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HomeMy WebLinkAbout11-18-2008 Police Citizens Review BoardAGENDA POLICE CITIZENS REVIEW BOARD November 18, 2008 — 5:30 P.M. LOBBY CONFERENCE ROOM 410 E. Washington Street ITEM NO.1 CALL TO ORDER and ROLL CALL ITEM NO. 2 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED • Minutes of the meeting on 10/28/08 • ICPD General Order #99 -12 (Field Interviews and "Pat- Down" Searches) • ICPD General Order #00 -08 (Weapons) • ICPD General Order #07 -02 (Detainee Processing) • ICPD SOG #01 -22 (Training, Special Assignments) ITEM NO. 3 OLD BUSINESS Information Sheet for Filing a Complaint Follow up on Community Forum Complaint registry/Monitoring System ITEM NO. 4 NEW BUSINESS • Policy regarding Legal Counsel research ITEM NO. 5 PUBLIC DISCUSSION ITEM NO. 6 BOARD INFORMATION ITEM NO. 7 STAFF INFORMATION ITEM NO. 8 CONSIDER MOTION TO ADJOURN TO EXECUTIVE SESSION based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22 -7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. ITEM NO. 9 MEETING SCHEDULE and FUTURE AGENDAS • December 16, 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 • March 10, 2009, 5:30 P.M., Lobby Conference Room ITEM NO.10 ADJOURNMENT MEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City DATE: November 14, 2008 TO: PCRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on November 18, 2008 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 11/18/08 • Minutes of the meeting on 10/28/08 • ICPD General Order 99 -12 (Field Interviews and "Pat- Down" Searches) • ICPD General Order 00 -08 (Weapons) • ICPD General Order 07 -02 (Detainee Processing) • ICPD SOG 01 -22 (Training, Special Assignments) • PCRB Complaint Deadlines • PCRB Office Contacts — October • Draft Update of Information Sheet • Draft Letter to Council regarding 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 — October 28, 2008 CALL TO ORDER: Member Donald King called the meeting to order at 5:30 p.m. MEMBERS PRESENT: Janie Braverman (5:31), Greg Roth, Abbie Yoder MEMBERS ABSENT: Michael Larson STAFF PRESENT: Legal Counsel Catherine Pugh (5:34) and Staff Kellie Tuttle OTHERS PRESENT: Captain Richard Wyss and Officer David Schwindt of the ICPD; and public, Caroline Dieterle RECOMMENDATIONS TO COUNCIL None. REPORT FROM NOMINATING COMMITTEE Roth and King were appointed to the nominating committee at the September 9th meeting. King reported that the committee had met and would like to nominate Michael Larson for Chair and Donald King for Vice - Chair. CONSIDER MOTION TO FIX METHOD OF VOTING Motion by Roth, seconded by Yoder to prescribe the method of voting by a voice vote and use majority vote for the basis for decision. Motion carried, 4/0. Larson absent. NOMINATIONS FOR OFFICE OF CHAIRPERSON Motion by Roth, seconded by Yoder to nominate Michael Larson for office of Chairperson as selected by the nominating committee. MOTION TO CLOSE NOMINATIONS Motion by Roth, seconded by Braverman to close nominations. Motion carried, 4/0, Larson absent. BALLOT OR VOTE Motion carried to elect Michael Larson for office of Chairperson, 4/0, Larson absent. NOMINATIONS FOR OFFICE OF VICE - CHAIRPERSON Motion by Yoder, seconded by Roth to nominate Donald King for office of Vice - Chairperson as selected by the nominating committee. MOTION TO CLOSE NOMINATIONS Motion by Braverman, seconded by Yoder to close nominations. Motion carried, 4/0, Larson absent. BALLOT OR VOTE Motion carried to elect Donald King for office of Vice - Chairperson, 4/0, Larson absent. CONSENT CALENDAR Motion by Braverman and seconded by Yoder to adopt the consent calendar as presented or amended. PCRB October 28, 2008 Page 2 • 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 Motion carried, 4/0, Larson absent. Braverman asked if the color classifications on the general orders could be notated on the Board copies. Staff receives the general orders in color, but the Board had previously decided to receive them in black and white. Tuttle will notate the color classification on the general orders and continue to distribute them in black and white. Braverman inquired as to the when the in -car recording devices are activated and if there was a general order associated with that. Wyss responded that there was a general order, but also that the in -car recording devices are automatically activated when the red lights /emergency equipment are turned on. Officers are also encouraged to activate the device on all calls. However there are problems with mechanics on some of the machines and issues with range. Braverman asked if there was any thought on looking into a more portable device with a battery pack that the officers would wear to help with the range issues, instead of just having a mic and the recording device running from the vehicle. Wyss thought that the technology is probably out there, but whether there would be a problem with storage of all the media. He said that it was something that could be looked into. Braverman asked if Wyss could explain and categorize indictable offenses. Wyss stated that in general an indictable offense is a serious misdemeanor or above. A simple misdemeanor would be such as public intoxication or possession of alcohol under the legal age. The problem with public intoxication is that when they're arrested typically they can not take care of themselves, so it becomes a safety issue where you have to take them into custody. Occasionally someone with a disorderly conduct charge can be taken into custody if there is a threat that the behavior will continue. Indictable offenses are mandated by State law that the subjects have to be taken into custody and booked /processed. Those are higher level offenses such as serious assault or assault with injury, possession of a controlled substance, etc. NEW BUSINESS Follow up on Community Forum — The Board discussed what options they had to forward on the information received at the forum or any recommendations they had as a Board regarding that information. The Board agreed to form a subcommittee of Braverman and Yoder to compile the information and form a summary/recommendation that would be forwarded on to the City Council and /or the Police Chief. The subcommittee will report back to the Board at the November meeting. PCRB October 28, 2008 Page 3 OLD BUSINESS PUBLIC DISCUSSION BOARD INFORMATION STAFF INFORMATION EXECUTIVE SESSION Tuttle noted that at the forum during Captain Wyss' presentation, he made the distinction that there was not an informal and formal complaint process through the Police Department. It was more a matter of how the complaints are received and followed up on, and the level of involvement from the complainant. Tuttle asked the Board to take a look at the Information Sheet for Filing a Complaint to see if they agreed that it was somewhat misleading. The Board agreed to have Tuttle and Wyss work together to come up with draft changes for the next meeting. None. Dieterle thanked the Board for the Public Forum and the discussions they're having regarding passing the information on or making recommendations. Dieterle inquired in regards to the Presidents power to sign Executive Orders, and the possibility of him declaring Marshall Law, what happens with the Police Department's authority? Wyss and Pugh were not aware of the consequences. Braverman requested that Pugh take a look at that and report back at the November meeting. Braverman inquired what the Board's role was when receiving the IAIR/PCRB Quarterly /Summary reports from the Police Department. Pugh informed her that the Board accepts them and files them in to the record. Braverman thought that she and Yoder could look at those as a subcommittee and look into some type of registry per the charge of the Board. None. Pugh informed the Board that she and Braverman had met the previous month. Braverman had some legal questions as far as where has the Board been and where they were at. What cases the Board relies on and refers to a lot, questions on open meeting laws, or what the Garrity doctrine refers to, or why the Board handles the investigations the way they do. These were things that in the early years of the Board a great deal of time was spent on to figure out how the Board was going to work and what the policies of the Board would be. Motion by Yoder and seconded by Roth to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22 -7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. FSHN October 28, 2008 Page 4 Motion carried, 4/0, Larson absent. Open session adjourned at 6:20 P.M. REGULAR SESSION Returned to open session at 7:07 P.M. Motion by Roth, seconded by Yoder to set the level of review for PCRB Complaint #08 -06 to 8 -8 -7 (13)(1)(a), On the record with no additional investigation. Motion carried, 3/0, Braverman abstaining and Larson absent. Motion by Yoder, seconded by Roth to set the level of review for PCRB Complaint #08 -07 to 8 -8 -7 (B)(1)(a), On the record with no additional investigation. Motion carried, 4/0, Larson absent. Motion by Roth, seconded by Yoder to set the level of review for PCRB Complaint #08 -08 to 8 -8 -7 (13)(1)(a), On the record with no additional investigation. Motion carried, 4/0, Larson absent. