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Home My WebLink About09-09-2008 Police Citizens Review BoardAGENDA POLICE CITIZENS REVIEW BOARD September 9, 2008 — 5:30 P.M. LOBBY CONFERENCE ROOM 410 E. Washington Street ITEM NO.1 CALL TO ORDER and ROLL CALL ITEM NO.2 INTRODUCTION OF NEW BOARD MEMBER(S) ITEM NO. 3 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED • Minutes of the meeting on 08/19/08 • ICPD General Order 99 -05 (Use of Force) • ICPD General Order 01 -02 (Informants) ITEM NO. 4 OLD BUSINESS • Future Forums ITEM NO. 5 NEW BUSINESS Select Nominating Committee ITEM NO. 6 PUBLIC DISCUSSION ITEM NO. 7 BOARD INFORMATION ITEM NO. 8 STAFF INFORMATION ITEM NO. 9 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. 10 TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • September 16,2008,7:30 P.M., Emma J. Harvat Hall (COMMUNITY FORUM) • October 14, 2008, 5:30 P.M., Lobby Conference Room • November 11, 2008, 5:30 P.M., Lobby Conference Room • December 9, 2008, 5:30 P.M., Lobby Conference Room ITEM NO. 11 ADJOURNMENT MEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City DATE: September 5, 2008 TO: PCRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on September 9, 2008 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 09/09/08 • Minutes of the meeting on 08/19/08 • ICPD General Order 99 -05 (Use of Force) • ICPD General Order 01 -02 (Informants) • PCRB Complaint Deadlines • PCRB Office Contacts — August • Extension request for PCRB Complaint #08 -04 • Updated Member Contact List 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 — August 19, 2008 CALL TO ORDER: Chair Michael Larson called the meeting to order at 5:36 p.m. MEMBERS PRESENT: Elizabeth Engel, Loren Horton, and Donald King MEMBERS ABSENT: Greg Roth STAFF PRESENT: Legal Counsel Catherine Pugh and Staff Kellie Tuttle OTHERS PRESENT: Captain Richard Wyss and Officer David Schwindt 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 07/01/08 • ICPD General Order 91 -04 (Report Form Development and Control) • ICPD General Order 00 -05 (Off -Duty Conduct: Powers of Arrest) • ICPD General Order 08 -01 (Conducted Energy Devices) • ICPD SOG 08 -01 (Taser Issuance) • ICPD Memorandum (Quarterly /Summary Report (2nd quarter)- IAIR/PCRB, 2008) Motion carried, 4/0, Roth absent. OLD BUSINESS Future Forums — The Board reviewed the final draft of the Forum notice, agenda, and sign in sheet. They also agreed to have the Forum taped by the cable department so it could be run later on the City Channel. NEW BUSINESS None. PUBLIC DISCUSSION Abel inquired how the Board would be publicizing the Forum. Tuttle responded that the information would be posted on the City website's home page, news releases would be done, the information was forwarded to the neighborhood associations to be included in their newsletter if they had one going out, postings in City buildings, and if the paper does not contact the Board after the news releases and postings, the Board would contact them. Abel also asked if the new Board members had been appointed by Council. Tuttle informed him that the appointments would possibly be made at the August 26th Council meeting and that the deadline to file an application was Wednesday, August 20tH BOARD INFORMATION None. STAFF INFORMATION None. PCRB August 19, 2008 Page 2 EXECUTIVE SESSION REGULAR SESSION Motion by King and seconded by Engel to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22 -7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 4/0, Roth absent. Open session adjourned at 5:42 P.M. Returned to open session at 6:15 P.M. Motion by King, seconded by Horton to set the level of review for PCRB Complaint #08 -04 and #08 -05 to 8 -8 -7 (B)(1)(a), On the record with no additional investigation. Motion carried, 4/0, Roth absent. Motion by Horton, seconded by Engel to request 30 day extension for PCRB Complaint #08 -04 due to timelines and scheduling. Motion carried, 4/0, Roth absent. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • September 9, 2008, 5:30 P.M., Lobby Conference Room • September 16, 2008, 7:30 P.M., Emma J. Harvat Hall — Community Forum • October 14, 2008, 5:30 P.M., Lobby Conference Room • November 11, 2008, 5:30 P.M., Lobby Conference Room ADJOURNMENT Motion for adjournment by King and seconded by Engel. Motion carried, 4/0, Roth absent. Meeting adjourned at 6:17 P.M. IV d O A r W �WW C� w H U W U W O w W O � A W o � z� F� H lz � y Gj y y CC w�QZz ii a ii a ii W� x M M ti N Z Z Z Z Z a o 0 0 0 w w x �o Ntt w ..o ^� � ww ax L. u �a A lz � y Gj y y CC w�QZz ii a ii a ii W� x OPS 03.1 Date of Issue General Order Number April 28, 2001 99 -05 Effective Date Section Code August 27, 2008 OPS -03 Reevaluation Date Amends April 2009 95 -03 C, A. L. E. A. Reference 1.3.1 - 1.3.8, 1.3.13 INDEX AS: Use of Force Reporting _ Tn Significant Force Investigation Use of Force Model Canine _.. Arrests Warning Shots _- I. PURPOSE :J The purpose of this policy is to provide members of the Iowa City Police Department with guidelines on the use of deadly and non - deadly force. II. POLICY The Iowa City Police Department recognizes and respects the value and special integrity of each human life. In investing officers with the lawful authority to use force to protect the public welfare, a careful balancing of all human interests is required. Therefore, it is the policy of the Iowa City Police Department that police officers shall use only that force that is reasonable and necessary to effectively bring an incident under control, while protecting the lives of the officers and others. OPS 03.2 III. DEFINITIONS Definition - Deadly force (Section 704.2, Code of Iowa) for the purpose of this policy shall mean any of the following: 1. Force used for the purpose of causing serious injury. 