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HomeMy WebLinkAbout08-11-2009 Police Citizens Review BoardAGENDA POLICE CITIZENS REVIEW BOARD August 11, 2009 - 5:30 P.M. LOBBY CONFERENCE ROOM 410 E. Washington Street ITEM N0.1 CALL TO ORDER and ROLL CALL ITEM NO. 2 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED • Minutes of the meeting on 06/08/09 • ICPD General Order 99-05 (Use of Force) • ICPD General Order 00-02 (Harassment and Sexual Harassment) • ICPD General Order 00-05 (Off-Duty Conduct: Powers of Arrest) • ICPD General Order 00-07 (Police Cyclist) • ICPD General Order 01-04 (Bomb Threats/Emergencies) • ICPD General Order 08-01 (Conducted Energy Devices) • ICPD Quarterly/Summary Report (Quarter 2) - IAIR/PCRB, 2009 • ICPD Department Memo #09-18 (April-May 09 Use of Force Review) • ICPD P.A.U.L.A. Report -June 2009 ITEM NO. 3 OLD BUSINESS ITEM NO.4 NEW BUSINESS Draft of FY09 Annual Report Community Forum 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 • September 8, 2009, 5:30 P.M., Lobby Conference Room • October 13, 2009, 5:30 P.M., Lobby Conference Room • November 10, 2009, 5:30 P.M., Lobby Conference Room • December 8, 2009, 5:30 P.M., Lobby Conference Room ITEM N0.10 ADJOURNMENT MEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City DATE: August 5, 2009 TO: PCRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on August 11, 2009 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 08/11/09 • Minutes of the meeting on 06/08/09 • ICPD General Order 99-05 (Use of Force) • ICPD General Order 00-02 (Harassment and Sexual Harassment) • ICPD General Order 00-05 (Off-Duty Conduct: Powers of Arrest) • ICPD General Order 00-07 (Police Cyclist) • ICPD General Order 01-04 (Bomb Threats/Emergencies) • ICPD General Order 08-01 (Conducted Energy Devices) • ICPD Quarterly/Summary Report (Quarter 2) - IAIR/PCRB, 2009 • ICPD Department Memo #09-18 (April-May 09 Use of Force Review) • ICPD P.A.U.L.A. Report -June 2009 • Complaint Deadlines • PCRB Office Contacts -June 2009 • PCRB Office Contacts -July 2009 • Draft #1 PCRB Annual Report 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 -June 8, 2009 CALL TO ORDER: Chair Michael Larson called the meeting to order at 5:30 p.m. MEMBERS PRESENT: Janie Braverman, Donald King, Greg Roth (by speaker phone), Abbie Yoder MEMBERS ABSENT: None STAFF PRESENT: Legal Counsel Catherine Pugh and Staff Kellie Tuttle OTHERS PRESENT: Captain Richard Wyss, and Officer David Schwindt of the ICPD RECOMMENDATIONS TO COUNCIL (1) Accept PCRB Report on Complaint #09-01 (2) Accept PCRB Report on Complaint #09-02 CONSENT CALENDAR Motion by Braverman and seconded by King to adopt the consent calendar as presented or amended. • Minutes of the meeting on 05/26/09 • ICPD General Order 89-04 (Civil Rights) • ICPD P.A.U.L.A. Report -April 2009 Motion carried, 5/0. Braverman pointed out a typo from the previous meeting's handout ICPD SOG #09-01 (Vehicle Crash Review) that she gave to Captain Wyss. Braverman also wanted to confirm that the P.A.U.L.A reports were public. Both Wyss and Tuttle confirmed that they were. Braverman also wanted to be sure that discussion for the Community Forum was on the agenda for the next meeting. OLD BUSINESS None. NEW BUSINESS None. PUBLIC DISCUSSION None. BOARD INFORMATION None. STAFF INFORMATION None. PCRB June 8, 2009 Page 2 EXECUTIVE SESSION REGULAR SESSION Motion by King and seconded by Braverman to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 5/0. Open session adjourned at 5:34 P.M. Returned to open session at 6:15 P.M. Motion by King, seconded by Yoder to forward the Public Report as amended for PCRB Complaint #09-01 to City Council. Motion carried, 5/0. Motion by Braverman, seconded by King to dismiss PCRB Complaint #09-02 for lack of standing based on City Code section 8-8-3 (B). Motion carried, 5/0. Motion by Braverman, seconded by Roth to submit PCRB Complaint #09-03 based on the allegations contained in PCRB Complaint #09-02. Motion carried, 3/2, King and Yoder opposed. