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HomeMy WebLinkAbout03-11-2008 Police Citizens Review BoardAGENDA POLICE CITIZENS REVIEW BOARD March 11, 2008 — 5:30 P.M. LOBBY CONFERENCE ROOM 410 E. Washington Street ITEM NO.1 CALL TO ORDER and ROLL CALL ITEM NO. 2 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED • Minutes of the meeting on 01 /08/08 • ICPD General Order 01 -01 (Racial Profiling) • ICPD General Order 01 -06 (Juvenile Procedures) • ICPD General Order 07 -01 (Patrol Rifle) • ICPD Memorandum, Quarterly Summary Report (all quarters) IAIR/PCRB, 2007 • ICPD Department Memo 08 -04 (September- December Use of Force Review) • ICPD Use of Force Report — October 2007 • ICPD Use of Force Report — November 2007 • ICPD Use of Force Report — December 2007 ITEM NO. 3 OLD BUSINESS • Review of amended SOP's (Changes necessary by 11/6 election) 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. 8 TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • April 8, 2008, 5:30 P.M., Lobby Conference Room • May 13, 2008, 5:30 P.M., Lobby Conference Room • June 10, 2008, 5:30 P.M., Lobby Conference Room • July 8, 2008, 5:30 P.M., Lobby Conference Room ITEM NO. 9 ADJOURNMENT MEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City DATE: March 7, 2008 TO: PCRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on March 11, 2008 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 03/11/08 • Minutes of the meeting on 01/08/08 • ICPD General Order 01 -01 (Racial Profiling) • ICPD General Order 01 -06 (Juvenile Procedures) • ICPD General Order 07 -01 (Patrol Rifle) • ICPD Memorandum, Quarterly Summary Report (all quart ers) IAIR /PCRB, 2007 • ICPD Department Memo 08 -04 (September- December Use of Force Review) • ICPD Use of Force Report — October 2007 • ICPD Use of Force Report — November 2007 • ICPD Use of Force Report — December 2007 • PCRB Complaint Deadlines • PCRB Office Contacts — January 2008 • PCRB Office Contacts — February 2008 • Draft changes to the PCRB Standard Operating Procedures Other resources available: National Association for Civilian Oversight of Law Enforcement NACOLE provides information regarding civilian oversight in law enforcement nationwide. For more information see: www.NACOLE.org DRAFT POLICE CITIZENS REVIEW BOARD MINUTES — January 8, 2008 CALL TO ORDER: Chair Michael Larson called the meeting to order at 5:32 p.m. MEMBERS PRESENT: Elizabeth Engel, Donald King MEMBERS ABSENT: Loren Horton, Greg Roth STAFF PRESENT: Staff Kellie Tuttle, Legal Counsel Catherine Pugh (5:36 p.m.) STAFF ABSENT: None OTHERS PRESENT: Captain Tom Widmer of the ICPD; and public, Dean Abel RECOMMENDATIONS TO COUNCIL None. CONSENT CALENDAR Motion by King and seconded by Engel to adopt the consent calendar as presented or amended. • Minutes of the meeting on 12/12/07 • ICPD General Order 95 -04' (Administration of Department Training) • ICPD General Order 99 -01 (Police Vehicle Pursuits) • ICPD General Order 07 -02 (Detainee Processing) • ICPD SOG 01 -15 (Criminal Investigations) King noted that General Order', #99 -01 (Police Vehicle Pursuits) had been reviewed the previous month and inquired what the change was. Widmer said he would have to check on the change and get back to the Board at their next meeting. Motion carried, 3/0, Horton and Roth absent. OLD BUSINESS Changes necessary by 11/6 election — Pugh stated she had a call into the City Attorneys office. The plan is to leave a lot of latitude for the Board regarding public forums and then to hopefully format the section on subpoena power after another board /commission. She is planning on having a draft of the amended SOP's for the Board at their next meeting to review. NEW BUSINESS None. PUBLIC DISCUSSION Abel inquired as to where he could find the General Orders and how it was determined when they would be reviewed again. Widmer directed Abel to the Police Departments website for the General Orders and that each General Order has a reevaluation date on it. The General Orders are also supplied to the PCRB when any changes are made before',the reevaluation date. Abel also mentioned to the Board that the Human Rights Commission has subpoena power. Abel asked if someone had found out whether the number assigned to the officers in the Chief's report to the Board were unique to each officer. Tuttle stated that it had been confirmed with the Police Department and that the numbers were assigned to each officer and the same number would be used again if the officer was mentioned in another complaint. January 8, 2008 Page 2 BOARD INFORMATION None. STAFF INFORMATION None. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • February 12, 2008, 5:30 P.M., Lobby Conference Room (CANCELLED) • March 11, 2008, 5:30 P.M., Lobby Conference Room • April 8, 2008, 5:30 P.M., Lobby Conference Room • May 13, 2008, 5:30 P.M., Lobby Conference Room Engel announced that she will not be available for the February 12th meeting. Motion by King, seconded by Engel to cancel the February 12 meeting due to lack of Board business. Motion carried, 3/0, Horton and Roth absent. ADJOURNMENT Motion for adjournment by King and seconded by Engel. Motion carried, 3/0, Horton and Roth absent. Meeting adjourned at 5:51 P.M. x ��OyC II II II II II eD f y ft es es CD e s=. y y _ C�J � � nra d o� fD O0 C�7 n O b O r n n y C�J O va o o ►d �� y y _ C�J � � nra d o� fD O0 C�7 n O b O r n n y C�J O OPS -17.1 INDEX AS: Racial Profiling Search and Seizure - Complaints raffic Stops Supervisor Responsibilities rrests Warrants riscipline ty I. PURPOSE The purpose of this order is to unequi ocally state that racial and ethnic profiling by members of this department in the dis& arge of their duties is unacceptable, to provide guidelines for officers to prevent suci occurrences, and to protect officers from unfounded accusations when they act within the parameters of the law and departmental policy. II. POLICY It is the policy of the Iowa City Police Department to patrol in a proactive manner, to investigate suspicious persons and circumstances, and to actively enforce the laws, while insisting that citizens will only bedetained when there exists reasonable suspicion (i.e. articulable objective facts) to believe they have committed, are committing, are about to commit an infraction of the law, or there is a valid articulable reason for contact. Additionally, the seizure and request for forfeiture of property shall be based solely on the facts of the case and without regard to race, ethnicity or sex. RACIAL PROFILING Date of Issue January 10, 2001 General Order Number 01 -01 Effective Date January 18, 2008 Section Code OPS -17 Reevaluation Date January 2009 Amends / Cancels C.A.L.E.A. 1.2.9 Reference INDEX AS: Racial Profiling Search and Seizure - Complaints raffic Stops Supervisor Responsibilities rrests Warrants riscipline ty I. PURPOSE The purpose of this order is to unequi ocally state that racial and ethnic profiling by members of this department in the dis& arge of their duties is unacceptable, to provide guidelines for officers to prevent suci occurrences, and to protect officers from unfounded accusations when they act within the parameters of the law and departmental policy. II. POLICY It is the policy of the Iowa City Police Department to patrol in a proactive manner, to investigate suspicious persons and circumstances, and to actively enforce the laws, while insisting that citizens will only bedetained when there exists reasonable suspicion (i.e. articulable objective facts) to believe they have committed, are committing, are about to commit an infraction of the law, or there is a valid articulable reason for contact. Additionally, the seizure and request for forfeiture of property shall be based solely on the facts of the case and without regard to race, ethnicity or sex. OPS -17.2 III. DEFINITIONS Racial profiling - The detention, interdictio , exercise of discretion or use of authority against any person on the basis of their r(, or ethnic status or characteristics. Reasonable suspicion - Suspicion that is based on a set of articulable facts and c reasonable caution to believe that an infrE to be committed or is in the process of under suspicion. ( "Specific and articulabl is afoot. ") more than a "mere hunch" or curiosity, but is ircumstances that would warrant a person of ction of the law has been committed, is about being committed, by the person or persons cause to reasonably believe criminal activity IV. PROCEDURES The department's enforcement efforts will be directed toward assigning officers to those areas where there is the highest likelihood that vehicle crashes will be reduced, complaints effectively investigated or addressed, and /or crimes prevented through proactive patrol. A. In the absence of a specific, credible report containing a physical description, a person's race, ethnicity, or gender, or any combination of these shall not be a factor in determining probable cause for an arrest or reasonable suspicion for a stop. B. Traffic enforcement shall be accornpanied by consistent, ongoing supervisory oversight to ensure that officers do not go beyond the parameters of reasonableness in conducting such activities. 