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Home My WebLink About06-10-2008 Police Citizens Review BoardAGENDA POLICE CITIZENS REVIEW BOARD June 10, 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 05/13/08 • ICPD General Order 00 -03 (Less Lethal Impact Munitions) 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) • July 8, 2008, 5:30 P.M., Lobby Conference Room • August 12, 2008, 5:30 P.M., Lobby Conference Room • September 9, 2008, 5:30 P.M., Lobby Conference Room • October 14, 2008, 5:30 P.M., Lobby Conference Room ITEM NO. 10 ADJOURNMENT MEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City DATE: June 4, 2008 TO: PCRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on June 10, 2008 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 06 /10/08 • Minutes of the meeting on 05/13/08 • ICPD General Order 00 -03 (Less Lethal Impact Munitions) • PCRB Complaint Deadlines • PCRB Office Contacts — May 2008 • Draft Public Forum Information Other resources available: National Association for Civilian Oversight of Law Enforcement NACOLE provides information regarding civilian oversight in law enforcement nation wide. For more information see: www.NACOLE.org DRAFT POLICE CITIZENS REVIEW BOARD MINUTES — May 13, 2008 CALL TO ORDER: Michael Larson called the meeting to order at 5:30 p.m. MEMBERS PRESENT: Elizabeth Engel, Loren Horton, Donald King, and Greg Roth MEMBERS ABSENT: None STAFF PRESENT: Legal Counsel Catherine Pugh (5:31 p.m.) and Staff Kellie Tuttle STAFF ABSENT: None OTHERS PRESENT: Captain Tom Widmer of the ICPD; and public, Dean Abel RECOMMENDATIONS TO COUNCIL None. CONSENT CALENDAR Motion by Horton and seconded by King to adopt the 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 (15` 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 Motion carried, 5/0. OLD BUSINESS Future Forums — The Board directed staff to check into availability at the Library for a meeting room. They also agreed on Tuesday, September 16 at 7:30 P.M. with Tuesday, September 23 as an alternate date. The Board would like a press release in the paper and a media release on the internet to inform the public of the forum, and possibly contacting the paper to do an article on the forum for further exposure. Content of the meeting will be a brief 5 -10 minute history/summary of the Board given by Horton and also on the process of filing a complaint. Roth will contact the Police Chief to see if a representative from the department could be present to field questions and possibly give a presentation of the Police Department's formal and informal complaint process. Then the meeting would be opened up to the citizens to hear their views. Discussion will continue at the Board's next scheduled meeting. NEW BUSINESS None. PUBLIC DISCUSSION Abel is glad to see that the Board is addressing the upcoming forum and that the history of the Board will be revisited. PCRB May 13, 2008 Page 2 BOARD INFORMATION Horton informed the Board that his term and also Engel's term is up September 1 and that he would still be available to give the presentation at the forum. Abel asked the procedure for Board appointments and was directed to the City website where vacancies are posted. STAFF INFORMATION Tuttle handed out information regarding the public reception for the new City Manager, Michael Lombardo. EXECUTIVE SESSION Motion by Engel and seconded by Roth to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22 -7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 5/0. Open session adjourned at 5:55 P.M. REGULAR SESSION Returned to open session at 6:23 P.M. Motion by Horton, seconded by King to set the level of review for Complaint #08 -03 to: 8 -8 -7 (13)(1)(a), On the record with no additional investigation. Motion carried, 5/0. 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, 5:30 P.M., Lobby Conference Room Pugh will not be available for the July 8'h meeting. Tuttle informed the Board of administrative changes to the mediation forms. ADJOURNMENT Motion for adjournment by Engel and seconded by Horton. Motion carried, 5/0. Meeting adjourned at 6:31 P.M. u u u u n 0 o Q a � o � OQ n Q C A H "S A Q z m d o � e O0 0 b Q r ►r n C17 n H y z 0 o w': C) o 0 7 F -e n o T °Q Q o m m F6 o _ o o o 0 oa X k >C o, � a ri Hl wi N W k X X X k k k X k k w a e J N z m d o � e O0 0 b Q r ►r n C17 n H y z 0 OPS -15.1 LESS LETHAL ►I'_Aa MUNITIONS Date of Issue General Order Number MAY 12 2000 00 -03 Effective Date Section Code May 9 2008 1 OPS -15 Reevaluation Date Amends / Cancels MAY 2009 g o { n 3 —n C.A.L.E.A. Reference 1.3.4 1.3.5 1.3.9 1.3.11 �' 1 ' F <r M v o;u 3 O INDEX AS: D Use of Force Use of Force Matrix o Less Lethal I. PURPOSE The