2. Force which the actor knows, or reasonably should know, will createa strong probability that serious injury will occur. 3. The discharge of a firearm, in the direction of some persoii ith the knowledge of the person's presence there, even though no_;intent 'to inflict serious physical injury can be shown. 4. The discharge of a firearm, at a vehicle in which a person is known to be. Definition - Serious injury (Section 702.18 Code of Iowa) Means disabling mental illness, or bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Definition - Reasonable force (Section 704.1, Code of Iowa) Is that force and no more which a reasonable person, in like circumstances, would judge to be necessary to prevent an injury or loss and can include deadly force if it is reasonable to believe that such force is necessary to avoid injury or risk to one's life or safety or the life or safety of another, or it is reasonable to believe that such force is necessary to resist a like force or threat. Reasonable force, including deadly force, may be used if an alternative course of action is available if the alternative entails a risk to life or safety, or the life or safety of a third party, or requires one to abandon or retreat from one's dwelling or place of business or employment. Definition - Reasonable officer: Objective Standard 1. "The 'Reasonableness' of a particular use of force must be judged from the perspective of a reasonable officer on the scene rather than with the 20/20 vision of hindsight. Graham v. Connor, 109, S.Ct. 1865,1872. (1989) 2. "Reasonableness" also takes into account that police officers make judgements in a split second under circumstances that are "tense, uncertain, and rapidly evolving - about the amount of force that is necessary in a particular situation. Graham v. Connor, 109 S.Ct. 1865,1872. (1989) OPS 03.3 Definition — Less Lethal Munitions (as used in this policy) Means systems which are designed to stun, temporarily incapacitate, or cause temporary discomfort to a person. IV. Code of Iowa - Use of Force in Making Arrests and Preventing Escape Section 804.8 Use of force by peace officer making an arrest. A peace officer, while making a lawful arrest, is justified in the use of any force which the peace officer reasonably believes to be necessary to effect the arrest or to defend any person from bodily harm while making the arrest. However, the use of deadly force is only justified when a person cannot be captured any other way and either.- 1. The person has used or threatened to use deadly force in committing a felony, or 2. The peace officer reasonably believes the person would use deadly force against any person unless immediately apprehended. A peace officer making an arrest pursuant to an invalid warrant is justified in the use of any force which the peace officer would be justified in using if the warrant were valid, unless the peace officer knows that the warrant is invalid. Section 804.13 Use of force in preventing an escape. A peace officer or other person who has an arrested person in custody is justified in the use of such force to prevent the escape of the arrested person from custody as the officer or other person would be justified in using if the officer or other person were arresting such person. V. PROCEDURES DEADLY FORCE y� A. Purpose of statement 1. To delineate the Department's policy regarding the use ofdeadly f e. 2. To establish policies under which the use of deadly force is permissible. 1. Officers of the Iowa City Police Department may fire weapons to stop or incapacitate an assailant to prevent serious bodily injury or death. OPS 03.4 For this purpose and to minimize danger to innocent bystanders, the officer should shoot at the center body mass, whenever possible. 2. An officer may use deadly force to protect him /herself or others from what he /she reasonably believes to be an immediate threat of death or serious injury. 3. An officer may use deadly force to effect the capture or prevent escape if: a. the person used or threatened to use deadly force in committing a felony, and b. the peace officer reasonably believes the person would use deadly force against a person unless immediately apprehended. 4. No distinction shall be made relative to the age of the intended target. 5. Warning shots by officers of the Iowa City Police Department are prohibited. 6. A verbal warning shall be utilized prior to an officer discharging a weapon unless it would compromise the safety of the officer or others. 7. Shooting at or from a moving vehicle is prohibited, except under the following circumstances: -- a. When the occupant of the vehicle is utilizing deadly force -agaifist - the police officer or other persons. b. As a last resort to prevent death or serious injury to officers,�r oi# er ; persons. a.' a v c. As a last resort to apprehend a person who has just committ d a felony resulting in death or serious injury. d. The discharge of firearms shall not be utilized when circumstances do not provide a high probability of striking an intended target or when there is substantial risk to the safety of other persons, including the risk of causing vehicle accidents. C. Injuries resulting from Use of force. 