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • November 18, 2008, 5:30 PM, Lobby Conference Rm • December 9, 2008, 5:30 PM, Lobby Conference Rm (RESCHEDULED TO 12/16) • December 16, 2008, 5:30 PM, Lobby Conference Rm • January 13, 2009, 5:30 PM, Lobby Conference Rm Motion by Braverman, seconded by Yoder to move the December 9th meeting to December 16tH Motion carried, 4/0, Larson absent. ADJOURNMENT Motion for adjournment by Braverman and seconded by Roth. Motion carried, 4/0, Larson absent. Meeting adjourned at 7:12 P.M. fD CD H H CD n d o � 00 O l 1^ l�yl l ^_J l l f�N] "7 N C� 7 �7 C O iu TO 0 0 0 0 N 00 zy z N yzy yz'/-- yzy W H+ i i x x X W ul O� a, cc H H CD n d o � 00 O l 1^ l�yl l ^_J l l f�N] "7 N C� 7 �7 C O iu LEG -03.1 FIELD INTERVIEWS AND "PAT- DOWN" SEARCHES Date of Issue General Order Number October 13, 1999 199-12 Effective Date Section Code October 23, 2008 LEG -03 Reevaluation Date Amends / Cancels October 2009 C.A.L. E.A. Reference 1.2.3, 1.2.4 l - INDEX AS: Field Interviews Field Information (FI) Cards Pat -Down Searches Searches - y CC)Pw. gED ,-max i 7 P� I. PURPOSE The purpose of this policy is to assist officers in determining when field interviews and pat -down searches are warranted and the manner in which they shall be conducted. II. POLICY The field interview is an important point of contact for officers in preventing and investigating criminal activity. But even when conducted with respect for involved citizens and in strict conformance with the law, it can be perceived by some as a means of police harassment or intimidation conducted in a discriminatory manner against groups or individuals. In order to maintain the effectiveness and legitimacy of this practice and to protect the safety of officers in approaching suspicious individuals, members of the Iowa City Police Department shall conduct field interviews and perform pat -down searches in conformance with procedures set forth in this policy. LEG -03.2 III. DEFINITIONS A. Field interview: The brief detainment of an individual, whether on foot or in a vehicle, based on reasonable suspicion for the purposes of determining the individual's identity and resolving the officer's suspicions. B. Pat -Down Search: A "frisk" or external feeling of the outer garments of an individual for weapons only. C. Reasonable Suspicion: Articulable facts that, within the totality of the circumstances, lead an officer to reasonably suspect that criminal activity his been, is being or is about to be committed. IV. PROCEDURES 71 ;., A. FIELD INTERVIEWS' 1. Justification for conducting a Field Interview - Officers ray s� individuals for the purpose of conducting a field interview only wherb reasonable suspicion is present. Reasonable suspicion must be more than a hunch or feeling, but need not meet the test for probable cause sufficient to make an arrest. In justifying the stop, the officer must be able to point to specific facts that, when taken together with rational inferences, reasonably warrant the stop. Such facts include, but are not limited to: a. The appearance or demeanor of an individual suggests that he /she is part of a criminal enterprise or is engaged in criminal activity; b. The actions of the suspect suggest that he /she is engaged in a criminal activity; c. The hour of the day or night is inappropriate for the suspect's presence in the area; d. The suspect's presence in a location is inappropriate; e. The suspect is carrying a suspicious object; f. The suspect's clothing bulges in a manner that suggests he /she is carrying a weapon; g. The suspect is in proximate time and place to the alleged crime; h. The officer has knowledge of the suspect's prior criminal record or involvement in criminal activity. 2. Procedures for initiating a Field Interview - Based on observance of suspicious circumstances or upon information from investigation, an officer may initiate the stop of a suspect if he /she has an articulable, reasonable suspicion to do so. The following guidelines shall apply when making an authorized stop to conduct a field interview. a. When approaching the suspect, the officer shall clearly identify him /herself as a member of the Iowa City Police Department, and if LEG -03.3 not in uniform, the officer shall announce his /her identity and display departmental identification. b. Officers shall be courteous at all times during the contact but maintain caution and vigilance for furtive movements to retrieve weapons, conceal or discard contraband, or other suspicious actions. c. Before approaching more than one suspect, individual officers should determine whether the circumstances warrant a request for backup assistance and whether the contact can and should be delayed until such assistance arrives. d. Officers shall confine their questions to those concerning the suspect's identity, place of residence and other inquiries necessary to resolve the officer's suspicions. However, in no instance shall an officer detain a suspect longer than is reasonably necessary to make these limited inquiries. e. Officers are not required to give suspects "Miranda" warnings in order to conduct field interviews unless the person is in custody and about to be interrogated. f. Suspects are not required, nor can they be compelled, to answer any questions posed during field interviews. Failure to respond to an officer's inquiries is not, in and of itself, sufficient grounds to make an arrest although it may provide sufficient justification for additional observation and investigation. 3. Reporting - If after conducting a field interview there is no basis for making an arrest, the officer should record the facts of the interview on the departmental FIELD INFORMATION CARD (FI card) and write the incident number on the FI card. Field Information Cards should be submitted to the Records Division. Upon entry of basic information from the FI card into the records system (name, address and telephone number) as well as information regarding the purpose for the field interview, Records shall forward the original FI cards to the Lieotgnan#of Investigations. This function may also be accomplished by Ihe== uses -jof �Y warning citations. B. PAT -DOWN SEARCHES :il: M �' °� 1. Justification for conducting Pat -Down Searches: An officer has #e n right to perform a pat -down search of the outer garments of a suspect-for weapons if he /she has been legitimately stopped with reasonable suspicion and only when the officer has a reasonable fear for his /her own or another person's safety. Clearly, not every field interview poses sufficient justification for conducting a pat -down search. Following are some criteria that may form the basis for establishing justification for performing a pat -down search. Officers should note that these factors are not all- inclusive; there are other factors that could or should be considered. The existence of more than one of these factors may be required in order to support reasonable suspicion for the search. LEG -03.4 a. The type of crime suspected - particularly in crimes of violence where the use or threat of deadly weapons is involved. b. Where more than one suspect must be handled by a single officer. c. The hour of the day and the location where the stop takes place. d. Prior knowledge of the suspect's use of force and /or propensity to carry weapons. e. The appearance and demeanor of the suspect. f. Visual indications that suggest that the suspect is carrying weapon. 2. Procedures for performing a Pat -Down Search a. When reasonable suspicion exists to perform a pat -down search, it should be performed with due caution, restraint and sensitivity. These searches are only justifiable and shall only be performed to protect the safety of officers and others and may never be used to harass individuals or groups of individuals or as a pretext for obtaining evidence. Under these circumstances, pat -down searches should be conducted in the following manner. 1) When possible, pat -down searches should be conducted in the presence of a second officer who provides protective cover. 2) Because pat -down searches are cursory in nature, they should be performed with the suspect in a standing position. Should a weapon be visually observed, a more secure search position may be used. 3) In a pat -down search, officers are permitted only to feel the outer clothing of the suspect. Officers may not place their hands in pockets unless they feel an object that could reasonably be a weapon. 4) If the suspect is carrying an object such as a handbag, suitcase, briefcase, backpack, book bag or any other item that may conceal a weapon, the officer should not open the item but instead place it out of the suspect's reach. 