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HomeMy WebLinkAbout05-13-2008 Police Citizens Review BoardAGENDA POLICE CITIZENS REVIEW BOARD May 13, 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 04/08/08 • ICPD General Order 89 -04 (Civil Rights) • ICPD General Order 91 -07 (Investigative Case Screening Process) • ICPD General Order 92 -01 (Infectious Disease Control) • ICPD General Order 99 -03 (Prisoner Transport) • ICPD General Order 00 -10 (Evidence and Property Handling Procedures) • ICPD General Order 01 -07 (Police Media Relations /Public Information) • ICPD Quarterly /Summary Report (1 st quarter) — IAIR/PCRB, 2008 • ICPD Department Memo 08 -16 (January- February Use of Force Review) • ICPD Use of Force Report — January 2008 • ICPD Use of Force Report — February 2008 ITEM NO. 3 OLD BUSINESS • Future Forums ITEM NO. 4 NEW BUSINESS ITEM NO. 5 PUBLIC DISCUSSION ITEM NO. 6 BOARD INFORMATION ITEM NO. 7 STAFF INFORMATION ITEM NO. 8 CONSIDER MOTION TO ADJOURN TO EXECUTIVE SESSION based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22 -7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. ITEM NO. 9 TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • 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 • September 9, 2008 ITEM NO. 10 ADJOURNMENT MEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City DATE: May 9, 2008 TO: PCRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on May 13, 2008 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 05/13/08 • Minutes of the meeting on 04/08/08 • ICPD General Order 89 -04 (Civil Rights) • ICPD General Order 91 -07 (Investigative Case Screening Process) • ICPD General Order 92 -01 (Infectious Disease Control) • ICPD General Order 99 -03 (Prisoner Transport) • ICPD General Order 00 -10 (Evidence and Property Handling Procedures) • ICPD General Order 01 -07 (Police Media Relations /Public Information) • ICPD Quarterly /Summary Report (1St quarter) — IAIR/PCRB, 2008 • ICPD Department Memo 08 -16 (January- February Use of Force Review) • ICPD Use of Force Report — January 2008 • ICPD Use of Force Report — February 2008 • PCRB Complaint Deadlines • PCRB Office Contacts — April 2008 • Extension request regarding PCRB Complaint #08 -03 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 — April 8, 2008 CALL TO ORDER: Vice -Chair Elizabeth Engel called the meeting to order at 5:34 p.m. MEMBERS PRESENT: Loren Horton, Donald King, Greg Roth MEMBERS ABSENT: Michael Larson STAFF PRESENT: Staff Kellie Tuttle STAFF ABSENT: Legal Counsel Catherine Pugh OTHERS PRESENT: Captain Tom Widmer of the ICPD; and public, Caroline Dieterlie, Dean Abel RECOMMENDATIONS TO COUNCIL (1) Accept PCRB Report on Complaint #07 -01. CONSENT CALENDAR Motion by Horton and seconded by King to adopt the 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) Motion carried, 4/0, Larson absent. OLD BUSINESS None. NEW BUSINESS Future Forums — The Board discussed that early fall would be a good time to hold a forum. Motion by King and seconded by Horton to table the discussion until there were all members and legal counsel present. Motion carried, 4/0, Larson absent. PUBLIC DISCUSSION None. BOARD INFORMATION None. STAFF INFORMATION None. EXECUTIVE SESSION Motion by Horton and seconded by King 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 PCRB April 8, 2008 Page 2 required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 4/0, Larson absent. Open session adjourned at 5:37 P.M. REGULAR SESSION Returned to open session at 5:54 P.M. Motion by Horton and seconded by King to forward the Public Report as written for PCRB Complaint #07 -01 to City Council. Motion carried, 4/0, Larson absent. Motion by Roth and seconded by King to request a 60 -day extension for PCRB Complaint #08 -03 due to timelines, scheduling and absence of legal counsel. Motion carried, 4/0, Larson absent. 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 ADJOURNMENT Motion for adjournment by Horton and seconded by Roth. Motion carried, 4/0, Larson absent. Meeting adjourned at 5:56 P.M. n 7 d O 3 w w U W V a 0 a 0 � A W N b1 z� H H d G� it v, y zz �coOZ al M N Z Z z z z iC c c �o w 00 00 0 0 ON 0 ww ax G7a A G� it v, y zz �coOZ al LEG -01.1 CIVIL RIGHTS Date of Issue General Order Number May 5, 2000 189-04 -- :n Effective Date Section Code > -+ May 061 2008 LEG -01 0! 1 Reevaluation Date Mav 2009 Amends / Cancels o � �A C.A.L.E.A. Reference 1.2.3, 1.2.5 INDEX AS: Civil Rights Rights, Civil Rights, Individual Arrests Warrants Search and Seizure Use of Force N -n M 3 I. PURPOSE The purpose of this order is to consolidate the policy of the Iowa City Police Department on civil rights as already expressed in current Department rules, directives, and other publications. This order will reaffirm the Department's determination to observe, uphold, and enforce all laws pertaining to the individual rights of each person without regard to age, race, color, creed, religion, sex, national origin, economic status, marital status, disability, sexual orientation or gender identity. II. POLICY It is the policy of the Iowa City Police Department to ensure that the civil rights of the citizens of Iowa City are upheld. Members of the department shall ensure that all constitutional protections are afforded those parties with whom the department is involved. LEG -01.2 III. PROCEDURES INDIVIDUAL RIGHTS A. All persons are guaranteed protection against unlawful arrest and unreasonable search or seizure. (see general order 00 -01, Search and Seizure) B. Department personnel shall uphold these rights by: 1. Taking a person into custody only when there is reasonable grounds to believe that: a. An arrest warrant exists for the person, or 8 o b. The person has committed or is committing a violation of the Jow-, 00 c. The person may be a harm to themselves or others °` 2. Entering a private dwelling only when he /she: o a D a. Has in his /her possession a search warrant authorizing him /her too so, or b. Has reason to believe that immediate entry is necessary to protect a person within such private dwelling from death or serious injury, or c. Can otherwise legally justify his /her action. 3. Taking from an individual only such property as he /she is legally authorized to take, and recognizing that he /she is responsible and must account for all such property. C. When making an arrest or searching and seizing property, Department personnel shall use only such force which is reasonable and necessary and in compliance with departmental directives pertaining to the use of force. (see general order 99 -05, Use of Force) D. At all times Department personnel shall: 1. Never exhibit any bias or prejudice against any group or individual. 2. Act, speak, and conduct themselves in such a manner as to treat all persons with courtesy and with that respect due to every person as a human being. LEG -01.3 CITIZENS GUARANTEE A. All persons of this country are guaranteed the right to seek redress of grievances by: P-4 1. Freedom of speech _ O n > � 00 "il 2. Peaceful assembly "n � 01 _ �rn 3. Peaceful picketing 4. Distribution of handbills providing such distribution is not in conflict wlffi the provisions of any City Ordinance. B. The rights set out in paragraph A, above, while fundamental in our democratic society, do not mean that everyone with opinions or beliefs to express may do so at any public place and at any time. The constitutional guarantee of liberty implies the existence of an organized society maintaining public order, without which liberty itself would be lost in excesses of anarchy. The exercise of these rights of free expression must not: 1. Conflict with the governmental responsibility to keep public streets and public facilities open and available for public use. 2. Include the use of inflammatory remarks related to any instance where a clear and present danger of a riot against any person or group of persons exists. C. Resources of the Department will be employed to rapidly and decisively enforce statutes and ordinances which provide for the protection of the rights and property of all persons. 1. To the extent possible, Watch Commanders will assure that adequate staffing is available to control and maintain order in every instance where crowds have formed or are expected to form. 2. Police personnel in command at the scene of any assembly must be aware of their responsibility to afford protection to both participants and non - participants, and will deal with illegal acts promptly, decisively, and impartially. LEG -01.4 ARRESTED PERSONS A. All persons of this country, in keeping with our democratic processes, are guaranteed certain basic constitutional safeguards. These safeguards will not be denied any person even though he /she has committed, or is suspected of having committed, a criminal act. B. Department personnel will at all times be aware of a prisoner's rights and shall: 1. Permit the prisoner to communicate with his /her attorney and /or a family by making a reasonable number of telephone calls. 2. Expedite all necessary processing so the prisoner will be detained no longer than necessary. 3. Never use force or coercion in seeking admissions of guilt or confessions. 4. Recognize and respect the prisoner's right to refuse to give evidence against him /herself; however, there is no encroachment upon a pri §Wer's rights if he /she should voluntarily supply such information. p EB RESPONSIBILITY Each officer shall familiarize him /herself with the laws and Departm diregiveM pertaining to civil rights to insure his /her: 5;U =r. 0 ;F A. Recognition of each person's civil rights and ?'' NO B. Compliance with all laws and Department directives relating to civil rights. VIOLATIONS Violations of this policy may be the basis of disciplinary action up to and including discharge from the Department. Egregious violations of persons' civil rights may result in individual liability and /or criminal sanctions. Sa uel Hargadi , Chief of Police INV 01.1 INVESTIGATIVE CASE SCREENING PROCESS Date of Issue General Order Number February 8, 2001 191-07 Effective Date Section Code April 4, 2008 INV -01 (previously OPS -05) Reevaluation Date Amends / Cancels February 2011 1 91 -07 Effective October 8, 1991 C.A.L. E.A. Reference 42.1.2 INDEX AS: Investigations Follow -up Investigations — r°a 71 Case Screening Criteria Exceptional Circumstances j ; 1 Solvability Factors 0" I. PURPOSE The purpose of this order is to establish the polici-es and procoddres of the -lowa City Police Department, Investigative Case Screening Process. This process shall be the means for determining whether an investigation should be continued. I NV 01.2 III. DEFINITIONS Solvability Factors - Elements of information about a crime which have proven in the past to be important in the successful conclusion of a case. Case screening is designed to provide sufficient information about a case at the earliest possible time in the investigative process in order to permit a decision to be made regarding the value of continuing an investigation. The outcomes of case screening will be either: early suspension of unpromising cases or, a follow - up investigation of those cases with a reasonable probability of case clearance. The objectives of the Investigative Case Screening Process are: 1. To establish the policies and procedures for determining whether to assign a case for additional follow -up investigation or to suspend any further investigation. 2. To establish the responsibility and accountability for the decision to assign or screen out a case. 3. To manage the investigative caseload so that the potential for solving cases is improved. 4. To assign for additional follow -up investigation only those cases with sufficient solvability factors, in order to increase the probability of case clearance. 5. To provide procedures for notifying crime victims of the current status of their case. IV. PROCEDURES CASE SCREENING CRITERIA A. SOLVABILITY FACTORS Criteria that are to be used as a guide to determine whether a case will receive follow -up investigation includes, but is not limited to the following: 1. Reliable witness 2. Suspect names 3. Suspect described 4. Suspect Location 5. Suspect identified U 6. Suspect previously seen -� 7. Suspect vehicle described - 8. Traceable property i1 CD INV 01.3 9. Significant m.o. 10. Useable physical evidence 11. Limited opportunity for anyone other than suspect to commit { -' the crime. 