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Home My WebLink About10-28-2008 Police Citizens Review BoardAGENDA POLICE CITIZENS REVIEW BOARD October 28, 2008 — 5:30 P.M. LOBBY CONFERENCE ROOM 410 E. Washington Street ITEM NO.1 CALL TO ORDER and ROLL CALL ITEM NO.2 REPORT FROM NOMINATING COMMITTEE ITEM NO.3 CONSIDER MOTION TO FIX METHOD OF VOTING COMMENT: As the By -Laws do not prescribe the method of voting, the Board will need to make a motion to fix the method of voting. Nominations can be made by balloting or from the floor. Voting can be by voice vote, show of hands, or ballot. The Board should decide if the basis for decision is majority vote of the total membership and procedure for canvass of ballots. MOTION TO FIX METHOD OF VOTING ITEM NOA NOMINATIONS FOR OFFICE OF CHAIRPERSON MOTION TO CLOSE NOMINATIONS BALLOT OR VOTE ITEM NO.5 NOMINATIONS FOR OFFICE OF VICE - CHAIRPERSON MOTION TO CLOSE NOMINATIONS BALLOT OR VOTE PCRB -Page 2 October 28, 2008 ITEM NO. 6 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED • Minutes of the meeting on 09/09/08 • Minutes of the meeting on 09/16/08 • ICPD General Order #89 -02 (Department Disciplinary Philosophy) • ICPD General Order #99 -01 (Police Vehicle Pursuits) • ICPD General Order #99 -10 (Domestic Violence) • ICPD General Order #99 -11 (Arrests) • ICPD General Order #99 -05 (Use of Force) - Revised page 4, 3(a) changed "and" to "or" • ICPD Quarterly /Summary Report (3rd quarter) — IAIR/PCRB, 2008 • Letter from Police Chief regarding Community Forum ITEM NO. 7 OLD BUSINESS ITEM NO. 8 NEW BUSINESS • Follow up on Community Forum ITEM NO. 9 PUBLIC DISCUSSION ITEM NO. 10 BOARD INFORMATION ITEM NO.11 STAFF INFORMATION ITEM NO.12 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.13 MEETING SCHEDULE and FUTURE AGENDAS • November 18, 2008, 5:30 P.M., Lobby Conference Room • December 9, 2008, 5:30 P.M., Lobby Conference Room • January 13, 2009, 5:30 P.M., Lobby Conference Room • February 10, 2009, 5:30 P.M., Lobby Conference Room ITEM NO.14 ADJOURNMENT MEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City DATE: October 24, 2008 TO: PCRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on October 28, 2008 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 10/28/08 • Minutes of the meeting on 09/09/08 • Minutes of the meeting on 09/16/08 • ICPD General Order #89 -02 (Department Disciplinary Philosophy) • ICPD General Order #99 -01 (Police Vehicle Pursuits) • ICPD General Order #99 -10 (Domestic Violence) • ICPD General Order #99 -11 (Arrests) • ICPD General Order #99 -05 (Use of Force) - Revised page 4, 3(a) changed "and" to "or, • ICPD Quarterly /Summary Report (3`d quarter) — IAIR/PCRB, 2008 • PCRB Complaint Deadlines • PCRB Office Contacts — September • Updated Member Contact List • Letter from Police Chief regarding Community Forum • Transcriptions from 9/16 Community Forum 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 — September 9, 2008 CALL TO ORDER: Chair Michael Larson called the meeting to order at 5:30 p.m. MEMBERS PRESENT: Janie Braverman, Donald King, Greg Roth, Abbie Yoder MEMBERS ABSENT: None STAFF PRESENT: Legal Counsel Catherine Pugh and Staff Kellie Tuttle OTHERS PRESENT: Captain Richard Wyss of the ICPD; and public, Caroline Dieterle, Kendall Dingwall RECOMMENDATIONS TO COUNCIL (1) Accept PCRB Report on Complaint #08 -04 (2) Accept PCRB Report on Complaint #08 -05 INTRODUCTION OF NEW BOARD MEMBERS Janie Braverman and Abbie Yoder introduced themselves and gave a little background about themselves to the Board and the public. CONSENT CALENDAR Motion by King and seconded by Roth to adopt the 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) Motion carried, 5/0. Braverman questioned the wording on ICPD General Order #99 -05 (Use of Force), page 4, section V, number 3a. The wording used at the end of (a) is "and ", making it seem as though both (a) and (b) are needed, instead of using "or" which is used on page 3, section IV, number 1. Wyss will take back that information and have it reviewed. Roth inquired to Wyss as to whether there had been any change in policy regarding Pursuits as a result of a 2007 US Supreme Court decision in Scott vs Martin. The ruling dealt with potential liability towards the police departments if they didn't end a pursuit and injury occurred in cases where a PIT (Pursuit Intervention Techniques) maneuver or other procedures were used. Wyss clarified that a PIT maneuver is when the officer intentionally makes contact with the rear end of the vehicle in pursuit causing it to spin out. Roth said he would forward the information to Wyss so that he could review and also pass along to Captain Johnson. Braverman inquired as new Board members if they would be getting all General Orders. Larson explained that they are all available on the City website along with the Standard Operating Guidelines and that the Board receives them as they are updated and reviewed by the Police Department as part of their Accreditation process. PCRB September 9, 2008 Page 2 Braverman also asked if the Board was a member of NACOLE (National Association for Civilian Oversight of Law Enforcement) since it was referenced at the bottom of the packet index sheet. Pugh explained that the Board had previously been a member, but it was decided that since there had been an increase in the articles, which weren't really pertinent to the Boards functioning or business, decided to discontinue the membership and suggested putting a link to NACOLE's website on the Board's packet cover sheet. Pugh stated that membership could be revisited if the Board feels that it would be beneficial. OLD BUSINESS Future Forums — Tuttle confirmed with the Board their intention of having the forum videotaped, whether it was for archival purposes or so that it could be run on the Public Access Channel for those would were not able to attend. Larson confirmed that it was for the purpose of being run on the Public Access Channel. Tuttle informed the Board that there was also going to be transcriptions done of the forum for archival purposes. Roth inquired whether the Board would like a Power Point presentation for the Complaint Filing Process, it was agreed that Roth would do one. NEW BUSINESS Nominating Committee — The Board agreed to have Roth and King serve on the nominating committee. PUBLIC DISCUSSION Wyss asked how long the Board would like his presentation to be, it was agreed around 10 -15 minutes. Roth commented that the Board needs to be sure that forum remains a PCRB forum and not a place where the public is bringing their complaints regarding the Police Department. Dieterle confirmed the purpose of the forum. BOARD INFORMATION None. STAFF INFORMATION Tuttle asked if the Board had reviewed the member contact information and if there were any changes or corrections. Tuttle also made clear to the new members that any information on the member contact sheet was public information. EXECUTIVE SESSION Motion by King and seconded by Yoder 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. September 9, 2008 Page 3 Open session adjourned at 5:47 P.M. REGULAR SESSION Returned to open session at 7:07 P.M. Motion by Yoder, seconded by King to move the November 11 to meeting to November 181H Motion carried, 5/0. Motion by King, seconded by Roth to move the October 14tH meeting to October 28tH Motion carried, 5/0. Motion by Yoder, seconded by Roth to forward the Public Report as amended for PCRB Complaint #08 -04 to City Council. Motion carried, 5/0. Motion by King, seconded by Roth to forward the Public Report as amended for PCRB Complaint #08 -05 to City Council. Motion carried, 5/0. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • October 14, 2008, 5:30 PM, Lobby Conference Rm (RESCHEDULED TO 10/28) • October 28, 2008, 5:30 PM, Lobby Conference Rm • November 11, 2008,5:30 PM, Lobby Conference Rm (RESCHEDULED TO 11/18) • November 18, 2008, 5:30 PM, Lobby Conference Rm ADJOURNMENT Motion for adjournment by King and seconded by Braverman. Motion carried, 5/0. Meeting adjourned at 7:16 P.M. O W W> a W U W U W O a O W d � H H d b h a��zz �coOZ ; W� x M N z z z z z W cc ww ax a A �>2 ti�a b h a��zz �coOZ ; W� x CALL TO ORDER: MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: (Transcriptions are available) DRAFT POLICE CITIZENS REVIEW BOARD COMMUNITY FORUM September 16, 2008, 7:30 P.M. EMMA J. HARVAT HALL 410 E Washington St Chair Michael Larson called the meeting to order at 7:30 p.m. Janie Braverman, Donald King, Greg Roth, Abbie Yoder None Legal Counsel Catherine Pugh and Staff Kellie Tuttle Captain Richard Wyss of the ICPD; and former PCRB member, Loren Horton PRESENTATIONS The following presentations were made: A History/Summary of the PCRB by former PCRB member Loren Horton. PCRB Complaint Filing Process by PCRB member Greg Roth. ICPD Formal /Informal Complaint Process by Captain Rick Wyss from the ICPD. PUBLIC DISCUSSION The following individuals appeared before the PCRB: Dean Abel Jeffrey Cox Peter Hansen Caroline Dieterle Libris Fidelis Galen Opstad 112 South Dodge St 1203 Cambria Ct 727 Walnut CONSIDER MOTION TO ACCEPT CORRESPONDENCE AND /OR DOCUMENTS Correspondence was read into the record by Braverman. Motion by King, seconded by Roth. Motion carried, 5/0. ADJOURNMENT Motion for adjournment by Yoder and seconded by King. Motion carried, 5/0. Meeting adjourned at 8:40 P.M. I 0 W w U W U a 0 a 0 U,- WW a� W N W za A� w � H H G> it w��zz �coOZ W� x 4 M z z z z ei z 00 00 ON w a a a a a a Hwy, w � � rA d ww ax � �a a Q� tira G> it w��zz �coOZ W� x PER -01.1 DEPARTMENT DISCIPLINARY PHILOSOPHY Date of Issue General Order Number January 11, 2001 189-02 Effective Date Tsection Code September 25, 2008 1 PER -01 Reevaluation Date Amends September 2010 89 -02: Effective July 18, 1989 C.A.L.E.A. 26.1.2, 26.1.4, 26.1.5, 26.1.6, 26.1.7, 26.1.8 y INDEX AS: " ` Disciplinary Philosophy Negative Discipline -< Positive Discipline Internal Investigation 0 — X x w D �v ca• I. PURPOSE The purpose of this order is to state formally the Department Philosophy of discipline and to establish the policies and procedures for using training and counseling as methods of positive discipline and to set out the forms of punitive disciplinary options used by the Iowa City Police Department. II. POLICY It is the policy of the Iowa City Police Department to develop positive disciplinary procedures so as to minimize the necessity of negative, punitive disciplinary actions. The primary methods used in positive discipline may include supervisory coaching, . training, tangible and intangible rewards and supervisory counseling. PER -01.2 III. DEFINITIONS POSITIVE DISCIPLINE - are those types of discipline which develop in the member the same objectives as those in the organization. A. This discipline can be developed by effectively training and counseling the employee. 1. Training 2. Counseling NEGATIVE DISCIPLINE - form of punishment or chastisement. A. When positive methods fail or are inappropriate to achieve conformity, then negative disciplinary action must follow to preserve the integrity of the organization. B. Non - Punitive actions: 1. written warning - minor 2. written reprimand F C. Punitive actions: > 1. written reprimand - major 2. suspension 3. demotion o 4. termination w 01- IV. PROCEDURES DEPARTMENT DISCIPLINARY PHILOSOPHY One of the primary tasks of a supervisor is the maintenance of discipline. Discipline may be positive or negative. It may involve a range of responses including encouragement, training, counseling, or the imposition of punitive sanctions. Discipline has as its immediate purpose the channeling of individual effort into effective and productive action. The exercise of positive discipline requires foresight and planning rather than mere reaction. Positive discipline requires an assessment of actual performance and performance capabilities, which when combined with proper training, recognition, and positive rewards, may result in effective contributions to the organization. Employees who violate their oath and trust by committing an offense punishable under the laws or statues of the United States, the State of Iowa, or the Ordinances of the City of Iowa City, or who violate any provision of the Rules and Regulations of the Iowa City Police Department, or knowingly disobey any lawful order, or are incompetent to perform their duties are subject to appropriate disciplinary action. Each employee will have access to a copy of the Department Rules and Regulations and are expected to have an understanding of them. The Rules and Regulations will be housed at specified locations in the police department as well as electronically in conjunction with the departmental Policy and Procedures manual. The Iowa City Police Department expects a high level of professional conduct from members, both sworn and civilian. However, members of the Department often perform their duties in a manner exceeding departmental standards. Official PER -01.3 commendation of such performance is provided by the Department to give full recognition to those who have brought distinction to themselves and the Department. The awards and standard for measure for exemplary performance are as follows; COMMENDATIONS A. Commendation of Valor 1. For an act involving extreme bravery, heroism or outstanding action while facing great personal danger. 2. This award may be given posthumously to any department member whose life is given in the performance of their duty and circumstances indicate that an act of valor was performed. 3. The award for this category will consist of a Medal of Valor and a "red, white & blue" award bar. B. Commendation of Distinguished Service 0 1. For an act involving significant bravery, heroism or action while faci.Qg � -n personal danger. 2. The award for this category will consist of a Medal of Distinguished? Service and a "red & white" award bar. ril C. Commendation of Life Saving > 1. For an act involving rescue or attempts to rescue any person from meditl emergency, trauma, or other life threatening peril. The act must be exemplary and situation unique. 2. The award for this category will consist of a Medal of Life Saving and a "blue & white" award bar. D. Special Commendation 1. For an extraordinary act of service representing the department in which selfless conduct during a time of crisis or emergency is demonstrated. 2. The award for this category will consist of a certificate and a "blue" award bar. The subsequent awarding of any of the above awards to the same individual will result in an additional medal /certificate being presented with a corresponding award bar displaying the number of times the person has received the commendation. E. Letter of Commendation 1. For an act deserving recognition which goes beyond the normal expectations of duty 2. The award for this category will consist of a certificate. F. Letter of Favorable Occurrence 1. For an act demonstrating exemplary professional conduct or performance. 2. The award for this category will be a certificate. PER -01.4 ANNUAL AWARDS These awards are open to any sworn officer of the Iowa City Police Department. Nominations must be made in writing during the month of November each year explaining why the officer is being nominated. A. Officer of the Year Award On an annual basis, this award may be given to an officer who most significantly demonstrates work and behavioral ethics that mirror our oath of honor and exemplify a positive image of the Iowa City Police Department as well as the community. This award recipient will be chosen by Comnend Staff. Criteria for selection will be; C, 1. professionalism 2. sustained work ethic 3. personal conduct ethic 4. demonstrated leadership m 7 5. vision 6. communication D 7. compassion The officer selected for this award will be given a plaque along with a "gold" award bar. B. Richard Lee Award 4; -n v, w N O- On an annual basis, this award may be given to an officer in recognition of outstanding sustained efforts over the last year which positively impacted the community through a program or activity. This award recipient will be chosen by the officers of the Department after nominations have been received. The criteria for selection will be; 1. professionalism 2. compassion for citizens & other officers 3. unique & effective ways of accomplishing objectives 4. specific action /program exemplifying The officer selected for this award will have their name inscribed on the Department plaque along with being given a "silver" award bar. Any employee of the police department may nominate another for a commendation or award. Written documentation is to be forwarded through the chain of command to the Chief of Police. For integrity of the system, the Chief may appoint a supervisor(s) to conduct an inquiry to verify the facts of the nominated act with the final decision as to the validity and degree of the commendation /award being made by the Chief of Police When the "Class A" dress uniform is worn, awarded medals will be worn on the right breast pocket flap and award bars will be worn directly above the name tag. Medal of Valor recipients have the option of wearing the medal on a long ribbon around their neck. Award bars may also be worn on the normal duty uniform, but not medals. PER -01.5 Documentation for all nominations and awarding of commendations or awards will be placed in the employees personnel file. Employees may also have a "Report of Inquiry/Incident Form" denoting exemplary service submitted by a supervisor or letters of appreciation from outside the department placed in their personnel file. TRAINING IN THE DISCIPLINARY PROCESS A. Discipline may take the form of training or experience that corrects, molds, strengthens or perfects. Such discipline allows for a professionally oriented department. 1. Training should take place in recruit school; recruit field training' in- service training, advanced training, and remedial training. a. The training process should be designed to reinforce desirable behavior patterns and to call attention to noticeable actions -which ale deemed undesirable. o b. A well- disciplined department is a well- trained department. D = -n 2. The supervisor, by his /her actions, sets the example for empdvyees, tp follow. A good example is necessary if positive discipline i"_6) wow. Primary responsibility for maintaining the appropriate level of _dciplie rs lies with the first line supervisor. o x w B. Officer's acts, which are committed because he /she either misulerstokl procedures or was never made aware of the correct action, are indicatorscbf training needs. 1. These needs may be corrected by remedial training programs. a. Remedial training is personalized training to correct a specific deficiency which is usually identified by testing, evaluation during training, or by a supervisor evaluating an employee during routine job performance, or by acts requiring disciplinary actions. 2. A review of Internal Investigations should analyze information to determine possible training needs by identifying undesirable behavior trends of those individuals. 3. Training may be used as part of the department's disciplinary system by itself, or in conjunction with other disciplinary procedures as determined by the Chief of Police. 4. An employee may be assigned to remedial training based on the results of an Internal Affairs Investigation or by the Chief of Police as a positive measure to correct a deficiency. 5. In a non - disciplinary action, an employee may be assigned to remedial training if his supervisor, through the division commander, recommends the process to correct a lack of skill, knowledge, or abilities to perform their assigned tasks properly. 