1. Officers shall cause accurate statistical information to be recorded in accordance with departmental guidelines. 2. The deliberate recording of any inaccurate information regarding a person stopped for investigative or enforcement purposes is prohibited and a cause for disciplinary action, up to and including termination of employment. C. Motorists and pedestrians shall only I be subjected to investigatory stops or brief detentions upon reasonable suspicion that they have committed, are committing, or are about to commit an infraction of Ithe law. Each time a motorist is stopped or detained, the officer shall radio to the dispatcher the location of the stop and any pertinent descriptors relevant or unique to that stop. The exception to this procedure is when officers are taking part in safety checkpoints and are working with other officers. D. If the police vehicle is equipped with i video camera, the video and soo'd shall be activated prior to the stop to record the circumstances surrounding th -- stop, ;and shall remain activated until the person is released. E. No motorist, once cited or warned, shall be detained beyond the point where there exists no reasonable suspicion of further criminal activity. OPS -17.3 F. No person or vehicle shall be searched in the absence of a warrant, a legally recognized exception to the warrant requirement as identified in General Order 00 -01, Search and Seizure, or the person's voluntary consent. 1. In each case where a search is conducted, information shall be recorded, including the legal basis for the search, and the results thereof. 2. A cursory "sniff' of the exterior of vehicle stopped for a traffic violation by a police canine may be recorded on the department's canine action report form. TRAINING Officers shall receive initial and tactics, including training in officer governing search and seizure, 1. Training programs will emph citizens to be free from un action. COMPLAINTS OF RACIAUETHNIC ing training in proactive enforcement ty, courtesy, cultural diversity, the laws interpersonal communications skills. the need to respect the rights of all cable government intrusion or police (LING Any person may file a complaint with the department if they feel they have been stopped or searched based on racial, ethnic, or gender -based profiling. No person shall be discouraged or intimidated from filing such a complaint, or discriminated against because they have filed such a complaint. 1. Any member of the department contacted by a person, who wishes to file such a complaint, shall refer the complainant to a Watch Supervisor who shall provide them with a departmental or PCRB complaint form when requested. The supervisor shall provide information on how to complete the departmental complaint for and shall record the complainants name, address and telephone number 2. Complaints which result in t e initiation of an investigation shall be conducted as directed by eneral Order 99 -06, Internal Affairs Investigations. 3. Supervisors should periodically) review a sample of in -car video of stops made by officers under their command. Additionally, supervisors shall review reports relating to stops by officers under their command, and respond at random to assist or observe officers on vehicle stops. 4. Supervisors shall take appropr ate action whenever it appears #hat this policy is being violated. _- - II REVIEW - OPS -17.4 1. On an annual basis or as requested by the Chief of Police, the Commanding Officer Administr tive Services, or designee, shall provide reports to the Chief of Police ith a summary of the sex, race, and /or ethnicity of persons stopped. 2. If it reasonably appears that thi officers has unduly resulted in a racial or ethnic minority, a d such disproportionality appears unit, section, or individual. Thy or officer shall provide written r or grounds for the disproportion 3. Upon review of the written notic training towards the affected ur number of self- initiated traffic contacts by isproportionate contacts with members of termination shall be made as to whether Iepartment wide, or is related to a specific commander of the affected unit, section, ►tice to the Chief of Police of any reasons to rate of contacts. the Chief of Police may direct additional 'sections or to individual officers. 4. On an annual basis, the de artment may make public a statistical summary of the race, ethnicity, and sex of persons stopped for traffic violations. 5. On an annual basis, the de artment may make public a statistical summary of all profiling comp) ints for the year, including the findings as to whether they were sustained, not sustained, or exonerated. D If evidence supports a finding of a continued ongoing pattern of racial or ethnic profiling, the Chief of Police may institute disciplinary action up to and including termination of employment of any involved individual officer(s) and /or their supervisors. This directive is. 6r der Samuel Hargad' e, Chief of Police not:aapply, in any Criminal or cvi iary .sense with respect- to third -part) y' form ythe :basis rfor ` Ieparb enta JUVENILE PROCEDURES Date of Issue NOVEMBER 20. 2001 I General Order Number 01 -06 Effective Date Section Code January 17, 2008 O Reevaluation Date Amends / Cancels JANUARY 2009 C.A.L.E.A. 1.2.5. Chaster 44. 82.1.2 INDEX AS: Arrest Investigation Procedures Searches I. PURPOSE The purpose of this policy is to provide Department when dealing with juvenil, situations. Reference OPS -19.1 CJ -� y luidelines for members of the Iowa City Police > in enforcement, custody, and child welfare II. POLICY The Iowa City Police Department is committed to the reduction of juvenile delinquency and committed to the development and continuation of programs designed to prevent and control juvenile delinquency. The Departments juvenile function is the equal responsibility of all members, units an functions within the department. It is the responsibility of all members of the Iowa City Police Department to familiarize themselves with juvenile problems and established procedures for handling both criminal and non - criminal juvenile incidents as defined in this policy. Officers should bear in mind that only a small percenta a of juveniles commit the majority of juvenile crimes. While this small percentage may require secure custody, the vast majority of juvenile offenders are likely candidates for non - secure custody and positive diversion and intervention strategies. With this irn mind, officers should, when reasonable and justified under this policy, take those measures necessary to effect positive changes in juvenile offenders that are consistent with state law and the safety and security interests of the community. III. DEFINITIONS Status Offender: A juvenile who is cha committed by an adult. OPS -19.2 with an offense that would not be a crime if Responsible Adult: In the absence oi a juvenile's parents or legal guardian, a responsible adult is one who is responsible for the physical custody of a juvenile or who is another adult acquaintance of the juvenile's parents or legal guardian who agrees and reasonably demonstrates the ability to provide supervision for the juvenile until parents, guardians or next of kin can assume responsibility. Non - Secure Custody: A condition under which a juvenile's freedom of movement is controlled by members