purpose of this order is to identify the conditions under which officers may deploy and use less lethal impact munitions. II. POLICY The Iowa City Police Department places the highest of value on human life. The department is authorized and trained in the use and deployment of less lethal munitions. Less lethal munitions is a concept of planning and force application, which meets operational objectives, with less potential for causing death or serious physical injury than conventional police tactics /equipment. OPS -15.2 III. DEFINITIONS A. Iowa Code, Chapter 704.2 defines less lethal munitions as: "projectiles which are designed to stun, temporarily incapacitate, or cause temporary discomfort to a person without penetrating the person's body." B. Kinetic Energy Impact Projectiles - Flexible or non - flexible projectiles (E.g. "beanbags "), which are intended to incapacitate a subject with minimal potential for causing death or serious physical injury, when compared to "conventional" rounds. IV. PROCEDURES FOR USE ° g� n -n Less Lethal Extended Range Impact Weapons =t 0 o EVALUATION OF LESS LETHAL PROJECTILES FOR USE :<m a M Kinetic energy impact projectiles will be evaluated for use on thiAllovY3ng criteria: n _ o. A. Accuracy 1. This is the primary consideration, since proper shot placement greatly assists in controlling the other two evaluation criteria. 2. This will be evaluated based on the anticipated ranges of deployment. 3. The minimal standard of accuracy of such a round is: a. 12 - inch group at 15 yards for the 12 -gauge system. The group shall consist of 3 rounds. B. Effectiveness 1. This is the potential for the round to cause incapacitation and reduce the subject's ability to continue their inappropriate behavior. 2. The level of energy necessary to cause incapacitation creates the potential for injury, but when properly deployed, use should result in a low probability for causing serious physical injury or death. C. Potential for causing death or serious physical injury 1. The potential for causing death or serious physical injury with such projectiles is a reality. This potential is greatly reduced when impacts to the head, neck and chest are avoided, and when appropriate medical examination is provided in cases where the subject is struck in an area that might conceal a closed injury. (including such areas as the chest, back, thoracic and abdominal cavities and groin) 2. When engaging a subject, the officer shall evaluate the effectiveness of each round after each shot. Compliance and /or incapacitation are the desired goal, and alternative target areas /response should be considered when rounds are not effective. Alternative target area /response considerations will be based on the circumstances the officer is encountering. OPS -15.3 TARGET AREAS A. Less Lethal projectiles shall be delivered to suspect target areas based on the circumstances of the situation and the level of force authorized. The deployment of less lethal projectiles shall be in conformance with departmental training guidelines pertaining to recommended target areas. B. Head /Neck and Chest - Intentional impacts to these areas should be avoided unless the use of deadly force is justified, necessary and appropriate. USE OF FORCE CONTINUUM The Iowa City Police Department recognizes five levels of force in the Use of Force model it utilizes. The use of less lethal impact projectiles are considered a level IV response (subject is assaultive), when deployed to areas of the subject's body that are considered unlikely to cause serious physical injury. In addition, less lethal projectiles may be used when a person is threatening death or serious injury to themselves. The use of these projectiles is recognized as a level V, Deadly Force, if intentionally deployed or directed at the head or neck. When assessing the appropriate use of force level, prior to the transition to less lethal projectiles, the officer shall consider in addition to other factors: — ^ o a A. The level of force being confronted. —n n� B. The proximity /access of the subject to the officer or others. c) `O o� DEPLOYMENT TECHNIQUES � D Weapons used for the deployment of less lethal munitions shall be dedicat&d to that purpose. These weapons shall be clearly marked. The use of other than less lethal rounds in these weapons is prohibited unless necessary to protect the life of the public or officer. When deploying less lethal munitions, the following procedures should be adhered to: A. Less lethal munitions should not be used at a distance of less than 15 ft (5 yards) from the target. With this in mind, the greater the distance, the less the accuracy. B. When practical, other