating others. • Use extreme caution when helping others who have been exposed to chemical agents. Remove all clothing and other .items in contact with the body. Contaminated clothing normally removed over the head should be cut off to avoid contact with the eyes, nose, and mouth. Put contaminated clothing and items into a plastic bag and seal it. Decontaminate hands using soap and water. Remove eyeglasses or contact lenses. Put glasses in a pan of household bleach to decontaminate them, and then rinse and dry. • Flush eyes with water. • Gently wash face and hair with soap and water before thoroughly rinsing with water. • Decontaminate other body areas likely to have been contaminated. Blot (do not swab or scrape) with a cloth soaked in soapy water and rinse with clear water. • Change into uncontaminated clothes. Clothing stored ri dravv&s or closets is likely to be uncontaminated.' ? • Proceed to a medical facility for screening and rx fpssiogal F-- treatment. 4 r- Biological: T} � 1. Biological agents are organisms or toxins that can kill or incapacitN people, livestock, and crops. The three basic groups of biological agents that would likely be used as weapons are bacteria, viruses, and toxins. Most biological agents are difficult to grow and maintain. Many break down quickly when exposed to sunlight and other environmental factors, while others, such as anthrax spores, are very long lived. Biological agents can be dispersed by spraying them into the air, by infecting animals that carry the disease to humans and by contaminating food and water. Delivery methods include: Aerosols - biological agents are dispersed into the air, forming a fine mist that may drift for miles. Inhaling the agent may cause disease in people or animals. Animals - some diseases are spread by insects and animals, such as fleas, mice, flies, mosquitoes, and livestock. Food and water contamination - some pathogenic organisms and toxins may persist in food and water supplies. Most microbes can be killed, and toxins deactivated, by cooking food and boiling water. Most microbes are killed by boiling water for one minute, but some require longer. Follow official instructions. • Person -to- person - spread of a few infectious agents is also possible. Humans have been the source of infection for smallpox, plague, and the Lassa viruses. 2. If you become aware of an unusual and suspicious substance nearby: • Move away quickly. • Wash with soap and water. • Contact Iowa City Fire Department for Haz -Mat Team response. • Seek medical attention if you become sick. 3. If you are exposed to a biological agent: €'J • Remove and bag your clothes and personal items. Fc&w offidibl instructions for disposal of contaminated items. • Wash yourself with soap and water and put on clean cahes. C,j • Seek medical assistance. You may be advised to stay..a1Cray frees others or even quarantined. c, Radiological: 1. Terrorist use of a Radiological Dispersion Device (RDD) —often called "dirty nuke" or "dirty bomb " —is considered far more likely than use of a nuclear explosive device. An RDD combines a conventional explosive device —such as a bomb —with radioactive material. It is designed to scatter dangerous and sub - lethal amounts of radioactive material over a general area. Such RDDs appeal to terrorists because they require limited technical knowledge to build and deploy compared to a nuclear device. Also, the radioactive materials in RDDs are widely used in medicine, agriculture, industry, and research, and are easier to obtain than weapons grade uranium or plutonium. The primary purpose of terrorist use of an RDD is to cause psychological fear and economic disruption. Some devices could cause fatalities from exposure to radioactive materials. Depending on the speed at which the area of the RDD detonation was evacuated or how successful people were at sheltering -in- place, the number of deaths and injuries from an RDD might not be substantially greater than from a conventional bomb explosion. The size of the affected area and the level of destruction caused by an RDD would depend on the sophistication and size of the conventional bomb, the type of radioactive material used, the quality and quantity of the radioactive material, and the local meteorological conditions — primarily wind and precipitation. The area affected could be placed off - limits to the public for several months during cleanup efforts. 