of this agency and during such time, the juvenile 1. is held in an unlocked, multi - purpose area that is in no way designed for residential use, such as a report writing room or an office or; 2. is at no time handcuffed to any tationary object or; 3. is held only long enough to complete identification, investigation and processing and then released to a parent, guardian or responsible adult or transferred to a juvenile facility or court; or, 4. is under continuous visual supervision until released. Secure Custody: A condition in which a j ivenile is physically detained or confined in a locked room, set of rooms or a cell that is designated, set aside or used for the specific purpose of securely detaining persons wh are in law enforcement custody or when the juvenile is physically secured to a stations y object. IV. PROCEDURES A. Enforcement Alternatives Officers dealing with juveniles in enfor discretion as outlined in this policy in dec may be considered include, but are not lir 1. release without further action; 2. informal counseling to inform th 3. informal referrals to community 4. referral to parents or responsibl 5. informal counseling of parents 6. limited non - secure custody and 7. issuance of summons or compl 8. arrest under non - secure custod 9. arrest under secure custody. Upon deciding on an appropriate cou notification requirements, consistent with ement capacities may exercise reasonable ling on appropriate actions. Alternatives that ited to; youth of the consequences of his actions; ,ervices; adult; responsible adult; yarning at the PD; - - int; and ,e of action, officers should abide bj any late law and other departmental directives. B. Enforcement Criteria The following general guidelines may be and related actions that may be taken wl I. Release without further action fo certain minor incidents. II. When in the officers opinion, more officer may elect to do one or more of parent(s), guardian or other responsib appropriate community service agency i the PD until he /she can be released to appropriate when: A. the incident is of a more seriou B. the attitude conveyed by the seriousness of the incident; or C. the juvenile has received prior delinquent acts; or D. the juvenile's parent, guardian control or supervision III. Officers may make a delinquency ref incident meet or exceed the seriousnes: criminal referral against juveniles when th A. Acts that if committed by an a level charge. B. acts involving weapons; C. gang related offenses; D. acts which are assaultive in nat E. acts committed while on prol against them; F. acts as repeat offenders or wh( or intervention programs; or G. When it has been determine ineffective. When a juvenile is taken into custody an be transported to the police department practical, after being taken in to custody. IV. An officer may also take a juvenile into to life or health, seriously endangered o disposition. In all such cases these juvei officers should contact the juvenile's pE possible. When the parent(s) or guardi custody, the officer should contact the Yoe OPS -19.3 !d in determining appropriate enforcement dealing with juvenile incidents: g informal counseling may be appropriate in an informal counseling needs to occur, the a following: Make contact with the juvenile's adult; make a delinquency referral to an h or without follow -up; detain the juvenile at parent or guardian. These actions may be nature; or ivenile demonstrates a lack of realizing the ng, referrals, or has engaged in previous responsible adult fails to provide appropriate rral when the circumstances surrounding the mentioned above. Officers should make a y commit: ult would be serious misdemear, or higher re; - ation or when they have charges pending - -- i they have refused to participat6 in diversion that parental or other adult supervision is when circumstances warrant, he /she should the detention facility as soon as reasonably custody if the juvenile is in imminent danger is a runaway, or in violation of an order of les shall be held in non - secure custody and ent(s) or guardian as soon as reasonably n cannot be contacted or refuse to accept h Shelter for placement. V. In cases of alleged child abuse or child(ren) / juvenile involved.. The w; determination made as to if an investigal officer should make telephonic contact finish the initial report and forward the investigations section. Copies of all rep( of Human Services. Where probable cai abuse, an arrest is justified and the sus insufficient information available at the tir of child abuse, the officer shall, in consul take steps to ensure the safety of the chit C. Status Offenses I. Based on the seriousness of and background and demeanor of the juveni release a juvenile to his parents, guardiar a juvenile to someone other than the parE contact the parents for approval of the someone other than a parent, the officer custody prior to the release of the juvenile II. Juveniles taken into custody for being transported. III. Handcuffs or other restraints will only custody physically resists; threatens physi being taken into custody for an alleged d when in the judgment of the officer, the ji or others. IV. Officers shall pay particular attention drugs to determine whether emergency m OPS -19.4 endangerment, first insure the safety of the ch supervisor should be contacted and a r should be called or whether the responding ,ith the Department of Human Services and ,port before the end of his /her watch to the is shall also be forwarded to the Department 3e exists to support a criminal charge of child act should be taken into custody. If there is to make a determination as to the existence ition with the Department of Human Services, (ren) /juvenile. ;ircumstances surrounding the offense, the a and other relevant factors, an officer may or other responsible adult. Prior to releasing nt, the officer shall make reasonable steps to release. When the juvenile is released to ;hall identify and document the person taking offenses may be frisked for weapons prior to be used when: the juvenile being taken into ;al violence when being taken into custody; is �Iinquent act of violence against a person; or venile presents a risk of injury to themselves juveniles under the influence of alcohol or ical services are warranted. V. Juveniles taken into custody for status offenses shall be held in non - secure custody, for the purposes of identification, investigation, and related processing requirements to facilitate their release to a parent or responsible adult or transport to a juvenile shelter facility. VI. Transportation of a juvenile in a "cag " vehicle is not considered secure custody. VII. Status offenders and other juveniles taken into custody should not be: placed "in an area with adult suspects and shall also be: 1. under constant observation; 2. afforded reasonable access to toilets and washing facilities,_: x� 3. provided with access to ater or other nourishment as needed 4. allowed reasonable access to a telephone. D. Criminal Offenses I. Juveniles taken into custody for crimi the juvenile physically resists; threatei custody; is being taken into custody for person; or when, in the reasonable judg of injury to themselves or others. The I as soon as reasonably possible once a ji II. Unless the juvenile is placed in s released to their parent, guardian, cus- approved by the court. III. Fingerprints and photographs of j Code of Iowa chapter 232.148. IV. Juveniles in custody should be ques, Juvenile Waiver form. When practical, ju, parent(s). To the extent practical, parent interrogation of juveniles. Questioning preferably one hour or less, and questioni V. Prior to terminating an interrogation, and /or his /her legal guardian or respor making contact with the juvenile court applicable court appearances or other mi VI. Prior to requesting consent to sear contact the person in actual control of t consent to search from a juvenile, of Officers should not request consent to s age of fourteen. When requesting con: officer shall clearly explain the volunta juvenile to refuse the request. OPS -19.5 type offenses may be placed in restraints if physical violence when being taken into alleged delinquent act of violence against a nt of the officer, the juvenile presents a risk