5) If the external feeling of the suspect's clothing fails to disclose evidence of a weapon, no further search may be made. If evidence of a weapon is present, an officer may retrieve that item only. If the item is a weapon the possession of which is a crime, the office may make an arrest of the suspect and complete a fulQ�ustody search of the suspect. = ., r w. b. It is emphasized that none of these requirements preclude oft bit fro?n requesting consent from the individual for a more thorough seirbh, i.jt: backpacks, bags etc. Q T3 Co 3. If during the course of an authorized pat -down search of an individual,vn officer comes upon an item that the officer readily recognizes through his /her experience and training is probably contraband, the officer may remove the item from the suspects clothing. If upon further examination the seized item is of a nature for which the possession of is crime, the LEG -03.5 officer may make an arrest of the suspect and complete a full- custody search of the suspect. Sa uel Harga , 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. T, D 0 e_.. , r- \p SER -05.1 WEAPONS Date of Issue General Order Number October 4, 2000 00 -08 Effective Date Section Code November 3, 2008 SER -05 Reevaluation Date Amends / Cancels October 2009 C.A.L.E.A. 1.2.2, Reference 1.3.4,1.3.9 -11, 22.2.7, 33.1.5, 33.4.1 Use of Force / Trainin INDEX AS: Firearms Munitions Off -duty weapons Weapons Special Response Team Use of Force Less Lethal Training Field Training Conducted Energy Devices r� -a I. PURPOSE The purpose of this order is to identify those positions responsible for training officers in the use of various types of weapons and the minimum requirements for officers to carry certain weapons. In addition this order identifies minimum specifications handguns and munitions must meet to be authorized by the Iowa City Police Department. II. POLICY It is the policy of the Iowa City Police Department to equip its officers with weapons and ammunition which are safe and reliable. It also the policy of the Department to require officers to demonstrate at least annually, proficiency in the use of all firearms, and intermediate weapons utilized under color of official duty. The Iowa City Police Department recognizes that combative, armed and /or violent subjects create handling and control problems requiring special training and equipment. SER -05.2 M. DEFINITIONS Lead Range Officer - A sworn member who has received specialized training in the instruction of firearms training and activities (firearms instructor school). The Lead Range Officer shall be responsible for the development and coordination of firearms training, courses of fire, recommendations for firearms, targets, range safety issues and all supplies needed for the operation of the firing range and duty use. The Lead Range Officer shall ensure that firearm maintenance and repair issues are referred to an armorer. Range Instructor - A sworn member who has received specialized training in the instruction of firearms training and activities (firearms instructor school) and recommended by the Lead Range Officer, Training Officer and approved by the Chief of Police or designee. Range Instructors assist the Lead Range Officer in the development and coordination of firearms training, courses of fire, targets, range safety issues and all supplies needed for the operation of the firing range and duty use. Armorer - Sworn member who has received specialized training to provide firearms manufacturer's authorized maintenance and repair for authorized firearms. The armorer must be recommended by the Lead Range Officer, Training Officer and approved by the Chief of Police or designee. The written approval shall specify which firearms the armorer is authorized to maintain and repair. Departmental issued handgun - Handgun issued to the officer by the department `abd which the officer shall carry when on duty. Any exceptions require the appr &al of the Chief of Police or designee. Department issued shotgun - Shotgun provided by the department for deploy lenfin ? `1 tactical situations. }� Authorized Automatic Weapon - Any department issued automatic weapon Oich the officer has met approved levels of proficiency in firearms qualification training. Projectile Launcher - Any department issued launcher with which the officer has met approved levels of proficiency in firearms or less lethal qualification training. Less Lethal Philosophy - A concept of planning and force application, which meets operational objectives, with less potential for causing death or serious injury than conventional police tactics. Subject - The person who is the focus of the police operation. Official color of duty - Any action taken by a sworn officer whether on or off duty pursuant to his /her status or authority as a police officer and within the scope of their duties. Defensive Tactics Instructor - Sworn officer who has received specialized training in the instruction of defensive tactics. SER -05.3 Baton Instructor - Sworn officer who has received specialized training in the instruction of department issued impact weapons. Less Lethal Munitions Instructor - Sworn officer who has received specialized training in the instruction of department issued less lethal munitions. Department issued impact weapons - The department issued impact weapons will consist of the collapsible straight baton or the 36" straight baton. Any deviation shall be approved by the Chief of Police or designee. Personally owned weapons - Any weapons not purchased and owned by the department. Personally owned weapons shall not be worn or carried on duty without the express written permission of the Chief of Police or designee. Conducted Energy Device Instructor — Sworn officer who has received speciali dd 71 training in the instruction of department issued conducted energy devices. IV. PROCEDURES - J A. GENERAL FIREARMS REQUIREMENTS > 1. All on -duty sworn personnel, whether in uniform or non - uniform, shall be armed with a departmentally issued duty handgun. (see Appendix 1) a. Exceptions - i. Officers operating in a status where possession of a firearm would endanger the officer.or the operation in which they are participating. ii. Where there is a need to or requirement that officers secure their weapon prior to entering a secured area. Le. courtroom, correctional facilities or psychiatric wings of hospitals. iii. Officers with non - uniform administrative assignments while performing that assignment. iv. Officers on "light duty" will carry weapons based on limitations as provided by a physician. 2. Prior to initial issuance, weapons shall be reviewed, inspected and approved. On an on- going basis, qualified instructors or armorers shall conduct inspections of individual weapons. The date of the inspection and name of the inspector shall be recorded and forwarded to the Lead Range Officer, Training Officer or SRT supervisor, as appropriate. a. If a weapon is determined to be unsafe, the instructor or armorer shall remove it from use pending repair, record the malfunction, cause repair to be made, and provide a replacement to the employee as soon as practical. 3. Non - uniformed on -duty officers carrying a firearm in an unconcealed manner must be readily identifiable as a police officer by wearing their badge adjacent to the weapon. SER -05.4 4. Whether on or off -duty, officers shall carry their police identification while armed. a. Exceptions i. When participating in recreational shooting events. ii. When the possession of police identification would endanger the officer, or operation in which he /she is participating. iii. When in the department issued uniform, the uniform may serve as police identification. 5. The carrying of a handgun while off -duty shall be at the discretion of the officer. If the officer elects to carry a Department approved handgun off - duty, it shall be concealed from public view. An officer electing not to carry a handgun while off -duty shall not be subject to disciplinary action if an occasion should arise in which they could have taken police action were they armed. 6. The carrying of a personal backup firearm while on duty is prohibited 7. All sworn officers shall be armed with a Department approved handgun while operating any marked police vehicle. - -- 8. Department issued firearms shall only be used for departmental duties. 9. All officers must meet approved levels of proficiency in firearms qualification training as set forth by the Range Officer and approved by the Chief of Police 10. While on -duty, officers shall carry their handgun fully loaded. (I.e. full chamber and magazines for semi -auto handguns and full cylinder for revolvers.) 11. Long guns will be carried with the magazine loaded and the chamber empty, unless being used by the officer. 12. Only magazines authorized by the department may be used in a firearm. 13. Officers are responsible for the safekeeping and security of all department authorized firearms in their custody. 14. When loading or unloading a firearm in the Police Department, the unloading / loading shall occur using the bullet trap provided by the department. 15. All department issued firearms shall be stored, handled, and / or maintained in such a manner as to prevent the firearm from accidentally discharging. { SER -05.5 16.Ail department authorized weapons shall be stored consistent with Iowa Code Chapter 724.22 (7). a. It shall be unlawful for any person to store or leave a loaded firearm which is not secured by a trigger lock mechanism, placed in a securely locked box or container, or placed in some other location which a reasonable person would believe to be secure from a minor under the age of fourteen years, if such person knows or has reason to believe that a minor under the age of fourteen years is likely to gain access to the firearm without the lawful permission of the minor's parent, guardian, or person having charge of the minor, the minor lawfully gains access to the firearm without the consent of the minor's parent, guardian, or person having charge of the minor, and the minor exhibits the firearm in a public place in an unlawful manner, or uses the firearm unlawfully to cause injury or death to a person. This subsection does not apply if the minor obtains the firearm as a result of an unlawful entry by any person. A violation of this subsection is punishable as a serious misdemeanor. 