6. Upon completion of a remedial training program participants shall be evaluated to determine whether or not existing deficiencies were alleviated. Results of the evaluation shall be forwarded through the chain of command to the Chief of Police. COUNSELING IN THE DISCIPLINARY PROCESS Counseling is assisting employees in the process of problem solving. It may be corrective or preventive in nature. Counseling as a component of the disciplinary PER -01.6 system, may be employed by itself or in conjunction with one or more of the components of the disciplinary system. Counseling may focus on: A. the necessity for a person to change an existing behavior, or deficient work method. B. the necessity for a person to alter behavior in preparation to be considered for additional responsibilities; C. a disciplinary problem which may be handled in a positive manner by itself, or in conjunction with other disciplinary measures. The following criteria should exist for using counseling: © `' A. There must exist a reasonable belief that the employee has ao Axistg problem or is experiencing difficulty in understanding, adjusting- <to, r-Or internalizing matters which: -3 `A 1. Are job related, pertaining to assigned tasks_ m s 2. Involve personnel policies pertaining to departmental policies � w 3. Involve interpersonal relationships with co- workers >y ry 4. Involve personal matters which are affecting the employees wo?c performance. B. The process may be based on the results of an Internal Affairs Investigation concerning a disciplinary matter, by recommending counseling for the employee to the Chief of Police, as a positive measure to correct a deficiency. C. Factors must be present which indicate the employee's problem is having a detrimental effect on work performance. D. There must be a reason to believe that counseling may assist the employee in a supportive way or otherwise have a positive impact on work performance. The following procedures should be followed for using counseling as a function of discipline: A. The employee or their immediate supervisor may initiate the counseling process; B. The initial counseling effort shall be intended to find a remedy or, if not possible, to route the counseling process to one of the following as appropriate: watch commander, division commander or outside professional counseling service; C. Counseling sessions shall be documented either on the department's Report of Inquiry / Incident form or the supervisor's own documentation system. TYPES OF COUNSELING APPROACHES Directive Approach - A. Counselor determines items to be discussed and solutions desired. B. Counselor controls and directs course of conversation. C. Used as a means of disciplining an employee, or providing specific information, amplifying, clarifying the nature of the infraction and the appropriate behavior desired. Non - Directive Approach A. Employee does most of the talking, says what's on their mind. (conversation not steered by counselor) PER -01.7 B. Counselor helps employee examine facts. C. Counselor helps employee think through the situation, choose alternatives and solve the problem. D. Used most for problem solving instead of discipline. If internal counseling is not an appropriate remedy to the problem, then the employee may be referred to an outside counseling service, or other appropriate sources. NON - PUNITIVE ACTION Non - Punitive actions constitute a part of the Department's disciplinary system. Non - punitive action includes: A. Written warning ( may be in conjunction with other disciplinary action) B. Written reprimand -minor (may be in conjunction with other disciplinary action) PUNITIVE ACTION Punitive actions constitute a part of the Department's disciplinary system. Punitive actions include: A. Written reprimand -major (may be in conjunction with other disciplinar actio B. Suspension (may be in conjunction with other disciplinary action) C. Demotion (may be in conjunction with other disciplinary action) - D. Dismissal -iC7 v� 3 WRITTEN WARNINGS M Written warnings may be made for actions contrary to the rules and regulati �or policies and procedures of the Iowa City Police Department. A written warnir� may, 4e initiated by the employee's supervisor. Written warnings shall be documented on ft departmental Report of Inquiry / Incident Form. WRITTEN REPRIMAND A written reprimand may be initiated by the employee's supervisor and may be applied to any infraction of policies, Rules and Regulations, for procedural errors, or any infraction of other written directives. The written reprimand shall follow the chain of command with the Chief of Police maintaining final authority. Written reprimands shall be documented on a departmental Report of Inquiry / Incident form and forwarded to the employee's personnel file in the Human Resources Department. Upon forwarding of the form, the Chief of Police will designate on the form whether the written reprimand is for a minor or major infraction. SUSPENSION When the infraction is of such a nature that a written warning or written reprimand is inappropriate, the Chief of Police may suspend an employee. The employee shall be given written notice of the suspension and the reason(s) for the suspension. A. Any supervisor may impose a fully paid emergency Administrative Leave of Absence on a member or employee when it appears necessary to preserve the efficient and safe operation of the Department. The supervisor shall promptly notify the Commanding Officer, Field Operations, who shall promptly notify the Chief of Police. PER -01.8 1. Any person so relieved of duty shall be instructed to report to the Office of the Chief of Police at 9:00 a.m. on the next business day, unless otherwise instructed. a. The supervisor imposing or recommending the Administrative Leave of Absence will report at the same time. B. Being relieved of duty does not constitute a suspension, demotion, or dismissal, nor shall the employee lose any pay or benefits for the time he /she was relieved on an Administrative Leave of Absence. o DEMOTION > -°n With proper cause, the Chief of Police may order an employee demoted. An(aMployge . may also be demoted due to lack of work, prudent business reasons, a -Ories"bf violations, or one very serious violation. The employee shall be given notice imwrit g of the demotion and the reasons for the demotion. > v DISMISSAL 0- Dismissal may occur after progressive discipline has been taken and there is no change in the employee's performance or behavior, or when an act is of a serious nature. Any employee whose conduct results in dismissal shall be provided the following: A. A statement citing the reason for dismissal. B. The effective date of the dismissal. C. A statement of the status of fringe and retirement benefits after dismissal. D. A statement as to the content of the employee's employment record relating to the dismissal E. A statement indicating the steps and time frame in which appeals need to be made in accordance with the grievance process and appeals pursuant to the civil service process. APPEAL OF DISCIPLINARY ACTION All appeals of disciplinary actions administered to non -sworn employees will follow the grievance procedures established within existing labor contracts and agreements. Iowa Code Chapter 400.20 is as follows: The suspension, demotion, or discharge of a person holding civil service rights may be appealed to the civil service commission within fourteen calendar days after the suspension, demotion, or discharge. The grievance process shall be initiated within the time frame spelled out the existing labor contracts. SUPERVISORS ROLE IN THE DISCIPLINARY PROCESS Supervisors are responsible for the performance, conduct, and adherence to departmental directives and policies and procedures of their subordinates. Supervisors are the initiators of the disciplinary process and should use their knowledge of supervision, subordinates, and knowledge of the infraction and its circumstances to recommend corrective action. Any supervisor may initiate a written warning or reprimand. Written reprimands may be initiated by any supervisor but must be passed upward along the chain of command. A copy of all Report of Inquiry / Incident Officer Field Operations. Suspensions administered by the Chief of Police or authority in all disciplinary matters. PER -01.9 Form shall be forwarded to the Commanding demotions, and dismissal may only be designee. The Chief of Police retains final ANNUAL REVIEW OF DISCIPLINARY CASES A. The Commanding Officer, Field Operations will submit an annual report to the Chief of Police after reviewing all departmental disciplinary cases. The review will be conducted to determine the need for modifications in the following areas: 1) training 2) change in policy, procedure, or Rules and Regulations 3) adequacy of supervision 4) need for inspection or other controls B. During the review process, the Commanding Officer, Field Operations will analyze all formal citizen complaints. This report will be used in the development of departmental goals in preparation for the annual planning and departmental budget process. MAINTENANCE OF DISCIPLINARY RECORDS All written records of the administration of disciplinary actions above a written warning shall be maintained in the employee's personnel file. — ZZ�174-�4 S muel arg me, 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 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. > -� _n n < _... C" M M 0 ::E� w a 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. OPS 02.1 POLICE VEHICLE PURSUITS Date of Issue General Order Number February 10, 1999 99 -01 Effective Date Section Code September 10, 2008 1 OPS-02 Reevaluation Date Amends / Cancels September 2009 1 90 -01 OPS -02 C.A.L.E.A. Reference 1.2.7, 1.3.2, 41.2.1, 41.2.2, 41.2.3 See Index , J INDEX AS: Use of Force Vehicle Pursuits Reports I. PURPOSE Tire Deflation Devices It is the purpose of this policy to state the guidelines to be followed during vehicular pursuits. II. POLICY The initiation of a pursuit is justified when, in the officer's judgment, a suspect exhibits the intent to avoid arrest using a motor vehicle to flee. Initially the officer must determine if the necessity of immediate apprehension outweighs the level of danger created by the pursuit. This evaluation must continue throughout the course of the pursuit by the officer and his /her supervisor. All pursuits will be conducted in strict accordance with section 321.231 of the Code of Iowa and all emergency vehicles will utilize both audible and visual signaling devices when engaged in pursuits. ' ~01 It is the purpose of this policy to state the guidelines to be followed during vehicular pursuits. II. POLICY The initiation of a pursuit is justified when, in the officer's judgment, a suspect exhibits the intent to avoid arrest using a motor vehicle to flee. Initially the officer must determine if the necessity of immediate apprehension outweighs the level of danger created by the pursuit. This evaluation must continue throughout the course of the pursuit by the officer and his /her supervisor. All pursuits will be conducted in strict accordance with section 321.231 of the Code of Iowa and all emergency vehicles will utilize both audible and visual signaling devices when engaged in pursuits. OPS 02.2 III. DEFINITIONS 321.231 Authorized emergency vehicles and police bicycles. The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected perpetrator of a felony or in response to an incident dangerous to the public or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section. 2. The driver of any authorized emergency vehicle, may: a. Park or stand an authorized emergency vehicle, irrespective of the provisions of this chapter. b. Disregard laws or regulations governing direction of movement for the minimum distance necessary before an alternative route that conforms to the traffic laws and regulations is available. 3. The driver of a fire department vehicle, police vehicle, or ambulance, or a peace officer riding a police bicycle in the line of duty may do any of the following: a. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary fob safe.--,,., operation. b. Exceed the maximum speed limits so long as the60ver -n does not endanger life or property. < r M 4. The exemptions granted to an authorized emergency aceTicle3 under subsection 2 and for a fire department vehicle lice.:, vehicle or ambulance as provided in subsection 3 shaU apply„ only when such vehicle is making use of an audible signaling device meeting the requirements of section 321.433, or a visual signaling device approved by the department except that use of an audible or visual signaling device shall not be required when exercising the exemption granted under subsection 3, paragraph "b" of this section when the vehicle is operated by a peace officer, pursuing a suspected violator of the speed restrictions imposed by or pursuant to this chapter, for the purpose of determining the speed of travel of such suspected violator. a. Police bicycles shall be operated in accordance with General Order 00 -07 Police Cyclist. b. The operator of a police bicycle, may, in the line of duty, do any of the following; Proceed past a red or stop signal or stop sign, but only after slowing down as may be OPS 02.3 necessary for safe operation; Exceed the maximum speed limits so long as the driver does not endanger life or property. 5. The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of the driver's reckless disregard for the safety of others. Pursuit - For the purpose of this policy, pursuit means chasing a fleeing suspect. IV. PROCEDURES A. Initiation: The pursuing officer must carefully consider the safety of persons and property before engaging in a vehicular pursuit. Some of the factors that should be considered when determining whether to initiate, continue or terminate a vehicular pursuit are: 1. Time of day - high speed pursuits occurring during a time when there is a high level of activity (businesses, schools), are normally more hazardous than those occurring during periods of low activity. 2. Volume of vehicular traffic - pursuits occurring during periods of heavy traffic flow are more hazardous than those occurring at other times. 3. Location of pursuit - pursuits through residential areas or along streets near or adjacent to schools are normally more" hazardous than those in lightly populated areas. L, °ate Z, 4. Weather conditions. c� _ 5. Road conditions. 6. Speed involved. A 7. Nature of the offense - pursuits for persons suspected of= involvement in felonies are viewed as more justifiable than those for persons suspected of traffic or other misdemeanor violations. However, there shall be no assumption that the commission or suspected commission of a felony constitutes automatic authorization to pursue by vehicle. 8. The condition of the police vehicle should be considered. 9. Consideration should be given to the driving skills of the pursuing officer. `i OPS 02.4 10. Consideration should be given to whether the offender can be identified and therefore apprehended by other means. B. Officers shall be familiar with and use the following Pursuit Decision Matrix as guidance in determining whether to initiate or continue a pursuit. The Pursuit Decision Matrix is very similar to the Use of Force Continuum as set out in the Department's Use of Force policy. It is a guide designed to assist the officers in their use of discretion and shall be followed when making vehicular pursuit decisions. The degrees of risk associated with vehicular pursuit in specific circumstances are defined as follows: PURSUIT DECISION MATRIX GUIDES LOWER RISK n 1. Marked vehicles � 2. Straight roads, good surfaces, clear line of sight .. 3. Few intersectionsT C) 4. Few or no pedestrians n M 5. Good weather ;U 6. No hazardous maneuvers by violator z y" 7. Speeds at or less than 20 m.p.h. over the posted limit 8. Officer is calm and in control 9. Lack of special circumstances (i.e., school zones, hospitals, etc.) MODERATE RISK 1. Some intersecting streets (i.e., residential area) 2. Light pedestrian traffic 3. Moderate traffic, little congestion 4. Speeds 20 m.p.h. greater than the posted speed limit 5. Officer generally calm, under control 6. Some hazardous, but not extreme maneuvers (i.e., crossing center line to pass vehicles, sudden lane changes) by the violator. HIGH RISK 1. Frequent intersecting streets (i.e., a business district) 2. Poor weather, slippery streets, low visibility 3. Blind curves or intersections, narrow streets 4. Numerous pedestrians 5. Heavy, congested traffic 6. Speed twice the posted speed limit, or greater than 80 m.p.h. 0 P S r�` 2- Extremely hazardous maneuvers e , driving against oncoming traffic-, failing to stop for red ifights ) by 'I'le- %iio�a- t L Dr Numerous vehicles in PWSUi, Officer excited, not in full control of em'31,ons Existence of special circumstances =i e school zones._ hospitals etc NOTATION Tt-1.e courts have decided that the officer will be judged frog" 1 the perspect'Ne of a reasonable officer on the scene iGraliam V Conner; With this in i-nind,'offic-ers- shouid give serious consideration to all of the factors before deciding to initiate a pursuit and continue to evaluate the need to pursue versus terminating the PURSUIT DECISION MATRIX NATURE OF LOWER RISK ,OFFENSE VIOLENT FELONY May Pursue IMMINENT Continue To Assess THREA T Risk OPS 02.6 Officers must continually assess the nature of the offense against the risk factors. An officer's response must be consistent with the Pursuit Decision Matrix. C. Notification - When a motor vehicle pursuit is initiated, it shall be immediately reported to the Emergency Communications Operator ..�, by the initiating officer. The initial information will include: o 1. The reason for the pursuit 2. The location, speed, and direction of travel rn 3. The description of the fleeing vehicle, including licens��iate number. .� 4. The number of occupants and description of occupants if observed. 5. The officer will update the information as it becomes available or changes. D. Communication Center Responsibilities - Communications during a pursuit is vital to the safe apprehension of the offender as well as the safety of the officers and bystanders. The communications center will have the following responsibilities: Immediately upon receiving information that an officer is in pursuit, the ECO will advise all other non - emergency radio traffic to stand by and give the pursuing officer priority use of PD1. The ECO will advise the pursuing officer of any pertinent information concerning the area of the pursuit. 2. Notify a watch commander /supervisor of the pursuit in progress. 3. The ECO shall record on the CAD log all the information furnished by the officer during the pursuit. 4. As long as the pursuit is continued, the ECO will manage the pursuit communications by re- broadcasting transmissions of relevance to other units involved. 5. Contact surrounding agencies and advise them of the pursuit. We do not encourage involvement of other agencies in the pursuit other than for perimeter control and assistance in attempts to identify the violator unless specifically requested otherwise. E. F OPS 02.7 6. When the pursuit leaves the city limits, or it is reasonably imminent that it will, the ECO will contact the appropriate law enforcement agency with necessary information. 