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Home My WebLink About04-08-2008 Police Citizens Review BoardAGENDA POLICE CITIZENS REVIEW BOARD April 8, 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 03/11/08 • ICPD General Order 99 -02 (Alarm -Open Door Response) • ICPD General Order 00 -01 (Search and Seizure) ITEM NO. 3 OLD BUSINESS ITEM NO. 4 NEW BUSINESS • Future Forums ITEM NO. 5 PUBLIC DISCUSSION ITEM NO. 6 BOARD INFORMATION ITEM NO. 7 STAFF INFORMATION ITEM NO. 8 CONSIDER MOTION TO ADJOURN TO EXECUTIVE SESSION based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22 -7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. ITEM NO. 9 TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • 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 • August 12, 2008, 5:30 P.M., Lobby Conference Room ITEM NO. 10 ADJOURNMENT MEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City DATE: April 4, 2008 TO: PCRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on April 8, 2008 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 04/08/08 • Minutes of the meeting on 03/11/08 • ICPD General Order 99 -02 (Alarm -Open Door Response) • ICPD General Order 00 -01 (Search and Seizure) • PCRB Complaint Deadlines • PCRB Office Contacts — March 2008 • Resolution 08 -77 and amended PCRB Standard Operating Procedures Other resources available: National Association for Civilian Oversight of Law Enforcement NACOLE provides information regarding civilian oversight in law enforcement nation wide. For more information see: www.NACOLE.org DRAFT POLICE CITIZENS REVIEW BOARD MINUTES — March 11, 2008 CALL TO ORDER: Chair Michael Larson called the meeting to order at 5:30 p.m. MEMBERS PRESENT: Elizabeth Engel, Loren Horton, Donald King, Greg Roth MEMBERS ABSENT: None STAFF PRESENT: Staff Kellie Tuttle, Legal Counsel Catherine Pugh STAFF ABSENT: None OTHERS PRESENT: Sergeant Doug Hart of the ICPD and Officer David Schwindt of the ICPD and President of the Labor Relations Organization; and public, Ruth Spinks from the Local Chapter of the ACLU RECOMMENDATIONS TO COUNCIL The Board recommends approval of the amendments to its Standard Operating Procedures, to include the changes made necessary from the amendments to the Home Rule Charter, and non - substantive changes and formatting issues. CONSENT CALENDAR Motion by Horton and seconded by King to adopt the 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 Motion carried, 5/0. OLD BUSINESS Review of amended SOP's (Changes necessary by 11/6 election) — The Board reviewed the draft prepared by Legal Counsel Pugh and made minor additions suggested by Pugh. Motion by Engel and seconded by King to adopt the Standard Operating Guidelines as amended and forward to Council. Motion carried, 5/0. NEW BUSINESS None. PUBLIC DISCUSSION None. PCRB March 11, 2008 Page 2 BOARD INFORMATION King informed the Board that he had been attending the 11th Annual Police Citizens Academy for the last eight weeks and that they were all invited to graduation on Wednesday, March 12th at 6.30 P.M., held at the University of Iowa Police Training Room in the Old Capitol Mall. STAFF INFORMATION Pugh notified the Board that she had communication back and forth with City Attorney Dilkes to receive her input regarding the amended SOP's. EXECUTIVE SESSION Motion by Horton and seconded by Engel to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22 -7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 5/0. Open session adjourned at 5:50 P.M. REGULAR SESSION Returned to open session at 6:15 P.M. Motion by King seconded by Roth to set level of review for PCRB Complaint #07 -01 to 8 -8 -7 B(1)(a), on the record with no additional investigation. Motion carried, 5/0. 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 Pugh announced that she will not be available for the April 8th meeting. She will review the draft report for Complaint #07 -01 prior to the April 8th meeting. Motion carried, 5/0. ADJOURNMENT Motion for adjournment by King and seconded by Roth. Motion carried, 5/0. Meeting adjourned at 6:20 P.M. II II II II II zz��ro a y y _ C�J d O � � 00 b r n n r lu a o 0 0 0 ►d 00 00 w yC yC yC yC �C � 00 w 0 00 , 00 N y y _ C�J d O � � 00 b r n n r lu OPS -08.1 ALARM - OPEN DOOR RESPONSE Date of Issue General Order Number February 9, 1999 99 -02 Effective Date Section Code March 28, 2008 OPS -08 Reevaluation Date Amends / Cancels February 2009 Department Memo 96 -56 C.A.L.E.A. Reference 1.2.4, 1.3.6, 81.2.13 S INDEX AS: 0 Use of Force - n Supervisory Responsibility w = Building Search �! ` Alarm / Open Door Response Canine Procedure: rU I. PURPOSE `n The purpose of this policy is to define the responsibilities and duties of officers when they respond to burglar alarms, bank alarms or "open door" calls. II. POLICY It is the policy of the Iowa City Police Department to respond to burglar alarms, bank alarms and open door calls in a safe and efficient manner. When responding to these types of calls, they shall be handled in manner which provides maximum safety for the officer and the public. The decision to search a building in these circumstances will be made only after attempting to contact a representative of the building, or when a representative is unavailable, after considering all of the circumstances surrounding the incident. Warrantless searches shall be conducted only if circumstances justifying a warrantless search are present. OPS -08.2 �a III. DEFINITIONS U IV. PROCEDURES A. BURGLAR ALARMS When a member of this department responds to a burglarllarm the officer should respond in a safe and reasonable manner. Wlf& approaching the location of the alarm the officer should consider the deactivation of emergency lights and siren if applicable. The officer should be observant for vehicles and /or persons leaving the immediate area. Upon arrival at the scene the officer should not park directly in front of the location from which the alarm is coming, instead they should park down the street from the alarm. The officer should approach the address from as concealed a position as possible. Upon reaching the exterior of the building, the officer should: 1. Check the exterior of the building for possible signs of a break -in. The officer should also check for open doors and monitor the interior of the building for suspicious activity. 