17. Officers shall not carry any firearm under the following circumstances: a. The officer is on suspension or is directed not to do so by the Chief of Police. b. The officer has not successfully met proficiency and qualification levels as set forth by the Department. c. While under the influence of alcoholic beverages or medications that impair physical or mental ability. 18. Probationary officers shall carry weapons as directed by FieI .- 4ainiP4g 7 protocols. B. DISPLAY OF FIREARMS 0 1. Except for general maintenance, supervisory inspections, sage .br authorized training, officers shall not draw or exhibit firearms unless circumstances create a reasonable suspicion that it may be necessary to lawfully use the weapon in conformance with departmental directives. 2. Unless specifically designed to be carried in this fashion, at no time shall a firearm be carried or placed in a cocked condition, except for a second or subsequent shot of a semi -auto firearm. 3. Department owned firearms shall not be carried or utilized for any non -law enforcement activity without the express written permission of the Chief of Police or designee. 4. No officer shall display or provide any weapon to a citizen to inspect, examine or otherwise handle unless authorized by the Chief of Police or designee. SER -05.6 C. AUTHORIZED WEAPONS (see Appendix 1) 1. On -duty handgun, uniform duty a. An approved on -duty handgun for uniform duty is any department issued handgun as approved by the Chief of Police. b. Specifications i. Upon the effective date of this order, newly authorized handguns must be double- action only or decock -only models. Single- action handguns are not authorized. ii. Minimum trigger pull weight: Factory trigger pull weight not less than five (5) pounds. iii. Barrel length: not less than 3.5 inches and not more than 6 inches. iv. Ammunition capacity: six (6) round minimum. v. Handguns shall be carried in department authorized holsters. 2. On -duty handgun, non - uniform duty (see Appendix 1) a. An approved on -duty handgun for non - uniform duty is any department issued or personally owned departmentally approved handgun. b. Specifications i. Upon effective date of this order, newly authorized handguns must be double- action only or decock only models. Single action handguns are not authorized. ii. Minimum trigger pull weight: Factory trigger pull weight not less than five (5) pounds. iii. Barrel length: not less than 3 inches and not more than 6 inches. iv. Ammunition capacity:, six round minimum. v. Handguns shall be carried in department authorized holsters unless authorized by the Commander of Field Operations. a) Exceptions: Undercover officers or officers assigned to plain clothes duty shall wear a holster or otherwise safely secure their weapon. - C 7 , 3. Off -duty Handguns (see Appendix 1) a. An approved off -duty handgun is any department issued handgun or'- personally owned handgun meeting the following requirements. i. Criteria for personally owned, off -duty handguns a) .380 ACP or larger b) .45 ACP or smaller v c) Annually inspected by a departmental armorer or firearms instructor. ii. Upon effective date of this order, newly authorized "revolvers must be double action. Single action only revolvers are prohibited. Semi - automatics shall be carried according to manufacturer specifications. Semi -autos which are carried with the hammer in the rearward position shall be "cocked and locked" (hammer back and safety on) and carried in an approved holster. Holsters shall be approved by the Lead Range Officer or Chief of Police. iii. Minimum trigger pull weight: Factory pull weight not less than five (5) pounds. iv. Ammunition Capacity: five (5) round minimum. SER -05.7 V. The handgun shall be concealed (This does not include transportation of the weapon to and from the officer's residence and the PD) and carried in a secure and safe manner. vi. Off duty weapons may be worn while attending court (with judge's approval) if the officer is in plain clothes and the weapon is concealed. 4. Authorized Automatic Weapons (see Appendix 1) a. Specified Special Response Team (SRT) personnel may be authorized to carry a department issued automatic weapon. The member shall demonstrate proficiency for qualification as set forth by the range officer and approved by the Chief of Police. 5. Authorized Shotguns (see Appendix 1) a. An approved shotgun is any department issued shotgun. 6. Authorized Rifle (see Appendix 1) a. Specified SRT personnel and Patrol Rifle Operators may be authorized to carry a department issued rifle. The member shall demonstrate proficiency for qualification as set forth by the range officer and approved by the Chief of Police. 7. Authorized Projectile Launcher (see Appendix 1) a. All officers who are assigned special weapons and ammunition shall successfully complete the applicable qualification courses and training provided by the firearms or less lethal instructor. 8. Firearms Records Al a. The Lead Range Officer shall maintain a record for each, fiirearm approved by the Department for use under official color of duty whA shall include: i. Initial date of service ii. Description iii. Manufacturer and Caliber iv. Serial number v. Repair, service and modification history vi. Officer and date approved vii. Proficiency qualification scores and dates. a. Proficiency qualification scores /dates Training Unit. shall be forwarded to the b. A copy of the firearm record shall be, provided to the Commander of Field Operations. 9. Firearms Modifications and Repairs a. All department issued and department approved personally owned firearms shall not be modified from the manufacturer's specifications, except under the following circumstances: 7-1 r- w„ > °W shall be forwarded to the b. A copy of the firearm record shall be, provided to the Commander of Field Operations. 9. Firearms Modifications and Repairs a. All department issued and department approved personally owned firearms shall not be modified from the manufacturer's specifications, except under the following circumstances: 7-1 r- SER -05.8 All modifications or repairs shall be conducted by the manufacturer, manufacturer authorized service center, or department approved armorer. Exception: Officers may personally install a slip -on grip on their department issued or personally owned handgun. All other grip changes or modifications shall be conducted per section i. above. ii. The Lead Range Officer shall be notified in writing of all modifications or repairs. Documentation shall be kept on file with the Lead Range Officer. 10. Firearms Maintenance a. Officers shall maintain all firearms issued to them, or approved for use by the Department, in proper working order. Officers shall not disassemble any Department issued or Department approved personally owned firearm beyond field stripping, as per the manufacturer recommendations for proper maintenance and cleaning. All other disassembly shall be conducted by the manufacturer, manufacturer authorized center, or department approved armorer. b. Each repair or service transaction shall be documented and recorded as required in section 9. ii. above. 11. Ammunition a. Officers shall carry all department issued firearms or personally owned firearms approved for duty use loaded with department approved ammunition. (see Appendix 1) This ammunition shall not be modified in any way. 0 b. The Lead Range Officer shall be responsible for issuing a1h.-duty aed training ammunition for all officers of the Department. i. All ammunition shall be produced by a major W,mrneraal manufacturer of such product. `t°9 ii. All issued duty ammunition shall be rotated at least onranral basis. .0 iii. All issued duty and training ammunition shall be approved by,e Chief of Police or designee. iv. All ammunition carried in a department approved, personally owned off -duty firearm shall be approved by the Chief of Police or designee. 