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • July 14, 2009, 5:30 PM, Lobby Conference Rm • August 11, 2009, 5:30 PM, Lobby Conference Rm • September 8, 2009, 5:30 PM, Lobby Conference Rm • October 13, 2009, 5:30 PM, Lobby Conference Rm The Board agreed to leave the July 14 meeting in place, but if there was no business to discuss staff would contact the Board and no meeting would be held. ADJOURNMENT Motion for adjournment by King and seconded by Braverman. Motion carried, 5/0. Meeting adjourned at 6:23 P.M. POLICE CITIZENS REVIEW BOARD ATTENDANCE RECORD YEAR 2009 (Meeting Date) NAME TERM E~• 1/13 2/10 3/10 4/14 5/26 6/8 Janie Braverman 9/1/12 X X X NM X X Donald King 9/1/11 X X X NM X X Michael Larson 9/1/09 X X X NM X X Greg Roth 9/1/09 X X X NM X X Abigail Yoder 9/1/12 X X X NM X X KEY: X =Present O =Absent O/E = Absent/Excused NM = No meeting --- = Not a Member Police Citizens Review Board A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319) 356 - 5041 June 8, 2009 To: City Council a ~`~" ~' Complainant -~' - ~~ Dale Helling, Interim City Manager ~-' "~ ~ , Sam Hargadine, Chief of Police '- ~ 1~ Officer(s) involved in complaint ©~~ ~' r~ -^ From: Police Citizen's Review Board ~ a Re: Investigation of PCRB Complaint #09-O1 BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, Section 8-8-7 B (2), the Board's job is to review the Police Chief's Report ("Report") of his investigation of a complaint. The City Code requires the Board to apply a "reasonable basis" standard of review to the Report and to "give deference" to the Report "because of the police chief's professional expertise", Section 8-8-7 B (2). While the City Code directs the Board to make "Findings of Fact", it also requires that the Board recommend that the Police Chief reverse or modify his findings only if these findings are "unsupported by substantial evidence", are "unreasonable, arbitrary or capricious" or are "contrary to a police department policy or practice, or any federal, state or local law", Section 8- BOARD'S PROCEDURE The Complaint was received at the Office of the City Clerk on February 17, 2009. As required by Section 8-8-5 (B) of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chief s Report was due on May 18, 2009 and was filed with the City Clerk on May 14, 2009. The Board met to consider the Chief's Report on May 26, 2009. The Board voted to review the Chief's Report in accordance with Section 8-8-7 (B) (1) (a), "on the record with no additional investigation." ALLEGATIONS This complaint came from an incident that occurred February 10, 2009. Complainant alleged that: Officer A maliciously made false statements to Complainant's employer about Complainant's driving of a company vehicle which resulted in Complainant being suspended and fired from,~is job. n ,.. .:~ ;~'~ . - °~ FINDINGS OF FACT ~~ - . "'`~ `'~° ~ ~a,:~.. =~;, ~- ,. ~~~'1 On February 10, 2009, Officer A and Officer B were surveiling Complainant based on~~n unrelated investigation. Officer A was following Complainant in a company vehicl~ ~';? Complainant recognized he was being followed and attempted to confront Officer A~To do~iis Complainant pulled the company vehicle off the road, hanging out the window waving his herds and arms at Office A, pulling up right behind Officer A's car, swerving the company vehicle (within its own lane) towards Officer A's car, and yelling out the window while driving next to Officer A. Officer A, Officer B and Complainant agree on these facts regarding Complainant's driving behavior. Officer A appropriately exercised his professional judgment and discretion in reporting the above erratic driving behavior to Complainant's employer. Officer A did not and was not required to identify his place of employment when making this report. Officer A chose not to identify himself as a police officer so as not to compromise the investigation. Complainant