2. While the explosive blast will be immediately obvious, the presence of radiation will not be known until trained personnel with specialized equipment are on the scene. It would be safer to assume radiological contamination has occurred — particularly in an urban setting or near other likely terrorist targets —and take the proper precautions. As with any radiation, avoid or limit exposure. This is particularly true of inhaling radioactive dust that results from the explosion. As you seek shelter from any location (indoors or outdoors) and there is visual dust or other contaminants in the air, breathe though the cloth of your shirt or coat to limit your exposure. If you manage to avoid breathing radioactive dust, your proximity to the radioactive particles may still result in some radiation exposure. If the explosion or radiological release occurs inside, get out immediately and seek safe shelter. 3. Contamination from an RDD event could affect a wide area, depending on the amount of conventional explosives used, the quantity and type Pf radioactive material released, and meteorological conditioM. Thug radiation dissipation rates vary, but radiation from an RDD will figejy take longer to dissipate due to a potentially larger localized concer f *n o radioactive material. Nuclear: %` c? 1. A nuclear blast is an explosion with intense light and heat, a Omagir4, pressure wave, and widespread radioactive material that cafe" contaminate the air, water, and ground surfaces for miles around. A nuclear device can range from a weapon carried by an intercontinental missile launched by a hostile nation or terrorist organization, to a small portable nuclear device transported by an individual. All nuclear devices cause deadly effects when exploded, including blinding light, intense heat (thermal radiation), initial nuclear radiation, blast, fires started by the heat pulse, and secondary fires caused by the destruction. 2. Hazards of Nuclear Devices • The extent, nature, and arrival time of these hazards are difficult to predict. The geographical dispersion of hazard effects will be defined by the following: • Size of the device. A more powerful bomb will produce farther reaching effects. • Height above the ground the device was detonated. This will determine the extent of blast effects. • Nature of the surface beneath the explosion. Some materials are more likely to become radioactive and airborne than others. Flat areas are more susceptible to blast effects. C -� • Existing meteorological conditions. Wind speed and d6kbbn 0-01 affect arrival time of fallout; precipitation may wash fa Qut from the atmosphere. ; 3. Radioactive Fallout Z_t .. Even if individuals are not close enough to the nuclear blast to -Fe affected by the direct impacts, they may be affected by radioactive fallout. Any nuclear blast results in some fallout. Blasts that occur near the earth's surface create much greater amounts of fallout than blasts that occur at higher altitudes. This is because the tremendous heat produced from a nuclear blast causes an up -draft of air that forms the familiar mushroom cloud. When a blast occurs near the earth's surface, millions of vaporized dirt particles also are drawn into the cloud. As the heat diminishes, radioactive materials that have vaporized condense on the particles and fall back to Earth. The phenomenon is called radioactive fallout. This fallout material decays over a long period of time, and is the main source of residual nuclear radiation. Fallout from a nuclear explosion may be carried by wind currents for hundreds of miles if the right conditions exist. Effects from even a small portable device exploded at ground level can be potentially deadly. Nuclear radiation cannot be seen, smelled, or otherwise detected by normal senses. Radiation can only be detected by radiation monitoring devices. This makes radiological emergencies different from other types of emergencies, such as floods or hurricanes. Monitoring can project the fallout arrival times, which will be announced through official warning channels. However, any increase in surface build -up of gritty dust and dirt should be a warning for taking protective measures. In addition to other effects, a nuclear weapon detonated in or above the earth's atmosphere can create an electromagnetic pulse (EMP), a high - density electrical field. An EMP acts like a stroke of lightning but is stronger, faster, and shorter. An EMP can seriously damage electronic devices connected to power sources or antennas. This includes communication systems, computers, electrical appliances, and automobile or aircraft ignition systems. The damage could range from a minor interruption to actual burnout of components. Most electronic equipment within 1,000 miles of a high - altitude nuclear detonation could be affected. Battery- powered radios with short antennas generally would not be affected. Although an EMP is unlikely to harm most people, it could harm those with pacemakers or other implanted electronic devices. 4. The following are guidelines for what to do in the event o,-P nucligir explosion. r 3 • Take cover as quickly as you can, below ground if pos-sibf6, and stay there until instructed to do otherwise. `g' • Listen for official information and follow instructions. 