12. Firearms Proficiency, Training and Testing Courses of fire and tests designed to require the officer demonstrate accuracy, safety, functionality and maintenance of the firearms the officer carries or uses and knowledge of laws and departmental regulations concerning the use of force and weapons shall be required on an annual basis. a. All persons utilizing range facilities shall follow the direction of the Lead Range Officer /Range Instructor at all times. SER -05.9 b. Courses of fire will be designed by firearms training personnel to include scores, target types, timing distance and practical conditions that meet the needs of the department. c. Scores will be documented as either pass /fail, or in annual firearms qualification courses, as a numerical score with a minimum of 80% required to pass and qualify. d. Proficiency tests will include demonstrated ability of the officer to accomplish the following: drawing, holstering, clearing stoppages, loading, unloading, and safe handling of the firearm as designated by the training staff. e. Target types will consist of, but not be limited to the following: , i. Paper targets with printed design to represent areas to�iit and: e used in scoring accuracy. "? ii. Steel targets that present instant feedback to the -:Qfflcer�n ° d accuracy. iii. Shoot/don't shoot targets that represent the need for ari ficer 4 0 react appropriately. iv. Firearms Training System (FATS) f. Successful completion of a transitional training course condtacted 4 the firearms training staff is required by any officer who changes from primary handgun of one design to a handgun of another design, prior to being approved to carry the new handgun. g. Annual handgun proficiency qualification requirements shall consist of successful completion of two courses consistent with ILEA for each issued handgun. h. All officers who are assigned special weapons and ammunition shall successfully complete qualification courses and training designed by the firearms training staff and those in charge of the affected units on an annual basis. i. Remedial training shall be required of those officers who fail to achieve the minimum scores or levels of proficiency that are required by the Department. i. Remedial training shall continue until the officer meets the standard, or upon a third failed attempt to qualify, the Firearms Instructor shall notify the officer's supervisor, Commander of Field Operations and Chief of Police. ii. Failure to meet the standard will result in immediate notification to the Commander of Field Operations and the Training Officer and may result in temporary reassignment to administrative duties that do not require the use of a firearm. This may continue until the standard is met, but will not exceed five (5) duty days without administrative review. iii. Continued failure to meet the standard may result in administrative action being taken against the officer. j. The Range Officer or Lead Range Instructor conducting the firearms training shall complete records documenting all firearms training for each officer. These records shall be retained by the Training Unit. k. All firearm instruction, training and qualification shall be provided by a certified instructor. SER -05.10 13. Less Lethal Impact Projectiles a. There are many projectiles considered "less lethal ". The primary types used by the Iowa City Police Department are: i. "bean sock" round -12 gauge ii. non - flexible - 37mm round b. Only rounds purchased by the department may be used during a deployment. Deployment shall be consistent with departmental directives on the Use of Force and the deployment of Less Lethal munitions. c. All 37mm less lethal munitions and delivery systems will be maintained by the SRT. This system will only be deployed by department members who have been trained and qualified in its use. d. Targeted subjects who have been struck by either of these pr"oJJctil a shall be secured and transported to a medical facility for exam ihation. `: b e. Bystanders who are struck by less lethal munitions shall bbr encouraged to seek medical attention at a medical facility. .: t.. f. Only those persons trained and qualifying with the device may:"eploy the device. 14. Impact Weapons Training will be designed to require the officer to demonstrate proficiency with the types of impact weapons carried and knowledge of the laws and directives concerning the use of impact weapons. When used as an impact tool, they are considered a level four use of force. Officers shall only carry impact weapons that are issued by the department. a. All officers will complete a basic course of instruction in the proper use and skill development of each type of approved impact weapon, prior to being authorized to carry such weapons on duty. b. Officers will complete annual in- service training in the use of impact weapons. c. All in- service training shall be approved by the training unit prior to implementation. d. Remedial training will be required of those officers who fail to achieve the minimum levels of proficiency that are required by the Department. i. If the officer fails to meet the standard, the Baton Instructor shall inform the officer's supervisor and Commanding Officer Field Operations. ii. Continued failure to meet the minimum standard may result in administrative action against the officer. 15. Chemical Agents (see Appendix 1) Chemical Agents will be available and may be used to incapacitate subjects when lower levels of force would have been inappropriate or have failed in the control or dispersal of these subjects. a. Uniformed and non - uniformed personnel will be limited to the use of Pepper Spray unless additional specialized training is received in the use of other chemical agents. SER -05.11 b. The deployment of Chemical Agents other than the use of pepper spray must be authorized by the Commander of Field Operations or designee. Examples of other agents and deployment methods include but are not limited to: i. 12 Gauge chemical munitions ii. 37 mm chemical munitions iii. Foggers iv. Pepper ball Systems 16. Conducted Energy Devices Training will require the officer to demonstrate proficiency with the use of conducted energy devices carried and knowledge of the laws and directives concerning the deployment of such weapons. Conducted energy devices are considered a level four use of force. Officers shall only carry conducted energy devices that are issued by the department. a. Officers will complete a basic course of instruction regarding conducted energy devices prior to being authorized to carry such weapons on duty. b. Officers will complete annual training in the use of conducted energy devices taught by a certified instructor. c. All in- service training shall be approved by the training unit prior to implementation. d. Remedial training will be required of those officers who fail to achieve the minimum levels of proficiency that are required by the Department. 17.Distraction Devices The use of distraction devices is limited to the SRT and may only be deployed by personnel who have received training in their use and deployment. 181ess Lethal /Intermediate Impact Weapons Records The office responsible for Quartermaster function is responsible for maintaining a record for each issued weapon other than firearms. The Commander of Field Operations is responsible for maintaining � recorctof each special weapon (firearm, less lethal, delivery device, etc.) maintained in that unit. =' �' a. The record shall include: r— a i. Type of weapon /munitions y'3 ii. Manufacturer iii. Model number if any iv. Serial number if any > :w V. Number of units (munitions) vi. Address and location of storage vii. Name of personnel issued to. b. All weapons shall be inspected and found acceptable for use by the unit supervisor prior to deployment. SER -05.12 19. Proficiency Records At least annually, each employee shall receive in- service training on the Departmental Use of Force policy and demonstrate proficiency with each approved less lethal weapon that the officer is authorized to use. a. Such training shall be provided by a certified instructor. b. Proficiency training records shall include results from tests or demonstrations, dates, and rosters of attending officers. These records shall be maintained by the Training Unit. c. Remedial training shall be scheduled for employees who are unable to qualify with an authorized weapon. The weapons system instructor shall notify the immediate supervisor, the Training Officer and the Commander of Field Operations of the employee's remedial training status. i. Until the employee achieves full certification, s(he) will not be permitted to operate the specific weapons system other than in a training environment. Samuel Hargadi , 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. :5 _ a T1 W SER -05.13 APPENDIX 1 Following is a list of weapons approved for use by members of the Iowa- City Police Department. Asp brand Tactical Baton, 21 inch and 26 inch Defense Technologies MK -3, MK -9, MK -46 aerosol projectors (10% solution Oleoresin Capsicum) X26 Advanced TaserO Glock Model 22-.40 Caliber 15 Round Magazine Semi - Automatic Handgun Glock Model 23 -.40 Caliber 13 Round Magazine Semi - Automatic Handgun Remington 11 -87 12 Gauge Semi - Automatic Shotgun Remington 870 12 Gauge Pump Action Shotgun Mossberg 12 Gauge Pump Action Shotgun HK/Benelli 12 Gauge Semi- Automatic Shotgun HK MP5 /40 Sub Machine Gun'= f" Gas Operated Semi - Automatic .223 Caliber Rifle with Box Style Magazine (Manufacturer Approved by Commander of Field Operations) Smith & Wesson Model 276 Less Lethal Launcher Federal Labs 1.5 Caliber Gas Launcher Royal Arms (Arwen Ace) 37mm Gas /Less Lethal Launcher Remington Model 700.308 Bolt Action Long Rifle Remington Model 700.223 Bolt Action Long Rifle Marlin .22 Caliber Bolt Action Rifle �v i w N' SER -05.14 Chemical Weapons: JayCor Pepperball SA200 Launcher w/ the following projectiles: Red (pepper) Purple (training) Clear (water) Green (marker) Glass shattering Defense Technologies MK -3, MK -9, MK -46 aerosol projectors (10% solution Oleoresin Capsicum) Defense Technologies #4 Continuous Discharge Pyrotechnic CS Grenade Defense Technologies #15 Stinger CS Grenade Defense Technologies #15 Stinger OC Grenade Defense Technologies T -16 Hand Toss CS Canister Defense Technologies T -16 Hand Toss OC Canister Following is a list of ammunition approved for use by members of the Iowa City Police Department. Handgun: Speer — Lawman .40 S &W 180 Grain TMJ (practice) Speer — Gold Dot .40 S &W 180 Grain GDHP (duty) Shotgun: Federal Classic Buckshot 12 ga., 2 3% " 9 pellet w Federal Law Enforcement 12 ga., 2 3% " 9 pellet Federal Classic Rifled Slug 12 ga., 2 % " 1 oz slug Federal 12 ga., 2 % " #8 shot (phasing out) Remington