1. Officers shall render appropriate first aid to any person injured or complaining of pain following the use of force. 2. EMS will be summoned to the scene to ensure delivery of appropriate medical treatment when: a. Requested by the subject(s) involved. OPS 03.5 b. The extent of an injury is unknown or not visible. c. The nature or extent of the injury dictates. Officers shall err on the side of caution, requesting EMS to respond to the scene if in doubt about the existence or extent of an injury. D. Surrender of firearm. When officers or employees discharge a firearm that results in personal injury or death to any person, the officer or employee shall surrender that firearm to his /her supervisor or a higher authority consistent with departmental directives. Firearms involved in police shooting incidents shall not be unloaded, cleaned, nor in any way altered from the condition immediately following discharge other than to make the weapon safe for transport. 1. When more than one officer or weapon has been involved in a shooting situation resulting in any injury or death, the involved weapons must be surrendered to the commanding officer in accordance with departmental directives. 2. The commanding officer receiving such firearm or firearms shall immediately secure and document the same as evidence. LESS LETHAL FORCE A. Where deadly force is not authorized under this policy, officers should assess the incident in order to determine which less lethal technique will best de- escalate the incident and bring it under control in a safe manner. Officers shall use no more force than is reasonably necessary to gain control of an individual or situation. Officers are authorized to use force consistent with the Use of Force model. B. Definition -Use of Force. Use of force is any contact applied by an officer that significantly restricts or alters the actions of another and /or compels compliance with the demands or instructions of the officer. This includes the use of- restraint devices such as handcuffs. - C. An officer shall use no more force than that officer reasonably feels is ., necessary in the performance of their official duties. Use of force; py an officer is justified in, but not limited to, the following situations: 1. To protect the officer or others from physical harm.1 2. To control an arrestee or a potentially violent person. OPS 03.6 3. To restrain or subdue a resistant individual. Approved restraint devices are handcuffs (hinged and chain style), flexcuffs and nylon leg restraints. 4. To bring an unlawful situation safely and effectively under control. D. Officers shall offer medical treatment at a hospital to any non - combative person who has been exposed to a chemical irritant / OC spray. Officers shall decontaminate a person exposed to a chemical irritant and continue to monitor the condition of that person until they are no longer in the custody of the officer. NOTIFICATIONS A. Any officer who discharges a firearm in the course of their duty, shall immediately contact his /her supervisor. (This does not apply to animal euthanasia where supervisory permission to discharge the weapon must be sought prior to the destruction of the animal ((see section B in "REPORTING USE OF FORCE INCIDENTS ")) or training situations) If this is not practical, the officer shall contact the on -duty patrol supervisor. The notified supervisor shall then contact the following individuals: 1. The involved officer's division commander. a. It shall be the Division Commander's responsibility to notify the Chief of Police. b. If the Division Commander cannot be notified, a watch supervisor shall notify the Chief of Police. 2. The County Attorney of the county in which the incident occurred. 3. The City Attorney.Tt J 4. The City Manager. y v 5. The Criminal Investigation Commander or his /her designee. CD 6. Other as Required by the Mandatory Call Matrix B. The on -duty watch supervisor shall be immediately notified or summoned to the scene of any incident where use of force results in a physical injury. C. The on -duty watch supervisor shall be immediately notified when a chemical irritant / OC spray is utilized. D. The on -duty watch supervisor shall be immediately notified when a conducted energy device is utilized. OPS 03.7 REPORTING USE OF FORCE INCIDENTS A. Discharge of Firearms - report required. Any officer who discharges a firearm for any reason or purpose other than those exceptions listed in this section, shall make a written report to his /her immediate supervisor as soon as circumstances permit. This written report will then be forwarded through the chain of command to the Chief of Police for review. Exceptions to the requirement of a written report applies to the following circumstances in which no accident or injury results: 1. The discharge of firearms on firearm ranges or in an area for rearms' practice. 2. Sporting events to include lawful hunting and organized shooting ;v matches. rD y B. When, in accordance with applicable law, it becomes necessaiiy f n officer to discharge a firearm to destroy an animal which Oresents) a danger or is seriously injured or ill, the officer will, prior to discharging the firearm, request permission to do so from the on -duty supervisor. If such action must be immediately taken in order to protect the officer's or another person's safety, the officer need not delay action in order to request this permission. In this circumstance, however, the Watch Supervisor must be notified immediately after the firearm is used. A Use of Force report is required. C. Review Committee Use of force incidents shall be reviewed by a committee consisting of a minimum of three sworn personnel. The committee shall consist of a Division Commander, the Sergeant of Planning and Research and /or Training Sergeant, and a third person designated by the Division Commander. This group will, at a minimum, meet every two months to review the Use of Force reports from the previous two months. 