0 • Do not look at the flash or fireball - it can blind you. • Take cover behind anything that might offer protection. • Lie flat on the ground and cover your head. If the explosion is some distance away, it could take 30 seconds or more for the blast wave to hit. • Take shelter as soon as you can, even if you are many miles from ground zero where the attack occurred - radioactive fallout can be carried by the winds for hundreds of miles. Remember the three protective factors: Distance, shielding, and time. 5. Decay rates of the radioactive fallout are the same for any size nuclear device. However, the amount of fallout will vary based on the size of the device and its proximity to the ground. Therefore, it might be necessary for those in the areas with highest radiation levels to shelter for up to a month. The heaviest fallout would be limited to the area at or downwind from the explosion, and 80 percent of the fallout would occur during the first 24 hours. People in most of the areas that would be affected could be allowed to come out of shelter within a few days and, if necessary, evacuate to unaffected areas. 6. The danger of a massive strategic nuclear attack on the United States is predicted by experts to be less likely today. However, terrorism, by nature, is unpredictable. If there were threat of an attack, people living near potential targets could be advised to evacuate or they could decide on their own to evacuate to an area not considered a likely target. Protection from radioactive fallout would require taking shelter in an underground area or in the middle Qf -a large building. i___D: In general, potential targets include: 4 i c- [ • Military facilities. ' • Centers of government, federal and state. �. Ca • Important transportation and communication centers. • Manufacturing, industrial, technology, and financial centers. • Petroleum refineries, electrical power plants, and chemical plants. The three factors for protecting oneself from radiation and fallout are distance, shielding, and time. Distance - the more distance between you and the fallout particles, the better. An underground area such as a home or office building basement offers more protection than the first floor of a building. A floor near the middle of a high -rise may be better, depending on what is nearby at that level on which significant fallout particles would collect. Flat roofs collect fallout particles so the top floor is not a good choice, nor is a floor adjacent to a neighboring flat roof. Shielding - the heavier and denser the materials - thick walls, concrete, bricks, books and earth - between you and the fallout particles, the better. • Time - fallout radiation loses its intensity fairly rapidly. In time, you will be able to leave the fallout shelter. Radioactive fallout poses the greatest threat to people during the first two weeks, by which time it has declined to about 1 percent of its initial radiation level. Remember that any protection, however temporary, is better than none at all, and the more shielding, distance, and time you can take advantage of, the better. Hazardous Materials Agency response to incidents involving other hazardous materials will be accomplished per U.S. Department of Transportation guidelines. Each patrol vehicle is provided with an Emergency Response Guidebook for first responders during the initial phase of dangerous good /hazardous materials incidents. As incidents involving these materials occur, officers will refer to this guidebook to determine the correct response. Response to these incidents will also be made in cooperation and coordination with the Iowa City Fire Department. Equipment 1. All equipment utilized by the Iowa City Police Department will meet the standard for the U.S. Department of Homeland Security's Science and Technology Division standards for first responder CBRN equipment. 2. Current issued equipment: • Gas mask 0., • HEPA mask; �= • Vionex hand sanitizes • Latex gloves ' 1.s • Disinfectant Solution ?' • LANX Chemical Suits • SCBA / Tyvek Suits • Radiological Detection Unit — Gamma & Neutron l � IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT = `" March 2007 y � Ofc # Date Inc # Incident Force Used 2007- 39 03 -03 11185 Fight Person active counter- measures (strikes), & OC to 18 03 -04 11291 Fight 31 03 -16 13109 Injured Animal Officer used his sidearm to destroy a deer 98/23/ 03 -12 12588 Armed Subject 36/56 Agency (arrest restrain, arrest, & transport a resistive, [self) warrant) destructive person. 