7. As time permits, the ECO will run vehicle and registered owner information and broadcast pertinent information. Supervisory Responsibilities A supervisor shall assume control of all pursuits. This can be . accomplished through radio communications. Supervisors will monitor all pursuits and approve any special tactic that will be used. 2. In the event the supervisor initiates the pursuit, they should relinquish that position as soon as another unit becomes available and assume control of the pursuit as specified in subparagraph (1) above. 3. The supervisor's foremost considerations shall be officer and bystander safety, methods of identifying the fleeing suspect, tactics to stop the fleeing vehicle, and coordination of all officers. 4. Supervisors shall intervene and correct any misuse of police personnel involved in the pursuit. 5. The supervisor may, at any time, order the termination of the pursuit when, in their judgment, the necessity of apprehension is outweighed by the level of danger created by the pursuit. 6. Supervisors shall also assure that sufficient patrol strength is,,,, maintained within the city to handle routine calls for se&ice. 3 _� rn 7. The supervisor in charge of the incident shall appro> .. n special tactics to stop the vehicle. C-, c) Pursuit Tactics Mi NOTE: Pursuit at high speeds under the best of condifi6ns ism an extremely dangerous situation. Any tactic contemplated when high speed is involved, requires advance planning, taking into consideration the factors surrounding the incident at hand. Safety is the foremost consideration. The following RON OPS 02.8 are some possible alternatives to consider when determining methods of stopping the fleeing vehicle. 1. Consider alternatives, through radio communication and the assistance of other police officers. A determination should be made as to whether the offender can be identified and apprehended later. 2. Use fuses or traffic cones to set up an apparent roadblock in advance of the pursued vehicle. Remember to clear the road and select a safe location. _ o 3. Use tire deflation devices to bring vehicles to a co6h4led" stop. :) c) 4. Do not use the spotlight focused on the back windokdithe— pursued vehicle. D 5. Stationary roadblocks - because of the inherent danger off" the use of stationary roadblocks in pursuit situations, it is the policy of this department that stationary roadblocks will be used for the purpose of stopping fleeing vehicles only: a) As a last resort, in those exigent cases where the use of deadly force would be justified to prevent injury or death to the officer or other persons, a stationary roadblock may be considered. If suitable materials such as construction barricades are not available, unoccupied police vehicles with emergency lights in operation may be used, as directed by the watch commander /supervisor. b) Stationary roadblocks will only be set up with the authorization of the supervisor in charge of the incident. To avoid creating an unnecessary hazard to pursuing officers and innocent persons, the roadblock will be located in an area of high visibility which provides a safe stopping distance for oncoming traffic. Under no circumstances will roadblocks be barricaded by occupied or private vehicles and all efforts will be made to remove private vehicles from the path of the pursuit. 6. Moving roadblocks are prohibited without the express authorization of the supervisor in charge of the incident. 7. Ramming will only be considered to stop a fleeing vehicle as a last resort, and then only in those extreme cases where "a°i OPS 02.9 the use of deadly force is justified to prevent injury or death to the officer or other persons. The officer must consider the extreme danger to himself /herself, occupants of other vehicles and other users of the roadway. Permission to make deliberate contact with the offender's fleeing vehicle will be received from the supervisor prior to initiation of the act. 8. Specialized Police Vehicles a) Officers operating unmarked vehicles, equipped with visual and audible signaling devices, may engage in pursuits only when the fleeing vehicle presents an immediate threat to persons or property and then only until a marked unit is available to assume the pursuit, at which point the unmarked will withdraw and serve only in a support role. b) Police vehicles without emergency equipment, i.e., visual or audible signaling devices, SHALL NOT ENGAGE IN PURSUITS with one exception. In those cases where the fleeing vehicle presents an immediate threat of death or serious injury, they may participate until marked police units arrive. 9. Following the Fleeing Vehicle a) All units will be spaced in such a manner to allow time to react to evasive maneuvers of the fleeing vehicle or another police vehicle. b) Officers will not pursue the fleeing vehicle the5vrong way on interstate or controlled access roadw ors one way streets, unless specifically authorized tc do" so by a supervisory officer. C) -< r i'1 _ m 10. Aid to Outside Agencies 3;Q a) Whenever units of another law enforcement ency- are engaged in a pursuit and request assistan fromv the Department, the requesting agency shall advise the emergency communications center of the nature of the offense and the description of the fleeing vehicle before a police vehicle from the Department joins in the pursuit. If an outside agency contacts an Iowa City officer directly, requesting assistance in a pursuit, it will be the responding officer's responsibility to advise a watch supervisor and communications of the request and the circumstances surrounding it. b) The watch commander /supervisor must approve the request before any action is taken. OPS 02.10 c) No more than two Iowa City Police Vehicles will actively become involved in a pursuit initiated by an outside agency. This DOES NOT preclude other officers from deploying tire deflation devices, blocking intersections or otherwise assisting the outside agency. d) In instances where a vehicle is pursued by two or more vehicles from an outside agency only one Iowa City Police Vehicle may actively become involved in the pursuit. The operator of this vehicle shall communicate the speed, direction of travel and other information to the Iowa City Emergency Communications Center. 11. Firearms o a) Except, under the following circumstances, sOating;, o from or at a moving vehicle is prohibited. > - o -n (1) When an occupant of the fleeing vehicle is qVI�ing o r' deadly force against the police officer or other r persons. — ni (2) As a last resort to prevent death or serious iT"ry :- to the officer or other person(s). > %-n (3) As a last resort to apprehend a person who has just committed a felony resulting in death or serious injury. b) The discharge of firearms shall not be utilized when the circumstances do not provide a high probability of striking the intended target or when there is a substantial risk to the safety of other persons, including risks of causing vehicle accidents. 12. Number of Pursuit Vehicles a) The number of Iowa City Police vehicles actively involved in a pursuit should be limited to two vehicles, a primary unit and a secondary unit. Other officers will be kept informed of the pursuit and should be in a position to assist if the pursuit enters their area of responsibility. b) There will be no caravan of police vehicles attempting to join the pursuit. c) There will be no attempt by officers engaged in the pursuit to pass other units involved in the pursuit unless permission is given by the supervisor in charge of the pursuit. d) Secondary units shall provide backup to the primary unit and may assume the pursuit should the primary OPS 02.11 unit become disabled. Secondary units should also ensure that communications of pursuit status is maintained. V. TERMINATION OF PURSUIT A. Pursuit shall be terminated under any one of the following reasons: 1. A supervisor or higher authority orders the pursuit terminated. 2. Upon the determination of the pursuing officer that, the danger to the officers or others in the area outweighs the necessity for immediate apprehension. 3. The offense is a traffic infraction, misdemeanor or other non- violent felony and the identity of the violator is known. 4. Visual contact is lost or the distance between the officer and the pursued vehicle is so great that further pursuit is futile. 5. The pursuing officer believes that the fleeing vehicle is being operated by a juvenile and the offense constitutes a traffic infraction, misdemeanor, or non - violent felony. 6. When there is an equipment failure involving the emergency lights, siren, radio, brakes, steering or other essential mechanical equipment. B. While not necessarily dictating immediate action, serious and continuing consideration should be given to termination of a pursuit under the following conditions: 1. Environmental factors such as rain, fog or darkness substantially increase the danger of the pursuit. 2. Road conditions are congested by traffic or pedestrians, such as, at rush hour or in the area of any school. C. The termination of a pursuit does not prohibit following the pursued vehicle while obeying all traffic laws, or remaining in the area-to re initiate contact if circumstances dictate. 0 f, � , - CD ;�� -t, OPS 02.12 VI. REPORTING A. The pursuing officer will forward a written report detailing the pursuit to the Division Commander before completing their tour of duty. The watch supervisor will forward a written report to the Division Commander within 10 days unless an extension is allowed by the Commander of Field Operations. The reports shall include: 1. Evaluation of the circumstances involved. 2. If the initiating officer followed the required procedures. 3. Were there other units involved and did they aollow�a procedures? 4. Did communications perform their responsibilities? ! c -< <- 5. Did supervisors perform their responsibilities? 6. Was force used to stop the vehicle, i.e. roadbl&ks oj�,' controlled stopping devices? 7. Were procedures followed regarding termination of pursuits? B. The supervisor of the unit initiating the pursuit shall be responsible for submission of a written analysis and critique of the pursuit through the chain of command to the Chief of Police. The report shall include an evaluation of the pursuit referring to the circumstances and adherence to this policy. C. A vehicular pursuit is deemed a "use of force ", hence a Use of Force report must be completed. D. As a vehicular pursuit is deemed a "use of force ", the Department's Use of Force policy and Use of Force continuum apply to vehicular pursuits. E. On an annual basis a documented analysis of all pursuits for the past calendar year shall be completed. This report shall be completed by the Sergeant of Planning and Research and be forwarded to the Chief of Police. The analysis is intended to reveal patterns or trends that indicate training needs and /or policy modifications. Oil" OPS 02.13 VII. TRAINING Officers shall receive annual training in the use of forcible stopping techniques. Sam el H rg dine, 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. U > F1t V1 OPS -14.1 DOMESTIC VIOLENCE Date of Issue General Order Number October 8, 1999 199-10 Effective Date T Section Code October 22, 2008 1 OPS -14 Reevaluation Date Amends / Cancels October 2009 C.A.L. E.A. Reference 1.2.7, 55.1.1, 55.1.3, 55.2.3 INDEX AS: s Domestic Abuse Domestic Violence ; .: �- Domestic Violence Reports w Domestics M No Contact Orders o Protective Orders x °° ry I. PURPOSE The purpose of this General Order is to establish policy and procedures concerning domestic abuse. The Iowa City Police Department will respond properly to all domestic abuse requests for assistance. "Domestic Abuse" has been deemed as a series of criminal offenses in Iowa pursuant to Iowa Code Chapter 236, Domestic Abuse. Additionally, several other Iowa Code Chapters address domestic abuse - related issues. Efforts will be made to deter this criminal behavior. OPS -14.2 II. POLICY It is the policy of the Iowa City Police Department to: • Appropriately respond to domestic abuse calls for assistance and arrest domestic abuse offenders as defined under the law. • Maintain a pro - arrest policy whenever probable cause exists to support the belief that a domestic abuse violation has taken place. • Protect victims and families experiencing domestic abuse, and provide information concerning support and services. • Promote officer safety by educating officers in the area of domestic abuse response. • Develop a working relationship with the Domestic Violence Intervention Program (DVIP). • Actively participate in multi - disciplinary and community efforts to prevent and reduce the incidence and severity of domestic abuse assaults and deaths. • Provide community and workplace education about domestic abuse, including releasing an annual report on domestic abuse. 17 N III. DEFINITIONS A. Domestic Abuse means an assault, as defined in Iowa Code SeQ0 co 708.2A and Iowa Code Section 236.2, that has occurred betweo parties who share a certain relationship. '" The relationship element defined: 236.2(2) 1. family or household members residing together at the time of the assault or who have resided together within the past year, but not at the time of the assault; 2. separated spouses or persons divorced from one another not residing together at the,time of the assault; 3. biological parents of the same minor child, regardless of whether married or living together at anytime. 4 hmthers andlor sisters over 1 R who live 2t the s2me ratWOn6e if ■ v .v ae e�w va��w �vv under 18, Chapter 232, Juvenile Justice applies. B. Family or Household Members, spouses, or persons co- habitating, parents or other persons related by consanguinity or affinity. C. Children: Children under age 18 are not subject to these provisions as chapter 232, Juvenile Justice, applies. OPS -14.3 D. Cohabitation: means two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship. Cohabitation does not require a sexual relationship, but does require something more than merely residing together. State v. Kellogg, 542 N.W.2d 514(1996). Kellogg provides a non - exclusive list of factors for the jury's consideration: - Sexual relations between the parties while sharing living quarters - Sharing of incomes and expenses - Joint use or ownership of property - Whether parties hold themselves out as husband and wife The continuity of the relationship - The length of the relationship - The degree of access to the residence (does each possess a set of keys) E. Primary Physical Aggressor- The Code requires . a peace officer to arrest and take into custody the primary physical aggressor of the domestic abuse assault when the assault caused a bodily injury, involved the use or display of a dangerous weapon or was committed with the intent to commit a serious injury. See Iowa Code Sections 236.12(2) (b)(c) and (d). Considerations relating to an officer's determination of the primary physical aggressor are set forth in Iowa Code Section 236.12(3). In identifying the primary physical aggressor, a peace officer shall consider the need to protect the victims of domestic abuse, the relative degree of injury or fear inflicted on the persons involved, and any history of domestic abuse between the persons involved, and shall not be based solely on the absence of visible indications of injury or impairment. F. Discretionary Arrest: Peace officers may arrest a person for a simple misdemeanor (non -injury inflicting) domestic abuse assault, but are not required to do so. Discretionary arrest also applies to indictable level offenses where the offender was not the primary physical aggressor. G. Pro - Arrest Policy: Refers to a philosophical position in which physical j arrest should be made in situations where an arrest is jegally� permissible. i _a `M ©' D •- N OPS -14.4 IV. PROCEDURES Procedures for the following qualifying factors are included in this protocol: A. Communications B. Officer Approaching the Scene — 0 C. Officer Responsibility at the Scene R N D. Enforcement of Court Protection Orders E. Written Reporting F. Victim Rights G. Follow -up Investigation a H. Confidentiality 0 X co I. Hostage Situations > J. Officer Training K. Officers Charged with Domestic Abuse A. COMMUNICATIONS The Emergency Communications Operator (ECO) shall dispatch officers to every reported incident of domestic abuse. When warranted, the ECO should give a domestic abuse incident call priority as would be given to any other life threatening call. Whenever possible, a minimum of two officers should be dispatched to the scene. During the initial call for assistance, the ECO should ask these questions: 1. Where is the emergency? What address? What apartment number? 2. Who am I speaking to? 3. What has happened? 4. Has anyone been injured? If yes, is an ambulance needed? 5. Are you the victim? If no, are you a witness? 6. Is the suspect present? What is his /her name? Please describe the suspect and, if not present, his /her expected whereabouts. 7. Are weapons involved? If yes, what kind? 8. Is the suspect under the influence of drugs or alcohol? If yes, what substance? 9. Are children present? 10. Have the police been to this address before? If yes, how many times? 11. Does the victim have a current restraining order? Communications will dispatch all pertinent information to the responding officers. As events progress through a domestic abuse incident, the ECO will keep the responding officer(s) apprised. The ECO should listen for OPS -14.5 background noises that assist in evaluating the threat level (screams, shouts, threats, breaking glass, and furniture). These sounds will raise the potential danger level and can help to provide the probable cause required if criminal charges are filed. During the dispatching process, the ECO should initiate a check to determine the existence of no- contact orders (both civil and criminal), and notify the officer(s) of the results. Meanwhile, the ECO should continue to reassure the victim /caller that assistance is en route. Remaining on the line with the caller is preferential; if the victim /caller chooses to hang -up; this shall not influence the response effected. If the hang -up was voluntary, a callback should be made to inquire whether the victim /caller can be located by officers upon their arrival. Likewise, if the caller states that officers are no longer needed, the call will continue to proceed, and under no circumstances will the call be cancelled. 9 -1 -1 calls and calls for assistance or /calls received on the routine line should be preserved for any possible prosecution. Requests for 9 -1 -1 recordings to be taped for preservation will be made through the ECO supervisor by the domestic abuse investigator. If based on the information provided the ECO reasonably determines that a call is a domestic, it will be classified as a domestic. Once a call is classified as a domestic, the ECO shall not reclassify the call. In instances where a call is classified as something other than a domestic, and the call is in fact a domestic, the ECO, upon notification from the officer may reclassify the call as a domestic. B. OFFICER APPROACHING THE SCENE 1. Domestics are a high priority call. Officers will respond immediately with due consideration of the information available and coordinate their approach if two one -unit crews respond. 2. Remain in contact with the dispatcher, requesting assistance, (see "Communications" section above) information and updates as needed. If protective orders are in force, then verification and..,, clarification should be obtained from the county Oeriffs department. (See "protective orders" section below.) 