officers involved in an incident in which less lethal munitions are deployed should be advised of the deployment prior to the discharge of the weapon. C. During the deployment of less lethal munitions, the officer in charge of the incident should constantly evaluate the option selected against changing circumstances. OPS -15.4 D. When practical, multiple tactics should be used to overwhelm the suspect. Le. less lethal may be used in conjunction with a distraction device or chemical agent. E. A weapon loaded with less lethal munitions shall be treated with the same care and caution as weapons loaded with 'lethal' munitions. F. Less lethal projectiles should not be employed without a cover officer with lethal munitions being assigned as an escort. If it is believed the subject is carrying a firearm, less lethal shall not be deployed without the use of a cover officer with lethal munitions. Officers shall only deploy those less lethal munitions which are provided by Jbe department. The deployment of less lethal munitions shall only be performed by thoaq)officrers i trained and showing proficiency in their deployment. {m M n o� 3 HANDLING OF INJURED SUBJECTS D a Suspects who are struck by less lethal projectiles shall be secured and transported to a medical facility for examination and treatment. If a projectile strikes a bystander, medical personnel shall be summoned to the scene, and the subject shall be encouraged to seek examination at a medical facility. REPORTING AND INVESTIGATION Officers shall complete a departmental Use of Force Report, in addition to any other applicable reporting requirements, after deploying less lethal projectiles. This includes those situations where the weapon is removed from the vehicle and not discharged. An investigation shall be conducted into any situation involving the firing of a less lethal projectile at a suspect. The investigation shall comply with departmental reporting directives contained in General Order 99 -05, Use of Force. TRAINING Officers shall be provided training in the use and deployment of the departmental less lethal munitions prior to being allowed to deploy the weapons. On an annual basis, officers will receive refresher training in the use and deployment of less lethal munitions. Sam el Hargadine, C ief of Police OPS -15.5 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. _ Q N GO a it M M r o,. June 10, 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: 05/20/08 PCRB Mtg #1 (Review & Assign) 06/10/08 PCRB Mtg #2 (Review Draft Report) ? ?/ ? ?/08 PCRB Report due (45days): 07/07/08 PCRB Complaint #08 -02 Filed: 02/26/08 Chief's Report due (90days): 05/26/08 Chief's Report filed: 05/20/08 PCRB Mtg #1 (Review & Assign) 06/10/08 PCRB Mtg #2 (Review Draft Report) ? ?/ ? ?/08 PCRB Report due (45days): 07/07/08 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 June 10, 2008 Mtg Packet PCRB Complaint #08 -04 Filed: 05/01/08 Chiefs Report due (90days): 07/30/08 Chiefs Report filed: PCRB Mtg #1 (Review & Assign) ? ?/ ? ?/08 PCRB Mtg #2 (Review Draft Report) ? ?/ ? ?/08 PCRB Report due (45days): ? ?/ ? ?/08 PCRB MEETING SCHEDULE July 8, 2008 August 12, 2008 September 9, 2008 October 14, 2008 POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS May 2008 Date Description 5 -6 Sent mediation packet to complainant. PCRB REPORT OF SUMMARY DISMISSAL TO THE CITY COUNCIL Complaint PCRB #08 -03, filed Februaryl29, 2008, was summarily dismissed as required by the city Code, Section 8 -8 -3 E, requiring that only those complaints which do not involve the conduct of an Iowa City sworn police officer may be subject to summary dismissal by the board. DATED: June 11, 2008 _ N M V AGENDA POLICE CITIZENS REVIEW BOARD COMMUNITY FORUM September 16, 2008, 7:30 P.M. IOWA CITY PUBLIC LIBRARY MEETING ROOM A ITEM NO. 1 CALL TO ORDER & ROLL GALL ITEM NO. 2 PRESENTATION BY FORMER I ?GRB MEMBER, LO . REN HORTON - HISTORY/SIJMMARY,JQf THE PCRB ITEM NO. 2 PRESENTATION-SY.PGRI3 MEMBER,:,:- ?3-,?,,??????? - PCRIB COMPLAINT FILING Pik dESS ITEM NO. 2 ITEM NO. 3 111ALTA109 ITEM E:NTATION BY "? ? ? ? ? ? ? ? ?? - ICPD iAt-JINFORMALCOMPLAINT PROCESS IC DISCUSSION MTKPOLICE CITIZENS REVIEW BOARD '(1cm) ;I[j R--.MOTION TO ACCEPT CORRESPONDENCE AND/OR I K A P The City of Iowa City POLICE CITIZENS REVIEW BOARD WHEN: TIME: WHERE: COMMUNITY FORUM 7:30 -0 Cm plaint laint Filing Options & P "blic Discussion We invite YOU to attend a forum about the History of the Police Citizens Review Board, Complaint Filing Options, and Public Discussion. Presentations will be given, followed by the public discussion. POLICE CITIZENS REVIEW BOARD COMMUNITY FORUM September 16, 2008 INDIVIDUALS NAME: ,CALLED IN=THAT ORDER