2. If there are no obvious signs of forcible entry, the officer should notify communications. The alarm company is responsible for contacting a business representative. Upon receiving notification from the alarm company of the key holder response, the ECO should advise the officer if a representative is going to respond. If the representative requests that an officer accompany them into the building, the officer may do so. When a representative requests an officer to accompany them to inspect a building, a CAD entry shall be made listing the name of the representative as well as their relationship with the property in question. This will not constitute a search. 3. If there are signs of forced entry or attempted entry, officers should secure the perimeter of the building. When available, back -up officer(s) should check the immediate area for possible suspects or other buildings which may have been entered. Communications will contact a representative of the building at the officer's request. The representative shall be requested to come to the location before an officer enters the building. The contact will allow officers the opportunity to determine if anyone would be expected to be in the building. A supervisor should respond to the scene before entry is made. 4. If a building representative can not be contacted, a supervisor will make the determination whether: 1) officers will enter the building to conduct a search; 2) the building will not be entered and "extra patrol" initiated for the building; and /or, 3) a search warrant will be requested. Extra patrol requests will be forwarded to subsequent OPS -08.3 watches as applicable. Regardless of the decision to enter or secure the building, the supervisor of the day watch or designee will attempt to contact a building representative the next business day. The building representative will be informed of the date, time and pertinent details of the incident and be asked for updated business contact information. 5. In instances where the building representative declines to come to the scene, a watch supervisor may authorize a search of the building if the building representative requests and consents to a search. 6. In instances where there is forced or attempted entry, the lead officer shall complete an incident report and required supplemental reports. B. OPEN DOORS AND WINDOWS When an officer comes upon or is made aware of an open door, the following guidelines should be adhered to: 1. The officer(s) will secure the perimeter. At the officer's request, communications will contact a building representative to come to the location before any officer enters the building. 2. If the building representative cannot be contacted or does not desire to come to the location, the officer(s) will secure the building to the extent possible and initiate an "extra patrol" request for the duration of the watch and subsequent watches as applicable. The day watch commander will contact the building representative the next business day. The business representative will be advised of the date and time of the incident and be asked to complete an emergency contact card. C. SEARCH PROCEDURES 1. If a property representative is not available and there is a reasonable basis on which to conclude that an emergency threat to persons and /or property exists, a supervisor may authorize warrantless entry and search by officers. In the absence of such circumstances, any search must be pursuant to warrant. 2. In instances where the building representative declines to come to the scene, the watch supervisor may authorize a search of the building if the building representative requests and consents to a search. This does not require that the building be searched. 3. When a determination to search is made, with or without the contacting of a property representative, a supervisor should be present at the scene. 4. If a determination is made to search the property, officers should consider requesting an available canine team in assisting with the search. All use of canine teams shall comply with canine policies and procedures. 5. If it is determined that a search will be conducted, officers shall verbally identify themselves as members of the Iowa City Police Department prior to entry. If exigent circumstances exist, this notification may be waived by the supervisor on the scene. When assisting an outside agency, members of this department will be guided by this policy. Prior to the search of the building, a watch supervisor should be present. The watch supervisor should confirm that the person requesting the search has authority to authorize the search. When the building to be searched is a public building under the control of the City of Iowa City, an attempt to contact the appropriate department head should be made prior to authorizing the search of the building. When a determination is made that an officer will search a building, the officer will make the determination as to whether he /she will draw his /her weapon. If the officer decides to draw his /her weapon, a use of force report will be required only if an individual other than other police officers are encountered. In instances where multiple officers are involved in the search of a building and an individual is encountered, the on -scene supervisor may authorize one Use of Force report for all units present. IN ALL INSTANCES, ALL OFFICERS SHALL BE GUIDED BY THE DEPARTMENTAL USE OF FORCE POLICY. 