3. Remain 'et#fffsuspeet leaving the -s C. OFFICER RESPONSIBILITY AT THE SCENE re- F J '::.. ro When officers respond to a call for assistance at the scene of a d&nestiC abuse incident, they shall: 1. Approach the scene safely, and in an alert manner. OPS -14.6 2. Identify yourself and give an explanation of your presence. Request entry into the home when conditions permit. When permission is freely and voluntarily given by either party, a search of the premises may occur. 3. When entry is refused, exercise persistence in gaining entry based on the request for assistance received by the department. Request communications re- establish contact with the complainant, if it has been lost, and reassess the situation. If entry continues to be refused, contact the watch commander /supervisor for further guidance if circumstances permit. 4. Forced entry may be allowed when probable cause exists to suspect that a felony is occurring, has just occurred, or that a life is in danger. In evaluating the need for forced entry, the officer (s) must consider the degree of urgency versus requesting a warrant, the possibility of danger, whether the suspected offense involved violence and whether the belief exists that persons may be armed. (See exigent circumstances analysis in Use of Force G /O) 5. In incidents where a suspect has vacated the scene, and probable cause exists for an arrest, a complaint and affidavit shall be prepared immediately, and forwarded to a judge for a request for issuance of an arrest warrant. However, an officer may arrest a violator within the first 24 hours of an incident without a warrant. (See Iowa Code Section 236.11) 6. Restore order. 7. Take control of all weapons known to be used, or used in a threatening manner, and safely store them. (See Seizure of Weapons, Iowa Code Chapter 809.) Iowa Code Section 809.1(1)(c) defines seizable property as "... property which if not seized by the state poses an imminent danger to a person's health, safety - or welfare." When weapons are seized, the officer shall notify a supervisor of the seizure prior to the officer going off duty. 8. Assess the need for medical attention, and call for assistance if warranted, and whenever requested by the victim. The officiu shall``, assist the victim in obtaining transportation to the nearest hogAal if, requested. 9. Determine complainant, separating all parties if possible, ineli -ding suspect, victim, children, and other witnesses. -' 3 10-Inteiview all paitles. if necessary, reasonable efforss e made to obtain a translator. *- CO 11. Following interviews, a conference of the responding Officers— should occur, if necessary, with the goal of arriving at a consensus for determining whether to arrest. Apply appropriate Chapter 236, Domestic Abuse criteria in making the decision to arrest. If consensus or a determination is not made, a supervisor shall *be called to assist. When an officer is solo in responding, they may confer with a supervisor as needed. Identifying the primary OPS -14.7 aggressor is necessary, as persons acting in self- defense are exempt from this mandatory arrest. 12. If probable cause exists, arrest the suspect. Read suspect Miranda rights. Place individual in custody. Field release or issuing of citations are not allowed in the event domestic abuse has occurred. This applies to either / both arrest for domestic abuse, related charges and / or violations of protective orders. If possible, immediately transport suspect to jail. Factors that tend to support a finding of probable cause for arrest include: physical injuries (including bruises or cuts); disheveled clothing or furniture; a victim's credible statements or visible fear; credible statements of witnesses, including children; and previous calls to the home. If probable cause exists, an arrest shall be made, regardless of the stated wishes of the victim or the apparent use of alcohol or drugs by either the victim or abuser. 13. If a child is present during an incident of domestic assault in which charges are filed, a mandatory report shall be made to the Department of Human Services. Any time a companion charge of "Child Endangerment" is made, Department of Human Services must be contacted. Notification shall include contacting DHS by phone prior to the end of the watch and forwarding copies of the written report. Reports. should include names and DOB of all children present as well as an account of where.they were at time of assault, what they saw, and /or heard. 14. Collect and record evidence, including torn clothing, broken objects,< etc. 15. Photograph the following: a. Victim in a full body picture (front and back). b. Victim's specific injury(s). c. Children. 0 !�! co d. Scene, including broken objects, weapons, general disliray, r etc. > w e. If possible, the suspect's full body and any injuries, in addition to the mug shot. f. When photos are taken at a domestic incident, the evidence sheet should be marked as a domestic along with the incident number being noted g. When the property manager receives photos rom a domestic incident, they shall be forwarded to the domestic abuse investigator. 16. When an arrest causes a child(ren) to be without responsible adult supervision, Department of Human Services shall be contacted immediately. Officers are responsible for the care of children until such time they are relieved of this obligation by DHS. OPS -14.8 17. Upon filling out the complaint, the officer will also complete the victim section of the incident report, making sure to include name, address, DOB, SS #, sex and race. A photocopy of the incident report containing this information will be attached to the complaint. D. ENFORCEMENT OF COURT PROTECTION ORDERS Violation of a valid court order shall be enforced in the same manner and with the same vigor as violations of statutory law. When encountering potential court order violations in domestic violence or other contexts, officers shall follow these procedures. 1. In cases of domestic violence, officers shall use all reasonable means to quell open conflict, protect the victim(s) and enforce the law as applicable in procedures set forth in this policy on domestic violence. 2. The officer shall verify the existence of the order and it's provisions by requesting the ECO check with the Sheriffs Dept. in the county where the order was issued and, if available, by examining any copies of the order the victim may provide. 3. Arrest of the offender is the preferred agency response if probable cause for an arrest exists, whether or not the victim wishes to file a complaint. 4. If a person is suspected of domestic assault or violating a no , contact order, the investigating officer shall run a criminal hisNry on,,'- the suspect and check for any prior convictions of domestic 0sault � .. 11 or violation of a no contact order. (allows for enhanced penaWt) �— E. WRITTEN REPORTING w3 Written reports should be factual, specific and clear so as to prest9l;an' accurate portrayal of the domestic abuse incident. Written documerWation that will be made as a result of a domestic abuse arrest are the complaint and affidavit, a supplementary information report narrative, Iowa City Police Incident Report Form, and the Domestic Abuse Reporting Form. All officers present at a domestic shall complete a report including narrative detailing their observations. In instances where there is a no or the call was incorrectly classified as a domestic, the primary officer shall complete a report detailing the circumstances and identifying the correct call classification. All reports involving a domestic or originally classified as a domestic, or involving the violation of a domestic abuse no contact order shall be forwarded to the departments domestic abuse investigator. OPS -14.9 Reports will, at a minimum, contain narratives which will include the following information: 1. full names of parties involved, including dates of birth of the suspect and victim 2. address and phone numbers for the victim, witnesses and those present, including the address and phone number of the location where the victim will be staying 3. reports should include names and DOB of all children present as well as an account of where they were at time of assault, what they saw, and /or heard 4. the relationship of the victim and suspect 5. location of the assault 6. whether no contact orders are known to exist 7. a description of the scene 8. weapons used 9. whether a 9 -1 -1 call was received and if the tape was preserved 10. documentation of injuries of all parties injured 11. if alcohol is involved, the result of any PBT given to the suspect and victim 12. whether they received medical treatment 13. an indication of whether the victim was presented their rights 14. excited utterances should be recorded in quotation marks. Other statements may be directly recorded or summarized. The demeanor, spirit and physical description of the suspect should be noted along with that of the victim 15. if the officer is aware of pending domestic charges, note that fact in the narrative 16. if in -car camera recording system was activated F. VICTIM RIGHTS Chapter 236.12 identifies victim rights which must be provided to the victim in writing and / or verbally. The Iowa City Police Department will routinely present the victim their rights in written and verbal form. Officers at the scene will present the victim a printed copy of their rights and i equest tI ie victlin sign the sheet. One copy of the tbrm should be I—eft with the victim and the other included with the domestic abuse supplemental report and narrative. r Na l ' Q ± CO W OPS -14.10 G. FOLLOW -UP INVESTIGATIONS All domestic abuse reports shall be forwarded to the domestic abuse investigator for review. Useful information not obtained in the initial report gathering stage may require a follow -up investigation. History of domestic abuse, past requests for service with observance of frequency of occurrence noted, interview of witnesses and any other information applicable may be included. Follow -up photographs may be taken as injuries change in their appearance. Other photographs may be taken as part of the investigation, however, all photographs shall be appropriately documented. If an emergency 9 -1 -1 call initiated the domestic abuse response, then the domestic abuse investigator shall forward a written request to the ECO supervisor for a copy of the call to be taped and forwarded to the domestic abuse investigator. H. CONFIDENTIALITY Iowa Code Chapter 236A defines and describes issues of confidentiality specific to victim services. Victim services personnel shall be afforded courteous and respectful treatment, as they must honor the law reciprocally. I. HOSTAGE SITUATIONS As a hostage situation becomes apparent to the investigating officer, and / or ECO, the watch commander / supervisor shall be immediately notified. Following an assessment of the circumstances, a determination shall be made as to strategy for resolution of the call. Special Response Team,., (SRT) and /or Crisis Negotiation Team (CNT) protocol and personrf�I may or determine this strategy. �= J. OFFICER TRAINING In addition to initial domestic abuse training at the Iowa Law EnfoibCMenf regard to domestic abuse. Training will be provided by both in housEv- staff, as well as utilizing outside authorities as available. K. OFFICERS CHARGED WITH DOMESTIC VIOLENCE Concerning application of Iowa Law, should a law enforcement officer be arrested for domestic abuse, they will be treated equitably as would any other citizen. Likewise, the Iowa City Police Department will adhere to the OPS -14.11 Federal Lautenberg Amendment concerning the possession of firearms should a domestic abuse conviction occur, within this jurisdiction, or any other within the United States. In responding to a domestic abuse call for assistance, should it be known that any sworn officer, of this or any other law enforcement agency, in or out -of- state, are identified as a suspect, the watch commander / supervisor will be immediately notified. If the person arrested /suspected is not an Iowa City Police Officer, the watch supervisor will notify that officer's department. Additionally, the watch commander / supervisor shall be notified if any other employee of the Iowa City Police Department is arrested for domestic abuse. Following any of these notifications, the appropriate division commander will be contacted. In the event that any officer or employee of the Iowa City Police Department is arrested for domestic abuse, or involved as a victim of a domestic assault, or is a suspect but not arrested for a domestic assault, appropriate referrals for services and assistance will be made. Internal Investigations will be conducted as warranted. A copy of the report on such an incident shall be forwarded to the Office of the Chief of Police. Samuel Harg ne, 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 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. �.a f 7 1 �0i pia r 00 W LEG -02.1 ARRESTS Date of Issue General Order Number October 11, 1999 199-11 Effective Date Section Code October 1, 2008 LEG - 02 Reevaluation Date Amends / Cancels October 2009 C.A.L.E.A. Reference 1.1.4, 1.2.5, 1.2.6, 1.2.7, 74.1.3, 74.3.1, 74.3.2 I. PURPOSE The purpose of this policy is to explain the procedures to be used when a person is arrested by members of the Iowa City Police Department. II. POLICY It is the policy of the Iowa City Police Department to conform with statutory and jud]to requirements pertaining to arrests. The decision to arrest will be based on the f surrounding the incident. Officers are to use the least restrictive, reasonable metho accomplish their goal. INDEX AS: Use of Force Arrests Citations Discretion Prisoner Transport Domestic Abuse 0 . a I. PURPOSE The purpose of this policy is to explain the procedures to be used when a person is arrested by members of the Iowa City Police Department. II. POLICY It is the policy of the Iowa City Police Department to conform with statutory and jud]to requirements pertaining to arrests. The decision to arrest will be based on the f surrounding the incident. Officers are to use the least restrictive, reasonable metho accomplish their goal. LEG -02.2 III. DEFINITIONS Iowa Code Section 804.5 is as follows: Arrest defined. Arrest is the taking of a person into custody when and in the manner authorized by law, including restraint of the person or the person's submission to custody. IV. PROCEDURES ARREST WITHOUT A WARRANT Authorization to arrest is contained in section 804.7 of the Code of Iowa. A Peace Officer is authorized to make an arrest in obedience to a warrant delivered to the peace officer, and without a warrant under the following conditions: A. For a public offense committed or attempted in the peace officer's presence. B. Where a public offense has in fact been committed, and the peace officer has reasonable grounds for believing that the person to be arrested has committed it. C. Where the peace officer has reasonable grounds for believing that an indictable public offense has been committed and has reasonable grounds for believing that the person to be arrested has committed it. D. Where the peace officer has received from the department of public safety, or from any_ other peace officer of this state or any other state or the United States an official communication by bulletin, radio, telegraph, telephone, or otherwise, informing the peace officer that a warrant has been issued and is being held for the arrest of the person to be arrested on a designated charge. E. If the peace officer has reasonable grounds for believing that domestic abuse, as defined in section 236.2, has occurred and has reasonable grounds for believing that the person to be arrested has committed it. 1. As required by section 236.12, subsection 2. (Domestic Abuse Assault Provisions) TREATMENT OF PRISONERS! In making an arrest, officers will use only that amount of force �Aoon I necessary to effect the arrest. Prisoners shall be treated with pp opriate f'I respect. Officers shall not physically mistreat or verbally harass anyi�livial that they have taken into custody. Medical treatment will be madam Tvaila -61e when the arrestee is injured or complains of injury or in conformit? to other general orders. ARREST /CITATIONS All persons charged for simple misdemeanors should be released on a promise to appear in court at a specified date and time, unless the officer has an articulable reason for a physical arrest of the subject. (Juveniles shall be handled in accordance with departmental directives pertaining to juveniles.) Considerations for a custodial arrest instead of a cite and release are included in section 805.1 of the Code of Iowa. LEG -02.3 Factors to be considered by the agencies in formulating the guidelines relating to the issuance of citations for simple misdemeanors not governed by subsection 2, shall include but shall not be limited to all of the following: (see 805.1(3)(b) Code of Iowa) A. Whether a person refuses or fails to produce means for a satisfactory identification. B. Whether a person refuses to sign the citation. C. Whether detention appears reasonably necessary in order to halt a continuing offense or disturbance or to prevent harm to a person or persons. D. Whether a person appears to be under the influence of intoxicants or drugs and no one is available to take custody of the person and be responsible for the person's safety. E. Whether a person has insufficient ties to the jurisdiction to assure that the person will appear or it reasonably appears that there is a substantial likelihood that the person will refuse to appear in response to a citation. F. Whether a person has previously failed to appear in response to a citation or after release on pretrial release guidelines. Additional factors to be considered relating to the issuance of citations or other offenses for which citations are authorized shall include but shall not be.limited4o the following concerning the person. (see 805.1(3)(c) Code of Iowa): ©r,, A. Place and length of residence. B. Family relationships. C. References. D. Present and past employment. o E. Criminal record. > F. Nature and circumstances of the alleged offense. G. Other facts relevant to the likelihood of the person's response to a citation. Even if a citation is issued, the officer may take the cited person to an appropriate medical facility if it reasonably appears that the person needs medical care. All persons arrested for simple misdemeanor traffic offenses should be released on a uniform traffic citation, scheduled to appear in court on a specified date and time, unless the officer has an articulable reason for the physical detention instead of a traffic citation. INDICTABLE ARRESTS Persons charged with a serious misdemeanor or above, shall be arrested and transported to the Johnson County Jail, unless a supervisor approves of other arrangements. For exceptions, refer to Appendix I. The transport of prisoners shall comply with departmental directives pertaining to prisoner transport. LEG -02.4 TURN IN PROCESS When arrangements have been made for a subject to turn him /herself in at a later date, the charging officer shall: A. notify the Emergency Communications Operator (ECO) of the date and time that the person will turn him /herself in; B. advise the ECO of the location of the charge(s); C. fill out an arrest report as completely as possible and leave it with the charge(s). The arresting officer will advise the subject of the charge(s) against him /her and transport him /her to the Johnson County Jail. The arresting officer shall complete the arrest report and check for any un- served warrants. They shall also record the name of the receiving officer on the arrest report. ARREST WITH A WARRANT Authority to arrest persons with a warrant is contained in Chapter 804 of the Code of Iowa. Section 804.6 of the Code of Iowa is as follows: Persons authorized to make an arrest. An arrest pursuant to a warrant shall be made only by a peace officer; in other cases, an arrest may be made by a peace officer or by a private person as provided in this chapter. Section 804.7(4) of the Code of Iowa authorizes arrests by a peace officer with a warrant. It is as follows: Where the peace officer has received from the department of public safety, or from any other peace officer of this state or any other state or the United StaVs an official communication by bulletin, radio, telegraph, telephone, or -$therWii e, informing the peace officer that a warrant has been issued and is beii eklor the arrest of the person to be arrested on a designated charge. SERVICE OF ARREST WARRANTS o 1 A. When possible, the Department will attempt to serve a warrant v%hin thirty (30) days of a warrant being received. B. Prior to the service of the warrant an assessment of the risk factors as defined in the SRT policies and procedure manual shall be made. C. Warrants will be prioritized as follow: 1. warrants for persons known to be violent or potentially dangerous; 2. felony warrants 3. warrants for indictable offenses; 4. non- violent misdemeanor warrants. D. The officer serving the warrant shall confirm that the warrant is still active and the pickup limits of the warrant, prior to service of the warrant. E. All warrants shall be served by sworn officers. LEG -02.5 F. At least two (2) officers should be present when serving an arrest warrant. G. Officers shall activate their In Car Recording Device when serving the warrant. H. Officers shall notify the ECO of the pending action and its location. As appropriate other officers may be notified of the activity. I. When notified by another agency that it will be serving a warrant in Iowa City, a supervisor may send officers to assist in the serving of the warrant. J. Upon arresting a subject on a warrant, the officer will transport the subject to the Johnson County Jail unless otherwise specified. K. Prior to serving a warrant outside the corporate limits of Iowa City, the officer shall: 1. obtain the permission of a watch supervisor; 2. advise the ECO of the action;; 3. contact the local agency with jurisdiction and request the pre&nce of a local officer during the arrest. yy, a.z .Y" USE OF FORCE IN MAKING AN ARREST Section 804.8 of the Code of Iowa defines the limits of the force, which �,naye used when making an arrest. In addition, members of the Iowa C Police Department shall be guided by departmental Use of Force directhre't whV executing an arrest. 