7_1 12. Offense may be solved with reasonable additional investigative effort. , CASE SCREENING RESPONSIBILITY - - -J A. WATCH COMMANDER s 1. The Watch Supervisors will be responsible for: a. Reviewing offense reports for completeness of the initial investigation and accuracy of the information contained on the offense report. b. Reviewing cases forwarded by officers under his /her command, to ensure that they have been followed up to the extent practical under the particular circumstances. c. Assigning cases to officers that do not merit an investigative reassignment however do need additional follow -up. 2. If, under exceptional circumstances, and in the Watch Supervisor's opinion an immediate follow -up investigation would substantially increase the likelihood of suspect apprehension or case clearance, the Watch Supervisor may reassign the case for an immediate follow -up investigation. B. INVESTIGATION SUPERVISOR 1. The responsibility of the Investigations Commander in the case screening process will be: a. To review all offense reports forwarded to the investigative section. b. To determine whether sufficient solvability factors and values are present in the case; and, c. To either assign the case for follow -up investigation or suspend the case. If the case is suspended, the Investigations Commander will notify the victim(s) of the status of the investigation or return it to the original investigating officer who will make the notification. 1) Upon assignment of the case by the Investigations Commander, an investigation shall be initiated and a follow -up report submitted within 30 days. This may be extended or waived at the discretion of the Investigations Commander. 2) Unless otherwise directed, upon assignment of the case, the assigned investigator shall keep all records, statements, lab reports, and other case INV 01.4 related materials with the case file. The Investigations Commander or designee shall have access to the file at all times. 3) The Investigations Commander shall review the status of all assigned cases within 30 days after assignment. Cases will be assigned an "Open ", "Closed" or "Inactive" status. Open cases will remain under investigation. Cases may be closed by arrest, exceptional clearance, suspended or unfounded. 4) Upon the closing of a case, all original documentation shall be submitted to Records pursuant to departmental guidelines. Files, which are subject to being recorded photographically or electronically, may be retrieved by the Investigations Commander or the investigating officer and stored pursuant to the direction of the Investigations Commander d. To forward offense reports to crime analysis (Planning and Research) with sufficient information about the case screening decision. C. EXCEPTIONAL CIRCUMSTANCES 1. While the case screening criteria are very specific, the Investigative Case Screening Process will be flexible enough to allow for exceptional circumstances including, but not limited to: a. Offenses of significant importance to the community. 0 b. Potential danger to victim(s) or witness(es). C. Seriousness of offense. F d. Pattern, frequency, or m.o. characteristics of offense. e. Management decisions to pursue a case regardless of solvability facto, Q0 2. While there is a degree of flexibility in the case screening process, exceptional circumstances such as those described above shall be the exception, rather than a standard procedure. D. REPORT REVIEW /CRIME ANALYSIS OFFICER 1. The responsibility of the report review /crime analysis officer in the case screening process will be: a. To coordinate the Investigative Case Screening Process to ensure that the screening decisions are within established procedural guidelines; b. To analyze offense, incident and other reports for crime patterns and trends, similar m.o. characteristics, or unique factors and to notify appropriate personnel of the results of these analyses through bulletins, spot maps and /or other appropriate reports; INV 01.5 c. To analyze the any changes in patterns /trends in connection with changes in enforcement efforts. d. To review current trends, patterns, and /or problems with the Chief of Police or designee as needed /required. CRIME ANALYSIS Crime analysis will, at a minimum, consist of the following: analysis of case reports, incident reports, and calls for service. To the extent possible, crime data shall be analyzed to identify the following: a. Temporal and geographic factors /distribution of selected types of crime; b. Frequency by type of crime; c. Victim or target descriptors / tvpes; - f d. Suspect identifiers or descriptors; —' e. Suspect vehicle identifiers; f �...1 f. MO identifiers; g. Physical evidence information; and h. Other factors as determined by the Crime Analysis Officer. In addition, as requested, the Crime Analysis section should develop recommendations for prevention and enforcement strategies. As available, crime analysis data should be forwarded to the affected watches and officers assigned to the specific geographical area. E. COMMANDER - FIELD ORERATIONS 1. The responsibility of the Commander, Field Operations in the case screening process will be to meet with the Investigations Commander on a regular basis and resolve any problems or conflicts developing from the case screening process. Upon receiving a case, the Investigations Commander shall make a determination of the "solvability" of the particular case using the criteria contained in General Order 91 -07. Once assigned, the Investigations Commander shall maintain records indicating the status of the case. The case records should indicate the incident number, date assigned, the investigator assigned, case status, days open and other information as determined by the Investigations Commander. The assigned investigator shall maintain the case file in a secure manner. The file shall include a copy of the preliminary investigative report and any written statements. In addition the file may include any lab results, follow up reports, notes, statements, and NV 01.6 other materials as determined by the investigating officer. The investigating officers' follow -up should include those steps necessary to adequately conclude the investigation. To the extent necessary and practical the investigating officer should: a. Review and analyze previous reports, records and /or technical reports and lab results relative to the investigation. b. Conduct additional interviews and /or interrogations. 1) This may include the interviewing or re- interviewing of the victim, witnesses and "bystanders ". 2) Determine if any witnesses may be able to identify a suspect from a lineup. c. Seek additional information from both departmental and non - departmental sourc.s. These may include but are not limited to: 1) Speaking with the officer(s) who were initially assigned the call 2) Obtaining information /data from the planning and research. a 3) Obtaining information from records.: r `D 4) Obtaining information from informants. } _D 5) Obtaining information from organizations, businesses, institutions and others that may have dealt with potential suspects. d. Ensure that the collection of evidence and the search of any relevant areas has been completed. e. Maintain contact with victims and witnesses throughout the duration of the investigation. f. Identify potential suspects and eliminate those who are no longer suspects. g. Determine the suspect's potential involvement in other related crimes. h. Check criminal history of suspects. i. Thoroughly prepare the case for legal presentation. Upon conclusion or suspension of an investigation, the investigator shall forward the case file to the Investigations Commander. The Investigations Commander shall then review and forward the file to the Records Section. WART INV 01.7 Samu I Hargadine, hief Jf Police lr� ADM -05.1 INFECTIOUS DISEASE CONTROL Date of Issue General Order Number MAY 08, 1992 192-01 Effective Date Section Code MAY 05, 2008 ADM -05 Reevaluation Date Amends / Cancels April 2011 C.A.L. E.A. Reference o c� INDEX AS: Acquired Immune Deficiency Syndrome (AIDS) m Hepatitis B Virus (HBV) a x Human Immunodeficiency Virus (HIV) > Infectious Disease Infectious Disease Exposure -n o. M PURPOSE: The purpose of this directive is to establish uniform guidelines for the handling of situations which pose an infectious disease exposure risk to humans, and specifically to police officers. This order consists of the following numbered sections: I. Introduction II. Policy III. Definitions IV. Procedure V. Personal Protective Equipment VI. Disinfection, Decontamination, and Disposal VII. Handling of Persons and Employee Conduct Vlll. Employee Management ADM -05.2 I. INTRODUCTION The Hepatitis A/B Viruses (HAV / HBV) have long been recognized as being capable of causing illness and /or death. Similarly, Human Immunodeficiency Virus (HIV), also referred to as Acquired Immune Deficiency Syndrome (AIDS), is known to cause the same effect on the human body. Research has demonstrated that when proper barrier techniques are utilized, transmission of HBV and HIV can be prevented. Since law enforcement officers work in environments that provide inherently unpredictable risks of exposure, general infection - control procedures must be adapted to the work situations. Personal protection measures must be exercised in all situations that have a likelihood of exposure to infectious diseases. III. DEFINITIONS OSHA Rule 29 CFR 1910 -1030; Exposure Control Plan for Bloodborne Pathogens FD Term Definition Blood Human blood, human blood components an�pfodLtks l- made from human blood. U M Bloodborne Pathogens Pathogenic microorganisms that are presenMiThur %n blood and can cause disease in humane ThEme pathogens include, but are not limited to, Hepatitis B Virus (HBV) and Human Immunodeficiency Virus (HIV). Body Fluids Fluids that have been recognized by CDC as directly linked to the transmission of HIV and /or HAV / HBV and /or to which universal precautions apply; blood, semen, blood products, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, peritoneal fluid, pericardial fluid, amniotic fluid, and concentrated HIV or HAV / HBV viruses. Contaminated The presence or the reasonably anticipated presence of blood or other potentially infectious materials on an item or surface. Contaminated Laundry Laundry which is wet with blood or other potentially infectious materials and presents a reasonable ADM -05.3 likelihood of soakthrough or leakage from the bag or container; laundry which may contain sharps. Contaminated Sharps Any contaminated object that can penetrate the skin including, but not limited to, needles, scalpels, broken glass, broken capillary tubes, and exposed ends of dental wires. Decontamination The use of physical or chemical means to remove, inactivate, or destroy bloodborne pathogens on a surface or item. Disinfect To inactivate virtually all recognized pathogenic microorganisms, but not necessarily all microbial forms (e.g., bacterial endospores) on inanimate objects. Engineering Controls Controls that isolate or remove the hazard from the workplace. Exposure Incident A specific eye, mouth, other mucous membrane, non - intact skin, or parenteral contact with blood or other potentially infectious materials that results from the performance of an employee's duties. Occupational Exposure Reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or other potentially infectious materials that may result from the performance of an employee's duties. This definition excludes incidental exposure that may take place on the job, and that are neither reasonably nq6 routily expected and that the worker is not requiredl0nm&in the normal course of employment. ''� -n Other Potentially .� M Infectious Materials (1) The following body fluids: SemE5,;u vag -Mal 0 secretions, cerebrospinal fluid, synovial flt�0, plEwal fluid, pericardial fluid, peritoneal fluid, arrAotic fpid, saliva in dental procedures, and any body fluid that is visibly contaminated with blood; (2) Any unfixed tissue or organ (other than intact skin) from a human (living or dead); and (3) HIV - or HAV / HBV - containing cell or tissue cultures, organ cultures, and culture medium or other solutions; and blood, organs or other tissues from experimental animals infected with HIV or HAV / HBV. IV. ADM -05.4 Parenteral Piercing mucous membranes or the skin barrier through needlesticks, human bites, cuts, abrasions, etc. Personal Protective Equipment (PPE) Specialized clothing or equipment worn by an employee for protection against a hazard. Source Individual Any individual, living or dead, whose blood, body fluids, tissues, or organs may be a source of exposure to the employee. Examples include, but are not limited to, hospital and clinic patients; clients in institutions for the mentally retarded; trauma victims; clients of drug and alcohol treatment facilities; residents of hospices and nursing homes; human remains prior to embalming; and individuals who donate or sell blood or blood components. Sterilize The use of a physical or chemical procedure to destroy all microbial life, including highly resistant bacterial endospores. Universal Precautions The term "universal precautions" refers to a system of infectious disease control which assumes that every direct contact with body fluids is infectious and requires every employee exposed to direct contact with body fluids to be protected as though such body fluids were HAV / HBV or HIV infected. Therefore, universal precautions are intended to prevent health care workers from parenteral, mucous membrane and non - intact skin exposure to bloodborne pathogens. FD Work Practice Controls Controls that reduce the likelihood of ex ob— are�iy altering the manner in which a task is perforrr%d- PROCEDURE =pr- --p M A. Modes and Risk of Infectious Disease Transmission 5;u =r 0 Hepatitis A/B Viruses (HAV / HBV) and Human Immunodeficiency \&s (HIV) are considered infectious diseases by all health and medical resources. Both have been transmitted in occupational settings only by contact with open wounds, chapped or weeping skin, or mucous membranes to blood, blood- contaminated body fluids, or concentrated virus. There is no evidence that HBV or HIV is spread through the air, through food, or through routine, casual contact. ADM -05.5 Although blood is the single most important source of HIV and HAV / HBV, police officers are often in adverse situations that make differentiation between body fluids difficult. For example, poor lighting may limit the ability to distinguish blood from other body fluids. Therefore, all body fluids shall be treated as potentially hazardous under uncontrolled, emergency circumstances in which differentiation between body fluids is difficult. Additionally, all persons should be assumed to be infectious with HIV and/or HBV. The risk of exposure to infectious diseases can be minimized by the use of personal protection devices when circumstances dictate. Protection can be achieved through the use of equipment such as gloves, masks, and special clothing designed to provide a barrier between the employee and a risk source. The use of such equipment is often referred to as universal precautions. Police officers must always be aware of potential i5xpos e risk situations and do as much as possible to reduce the risk. -,c; 0 >:- _ 1. Cardiopulmonary Resuscitation (CPR) n �- ={ I'°ifl Police personnel should be concerned with the possible -4/ awl 0 HAV / HBV exposure through CPR administration. The refo@ig loves and a protective resuscitation mask ( "pocket mask ") with aoone -wN valve must always be used when administering CPR. After such a situation is completed, personnel and equipment must be cleaned. 