1. The purpose of this committee shall be to review all facts and reports concerning use of force incidents for: appropriateness of force used, for any training which may be necessary, and /or any need for policy changes. This committee will make recommendations on these matters to the Chief of Police. All shooting incidents, with the exception of the destruction of animals, shall be reviewed by a Division Commander and a committee made up of five members of the department. This committee shall include a Lieutenant, a Sergeant, and three officers. OPS 03.8 2. The purpose of this committee will be to review all facts and reports concerning shooting incidents (absent destruction of animals, such cases being reviewed by the Use of Force Review committee) for appropriateness of force used, for any training recommendations which are necessary, and /or any need for policy changes. This committee will make recommendations on these matters to the Chief of Police. D. Reporting a Use of Force Incident. 1. A Use of Force report with a written narrative regarding any use of force incident will be included with an incident report. The report(s) shall contain the following information: a. Arrestee /suspect information. a b. Incident number(s), date and time of incident, and reporting officer: y= c. Description of actual resistance encountered. ;a CD d. All required fields completed in Use of Force report. e. The force used by the officer to overcome the resistance and the specific weapon or technique used. f. A description of any alleged or actual injuries to either the officer or suspect. g. Pictures taken of any injuries to either the officer or suspect h. Exposure to Chemical Irritant / OC spray will additionally require the documentation of hospital treatment being offered, supervisor notification, and decontamination procedures. i. A Conducted Energy Device deployment will additionally require the documentation of medical treatment, if medical treatment is refused by the suspect, supervisor notification and the number of cycles /applications used. 2. When the only use of force is the application of handcuffs, double locked, no use of force report is necessary. The application of handcuffs, double locked will be documented on a written complaint or citation or in the body of an incident report. 3. A supervisor of the reporting person shall review the report for adherence to Department policy and procedure and document their conclusions. OPS 03.9 4. All reports concerning use of force shall be forwarded through the chain of command to the Division Commander for review. E. At a minimum, the Chief of Police and /or designee will conduct a documented analysis of all reports and incidents of force annually. An analysis of reports and incidents of force could reveal patterns or trends that indicate training needs, equipment upgrades and /or policy modifications. ' INVESTIGATION OF USE OF FORCE RESULTING IN DEATH OR' 2; SERIOUS INJURY A. When any member of the police department is involved in ap`inci&4it resulting in death or serious injury, a thorough and objective investigation of facts and circumstances will be initiated as soon as practical byi tine Chief of Police's designees and completed as soon as practical. 41D B. The Chief of Police or his /her designee shall decide whether the DCI and /or any other outside agency shall be called to assist in the investigation. C. If an incident resulting in death or serious injury which involves a sworn Iowa City police officer occurs in another police jurisdiction, the officer shall cooperate with that jurisdiction, as set forth in Iowa City Police Department directives. D. The on -duty watch commander /supervisor shall ensure that appropriate case reports are initiated and that potential evidence is preserved. E. The officer(s) or employee involved in the death or serious injury shall be relieved of field duty without the loss of pay or benefits, pending the results of the departmental investigation. Other officers or employees involved in the incident also may be relieved of field duty without loss of pay or benefits at the discretion of the Chief of Police, while the investigation is pending: 1. The officer or employee shall be available at all times for official interviews and statements regarding the case, and shall be subject to recall to duty at any time. The officer or employee must receive permission from the Chief of Police, or the Chief's representative, prior to leaving the metropolitan area. If such permission is given, the officer or employee shall supply phone number(s) of their location and duration of their absence. 2. The officer or employee will not discuss the case with anyone except the prosecuting attorney and /or persons designated by the Chief of Police or their designee. This does not prohibit the officer or employee from discussions with their attorney. If the officer or employee may be the subject of internal review or criminal charges their constitutional OPS 03.10 rights and administrative protections will be maintained. The officer or employee will attend post- traumatic stress counseling at the discretion of the Chief of Police. 