0 5 D. BANK ALARMS C7 W Officers responding to bank alarms or other financial institafi�j ,s shall utilize the authorized departmental protocol.% N) cn Sa uel Hargadi a hief of Police LEG 04.1 SEARCH AND SEIZURE Date of Issue General Order Number January 10, 2000 00 -01 Effective Date Section Code March 28, 2008 LEG -04 Reevaluation Date Amends / Cancels February 2009 C.A.L. E.A. 1. 2.4 Reference INDEX AS: Search Arrests =, r Seizure Stop and Frisk Warrants C? I. PURPOSE cn The purpose of this order is to provide members of the Iowa City Police Department with guidelines and background pertaining to search and seizure. POLICY It is the policy of this department to conduct searches that are both legal and thorough. Such searches are to be conducted in strict observance of the Constitutional Rights of persons being searched and with due regard for the safety of the officers involved. All seizures shall comply with all relevant state and federal statutes governing the seizure of persons or property. LEG 04.2 II. DEFINITIONS A. Constitution of the United States of America: Amendment 4 The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized. B. Constitution of the State of Iowa: Article I. Bill of Rights Section 8. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated; and no warrant shall issue, but on probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons and things to be seized. III. PROCEDURES Search and Seizure Without a Warrant The Iowa City Police Department recognizes that "citizens have the right to be free of unreasonable search and seizure" as afforded by the Constitution of the United States. This Department will strive to ensure that all searches and seizures meet current legal requirements. In recognition of this, the following guidelines are to be considered when making a determination to search without a warrant. A. Consent to Search: 1. Persons or property may be searched upon the consent of the person, owner or person in control of the property or item to be searched. The person giving consent must do so voluntarily. The officer is obligated to abide by any constraints placed on the search by the person. B. Exigent Circumstances: _ 1. An officer may search without a warrant when the public sacaty is endangered or obtaining consent or a warrant is impractical? C. Moveable vehicles which may contain evidence that may be rem vqd_�or destroyed without a timely search being made: i y r� v-r LEG 04.3 A vehicle may be searched if an officer reasonably believes that it may contain evidence of a crime, which may be destroyed or moved, and it is impractical to obtain a warrant. D. Stop and Frisk: 1. An individual may be frisked for weapons if an officer has an articulable concern for his /her safety. E. Inventory Searches of Impounded Vehicles: 1. Inventory searches of impounded or seized vehicles may be conducted for the purpose of documenting property contained in the vehicle. An inventory search should not be used when the primary reason is to obtain evidence. (see impound policy) F. Search Incident to Arrest: 1. When an arrest is made, the officer will conduct a search of the arrested person and the area in the immediate control of the arrested person for the purpose of ensuring the officers' safety, preventing the person from escaping, discovering the fruits of the crime, or discovering instruments or articles which may have been used in the commission of a crime or constitute evidence of an offense. This search must be contemporaneous in place and time. G. Plain View: 1. Officers may visually search items or property that is in plain view, provided that the officer has the right to be in the position from which the view was made. H. Crime Scene Search: 1. Depending on the location of a crime scene, consent or a warrant may be required prior to a search. (i.e. public v. private property) Officers may search persons on premises during the execution of a search warrant in order to protect their safety, prevent disposal or concealment of property subject to the warrant or to remove any items that could be used to effect an escape or resist arrest. J. Officers may conduct warrantless searches in other applicable case law. (See training documentation) Search and Seizure Pursuant to Warrant A. Legal Basis for Obtaining a Search Warrant C.'.7 0 situations`— xi vier rrA -. F rr,- y N3 In order to obtain a search warrant, an officer must be able to show'-" probable cause to believe that specific evidence, contraband, or instrumentalities /fruits of a crime may be found at a particular location. w� t.� LEG 04.4 2. Specific facts establishing probable cause must be set forth with clarity and specificity. Officers shall not rely solely upon personal opinion or unauthenticated third party information or hearsay. Such facts may be based on the personal observation or knowledge of the officer, or information from a reliable source. 