804.8 is as follows: 3> -- 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: A. The person has used or threatened to use deadly force in committing a felony or B. 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. DISCRETION The Iowa City Police Department recognizes that there are often alternatives to a custodial arrest. Since it is impossible to anticipate every such circumstance in which action should be taken, it shall be left to the officer at the scene to determine the degree of intervention necessary. When making an arrest, officers should use the least restrictive form necessary to obtain the desired objective. A. It is unrealistic to expect officers to enforce all laws and ordinances, regardless of the circumstances encountered. Officers must make the LEG -02.6 decision to arrest, cite, warn, or use other alternatives, based on applicable law, circumstances of the particular incident and directives from supervisors. B. Members of this department shall always act in accordance with the law and departmental rules and regulations. When discretion is employed it must be reasonable, defensible, and used to accomplish a police purpose. Samuel Harg ine, 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. �.= iii ' 1 4Y I 1 tl _37-- tO LEG -02.7 APPENDIX I Officers may encounter persons who are at times granted exemptions to laws. When encountering these situations officers may follow these guidelines or if still unsure of the appropriate action, should contact a watch supervisor for further guidance. Legislators are granted limited immunity from prosecution under Article 3 of the Iowa Constitution which states "Privileged from arrest. SEC. 11. Senators and representatives, in all cases, except treason, felony, or breach of the peace, shall be privileged from arrest during the session of the general assembly, and in going to and returning from the same." Members of the National Guard are regulated under chapter 29A.41 of the code of Iowa. The code states," A member of the national guard shall not be arrested, or served with a summons, order, warrant or other civil process after having been ordered to any duty, or while going to, attending, or returning from, any place to which the officer or enlisted person is required to go for military duty. This section does not prevent the officer's or enlisted person's arrest by order of a military officer or for a felony or breach of the peace committed while not in the actual performance of the officer's or enlisted person's duty. The articles of equipment personally owned by such members are exempt from seizure or sale for debt." Other members of the military, including members of the Army, Air Force, Navy, Marine Corps, Coast Guard, and reservists who are on active duties are likewise granted limited protection. When an occasion arises that requires the issuance of a traffic citation, a physical arrest or investigation of a motor vehicle crash involving a member of the armed services who is operating under conditions which offer this limited protection, the officer will notify a watch supervisor of the circumstance surrounding the incident. The watch supervisor will contact the office of the commanding officer of the military member involved and advise them of the incident. Foreign diplomats and consular officials may be granted immunity. In these cases the officer should advise the person of the nature of the stop and make a determination as to if the person is able to safely continue on their way. In instances where the ability of the operator of the vehicle is in doubt the officer should take steps to insure the person safely gets to their destination. These steps may include but are not limited to; locating another driver, contacting a cab, or contacting the consulate of the person involved or the United States Department of State for further assistance. Foreign nationals are subject to the laws of the State of Iowa, however there may be consular notification requirements. If a foreign national is stopped for a traffic violation, or is involved in a motor vehicle crash which requires no special investigation, there are no notification requirements. If a foreign national is physically arrested or detained fora substantial period of time there may be notification requirements. q� the circumstances, refer to the Consular Notification and Access publication -, ich As available on -line at the U.S. State Department's web site. -` UJ M > Sal Load, Linda White From: Mike Lord Sent: Thursday, September 25, 2008 12:45 To: Linda White Subject: small General Order Revision Linda, The Chief has authorized a tiny change (one word) to page four of the Use of Force General Order (99 -05). It only involves changing an "and" to an "or" on page 4. We do not need to do a full re -issue process. I have made the change to the e- version myself so the page 4 you see there is the corrected version. I have also run off the corrected page and replaced it in the hard copy binder. The only thing that needs to be done is to have the revised page 4 distributed to those people who maintain a hard copy with instructions to replace the old page four with the new page four. The change did not impact anything else that appears on that page, in other words all that was on it before is still there. Is it possible to distribute the revised page 4? Thanks. �n 6 �VJ Q 10/01/2008 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, or 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: o w.� a. When the occupant of the vehicle is utilizing deadly ford agaiBst the police officer or other persons. -� ` 4 b. As a last resort to prevent death or serious injury to officefsmr other iii persons. c. As a last resort to apprehend a person who has just coMmitteW 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. MEMORANDUM TO: File FROM: Captain Johnson, Field Operations RE: Quarterly/Summary Report (3"' quarter) - IAIR/PCRB, 2008 DATE: October 6, 2008 Attached you will find the 2008 Quarterly Report, (3rd Quarter) , for the Iowa City Police Department Internal Affairs/Police Citizen's Review Board investigative file. cc: PCRB Chief Hargadine F 3 C M 0;0 A� D u� 011 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: 1) Unfounded 2) Unfounded 3 Unfounded 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 Unfounded I.A.I. #:08 -03 PCRB M none PCRB M 08 -03 Incident Date:02 -25-08 Location: 500 Block East Jefferson Incident Time: unk. Location: 2100 Davis 1) Improper action Date Assi ned: 3 -5-08 Allegation: 1) Sustained 1) Harassment Disposition: 1 Complaint rejected- did not involve ICPD personnel I.A.I. #:08 -04 PCRB M none Incident Date :03-02 -08 Incident Time:1:45PM Location: 500 Block East Jefferson Date Assigned: 3-11 -08 Allegation: 1) Improper action 2) Violate rulestreguiations Disposition: 1) Sustained , 2) Sustained r D �n I.A.I. #:08 -05 PCRB M none Incident Date: 2 -28-08 Incident Time: Location: ICPD Date Assigned: 3 -11-08 Allegation: 1) Violate rules/regulations Disposition: 1) Sustained I.A.I. #:08 -06 PCRB M none Incident Date: 4 -11-08 Incident Time: Location: ICPD Date Assigned: 4-14 -08 Allegation: 1) Violate rulealregulations Disposition: 1 Sustained I.A.I. #:08 -07 PCRB M 08-04 Incident Date: 2 -1-08 Incident Time: 2AM Location: 500 S. Gilbert St Date Assigned: 5-5-08 Allegation: 1) Improper use of force 2) Improper conduct 3) Fail to take action Disposition: 1) Unfounded 2) Unfounded 3 Unfounded I.A.I. #:08 -08 PCRB M 08-05 Incident Date: 6 -1-08 Incident Time:9:30PM Location: 100 Block S. Scott Blvd Date Assigned: 6 -10-08 Allegation: 1) Improper conduct Disposition: 1 Unfounded I.A.I. #:08-09 PCRB #: none Incident Date: 6 -7-08 Incident Time:11:5013M Location: 1400 Block Broadway Date Assigned: 7-2-08 ' Allegation: r 1) Improper conduct > :71 2) Differential Treatment W` Disposition: = c) 1) Unfounded _ M 2) Unfounded 7 cr I.A.I. #:08 -10 PCRB #: 08-06 Incident Date: 7 -16-08 Incident Time: 6:20PM Location: 1900 Block Broadway Date Assigned: 7 -22 -08 Allegation: 1) Improper conduct Disposition: 1 Pending I.A.I. #:08 -11 PCRB M 08 -07 Incident Date: 7 -22 -08 Incident Time: 9:45AM Location: Dubuque/Market Date Assigned: 7 -22 -08 Allegation: 1) Improper conduct Disposition: 1 Pending I.A.I. #:08 -12 PCRB#: 08-08 Incident Date: 7 -2-08 Incident Time: 4:15PM Location: Pedestrian Mail Date Assigned: 7 -22 -08 Allegation: 1) Improper conduct Disposition: 1 Pending I.A.I. #:08 -13 PCRB#: none Incident Date: 7 -22-08 Incident Time: 12:20AM Location: 10 Block S. Clinton Date Assigned: 7 -22 -08 Allegation: 1) improper conduct Disposition: 1 Unfounded I.A.I. #:08 -14 PCRB#: none Incident Date: 6 -24-08 Incident Time: Location: ICPD Date Assigned: 9 -25-08 Allegation: 1) Violate Rules/Reguladons Disposition: 1 Pending— >> -<M a� D r,n 01. I.A.I. #:08-15 PCRB#: none Incident Date: 9-24-08 Incident rime: 1:50AM Location: ICPD Date Assigned: 9-26-08 Allegation: 1) Violate Rules/Regulations Disposition: 1) Pending ti c > Cr- > October 28, 2008 Mtg Packet PCRB COMPLAINT DEADLINES PCRB Complaint #08 -06 Filed: 07/21/08 Chief's Report due (90days): 10/20/08 Chief's Report filed: 10/10/08 ------------------------------------------------------------------------------------ PCRB Mtg #1 (Review & Assign) 10/28/08 PCRB Mtg #2 (Review Draft Report) 11/18/08 PCRB Report due (45days): 11/24/08 PCRB Comalaint #08 -07 Filed: 07/22/08 Chief's Report due (90days): 10/20/08 Chief's Report filed: 10/14/08 ------------------------------------------------------------------------------------ PCRB Mtg #1 (Review & Assign) 10/28/08 PCRB Mtg #2 (Review Draft Report) 11/18/08 PCRB Report due (45days): 12/01/08 ------------------------------------------------------------------------------ - - - - -- PCRB Comalaint #08 -08 Filed: 07 /22/08 Chief's Report due (90days): 10/20/08 Chief's Report filed: 10/16/08 CM Report filed: 10/16/08 ------------------------------------------------------------------------------------ PCRB Mtg #1 (Review & Assign) 10/28/08 PCRB Mtg #2 (Review Draft Report) 11/18/08 ------------------------------------------------------------------------------------ PCRB Report due (45days): 12/03/08 PCRB Complaint #08 -09 Filed: 10/10/08 Chief's Report due (90days): 01/08/09 Chief's Report filed: PCRB Mtg #1 (Review & Assign) ? ?/ ? ?/09 PCRB Mtg #2 (Review Draft Report) ? ?/ ? ?/09 ------------------------------------------------------------------------------------ PCRB Report due (45days): ? ?/ ? ?/09 ------------------------------------------------------------------------------ - - - - -- October 28, 2008 Mtg Packet PCRB MEETING SCHEDULE November 18, 2008 December 9, 2008 January 13, 2009 February 10, 2009 POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS September 2008 Date Description None Updated 09110108 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 Kinq 3255 Hastings Ave Iowa City, IA 52245 (C) 631 -5724 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 410 E. WASHINGTON IOWA CITY, IA 52240 -1826 PH: 319- 356 -5275 FAX: 319- 356 -5449 C7 September 22, 2008 Mr. Michael Larson Chair, Police Citizens Review Board !�" �= City of Iowa City , c? > w Dear Mr. Larson and PCRB members, All of the citizens that spoke at Tuesday's hearing made comments appreciative of the time you and the board take out of your busy schedule. I would like to echo those sentiments and thank each of you for your service and commitment to the citizen's of Iowa City. Recently the Iowa City Police Department was CALEA reaccredited for the 3rd straight time. Our policies & procedures meet the "Best Practices Standard" of all of the departments from across the nation. This in part is because of the role you play on the Police Citizen's Review Board. An investigative team traveled to Iowa City to inspect the ICPD and each policy is reviewed. Just having the policy isn't enough, we have to prove and document that we comply with our own policies. The accreditation committee that reviewed the inspection report was very supportive and complimentary of Iowa City's Police Citizen's Review Board. Your mere existence helped the reaccreditation process. I would also like to thank the citizens that spoke at the hearing. It is important that the citizens have a trusting relationship with their police department and I heard nothing at the hearing that can't be worked out and discussed. I felt it very rewarding that even those that have philosophical differences with certain policies still spoke appreciatively of the Iowa City Police Department. Time and space prohibits me from commenting on all that was discussed but I would like to comment on a few of the highlights. Some concern was mentioned that the PCRB does not track the number of complaints against one particular officer. The ICPD does have a PEWS system or Personnel Early Warning System. This is a requirement of CALEA accreditation and a subsystem of our Internal Affairs process. The PEWS system is complex but it does track the behaviors, complaints and incidents that allow supervisors to intervene when possible triggering events occur that do not reach the level of a complaint. It was suggested that ICPD does not cooperate with 'jail alternative initiatives' and that Ames PD had 0 arrests for Public Intoxication. Neither of these assertions is correct. There was a reporting glitch to the FBI that ICPD staff caught in time and corrected however Ames did not. If you check with Ames directly you will find that Ames has many Public Intoxication cases and is no better or worse than Iowa City. The assertion that ICPD takes too many people to jail is also incorrect and actually is a statement of perception. The fact of the matter is that cases like simple possession of marijuana are "indictable offenses." All Iowa peace officers are required by state law to book offenders of indictable offenses. To book means to fingerprint and mug shot and this occurs presently only at the jail. Some arrestees go to jail because their condition makes it unsafe to release them on their signature. I am very supportive of a "Cite and Release" policy that would allow for an officer to release an arrestee on his or her signature promising to appear in court for some offenses. It is not by ICPD policy that we transport these types of cases to jail. It is because of Iowa Code or public safety that we transport these types of defendants to jail and I would be the first to agree with you that many arrestees do not need to be incarcerated any longer than it takes to book them, assign a court date and if necessary take their bond. Lastly, it was asserted that ICPD harasses certain bars. The level of alcohol enforcement conducted by ICPD in the downtown area is a controversial issue. I frequently hear from both sides, that we're down there too much or we're not down there at all. The Iowa Alcoholic Beverages Division abdicates all enforcement to the local level retaining administrative licensing authority. This puts local police departments and city code inspectors in the position of ensuring compliance with every law and ordinance on the books. This is a monumental task that would keep a team of full time inspectors busy. At the same time we have responsibility for keeping the peace throughout the rest of Iowa City. We receive tips on establishment abuses from a variety of sources and many times the complaints come from other liquor establishments. We have to take those tips where they lead and if an establishment is found to be violating state law then the next time there is an inspection they are likely to be re- inspected. The department tries to balance time spent in the downtown business district with the needs of the rest of the City. It is a vibrant area and when we are not present violent unprovoked assaults frequently occur along with vandalism and property damage. In closing I would like to reiterate that issues brought up in the forum are oftergimes issues that I and my staff agree with however you have to look deeper at why *g'do �f what we do. It's dialog and openness that creates public trust and on behalf Of'al of'Me -� officers I appreciate your service and assistance with building that trust. Mi Sincerely, o ;z-1 y w N S muel E. adine Chief of Police September 16, 2008 Police Citizens Review Board — Community Forum Page 1 September 16, 2008 Police Citizens Review Board— Community Forum 7:30 P.M. Members Present: Michael Larson, Chair; Greg Roth; Abigail Yoder; Janie Braverman; Donald King Staff: Catherine Pugh, Legal Counsel; Kellie Tuttle Others Present: Captain Richard Wyss of the ICPD; and former PCRB member, Loren Horton Call to Order & Roll Call: Larson/ ...begin with item number one, call to order and roll call. Uh, Janie Braverman. Braverman/ Here. Larson/ Donald King. King/ Here. Larson/ Michael Larson is present. Greg Roth. Roth/ Here. Larson/ Abigail Yoder. Yoder/ Here. Larson/ Kellie Tuttle, and Catherine Pugh. Excellent. Item number two, presentation by former PCRB Member, Loren Horton, on the history and a summary of the PCRB. Welcome back, Loren! Presentation by