ant, guardian, or custodian shall be notified nile is taken into custody. ter care or detention, the juvenile shall be ian, responsible adult relative, or other adult iles shall be taken in conformance with the :)ned in conformance with the Departmental aniles should be allowed to consult with their should be allowed to be present during the of juveniles should be limited in duration, g limited to two officers. ie questioning officer shall advise the juvenile ;ible adult of the procedures to be used in office, in addition to information relating to ans of dealing with criminal charges. from a juvenile, officers should attempt to property to be searched. When requesting !rs shall consider the age of the juvenile. ch from juveniles appearing to be under the t to search from a juvenile, the requesting nature of the request and the right of the A. When officers are unable to contact the person in actual control of the property to be searched, and the search is based on the consent of a juvenile fourteen years of age or older, the officer shall request a supervisor respond to the scene to determine how to proceed. This section does not apply when the pr perty to be searched is a motor vehicle and under the control of a juvenile. E. Reporting I. Officers shall document contacts r Complaint form. The form shall be fil contacts include but are not limited to: A. When a charge is filed or cont in chapter 232.8 of the Code of log B. transport of juveniles; C. Field Interview (FI) contacts i lieu of FI cards), in these type s that it was a FI contact. D. juveniles in the company of committed; E. Other circumstances as d Review Officer. OPS -19.6 juveniles on the Departmental Juvenile out as completely as possible. Juvenile plated, other than the exceptions contained (cite and release exceptions) juveniles (for juveniles this will be used in ions officers should note on the complaint at the proximate time an offense was ined by watch supervisors or the Report II. Officers shall fill out the Incident Report form consistent with those categories in which one is required for adult suspects. III: On an annual basis the Sergeant of and report on the enforcement and pre report shall include both a quantitative contain recommendations for the c departmental efforts and or directives. lanning and Research shall analyze, evaluate ration actions taken by the department. The A qualitative component. The report should ntinuance and /or modification of current seeding. Tho .departmentlicy; shoo d !1= standard of, safety or care- in an V 'ns. Violations of this directive will inistrative'sanctions. Samuel Hargadi , Chief of Police OPS -20.1 • PATROL RIFLE Date of Issue General Order Number August 28, 2007 07 -01 Effective Date Section Code February 5, 2008 OPS -20 Reevaluation Date Amends / Cancels February 2009 C. A. L. A. Reference 1.3.9, 1.3.10, 1.3.11 INDEX AS: Ammunition Training Firearms Weapons i„ S AT- Munitions Use o Force SRT I. PURPOSE To provide guidelines for the proper use of semi - automatic rifles in the performance of police duties. II. POLICY The Iowa City Police Department issues semi - automatic rifles to specifically selected patrol officers for unconventional situations where the police may face heavily armed and /or ballistically protected criminal suspects or armed mentally unstable subjects. These rifles are a tool to allow the potential resolution of these incidents by allowing a tactical advantage not available with more conventional police firearms. 111. DEFINITIONS SEMI - AUTOMATIC RIFLE - For the purposes issue rifle is the Rock River Arms CAR A4- a caliber with 16 inch barrel and 30 round c Dacity OPS -20.2 of this instruction, the ICPD semi - automatic rifle in .223 box magazine. PATROL RIFLE OPERATOR (PRO) - A specially selected and trained officer of the patrol division currently issued one of the above rifles. Operators are selected based on guidelines established by the Commander of Field Operations. IV. RULES A. Patrol rifles are only to be de�loyed under guidelines established by this order. B. The decision to fire the rifle shall be in accordance with State Law and the ICPD Use of Force General Order 99 -05. C. Off -duty Patrol Rifle Operator., from the Department premise: shall be stored and secure( 724.22(7) and ICPD Weapons V. PROCEDURES A. Deployment of Patrol Rifles 1. Patrol Rifles shall be c officer may reasonably afforded by the rifle wou may remove agency issued rifles only for practice purposes. Rifles in accordance with Iowa Code eneral Order 00 -08. 0 an an 7­1 ployed only in situations that t6� co elieve that the tactical advanta!, &- be necessary. _ This order does not s ek to articulate the only situations where rifle deployment is appropriate. Officer /supervisor judgment is the first indicator of appropriate deployment. 2. The patrol rifle may be deployed in situations: a. Where the officer believes a suspect he /she may encounter is wearing protective body armor or b. Is believed to be armed with or has immediate access to high powered or shoulder fired weapons or C. Is believed to be armed and situated in a distant or fortified location which affords the suspect a tactically superior position. d. Other situations where approval for deployment of patrol rifle is authorized by the Watch Supervisor. OPS -20.3 B. Department Guidelines for Patrol Deployment 1. The patrol rifle is issued to individual officers specially trained in their use. Th rifles are issued in protective cases with 90 rounds of department approved and issued ammunition. a. All rifles are to be stored in the trunk of the assigned officer's patrol car during his /her tour of duty. Department issued rifles are to be secured in the officer's locker at the end of tour. No rifles shall be left in fleet vehicle trunks. b. Officers are res onsible for the safe and secure storage of their is 3ued rifles at all times. 2. Eck Physical readiness of the rifle. a. The rifle shall bE removed from riff b. Rifle magazines specifications. C. The rifle shou adequately maint rifle should occur Qualification a. PRO's shall qual to quarterly sig standards estat Instructors. b. During qualificati result in a secoi later. Failure to result in the off program for a pe C. Personally Owned Patrol R stored in the case with magazine chamber empty, hammer down. rill be fully loaded to manufacturer's d be inspected frequently and wined. An armorer's inspection of the at a minimum of one time per year. y with the rifle bi- annually in addition t confirmation in accordance with ished by the Department's Rifle >n, failure to fire a passing score will d attempt approximately one month ire a passing score at that time will -er being suspended from the rifle iod of not less than three months. The Iowa City Police Department shall allow individual officer o purchase and car ' p carry their own rifles, on duty, within parameters of this policy. 1. J 1 Qualifications for Individually Owned Patrol Rifles F1 . a. The officer must have successfully completed his probationary peri d.