3. When informants are used, particularly confidential informants, the reliability of the informant and the information provided should be specified. Whenever possible, officers should corroborate informant information. B. Affidavit Preparation 1. An affidavit supporting the application for a search warrant shall be prepared on the appropriate form in accordance with department policy. Because the accuracy of the affidavit is vital to the validity of the search warrant, officers shall ensure that the following information is clearly and completely specified: (a) Offense: The offense shall be described with reference to the criminal statute number where possible. (b) Place or Thing to Be Searched: The place or thing to be searched shall be clearly and specifically described. Where private premises are to be searched, references should include: (1) Street number and apartment number if appropriate; (2) Physical description of the premises; (3) Legal description of the premises; (4) Name of owner or occupant; (5) Geographical location of the property; (6) Map coordinates or distances from given reference points; (7) Photographs, satellite photographs, maps, or diagrams that aid in specifically identifying the location to be searched. (c) Scope of the Search: Only those things described in the search warrant can be seized. Therefore, the affidavit should specify, and the officer should ensure that the warrant includes the following: (1) All areas that the officers desire to search shall be designated. In instances where officers wish to conduct a complete search of a home and its surroundings, the affidavit should s PCD ify a search of the premise and it's "curtilage," and should fy ,�.. any outbuildings such as garages, tool sheds or other d d buildings, where appropriate. c7 w (2) Motor vehicles known to be on the premises that ' searched should be specified. r� U1 LEG 04.5 (3) Searches (other than frisks for weapons) of specific persons on the premises shall be referenced in the affidavit by name if possible. (4) The specific items to be seized shall be detailed. Where the item may be dismantled (e.g., firearms) the warrant should authorize the search and seizure of parts or components of that item. (5) Officers anticipating search of computers and related high - technology equipment should consult a forensic examiner or other qualified source for appropriate language to use in the affidavit and procedures for seizure of hardware, software, and electronic media. (d) Time and Method of Search: A valid search warrant may be served at any time of the day or night, as operationally required, within 10 days from the time of issuance. (1) Anticipatory search warrants may be sought when it can be shown that the evidence in question will be at a specific location at some time in the near future. (2) Officers may request a "no knock" provision in the warrant when they have reason to believe that adherence to the knock and announce rule would endanger their safety or the safety of others, would enable a wanted person to escape, or would likely result in the destruction of evidence before entry can be made. 2. All affidavits must be reviewed and approved by a supervisor PRIOR to presentation to a magistrate or other judicial official authorized to issue search warrants. 3. PRIOR to obtaining a signed search warrant, a Search Warrant Control Review Form shall be completed with the required signatures obtained. (see Appendix n The accompanying Search Warrant Checklist should be followed throughout the warrant process. Other than for the physical search of a structure, a supervisor may waive the requirements of the Search Warrant Checklist (i.e. obtaining blood for an OWI investigation, obtaining shoes from a prisoner at the jail, etc.) Justification for the supervisor's waiver must be documented in writing prior to the service of the warrant. C. Supervisory Review of Issued Search Warrant Prior To Execution _� I 1. Prior to any attempt at service, a supervisor should review issued rah A; warrants to ensure that they include all pertinent information set f h A'n CD C_q LEG 04.6 the affidavit completely and accurately, and that the warrant has been properly signed by a magistrate or other authorized judicial official. Officers shall not attempt to serve any search warrant that is known to contain substantive or administrative errors. 2. When an outside agency requests Iowa City Police assistance with the execution of a search warrant in Iowa City, a supervisor will at a minimum familiarize themselves with the address being searched and confirm the accuracy of the location. D. Execution of the Search Warrant 10 -Day Time Limit: Search warrants must be executed within 10 days from the time of issuance. Any warrant not executed within this time limit is void and must be returned unserved to the magistrate or clerk of court. In the event that the return of an unserved warrant will compromise an active investigation, the County Attorney should be consulted regarding the time and manner of the return. 2. Pre - Surveillance: For narcotics / drug related search warrants, it is recommended that surveillance be maintained on the target location for a minimum of 30 minutes. 3. Pre - Search Briefing: Prior to the execution of a search warrant, the supervisor in charge of the search should ensure that a pre- search briefing is conducted to inform assisting officers of the following: (a) The supervisor in charge of the search; (b) Verification of the specific location to be searched; (c) The layout of the premises and any known or anticipated hazards that may exist; (d) The manner of approach and entry into the premises; (e) The assignment of assisting officers as necessary to: (1) Exterior containment of the premises; (2) Guard and /or transport any persons arrested; (3) Search designated areas; r,� - = (4) Restrict access at entrances; and (5) Collect and handle evidence; (6) Interviews of any persons present;4 (f) The communications procedures to be used. N (g) Historical data of suspects; LEG 04.7 (h) Update from surveillance Officer on scene; (i) Written Safety Plan — copies to all officers participating (see Appendix In (k) Staging area discussion 4 Supervisor Presence Required: The supervisor in charge must be physically present on all search warrant executions. Upon conclusion of the search, the supervisor in charge is responsible for ensuring that all evidence is properly documented and secured, that the premises is left in a secure manner, and that all paperwork and reports are submitted as required. 