Former PCRB Member, Loren Horton — History /Summary of the PCRB: Horton/ Thank you. Thank you for having me back. Ladies and gentlemen, I'm to talk about the history of the PCRB. It has been in existence a little over I I years, and I served on the Board for two terms, which means I was on for eight years, uh, the majority of the time that the Board's been in existence. I, uh, wanted to start off by, uh, pointing out that the Iowa City Press - Citizen on September 10th had an editorial about this, uh, PCRB Forum, and they pointed out, uh, three very important things, the changes that were made last, uh, November in the General Election by which the PCRB was made a permanent, uh, part of City government, not a, uh, necessarily as it was before, sort of a creature of the City Council. It was also given the power to subpoena witnesses, and it was required to hold at This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board — Community Forum of September 16, 2008. September 16, 2008 Police Citizens Review Board — Community Forum • Page 2 least one public community forum and this is the first one under that. I'm assuming we could hold more than that. Now I'm going to rely a good bit on, uh, memory, uh, for this, but I have two excellent assistants scattered throughout the audience. Catherine Pugh, our Legal Counsel, will be able to correct me when I make errors of fact, and Marian Karr has been around for the entire existence of the Board, and she has a razor -sharp memory and will be able to give me clues too. The Board was created in 1997, and the immediate impetus for the creation of the Police Citizens Review Board was an unfortunate incident in 1996, the accidental shooting death of a citizen by a police officer. As a result of that, there was a good bit of, uh ... uh, I'm trying to think of the right verb. There was a lot of upset about that, and a lot of the people who were upset about that appeared, uh, here before the City Council during the Council meeting time when things not on the agenda can be discussed, and it was, uh, very, very time consuming. Obviously we want citizens to have the chance to talk about what is upsetting them, but the City Council as a result of that incident and the after effects of it, decided to create the Police Citizens Review Board. I believe, Catherine, it's the first and only one in the State of Iowa, uh, and actually one of the few in the nation. Uh, it provides a venue by which citizens who have a complaint about the behavior of a police officer have a place to come and register that complaint and know that it will be investigated and a ... a conclusion will be reached, and the Police Department and the City Council will both be aware of what our conclusions are, as a result of the investigation and so on. But, uh, structurally, the Board was created in 1997, and there was, uh, some revision of it in 2001, and then the major revision of it in 2007. I thought I would, uh, point out that one of the things that the Board does, must do, is to, uh, have a good working relationship with the Iowa City Police Department, and I do want to say here that through the administrations of Chief Winklehake and Chief Hargadine, that has been true, and a member of the Police Department is present at our meetings, both to provide information and also to answer questions and to carry, uh, questions and information from the PCRB back to the Police Department. We've been very fortunate to have as our representatives from the Police Department both Chief Hargadine and Chief Winklehake have appeared at our meetings, but for the most part, our representative from the Police Department has been Captain Matt Johnson or Captain Tom Widmer. Captain Widmer is now retired and Captain Rick Weiss is, uh, the usual representative. They are there to, as I say, answer questions and to report, uh, back to the Chief if we have things that we want to discuss with him. I'm reading now from the ordinance and I want to be sure that you are clear about that, uh, there's one section of the ordinance that says, `The Board shall have no authority over Police disciplinary matters.' Also, another section says, `The Board is not intended to be a Court of Law, a torte claim process or other litigation process.' Another thing, and, uh, Greg, who's going to talk about the complaint process may get into this. `A complaint of the Board may be filed by any person with personal knowledge of the incident.' Now, during the, uh, time that I have been on the Board we have, uh, had complaints filed before the Iowa City Police Citizens Review Board that complained about the behavior of an officer of the Iowa State Highway Patrol, uh, one about the This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board — Community Forum of September 16, 2008. September 16, 2008 Police Citizens Review Board — Community Forum Page 3 University of Iowa Police. Those are not within our purview, not within our jurisdiction, and they have to be summarily dismissed. I think it would be very, very helpful if the public were very, very clear on that. It is the Iowa City Police Department and the officers of it that are the issue here. When we, uh, receive a complaint, there is a particular process and Greg will get into that, so I won't need to, but I, uh, do want to, uh, point out in the ordinance that not only do we have the right to subpoena, which was given to us last November, but prior, I shouldn't say "us" anymore. I'm not on it — excuse me! Uh, there are various levels of review. When we get a complaint, there are various levels of review that we can decide to use. We can, uh, refer ... we do refer ... we did, they do, refer the complaint to the, uh, Chief of Police who then, uh, does the investigative process and sends a report to us. We can accept that report on the record with no additional investigation; however, we can also, should we wish to, we can meet with the complainant. We can meet with other witnesses, as far as that goes. We can meet, uh, with the officers who are the subject of the complaint, although they have the right not to meet with us, and sometimes they have and sometimes they have not. We can request the Chief to do additional investigation. We can conduct our own investigation and we've always been able to do that, uh, and hire our own investigators, but now we do have subpoena powers. I was thinking before I came tonight of an instance when we might have wished to use the subpoena power before we had it, and the only time I can think of that that would have been an issue was one case — I'll try to ... try to keep from divulging anything confidential here ... the complainant lived in Iowa City and we were able to interview the complainant, but there were witnesses to the incident that the complaint was about and the witnesses lived in a faraway large city. We would have liked to talk to those witnesses and we did not have subpoena power; however, the Iowa City Police Department in their investigation also wished to talk to those witnesses, and so they engaged the services of the Police. Department in that distant large city, but it turns out that the, uh, witnesses, people involved as witnesses, had evidently given false names and addresses and telephone numbers so the police in that faraway distant city were unable to locate them. So the subpoena power, which we might have liked to use, would have been fruitless; we couldn't have found them either, I don't think. The Iowa City Press - Citizen article also noted that not very many complaints come before the Police Review Board, uh, and it cites that in 2008 we had six, fiscal year 2007 we had four. If they'd gone back one more year, fiscal 2006, we had 13. So, picking one or two years doesn't quite do it. I believe in the initial year or the second year was the peak number of complaints, and Catherine will help me with the numbers. It's in the 20's or 30's, which one was it? Pugh/ I think it may have been up to the 30's, Loren, and that was before my tenure, so ... um, but it ... (both talking) Horton/ I'm thinking that it was either 27 or 33, uh, complaints. Uh, now the issue of number of complaints, uh, can be looked at two ways. I'm probably getting far afield from the history, but it's a venue by which I can say what I think here. The, This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board — Community Forum of September 16, 2008. September 16, 2008 Police Citizens Review Board — Community Forum Page 4 uh, small number, few number of complaints, whatever is grammatical there, uh, may be an indication, and I hope it is, that the Police Department is doing a crackerjack job and there are no complaints against it. It may also be the ignorance of the people who might like to fire up complaints that they don't know how, they don't know they can. There's also the fact that they can file complaints with the Police Department itself, without coming to us, and contrary to what was said in one previous public forum, during my eight years we did have one other public forum, a citizen suggested that we stand down on the Ped Mall at midnight and hand out, uh, complaint forms, and we didn't think that was a very sensible thing, and so we did not do that. At any rate, I don't think the number of complaints, nor even the disposition of the complaints is a way to judge the need for the Police Citizens Review Board and the effectiveness of it, or uh, much else of what is going on. I think that I have covered enough of the history of it, uh, now and we probably should get into the complaint review process, which is really the meat of the matter. Thank you, Mike. Larson/ Thank you, Loren. Item number three, presentation by PCRB Member, Greg Roth, the complaint filing process. Greg. Presentation by PCRB Member, Greg Roth — PCRB Complaint Filing Process: Roth/ Okay, uh, created a PowerPoint for this, so if you'd like to look at that ... you don't need to. Um, but basically, but what I want to get across is if you have a complaint for the PCRB, um, how you would convey that, and it's, uh, it's not that difficult. You submit it to the PCRB, uh, you can submit a complaint through the Police Department or you can submit a complaint to both, either or both is fine. Um, there are many places you can get the complaint form, um, City Clerk in the City Hall, right across the hall here. You can get `em at the Police Department. You can get `em at the Iowa City Library, uh, the City of Iowa City has a web site, um, and I believe that you can go on there and print them off. So there are ... there are numerous ways or places that these are. If you'd like the web site, it's just icgov.org which is very common governmental -type web site. Now, we have limitations by the City Code that when we can and can't, um, hear a complaint, and one of them is time, and a complaint has to be filed at the City Clerk's office within 90 days of the incident, or the time that the complaint is about. Um, it is a simple, it is or it isn't within that timeframe. If it's not within that timeframe, we cannot hear it. Uh, it's not that we may not want to, um, we can't because the City Code section states it has to be within those 90 days. Now, first step is basically that we will receive, uh, the complaint form through the Clerk's office, and we forward it to the Chief of Police. Uh, as Loren was talking about, we have, um, ways in which we can investigate it ourselves, but that only comes after we receive the Chief's report and information that they have provided us and then we make a determination on that. So first the complaint goes to the Chief of Police. The Chief of Police assigns, uh, someone within the Police Department to carry out the investigation. If the complaint itself is against the Chief of Police, then the complaint is forwarded to the City Manager for that This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board — Community Forum of September 16, 2008. September 16, 2008 Police Citizens Review Board — Community Forum Page 5 investigation. And I am not sure if...if they would probably turn to an outside source for an investigation, but I'm not sure. ...getting a little off the screen here. Okay. Um, throughout this whole, um, process there are several time limits, uh, that we are placed under, and sometimes they work and sometimes they don't, and we need to ask for extensions, uh, one of them has to do with the Chief s investigation, and it needs to be completed within 90 days, and then the report, um, needs to be sent to the Police Citizens Review Board. Um, it is a ... a report that is very detailed, um, it's not a brief summary. It, uh, brings other pieces of evidence, such as the result of the interviews, um, audio, video, etc., from the squad cars and there's a lot of things that we can look at, before we decide how to proceed. Uh, if a good cause is shown for an extension, um, if the Chief requests an extension and we as a Board feel that he has a good cause, uh, then we will grant an extension, um, to extend that deadline, as far as when the Chief s report has to be to us. I kind of went ahead of myself here, but ... there are actually many sources that the Chief can use, um, to provide us with information. Uh, they ... they will interview the officers involved, uh, they will interview complainants, uh, if they can they will interview other witnesses, uh, like Loren was talking about with the one situation. Sometimes that's very, uh, difficult to do, uh, but they try, um, repeatedly, um, before they ... before they would give up. Um, the police -in -car video and audios, um, have really helped the Board. Um, they are, uh, a new tool, um, I guess. Uh, and it...it really clarifies a lot of situations for us. Now, with... sometimes in a complaint, there are more than one allegations. Sometimes there's one allegation, two allegations, or more, and the Chief's report will come to a conclusion on all of those allegations, and basically is the complaint, or the allegation sustained, or is it not sustained. And generally, this is the same thing that we are thinking about when we look at the Chief s report. Copies of the Chiefs report go to the complainant. They go to the PCRB. They go to the police officers that are involved directly, and they go to the City Manager. And so before we have even started, um, to think about what we are going to do with this complaint, it is pretty well distributed. First thing, uh, that we're going to do is we're going to talk about what level of review we are going to use, and Loren covered that very well, as far as are we going to investigate it on just the, uh, just the facts we have. Are we going to call for more, uh, witnesses, you know, and now we have a subpoena power, uh, where we can actually compel people to come before us. Uh, the majority of the time, uh, we feel very comfortable that the Chief s report has been very thorough and is accurate and we really don't need anything else. Um, but we will do that as the evidence, as we see it before us, if we think something, um, you know, maybe we need a little bit more or something like that, we will ... will ask (mumbled) Oh, if you want the section that these are under, if you'd like to look it up, um, City Code it is Title 8, Chapter 8 of the City Code, so it's 8.8 -7. Thank you. Okay, when we have discussed the allegations and the Chief s report as they pertain to the allegation, or as it does, we will then, um, as a board, um, make certain decisions. If we sustain or ... or don't sustain what the Chief s report has said, and actually it's very, um, it's very ... what? Stated in a certain way. We have to decide basically is the Chief s report, you know, capricious or, you know, other kinds of words that are This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board — Community Forum of September 16, 2008. September 16, 2008 Police Citizens Review Board — Community Forum Page 6 in the City Code, um, but we are supposed to do that within 45 days. Sometimes, again, uh, due to ... we only meet once a month, there are other things. We can't, um, always meet this deadline so we can request the City Council for an extension, and that has not been a problem, that I know of, since, um, since we've ... since I've been on the Board anyway. And our report ends up an awful lot, and not necessarily in substance, but in form, uh, like the Chiefs. We come to a conclusion of the allegations, and we support what the Chief has found or we, uh, don't support it. I mean, we find it's not sustained or it is sustained. And then, copies of our report go to the complainant, the police officers, the City Manager, and the City Council. And here's the wording, um, from the Code. Uh, we may recommend a reversal of the Chief s findings if they are unreasonable, arbitrary, capricious, or are contrary to Police Department policy or practice, or any federal, state, or local law. Uh, we get, um, copies of the Police Department's policies and practices as they are updated, and um, we also have available as all, as you do, um, through the internet of all the policies that the Police Department has and so if there is something that is, you know, unreasonable or inconsistent with those, we may recommend reversal. Now as far as the Board's actual authority, um, we have very, very limited, um, power. We can review, and we can suggest, um, but that's about it. Um, we don't have any power over... or discipline that the Chief may use or may not use. Um, we can make recommendations, and uh, we have a couple times in the past, um, but as far as actually deciding a criminal matter or a civil matter, we don't have that ... that power. If you would like to get a hold of the Police Citizens Review Board, uh, the address is here, 410 E. Washington Street, Iowa City, Iowa 52240. The telephone number — 356 -5041 and again, um, I'll take you back to the City web site at icgov.org. Larson/ Thank you, Greg. Item number four, presentation by representative from the Iowa City Police Department, Captain Rick Wyss, and unfortunately Captain Wyss is going to have to depart immediately after this. He has other business to attend to, so I will hand it over to you, Sir. Presentation by Representative From the Iowa City Police Department — ICPD Formal/Informal Complaint Process: Wyss/ Thank you, and thanks for having me. I think the way I want to start this out. I was asked to give a presentation on the process that we follow when we receive a complaint. And first thing I want to address is there's a, uh, this item number four is listed as ICPD formal/informal complaint process. I want to make it very clear that the Iowa City Police Department policy does not provide for any informal process of a complaint review. The informality only speaks to the manner in which we receive those complaints. A formal complaint is one which is written out, signed with a name. However, at the Police Department we take any number of complaints from a number of different sources. The source can come from emails, from letters, from phone calls, from a face -to -face with a watch commander, and those complaints are accepted, and once we're at the stage where This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board — Community Forum of September 16, 2008. September 16, 2008 Police Citizens Review Board — Community Forum Page 7 there's a complaint and we've identified a complaint and the possibility of problematic behavior the procedure becomes formal. And so if I can just emphasize that there is no informal investigative process. The informality of this is only in the manner in which we receive that complaint. We, like the PCRB we don't have a time line. We've accepted