alleges that he was fired as a result of Officer A's complaint to Complainant's company about his driving but the following shows otherwise. Complainant's supervisor reported that there were other contributing factors which lead to Complainant being placed on suspension at their job. Complainant's supervisor also stated that Complainant would not be fired due to the driving complaint but would have been monitored closer in the future. Furthermore, when interviewed Complainant admitted he quit his job. CONCLUSIONS Allegation: Officer A maliciously made false statements to Complainant's employer about Complainant's driving of a company vehicle which resulted in Complainant being suspended and fired from his job. - Complainant agreed with both Officer A and Officer B regarding Complainant's driving of the company vehicle. - Officer A used professional judgment and discretion in reporting Complainant's erratic driving behavior to Complainant's employer. - Complainant was not fired by his supervisor but put on suspension. - Complainant's employer stated that there were other contributing factors leading to Complainant being placed on suspension. - Complainant admittedly quit his job. - NOT SUSTAINED BOARD COMMENTS The Board would like to support the Iowa City Police Department in creating a written policy, procedure, rule or regulation which requires officers to request permission to leave city limits while on duty and NOT in pursuit of a violator or suspected violator, as well as requiring that the supervisory staff identify to the requesting officer the limits to such travel permission, and that such policy, procedure, rule or regulation be added to the Operations Section of the Iowa City Police Policy and Operating Procedures Manual. ...~ ~.. ~~- ~ .~ _ ~~, ~= ~.,. d `` .~. ~ %`~ ., ~ ~ PCRB REPORT OF DISMISSAL TO THE CITY COUNCIL Re: Investigation of Complaint PCRB#09-02 Complaint PCRB #09-02, filed April 20, 2009, has been dismissed for lack of standing based on City Code section 8-8-8 (B): Definition of Complaint; Complaint Process in General: B. Any person with personal knowledge of the alleged police misconduct .~ may file a PCRB complaint with the board. In order to have personal knowledge", the complainant must have been directly involved in the incident or witnessed the incident. If the person with personal knowledge is underage or otherwise unable to complete a PCRB complaint form, the PCRB complaint maybe filed by such person's designated representative. The city manager, the police chief, the city council or the board itself may file a PCRB complaint based on a reasonable belief that police misconduct has occurred regardless of personal knowledge. The person or official filing the PCRB complaint may hereafter be referred tq as the "complainant". The complainant who filed PCRB 09-02 lacked personal knowledge of the incident as defined above. DATED: June 9, 2009 ° ~...> -~: ° 4 +' s~ ~, ~ ~~ F ~i~ .~.y.~ j t ' ~ + ~ q r.Y~ WJ ` 1V MEMORANDUM TO: File FROM: Captain Johnson, Field Operations RE: uarterl /Summary Report (Quarter 2)- IAIR/PCRB, 2009 DATE: July 6, 2009 Attached you wilt find the 2009 Quarterly Report, (quarter 2), for the Iowa City Police Department Internal Affairs/Police Citizen's Review Board investigative file. cc: PCRB Chief Hargadine _.. y ..... ;- .~, l~ : '~ ~ ~,..r~ „ r. _-' ~`> l,~J N I.A.I. #:09-01 PCRB#: none incident Date: 12-3-0A Incident Time: 3:00 PM Location: ICPD Date Assi ned: 1-26-09 Allegation: 1. Violate RuleslRegulations Disposition: 1. Sustained I.A.I. #:09-02 PCRB#: 09-01 Incident Date: 2-10-09 Incident Time: various Location: Other Date Assi ned: 02-19-09 Allegation: 1. Improper conduct Disposition: 1. Not sustained I.A.I. #:09-03 PCRB#: none Incident Date: 2-21-09 Incident Time: 3:OOAM Location: 900 Iowa Avenue Date Assi ned: 02-21-09 Allegation 1. Violate Rules/Regulations Disposition: 1. Sustained I.A.I. #:09-04 PCRB#: 09-02 Inciden# Date: 4-10-09 Incident Time: 12:05AM Location: 100 E Coll a St Date Assi ned: 04-2408 Allegation 1.lmproper Action Disposition: 1. Com taint re'ected b PCRB com lainant absence of standin 1.A.1. #:09-04A PCRB#: 09-03 Incident Date: 410-08 Incident Time: 12:05AM Location: 100 E Coll a St Date Assi ned: 07-01-08 Allegation 1. Improper Action Disposition: 1. Pendin E ~~ r„.