5 Media or Other Third Party Participation: Police officers shall not take members of the news media or other third parties into private premises during the execution of a search warrant, unless the presence of the third party is necessary in aid of the warrant's execution. Police authority to enter private premises pursuant to a search warrant does not automatically extend to third parties. Participation by a third party must be directly related to the authorized objective and scope of the search warrant. This restriction shall not be construed to prevent the entry of third parties into private premises pursuant to voluntary consent or other legal authority. 6 Photographing Premises: Photographs should be taken of the premises both before and after the search is conducted for the purpose of documenting the property in its original condition and the condition in which it was left by officers after the search. 7 Giving of Notice: The officer executing a search warrant must, before entering the premises, give appropriate notice of his /her identity and purpose to the person to be searched or the person in apparent control of the premises to be searched. If it is unclear whether anyone is pre!&t at the location to be searched, the officer must give notice in a manne-41 ly to be heard by anyone present. The giving of notice may be v� IV6a d ONLY if specifically authorized in the warrant. T_, , 8 Serving the Warrant: Before undertaking any search, the officeMost leave a copy of the warrant with the person to be searched or the rsson in apparent control of the premises or vehicle to be searched. Where there is a reasonable belief that the person only speaks a language other than English, an officer or other individual fluent in that language should be summoned to the scene if available and the exigency of the situation permits. If no one in apparent and responsible control is occupying the premises or vehicle, the officer must leave a copy of the warrant affixed to the premises or vehicle. Cl`f LEG 04.8 9 Detention of Persons Present: An officer executing a search warrant for premises not generally open to the public, or of a vehicle other than a common carrier, may detain any person present for such time as is reasonably necessary to execute the search warrant. If the items listed in the search warrant are not found on the premises or vehicle, the officer may then search any person present at the time of the officer's entry for the property specifically described in the search warrant. 10 Frisk of Persons Present: If the officer reasonably believes that his /her safety or the safety of others present so requires, he /she may search for any dangerous weapons by externally patting the clothing of those persons present. If the officer feels an object which he /she believes is a dangerous weapon, he /she may take possession of that object. 11 Scope of the Search: The scope of the search may be only such as is authorized by the warrant and is reasonably necessary to discover the items specified therein. Upon discovery of the items specified, the officer must take possession or custody of them. If in the course of the search the officer inadvertently discovers items not specified in the warrant which are subject to seizure under State or City Code, he /she may also take possession of the items so discovered. 12 Inventory of Items Seized: The officer executing the search warrant must prepare and sign an inventory of all items seized. If the items are seized from a person, then a copy must be given to that person. If the items are seized from a place or vehicle, a copy must be given to the owner or person in control of the premises or vehicle. If no person is present, the copy will be left in the premises or vehicle from which the items were seized. 13 Concluding the Search: Officers will conduct the search in a manner so as to leave the premises or vehicle in the same general condition as originally found. All evidence will be handled in accordance with Ge -neral Order 00 -10 / SER -06. The officer in charge of collecting evident 6 will complete all reports and property control forms, and will plaoe it e evidence in secure storage prior to ending his /her tour of duty. c� } E. Return of the Search Warrant Officers shall observe statutory and administrative require "nts regarding return on the search warrant to include providing an inventory of seized property to the proper person for property taken, and return of the warrant and delivery of the property inventory to the appropriate judicial authority within specified time limits. 't'•Etf c.� N —f�l F G LEG 04.9 Liaison with the County Attorney 1. Officers seeking search warrants in unusual situations or where the seriousness, nature or legal complexity of the case so dictates, should review the case with the County Attorney's Office prior to seeking a search warrant. High -Risk Warrant Service Operations 1. Prior to the execution of a search warrant, the need for tactical support will be determined. In determining whether or not service of the warrant constitutes a high -risk operation under the provisions of this policy, the supervisor in charge must consider several factors: (f) The characteristics and location of the target premises and the number of persons likely to be present. (g) The anticipated need for pre - planned forcible or dynamic tactical entry into the premises. (h) Facts and information known or foreseen by officers that indicate an unusually high potential for violence or physical danger exists. The danger may originate from persons who are believed to be armed or who have a past history of violence or from a danger within the environment to be entered (i.e. explosives, volatile or hazardous chemicals, barriers or fortification, vicious animals, etc.). (i) The number of personnel and resources required to safely and adequately conduct the operation and accomplish the intended objective. 