- b. The officer must submit a request to the Commander or Field Operatio s, via the Chain of Command. —i 2 3 OPS -20.4 C. The officer's limmediate supervisor and the Commander of ield Operations must approve the officer and wea on before a personally owned rifle can be used on dutv. Training a. Officers desiring o purchase and carry their own rifle must complete the same training and qualification as PRO's using Department owned weapons. b. The Department Rifle Instructors shall track and keep records of both department owned and personally owned rifles being used by Patrol Rifle Operators. All qualification and sight confirmation records will be provided to the Department's training officer. C. The officers appr ved to carry personally owned rifles must successfully complete bi- annual department rifle qualifications. Qualification rules as outlined in Section 3b apply to personally owned rifles as well_ Weapon Qualifications 0 -,` C? a. Rifle shall be a as- operated, semi - automatic, caliber rifle or the type commonly known as AR- 1t, r.,, but with various designations depending ups- manufacturer. ''? b. Rifle manufacturer shall be approved by Commander of Field Operations. C. The rifle barrel must be between 16 and 20 inches in length and may have either a fixed or collapsible stock. Officers vyho wish to carry a National Firearms Act registered short barreled rifle with a barrel length of less than 16 inches may do so with proof of registration submitted at time of application. Barrels of less than 10 inches will not be allowed. d. Rifle must be equipped with an appropriate tactical sling, not just a carry strap. e. Rifle must have an attached light with illumination capabilities at least equivalent to a 6 -volt light, or 65 Lumens. f. The rifle must have either fixed or flip -up iron sights. g. An optical sighting device may be used. Common examples of ac ptable optics would be Aimpoint or EOTech holographic sights. h. Officers can use ither 20 or 30 round magazines. i. Officers must have an appropriate case to protect the rifle in the patrol car. j. Rifle must be deployed using only .223 ammunition approved and supplied by the Iowa City Police Department. �I OPS -20.5 D. Special Response Team Members Trained SRT members may carry their assigned shoulder weapon while on duty and on their patrc I watch. SRT members carrying their assigned weapon must follow the rules outlined in this policy. E. Each Watch Commander will have assigned to their watch four (4) Patrol Rifle Operators. If an officer is a designated PRO and desires to transfer to another watch, that officer will be removed from the Patrol Rifle program and the rifle will be surrendered to the Watch Commander. The Watch Corn ander will secure the weapon and designate another officer as a PRO. The new PRO will complete the minimum course for Patrol Rifle operators and supply qualifying range scores and sight confirmation records to the Training and Accreditation Sergeant. W�£? Samuel Harga, Chief of Police VVAR " ING - This .directive is for, departmental u e only and does. not apply ir any criminal or civil proceeding. The department policy' should not be construed <as a creation of ='higher. le aU standard of, safety or; care in an evidentiary . sense with respect . to Tt ird -party claims. Violations of this f+irl]nfl \/D \All�� nnl� fnrw4 h..:.L.. `..:.: -V-: A ...: _ f�3 i CI-' }� W�£? Jy1 On MEMORANDUM TO: File FROM: Captain Johnson, Field RE: Quarterly /Summary DATE: January 7, 2008 Attached you will find the 2007 Summary Police Department Internal Affairs /Police cc: PCRB Chief Hargadine itions �r (all quarters) - IAIR/PCRB, 2007 Report, (All Quarters) , for the Iowa City Citizen's Review Board investigative file. sv i Year: 2007 IAIR/PCRB Quarterly- Summary Report- (All quarters) I.A.I. #:07 -01 PCRB M none Incident Date:01 -28 -07 Incident Time: 8:30PM Location: 410 East Washington St Date Assigned: 01 -28 -07 Allegation: 1) Violation of Rules/Regulations Allegation: Disposition: 1) Differential treatment 1) Sustained 2) Improper conduct I.A.I. #:07 -02 PCRB M none Incident Date:05 -30 -07 Incident Time: 8:20PM Location: 2300 blk. Whispering Date Assigned: 06 -14-07 Meadow 1) Deportment Allegation: 2) Improper conduct 1) Differential treatment Disposition: 2) Improper conduct 1)Sustained Disposition: 2 Sustained 1) Unfounded 2) Exonerated I.A.I. #:07 -03 PCRB M none Incident Date:07- 23,30 -07 Incident Time: Various Location: 410 East Washington St Date Assigned: 08 -01 -07 Allegation: 1) Deportment 2) Improper conduct Disposition: 1)Sustained 2 Sustained I.A.I. #:07 -04 PCRB M none Incident Date:08 -06 -07 Incident Time: 1:60AM Location: 10 blk. S. Gilbert St Date Assigned: 08 -14 -07 Allegation: 1) Use of Force 2) Improper conduct Disposition: 1)Sustained 2)Sustained C) I.A.I. #:07 -05 PCRB M none Incident Date:05 -04 -07 Incident Time: 7:23AM Location: 400 Iowa Avenue Date Assigned: 09 -17 -07 Allegation: t -- 1) Improper action f..'. 2) Improper demeanor Disposition: 1) Sustained 2 Unfounded I.A.I. #:07 -06 PCRB M none Incident Date:10 -03 -07 Incident Time: 4:30PM Location: Iowa City Date Assigned: 10 -22-07 Allegation: t -- 1) Improper action f..'. Disposition: 1) Sustained I.A.I. #:07 -07 PCRB M none Incident Date: 10-20-07 Incident Time: Various Location: 2000 block Lakeside Date Assigned: 10 -26 -07 Allegation: t -- 1) Improper conduct f..'. 2) Excessive force Disposition: 1) Unfounded 2) Unfounded I.A.I. #:07 -08 PCRB M none Incident Date:10 -18 -07 Incident Time: 8:42AM Location: College/Dodge Date Assigned: 11 -07 -07 Allegation: t -- 1) Improper Action f..'. Disposition: 1 Sustained I.A.I. #:07 -09 PCRB M 07 -01 Incident Date:09 -25 -07 Incident Time: 8:01 PM Location: 2401 Hwy 6 East Date Assigned: 12 -6 -07 Allegation: t -- 1) Improper Conduct f..'. Disposition: 1)Pending r� IOWA CITY POLICE III DEPARTMENT USE OF FO E REPORT October 2007 Ofc # Date Inc # Incident Force Used 2007- 33 10 -01 49922 Animal Officer used sidearm to destroy a sick raccoon. complaint 39 10 -04 50413 Animal Officer used sidearm to destroy a sick raccoon. complaint 06 10 -05 50717 Animal Officer used sidearm to destroy a sick raccoon. complaint 35 10 -07 51069 Out with Officer used hands -on control techniques to subject secure noncompliant prisoner in a patrol car. 22 10 -07 51186 Animal Officer used sidearm to destroy a sick raccoon. complaint 81/09/ 10 -10 51596 Fight Officers used hands -on control techniques & OC 11/12 to arrest & transport a combative person. 38/48/ 10 -11 51858• Domestic fight Officers displayed firearms while confronting an 57 assailant with a history of assaulting police. 84/20 10 -13 52212 Armed subject Officers displayed sidearms while arresting a person that had displayed a shotgun during an assault. 95 10 -13 52226 Fight Officer used hands -on control techniques to arrest a combative person that attempted to flee. 95/20 10 -13 52251 Fight Officer used hands -on control techniques to arrest an uncooperative person after a fight broke out at a loud party. 39 10 -16 52939 Assist other Officer used sidearm to destroy a sick raccoon agency (anima) on UI property at the request of UI DPS. 35/38/ 10 -20 53889 Armed subjec Officers used hands -on control techniques to 59 arrest & transport an uncooperative person that had been threatening others with a knife. 03 10 -21 53957 Out with Officer used hands -on control techniques to subject arrest an uncooperative intoxicated person. 05/44 10 -23 54245 Noise complaint Officers used hands -on control techniques to arrest a person that assaulted (kneed) one of the officers. 19/27/ 10 -25 54772 Out with Officers used hands -on control techniques to 45 subject arrest & transport two combative persons. OC was also used during the appre�Tsion &arrest of one of these persons when he-attempted to flee. — 24 10 -26 54968 Medical assis Officer used hands -on control techniques to control a noncompliant person & to facilitate medical treatment & transport to a hospital. 31 10 -27 55045 Out with Officer used hands -on control techniques & OC subject to arrest a fleeing, then combative, person. 31/35 10 -27 55077 Fight Officers used hands -on control techniques & active counter measures to arrest a combative person that tempted to flee. 03/05 10 -27 55087 Out with Officer used hands -on control techniques & OC subject to arrest a fleeing, then combative, person. 24 10 -27 55257 Animal Officer used sidearm to destroy a sick raccoon. complaint 19 10 -28 55090 Fight Officer used hands -on control techniques & baton strikes to arrest a combative person that assaulted the officer (punched in the face) & attempted to flee. 95 10 -28 55416 Fight Officer used hands -on control techniques to stop an assault & to arrest a combatant. 12 10 -28 55420 Out with Officer intervened between two combatants & subject used hands -on control techniques to arrest a person that would not de- escalate. 38 10 -29 55729 Animal Officer used sidearm to destroy an injured deer. complaint 57 10 -31 56087 Animal Officer used sidearm to destroy an injured deer. complaint I IOWA CITY POLICE DEPARTMENT USE OF FO E REPORT November 2007 OR # Date Inc # Incident Fora#, Used 2007- ; `R 27 11 -01 56310 Animal Officer used sidearm to destroy an injured deer. complaint 19 11 -01 56311 Stolen vehicle Officer displayed firearm while securing the two occupants of a stolen vehicle. 26 11 -03 56654 Mental Officer used hands -on control techniques to impairment facilitate transport of an uncooperative person for medical treatment. 