complaints that have been well beyond 90 days, uh, as limited by the PCRB and typically the process that occurs is when a complaint comes in, if it comes in from the PCRB or from a formal complaint, it goes through the Chief's office and it is assessed or it's evaluated. If a complaint is received through a watch commander, again, it is evaluated in the same manner. The complaint is looked at, at face value. An evaluation's made trying to determine if given all the circumstances described in this complaint, if everything in it is accurate and true, what is the likely disciplinary action that's going to happen. If it's a minor infraction and the disciplinary action is likely to be, uh, at a level of counseling the officer, uh, additional training, maybe a, uh, minor written reprimand, then a supervisory review will take place. And the supervisor will at that time try to talk to the complainant if they're available; identify any witnesses, if they need to contact them; they'll certainly speak with the officer; uh, review any physical evidence, such as the in -car camera systems; and they'll try to make a determination on if the complaint is sustained or not sustained. In any event, regardless of what happens, the supervisor at that point will complete a report, which will be filtered through the chain of command, up to the commander of field operations, as well as the Chief of Police. Uh, the supervisor can take immediate steps to remedy this complaint. If it's like I said counseling or up to a minor written reprimand, it's reviewed by the Chief of Police and the Chief can certainly agree with that assessment, or he can disagree and ask that further information be, uh, obtained or further investigation be completed. If during that review process the allegations are more significant and the disciplinary action is more punitive, such as suspension or the officer gets days off, or um, demotion or termination of employment, at that point an internal investigation is assigned usually to two inves ... two supervisors will conduct the investigation. Those investigations are conducted very similarly to criminal investigations. We gather all the evidence we possibly can. We interview the witnesses. We interview the officers, and we interview the complainant. The one exception to the criminal case is when we interview the officer, we have the authority to compel the officers to make a statement. Uh, they don't have a choice. They have to answer the questions set forth before them. So, at any time during this process, if we develop probable cause that a criminal offense has occurred, that there's been a violation of state, local or federal laws, then we have to consult with the City Attorney's office and review where we're going to go with that, if other agencies have to be notified, if another agency will be called and asked to do a joint criminal investigation, alongside the internal investigation, and the reason that's important is when we do the internal investigation and we compel the officers to make those statements, those statements cannot be used in any subsequent criminal investigation. So, those two investigations must be kept separate and for that reason we usually call in an outside agency, get the DCI or other agency to conduct the criminal aspect of the investigation. The goal is to have these This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board — Community Forum of September 16, 2008. September 16, 2008 Police Citizens Review Board — Community Forum Page 8 investigations completed within 60 days, and the ... the investigators, or the supervisor who are conducting those investigations have five separate classifications where they can classify their findings. The first one is unfounded. Unfounded means that the evidence clearly shows that the allegations that were made are not true. The second one is exonerated, and that's a situation where the investigation shows that, uh, the allegations as stated are true, however, the officers were legally justified within the policy when they committed those acts. We can classify the allegation as not sustained, and that means that there's not sufficient evidence to say either way that the allegations did occur, or that the allegations did not occur. The allegations can be, uh, classified as sustained, whereby the investigation clearly shows that the allegations as stated occurred. The fifth classification we have is policy failure, and that's a situation where the allegations as stated were true, the investigators feel that those actions were inappropriate; however, they were acting within the policy and procedures at ... of the Police Department. At that time the main focus would be on the policies and procedures, and to, uh, make the corrections necessary. Once that report is completed, the investigators will also recommend any disciplinary action, if necessary, and again, it's filtered up through the chain of command. It is reviewed by the cap ... commander of field operations and it's also reviewed by the Chief of Police. Anyone of those two levels can return that for further investigation to have other questions answered, and at the point where the Chief is satisfied with the investigation, he's the one that makes the final determination on any disciplinary action. The Chief is allowed to consider previous disciplinary actions, as well as employment history, when he makes that determination or disciplinary decision. Uh, in any event, all complaints, all sustained complaints are retained in the employee's personnel file. Any of the other complaints are retained in the internal investigations file, but it's not like they sit there and gather dust. Those complaints are reviewed, uh, those complaints are reviewed for evaluation purposes on the officers, that those complaints were filed against. They're also reviewed to assess training and equipment needs and assessments. They're reviewed to assess the needs to change policies and procedures, as well to assess the adequacy of supervision on the street. Ideally, we'd like to never hear a complaint about any officer, but the reality is things are going to happen. Sometimes officers makes mistakes, or sometimes there's just situations that could be handled better, and we've always been open to getting that feedback, so if there's corrections to be made, we want to be able to make those corrections, and um, we're also open to positive reinforcement. If officers are out there doing a good job, we like to hear that information too and pass that on. Thank you. Larson/ Thank you. Item number five, public discussion with the Police Citizens Review Board. Please ... please state your name and speak slowly we can get it on record. Public Discussion With Police Citizens Review Board: Able/ My name is Dean Able. I'm a citizen of Iowa City. First I'd like to thank the Board Members, past and present, and welcome the new members, and thank you This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board — Community Forum of September 16, 2008. September 16, 2008 Police Citizens Review Board — Community Forum Page 9 for your service to the community. I feel it's a very important service, and I appreciate the time and effort that you take. I have one question that, um, partly a point of fact that I may have misunderstood something that Mr. Roth said, um, but I think one concern of people ... is the issue of multiple complaints from a citizen complainer, or multiple allegations against a particular officer. And I think we can see why this is important. Some citizens may be cranks, and make multiple complaints, and this needs to be considered. On the other hand, if a particular officer would receive multiple complaints, this in itself, I think, is an issue. My understanding is that when you examine the complaints in executive session, that the complainer and the officers are anonymous. If that understanding is correct, I'm interested in the comment Mr. Roth made about the use of audio and visual tapes. Obviously anonymity would not be preserved in executive session, if you were seeing this material, and I recall attending a recent meeting of the Board where this problem of anonymity in tapes was discussed and actually, uh, was presented as a reason not to use those tapes as evidence to the Board. So my question or concern is, uh, are the tapes really available to the Board to view and listen to, and second, what kind of safeguards do you have to handle or to be aware that a particular officer is receiving multiple complaints, or that a particular citizen is making multiple complaints? Am I clear? Thank you very much. Larson/ Thank you. To make sure I understand your question, you're asking about the use of the in -car audio and visual, uh, evidence, and your second part of the question is, multiple complaints against the same officer? Okay. Um (unable to hear other person talking) sure. Able/ What I'm asking is, do you have in ... do you have a process to track this kind of information? Larson/ Track multiple complaints against an officer? Able/ Yes, rather than saying we have four complaints against four different officers, is a very different thing than recognizing that you have four complaints against a single officer, just as having four complaints from four citizens is a lot different than having four complaints from one citizen. Are you able to evaluate that ... is my concern. Larson/ Thank you. Roth/ I'll address both of those. Um, first as far as the audio /video concerns, um, presently, um, we cannot view the video portions of the tapes because they haven't found a way to keep the, uh, the officer's identity hidden, um, because it's difficult because the officer's moving around, etc. We have, uh, accessed through the audio portions and that is ... so we have access to those, okay, so right now we're kind of half and half, um, as ... I hope that addressed the first concern, and the idea obviously is, if a way can be found, um, hopefully we'll see audio sometime. I would love to. Um, there ... they can clear up a lot of things very This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board — Community Forum of September 16, 2008. September 16, 2008 Police Citizens Review Board — Community Forum Page 10 quickly. Um, the second, um, item is about multiple complainants or multiple ... of complaints against an officer or multiple complaints by one person. As a board, um, we need to stay neutral, and for us to have information about a certain officer having numerous complaints against them, or on the other hand, a complainant bringing many questions before the Board, um, may very well or could prejudice the Board, and the idea of us not knowing who they are is to prevent this kind of prejudice in our decision making. And so we take each incident as it occurs on the facts of that incident. That kind of...of information as Captain Wyss stated would be used by the Chief, who of course the officers are not, um, you know, anonymous here, and would use that in a disciplinary action, um, but we do not have... Able/ I asked this question, uh, at a Board meeting and received an answer verified by Council, that the officers were assigned a number, therefore, you would not know the identity of the officer, their anonymity would be preserved. But if number 27 kept showing up, my understanding was this is the way the information is presented, that every officer has a secret number and that that number is in the report, and so you would recognize if there was an officer who was the subject of multiple complaints. That's what I was told. Am I in error? Or is that the way it's done? Roth/ I don't believe that's the way it's done, but I will refer to Counsel on that. Pugh/ May I, Greg ... okay. Um, I did and that is the case. There are numbers assigned to the officers, uh, the PCRB does not keep track of those numbers and for the reason, particularly that Mr. Roth addressed, we're trying not to take into consideration past events whenever a complaint is reviewed, and furthermore, even if the PCRB did note multiple complaints against one particular officer, it wouldn't have any effect on how they handled the complaint, because they have no power over the consequences to the officer, and I have one small correction. The PCRB is aware of the complainants' identities. So we do know if we've got several complaints from one particular complainant. Does that help? You're welcome. Roth/ There have been situations where information has led me to I know who the officer is, and I've excused myself from that ... from that case. Cox/ Jeffrey Cox (unable to hear others talking) hi, I'm Jeff Cox, I was, uh, one of the, first again, I want to repeat what Dean said and thank you for taking on this job. There's better ways to spend an evening, I'm sure! Uh, and uh, I really think that having a degree of accountability to the police is really fundamental to a democracy in making that visible and you do that, and I, uh, really appreciate the work that you do on this. Um, one of the jobs of the PCRB as I understand it is also to give advice to the City Council on policing policy, not internal matters but on policing policy generally, and that's one of the things I want to address tonight, uh, because we're in the middle of a debate about a new jail, and one of the This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board — Community Forum of September 16, 2008. September 16, 2008 Police Citizens Review Board — Community Forum Page 11 distinctive things about Iowa City is that we ... city taxes don't go to pay for the jail, but we fill it up, we being the City. Uh, and ... and it puts the Sheriff in a rather difficult position because, uh, County taxes go for it and the Sheriff goes for it. Uh, I was the treasurer of a, uh, political action committee called the Citizens for Alternative to a New Jail, which uh, conducted essentially a campaign against, uh, the bond issue for the new jail, back in 2000. Uh, and uh, you know, one of our arguments then was that we should try to reduce the need for a jail by reducing the volume of people who are going to the jail. The current jail holds, I believe, 96 people, double - bunked. The jail proposed in 2000 held 330, uh, proposals for the new jail run 250 to 420, and so forth. Uh, we need about 150 a night at peak, in order to accommodate our current flow of prisoners into the jail, and uh, I myself think we need a new jail. I just...I'm worried though that we are going to overbuild it. Now, when ... in terms of capacity... when the bond issue failed in 2000, and you may recall that the ... the jail got 30% of the vote in Iowa City. It needed 60% countywide, it got 30% in Iowa City and it got 35% countywide, so it was a disastrous failure. I mean, it was an extraordinary rejection of...of a jail. Uh, the uh, Sheriff, Lonnie Pulkrabek, uh, actually campaigned on and has carried out his campaign promises to work to find new alternatives to the jail, to try to find ways to keep up with people who are outside the jail, to use electronic bracelets, to use diversion programs, uh, of course what he's trying to do is build a case for a new jail by showing that things are being done to reduce the capacity, or reduce the need for it. Our court system has gotten drug courts and diversion programs at work, in cooperation with the County Attorney, but as near as I can tell, the Iowa City Police Department has been completely uncooperative in this. That is, it is the one body that has done nothing to help, uh, reduce the demand for the new jail. Uh, and I've got the ... the Department of Public Safety puts arrest rates for different, uh, counties in Iowa on the web, and you know, I ... they're very slow in getting them up, but on the last year that I looked, uh, which was I believe 2006, uh, the arrest rate for drugs in Iowa City was, this isn't the number of arrests, it's the rate per 100,000. There were 798 arrests per 100,000 people. The comparable arrests in Ames, same size town, same number of students, uh, 188 per 100,000. One - quarter the arrest rate. I ... and, I mean, there's ... we have a good reason to believe there's more alcohol being consumed in Iowa City, but we have no reason to think there's more marijuana being smoked, none whatsoever. Uh, you know, and also if you look at the arrests for public intoxication, the Iowa City Police arrest rate for public intox, 1,536 per 100,000. The Ames City Police arrests was zero. They arrested not one single person for public intoxication. The, uh, the, uh, apparently they leave that to the Iowa State and University police. Now, we have 50 bars in downtown Iowa City and there are only 14 in Ames, because we have a 19- year -old drinking age, and so we've got a problem with alcohol, but the problem with marijuana is a rather different matter. Uh, we are taking very large numbers of people to jail who spend the night in jail and take the County resources for this. Many of them arrested not even for simple possession, but for constructive possession, which is an arrest of someone who's in the room where someone else is in possession of marijuana, and I think it's going to be very difficult as long as the Iowa City This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board — Community Forum of September 16, 2008. September 16, 2008 Police Citizens Review Board — Community Forum Page 12 Police continue this high arrest policy, and I don't think Iowa City is over policed in terms of numbers, but I ... if you look at the figures, you would assume we're over policed, but I ... I don't think we have too many police officers, but these are questions of policy. They're questions of police policy. And I think it's, you know, there ... more recent statistics, these statistics that were in place before Chief Hargadine came in place. There might be better ones. I hope there are, and I would be delighted to see that there are, but I think we're going to have a very hard time, uh, persuading voters to build a large new jail if we don't have some visible modifications in policing policy in Iowa City, and I think we ought to do that. We ought to be good citizens and ... and try to cooperate with the Sheriff and the court system. So, I'd encourage you to pass these views on to the City Council. Thank you. Hanson/ My name is Peter Hanson. I'm a resident of Iowa City. I have, uh, several issues, although they overlap with what's already been said. Uh, first of all, I'm not personally familiar with any of the five of you, and I'm kind of curious, I assume this is not a high - paying job serving on this Board, and I'm wondering what you do in the real world, and do any of you have law enforcement experience or are any of you attorneys or what sort of background you have. That's the first one. Uh, second one, follow up on Dean's. Did I understand correctly that, back in the year when you got 27 complaints, if they were all a complaint about the same officer, you would not ... you would not know that? Or did I misunderstand the answer? Pugh/ And again, that was before my tenure. They may have known that it was against the same officer, but it would not have had any effect on how they handled each complaint. That would have been a matter for the Police Department. That would have been a disciplinary matter. Hanson/ So the impetus of accumulative problem, uh, the Board doesn't make recommendations or anything. It's up to the... Pugh/ It's outside the purview of the Board. Hanson/ Uh, third item, a friend of mine said she submitted a letter, uh, in which she made a suggestion or recommendation and she was told that recommendations were outside of the purview of the Board. The Board simply