~ .rte lam. pU ~.. ° %"~ ~: .. .~ !..tJ W r... .,~, ,: I.A.I. #:09-05 PCRB#: 09-04 Incident Date• 6-19-09 Incident Time: 10:02PM Location: 200 Iowa Avenue Date Assi ned: 06-26-09 Allegation 1. Improper Conduct Disposition: 1. Pendin LA.I. #:09-06 Incident Date• 6-30-09 Location: 3500 Shamrock PI PCRB#: 09-05 Incident Time: 11:51 PM Date Assi ned: OT-01-09 Allegation 1. Excessive force Disposition: 1. Pendin ~.- ~.. c:~. ., ./ '~~` +-w.. ~3 ~.~ DEPARTMENT MEMO #09-18 TO: Chief Hargadine FROM: Captain R. D. Wyss RE: April- May 09 Use of Force Review DATE: 30 July 09 The "Use of Force Review Committee" met on July 30t'', 2009. It was composed of Captain Wyss, Sgt. Hurd and Sgt. Kelsay. The review of submitted reports for April (16 incidents-22 reports) and May (10 incidents-14 reports) were completed and no policy issues were identified. Of the 26 incidents over the two month period 16 Officers drew their sidearm or displayed a weapon (building search or felony stop) and there were 2 incidents where a sidearm was used for the destruction of animals. OC was deployed on two occasions, and a Taser was discharged on three separate occasions. Of the 26 incidents reviewed, 6 suspects had sustained injuries, and 3 Officers had sustained injuries. All of the injuries were classified as superficial. All personnel continue doing a good job in their documentation and review of the reports. Please contact me if you have any questions. --- '~ __ -~,. _ _. =°~;. ~ : _, e .. z.~, Copy: Iowa City Council, City Manager, PCRB, Watch Commanders, Review Corrunittee 07-30-09 Iowa City Police Department ~P6 P.A.U.L.A. Report -June 2009 (Possession of Alcohol Under Legal Age) Business Name joccupancyJ Monthly Totals Year-to-Da te Totals PAULA vtsrt (occupancy loads updated Oct '08) visits arrests visits arrests ear-to-date 808 Restaurant 8 Nightclub [176] 1 1 23 24 1.043 700 0 Airliner [223] 20 3 14 0 . 0.000 American Legion [140J Aoeshe Restaurant [156] 6 0 0.000 AUas World Grill (165J 1 0 0.000 Blackstone [297] Bluebird Diner [82] Bob's Your Uncle [260'] 15 0 0.000 Bo-James [200 Bread Garden Market & Bakery [?] 44 16 0.364 [It's] Brothers Bar 8~ Grill [556] 5 2 he] Brown Bottle [289 2 0 0.000 Buffalo Wild Wings Grill & Bar [189J Cafe Z (56] 3 0 21 0 0.000 Caliente Night Club [498 (opened nnnR) 8 0 0.000 Carl & Ernie's Pub & Grill [92J Carlos O'Kelly's [299] Chipotle Mexican Grill 119] 0 000 0 [The] Club Car [56J 5 0 8 23 0 . 0.000 Club Furia [280] Colonial Lanes 502 3 0 0.000 Dave's Foxhead Tavern [87J 0 000 0 David's Place (aka Dawit's) [73] 4 3 . 200 0 [ DC's 120 15 6 0 . 0.000 [The] Deadwood [218] Devotay [45] 8 0 0.000 Donnell 's Pub 49 7 0 0.000 (The] Dublin Underground [57] 0 0.000 [Fraternal Order ofJ Eagle's [315] 2 EI Dorado Mexican Restaurant [104 [BPOJ Elks #590 [205] EI Ranchero Mexican Restaurant [161} En lert Theatre 838 32 47 1.469 Etc [178] Fiesta Mexico (aka Farras) (200] 1 0 10 0 0.000 The Field House aka Third Base) [420 7 12 48 88 1.833 333 0 Firewater [114J 3 1 1 1 . 1.000 Formosa Asian Cuisine [149] 0 000 0 Geor e's Buffet [75 4 . Givanni's [158J Godfather's Pizza [170] 3 0 0.000 Graze [49J 8 0 0.000 Grizzly's South Side Pub [265] Guido's Deli [20] 5 0 0.000 Hawkeye Hideawa [94 6 0 0.000_ -~; [ The] Hilltop Lounge [90] 6 0 0.00t3s " IC Ugly's [72] India Cafe [100 1 0 10 0 ._ 0.000 - [TheJ Industry [436] 3 0 ' " ~~.? 0.000 Jimmy Jack's Rib Shack [71J 0 , 006-; , ; CC.' 0 Joe's Place [281J 1 0 10 . _: , Joseph's Steak House [226J 7 1 , ' "' 143- ~ ~j 0 Kamodo Klub [144] 5 0 . 0.000 ~; ~ ;> Kandv Land (1201 1 0 :~:~ y . y, ,~i J..