39 11 -05 56960 Animal Officer used sidearm to destroy an injured deer. complaint 51 11 -08 57639 Animal Officer used sidearm to destroy an injured deer. complaint 55 11 -09 57671 Out with Officer used hands -on control techniques to sub' ect arrest & transport a noncompliant person. 03/51 11 -10 57969 Burglary Officers used hands -on control techniques & active counter measures to arrest a combative person. 38 11 -10 58069 Out with Officer used hands -on control techniques to subject arrest a combative person & to facilitate medical treatment when the arrestee assaulted medical personnel. 11/17/ 11 -11 58194 Out with Officers used hands -on control techniques & OC 18 subject to arrest a combative person. 19/57 11 -12 58492 Fight Officers used hands -on control techniques & OC to arrest a combative person. 36 11 -13 58541 Animal Officer used sidearm to destroy a deer that had complaint locked antlers with a 2nd [now dead] deer. 60 11 -13 58681 Animal Officer used sidearm to destroy a sick raccoon. complaint 05 11 -14 58719 Suspicious Officer used hands -on control techniques to person arrest a noncompliant person that had fled from police. 20 11 -17 59498 Fight Officer used hands -on control techniques to arrest a combative person. 04/42 11 -21 60163 Traffic stop Officers displayed sidearms while securing the driver of a vehicle that nearly ran over an officer. 60 11 -23 60344 Animal Officer used sidearm to destroy an injured cat. complaint i 20 11 -25 60525 Out with subj ect 08/44 11 -26 60685 Shots fired 16/33 11 -26 60768 Assist other agency Officer used hands -on control techniques to control a combative person attempting to harm himself. Officers displayed sidearms while securing the four occupants of a vehicle while investigating shots fired. Officers used hands -on control techniques & OC to arrest a noncompliant person actively resisting officers. IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT Deceinber 2007 Ofc # Date Inc # Incident Force Used 2007- 12 12 -02 61747 Out with Officer used hands -on control techniques to subject arrest a noncompliant person actively resisting officers. 04/06/ 12 -04 62189 Domestic fight Officers forced entry while displaying sidearms 21 & used hands -on control techniques to stop an assault & arrest an armed (knife) aggressor. 13 12 -05 62340 Animal Officer used sidearm to destroy a sick raccoon. complaint 29 12 -09 63108 Animal Officer used sidearm to destroy a sick raccoon. complaint 26 12 -10 63194 Out with Officer used hands -on control techniques to subject arrest a noncompliant person interfering in another police matter (arrest). 06 12 -13 63797 Animal Officer used sidearm to destroy an injured deer. complaint 29 12 -15 64207 911 hang -up Officer used hands -on control techniques to arrest & transport a combative person. 95 12 -16 64262 Fight Officer used hands -on control techniques to stop an assault & to arrest a combatant. 35 12 -19 64753 Assist other Officer used hands -on control techniques to agency arrest a combatant fleeing from a UIPD officer. DEPAR TO: Chief Hargadine, Watch FROM: Captain Widmer REF: September- December Use of DATE: January 24, 2008 The "Use of Force Review Committee" met Widmer, Sgt. Lord and Sgt. Kelsay. The review of submitted reports for Septemb 38 reports), November (19 incidents -26 repot no policy issues. Of the 74 incidents, 6 were stop) and 24 were for destroying an injured a One training issue was discovered and could t committee noted two incidents where officers - and in fact they did. Of concern is the fact tl drawn. If the suspect responds in a less than 1 and use a tool /tactic that is appropriate. Whey least one officer ready to employ less than let] NT MEMO 08 -04 Review y' January 24, 2008. It was composed of Captain (20 incidents -25 reports), October (26 incidents- ) and December (9 incidents -11 reports) revealed )r a drawn sidearm (building search or felony classified as officer safety issue. The review were justified and authorized to draw their firearm at "all" on -scene officers had their weapons vel five force, officers must secure their sidearm practical, a better response would be to have at al force without having to transition. On the administrative side, we are still seeing a number of reports listing Public Intoxication or OWI as the "Type of Incident ". Keep in mind that "Type of Incident" is the reason for the original contact (dispatched activity or CFS). The charge may ultimately be for Public Intox or OWI, but most often it is "out with subject" or "traffic stop ". Supervisors continue doing a good job in Please contact me if you have any questions. Copy: City Manager, PCRB, Watch Commanders, Review < review and documentation of the level of force. March 11, 2008 Mtg Packet PCRB COMPLAINT DEADLINE PCRB Complaint #07 -01 Filed: 12/04/07 Chief's Report due (90days): 03/03/08 Chief's Report filed: 03/03/08 --------------------------------------------------- -------------------------------- PCRB Mtg #1 (Review & Assign) 03/12/08 PCRB Mtg #2 (Review Draft Report) 04/08/08 PCRB Report due ( 45days):---------------------------- - - - - -- 04/17/08 PCRB Complaint #08 -01 Filed: 02/22/08 Chief's Report due (90days): 05/22/08 Chief's Report filed: -------------------------------------------------- --------------------------------- PCRB Mtg #1 (Review & Assign) ? ?/ ? ?/08 PCRB Mtg #2 (Review Draft Report) ? ?/ ? ?/08 PCRB Report due (45days): ? ?/ ? ?/08 ------------------------- - - - - -- --------------------------- - - - - -- PCRB Complaint #08 -02 Filed: 02 Chief's Report due (90days): 05 Chief's Report filed: ------------------------------------------------- PCRB Mtg #1 (Review & Assign) PCRB Mtg #2 (Review Draft Report) PCRB Report due (45days): PCRB Complaint #08 -03 Filed: Chief's Report due (90days): Chief's Report filed: PCRB Mtg #1 (Review & Assign) PCRB Mtg #2 (Review Draft Report) PCRB Report due (45days): n. ? ?/ ? ?/08 ? ?/ ? ?/08 ? ?/ ? ?/08 ? ?/ ? ?/08 ? ?/ ? ?/08 ? ?/ ? ?/08 March 11, 2008 Mtg Packet PCRB MEETING SCHEDULE April 8, 2008 May 13, 2008 June 10, 2008 July 8, 2008 Date POLICE CITIZENS REVIEW BOARD OFFICE Jan Description CONTACTS ary 2008 1/18/08 Man came in and requested complaint form. POLICE CITIZE S REVIEW BOARD OFFIC CONTACTS Febr ary 2008 Date Description 2/22/08 Man came in and dropped off complaint form. Draft changes to PCRB SOPS prepared by C. Pugh TABLE OF CONTENTS I. Complaint Process II. Formal Mediation Guidelines and Procedures III. Meetings IV. Complaint Review Process V. Identification of Officers VI. Review of Policies, Procedures and Practices of the Iowa City Police Department VII. Annual Report VIII. General IX. Appendix A. The City Code of Iowa City, Chapter 8, Police Citizens Review Board B. Iowa City PCRB By -Laws C. City of Iowa City PCRB Guidelines and Procedures for Formal Mediation D. Section 21 of The Code of Iowa Official Meetings Open to Public (Open Meetings) E. Section 22 of The Code of Iowa, Examination of Public Records (Open Records) F. PCRB Complaint Form PCRB SOP 10/04 Page 1 I. Complaint Process In an effort to assure the citizens of Iowa City that the Iowa City Police Department's performance is in keeping with community standards, the PCRB shall review investigations into complaints about alleged police misconduct to insure that such investigations are conducted in a manner which is fair, thorough and accurate. The PCRB shall achieve this by receiving, reviewing and reporting on citizen complaints in accordance with the procedural rules in Chapter 8 of the City Code, following the PCRB By -Laws, Article VIII V and the PCRB's Standard Operating Procedures and Guidelines. A. Complaints shall be filed in accordance with 8 -8 -3 C and 8 -8 -7 A of the City Code of Iowa City: 1. All documents and related materials filed with the PCRB shall not be returned. 2. Complaints filed in the City Clerk's Office shall be assigned a complaint number consisting of the last two digits of the present year with consecutive numbers, starting with one (1) (e.g. 98 -1). 3. The complaint copy sent to PCRB members shall have all references to police officer names and other identifying information deleted, although the reports of the Police Chief and City Manager shall identify the officers by number as set forth in Section V of these procedures. 