81 03 -18 05 03 -14 12802 Theft restrain, arrest, & transport a combative person that attempted to flee. 51 03 -16 13101 Traffic Stop Officer used hands -on control techniques to restrain, arrest, & transport a combative person. Officer used hands -on control techniques to restrain, arrest, & transport a combative person that attempted to flee. Officers displayed sidearms while entering /searching residence for a person reportedly armed with a firearm. Suspect had reportedly threatened to shoot another. Officer used hands -on control techniques & OC to restrain, arrest, & transport a resistive person that attempted to flee. Officer displayed handgun while securing (handcuffing) passengers after a handgun was seen in the vehicle. 20/44/ 03 -16 13105 Suspicious Officers used hands -on control techniques, 55 Person active counter- measures (strikes), & OC to restrain, arrest, & transport a resistive, combative person that attempted to flee. 31 03 -16 13109 Injured Animal Officer used his sidearm to destroy a deer critically injured by a motor vehicle. 88/34 03 -17 13164 Assist Other Officers used hands -on control techniques to Agency (arrest restrain, arrest, & transport a resistive, [self) warrant) destructive person. 81 03 -18 13419 Fight Officer used hands -on control techniques to restrain, arrest, & transport a combative person that attempted to flee. 25 03 -20 13838 Fight Officer forced entry to an apartment after hearing & seeing a male assaulting a female. 32/35 03 -21 13852 Fight Officers physically escorted/carried a passively uncooperative prisoner to facilitate transport to 11 03 -22 14037 Fight Officer used hands -on control techniques to restrain, arrest, & transport a combative person that attempted to flee. 08 03 -25 14555 Fight Officer used hands -on control techniques to restrain, arrest, & transport a combative person. 38 03 -28 15230 Assault 60 03 -30 15447 Intoxicated Officer used hands -on control techniques to Person arrest & transport a resistive person. 11 03 -30 15473 Intoxicated Officer used hands -on control techniques to Person restrain, arrest, & transport a combative person f--I that attempted to flee. 46 03 -30 15509 Intoxicated Transport officer used hands -on control Driver /Person techniques to restrain & control an agitated, threatening prisoner. �a1 R , f--I a IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT, April 2007 Ofc # Date Inc # Incident Force Used 2007- 31 04 -01 15876 Traffic Stop Officer used hands -on control techniques to 20/30/ restrain, arrest, & transport a resistive person 34/40/ that attempted to flee. 20 04 -01 15881 Fight Officer used hands -on control techniques & OC 55/59 to restrain, arrest, & transport a combative 08 04 -22 19638 Injured Animal person that attempted to flee. 45 04 -02 16140 Injured Animal Officer used shotgun to destroy a seriously 32/50 04 -23 19745 Vehicle injured deer. 08/41 04 -03 16201 Intoxicated Officers used hands -on control techniques to Person restrain, arrest, & transport a resistive person that attempted to flee. 59 04 -11 17637 Drug Officer displayed a handgun while conducting a Investigation stop of a vehicle involved in illegal drug transportation/sales. 60 04 -13 17804 Intoxicated Officer used hands -on control techniques to Person restrain & transport an uncooperative person that attempted to flee. 84 04 -14 18046 Fight Officer used hands -on control techniques to separate combatants & stop fight. 11 04 -15 18257 Assault Officers used hands -on control techniques to restrain, arrest, & transport a combative person that attempted to flee. 20/32 04 -15 18271 Fight Officers used hands -on control techniques & OC to restrain, arrest, & transport a resistive person that attempted to flee. 55 04 -19 19121 Drug Officer used hands -on control techniques to Investigation control a resistive person attempting to destroy evidence. 93/95/ 04 -20 Search Warrant Tactical team members displayed firearms & 20/30/ used hands -on control techniques while 34/40/ delivering a high -risk search warrant & securing 48/51/ the residence /occupants. 55/59 08 04 -22 19638 Injured Animal Officer used handgun to destroy a serious injured raccoon. 32/50 04 -23 19745 Vehicle Officers used hands -on control techniques & OC Collision to restrain, arrest, & transport a resistive [drunk] driver that attempted to flee the scene of a motor vehicle collision. 81/18 04 -27 20432 Criminal An officer displayed a handgun while Mischief conducting a high -risk stop of a vehicle reportedly occupied by armed persons. 84/51 04 -29 21061 Domestic An officer displayed the less - lethal shotgun Assault — armed while at the scene of a barricaded & reportedly subject armed person. 85/88/ 04 -30 Tactical team members displayed firearms while 13/16/ making entry & arrest. 