2. Supervisors should make a threat - assessment to determine whether the intended warrant service activity requires tactical support. If the assessment indicates a need for tactical support, the supervisor shall consult with the SRT Commander and the Commander of Field Operations, who will make the final determination. 3. Authorization for high -risk warrant service operations must be giv6 by the Commander of Field Operations or designee. _ 4. High -risk warrant service operations must be preceded with a written -iop to include, at a minimum, the following: (a) The procurement of any special equipment or resources needed_ (b) The designation of a radio talk group to be used and any special communications procedures to be followed; CD rti, U1 LEG 04.10 (c) The specific strategy for approaching, entering, securing and leaving the target premises. This strategy should include the layout of the premises (if known), and the identification of any known or anticipated hazards that may exist. (d) The specific responsibilities of each officer present during the operation, including provisions for the handling and transport of persons arrested; (e) The coordination of any special support needed from outside agencies regarding the foreseen or anticipated need for resources such as medical or firefighting personnel, animal control units, etc.; 5. Upon conclusion of the operation, the supervisor designated as having responsibility for the control and coordination of operation must: (a) Conduct a debriefing and /or critique of the operation with key participating personnel. The debriefing should be conducted as soon as practical following the operation; (b) Review the associated documentation, paperwork, and any required reports (e.g., use of force) to insure that current legal requirements and departmental policy have been met; (c) Insure that all evidence has been properly documented and placed in secure custody; (d) Ensure the preparation of an SRT report, if applicable. The SRT report must include a summary of the result of the operation and any recommendations arising from the debriefing. amuel Hargidine, hief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of higher legal standard of safety or care in an evidentiary sense with respect to third -party claims. Violations of this directive will only form the basis for departmental administrative sanctions. C_jti LEG 04.11 (APPENDIX I) IOWA CITY POLICE DEPARTMENT SEARCH WARRANT CONTROL REVIEW The attached search warrant has been reviewed and there is written documentation to support application. Supportive data under case # This search warrant does comply with the following Iowa City Police Department as well as State of Iowa requirements where appropriate. 1. Code of Iowa Chapter 808 2. General Order 00 -01, Search & Seizure 3. General Order 89 -04, Civil Rights 4. General Order 99 -02, Alarms - Open Door Response 5. General Order 01 -02, Informants Officer Making Application: (Signature) Date Submitted: Supervisor Approving: (Signature) Date Reviewed: Lieutenant: (Signature) Date Reviewed: r.� Prior to service of the search warrant, copies of the following are to be finished �-Qn 64. 1. Original complaint report(s). 2. All follow -up reports. 3. All intelligence reports. 4. Copy of search warrant. ' =' ' Z; 1 5. Copy of signed Search Warrant Control Review ?>' 6. Copy of Safety Plan Cn 7. Any other reports, data, relevant to the search warrant. LEG 04.12 SEARCH WARRANT CHECK LIST Deviations from the checklist must be approved by the Supervisor in charge Prior to County Attorney and Judge's Signatures 1. Satellite photograph of target / neighborhood Applicant Supervisor 2. Photographs of target residence (front, rear, sides as applicable) Applicant Supervisor SUPERVISOR MUST BE PRESENT DURING SERVICE OF SEARCH WARRANT Prior to Execution of Search Warrant 1. Briefing with all entry team officers, including supervisor Applicant Supervisor 2. Original complaint report, current investigative reports, intelligence reports Applicant Supervisor 3. Copy of search warrant Applicant Supervisor 4. Maintained surveillance on target residence for a minimum of 30 minutes (Narcotics / Drug Related) Applicant Supervisor Briefing: Specific Assignments / Tasks 1. Verification of address of target Applicant Supervisor 2. Method of entry and order of stack 0 F_? Applicant Supervisor 3. Exterior residence containment Applicant Supervisor < r 4. Photographs — Documentation / Evidentiary / Persons Applicant Supervisor' cri 5. Searchers / Interviewers Applicant Supervisor, LEG 04.13 6. Observation and control of suspects Applicant Supervisor_ 7. Communications with dispatch Applicant Supervisor 8. Historical data of suspects Applicant Supervisor 9. Update from surveillance officer on scene Applicant Supervisor 10, Written Safety Plan — copies to all officers participating Applicant Supervisor 11. Staging area discussion Applicant Supervisor, 12. Radio frequency & cell phone numbers Applicant Supervisor Post Warrant Service 1. Leave paperwork at scene of items seized Applicant Supervisor 2. Notification to supervisor of results, concerns and problems Applicant Supervisor 3. Use of Force report if applicable Applicant Supervisor. 