2. Fights and Assaults Fights and assaults can place an officer in a situation for potential exposure from a wide range of causes such as human bites and attacks with sharp objects. Such instances may occur during arrest, routine interrogations, domestic disputes, and booking operations. Hands on contact may result in the presence of body fluids and thus a chance of exposure. Extreme caution must be used in dealing with a suspect or prisoner with assaultive or combative behavior. When blood is present and a suspect displays combative or threatening behavior, an officer must attempt to put on gloves as soon as conditions permit. Should the clothing of an officer become exposed, it should be changed as soon as possible. Suspects and prisoners may spit or throw body fluids onto an officer during street contact or booking procedures. Any fluids or materials should be removed with a disposable towel after donning gloves, and the area then decontaminated with appropriate cleaning materials. Following clean -up, soiled towels and gloves should be disposed of in a proper manner. ADM -05.6 3. Human Bites Should an employee be bitten by anyone, the employee shall clean the wound with soap and water as soon as possible. The employee shall report the bite to a supervisor and obtain routine medical attention as soon as possible to prevent infection. Appropriate documentation of the incident must be completed, and should include employee injury reports for permanent retention in the employee's personnel file. 4. Searches and Evidence Handling During searches and evidence handling, exposure to HIV and HAV / H13V may be possible. Injuries such as puncture wounds, needle sticks, or cuts pose a hazard during evidence handling and during searches of persons, vehicles, and places. The following precautions can help reduce the risk of infection during search situations: a) Caution must be used when searching prisoner /suspects' clothing. Discretion should be used to determine if an employee should search a prisoner /suspect's clothing or if the prisoner /suspect should empty his or her own pockets. b) A safe distance should always be maintained benn officer and a suspect. > _4 < c) An employee should wear protective gloves if eoEsure"to body fluids is likely to be encountered. o rn 3 d) If cotton gloves are to be worn for evidence haOling, t&y should be worn over protective, disposable gloves wf'ren exposure to body fluids may occur. e) A flashlight should be used when searching areas in which the available light does not permit adequate vision. f) Containers such as purses and bags should be searched by turning the container up- side -down to empty the contents. Small compartments must not be searched by the finger or hand -probe method. g) Puncture -proof containers should be used to store any sharp objects that may be contaminated with body fluids. h) Caution must be used when staples are used to seal evidence so as not to tear gloves or puncture skin. ADM -05.7 i) Wet or damp items of evidence should be air -dried prior to placement in any air -tight containers. j) When practical and appropriate, puncture resistant gloves should be worn anytime a search of a person, vehicle or place is conducted. All officers, and particularly those involved with identification and crime scene processing, must be alert for the presence of sharp objects such as hypodermic needles, knives, razors, broken glass, nails, or other sharp objects. Sharp objects should not be handled with unprotected, bare hands but rather by mechanical means, such as forceps or tongs. Contaminated evidence shall not be transported, handled, nor stored with or near any food items. An employee who has had contact with or has been near contaminated items must not smoke or consume food until after a thorough hand washing. 5. Deceased Persons and Body Removal Officers should wear gloves and cover all cuts and abrasions before touching a deceased person or removing a body. Precautions should also be used when handling amputated limbs or other body parts. Safeguards should be followed for contact with the blood of anyone, regardless of whether the person is known or suspected to be infected with HIV or HAV / HBV. 6. Autopsies Protective masks and eyewear or face shields, laboratory coats, gloves, and waterproof aprons should be worn when attending an autopsy. All autopsy material should be considered infected vyh HIV and HAV / HBV. Should police equipment come in c�t'act vy body fluids or a contaminated surface, it must be thorougA5' a_ I ed 'YI with appropriate chemical germicide. -; C') 01 C r- 7. Crashes With Injury p When responding to a vehicular collision or other type>bf accent where injuries are present, protective gloves should be worn if body fluids are likely to be encountered. Additional protective equipment should be worn if body fluids are extensive. V. PERSONAL PROTECTIVE EQUIPMENT Appropriate personal protective equipment should be used at any time there is a risk of exposure. For many situations, the chance that an employee will be exposed to blood and other body fluids can be determined in advance. Therefore, if the chance of exposure to body fluids is high, the employee should put on ADM -05.8 protective equipment before dealing with the situation. Although several types of equipment are recommended for protection, those commonly used may not be all that is available. A. Gloves Gloves should be used in all situations in which exposure to body fluids could occur. Extra pairs of gloves should always be available in case of damage. Consideration in the choice of gloves should include dexterity, durability, fit, and the task being performed. Thus, there is no single type of thickness or glove style that is appropriate for all situations. Thin nitrile gloves may be the preference of patrol officers due to the ease of storage and transportation. These gloves may tear easily when used due to the thin design. Therefore, extra pairs should be available. In known hazardous situations, double - gloving is recommended. No gloves shall be used if they are peeling, cracked, discolored, punctured, torn, or have evidence of deterioration. _ � o ciao Specially designed puncture- resistant gloves are issued to all offs aM -n should be used whenever an officer is handling or searching an arpawhe[e there is a chance of cuts or punctures occurring. 0 °' Heavy, rubber -type gloves may be the preference in situations v ere tP gloves can be easily obtained. This type of situation may occur duriF9 crime scene processing. These gloves may be reused if cleaned after each use with appropriate cleaning methods. Gloves should be carried by each patrol officer and be available for incidents where exposure could occur. Similarly, gloves should be available at the police station for use during booking procedures and prisoner handling. B. Masks, Eyewear, and Gowns Masks, eyewear, and gowns shall be available in all patrol vehicles and at the police complex. These protective barriers should be used in conjunction with gloves when there is a situation where splashes of blood or other body fluids could occur. All protective equipment shall be made of materials that are fluid -proof or fluid- resistant and shall protect all areas of exposed skin. Should splashes or exposure occur when masks and gowns are not worn and clothing becomes contaminated, the clothing should be removed as soon as possible. Employees shall be permitted work time in which to change clothing. If at all possible, the clothing should be changed at the police station to avoid the contamination of an employee's residence. Contaminated clothing should be bagged for laundering. ADM -05.9 VI. DISINFECTION, DECONTAMINATION, AND DISPOSAL: A. Cleansing and Decontamination of Body Fluids Spills All spills and splashes of body fluids should be promptly cleaned using an approved germicide. Visible materials should first be removed with disposable towels or other appropriate means that will ensure against direct contact with body fluids. Gloves shall be worn during cleaning operations. Eye protection and additional protective clothing shall be worn if splashing is anticipated. Following any cleaning, employees shall wash hands and any other body surface that may have been contaminated during cleaning. The Department shall ensure that a supply of materials and germicides suitable for the cleaning of HIV and HAV / HBV contamination are available at all times. Cleaning equipment should be used in accordance with the manufacturers' recommendations. Plastic bags should be available for removal of contaminated items from a contaminated area. All contaminated items and cleanina eauipment shall either be anDrooriately cleaned or disposed in a designated container at the police complex. o n 1. Hand Washing > C, Hands and other skin surfaces should be washed immeih4€ely aid M thoroughly if exposed or contaminated with body fluids.'n HaRls should always be washed after gloves are removed, e if -the gloves appear to be intact. Hands, and any other exposed sNn surface, should be washed with warm water and soap. Waterless antiseptic hand cleanser should be available to all officers for use when hand - washing facilities are not available. No food substances may be consumed following exposure to body fluids until after thorough hand washing has been completed. 2. Laundry Although contaminated clothing has a negligible risk of disease transmission, employees shall treat all contaminated laundry with full universal precautions. Clothing that has received spills or splashes shall be removed as quickly after the exposure as possible. If possible, the clothing removal should be done at the Police Department so as not to contaminate an employee's residence. All sworn officers shall have an additional full uniform available in their locker. Clothing which has been contaminated with body fluids may be bagged and transported for laundering at the expense of the department. Although normal laundry cycles and detergent used to the manufacturers' recommendations are satisfactory for the cleaning of contaminated clothing, no employee shall be required to launder contaminated clothing if he or she does not wish. The employee is responsible to ensure his or her supervisor is aware of ADM -05.10 the need for laundry service. The supervisor shall ensure arrangements are made for the laundry service of the contaminated clothing. 3. Decontamination and Cleaning of Protective Equipment Reusable protective equipment and interiors of police vehicles contaminated with body fluids shall be cleaned as soon as possible after exposure. If equipment is contaminated at locations other than the police station, the equipment should be transported to the Police Department in bags. Cleaning germicides shall be available at the Police Department and should be used in accordance with the manufacturers' recommendations. Employees involved with equipment cleaning shall wear gloves during the process and additional protection if necessary. 