34/51 CIO 08 04 -30 21069 Possible Officer used hands -on control techniques to Suicidal Subject prevent self- destructive person from further iniurin2 himself or others. CIO POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS May 2007 Date Description 5/15/07 Someone came in inquiring about complaint procedure in general and was given a form. They were also going to try and talk to someone in P.D. POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS June 2007 Date Description 6/15 Phone call regarding name of Mayor and contact information; as well as PCRB complaint form 6/18 Phone call inquiring whether the complaint form was available on- line and provided information on how to locate it 6/25 Phone call regarding possible complaint and how to locate it online; person was also interested in contact information for Police commanding staff POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240 -1826 (319) 356 -5041 May 7, 2007 To: City Council - Complainant Stephen Atkins, City Manager -- Sam Hargadine, Chief of Police Officer(s) involved in complaint From: Police Citizen's Review Board Re: Investigation of PCRB Complaint #06 -06 This is the Report of the Police Citizens Review Board's (the "Board ") review of the investigation of Complaint PCRB #06 -06 (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 12- 14 -06. 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 03- 14 -07, and was filed with the City Clerk on 03- 13 -07. The Board met to consider the Chiefs Report on 04 -10 -07 and 05- 07 -07. The Board voted to review the Chiefs Report in accordance with section 8 -8 -7, B (1) (a), "on the record with no additional investigation." FINDINGS OF FACT A charge of excessive use of force by an ICPD officer at the complainant's residence on 10 -23 -06 led the Complainant to file a complaint to the ICPD. The complaint was assigned to Internal Affairs, who investigated and exonerated the officer's actions. The Board reviewed that report, including the Complainant's and the Officer's accounts of the incident. The Board did not receive a complaint regarding use of excessive force. On 10- 24 -06, officers were granted a warrant for the search of the complainant's residence. The search was conducted on 10- 25 -06. In the complaint to the Board on 12- 14 -06, the Complainant alleged the search was done in retaliation of filing the complaint to the ICPD regarding an officer's behavior, and that in the process of the search, the investigators "trashed" the residence. CONCLUSIONS After reviewing the Complaint and the Chiefs report, the Board concluded the allegations were not substantiated. The search warrant was file stamped at 1:56 P.M. on 10- 24 -06, and was part of an on -going investigation. The complaint against the officer's actions was not received until 2:10 P.M. on 110- 24 -06. Because the search warrant was filed before the subject's complaint, the search warrant could not have possibly been issued in retaliation of the complaint against an ICPD officer. Photos taken of the interior of the residence showed the apartment to be in disarray prior to the search by the police. Allegation #1 - Retaliation - NOT SUSTAINED Allegation #2 - Destruction of Property - NOT SUSTAINED COMMENTS None. Page 1 of 1 Kellie Tuttle From: Tom Widmer Sent: Tuesday, May 15, 2007 8:29 AM To: Kellie Tuttle Subject: PCRB ... Question regarding Use of Force Statistics While it is fresh on my mind, I wanted to report my findings regarding the October 23, 2006 incident (ICPD Incident #54250, PCRB 6 -06). As you pointed out, that incident was not reflected in the October Use of Force Summary. The summary report was complied by the officer assigned to Planning and Research, Sgt. Doug Hart. A search of his documentation failed to show a copy of the #54250 report. However, the original Use of Force Report was located in the Internal Affairs documentation ... and it had Sgt. Hart's initials indicating that he had reviewed it. In short, the use of force report was completed by the original contact officer and Sgt. Hart reviewed this report as it was properly documented and located in our permanent files. Sgt. Hart somehow failed to document it for the monthly statistics. This error would also have resulted in the bi- monthly use of force review count for September - October 06 being off by one as we work off reports complied by Planning and Research. Captain Tom Widmer (319) 356 -5272 tom - widmer @iowa - city.org Iowa City Police Department 410 E. Washington Iowa City, IA 52240 5/21/2007 DRAFT # 1 POLICE CITIZENS REVIEW BOARD GENERAL RESPONSIBILITIES Established in 1997, by ordinance #97 -3792, the Iowa City Police Citizens Review Board (PCRB) consists of five members appointed by the City Council. The PCRB has its own legal counsel. The Board was established to assure that investigations into claims of police misconduct are conducted in a manner that is fair, thorough, and accurate, and to assist the Police Chief, the City Manager, and the City Council in evaluating the overall performance of the Police Department by reviewing the Police