^' ~ r- Karaoke La Reyna (78] La Casa [300] 1 0 0.000 La Re na 49 Linn Street Cafe [80] 6 0 78 0 0.000 Los Cocos [99] Los Portales [161 ' 1 0 10 0 0.000 s (200} Martini Masala [46] Mekong Restaurant 89 5 0 0.000 Micky's [98] 2 0 0.000 [The] Mill Restaurant (325] [Lo al Order of] Moose [476] - Monica's Italian Bistro & Pizzeria [160] 000 0 (Sheraton] Morgan's [231] 3 0 . Motle Cow Cafe (82 Okoboji Grill [222] 3 0 0.000 Old Capitol Brew Works [294] One-E ed Jake's [299] 2 2 21 24 1.143 One-Twenty-Six [105] Oyama Sushi Japanese Restaurant [87] Pa liars Pizza 113 Panchero's (Clinton St) [62] Panchero's Grill (Riverside Dr) [95] Piano Lounge [65J 8 0 0.000 (fhe] Picador [261] 1 0 6 0 9 0.000 321 0 Pints [180] 1 0 28 . Pit Smokehouse 40 Pizza Hut [116] Pizza Ranch [226] Quality Inn/Highlander [971 Quinton's Bar & Deli [149] 6 0 0.000 [The] Red Avocado [47] 2 0 0.000 Rick's Grille & Spirits [120) Riverside Theatre [118] 8 1 0.125 Saloon [120] 3 0 0.000 Sam's Pizza [174] [TheJ Sanctuary Restaurant [132] 3 0 0.000 Shakespeare's [90] 6 0 0.000 Short's Burger & Shine [56 7 0 0.000 Sports Column (400] 2 0 35 56 1.600 Studio 13 [206] 8 0 0.000 The Summit 36 4 5 40 78 1.950 Sushi Popo [84] Takanami Restaurant (148] 2 3 1.500 TCB [250] 1 0 22 0 0.000 Thai Flavors [60] Thai Spice [91] T. S oons [102] Union Bar [854] 4 2 39 43 1.103 VFW Post #3949 [197] (The Vine Tavem 170] 4 0 0.000 Vito's [320] 2 0 20 6 0.300 Wig & Pen Pizza Pub [154] 3 0 0.000 (Iowa Ci Yacht Club 206 7 0 0.000 Zio Johno's Spaghetti House [94] Z'Mariks Noodle House 47 Totals: 49 24 760 415 0.546 ~ .-- -i Other PAULA at non-business locations: 2 43 - PAULA Totals: 26 458 - ,. 'includes outdoor seating area cunent month yvar•to-hate ~ t. ^,,J ~J l `^ -~ ~'~ {7 ti r r _~~ ~ s..x:a •_~ 'x•~ OPS 03.1 Date of Issue General Order Number April 28, 2001 99-05 Effective Date Section Code June 12, 2009 OPS-03 Reevaluation Date Amends April 2010 95-03 USE OF FORCE ~D~Q~ .L~~e ~~ C.A.L.E.A. Reference 1.3.1 - 1.3.8, 1.3.13 INDEX AS: Use of Force Significant Force Use of Force .Model Arrests Reporting Investigation Canine Warning Shots ~.~, >>~, ~ ~~ w I. PURPOSE The purpose of this policy is to provide members of the Iowa City Police Department with guidelines on the use of deadly and non-deadly force. II. POLICY The Iowa City Police Department recognizes and respects the value and special integrity of each human life. In investing officers with the lawful authority to use force to protect the public welfare, a careful balancing of all human interests is required. Therefore, it is the policy of the Iowa City Police Department that police officers shall use only that force that is reasonable and necessary to accomplish lawful objectives and effectively bring an incident under control, while protecting the lives of the officers and others. ~~ ~.~ ~~~ :'~ ] OPS 03.2 III. DEFINITIONS Definition -Deadly force (Section 704.2, Code of Iowa) for the purpose of this policy shall mean any of the following: 1. Force used for the purpose of causing serious injury. 2. Force which the actor knows, or reasonably should know, will create a strong probability that serious injury will occur. 3. The discharge of a firearm, in the direction of some person with the , knowledge of the person's presence there, even though no ir~ent to inflict serious physical injury can be shown. ~" '"T'1 .~. .~~. . , ._ a~ 4. The discharge of a firearm, at a vehicle in which a person is -krt©wn~ to be. . - ~:'.~ I'J _..TM.