4. Contaminated Objects Disposal Disposal of contaminated clothing, protective equipment, and all other objects of concern shall be done by placement in a designated container at the Police Department. A designated container shall be available at all times and shall be emptied by only properly authorized persons. The Police Department will arrange for disposal of contaminated waste by persons or outside agencies properly trained and certified to do so. 5. Contaminated /Infective Waste All contaminated materials shall be placed only in an Vffopaote container for disposal at the Police Department. �' =� < it io,.. VII. HANDLING OF PERSONS AND EMPLOYEE CONDUCT: ={ P M hi A. Equal and Nondiscriminatory Treatment — Courtesy and civility toward the public are demanded at all tknes of=all department employees, and any conduct to the contrary will not be tolerated. Facilities, programs, and services shall be available to all members of the public on an equitable basis regardless of known or suspected HIV or HAV / HBV infection. Jokes, discrimination, and refusal or omission of services will not be tolerated towards any member of the public. Should a particular incident require the use of employee protection measures, such protection shall be used with courtesy and civility towards all persons. Employees of the department shall not discriminate nor treat unequally any other employee known or suspected of being infected with HBV or HIV. If an infected employee receives medical approval to report to work, the employee shall be treated without discrimination by all other employees. ADM -05.11 The infected employee shall be employed so long as he or she is able to perform assigned job functions in accordance with department standards. VIII. EMPLOYEE MANAGEMENT: The Police Department shall maintain a safe working environment for all employees. Adequate training, personal protective equipment, medical precautions, and records shall be available to all employees. A. Training and Education The Police Department shall require employee training regarding HIV and HAV / HBV facts as they relate to the working. No employee should be allowed to perform his or her duties before having received such training. The Police Department should work with the City Personnel Division, and other sources, to provide the needed training. The training program should ensure that all employees. o D —n 1. Understand the modes of transmission of HBV and HIV. 0 =a C-) 0, i 2. Can recognize incidents when universal precaution O oul� be utilized. 3. Know the types of protective equipment appropriate for u§im in specific instances. 4. Know and understand the limitations of protective clothing and equipment. 5. Are familiar with appropriate actions to take and persons to inform if exposure occurs. 6. Are familiar with and understand all requirements for work practices and department general orders. 7. Know where protective equipment is kept, its proper use, and how to remove, handle, decontaminate, and dispose of contaminated clothing and equipment. 8. Know the corrective actions to be taken in the event of spills or personal exposure to body fluids, the appropriate reporting procedures, and the medical monitoring recommended. Following the initial HAV / HBV and HIV training, employees should receive refresher training at least annually thereafter. C. IC ADM -05.12 Personal Protective Equipment The Police Department shall provide all employees access to personal protective equipment as may be necessary for protection from exposure to body fluids. The equipment shall be provided in sufficient quantity so as to be available to all employees without having to share while working a single incident. The department shall pay all costs incurred for the acquisition, cleaning, maintenance, disposal, and replacement of all equipment. Post Exposure Evaluation and Follow -up Procedures In addition to any health -care or regulations, or worker agreements, without charge to an employee: monitoring required by other rules, the Police Department shall offer, 1. Voluntary HAV / HBV immunization. An employee who has received initial immunization shall be offered booster doses as may be required /recommended by proper medical authorities. 2. Monitoring, at the request of the employee, for HAV / HBV and HIV antibodies following known or suspected exposure to blood or body fluids. The evaluation results shall be confidential. It is recommended that monitoring be conducted following a known or suspected exposure. Monitoring is particularly important if the exposure was to a person of unknown identity. Monitoring procedures shall be in accordance with the recommo datio of qualified medical personnel. s 00 > �.� -n 3. Counseling for an employee found, as a result of monttorfng, to bed. seropositive for HAV / HBV or HIV. n C' iii Recordkeeping - 0 The Police Department shall be responsible for the maintenance of inbment and personnel reports pertaining to exposure, suspected exposure, training, and all other incidents dealing with HBV and HIV that are a concern to the Division. Records should include: 1. Training records, indicating the dates of training sessions, the content of training sessions along with the names of all persons conducting the training, and the names of all persons receiving training. 2. The conditions observed during routine, day -to -day operations for compliance with work practices and use of protective equipment. If non - compliance is noted, the conditions should be documented along with corrective actions taken. ADM -05.13 3. The conditions associated with each incident of exposure to body fluids, an evaluation of the conditions, and a description of any corrective measures taken to prevent a recurrence or other similar exposure. Records pertaining to HAV / HBV vaccinations and post- exposure follow -up shall be retained for 30 years after termination of employment with the department. Sam el Hargadin CHIEF OF POLICE O 00 < M O� -a 0 T. -- D .fi OPS -09.1 PRISONER TRANSPORT Date of Issue General Order Number March 17, 1999 199-03 Effective Date Section Code April 7, 2008 1 OPS -09 Reevaluation Date Amends / Cancels March 2009 1 All Orders In Conflict C.A.L.E.A. Chapter 70 !_5 INDEX AS: Use of force - co Prisoner Transport Handcuffing y I. PURPOSE The purpose of this policy is to provide guidelines for transporting persons in the custody of officers of the Iowa City Police Department between points of arrest and initial booking. II. POLICY Transporting Prisoners is a potentially dangerous function. Therefore, it is the policy of the Iowa City Police Department to take the precautions necessary while transporting prisoners to protect the lives and safety of officers, the public and the person in custody. OPS -09.2 III. PROCEDURES A. Vehicle Inspection At the beginning and end of each tour of duty, all vehicles regularly used for prisoner transport shall be inspected for readiness as follows. a. The safety screen shall be securely in place and undamaged. b. All windows shall be intact, and outer door latches in proper working order. c. Rear -seat door handles and window controls shall be deactivated. d. The interior shall be thoroughly searched to ensure that no weapons or contraband have been left behind or hidden within the vehicle. 2. Prior to placing a prisoner in a vehicle for transport, the transporting., officer shall inspect the interior for weapons or contraband ahe vehicle shall be searched again after the prisoner has beer,,d - rT}ver ,d to the detention facility or other destination. CD B. Handcuffing/ Use of Restraints 1. Officers should handcuff (double - locked) all prisoners with -their hds behind their back and palms facing outward. 2. The officer may handcuff the prisoner with his /her hands in front, or use other appropriate and approved restraining device(s) where the prisoner a. is in an obvious state of pregnancy, b. has a physical handicap, or c. has injuries that could be aggravated by standard handcuffing procedures. 3. Known juveniles will be handcuffed only when reasonably necessary to ensure the safety of the officers, juvenile or others. 4. Prisoners shall not be handcuffed to any part of the vehicle during transport. 5. Additional approved restraint devices may be used to secure a prisoner who violently resists arrest or who exhibits behavior such that he /she poses a threat to himself, the officer, to the public, or to prevent escape. 6. Officers are prohibited from transporting prisoners who are restrained in a prone position. The technique of "hog tying" shall not be used by members of this department. OPS -09.3 C. Transport 1. Prior to transport, all prisoners shall be thoroughly searched for any weapons or contraband. 2. Prisoners should not be handcuffed together. 3. When possible, females should be transported separately from males. 4. Juveniles shall not be transported in the same area of a vehicle with adult prisoners. 5. Special precautions should be employed when transporting high -risk prisoners. In particular: a. combatants should be transported separately b. members of rival gangs should be transported separately 6. Prior to initiating transport, the officer should provide comrV,4nicatioAs with the following information. a. arrest location and destination -- b. mileage reading before and after the transport of juvenii4s`or i member of the opposite sex. c. number of persons being transported d. nature of the charge(s) 7. The officer should assist the prisoner(s) into the squad car, taking care to avoid the prisoner(s) striking their head on the vehicle. Prisoners should be instructed not to lean back on their wrists. 8. Prisoners should be transported in a manner that allows for constant visual observation. Officers operating vehicles equipped with video should consider activating the camera to document the prisoner during transport. Seating of officers and prisoners should, when possible, conform with the following: a. Where the vehicle has a security screen but one transporting officer, the prisoner should be placed in the back seat on the right hand side of the vehicle. When the vehicle is not equipped with a screen and has only one transporting officer, the prisoner shall be placed in the right front seat and secured with a seatbelt. b. When a prisoner is being transported in a two- officer vehicle without a security screen, the prisoner shall be placed in the right rear seat. The second officer shall sit in the left rear seat. c. Leg restraints should be used when a prisoner exhibits or an officer reasonably believes the prisoner is likely to engage in violent behavior or is an escape risk. d. A single transporting officer shall not transport more than one prisoner in a vehicle without a screen. e. Prisoners should be instructed that they are not to speak to OPS -09.4 each other, or have contact with outside parties during the transport process. f. Prisoners should be secured in a seatbelt during transport if the officer(s) feel they can safely do so. 9. The physical well -being of prisoners shall be monitored during transit. Particular attention shall be directed to persons reported or suspected of being under the influence of drugs and /or alcohol or who have a history or propensity for violence. a. Prisoners who report or display symptoms of serious physical illness or injury during transit shall be taken to an emergency room for treatment. b. Escorting officers shall remain with the patient at all times unless relieved by other authorized personnel. (this may include medical staff) c. Potentially violent persons in custody shall be restrained at all times in treatment facility unless such restraint would interfere with essential treatment. d. In the event a prisoner who has committed a serious offense is admitted to a hospital, long-term security may be appropriate. In such cases the supervisor of the arresting officer shall design a schedule that permits 24 -hour security of the prisoner. Adequate rotation of officers will be maintained. Visitors, including phone contact, not approved by the Police Department shall be prohibited. Officers shall avoid fraternization with the prisoner. e. When released from the hospital, the prisoner shall be transported to the appropriate holding facility. The transporting officer shall ensure that all hospital treatment instructions and medication directions are given to the holding facility staff. 10. Symptoms or reports of physical or mental illness (such as threats of suicide or psychotic behavior) shall be reported to the receiving officer. 11. Any wheelchairs, crutches, prosthetic devices, and medication should be transported with , but not necessarily in the possession of the prisoner. In instances where a person with a disability must be transported, and the disability prevents transport in a mark6d patrd car, a watch supervisor should be contacted for assistance,,' Alternate methods of transport may include but are not limited to the, use of an - unmarked unit, transport van, or requesting an arnbulancC to transport. 12. Prisoners should not be left unattended during transport.'.-. " 13. Officers shall not engage in unrelated enforcement activities while transporting prisoners unless failure to act would risk death or serious bodily injury to another. In non -life threatening yet serious OPS -09.5 situations, officers should call for back -up assistance and may remain on -hand until such assistance has arrived. 