4. PCRB deadlines are established by Ordinance 01 -3976. 5. A copy of each complaint filed shall be provided to PCRB members in the next meeting packet. 6. Amendments to a complaint must be in written form. 7. The complainant may withdraw the complaint at any time prior to the PCRB's issuance of its report to City Council. B. Procedures for complaints subject to summary dismissal follow: 1. A complaint that appears to be untimely filed or a complaint that does not involve the conduct of an Iowa City sworn police officer shall be handled in the same manner as outlined in subsection "A" of the Complaint Process. 2. The copy of the complaint furnished to the Police Chief or City Manager, shall include a cover letter from the PCRB indicating that it appears to be an untimely complaint or a complaint that does not involve the conduct of an Iowa City sworn police officer and will be reviewed by the PCRB at its next meeting. PCRB SOP 10/04 Page 2 3. The PCRB shall determine whether additional information is necessary to assess whether the complaint should be summarily dismissed and, if additional information is necessary, the method by which such information will be obtained. The methods available include an interview of the complainant by a subcommittee of the PCRB, a request to the complainant for a written submission on the issue presented and an investigation by the PCRB, but shall not include an invitation to the complainant to address the PCRB at a public meeting or an interview of the complainant at a public meeting. 4. Upon the completion of such investigation and the PCRB's determination that additional information is not necessary, the PCRB shall, by motion in open session, vote to determine whether the complaint will be dismissed under Section 8 -8 -3 (E) := of the Ordinance. The PCRB shall not discuss the facts or substance of the complaint at said open meeting. 5. If the PCRB dismisses the complaint, staff shall: a. Untimely Complaints: 1. Forward a copy of the decision to the Chief or City Manager including a cover letter stating that the complaint has been dismissed and that a report to the PCRB by the Chief or City Manager is not required by Chapter 8 of the Code. 2. Forward a copy of the decision to the complainant including a cover letter advising that although the complaint has been dismissed and will not be reviewed by the PCRB, there is a method for the complainant to file a complaint directly with the Iowa City Police Department. 3. Forward a copy of the decision to the City Council indicating the dismissal and referring to the section of the City Code. b. Complaints not involving a sworn Iowa City police officer: 1. Forward a copy of the decision to the Chief or City Manager including a cover letter stating that the complaint has been dismissed and that a report to the PCRB by the Chief or City Manager is not required by Chapter 8 of the Code. 2. Forward a copy of the decision to the complainant including a cover letter stating why the complaint was dismissed. 3. Forward a copy of the decision to the City Council indicating the dismissal and referring to the section of the City Code. PCRB SOP 10/04 Page 3 4. If the PCRB determines the complaint shall not be dismissed, it shall so advise the Police Chief or City Manager so that the investigation may continue and make the required report to the PCRB. II. Formal Mediation Guidelines and Procedures Formal mediation is the responsibility of the PCRB and is offered as a method to facilitate a successful resolution of the issues involved in a complaint. The PCRB shall accomplish this responsibility by complying with 8 -8 -2 H. 8 -8 -4 and 8 -8 -7 of the City Code and the PCRB Guidelines and Procedures for Formal Mediation, approved by the City Council on March 10, 1998 and made a part hereof. III. Meetings Regular meetings shall be held monthly. Special meetings may be called by the Chair as needed. The PCRB shall comply with Article V of the PCRB By -Laws and the PCRB Standard Operating Procedures and Guidelines. A. Meeting packets shall be distributed to PCRB members at least two (2) days prior to a meeting when possible. B. Place of Posting Notices and Agendas. 1. Follow requirements of Section 21.4, The Code of Iowa. 2. The City of Iowa City provides the Notice Bulletin Board in the lobby of City Hall. C. Consent Calendar shall include: 1. Minutes of the last meeting(s); 2. Correspondence and /or memoranda directed to the PCRB (not complaint - related). Staff shall be given directions based on PCRB discussion as to whether staff shall respond or whether PCRB members shall respond, with copies furnished to the PCRB. D. Time for open public discussion shall be made available at all open meetings as provided by the PCRB By -Laws, Article V, Section 6 =a. E. Time for "Board Information" and "Staff Information" shall be made available at all meetings. F. Decisions made in executive session shall be ratified in open session. G. Taped minutes of open meetings shall be kept thirty (30) days from acceptance and approval of minutes. PCRB SOP 10/04 Page 4 H. Taped minutes of executive meetings shall be kept for one year from the date of the meeting. To the extent practicable, legal counsel for the PCRB shall attend all meetings of the Board. J. Electronic Participation 1. Follow the requirements of Section 21.8, The Code of Iowa for "electronic meetings. ". "Electronic meetings" as defined in this section presumes electronic participation is necessary for a quorum. 2. Electronic participation in meetings. A member may participate by electronic means when the member's presence is not necessary for a quorum, and said member shall have all rights as if participating in person.. K. Quorum and Voting Requirements 1. Quorum. See By -Laws V.2 4. 2. Voting. See By -Laws V. 10 12. 3. Voting to close a session. See Section 21.5, The Code of Iowa. L. Iowa Open Records Law 1. The PCRB must follow all the requirements of Chapter 22, The Code of Iowa, Examination of Public Records (Open Records). This means every person has the right to examine and copy the public records of the PCRB pursuant to that Chapter. 2. The lawful custodian of the PCRB public records is the City Clerk of Iowa City. If the City Clerk requires legal counsel concerning whether a document is public or confidential, she shall notify both the City Attorney's Office and counsel to the PCRB of the request. 3. All records of the PCRB shall be public except as specifically provided for in Chapter 22, The Code and in the PCRB By -Laws. 4. Confidentiality of complaints, reports of investigations, statements and other documents or records obtained in investigation of any complaint. See By -Laws VI1.1(a). 5. Confidentiality of the minutes and tape recordings of closed sessions. See By -Laws VI1.1(b). 6. Confidentiality of mediation matters. See By -Laws VII. 1(d). PCRB SOP 10/04 Page 5 7. Confidentiality of information protected by the Iowa Open Records Law or the Iowa Open Meetings Law. See By -Laws VITA (c). M. Iowa Open Meetings Law. The PCRB must follow all the requirements of Chapter 21, The Code of Iowa, Official Meetings Open to Public (Open Meetings). N. Conflicts of Interest and Ex Parte Contacts 1. Conflicts of Interest. See By -Laws V.911 2. Ex Parte Contacts. See By -Laws, V.8 10. IV. Complaint Review Process The PCRB shall review all Police Chief's reports and City Manager's reports concerning complaints utilizing Sections 8 -8 -6, 8 -8 -7 and 8 -8 -8 of the City Code and the PCRB Standard Operating Procedures and Guidelines. A. Review of Police Chief's report or City Manager's report. Follow 8 -8 -7 B of the City Code. B. Select a level of review as outlined in 8 -8 -7 B. 1 (a) -(f) of the City Code. The PCRB shall notify the Complainant and the Police Chief, or the City Manager if the complaint is against the Chief, of the selected level of review. The Chief shall notify the officer of the selected level of review. C. Pursuant to 8 -8 -7 B 1(e) of the City Code, the board may choose to subpoena witnesses or documents. 