3. At the discretion of the Chief of Police, the officer or employee may be returned to duty upon departmental receipt of notification from the counselor or mental health professional indicating the officer's fitness for duty. F. The investigation and administrative leave policy outlined herein is not intended to imply or indicate the officer or employee has acted improperly, but is designed to safeguard the officer or employee and the Department. G. The Chief of Police may appoint one or more individuals to conduct,a separate yet parallel (administrative) investigation into a uses of force incident to ensure all personnel followed departmental policies a,nd ; guidelines. _ ^\ USE OF FORCE MODEL = �� A. Police officers are given the unique right to use force, even de`ady' force, against others for legitimate law enforcement purposes. The right to 'rise force carries with it an obligation to use that force in a responsible manner. Police agencies have an obligation to provide their employees with the policies, training, and tools necessary to accomplish their mission. Selection of a use of force response from the options articulated in this model will be based on: the skills, knowledge, and ability of the officer; the perceived threat and amount of resistance offered by a subject; and consideration of the situational framework. A defined Use of Force model will enhance the department's ability to manage the use of force and will benefit the officer by providing guidance, resources, and options. B. Officers of the Iowa City Police Department shall follow the principles of the Use of Force model. The model describes an escalation of force, which is based on a reasonable officer's perception of threat or resistance. As a subject's resistance escalates, more force options become available to the officer. When resistance stops, the officer must de- escalate, but only after control (e.g. handcuffing) is accomplished. Officers of the Iowa City Police Department must generally employ the tools, tactics, and timing of force utilization consistent with the Model's proscription and training protocols. Due to the fact that officer /citizen confrontations occur in environments that are potentially unpredictable, "tense, uncertain, and rapidly evolving" (Graham v. Connor, 109 S.Ct. 1865, 1872. (1989) the officer may utilize tools, tactics, and timing outside the parameters of the Model. However, these applications of force must meet the same test of reasonableness as those which have been previously identified and approved by the Department. OPS 03.11 C. Reasonable officer's perception /Reasonable officer's response (see attached matrix) �� ,—Lz, Samuel Hargadine, ,(� ief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of higher legal standard of safety or care in an evidentiary sense with respect to third -party claims. Violations of this directive will only form the basis for departmental administrative sanctions. � ry OPS 03.12 LEVEL ONE Perception - Subject is compliant Response - Cooperative controls (includes: mental preparation, spatial positioning, communications skills, handcuffing positions and techniques, searching techniques, arrest and transport controls) COOPERATIVE • '• USE OF FORCE MODEL - FUNCTIONAL PROFILE COMPLIANT LEVEL I COOPERATIVE CONTROLS MENTAL PREPARATION > > > PERCEPTION SKILLS RISK ASSESSMENT SURVIVAL ORIENTATION SPATIAL POSITIONING > > > OFFICER STANCE BODY LANGUAGE RELATIVE POSITIONING COMMUNICATION SKILLS > > VERBAL NON — VERBAL ^ HANDCUFFING POSITIONS > > > > WALL STANDINGS a PRONE = �� KNEELING Y' CID HANDCUFFING TECHNIQUE > CONTROLLED SEARCHING TECHNIQUES > > > > WALL STANDING PRONE KNEELING SPECIALIZED TECHNIQUES > > > OPPOSITE SEX FRISK STRIP ARREST TECHNIQUES > > SINGLE OFFICER MULTIPLE OFFICERS ESCORT CONTROLS > > SINGLE OFFICER MULTIPLE OFFICERS TRANSPORT CONTROLS > > SINGLE OFFICER MULTIPLE OFFICERS OPS 03.13 LEVEL TWO Perception - Subject is passively resistant Response- Contact controls (includes: contact controls, conflict management techniques, mass formation arrest techniques (multiple officer lifts, stretchers, wheelchairs etc.) USE OF FORCE MODEL - FUNCIONAL PROFILE RESISTANT ( PASSIVE) LEVEL II CONTACT CONTROLS ENFORCEMENT ELECTIVES I I CONFLICT MANAGEMENT TECHNIQUES > SINGLE SUBJECT > MULTIPLE SUBJECTS • ARM [CONTACT CONTROLS > WRIST • HAND ARREST TECHNIQUES > MASS FORMATION > ESCORT TECHNIQUES > TRANSPORT TECHNIQUES OPS 03.14 LEVEL THREE Perception- Subject is actively resistant Response - Compliance techniques (includes: neuro - muscular controls, joint manipulation, nerve compression, chemical irritants, e.g. OC spray, controlled stopping devices for fleeing vehicle incidents) COMPLIANCE TECHNIQUES USE OF FORCE MODEL - FUNCTIONAL PROFILE RESISTANT (Active) LEVEL III COMPLIANCE TECHNIQUES ENFORCEMENT ELECTIVES: I & II > NERVE COMPRESSION TECHNIQUES COMPLIANCE CONTROLS > CHEMICAL IRRITANTS, CROWD CONTROL CHEMICAL MUNITIONS > CONTROL TACTICS > HEAD NERVE COMPRESSION TECHNIQUES: > NECK NEURO- MUSCULAR CONTROLS > ARM > LEG CONTROL TACTICS > WRIST ROTATION > ELBOW LEVERAGE BICYCLE > TAKE DOWN TECHNIQUES VEHICLE PURSUIT TACTICS > COMMUNICATIONS /ASSESSMENT SKILLS > PACING/TRAILING TECHNIQUES OPS 03.15 LEVEL FOUR Perception - Subject is physically assaultive and may cause bodily injury Response- Defensive tactics (includes: personal weapon defense, e.g. hands, knees, feet, active countermeasures, etc.; impact weapons, e.g. ASP, weapon