14. Any escape shall be immediately reported to the communications center with a complete description of the fugitive, mode and direction of travel, original charge and propensity for violence if known. The communications operator shall notify the watch supervisor. The officer shall complete a report detailing the escape. When a subject is not immediately captured, the watch supervisor should consider notifying outside agencies and request assistance. He /she may also consider the use of a canine unit in tracking the subject. If this is done, it shall comply with the general order pertaining to canines. 15. If a prisoner is an escape risk, the officer shall notify the receiving agency of this information. 16. When a prisoner is transported to the Iowa City Police Department for processing or questioning, the officer shall maintain control and shall ensure that visual contact is maintained with the subject at all times. In this case, the officer will decide if the handcuffs may be removed during the processing or interview process. 17. When officers are detained for a period of time waiting for jail entry authorization, they shall monitor the well being of their prisoners and ensure that restraints have not unduly tightened. Officers assigned to the prisoner holding van will check handcuffs of prisoners and make sure they are properly adjusted before they are placed in the vehicle. The officer will inform dispatch of the check and the prisoner's name. At regular intervals, the officer will verbally check with the prisoners to make sure no problems have developed. If a problem develops, with two officers present and at the officer's discretion, the prisoner may be removed from the vehicle and the handcuffs or othirr problem checked. All checks will be noted in the CAD log. 18. Upon arrival at the Johnson County jail, weapons shall be :secured_',i� the provided lockers. 19. Prisoners are in the custody of the Iowa City Police Department until they are received by Johnson County Jail personnel or released by the officer. 20. Persons who are transported for non- criminal procedures should be patted down and seated as indicated above. The officer will decide if the use of restraints is warranted. 21. Upon arrival at the receiving agency, the officer shall comply with the security requirements of the agency pertaining to weapons and prisoner restraints. Officers should advise the receiving officer of any medical conditions or special concerns regarding the prisoner as well OPS -09.6 as delivering all required paperwork and /or documentation regarding the subject. The receiving officer's name should be included on the appropriate form. Samuel Harga e, Chief of Police SER -06.1 EVIDENCE AND PROPERTY HANDLING PROCEDURES Date of Issue General Order Number November 14, 2000 100-10 Effective Date Section Code May 1, 2008 1 SER -06 Reevaluation Date I Amends / Cancels I January 2010 ^� 0 �a C.A.L.E.A. Reference .l 84.1.1,84.1.2,84. 1.3,84.1.4,84.1.5,84.1.6,84.1.7 INDEX AS: Search Vehicle Impounds Seizure I. PURPOSE The purpose of this order is to establish and explain procedures pertaining to evidence and property control. This will help ensure that evidence is maintained in such a fashion as to be of value in any legal proceedings and to aid in the return of property to its rightful owner. II. POLICY It is the policy of the Iowa City Police Department to maintain an inventory system for property taken into custody by its employees. The Department will comply with all applicable state and federal requirements for seized and forfeited property. SER -06.2 III. DEFINITIONS EVIDENCE_ Any property, regardless of its nature, that is taken by the department as part of an investigation and which may be used for the purposes of the investigation or in legal proceedings. FORFEITABLE PROPERTY. Any of the following: A. Property which is illegally possessed. B. Property which has been used or is intended to facilitate the commission of a criminal offense or to avoid detection or apprehension of a person committing a criminal offense. C. Property which is acquired as or from the proceeds of a criminal activity. D. Property offered or given to another as an inducement for the commission of a criminal offense. FOUND PROPERTY. Any property, regardless of its nature, that has been found by any person and is being held for safekeeping until the owner can be identified. RECOVERED PROPERTY.- Any property that has been identified as having been stolen (may also be classified as evidence). SEIZABLE PROPERTY. Any of the following: A. Property which is relevant in a criminal prosecution or investigation. B. Property defined by law to be forfeitable. C. Property which if not seized by the state, poses an imminent danger to a person's health, safety or welfare. O r Per Iowa Code Chapter 809 809.1 Definitions 1. "Seizable property" means any of the following: a. Property which is relevant in a criminal prosecution ors- investigation. a b. Property defined by law to be forfeitable property. c. Property which if not seized by the state poses an imminent danger to a person's health, safety, or welfare. 2. "Seized property" means property taken or held by any law enforcement agency without the consent of the person, if any, who had possession or a right to possession of the property at the time it was taken into custody. Seized property does not include property taken into custody solely for safekeeping purposes or property taken into custody with the consent of the owner or the person who had possession at the time of the taking. If consent to the taking of property was given by the person in possession of the property and later withdrawn or found to be insufficient, the property SER -06.3 shall then be returned or the property shall be deemed seized as of the time of the demand and refusal. 3. The definitions contained in subsections 1 and 2 shall not apply to violations of chapter 321. 809.2 Notice of seizure. The officer taking possession of seized property shall make a written inventory of the property and deliver a copy of the inventory to the person from whom it was seized. The inventory shall include the name of the person taking custody of the seized property, the date and time of the seizure, and the law enforcement agency seizing the property. SEIZED PROPERTY: Property taken or held by any law enforcement agency without the consent of the person who had possession or a right to possess the property at the time it was taken into custody. CHAIN OF EVIDENCE. The continuity of the custody of physical evidence, from the time of original collection to final disposition, that may be introduced in a judicial proceeding. IMPOUNDING OFFICER: The member of this agency who initially receives the property and initiates the chain of custody. PROPERTY CUSTODIAN: Agency member accountable for controlling and maintaining all property accepted by or stored in the Department's property room. PHYSICAL EVIDENCE: Any substance or material found or reI50vered4h connection with a criminal investigation.° _.a 71 PROPERTY ROOM: Facilities used by this department to stor d --- secure evidence or property. -� IV. PROCEDURES 0 Property held by the Iowa City Police Department will be regulated and controlled by an organized management system. The Department's property control function is under the direction of the Commander of Administrative Services. A Property Custodian manages the daily operations of the system. The Commander of Administrative Services is authorized to perform daily operation functions in the absence of the Property Custodian. All property under the control of the Iowa City Police Department will be handled in a manner consistent with the property control guidelines manual. SER -06.4 A. Intake of Recovered and Seized Property 1. Utilizing proper evidence gathering, packaging and labeling techniques, all items submitted as recovered or seized property will be documented on the "Property Control Inventory". Blood kits are the exception as they contain their own control inventory documentation. This documentation will be completed prior to the end of the submitting officer's watch. 2. The submission and documentation of seized or recovered property will be referred to in the incident report. 3. The submitted items will be accompanied by the original of the "Property Control Inventory" and secured in one of the following ways: a) turned directly over to the Property Custodian, b) placed in the evidence submission lockers, secured and the key deposited in the designated secured box, c) placed secured in the Records Sgt.'s office by a supervisor, or d) as directed by the Property Custodian or Commander of Administrative Services. e) in cases of c) or d), the original documentation will be left with the property and a copy will be directed towards the Property Custodian advising them of the recovery/seizure and location where it was stored. 4. At no time will property be left unsecured or stored in personal areas, nor will it be converted for personal use. 5. If evidence is collected which requires processing, the on'duty Watch Supervisor should assign an on -duty CST to process the evidence. Upon completion of processing, the CST shall submit the item and evidence to the property custodian in the prescribed manner. If there is no crime scene technician (CST) available or the procedure is one which requires techniques not available through the Iowa City Police Department, the evidence shall be submitted along with the evidence form to the property custodian, or deposited in a securable locker outside the property room. 6. If the evidence is to be sent to the Lab (for any reason), it will be the officer's responsibility to fill out the lab request sheet and submit it to the Property Custodian with the evidence. 7. All items taken due to search, arrest or for safekeeping are required to have receipts issued to the person it is taken from. This is most efficiently handled with the "Property Control Inventory" form. 8. No hazardous substance shall be brought into the police department. O 9. All drugs must be weighed on a designated scale and /oc me prior to securing them in the evidence locker. 10. Weapons shall be secured to the extent possible prior to-their — f submission to the Property Custodian. _{ ? s'- SER -06.5 11. Undeveloped film and digitally recorded images shall be submitted along with the corresponding CST sheet to the property custodian. 12. If a vehicle is impounded because it is evidentiary in nature, a property sheet shall be filled out in addition to the vehicle impound report. 13. If an item demands freezing or refrigeration, the item may be packaged and turned directly over to the Property Custodian. If it is not possible to directly turn the item over to the property custodian, it may be sealed (in such a manner so as to detect tampering) and placed into the police department evidence freezer /refrigerator. The on -duty supervisor shall be notified and notification passed on watch to watch until the property custodian takes possession. B. Intake of Found Property 1. All items (value over $5.00) found by or turned into Department personnel will be recorded on a "Property Control Inventory" Sheet. The receiving person shall complete a property sheet for unclaimed property prior to the end of their watch. There may be times that an incident report is required to document circumstances involving found property. 2. An attempt to contact the identifiable owner will be made and documented on the front of the property sheet or in the report. Property illegal to possess is excluded from this notification. 3. If no owner is identified, or the owner does not immediately respond, the item will be submitted to the Property Custodian under the following procedure: a) attach the inventory sheet & report; b) place in evidence locker; c) after hours, larger items may be placed in the Records Sgt's. office by a supervisor. d) Bicycles (see specific section) will be placed at the desinnated secure area 4. Keys are the exception to the above rules. Keys will be pfa 6d in the box located by the "Records" window. However, keysnrilhbe ; documented by entering them as a call for service with air *f — _P description. If they are claimed by an owner, a subsequent_d-all forr.O., -- service will be used to document the retrieval. 