1. A motion to issue a subpoena to compel the appearance of a witness or for the production of documents may be made by any board member pursuant to the voting procedure outlined in Article V of the PCRB Bylaws. 2. The subpoena will be prepared by legal counsel for signature by the PCRB President. 3. Funds for the payment of witness fees, mileage and service will be issued by the City Clerk. 4. The subpoena may be issued to compel the appearance of a witness to be interviewed by a committee assigned by the President at a time and place determined by the committee. C. Request for an extension of time to file PCRB public report. Refer to 8 -8 -7 B.6 of the City Code. PCRB SOP 10/04 Page 6 D. The PCRB shall not issue a public report critical of a police officer until after a name - clearing hearing has been held or waived by the police officer. Refer to Section 8 -8 -7 B.4 of the City Code. E. Name - clearing hearing procedure 1. If the PCRB determines that the comments or findings contained in its proposed report will be critical of the conduct of a sworn police officer, it must offer the officer a name - clearing hearing prior to the issuance of the PCRB's report to Council. 2. The PCRB shall select a proposed date for the name - clearing hearing. 3. Written notice of the date, time and place of the name - clearing hearing shall be given to the officer no less than ten working days prior to the date set for hearing. The notice to the officer should be transmitted via the Chief of Police. The notice to the officer shall provide a written response form for the officer to demand or waive the name - clearing hearing. Said written response form shall also allow the police officer to state whether he or she requests an open or closed session. 4. If the officer provides a written waiver of the name - clearing hearing prior to the date set for hearing, the hearing shall not be held. 5. If the officer does not respond to the notice prior to the time of the hearing, the hearing shall be convened. If the officer does not appear, the hearing shall be terminated. 6. If the officer demands a hearing or appears at the hearing, the PCRB will first determine whether the hearing shall be open or closed. If the officer requests a closed session, the PCRB shall close the session pursuant to motion specifically identifying Section 21.5(1)(i) and 21.5(1)(a) of the Iowa Code as the basis for closure. If the officer does not request a closed session the session shall be open except where closure is appropriate pursuant to Section 21.5(1)(a). 7. Before the hearing, the PCRB shall advise the officer of the Board's proposed criticism(s). At the hearing, evidence supporting the criticism shall be presented. The officer shall be given the opportunity to be heard and to present additional evidence, including the testimony of witnesses. 8. If, subsequent to a name - clearing hearing or waiver of a name - clearing hearing by the officer, the PCRB changes its level of review, it shall issue a new written notice pursuant to subparagraph B. hereof. If, following said change, the proposed report is critical of the sworn officer's conduct, the PCRB shall offer another name - clearing hearing to the officer pursuant to the name - clearing hearing procedures herein. 9. The complainant shall not receive a notice of, or have the right to participate in, a name - clearing hearing. PCRB SOP 10/04 Page 7 F. Report Writing — Follow 8 -8 -7 of the City Code The Chair shall appoint a committee to prepare draft reports. The committee may request assistance from staff as needed. 2. When possible, a draft report shall be included in the agenda packet prior to the meeting at which it is discussed. 3. Draft reports shall be discussed in executive session and finalized by the full PCRB. 4. Draft reports shall be confidential. 5. Final Public Reports shall be reviewed by legal counsel to the PCRB before being submitted to the City Council. G. Final PCRB Public Reports shall be distributed according to 8 -8 -7 B.3 of the City Code. The copy sent to the City Council shall be accompanied by the minutes of the meeting which approved it and be sent to the City Clerk for inclusion in the next Council agenda packet. G.'. Once the Public Report is sent to designated parties, the complaint file is closed and is taken to the City Clerk's Office for retention. V. Identification of Officers A. The reports of the Police Chief and the City Manager to the PCRB will identify the officers with unique identifiers, i.e. same number for same officer from one complaint to the next, but not by name. In its public reports, however, the PCRB shall not use the same number for the same officer from one report to the next, in order to guard against inadvertent identification of the officer to the public by the PCRB. The PCRB reserves the right, however, to identify the officer in a sustained complaint pursuant to Section 8- 8 -7(B) of the City Code and may obtain the officer's name from the City Clerk for this purpose. B. An allegation of misconduct or previous allegation of misconduct against an officer is not and shall not be used by the PCRB as evidence of misconduct. VI. Review of Policies, Procedures and Practices of the Iowa City Police Department As stated in the City Code, 8 -8 -7 C(3), and Article 11 of the PCRB By -Laws, and using the PCRB Standard Operating Procedures and Guidelines, the PCRB shall, from time to time, report to the City Council on policies, procedures and practices of the Iowa City Police Department, including recommended changes, if appropriate. A. Policy- review discussions shall be held at regular meetings, when possible. PCRB SOP 10/04 Page 8 B. Pursuant to 8 -8 -2 O and 8 -8 -7 C (3) of the Iowa City Code, on at least one occasion each year the PCRB shall hold a community forum for the purpose of hearing citizens' views on the policies, practices and procedures of the Iowa City Police Department. The format, location, date and time, of the forum will be determined by the board. The procedures and requirements set forth in the PCRB Bylaws, Article V will be satisfied. C. When citizens have a concern about police procedures or practices, but there is no allegation of individual officer misconduct, there may be an issue of policy. Any citizen or PCRB member may raise an issue at a PCRB meeting. D. The PCRB encourages signed written correspondence from citizens but will accept anonymous correspondence concerning policies, procedures, and practices of the Iowa City Police Department. VII. Annual Report The PCRB shall maintain a central registry of all formal complaints against sworn police officers and shall provide an annual report to the City Council which will give the City Council sufficient information to assess the overall performance of the Iowa City Police Department. 8 -8 -2 M and 8 -8 -7 C.2 of the City Code, Article VIII.5 of the PCRB By- Laws, and the PCRB Standard Operating Procedures and Guidelines A. The annual report shall include information required by Chapter 8 of the City Code. B. The PCRB's annual report may also include recommendations to amend the Ordinance. VIII. General A. The lawful custodian of the PCRB records and the central depository for all information is the City Clerk's Office of the City of Iowa City. B. The Chair is the official spokesperson for the PCRB. C. When legal counsel and /or staff are contacted on PCRB business, they shall report that information to the Chair and to each other. D. Contacts between a PCRB member and the Police Chief and /or City Manager shall be in the form of written communication when possible. E. Requests for information from the PCRB to the Police Chief or City Manager shall be in writing. PCRB SOP 10/04 Page 9 E. The PCRB administrative assistant shall provide to the Board a monthly "PCRB Office Contacts Report," stating the number of telephone calls and in- office contacts which come directly to the PCRB office, the general substance of such contacts, and their disposition. F. Voice Mail telephone messages to the PCRB office from citizens shall not be retained nor will messages be transcribed unless there are extenuating circumstances on a case -by -case basis determined by legal counsel for the PCRB and the City Attorney's Office. G. The PCRB shall utilize its own letterhead stationery. PCRB SOP 10/04 Page 10