retention techniques, conducted energy devices) *Deployment of canine for apprehension /protection shall be preceded by actions of suspect which are consistent with level 4 ( Assaultive- Bodily Harm) behavior. The exception to this is the deployment of canine for building searches or related circumstances, where the suspect actions are not known. In this circumstance' procedures spelled out in the "Canine Operations" General Order (99- 04,,shpW be followed. USE OF FORCE MODEL - FUNCTIONAL PROFILE ASSAULTIVE Possible Bodily Harm LEVEL IV DEFENSIVE TACTICS ENFORCEMENT ELECTIVES: I, II, III > > PERSONAL WEAPON DEFENSES > > > HEAD HANDS ELBOWS FEET KNEES IMPACT WEAPONS ASP > STRIKES > LESS LETHAL WEAPONS > > > IMPACT PROJECTILES CANINE OPERATIONS CONDUCTED ENERGY DEVICES OTHER OPTIONS WEAPON RETENTION TECHNIQUES (Less Lethal) > > > FRONT REAR SIDE OTHER WEAPONS > CANINE CONTROL /APPREHENSION TECHNIQUES *Deployment of canine for apprehension /protection shall be preceded by actions of suspect which are consistent with level 4 ( Assaultive- Bodily Harm) behavior. The exception to this is the deployment of canine for building searches or related circumstances, where the suspect actions are not known. In this circumstance' procedures spelled out in the "Canine Operations" General Order (99- 04,,shpW be followed. OPS 03.16 LEVEL FIVE Perception - Subject is assaultive and likely to cause SERIOUS bodily injury or death Response- Deadly force (includes: weapon /weapons attack defense, lethal force utilization with service /supplemental weapons, forcible stopping techniques for assault with vehicle incidents) USE OF FORCE MODEL - FUNCTIONAL PROFILE ASSAULTIVE LEVEL V DEADLY FORCE (Serious Bodily Harm /Death) ENFORCEMENT ELECTIVES; I, II, III & IV > WEAPON ATTACK DEFENSE > WEAPONLESS > WEAPON RETENTION TECHNIQUES > SERVICE WEAPON LETHAL FORCE UTILIZATION > SUPPLEMENTAL WEAPON > OTHER OPTIONS OTHER OPTIONS: > CONTACT FORCIBLE STOPPING TECHNIQUES > ROADBLOCK OPS -18.1 Date of Issue General Order Number January 23, 2001 01 -02 Effective Date Section Code Au ust 19, 2008 OPS -18 Reevaluation Date Amends / Cancels Au ust 2010 C.A.L.E.A. Reference 17.4.2, 42.2.7, 43.1.3 ,y 7? INDEX AS: �' = Informants Intelligence Investigations I. PURPOSE The purpose of this order is to identify those procedures to be used in identifying, and evaluating potential informants. In addition it identifies those procedures that are to be used when utilizing informants. II. POLICY It is the policy of the Iowa City Police Department to effectively and efficiently utilize police informants, to properly document their identity and activities, maintain effective control of their funding and activities, utilize them in accordance with the law. OPS -18.2 III. DEFINITIONS Confidential Informant (CI) - An "independent agent" and anyone who provides investigative information to a police officer on an on -going basis with expectations for receiving personal benefit. The informant may or may not want his /her identity immediately known to others in the law enforcement or general community. This person shall satisfy department personal information requirements such as biographic and performance information. (This does not include undercover officers or information received from members of outside agencies /organizations) Source - Any person who provides investigative information and may or may not expect some benefit from such action. Unwitting Source - A suspect or any other person involved in criminal activity who supplies information without knowledge that they are doing so. Control officer - A contact officer for the informant who is responsible for insuring proper control of CI's completion of forms relating to a Cl. IV. PROCEDURES A. CRITERIA TO ESTABLISH A CONFIDENTIAL INFORMANT (CI) 0 1. Use of an individual, as an informant shall be documented, which�inclu4 s establishing the department's expectations of the informant. Tie supervisor of the control officer shall approve acceptance and use of an informant. 2. When advising an informant of departmental expectations, the informant shall be advised: a. That their only purpose is to assist the department. b. They are prohibited from engaging in any illegal activity while acting as an informant. c. They have no power of arrest and are not permitted to conduct searches, or carry a weapon. d. They must not compromise the department's interests and activities; and e. They must accept the measure of direction necessary to effectively and safely utilize his /her services. 3. The control officer has the responsibility to initiate documentation. This shall be accomplished by the use of a CONFIDENTIAL INFORMANT AGREEMENT form. 4. A permanent sequential Confidential Informant Identification Number will be assigned by the Lieutenant of Investigations. 5. The informant's name should not appear outside the Confidential Informant File. The informant shall not be referred to in future reports except by the assigned informant number. 6. The control officer shall be responsible for completing an Informant Data form, which contains personal information about the informant. B. CENTRAL INFORMANT REGISTRY 1. All informant files will be secured Team. OPS -18.3 in the office of the Street Crimes Action 2. The Informant file will be maintained with the following information: a. Informant payment record b. Current photograph; c. Fingerprints when possible; d. Signed Confidential Informant Agreement form. e. Informant Data form. f. Receipts for purchases of information and assistance. g. Copies of statements signed by the informant. h. Any administrative correspondence pertaining to the informant. i. Any deactivation report or declaration of unsatisfactory behavtiQ;r. ` --' j. Criminal history. k. Associates. `r I. Personal idiosyncrasies. 