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