5. Items valued under $5, such as hats, gloves, coffee cups,3pd; obvious junk should not be received into the found property system. Misplaced /lost items of this type should go to the information desk or be discarded. No found or recovered items may be converted to personal use. 6. In the event the citizen who turns property over to the Police Department expresses an interest in claiming the property should no owner be found, the request will be noted and they will be referred to the Johnson County Attorney. The "receipt" copy of the SER -06.6 property control form should be given to them as their record. Rules for this type of claim are covered in Chapter 556F of the Code of Iowa. Bicycles Because of the large number of found and recovered bicycles which come in to the possession of the Iowa City Police Department, the following procedures shall be adhered to. 1. Upon receipt of a bicycle, the departmental member shall fill out an incident report in lieu of the departmental property form, paying particular attention to the bicycle section of the report. If a serial number or other designated information is not available, the person taking custody of the bicycle will note this in addition to leaving this section blank. In incidents where the bicycle was involved in a motor vehicle accident, an accident report may be substituted for an incident report. 2. The bicycle shall then be transported to the departments secured bike storage area. A tag shall then be attached to the bicycle with the case number, date and name or number of the impounding officer written on the tag. The number on the tag shall then be recorded on the incident or accident report. 3. In incidents where the bike is evidentiary in nature, the person taking custody shall note this on the incident/accident report and a property sheet filled out and submitted to the property custodian. A photocopy of the property sheet shall be submitted with the incicApt or accident report. A bicycle seized as evidence shall ndbe ta@ fin to the bike storage area. They will be handled and sto—s s -QY other piece of evidence. HAZARDOUS SUBSTANCES < r • �, A. Biological Hazards When collecting evidence which is biological in nature, officers shod remain mindful of the potential hazards which may be present. When dealing with this type of evidence officers shall follow the applicable precautions and /or procedures pertaining to blood borne pathogens. When submitting items, which may be contaminated with a biohazard, officers shall observe the following procedures. Property which posses a potential biohazard but is not evidentiary shall be disposed of in an approved manner, with documentation of the property and the manner in which it was disposed of. A property sheet shall be submitted to the property custodian along with an incident report regarding the circumstances under which the property was obtained and the manner in which the property was disposed of. 1. Materials which have been contaminated, should not be submitted or stored in plastic containers but packaged so as not to degrade or contaminate other items. SER -06.7 2. All items which may be contaminated shall clearly indicate such on their package. It should also be noted on the incident report. 3. When placed in temporary storage, the compartment containing the object should be clearly marked as containing a potential hazard. 4. Officers shall follow departmental decontamination procedures upon exposure to biohazards. 5. The property custodian will secure the contaminated object in such a manner as to maintain the evidentiary value of the item. 6. Officers unsure as to the procedure for handling the contaminated item shall contact a CST or the watch supervisor. 7. Perishable food items should be photographed and documented and returned to the owner or properly disposed of. B. Hazardous Materials Upon the collection of items that are hazardous in nature such as chemicals, flammable liquids or explosives, the items should be photographed and stored in designated areas or arrangements made for immediate transport to a designated lab. These items shall have a photocopy of the property sheet attached to them, with the originals being submitted to the property custodian along with a copy of the incident report indicating the type and amount (estimated if necessary) of the hazardous material along with its location. At no time shall these items be taken to the Police Department. Officers should limit the collection of these types of items to evidence or contraband. Before taking control of these types of items for other reasons, the watch supervisor should be contacted for guidance. 0 G n Fireworks shall be disposed of in accordance with dopimal guidelines. � C. Property Management Inspections =; Only the Commander of Administrative Services, P rope 49�ustoQn and the Commander of Field Operations will have access and cord bl of the secured property control areas. The Property Custodian will have primary responsibilities for the day -to -day operations of the property areas. On an annual basis the Property Custodian will submit to the Commander of Administrative Services a report listing all of the property under the control of the Iowa City Police Department. The report shall include the date of intake. At least bi- annually the Commander of Administrative Services or designee shall conduct an inspection to confirm adherence to procedures used for property control. This inspection will, further i.i SER -06.8 ensure that the property areas are being maintained in a clean and orderly fashion, that property is being protected from damage or deterioration, and that proper accountability procedures are being maintained. This inspection shall also consist of verifying the property of at least five (5) separate incidents and accompanying documentation. The Chief of Police or designee will conduct unannounced inspections of the property storage areas at least once a year. These inspections will be done by persons not directly responsible for property control functions. These inspections will consist of the checking of the actual property of at least ten (10) separate selected incidents and all accompanying documentation. The Lieutenant of Criminal Investigations will conduct an annual inventory of property held by the Iowa City Police Department. This inventory is to ensure the integrity of the system and does not require an accounting for each item of property. This inspection will at a minimum, consist of verifying the actual property of a significant representative sampling (10% is recommended) of separately selected incidents and all accompanying documentation. This inspection should also ensure that the integrity of the property area is being maintained pertaining to security and the condition of the property being held by the department. This inventory shall include a list of all property which is under the control of the Iowa City Police Department, all of the items which have come under the control of the Iowa City Police Department within the past year and all of the items that had been released or disposed of by the Iowa City Police Department along with the method of their disposal. In the event that a piece of property cannot be accounted for, the Property Custodian shall notify the Commander of Field Operations, who shall assign a Lieutenant to work with the Property Custodian to clarify the status of the property. If the status can not be resolved, the Commander of Field Operations shall initiate an internal investigation relating to the property in question. The results of this investigation shall be forwarded to the Chief of Police and the COnSiandeC:Df Administrative Services. Upon completion of the invest@ai�n,ie status of the property shall be entered in the case file. - Upon the appointment of a new property custodian, an inved4 y of 4he r. property in control of the Iowa City Police Departmeh_t5 shall -be conducted to ensure the integrity of the property and that rords are complete. The inventory shall be conducted by the outgoi g property custodian, the newly appointed property custodian and a supervisor designated by the Chief of Police or his /her designee. All high -risk SER -06.9 items such as money, precious metals, jewelry, firearms, and drugs and a sufficient number of other records will be reviewed to ensure the integrity of the system. Any discrepancies should be recorded prior to the newly appointed property custodian assuming responsibility. Discrepancies shall be handled in the manner mentioned above. A written report documenting the change of custodian inventory shall include a listing of all property in control of the Iowa City Police Department upon the departure of the outgoing property custodian. All property control inspection reports shall be submitted to the Chief of Police with copies going to the Commander of Administrative Services, Commander of Field Operations, Lieutenant of Investigations, and officer in charge of accreditation. Submission of Evidence to Labs When possible, evidence should be submitted to the appropriate laboratory within five working days of collection. Officers who have evidence needing to be sent to an outside agency shall complete the required property sheet making sure the chain of custody section has been filled out. The officer shall also fill out a DCI lab request form, indicating the test desired. The property custodian shall package the evidence for shipment to outside labs and fill out the chain of custody information on the property sheet. The property custodian shall maintain the records pertaining to the shipment, receipt, and return of evidence to the Iowa City Police Department. Blood kits shall be sealed per the instructions and submitted to the property custodian along with the evidence sheet. The property custodian will package the kit for submittal, following the above mentioned procedures. The results of the test shall be returned to the Property Custodian, with the original being submitted to records and copies going to the- originc- g officer. C Transfer of Evidence Whenever evidence is transferred from the property -the the following procedures shall be adhered to: 1. In instances where the evidence needs to be remove "t rr"he property room, the property custodian shall documentoe ch9pge of custody on the chain of custody section of the property f6frn. The receiving person shall sign upon receipt of the evidence and note the date and time of the change of custody along with the reason for the transfer of the property. 2. The member receiving the evidence assumes control and responsibility for ensuring its security, storage and maintenance. 3. Upon return of the evidence, the returning party shall fill out the chain of custody section and the property custodian will sign upon SER -06.10 receiving and confirming the evidence being returned. The date and time will be included on the change of custody section. 4. When property is needed for legal proceedings, the person receiving the notice of the request should notify the property custodian of the date on which the property will be needed. In any event, the property custodian should be notified no less than 2 days prior to the date on which the property will be needed. 5. When evidence is removed from the property room for processing by the Iowa City Police Department, the aforementioned procedures shall be adhered to. 6. When evidence is transported or shipped to an outside agency for testing, the property custodian will document the change of custody, including the destination, date of shipment, manner of shipment, return of service for the shipment and return of the evidence being processed. D. Disposition of Property (Iowa Code Chapters 80.39, 809.5) The Iowa City Police Department will attempt to return property to its rightful owner. In the case of found or recovered property, the property custodian will take the statutory steps to contact rightful owners. When an item is claimed, the receiving party shall sign a receipt acknowledging the receipt of the property. When unable to contact the person(s) who may legally claim the property, the property custodian shall take appropriate steps to locate and notify a legal claimant. In instances where the rightful owner does not respond within the prescribed time, the property will be sold at public auction or otherwise disposed of as allowed by law. In instances where contraband has been seized and is not required for evidence and is not subject to return to the party from whom the property was seized, the initiating officer may dispose of the property after providing a receipt to the person in possession of the property. Unless disposed of by the officer, the officer shall submit the property to the property custodian, with a follow up sheet attached, requesting the property custodian dispose of the property. In instances where the property has been seized and destroyed, the incident report shall be completed by the disposing officer and state the circumstar�„ces surrounding the incident and the manner in which the pMperty t-&s disposed. The exceptions to this paragraph are drugs, n�-- ctics and �y fireworks. — `} Drugs and narcotics, whether seized as contraband or 60' 0ken-,,?s evidence, shall be disposed of in the manner approved by thq*tohn-son . County Attorney. Officers shall turn all confiscated drugs 6i harc6#ibs over to the property custodian regardless of whether the subject fm whom they were seized is charged or not. Drugs, narcotics and SER -06.11 fireworks shall not be disposed of in any manner other than that prescribed by the Iowa City Police Department. Evidence shall be disposed of upon notification from the clerk of court that the case has been resolved, and