3. No expense report will be approved for an informant who is not registered. 4. Each quarter the Lieutenant of Investigations shall forward a report to the Commander of Field Operations, which includes: a. Total number of informants. b. Number of informants deactivated in the recent quarter and the reason. c. All funds expended on confidential informants. 5. The Central Informant Registry shall be open to inspection by the Chief of Police or designee, and /or the Commander of Field Operations. 6. Sworn personnel may review an individual's informant file upon approval of the Lieutenant of Investigations. The requesting officer shall submit a written request explaining the need for review. A copy of the request for review shall be maintained in the CI's file. C. CENTRAL INFORMANT REGISTRY SECURITY 1. The Lieutenant of Investigations shall be responsible for the security of all files in the Central Informant Registry. These files shall be kept in a separate and secure storage facility segregated from other files. 2. When unattended, the storage facility shall be kept locked. 3. Access to files shall be limited to those employees having a legitimate need, as determined by the Lieutenant of Investigations or Commander of Field Operations. 4. An informant file shall not leave the Street Crimes Action Team office without the commander's approval or the approval of the Commander of Field Operations. 5. A sign -out log shall be maintained indicating the date, time, informant number, time in and out, and the signature of the person reviewing the file. OPS -18.4 D. CONTACTING AND USE OF INFORMANTS 1. Investigators shall make reasonable efforts to independently corroborate information to ensure that the informant/source is not required to testify in court; however, the informant/source shall be informed that the necessity of in court testimony is a possibility. 2. Investigators shall meet with informants /sources in places, which do not expose the informant/source to being recognized. 3. When contacting an informant/source of the opposite sex, a second officer should be present. 4. It shall be the responsibility of the control officer to control the informant/source. 5. Individuals currently subject to the custody of the Department of Corrections, (on Probation or Parole) should not be used as informants except under the following conditions: a. The investigating officer has contacted and received written consent from the person parole or probation officer to allow the CI to participate in the investigation. and b. The Ci's criminal history and the written consent form shall be included in the Ci's file. 6. Informants will be arrested if found engaging in illegal activity. 7. Informants will not take, nor the department condone, any actions that would constitute entrapment. 8. All relationships with informants shall be on a professional basis. Personal relationships with informants are prohibited. E. FINANCIAL TRANSACTIONS WITH INFORMANTS AND SOURCES 1. Limited funds are available to conduct financial transactions with confidential informants and sources. 2. All monies provided to confidential informants shall be documented. 3. The money shall be obtained from the Commander of Field Operations. 4. These funds shall be maintained and accounted for by the Lieutenant of Investigations. 5. On an annual basis, the Commander of Administrative Services shall audit the funds. 6. When paying an informant/source in cash, a second officer should observe the transaction. 7. Payment for information or services provided by the informant/source shall be documented on a Receipt of Confidential Funds form. a. Once completed the form shall not be altered. J . b. The receipt of confidential funds form shall be forwarded- to tithe Lieutenant of Investigations and included in the quarterly repbtt,.: -- c. The Receipt of Confidential Funds form shall contain the followin' g: _J 1) A description of the information /evidence received. 2) The amount of the payment. > 3) The signature of the informant receiving the funds. = n 4) The signature of the officer making the payment. 5) The signature of the officer witnessing the payment. 8. Payment of informants and sources are made in connection with anticipated results and expected outcome from the information received. 9. Informant funds of evidence. OPS -18.5 may be used for information and introduction or recovery 10. When supervisors are determining authorization consider the following: a. How critical is the information to the case? b. Nature of the information. c. Motivation of the informant. d. Is the information verifiable? e. Cultivation of the informant. f. Reliability of the evidence and /or informant. g. How timely is the information? h. Is information pertinent to case goals? i. Investigator's rationale. for payment, they shall 11. Supervisors should always be aware that overpayment or continued high payments may result in the informant having motivation to manufacturing information or obtain it illegally. 12. Payment Authorization Guidelines (per incident) a. Up to $500 - Lieutenant of Investigations. b. Up to $1000 - Commander of Field Operations or Administrative Services. c. Above $1000 - Chief of Police or designee. 