4. Return of service to the court Applicant Supervisor, �1i SAFETY PLAN Case Number. Date Prepared LEG 04.14 (APPENDIX II) Iowa City Police Department Copy of MISSION INSTRUCTIONS (NOTE: Include datenime/location of operation, objectives, and specific details of the enforcement plan such as meet locations, locations to be searched, and subjects arrested. If a clan lab operation, include waste disposal procedures. A map of the target area(s) must be attached.) CSl LEG 04.15 PERSONNEL V. UNDERCOVER Officer Call Sign Mobile # Pager # Vehicle Make Year Model Color License Number State Officer Call Sign Mobile # Pager # Vehicle Make Year Model Color License Number State LEG 04.16 LEG 04.17 X111. CHECKLIST Yes N/A Yes N/A Operational Plan to Comm. Center Date Surveillance Assignments Portable Radios Eavesdropping Authorization Perform Communications Check Entry Tools Kel /Unit Receiver Check Raid Jackets & Protective Gear Cross Check with other Agencies Enforcement Briefing Cross Check performed by: ADMINISTRATIVE Plan Prepared By Signature Date Name of Approving Supervisor Signature Date p•, 0 Photographs and additional information should be provided and attached as appropriate. cry LEG 04.18 SURVEILLANCE NOTES Time Observed By Activity -----T SURVEILLANCE OFFICER I DATE April 8, 2008 Mtg Packet PCRB COMPLAINT DEADLINES 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) PCRB Mtg #2 (Review Draft Report) PCRB Report due (45days): 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) PCRB Mtg #2 (Review Draft Report) ------------------------------------------------------------ PCRB Report due (45days): PCRB Complaint #08 -02 Filed: 02/26/08 Chief's Report due (90days): 05/26/08 Chief's Report filed: PCRB Mtg #1 (Review & Assign) PCRB Mtg #2 (Review Draft Report) PCRB Report due (45days): -------------------------------- - - - - -I PCRB Complaint #08 -03 Filed: 02/29/08 Chief's Report due (90days): 05/29/08 Chief's Report filed: 03/19/08 PCRB Mtg #1 (Review & Assign) PCRB Mtg #2 (Review Draft Report) PCRB Report due (45days): Tentative 30 -day Extension request: 03/11/08 04/08/08 04/17/08 ---------------- ??/??/08 ? ?/ ? ?/08 ? ?/ ? ?/08 ? ?/ ? ?/08 ? ?/ ? ?/08 ---------------- ??/??/08 04/08/08 ? ?/ ? ?/08 05/05/08 06/04/08 April 8, 2008 Mtg Packet PCRB MEETING SCHEDULE April 8, 2008 May 13, 2008 June 10, 2008 July 8, 2008 POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS March 2008 Date Description 3 -19 -08 Question from Citizens Review Board Member from New York state re procedure for securing subpoena powers POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, 1A 52240-1826 (319) 356-5041 April 8, 2008 r--J 0 To: City Council Complainant Dale Helling, Interim City Manager Sam Hargadine, Chief of Police Officer(s) involved in complaint 75 From: Police Citizen's Review Board Re: Investigation of PCRB Complaint #07-01 This is the Report of the Police Citizens Review Board's (the "Board") review of the investigation of Complaint PCRB #07-01 (the "Complaint"). BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, Section 8-8-713 (2), the Board's job is to review the Police Chiefs Report ("Report") of his investigation of a complaint. The City Code requires the Board to apply a "reasonable basis" standard of review to the Report and to "give deference" to the Report "because of the Police Chiefs professional expertise", Section 8-8-7 B (2). While the City Code directs the Board to make "Findings of Fact", it also requires that the Board recommend that the Police Chief reverse or modify his findings only if these findings are "unsupported by substantial evidence', are "unreasonable, arbitrary or capricious" or are "contrary to a Police Department policy or practice, or any Federal, State or local law", Section 8-8-7 B (2) a, b, c. BOARD'S PROCEDURE The Complaint was received at the Office of the City Clerk on December 4, 2007. As required by Section 8-8-5 (B) of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chiefs Report was due on March 3, 2008, and was fled with the City Clerk on March 3, 2008. The Board met to consider the Chiefs Report on March 11 and April 8, 2008. The Board voted to review the Chiefs Report in accordance with Section � -8 -7 (B) (1) (a), "on the record with no additional investigation." FINDINGS OF FACT During an investigation of a shooting which resulted', in physical injury, police officers, while attempting to locate suspects, sought permission to search a residence in the area. An adult male answered the door at the residence and upon identification by the officers of their status, stated that he lived at the residence with his children, and he gave the officers permission to search the residence. The Complaint was not filed by the adult male mentioned above, but by an adult female who was not present during the search. The Complainant states that officers searched her residence without her consent and harassed the father of her children. The,, second allegation is that the officers, after the search, proceeded to her place of employment and threatened to revoke her Section 8 Housing Assistance. The Chiefs Report contained summarization of three allegations, but the Board agreed to collapse the second and third allegations into one. The third allegation asserted that an officer sent e -mail correspondence offering assistance at the housing termination hearing. CONCLUSIONS After reviewing the Complaint and the Chiefs Report the Board concluded that the allegations were not substantiated. Sufficient evidence was present�d in the Chief s Report to conclude that the adult male had residence status at the apartment, and therefore had legal right to give officers permission to search. 1. adult male's name on 2 police arrest dockets giving his address as this residence. 2. all persons agree that adult male is father of children at residence. 3. adult male's driver's license gives this residence as his address. - 4. adult male gave this residence as his address On two applications with Iowa' 'l Workforce Development. _ -1 5. Post Office reports that adult male gets mail the address of the residence: 6. adult male's clothing was found in the residenjce. 7. School District shows this residence address for adult male as the responsible person for the children, and has addressed mail to him there. 