Department's investigations into complaints. The Board is also required to maintain a central registry of complaints and to provide an annual report setting forth the numbers, types, and disposition of complaints of police misconduct. It may recommend that the City Council hold public forums and /or hearings designed to encourage citizens to provide information, recommendations, and opinions about police policies, procedures, and practices. To achieve these purposes, the Board complies with Chapter 8 of the Iowa City Code and the Board's By -Laws and Standard Operating Procedures and Guidelines. ACTIVITIES AND ACCOMPLISHMENTS FOR FISCAL YEAR 2007 Meetings The PCRB holds monthly meetings on the second Tuesday and special meetings as necessary. During FY07 the Board held thirteen meetings. Three meetings were cancelled due to lack of Board business. ICPD Policies /Procedures /Practices Reviewed By PCRB The ICPD regularly provided the Board with monthly Use of Force Reports, Internal Investigation Logs, Demographic Reports and various Training Bulletins. The Department also provided various General Orders for the Board's review and comment. A senior member of the Police Department routinely attended the open portion of the PCRB meetings, and is available for any questions Board members have regarding these reports. Presentations None. Board Members There were no changes to the make -up of the Board during FY07. In October officers were nominated with Michael Larson as Chair and Elizabeth Engel as Vice Chair. COMPLAINTS Number and Type of Allegations Four complaints (06 -03, 06 -04, 06 -05, 06 -06) were filed during the fiscal year July 1, 2006 — June 30, 2007. Five public reports were completed during this fiscal period (06 -02, 06 -03, 06 -04, 06 -05, 06- 06). The five completed public reports involved 10 allegations. Allegations Complaint #06 -02 1. Intimidation, Harassment, Threats. 2. Officers refused to allow prayer. PCRB Annual Report FY 2007 - (Approved ? ? ? ? ? ? ? ?) — 2 Complaint #06 -03 1. Personal Conduct. 2. General Conduct on Duty. Complaint #06 -04 1. Inappropriate Behavior. 2. Wrongful Arrest. Complaint #06 -05 1. Unwarrantable delay in accomplishing the ticketing and searching tasks. 2. Use of harsh tone of voice, of glaring at the Complainant, of using disrespectful language, of insulting and degrading the Complainant, and showing prejudice. Complaint #06 -06 1. Retaliation. 2. Destruction of Property. Level of Review The Board decided, by simple majority vote, the level of review to give each report, selecting one or more of the six levels specified in the City Code per complaint: Level a On the record with no additional investigation 4 Level b Interview or meet with complainant 1 Level c Interview or meet with named officer 1 Level d Request additional investigation by Chief or 1 City Manager, or request police assistance in the Board's own investigation Level a Board performs its own additional investigation 1 Level f Hire independent investigators 0 Complaint Resolutions The Police Department investigates complaints to the PCRB of misconduct by police officers. The Police Chief summarizes the results of these investigations and indicates in a report (the Chief's Report) to the PCRB whether allegations are sustained or not sustained. (If complaints are made against the Chief, the City Manager conducts the investigation and prepares and submits the reports.) The Board reviews both the citizens' complaint and the Chief's Report and decides whether the allegations should be sustained or not sustained. The Board prepares a report which is submitted to the City Council. Of the 10 allegations listed in the five complaints for which the Board reported, none were sustained. The Board made comments and /or recommendations for improvement in police policy, procedures, or conduct in four of the reports: Complaint #06 -02 The Board feels that the investigative report compiled by the ICPD investigator(s) and the Chief's Report is very comprehensive and thorough. The complainant refused to speak with investigators. It is commented in multiple interview /supplemental reports from VA and UIHC staff that the ICPD officers were very patient and respectful with the family while attempting to de- escalate the situation without use of physical means or arrests. No one observed any ICPD officer do anything disrespectful or inappropriate in action or speech while dealing with the family. PCRB Annual Report FY 2007 - (Approved ? ? ? ? ? ? ? ?) — 3 Complaint #06 -03 The Board wishes that the Chief had addressed formally the allegations of handcuffing and alleged arrest of a juvenile as listed by the complainant and as stated by the Chief in his cover letter and his Report to the Board. The Report included investigation regarding these allegations but did not issue