Reduced Recoil 12 ga., 2 % " 8 pellet 00 buck (phasing out) Rifle: SER -05.15 Federal .223 Rem 55 gr. BTHP Federal .223 Rem 69 gr. Sierra Matchking BTHP Gold Medal Federal .308 Win 165 gr. Tactical load CCI .22 LR .22 cal long rifle Hollow Point Mini Mag Winchester .22 LR .22 cal Long Rifle Hollow Point high velocity Remington .22 LR .22 cal Long Rifle Std. Velocity Solid bullet Chemical Munitions: Defense. Technologies #40 T -14 37mm — OC Defense Technologies #40 T -14 37mm — CS Defense Technologies #23 12g Shotgun — OC Defense Technologies #23 12g Shotgun — CS ' "71 f`J ICZ) Gv OPS 21.1 DETAINEE PROCESSING Date of Issue General Order Number ; September 27, 2007 07 -02 --+ Effective Date Section Code October 29, 2008 OPS -21 _? Reevaluation Date Amends / Cancels September 2009 C.A.L.E.A. Reference Chapter 71 I. PURPOSE The purpose of this order is to define the areas of the Iowa City Police Department where Detainee Processing is to occur. It is also the goal of this policy to establish parameters for officers to follow while processing detainees at the Department. II. POLICY It is the policy of the Iowa City Police Department to process temporary detainees in a safe and efficient manner. Facilities used for processing shall be maintained with this goal in mind. OPS 21.2 III. DEFINITIONS Detainee: A person in the custody of agency personnel and whose freedom of movement is at the will of agency personnel. Temporary Detention: Detention of a person for the purpose of processing or testing. Temporary detention is measured in minutes or hours and does not involve housing or feeding detainees. Processing: Pre - booking activities involving a detainee in custody (i.e. fingerprints, breath tests) Authorization Temporary detention of persons in custody may be required while officers conduct OWI tests or fingerprint juveniles. Detainees under these conditions should be carefully monitored since they will be in close proximity to officers. The following rooms are authorized as temporary detention /processing areas: 1. Interview Room 1 2. Interview Room 2 3. Room 114 Training Only sworn personnel will be used to monitor those persons held in temporary detention. Personnel who monitor detainees must receive training on procedures to be followed in handling such detainees at the time of their hiring and at least every three years thereafter. Basic academy training will not be considered sufficient for this purpose. An exception to this is dispatch personnel that have the ability to monitor these areas through the use of closed circuit video. The ability for dispatch to monitor detainees shall not be a substitute for the presence of sworn personnel in the detention /processing area. Training for this purpose will include methods for summoning assistance, restraint equipment available in the temporary detention areas, and methods for dealing with uncooperative detainees. These methods should include options for immediate transfer to jail or the delay of testing or processing until a later time. F`- OPS 21.3 IV. PROCEDURES A. Documentation Whenever a detainee is brought to the Iowa City Police Department for temporary detention, at a minimum, a radio log will reflect the name of the detainee, their age, the reason being detained and the time the person arrived. Whenever such person is released, that time will be reflected in the radio log. The intent of this paragraph is to document the length of time persons are held in temporary detention. B. Dispatcher Responsibilities Emergency Communication personnel shall monitor the detention areas when detainees are being processed. When a detainee is brought to the Police Department, they shall record within the call log the name (first name first -last name second), detainee date of birth, reason (OWI processing, fingerprinting and/or investigative) and the date and time out at the facility. If a fixed object is used to secure a detainee, Emergency Communication personnel shall record, as an officer change of status, the time secured in station (Unit Status "S ") and the time released in station (Unit Status "R "). If field sobriety tests are conducted in the hallway off the Gilbert Street entrance, Emergency Communication personnel shall inform other officers not to enter until those tests are complete. C. Processing and Searching Upon arrival at the Iowa City Police Department a subsequent search shall be performed. It is recommended that a second officer be present for this search if possible and after this secondary search has been conducted, necessary reports, testing, and other processing should occur. D. Locked Spaces Detainees will not be secured in locked spaces. E. Securing to Fixed Objects Officers may secure detainees to fixed objects designed for such use.': F. Separation of Males, Females, and Juveniles Detainees shall be kept separate in different rooms by sex. Juvenile detainees shall be kept separate in different rooms from adult detainees. Securing to Objects If a detainee is secured to a fixed object, that fixed object shall be one which is designed for such use. Examples include cuff rails, bars or bolts, and chairs or benches designed to cuff detainees to. Detainees shall not be handcuffed to any object not so designed as a means of preventing escape. If a detainee is secured to a fixed object, the officer shall notify the Emergency OPS 21.4 Communications Center of the time the detainee is secured in the station and the time the detainee is released in station. The Emergency Communications Center shall then enter the appropriate unit status codes to the call for service. Security A. Weapons Control Firearms are not permitted into any space actively being used as a temporary detention area. Prior to removing handcuffs from the detainee, firearms will be secured in the lockboxes maintained for that purpose in the detention /processing areas. B. Emergency Alarms All officers working in the processing area shall be equipped with a portable radio. That radio shall be operational and shall always be within reach of the officer in the processing area. An emergency request for assistance may be made by voice transmission or by means of activation of the emergency button on the radio. The exception to this is that radios shall not be turned on when.in proximity of DataMaster testing. In lieu of radios, fixed alarm buttons which alert the dispatch center are present in the detention rooms and shall be used if assistance is needed. C. Access to Area When an area is being used for temporary detention, only those personnel with reason to be there may enter or remain in that area after securing their firearm in a lock box. If the hallway off the Gilbert Street entrance is actively being used for sobriety tests, officers without prisoners or cause to be in the area and other employees shall enter by an alternate route. Other officers with prisoners may enter but only when the hallway itself is not being used for sobriety tests. The Emergency Communications Center will advise arriving officers if the hallway is actively being used for sobriety tests. D. Escape Prevention In order to limit the risk of escape the following precautions should be followed: - Handcuffs should remain applied when feasible - The detainee should be seated away from doors and windows - Sufficient personnel should be present to physically prevent escape 5 E. Visual Observation `~ , Detainees will be under constant visual observation. {°M -, > OPS 21.5 F. Monitoring Remote audio and /or video monitoring of detainees shall not substitute for the physical monitoring of detainees by sworn personnel. G. Detainee Transport Parking on Gilbert Street should be avoided to enable officers with detainees easy access to the Police Department. Physical Conditions Areas used as a temporary detention area must meet basic standards. They must be lighted, heated and /or cooled as required. There should be no hazards to officers or detainees. Water, restrooms, and other needs will be met as required. In cases where this requires the detainee to be removed from the temporary detention area, the detainee will be escorted at all times by at least one officer. Inspections Areas that may be used as temporary detention areas will be inspected on a weekly basis by the Captain of Administrative Services or designee. This inspection will be for cleanliness and to determine if any unsafe conditions are developing. At least once every three years the Chief of Police or designee will review the components of this section and the detention areas to determine if they continue to best suit the requirements of the department. Sa uel Har a m hief of Police % f w 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. Iowa City Police Department Standard Operating Guideline SOG #. Effective date: 01 -22 October 27, 2008 Subject: Reference: SPECIAL ASSIGNMENTS / TRAINING, SPECIAL ASSIGNMENTS TRAINING :? Section: Issue #: 4 Comma Si atu Original Issue: 12/14/2001 SPECIAL ASSIGNMENTS �- ::> v Purpose: The purpose of this guideline is to identify the positions, purpose, criteria and evaluation of specialized assignments within the department. Additionally it is intended to guide and direct the staffing of these positions. Definitions: Specialized Assignments - Those recognized assignments below the rank of Captain which are full time and in excess of one year in duration. Procedures: The Iowa City