13. When using confidential funds which are provided pursuant to an agreement between the Iowa City Police Department and a State or Federal agency, the agreement's requirements for receipt of these funds shall be followed. When in conflict with departmental policy, a decision shall be made by the Commander of Field Operations. F. JUVENILE INFORMANTS While the Iowa City Police Department prefers not to use juveniles as informants, it is recognized that there are circumstances, where they may be the best or only source of information. Therefore, juveniles may be used as informants pursuant to the following guidelines. 1. The juvenile and a parent or guardian must meet with the control officer. 2. The juvenile informant and a parent or guardian must read and sign the Confidential Informant Agreement form. 3. A parental consent form allowing the juvenile to assist in a criminal investigation shall be read and signed by the parent or guardian of the juvenile informant. 4. All forms, agreements and information related to a particular juvenile informant shall be kept in a secured file as outlined in IV. 3 and, maintained separately from adult informant files. 5. All other informant guidelines remain in effect. , ,, OPS -18.6 G. DEACTIVATING AN INFORMANT 1. In the event that the continued use of an informant would prove detrimental to the goals of the Iowa City Police Department or the safety of its officers, if the informant has proven to be unreliable, or the informant was activated on a particular case and it has been adjudicated, the informant will be deactivated. The deactivation will be communicated to the informant and the date and time documented on the confidential informant status report. 2. Deactivation may be accomplished by an officer completing a Confidential Informant Status Report noting the reasons why an informant should be deactivated. 3. Upon approval of the Lieutenant of Investigations, the informant's assigned informant number and corresponding file will be marked "DEACTIVATED ". An unreliable informant's file will be classified as deactivated. 4. A deactivated informant file will be maintained in the confidential record file; however the informant will not be utilized as an informant without approval by a supervisor and appropriate corroboration of all information. 4 Samuel Harga e, Chief 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. September 9, 2008 Mtg Packet PCRB COMPLAINT DEADLINES PCRB Complaint #08 -04 Filed: 05/01/08 Chief's Report due (90days): 07/30/08 Chief's Report filed: 07/30/08 PCRB Mtg #1 (Review & Assign) PCRB Mtg #2 (Review Draft Report) PCRB Report due (45days): Extension Request (30 days): PCRB Complaint #08 -05 Filed: 06/05/08 Chief's Report due (90days): 09/03/08 Chief's Report filed: 08/19/08 --------------------------------------------------------- PCRB Mtg #1 (Review & Assign) PCRB Mtg #2 (Review Draft Report) PCRB Report due (45days) ------------------------------- - - - - -- PCRB Complaint #08 -06 Filed- 07/21/08 Chief's Report due (90days): 10/20/08 Chief's Report filed- PCRB Mtg #1 (Review & Assign) PCRB Mtg #2 (Review Draft Report) PCRB Report due (45days): PCRB Complaint #08 -07 Filed: 07/22/08 Chief's Report due (90days): 10/20/08 Chief's Report filed: PCRB Mtg #1 (Review & Assign) PCRB Mtg #2 (Review Draft Report) PCRB Report due (45days): 08/19/08 09/09/08 09/15/08 10/15/08 --------------- 08/19/08 09/09/08 --------------- 10/03/08 --------- - - - - -- ? ?/ ? ?/08 ? ?/ ? ?/08 ? ?/ ? ?/08 ? ?/ ? ?/08 ? ?/ ? ?/08 ? ?/ ? ?/08 September 9, 2008 Mtg Packet PCRB Complaint #08 -08 Filed: 07/22/08 Chief's Report due (90days): 10/20/08 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 October 14, 2008 November 11, 2008 December 9, 2008 January 13, 2009 POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS August 2008 Date Description 08 -04 -08 Caller requested complaint form regarding attitude of officer. 08 -13 -08 Complainant called and didn't want to talk to Police regarding his complaint. POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240 -1826 (319)356 -5041 August 20, 2008 Mayor Regenia Bailey 410 E. Washington Street Iowa City, IA 52240 Dear Mayor and Council Members: At the August 19, 2008 meeting, the PCRB voted in open session to request a 30 -day extension regarding the reporting deadline for the Public Report according to the City Code for PCRB Complaint #08 -04 for the following reasons: Due to timelines, and scheduling • Public Report presently due September 15, 2008 30 -day Extension request — Report would be due on October 15, 2008 The Board appreciates your prompt consideration of this matter. Sincerely, Michael Larson, Chair Police Citizens Review Board cc: City Attorney Updated 09101108 POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240 -1826 (319)356 -5041 Janie Braverman 55 Redbud PI Iowa City IA 52246 (H) 338 -4042 Donald King 3255 Hastings Ave 52245 (C) 515- 771 -0514 gohawkeyes54 @yahoo.com Michael Larson, Chair 625 Scott Park Dr Iowa City, IA 52245 (W) 339 -6660 Greg Roth 770 Broadmoor Dr North Liberty, IA 52317 (H) 665 -4338 groth @kirkwood.edu Abigail Yoder 1528 McKinley PI Iowa City IA 52246 (H) 358 -6758 Catherine Pugh, Legal Counsel 4743 Dryden Ct Iowa City IA 52245 -9250 (H) 339 -4617 pugh705 @hotmail.com Term: September 1, 2008 — September 1, 2012 Term: September 1, 2007 — September 1, 2011 Term: September 1, 2005 — September 1, 2009 Term: September 1, 2005 — September 1, 2009 Term: September 1, 2008 — September 1, 2012