2 Sufficient evidence also was presented to indicate that the process of terminating the Complainant's Section 8 Housing Assistance was already in progress and any actions by the officers were tangential to such action. 1. Landlord notified Complainant of unauthorized occupant living at the residence. 2. Hearing before the Director of Housing and Inspection Services resulted in termination of Complainant's participation in the Section 8 rental assistance program. Fifteen points were listed in the hearing evidence, only one of which concerned the search in question. Allegation # 1 - Unauthorized search of residence, and harassment of children's father - NOT SUSTAINED. Allegation # 2 - Threatening revocation of Section 8 rental assistance program, and assistance of a police officer in those proceedings - NOT SUSTAINED. C�s `: cl M 5f(2) 7 Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5041 RESOLUTION NO. 08 -77 RESOLUTION TO ADOPT AMENDED STANDARD OPERATING PROCEDURES AND GUIDELINES FOR THE IOWA CITY POLICE CITIZENS REVIEW BOARD BY AMENDING SECTION IV AND SECTION VI, ADDING SUBPOENA POWER AND COMMUNITY FORUMS, AND NON - SUBSTANTIVE CHANGES AND FORMATTING ISSUES, AND REPEALING RESOLUTION 04- 308. WHEREAS, Ordinance 97 -3792 establishing the Police Citizens Review. Board requires final approval of procedures and guidelines for the Iowa City Police Citizens Review Board; and WHEREAS, a petition pursuant to Article VII of the Home Rule Charter of Iowa City and section 372.11 of the Code of Iowa proposing to amend the City's Home Rule Charter was filed with the City Clerk on August 20, 2001; and WHEREAS, the Iowa Supreme Court ordered that said proposed amendment to the Home Rule Charter be placed on the ballot in Beret et al. vs. City of Iowa City and Objections Committee, No. 46/06 -1382 (Iowa, August 31, 2007); and subsequently was approved by the voters on November 6, 2007; and WHEREAS, on November 2, 2004 the City Council adopted such standard operating procedures and guidelines by Resolution 04 -308; and WHEREAS, at their March 11, 2008 meeting the Police Citizens Review Board recommended an addition of subsection C to Section IV, and subsection B to Section VI, to amend the standard operating procedures to include the changes necessitated from the amendments to the Home Rule Charter, and non - substantive changes and formatting issues. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. That Resolution 04 -308 is hereby repealed. 2. The Iowa City Police Citizens Review Board standard operating procedures and guidelines dated March 11, 2008 are hereby adopted, as attached. Passed and approved this t st day of Apr; i , 20_QB__. ATTEST: Ua_4� 7k"- tt�cn% CITY tLERK CLK: PCRB /SOP -RES MAR -08 "Wan �i �, WMA City Attorney's Office 4� w Resolution No. Page 2 08 -77 It was moved by Champion and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: x x X x —X x x wpdata /glossary/resolution- ic.doc NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright CITY OF IOWA CITY IOWA POLICE CITIZENS REVIEW BOARD STANDARD OPERATING PROCEDURES AND GUIDELINES March 11, 2008 The Police Citizens Review Board (hereafter referred to as PCRB) was established to assure that investigations into claims of police misconduct are conducted in a manner which is fair, thorough and accurate and to assist the Police Chief, the City Manager and the City Council in evaluating the overall performance of the Police Department by having it review the Police Deportment's investigation into complaints. To achieve these purposes, the PCRB shall comply with Chapter 8 of the Iowa City Code, the PCRB's By -Laws, and the PCRB's Standard Operating Procedures and Guidelines. 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 03/08 Page 2 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 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 03/08 Page 3 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: 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 03/08 Page 4 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: 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 8. 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 03/08 Page 5 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 4. 2. Voting. See By -Laws V 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 VII 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 03/08 Page 6 7. Confidentiality of information protected by the Iowa Open Records Law or the Iowa Open Meetings Law. See By -Laws VII 1(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 11. 2. Ex Parte Contacts. See By -Laws V 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 Chiefs 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 By- Laws. Such a motion if made in closed session will be ratified in open session. 2. The subpoena will be prepared by legal counsel for signature by the PCRB Chair. 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, of no more than two PCRB members assigned by the Chair, at a time and place determined by the committee. D. Request for an extension of time to file PCRB public report. Refer to 8 -8 -7 B(6) of the City Code. PCRB SOP 03/08 Page 7 E. 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. F. Name - clearing hearing procedure 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 03/08 Page 8 G. 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. H. 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. 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 03/08 Page 9 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 By -Laws, 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, Section 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. F. 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. PCRB SOP 03/08 Page 10 G. 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. H. The PCRB shall utilize its own letterhead stationery. PCRB SOP 03/08 Page 11