~ ~.. y Definition -Serious injury (Section 702.18 Code of Iowa) .;~. w Means disabling mental illness, or bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Definition -Reasonable force (Section 704.1, Code of Iowa) Is that force and no more which a reasonable person, in like circumstances, would judge to be necessary to prevent an injury or loss and can include deadly force if it is reasonable to believe that such force is necessary to avoid injury or risk to one's life or safety or the life or safety of another, or it is reasonable to believe that such force is necessary to resist a like force or threat. Reasonable force, including deadly force, may be used if an alternative course of action is available if the alternative entails a risk to life or safety, or the life or safety of a third party, or requires one to abandon or retreat from one's dwelling or place of business or employment. Definition -Reasonable officer: Objective Standard 1. "The 'Reasonableness' of a particular use of force must be judged from the perspective of a reasonable officer on the scene rather than with the 20/20 vision of hindsight. Graham v. Connor, 109, S.Ct. 1865,1872. (1989) 2. "Reasonableness" also takes into account that police officers make judgements in a split second under circumstances that are "tense, OPS 03.3 uncertain, and rapidly evolving -about the amount of force that is necessary in a particular situation. Graham v. Connor, 109 S.Ct. 1865,1872. (1989) Definition -Less Lethal Munitions (as used in this policy) Means systems which are designed to stun, temporarily incapacitate, or cause temporary discomfort to a person. IV. Code of Iowa -Use of Force in Making Arrests and Preventing Escape Section 804.8 Use of force by peace officer making an arrest. A peace officer, while making a lawful arrest, is justified in the use of any force which the peace officer reasonably believes to be necessary to effect the arrest or to defend any person from bodily harm while making the arrest. However, the use of deadly force is only justified when a person cannot be captured any other way and either: 1. The person has used or threatened to use deadly force in committing a felony, or 2. The peace officer reasonably believes the person would use deadly force against any person unless immediately apprehended. A peace officer making an arrest pursuant to an invalid warrant is justified in the use of any force which the peace officer would be justified in using if the warrant were valid, unless the peace officer knows that the warrant is invalid. Section 804.13 Use of force in preventing an escape. A peace officer or other person who has an arrested person in custody is justified in the use of such force to prevent the escape of the arrested.,, person from custody as the officer or other person would be jus~fied in a using if the officer or other person were arresting such person. . ..._ ~. v ._._ ;.~ V. PROCEDURES ~ '~ ~~.~ DEADLY FORCE c} ~~'~' ~ '~ ,e:- ii .. A. Purpose of statement ~ w 1. To delineate the Department's policy regarding the use of deadly force. OPS 03.4 2. To establish policies under which the use of deadly force is permissible. B. Policy 1. Officers of the Iowa City Police Department may fire weapons to stop or incapacitate an assailant to prevent serious bodily injury or death. For this purpose and to minimize danger to innocent bystanders, the officer should shoot at the center body mass, whenever possible. 2. An officer may use deadly force to protect him/herself or others from what he/she reasonably believes to be an immediate threat of death or serious injury. 3. An officer may use deadly force to effect the capture or prevent escape if: a. the person used or threatened to use deadly force in committing a felony, and b. the peace officer reasonably believes the person would use deadly force against a person unless immediately apprehended. > 4. No distinction shall be made relative to the age of the in~erlded _ ~~~ target. ~ --- '~ ~- ~: ~.., 5. Warning shots by officers of the Iowa City Police Departm~ntj,are~ ~-~ C, ,-~ ~.1 prohibited. ~ .~~: .. ~ ~ 6. A verbal warning shall be utilized prior to an officer discharging aw weapon unless it would compromise the safety of the officer or others. 