the appeal process has expired or been exhausted. The property should be returned to the rightful owner within 180 days. If the rightful owner is unknown, or fails to recover the property within 90 days after notice, the property custodian shall dispose of the property consistent with departmental guidelines. /? — 117 % Samuel E. Hargadin "hief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of a higher legal standard of safety or care in an evidentiary sense with respect to third -party claims. Violations of this directive will only form the basis for departmental administrative sanctions. C°=a Flo {n ADM -08.1 POLICE MEDIA RELATIONS / PUBLIC INFORMATION Date of Issue General Order Number NOVEMBER 20, 2001 01 -07 Effective Date Section Code April 29, 2008 ADM -08 Reevaluation Date Amends / Cancels -' March 2010 =- C.A.L.E.A. Reference 54.1.1, 51.1.2 — y - INDEX AS: I. PURPOSE It is the purpose of this policy to establish guidelines for release and dissemination of public information to print and broadcast media. II. POLICY It is the policy of the Iowa City Police Department to cooperate fully and impartially with authorized news media representatives in their efforts to gather factual, public information pertaining to activities of the department, as long as such information gathering does not unduly interfere with departmental operations, ongoing investigations, infringe upon individual rights or violate the law. ADM -08.2 III. DEFINITIONS Public Information: Information that may be of interest to the general public regarding policy, procedures or events involving the department or other newsworthy information that is not legally protected, does not unduly interfere with the mission of the department, ongoing investigations, infringe upon the rights of an individual or compromise the legitimate safety and /or privacy interests of officers, victims, witnesses or others. News Media Representatives: Those individuals who are directly employed by agencies of the electronic or print media such as radio, television and newspapers. Freelance workers in this field are to be regarded as other members of the general public unless otherwise designated by the Chief of Police or his /her designee. Public Information Officer (PIO): The department's PIO serves as a central source of information for release by the department and responds to requests.for information by the news media and the community. IV. PROCEDURES A. Duties of the Public Information Officer The department's PIO is available to: - i) Be present at the scene of major incidents; (1) at the scene of major incidents the officer in urge ivay designate an area for media to respond and a response roUte. The PIO will respond to this area and provide information and updates to the media as available. ii) assist the news media; iii) prepare and distribute media releases; (1) when the PIO is unavailable, media releases will by provided by the on -duty watch commander or supervisor of the unit in charge of the incident. All media releases will identify the person issuing the release. iv) arrange for, and assist at, news conferences; v) coordinate and authorize the release of information about victims, witnesses and suspects; vi) assist in crisis situations within the agency and coordinate the release of authorized information concerning confidential agency investigations and operations. vii) The Public Information Officer will provide a single authoritative source for media contacts between 07:00 and 15:00 Monday through Friday. (1) When the PIO is not on -duty, the Watch Commander will handle media requests. In the event of an incident generating significant numbers of media inquiries, the Watch Commander will determine the need for the PIO to respond. (2) Questions regarding an investigation being handled by the investigative section will be handled by the Investigative Supervisor in the absence of the PIO. In instances where the /_l7►'tQY? Investigative Supervisor is unavailable, the request will be handled by the on -duty watch supervisor. (3) In the event of a prolonged SRT deployment, the, SRT commander may request that the PIO respond to a designated location or he /she will designate a person to set -as liaison with the media. The SRT commander may also _designate routes by which members of the media should 4proach the area. b) Cooperation with the Media i) Authorized news media representatives shall have reasonWe access to the PIO, the Chief of Police or his /her designee and Command Stpff of the department as governed by this policy. When information is denied to a media representative, the basis for that denial shall be fully and courteously explained. ii) This department recognizes authorized identification from all local, national and international news organizations. Failure of media personnel to present authorized identification may provide grounds for restricting access to non - public information or to incident scenes. iii) Public information shall be released to the news media and public as promptly as circumstances allow, in as objective a manner as possible. iv) Public information may be provided to news media representatives and the public by telephone. v) Ranking officers at crime or incident scenes may release information of a factual nature to the media as governed by this policy or refer the inquiry to the PIO. Where the officer is unsure of the facts or the propriety of releasing information, he /she shall refer the inquiry to the watch commander or PIO. vi) When an operation involves multiple agencies the agency with primary jurisdiction will make determinations regarding appropriate media releases. The Iowa City Police Department will provide information consistent with this policy when it is the agency with primary jurisdiction. The information should include the identification of assisting agencies. vii) The Emergency Communication Operator shall inform the watch commander as soon as possible upon receipt of information about events or activities that may be of media interest. viii)The Watch Commander shall be responsible for ensuring that the agency's PIO, Commander of Field Operations and Chief of Police are informed of events that may be of media interest. ix) Members of the Iowa City Police Department will be consistent in releasing information to the media for public dissemination. A decision to not release normally provided information shall not be solely based on the personal prominence of those involved. Conversely, information that is not routinely distributed shall not be put forth solely as a result of the personal prominence of an involved party. c) Non - investigative contact with the media is allowed and encouraged. Officers may provide information of a general nature which is not specific to an on- going investigation. ADM -08.4 d) Investigative Information From the initial stage of a criminal investigation until the completion of trial or disposition without trial, police personnel should refer requests for information to the Public Information Officer or his /her designee. Upon receipt of the request for information the following guidelines shall be adhered to: Information that may be released in connection with an investigation of an event or crime includes but is not limited to; (1) the type or nature of an event or crime; (2) the location, date and time, injuries sustained, dam6ies, and a general description of how the incident occurred; (3) type and quantity of property taken; (4) information about the victim of a crime; (5) requests for aid in locating evidence, a complainant o_r_a_ suspect; _ (6) numbers of officers or people involved in an event or,,,-" investigation, and the length of the investigation; and (7) name of the officer in charge of a case, his supervisor and assignment. (exception: the name of any undercover officer will not be released). (8) In instances where the disclosure of the above information may jeopardize an investigation, pose a danger to any person, or is reasonably likely to result in further victimization, the information will not be released ii) Information that may not be released in connection with an INVESTIGATION of an event or crime, unless authorized by the Chief of Police or his /her designee includes but is not limited to; (1) the identity of a suspect prior to arrest unless such information would aid in apprehending the suspect or serve to warn the public of potential danger; (2) the identity of any victim of a crime or any related information which, if divulged, could lead to the identification of victims or witnesses, if such disclosure would jeopardize an investigation to any significant degree, or if it would place any person in personal danger; (3) the identity of any critically injured or deceased person prior to notification of the next of kin; if a next of kin is not reasonably able to be located, the supervisor of the section conducting the investigation shall determine the method of release of this information; (4) the results of any investigative procedure such as lineups, polygraph tests, fingerprint comparison, ballistics test or other procedures (the fact that these tests have been performed may be revealed without further comment); (5) information which, if prematurely released may jeopardize the investigation or interfere with apprehension such as; the nature of leads, specifics of an WO ", details of the crime known only to ADM -08.5 the perpetrator and the police, or information that may cause the suspect to flee or more effectively avoid apprehension; (6) information that may be of evidentiary value in criminal proceedings; (7) specific cause of death unless officially determined by the medical examiner; and (8) the home address or telephone number of any member of the department. iii) Arrest Information (1) Following arrest, issuance of an arrest warrant or filing of ar' information or indictment, it is permissible to release -_ (a) the accused's name, age, residence, occupation and- family status; - -- (b) the time and place of arrest, whether pursuit or' resistance was encountered, whether weapons, were used, charges placed against the suspect anct =_ description of contraband seized; > (c) the identity of the arresting officers and the duration of the investigation unless the officers are engaged in undercover operations; and (d) the amount of bond, scheduled court dates and place of the suspect's detention. (2) Following arrest and formal charging of a suspect, but prior to adjudication, the following types of information should not be released without the express permission of the Chief of Police or his /her designee. (a) Character or reputation of a defendant (b) Existence or contents of any confession, admission or statement of a defendant, or his /her failure or unwillingness to make a statement (this does not preclude the release of information that is in the public domain) (c) Performance or results of any tests, or a defendants refusal or failure to submit to tests. (Le. polygraph or voice stress analyzer) (d) Identity, statement or expected testimony of any witness (e) Any opinion about the guilt or innocence of a defendant or the merits of the case (f) Any opinion or knowledge of potential for a plea bargain or other pretrial action. e) Special Considerations - Criminal Matters i) Whether a crime scene or scene of another nature, police have an obligation to preserve the integrity of a scene to gather evidence and for other needed police activities. Therefore, police personnel will delineate the specific scene area and prevent all persons from entering that area for such length of time as there is a need to do so. It may be necessary for scene preservation purposes, and to control ADM -08.6 general access to the area, to exclude the general public from not only the scene itself, but from a reasonable area around the scene. However, officers must recognize the need for news media representatives to fulfill their obligation to view the immediate scene area for news gathering or photographing purposes. The media representatives will be accommodated, so far as conditions and circumstances permit, to go as near as practicable to the scene itself . News representatives are not to be considered the same as the general public in the area of a scene but rather as persons to be accommodated so that they may fulfill their task. ii) The news media shall not be allowed access to any area or scene of an incident or crime where there is possibility that evidence may be damaged, altered, destroyed or otherwise prejudiced by its existence being published or portrayed. Once evidence has been processed, removed or otherwise secured by the department, the media may be allowed to enter by permission of the commanding officer at the scene. (1) If a police related incident is within a private building, police personnel will secure and protect that part of the building as may be necessary to protect the scene. Under such circumstances all persons may be excluded from the scene until processing is accomplished. If a request is made by a news media representative to enter a building or part