Police Department recognizes the following positions as specialized assignments. Street Crimes Action Team (SCAT) - SCAT members are sworn officers directed to work in conjunction with the departments' Gang and Narcotics officer(s). Investigations Supervisors are responsible for the supervision and direction of SCAT members. SCAT members are assigned specific hours but must be willing to work alternate hours as dictated by specific events. On an annual basis the Commander of Field Operations shall review the types of incidents investigated / handled by SCAT members, and determine the need for continuation of the team. SCAT officers serve for a period of 5 years in their assignment. Canine Officer - The canine officer is a sworn officer with a permanently assigned vehicle. The canine officer will normally begin training upon delivery and acceptance of a police canine. Canine officers are eligible to compete for promotion to sergeant. Officers applying for the canine position should be willing to commit to a minimum assignment of 7 years. The duration of this assignment is dependant upon the utility of the canine. Investigators — Investigators are sworn officers who are responsible to the Investigations Commander. Investigators examine those incidents requiring additional investigation which patrol officers normally do not have the time /resources to do. This assignment lasts for a period of five years. One temporary Investigator position lasts for one year. See "Temporary Rotating Assignments" below. Investigations Commander — The Investigations Commander is a lieutenant directly responsible to the Commander of Field Operations. The lieutenant overseas all aspects of the investigations function. This assignment lasts for a period of five years. Upon completion of the five year assignment the lieutenant may re -apply for this position. Investigations Sergeant — The Investigations Sergeant is directly responsible to the Investigations Commander. The sergeant oversees the investigations- -! function on the absence of the Investigations Commander. In additim. "' the`, t» sergeant is in direct command of the Street Crimes Action Tearx>y "this;" assignment lasts for a period of three years. Upon completion of the three year.-D assignment the sergeant may re -apply for this position. Training and Accreditation — The Training /Accreditation Officer is a sergeant who is directly responsible to the Commander of Administrative Services. The sergeant is responsible for maintaining compliance with all accreditation requirements as well as facilitating and coordinating training for members of the Department. This assignment is normally for three years but should coincide with the accreditation cycle. To the extent possible, the sergeant in this assignment should be in place a minimum of two years prior to an accreditation on -site. Upon completion of the three year assignment, the sergeant may re -apply for this position. Planning and Research - The Planning and Research function is filled by a sergeant. The sergeant is directly responsible to the Commander of Administrative Services, but shall have access to the Chief of Police as needed. This position is responsible for statistical analysis of data, identification of trends, tracking and compilation of data for scheduled reports, forwarding of identified trends to appropriate sections or watches and media relations. This assignment lasts for a period of three years. Upon completion of the three year assignment, the sergeant may re -apply for this position. Selection Process The Commander of Field Operations or designee shall post all pending vacancies of specialized assignments. The posting should include information relating to desired qualifications, hours, and notice of any special circumstances (i.e. willingness to flex hours depending on workload). This posting shall be directed to all sworn personnel. The selection process shall include a specific application period, interviews of eligible candidates by the Chief's designees and /or supervisors of the specialized assignment and an evaluation of the candidates work history. Criteria for evaluation for any specialized position shall include but not be limited to: • Absenteeism • Work / disciplinary history • Demonstrated ability to do the tasks associated with the position applied for • Demonstrated ability to apply advanced / specialized training • Recommendation by supervisor • Ability to positively represent the Department in other jurisdictions and cultivate positive communication and relationships with other agencies • Acceptable and well- rounded productivity • Self motivation • Ability to work a flexible work schedule • Good written and verbal communication skills • History of showing strong attention to detail • History of demonstrating effective time management skills Non- supervisors in specialized assignments must rotate to a patrol position for a period of one year before they are eligible for a specialized assignment, unless no one else expresses interest for the desired specialized assignment. Temporary Rotating Assignments - The Iowa City Police Department designates one temporary rotating position in the Investigations Section. This position is designed to allow officers to enhance their investigative skills and to assist officers in determining if they have an interest in a long -term assignment to the investigative section. In addition it will allow the Investigative Supervisor to identify those with the knowledge, skills and abilities necessary to a long -term appointment to the investigative section. The temporary assignment will be for one calendar year. The Investigative Supervisor shall post announcement of the temporary position vacancy no later than November 15th of the current calendar year with the position beginning in January of the following year. The posting shall be open to all sworn personnel. The Investigative Supervisor shall select the person to fill the temporary position based in part on: 1. Schools / training of the applicant. 2. Past investigatory experience. 3. Recommendation of the applicants supervisors. 4. Interview with the applicant. Jy 5. Absenteeism Officers who have completed a temporary rotating assignment to the Investigations Section are immediately eligible to apply for a specialized assignment. Officers will be given the opportunity to request a watch assignment on an annual basis. Specialized assignments will be identified and reviewed annually by the Commander of Field Operations. This review shall include the identification of the problem /reason for the initial creation of the assignment and an evaluation of the effectiveness and efficiency of the assignment. The review includes recommendations as to the continuation of the assignment. SPECIALIZED TRAINING Purpose: The purpose of this require specialized academy. guide is to identify those positions and functions which or enhanced skills beyond those received at the basic Definitions: Pre - training required prior to performance of the duty or to assignment Post - training required after duty assignment In- Service - training required after assignment and required for continued assignment. Procedures: Responsibility for the management, administration, policies and support services for the functions requiring specialized training are the responsibility of the Commanding Officer of the Division having command over the function. The following assignments or tasks require specialized or advance training. Specialized or advanced training will be provided by departmental or non - departmental sources "certified" to train in the particular field or area. 1. Canine Officer Post (I.e. K -9 Certification and Re- Certification, Narcotics, Search & Seizure) 2. SRT Post (i.e. Tac -Team Training, Sniper, Negotiations) 3. Crime Prevention Post (I.e. Crime Prevention Officer Certification and Re- Certification) 4. Crime Scene Tech Post (Le. Photography, Latent Fingerprint Development, Evidence Collection and Preservation, DNA Collection and Preservation, Recovery of Impression Evidence, Blood Spatter Recognition, Crime Scene Preservation) 5. LASER Pre (I.e. Laser Instructor Certification and Re- certification) 6. FTO Post (i.e. FTO Certification) 7. Accident Invest. Pre (I.e. Basic Accident Investigation) -, 8. Advanced Accident Invest Post (I.e. At Scene, Technical Accident, Vehicle Dynamics, Accident Reconstruction) 9. Bike Officer Post (I.e. Bike Officer Certification) 10, Arson Invest. Post (i.e. Arson Investigator Certification, Search & Seizure) 11. Narcotics Officer Post (I.e. Search & Seizure, Drug Recognition, Clandestine Lab Certification) 12. Range Officer Post (i.e. Range Instructor Certification and Re- Certification) 13. Defensive Tactics Inst. Post (i.e. Defensive Tactics Instructor Certification and Re- Certification) 14. Baton Inst. Post (I.e. Baton Instructor Certification and Re- Certification) 15. Less Lethal Inst. Post (Le. Less Lethal Instructor Certification and Re- Certification) 16. Hazardous Device Post (i.e. Bomb Tech Certification and Re- Certification, Search & Seizure) 17. Chemical Munitions Post (I.e. Chemical Instructor Certification and Re- Certification) 18. Conducted Energy Device Instructor Post (I.e. Taser Instructor Certification and Re- Certification) It is necessary for employees in each of the above positions to receive specialized in- service training