handles complaints and nothing else, which would also relate to what, uh, Jeff Cox said, uh, he's making a suggestion and a change in police policy. Is ... is that something which this Board is open to hear, and to pass on if they feel so inclined, or uh, does the Code simply say that all they can do is deal with complaints? Uh, fourth item, uh, Mr. Horton in his remarks indicated that ... that you are the only Police Citizen Review Board in the State of Iowa, and I don't doubt that, but he also added that you're one of very few in the nation, and I don't think that's correct. I think many large cities have, uh, police review boards, citizen review boards of some type, but I could be wrong. So anyway, going back to the beginning of the list, could This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board — Community Forum of September 16, 2008. September 16, 2008 Police Citizens Review Board — Community Forum Page 13 you introduce yourself and give a little background on who you are and... and specifically, uh, do you have any law enforcement experience, any criminal justice experience, legal experience and so forth. Larson/ Thank you. Would you like to begin? Braverman/ Sure. I'm Janie Braverman. I am new to the Board as of the first of this month, first of September. I have 24 years experience in the practice of law, not in the criminal, uh, arena. I was a real estate and business and environmental lawyer in Denver for 24 years. I've been in Iowa City for four and you're right. This is not a high paid position. It's actually volunteer position. You're correct about that. King/ I'm Don King, and um, I've been on the Board since June of 2007. Uh, was a police officer for five and a half years in Anchorage, Alaska, and uh, I joined, uh the Board as a volunteer. Larson/ My name's Mike Larson. I'm a program manager at a local company, and I've been on the Board for three years; been a citizen of Iowa City for 35. Roth/ My name is Greg Roth, and I have ten years of law enforcement experience, and I've been teaching criminal justice for 14 years since that. Um, I'm pretty much a life -long, well, guess I can't say that yet, but um, up to now, I've only spent eight years of my life outside of the Iowa City, North Liberty, Coralville area so uh, left for a while and then came back. So I pretty much call this my home. Yoder/ My name is Abbie Yoder. I'm a recent graduate of the University, but I've been here six years. Um, I don't have any law enforcement experience. I work here at the City as a flood recovery assistant currently, and I don't know if that covers pretty much (mumbled) Hanson/ And the question regarding recommendations — does this Board have any authority beyond handling complaints. Guess you're probably in the best position to... Pugh/ Yeah, the Code does allow for the Board to make recommendations to the Police Department or to the City Council about police. Hanson/ Well, then I'm curious as to why my friend was, when she submitted a letter, I think was told by Kellie that, uh ... some reason it wasn't appropriate. Pugh/ I just, I looked at the letter very briefly. I... Hanson/ I don't refer to the content of the letter, but ... is it appropriate for someone to submit a letter to the Board, making a recommendation regarding a certain practice or something. This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board — Community Forum of September 16, 2008. September 16, 2008 Police Citizens Review Board — Community Forum Page 14 Pugh/ Certainly, I... Hanson/ So Jeff was not out of order, uh, suggesting you change a policy, in other words. Pugh/ Well, no, we can't change a policy. Hanson/ He's not out of order suggesting that you recommend to the Police that they change a policy or something. Pugh/ No, it's not out of order, but, yeah, I mean, the simple answer is that the PCRB can make recommendations under their ordinance to the Council and to the Police Department. Hanson/ Which means that citizens like Jeff can suggest that they make a recommendation, and they may or may not... Pugh/ And I believe he did that, made that request. Sure. Hanson/ Thank you. Larson/ Thank you. Dieterle/ I guess, Dean, that those of us who didn't sign in ahead are supposed to sign up so you should... Larson/ I wrote your name down. Dieterle/ Oh, okay. Um, I'm Caroline Dieterle and I am a citizen of Iowa City. I've lived here since 1968. And I am very glad that we have the Board, that you people are serving on, and I thank you all so very much for your time and your effort that you're putting into this, because I know that it does, uh, take a chunk out of your personal time, and I'm grateful. Um, when I heard that there were, uh, few complaints, you know, I think that few complaints is an evidence of a good situation, and not evidence that, uh, it's an underused resource of some sort that isn't doing anything. I think that it's very reassuring, uh, for the people of Iowa City to know that we do have this Board. And using once again, as we did in the campaign, the analogy of an insurance policy, um, you buy an insurance policy and it's very nice to have one, even if you never make any claims on it, because that means that things have been peaceful. And speaking of peaceful, I also would like to, uh, make a suggestion for you to say something to the Council, um, I agree very much with what Professor Cox said, um, I know because of my time, um, working at the University that the social sciences in particular have become very fond of quantifying things. They want to emphasize the science part of social science. And of course to do that that means gathering a lot of statistics, and in order to get the statistics, uh, you -know, let's say if you're a police This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board — Community Forum of September 16, 2008. September 16, 2008 Police Citizens Review Board — Community Forum Page 15 department, that means you know the number of stops, the number of arrests, and so forth that are made. And I, just as I think that it's a faulty way to look at history or economics or any of the other social sciences, I think it's a faulty way to look at the police department too, because to me a successful police department keeps the peace, and if people are not bothering anyone, um, regardless of what they're putting into their bodies in terms of alcohol or marijuana, um, if they're not bothering anyone else and they're not committing any property crimes and they're not driving intoxicated, um, the best thing to do is leave them alone and have the police concentrate their efforts on trying to find the people that commit the assaults, the burglaries, the vandalism, that sort of thing that we have had more or less a rash of lately. And I think, speaking with people who live in my neighborhood, that that is a sentiment that is not mine alone. I think a lot of people respect the work that the police do and that under, uh, Chief Hargadine, in particular, I think things have improved over the last couple of years since he was hired. Um, but you know as Professor Cox mentioned, um, you know, gathering statistics of how many traffic stops are made or how many PAULA arrests there are, um, to me isn't the measure of a good police department. So I don't figure ... so I don't favor those things. Um ... it's easy to think that because we're a bigger town that that means that we have to have more crime. You know, I don't really believe that that's true. Um, I think the things that cause more crime, uh, are other factors that come into play, and uh, so I don't think that it's being foolish to think that we can go back to the age that I can remember when I came to town here, when the police did basically keep the peace. I mean, if you did anything bad, you were in big trouble. You just ... they caught whoever did it! And um, I worked at the jail as an interviewer and so I knew basically who was being pulled in, and I think a very good job was done by local law enforcement. Um, and I think that, you know, I work at the paper now, the University Daily Iowan, and I tend to hang out where the students are and I think most of, the vast majority of the students are very, very, uh, peace loving people who aren't about to make trouble for anybody. Um, I'm always glad when I read the police review... police, the police report in the paper and I see that somebody who's been arrested for public intox has also been arrested because they've done something else. You know, they've done something that would tend to indicate that they have been, you know, in an antisocial attitude. Um, you know, they have urinated in public, they have gotten into a fight, um, you know, they've done something else. Um, the arrests where it's just simply a case of PAULA, nothing else, or simple possession of marijuana, uh, I always wonder whether the person in ... in this case was simply in the wrong place at the wrong time, and became a statistic. And I think that the less we have of that, you know, the better off we are. Um, but as I said, by and large, um, we live in a very nice community and I think most people want to keep it that way and I think if you say something to the City Council, I'd be very appreciative. Thank you. Larson/ Thank you. Okay, item number six, consider a motion... certainly, please! Fidelis/ I didn't sign up because I didn't intend to, uh, make a statement. This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board — Community Forum of September 16, 2008. September 16, 2008 Police Citizens Review Board — Community Forum Page 16 Larson/ Sure. Fidelis/ I'd like to reiterate what Caroline has said and a few other statements. Larson/ Can we get your name, please? Fidelis/ Uh, my name is Libris Fidelis. I'm a member of Johnson County Green Party and I'm also a resident of downtown, uh, downtown Iowa City. Um, my involvement with the City Police Department has been very sparse. It's only been happenstance, and occasional official business when I wasn't at fault for anything. So, uh, from what I have seen from pretty much a distance without evaluating the Police Department itself is that the officers and the, uh, Police Chief are very professional. I find the officers to be very, uh, congenial, very fair and honest. I don't know about certain incidents; however, I would like to give a... a background idea about other cities, such as in Los Angeles where there's a terrible conflict between the citizens and the police department, who has been known since the 1930's to conduct civil investigations that were, uh, predatory on the public, and then there was also St. Louis where I lived for three years, and uh, the city council and the mayor were very much against having any citizens on the police review board. Uh, the thing was though that although most of the officers in St. Louis were dedicated and very good officers, um, it just kept coming up in the newspapers that there were shootings all the time of people that were illegitimate, and it just kept coming up and coming up, so the review board is still being pushed by many citizens to be formed, and um, we are very fortunate to have one here. Um, the thing about our review board is, uh, incidents can happen. Uh, the best police department in the world cannot have a, uh, police department that's totally free of any kind of, uh, malfeasance or whatever by individual officers who may come along occasionally, or even officers who in some kind of stress may make a bad decision, and that's where our citizen review board comes in. Um, the citizen review board prevents an issue from becoming dormant, or uh, overlooked or forgotten, and in this process it also shows a police department that there is a non - police department agency that does have the authority to review and consider what has happened, and that brings the issues up to the police department which keeps the police department aware that they also are a part of the community, that they're not just some overlord. Um, basically, uh, the only things I've seen that I really don't like is one thing, uh, by our police department was the harassment of certain bars. Now, I do not advocate the bar mentality. I don't like it, but it is a business and if people are willing to be responsible, and if the bars are responsible as businesses to not promote drunkenness in public and um, possible liabilities due to drunk driving and so forth, then um, for whatever reasons that they exist, uh, they have a right as a business because our society accepts this, and until our society decides that we don't want alcohol to be a part of our society, um, we basically have to treat them as a business, which is what City Council has maintained all along. But, there are incidents where the, um, police department has had certain campaigns against certain bars, and uh, I think This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board — Community Forum of September 16, 2008. September 16, 2008 Police Citizens Review Board — Community Forum Page 17 that basically if someone does something wrong, it should be cause and effect. It shouldn't be a matter of, well, we don't have much to do tonight so let's go out and at least justifying our being here by getting somebody into trouble. And that is very vaguely what I see on the undercurrent against these bars. Now, this is a city, uh, problem that has to be addressed, possibly by elections with the public deciding how they're going to regulate bars and so forth. But overall, I think that the police department has to take the same stance that cause and effect rules, and I think that's what needs to be promoted, and like I say, I think the Police Chief and the overwhelming majority of the police officers do an excellent, outstanding job, but there are these certain little incidents and we have to protect it, and that's what your job is there for, and I appreciate it. Thank you. Larson/ Thank you. Sure. Opstad/ My name's, uh, Galen Opstad. Larson/ I'm sorry? Opstad/ Galen Opstad, and um, I've been a member of, uh, citizen of Iowa City from 2003. I'm a super - senior, um, my first incident with, um, and only official one with the University, or with the police, was I received a PAULA from an officer when I was 19, and it turned into about a 20, 25- minute ordeal and I'm still friends with that officer today. It was a very pleasant conversation, um, had about two sips of my drink and it was the most expensive beer that I've ever had in my entire life! But, um, fortunately enough I've worked at enough downtown establishments that I've gotten to know other officers, and I ... I must say that I think Iowa City is a great town and from, uh, one of the reasons I just chose to speak is because nobody else my age has, and so I don't think you guys are aware of what goes on downtown, um, after 10:00, 12:00 at night. Um, I'm a political science major and social studies, and I also ... so I talk with, um, a lot of counselors and stuff and the amount of inebriations coming into, uh, clinical assessments, the, uh blood alcohol levels, the consistency of the levels are up. It used to be a .15. A .3 is not uncommon these days, and there's been all these talk, this talk lately, editorials in the Daily Iowan's about these defenseless people that are trying to walk home drunk. When you're walking home with a. 3 BAC, that's... that's when crime occurs. Maybe not that person, but something's going to happen to them, and that's proactive police work in my opinion. Um, that officer is saving that person from something terrible happening to them, and there's, they're not targeting anybody, um, and I would invite any of you to go downtown, um, on a Friday, Saturday night and see what ... what goes on just there, because it's a madhouse. It really is, but um, I've been fortunate, again, to know a couple guys and um, I really would like to say that this is a great down. So, um, I think you really should check out what goes on downtown and what they deal with, because it's ... it's not pretty. So... This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board — Community Forum of September 16, 2008. September 16, 2008 Police Citizens Review Board — Community Forum Page 18 Larson/ Okay. Thank you. Okay. Item number six, consider a motion to accept correspondence and/or documents. Consider a Motion to Accept Correspondence and /or Documents: King/ So motioned. Larson/ Motion by King. Roth/ Second. Larson/ Second by Roth. All in favor say aye. All opposed same sign. Motion carries. Any discussion? (mumbled) Has everyone read it? Okay, discussion? (several talking) Correct. Braverman/ I don't see why not. Is this the correspondence you were talking about? Um, is your ... what's your friend's name? (unable to hear) Yes. Would you like to read it? Or did you want one of us to? (unable to hear) Sure. I'd be happy to do that. To Police Citizens Review Board forum input, please accept this letter as input for your September 6th hearing. I will be out of town and cannot attend. I would like to suggest that the Iowa City Police Department undertake a public information and enforcement campaign regarding state law on pedestrian rights. The trends in transportation toward increased use of public transportation, bicycles and walking, already popular in Iowa City, are being accelerated by the high cost of gasoline. The City of Iowa City and the Johnson County Council of Governments have recently adopted a complete streets policy which calls for planning all new or substantially rebuilt streets to accommodate bicycles and pedestrians. Yet, the majority of automobile drivers seem to be unaware of state laws, setting forth conditions under which pedestrians have the right of way. At any rate, most disregard these laws if they are aware of them. There is a fine stipulated for violation of these laws, yet I have never seen announcements of any citations or fines listed in the press. Iowa City has seen instances of pedestrian deaths due to disregard of these laws by motorists. I often feel that I am taking my life in my hands when attempting to cross streets legally at intersections. Some recent signage attempts by the City are a step in the right direction; however, motorists will not change their habits unless there is a consistent public information campaign, underscored by consistent police enforcement with imposition of fines for violations. This is not an unrealistic idea. There are other states in which this has become a statewide habit, and the pedestrian is regularly seated right of way when crossing legally. Chapter 321.327 of the Iowa Code provides that pedestrians have the right of way at "anymarked or unmarked crosswalk at an intersection." In addition, Chapter 321.353 provides that "drivers must stop at the sidewalk" when exiting or entering driveways. Chapter 321.329 provides that motorists must "avoid colliding with pedestrians." Let's begin to enforce these laws in Iowa City. Resources devoted to this will benefit many This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board — Community Forum of September 16, 2008. September 16, 2008 Police Citizens Review Board — Community Forum Page 19 more people than some other enforcement campaigns now underway. Thank you for your consideration. Carol Spaziani. Larson/ Thank you. No discussion then? All right, item number seven, consider a motion to adjourn. Adiournment• Yoder/ So moved. Larson/ Motion by Yoder. King/ I'll second. Larson/ Seconded by King. All in favor say aye. All opposed same sign. Motion carries. Thank you everyone. This represents only a reasonably accurate transcription of the Iowa City Police Citizens Review Board — Community Forum of September 16, 2008.