Findings. Handcuffing and Arrests of Juveniles: The Board recommends a review of OPS -19.1, Juvenile Procedures, with emphasis on handcuffing of juveniles and arrests of juveniles. In Car Recording Device Activation: The Board does not concur with the internal investigation conclusion that no policy violation occurred when no officer activated an in car recording device. OPS -12, In Car Recording Devices [effective 8/4/1999], section IV, states, "In addition to traffic stops, officers should manually activate the recording equipment on calls for service and on self initiated field activity." According to Merriam - Websters Collegiate Dictionary, 11t" Edition the operant, "should ", is "used in laws, regulations, or directives to express what is mandatory" and placed an obligation on the officer(s) at the scene and involved in the field investigation to activate their recording device(s). The existence of a visual /audio documentary of the events which transpired during the detention of the juvenile(s) would have been an invaluable tool for the resolution of PCRB #06 -03, if after viewing the recording of the incident, a complaint had transpired at all. Disrespectful Commentary: The Board suggests that consideration be given to additional training and a review of Leg -01, Civil Rights, III- (D) -(2), "Act, speak and conduct themselves in such manner as to treat all persons with courtesy and with that respect due to every person as a human being." In the Investigator's Report, it was acknowledged by officers at the scene that certain officer(s) did not exhibit the consummate level of professionalism that is typically exhibited by the members of the ICPD. Officer Communication at the Scene: The Investigator's Report documented conflicting information among the officers who had direct contact with the juveniles. The Investigator's report detailed multiple incorrect assumptions made by officers at the scene due to a lack of communication between the lead officer and those detaining the juvenile(s). i.e.: "Officer II said he had assumed that Juvenile 2 (Juvenile 1) had been arrested by Officer I, and he searched him incident to the arrest." Incident Documentation: The Board concurs with the Chief's assessment that a review of reporting requirements is necessary. The Board suggests a review of OPS V., Reporting Use of Force, and review of LEG -03, Field Interviews and Pat Down Searches, be included in the additional training. Complaint #06 -04 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 seat belt be worn properly. Complaint #06 -05 We commend the Officer involved in this case for activating the in -car camera. The evidence from the recorded video made it possible for the investigating officers to compare the accusations received from the Complainant with what was captured by the in -car camera. This Complaint demonstrates the value of consistent use of the in -car cameras when there is need for later review of actions. PCRB Annual Report FY 2007 - (Approved ? ? ? ? ? ? ? ?) — 4 Name - Clearing Hearings The ordinance requires that the Board not issue a report critical of the conduct of a sworn officer until after a name - clearing hearing has been held. During this fiscal period, the Board scheduled one name - clearing hearing of which the officer(s) declined. Mediation Officers and complainants are notified by mail that formal mediation is available to them at any stage in the complaint process before the Board adopts its public report. All parties involved must consent to a request for mediation. No mediations were convened this year. Complaint Histories of Officers City ordinance requires that the annual report of the PCRB must not include the names of complainants or officers involved in unsustained complaints and must be in a form that protects the confidentiality of information about all parties. Complaints were filed against twelve officers in the five complaints covered by the FY07 annual report. ICPD Internal Investigations Logs The Board reviewed the quarterly ICPD Internal Investigations Log, provided by the Chief of Police. COMPLAINT DEMOGRAPHICS The following is demographic information from the five complaints that were completed in this fiscal year. Because complainants provide this voluntarily, the demographic information is incomplete. Category /Number of Complainants Age: National Origin: Color: Over 21 3 US 1 African American 2 Unknown 2 Unknown 4 Unknown 2 White 1 Sexual Orientation: Heterosexual 0 Unknown 4 Lesbian 1 Marital Status: Single 1 Married 1 Unknown 3 Physical Disability: Unknown 5 BOARD MEMBERS Michael Larson, Chair Beth Engel, Vice Chair Candy Barnhill Loren Horton Greg Roth Gender Identity: Sex: Unknown 5 Male 2 Unknown 2 Female 1 Religion: Mental Disability: Unknown 4 Unknown 5 Baptist 1 clerk/Annual Report 06- 07.doc