in order to develop and enhance the skills of employees assigned to the function. Without specialized training these employees would not be able to adequately perform their assignment. In addition to the initial training, the above positions may require subsequent in- service training to maintain the proficiency necessary to perform the task. SRT members shall receive in- service training as mandated in the SRT manual. Other positions requiring in- service training for maintenance of certifications will be provided as necessary. Non -Sworn Personnel 1. ECO Post 2. Records Clerk Post 3. CSO Post 4. Animal Shelter Post -9 7 The new employee's supervisor is responsible for directing the employee to the training necessary to bring the employee to an acceptable level of performance. The supervisor may utilize departmental or non - departmental resources in order to ensure the person is adequately trained. Continued in- service training will be determined by the supervisor directly responsible for the function, but at a minimum will include in- service training required to maintain any required certifications necessary for continued employment. > r` i November 18, 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 Complaint #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 Complaint #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 POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS October 2008 Date Description None MEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240 -1826 (319)356 -5041 DATE: November 13, 2008 TO: Police Citizens Review Board FROM: Kellie Tuttle RE: Information Sheet for Filing a Complaint The attached is a draft of proposed changes that Captain Wyss and I discussed. The strikethroughs are proposed deletions and the underlined are proposed additions to the information sheet. Information Sheet for Filing a Complaint About an Iowa City Police Officer DRAFT There are two kinds of complaint forms. The form you choose determines how your complaint will be handled. Iowa City Police Department Complaint Form If you use the Police Department form, the Iowa City Police Department Policy will determine the level of investigation into how to investiga4e your complaint. The ifivestigatien ma=w informal, stteh as a diseussion between yett and the effleer-'s stiperviser-. Or-, it may be formal-, t i 1- means that the ff and witnesses will be inteiNiewed by Poliee Tlo,,.,,-ffle,,♦_ you, Y will b notified f the � of the ; es4i—�t� �TCrwzx'x -v c— "' a You can choose to limit your involvement to a discussion between you and the officer's supervisor, or you can choose to participate in an internal investigation which means that you, the officer, and witnesses will be interviewed by Police Department investigators and a written report on the department's findings and conclusions will be prepared. Generally, investigations and any officer discipline that may result from them are considered nonpublic, confidential records. By law, the Police Chief decides if and how an officer will be disciplined. When you use the Police Department complaint form, it usually takes from one week to three months to receive a final response from the department. Police Citizens Review Board (PCRB) Complaint Form If you use the PCRB form, the Police Department will conduct a fefffial an internal investigation. As soon as you file your form, the PCRB will also receive a copy of it, so they know your complaint is being investigated. All complaints to the Board must be filed with the City Clerk within (90) days of the alleged misconduct. When €erffial the internal investigation is completed, the Police Chief will prepare a written report and send copies to the PCRB, to you, and to the officers involved. The PCRB then reviews the Chief's Report and sees may conducts its own investigation. The PCRB decides whether the Chief's conclusions are reasonable and issues a public report to the City Council. You will be notified of the outcome of the PCRB's review. The PCRB has no authority to discipline police officers. The PCRB handles its work with complaints confidentially and generally does not include information identifying you or the officer in its reports. However, if a complaint is upheld, the PCRB does have the right to include the names of complainants and officers in its reports. When you use the PCRB complaint form, it usually takes dffee ,..,e the 90 days for the Board to receive the Chief's Report on the €efmal internal investigation and an additional one to two months for the Board to complete its work. If you have questions about choosing a form, contact the Police Department (356 -5275) or the Police Citizens Review Board (356 -5041) For more information about the PCRB, consult the city ordinance that established it (Iowa City Code Chapter 8 -8). The City Code is available on -line at www.ic og v.org. Copies are available in the City CCllerk'svti6e at tcniiy z7zc 1 41 n E. Washington ctfeet (356 5043) DRAFT Information Sheet 11/08 0 0AFP [draft letter from PCRB to City Council re Public Forum on 09/16/2008] On September 16, 2008, the Police Citizens Review Board held its first formal community forum. Loren Horten (former member of the PCRB) presented a History and Summary of the PCRB. Greg Roth (current member of the PCRB) presented the PCRB Complaint Filing Process. Captain Rick Wyss (Iowa City Police Department) presented the ICPD Complaint Process. The PCRB then heard numerous citizen comments. One of the most notable occurrences at the forum was the support of the public for both the ICPD and the PCRB. We commend the ICPD for its continuing efforts to foster its good relationship with the public and are pleased to be a part of that effort. While a transcript of the public forum is available, the PCRB would like to summarize comments made by the public and to add its recommendations to the City Council. The public comments fell into three general categories. 1. Tracking of Complaints. There was a fairly lengthy discussion of the process by which the PCRB tracks complaints, in which the public asked questions and members of the PCRB responded. The main concerns appeared to be whether the PCRB knows the identity of complainants (we do), whether the PCRB knows the identity of officers who are the subject of complaints (we know them only by Anonymous Officer Number unless a complaint is sustained), and whether the PCRB tracks that information (we do not, although ICPD does). Chief of Police Sam Hargadine also responded, in his letter dated September 22, 2008 (a copy of which is enclosed), that ICPD does have a Personnel Early Warning System that tracks this information. Pursuant to 8 -8 -2 D. I., the PCRB is charged with overseeing "a monitoring system for tracking receipt of formal complaints lodged against sworn police officers with either the board or the Iowa City police department." PCRB Recommendation: The PCRB will, as a part of its mandated monitoring system, track by Anonymous Officer Number those complaints which are sustained by either the ICPD or the PCRB. That information will allow the PCRB, as well as the public, to note any pattern of sustained complaints against a single officer. In the event of such pattern of sustained complaints, the PCRB may make additional recommendations to the Chief of Police and /or the City Council. 2. Reduction of Arrests. Multiple members of the public commented, from different perspectives, on: the perceived need for anew jail; the need to reduce demand for anew jail (and to reduce the need for space in the current jail) by reducing arrests; a request to refocus ICPD attention from so- called victimless crimes (such as PAULA or simple possession of marijuana) to crimes against persons and property; proactive police work in arrests of those too intoxicated or otherwise impaired to be safe; and whether the ICPD targets or harasses particular bars in downtown Iowa City. Chief Hargadine's letter addresses those concerns: correcting a misperception that Ames, Iowa, has no arrests for Public Intoxication; explaining "indictable offenses" and the state law requirement that the offenders be arrested; citing Iowa State Code and public safety as reasons for transporting certain defendants to jail; and explaining that booking (i.e., fingerprinting and taking mug shots) occurs presently only at the jail. Chief Hargadine went on to say that he supports 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." PCRB Recommendation: The PCRB also supports a "Cite and Release" policy. The PCRB would also support any appropriate alternative site and process for booking that would help to alleviate the overcrowding at the current jail site. 3. Pedestrian Safety. The PCRB received a letter, which was read into the record, suggesting that the ICPD undertake a public information and enforcement campaign regarding State law on pedestrian rights, with imposition of fines for violations. PCRB Recommendation: The PCRB supports the recommendation that Iowa City undertake such a public information campaign and that the ICPD undertake an enforcement campaign, including imposition of fines for violations. The PCRB also recommends that both the public information and information campaigns include the rights and obligations of bicyclists as well as pedestrians. Thank you for your time. ML, Chair of PCRB cc: Chief Sam Hargadine, ICPD encl: letter dated 09/22/08 2