thereof, and such entry is not precluded because of police related purposes, the news representative must obtain permission from the owner or other person in charge of the building or dwelling; if permission is not given and so stated in the presence of police personnel, officers have an obligation to ensure that the denial is honored. (2) Suspects or accused persons in custody shall not 6 posed or arrangements made for photographs, telecasts orinterviews, - nor shall departmental personnel pose with suspects or accused persons in custody (3) When an individual is charged with a criminal offense and /or is sought by law enforcement authorities, photograo'. or mug shots may be released to the media to help Aocate _,the individual. No departmental photographs, mug st ois, videotape, film or composites of subjects in custody shall otherwise be released to the media unless authorized by the Chief of Police or his /her designee. iii) Departmental personnel shall extend every reasonable courtesy to news media representatives at crime or incident scenes. Members of the Iowa City Police Department shall not engage in 'off the record" comments. iv) At the scene of major crimes or incidents, such as hostage and barricade situations, the officer in charge shall designate a preliminary press area as early as reasonably possible and as close to the scene as safety and operational requirements allow. ADM -08.7 v) The fact that a suspected suicide has occurred may be reported to the media, along with factual information describing how it happened. The name, age, address, sex and occupation of the victim may also be released following notification of next of kin. The fact that a suicide note exists may also be acknowledged without further comment. The content of such notes is personal and confidential and shall not be released by the Iowa City Police Department. f) Special Considerations - Non - criminal Matters i) At the scene of significant accidents, man -made or natural catastrophes, the principles of media cooperation shall be maintained to the degree that they do not interfere with the mission of the police, fire, medical or other emergency relief workers. g) At fire related incidents, the decision to allow properly identified news media representatives to pass beyond fire lines or to restrict them from a fire area, will be the responsibility of the on -scene fire commander. h) Sensitive information relating to internal investigation of police officers shall not be released without the express permission of the Chief of Police or his /her designee. i) Daily activity reports will be made available on a routine basis to media representatives. Statistical data may also be made available to the media. Media representatives are expected to abide the Code of Ethics published by the Society of Professional Journalists. In the event of a conflict between a member of the Iowa City Police Department and the media, the parties involved are encouraged to bring the concern to the PIO or his /her designee for resolution. a) If a media representative wishes to speak with an individual officer the request should be routed through the PIO or when unavailable the watch supervisor. The watch supervisor will make the determination as to the availability of the officer; however, to the extent possible these requests should be made in advance. Officers are expected to cooperate with media representatives to the extent of this policy. b) All media questions relating to the policies of the Iowa City Police Department should be directed to the Chief of Police or his /her designee. --If questions arise when the Chief or his /her designee is not available, notification of the request shall be forwarded by the watch supervisor. t Samuel Hargadin , hief o PoVQe IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT January 2008 ?; r'„ iR t 2 `' Ofc # Date Inc # Incident Force Used 2008 - 20 01 -05 00683 Armed robbery Officer used hands -on control techniques & an empty- handed strike to arrest & disarm a suspect Fight reaching for a knife. 25 01 -08 01380 Intoxicated Officer displayed sidearm while arresting an to arrest a fleeing, combative person. subject assault suspect reportedly armed with a brick. 25 01 -09 01559 Car v. deer Officer used sidearm to destroy an injured deer. collision 44/45/ 01 -10 01730 Trespass Officers were dealing with a suicidal subject 52 armed with a knife. One officer displayed a sidearm, another agency's officer responded & arrest an intoxicated, non - compliant subject. used a Taser, thereby allowing officers to use Animal hands -on control techniques to secure the subject. 85/95/ 01 -12 01990 Burglary Officers were dealing with a barricaded, suicidal, 81/05/ & wanted subject. Patrol officers were 08/16/ supplemented with tactical team members. 18/29/ Perimeter officers & arrest teams displayed 34/46/ sidearms, a shotgun, & patrol rifles. 51 Additionally, each arrest team had an officer from another agency armed with a Taser (less - lethal option). Negotiators persuaded the suspect to surrender himself. 20 01 -18 03101 Burglary Officer used hands -on control techniques to apprehend & arrest a fleeing, resistive suspect. 29 01 -19 03314 Fight Officer used hands -on control techniques to arrest a combative person. 11 01 -25 04320 Out with Officer used hands -on control techniques to subject arrest a resistive subject. (urination) 84 01 -25 04324 Fight Officer used hands -on control techniques & OC to arrest a fleeing, combative person. 05/08 01 -26 04563 Noise complaint Officers used hands -on control techniques to arrest & transport a resistive subject. 58 01 -27 04774 Fight Officer used hands -on control techniques to arrest an intoxicated, non - compliant subject. 45 01 -27 04865 Animal Officer used sidearm to dispatch a sick raccoon. complaint IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT February 2008 Ofc # Date Inc # Incident Ford Used' ,, 2008- 32/50 02 -01 11335 Fight Officers used hands -on control techniques & OC to apprehend & arrest a fleeing, combative person. 51 - -- - -- - -- Officer used hands -on control techniques to control an intoxicated combatant's aggressive behavior at UIHC. 22 02 -01 05900 ATL: hit & run, Officer used hands -on control techniques to OWI control an aggressive prisoner. 33 02 -08 07224 ATL: assault Officer displayed patrol rifle while attempting to locate a suspect that had nearly driven over a plain - clothed officer. The suspect was known to have anti- government beliefs & had a large, unchained Rottweiler outside his residence. 16 02 -13 08231 Armed subject Following a foot pursuit, officer displayed sidearm while arresting a subject reportedly armed with a knife. 11/32/ 02 -17 01730 Traffic stop As an officer approached a vehicle that had 55 attempted to evade being stopped, the vehicle sped off, striking an ambulance in the process. Pursuing officers saw the driver apparently reaching under the seat. An officer deployed Stop Sticks (tire deflation device). Officers used hands -on techniques to apprehend & arrest the combative driver when he fled on foot. 38 02 -18 09187 Medical assist Officer used hands -on control techniques to restrain a combative subject so that EMS personnel could assess her medical needs. 20/59 02 -21 10033 Warrant service Officers used hands -on control techniques to apprehend & arrest a fleeing, resistive suspect. 09 02 -23 10291 Fight Officer used hands -on control techniques & OC to stop an assault & arrest the combatants. 88/45/ 02 -25 10853 Suicidal subject Officers displayed sidearms while interacting 48/57 with a suicidal subject that had threatened to shoot himself. 08 02 -28 11335 Bar check While officer was issuing a PAULA charge, he (robbery) was assaulted by two persons & his ticket book taken. Officer used hands -on control techniques to apprehend & arrest one of the fleeing, combative suspects. MEMORANDUM TO: File FROM: Captain Johnson, Field Operations RE: Quartedy/Summary Report (15t qui er)- IAIR/PCRB, 2008 DATE: April 7, 2008 Attached you will find the 2008 Quarterly Report, (1 st Quarter) , for the Iowa City Police Department Internal Affairs/Police Citizen's Review Board investigative file. cc: PCRB Chief Hargadine 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: 1) Improper Conduct Disposition: 1) Not sustained I.A.I. #:08 -01 PCRB M 08 -01 Incident Date: 11-26-07 Incident Time: 1:20PM Location: 200 Iowa Avenue Date Assigned: 3 -5 -08 Allegation: 1) Unlawful arrest 2) Improper use of force 3) Improper conduct Disposition: Pending I.A.I. #:08 -02 PCRB M 08 -02 Incident Date:01- 14,15 -08 Incident Time: 4:35PM Location: 2100 Davis Date Assigned: 3 -5 -08 Allegation: 1) Harassment Disposition: 1 Pending I.A.I. #:08 -03 PCRB M 08 -03 Incident Date:02 -25 -08 Incident Time: unk. Location: 2100 Davis Date Assigned: 3 -5 -08 Allegation: 1) Harassment Disposition: 1) Pending I.A.I. #:08 -04 PCRB M none Incident Date:03 -02 -08 Incident Time:1:45PM Location: 500 Wk. East Jefferson Date Assigned: 3 -11 -08 Allegation: 1) Improper action 2) Violate rules /regulations _ Disposition: CO Pending " "� "__. I.A.I. #:08 -05 PCRB M none Incident Date: 3 -4 -08 Incident Time: Location: ICPD Date Assigned: 3 -11 -08 Allegation: 1) Violate rules /regulations Disposition: 1) Sustained � �` ✓p�� "� °IT�f�li DEPARTMENT MEMO 08 1, �VRJp'_ TO: FROM REF: DATE; Chief Hargadine Captain T.D.Widmer January - February Use of Force Report Review April 24, 2008 The "Use of Force Review Committee" met on April 24, 2008. It was composed of Captain Widmer, Sgt. Lord and Sgt. Kelsay. The review of submitted reports for January (12 incidents -15 reports) and February (10 incidents -15 reports) revealed no training, policy or safety issues. Of the 22 incidents, 3 were for a drawn sidearm (building search or felony stop), 2 were for destroying an injured animal and 2 involved a Taser deployment by another agency in assisting the Iowa City Police Department.. Supervisors continue doing a good job in their review and documentation of the level of force. Please contact me if you have any questions. Copy: City Manager, PCRB, Watch Commanders, Review Committee r.a _i co "5_ CD N t;;Ca May 13, 2008 Mtg Packet PCRB COMPLAINT DEADLINES 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: 02/26/08 Chief's Report due (90days): 05/26/08 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 -03 Filed: 02/29/08 Chief's Report due (90days): 05/29/08 Chief's Report filed: 03/19/08 PCRB Mtg #1 (Review) 04/09/08 PCRB Mtg #2 (Review & Assign) 05/13/08 PCRB Mtg #3 (Review Draft Report) 06/10/08 PCRB Report due (45days): 05/05/08 60 -day Extension: 07/07/08 May 13, 2008 Mtg Packet PCRB Complaint #08 -04 Filed: 05/01/08 Chief's Report due (90days): 07/30/08 Chief's Report filed: PCRB Mtg #1 (Review & Assign) ? ?/ ? ?/08 PCRB Mtg #2 (Review Draft Report) ? ?/ ? ?/08 ------------------------------------------------------------------------------------ PCRB Report due (45days): ? ?/ ? ?/08 PCRB MEETING SCHEDULE May 13, 2008 June 10, 2008 July 8, 2008 August 12, 2008 POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS April 2008 Date Description 4 -15 Mailed complaint form. POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240 -1826 (319) 356 -5041 April 8, 2008 _ ._0 To: City Council Complainant Dale Helling, Interim City Manager {_ . o Sam Hargadine, Chief of Police _ F7 Z— Officer(s) involved in complaint -' .'`. CD n 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 -7B (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 Chief s Report was due on March 3, 2008, and was filed 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 -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 presented in the Chiefs Report to conclude that the adult male had residence status at the apartment, and therefore had legal right to give officers permission to search. .._3 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. ` !I 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"T i Workforce Development. 7-� = �_ 5. Post Office reports that adult male gets mail at the address of the residency' `• 6. adult male's clothing was found in the residence. 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. 3 €.._ 7 Ca 3 POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240 -1826 (319)356 -5041 April 9, 2008 Mayor Regenia Bailey 410 E. Washington Street Iowa City, IA 52240 Dear Mayor and Council Members: At the April 8, 2008 meeting, the PCRB voted in open session to request a 60 -day extension regarding the reporting deadline for the Public Report according to the City Code for PCRB Complaint #08 -03 for the following reasons: • Due to timelines, scheduling and absence of legal counsel. • Public Report presently due May 5, 2008 60 -day Extension request — Report would be due on July 7, 2008 The Board appreciates your prompt consideration of this matter. Sincerely, Elizabeth Engel, Vice -Chair Police Citizens Review Board cc: City Attorney 0 -/ 5 113 J Please join us in welcoming new City Manager Michael Lombardo to Iowa City Thursday, .Tune 5th 4:00 p.m. -6:30 p.m. City Hall 410 E. Washington St.