7. Shooting at or from a moving vehicle is prohibited, except under the following circumstances: a. When the occupant of the vehicle is utilizing deadly force against the police officer or other persons. b. As a last resort to prevent death or serious injury to officers or other persons. c. As a last resort to apprehend a person who has just committed 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 OPS 03.5 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. °"~~i b. The extent of an injury is unknown or not visible. ~ ~ ,;~; i~'° ^-~ ,~ ~ ~ ~~ ~ -~` J c. The nature or extent of the injury dictates. ~, ~; -~° .. Officers shall err on the side of caution, requesting EMS to respondW to the scene if in doubt about the existence or extent of an injury. D. Surrender of firearm. When officers or employees discharge a firearm that results in personal injury or death to any person, the officer or employee shall surrender that firearm to his/her supervisor or a higher authority consistent with departmental directives. Firearms involved in police shooting incidents shall not be unloaded, cleaned, nor in any way altered from the condition immediately following discharge other than to make the weapon safe for transport. 1. When more than one officer or weapon has been involved in a shooting situation resulting in any injury or death, the involved weapons must be surrendered to the commanding officer in accordance with departmental directives. 2. The commanding officer receiving such firearm or firearms shall immediately secure and document the same as evidence. LESS LETHAL FORCE A. Where deadly force is not authorized under this policy, officers should assess the incident in order to determine which less lethal technique will best de-escalate the incident and bring it under control in a safe manner. Officers shall use no more force than is reasonably necessary to gain control of an individual or situation. Officers are authorized to use force consistent with the Use of Force model. OPS 03.6 B. Definition-Use of Force. Use of force is any contact applied by an officer that significantly restricts or alters the actions of another and/or compels compliance with the demands or instructions of the officer. This includes the use of restraint devices such as handcuffs. C. An officer shall use no more force than that officer reasonably feels is necessary in the performance of their official duties. Use of force by an officer is justified in, but not limited to, the following situations: -~ ~:,, ;~ _ 1. To protect the officer or others from physical harm. "'~ ' .; ; ,,, ;~. 2. To control an arrestee or a potentially violent person. ~-a~ ~~ ~~! 3. To restrain or subdue a resistant individual. ~.~. Approved restraint devices are handcuffs (hinged and chain style), flexcuffs and nylon leg restraints. 4. To bring an unlawful situation safely and effectively under control. ._ , w D. Officers shall offer medical treatment at a hospital to any non- combative person who has been exposed to a chemical irritant / OC spray. Officers shall decontaminate a person exposed to a chemical irritant and continue to monitor the condition of that person until they are no longer in the custody of the officer. NOTIFICATIONS A. Any officer who discharges a firearm in the course of their duty, shall immediately contact his/her supervisor. (This does not apply to animal euthanasia where supervisory permission to discharge the weapon must be sought prior to the destruction of the animal ((see section B in "REPORTING USE OF FORCE INCIDENTS")) or training situations) If this is not practical, the officer shall contact the on-duty patrol supervisor. The notified supervisor shall then contact the following individuals: 1. The involved officer's division commander. a. It shall be the Division Commander's responsibility to notify the Chief of Police. b. If the Division Commander cannot be notified, a watch supervisor shall notify the Chief of Police. _'°" 4_ OPS 03.7 2. The County Attorney of the county in which the incident occurred. 3. The City Attorney. 4. The City Manager. ~"' `r' e..M; ..W 5. The Criminal Investigation Commander or his/her designee. ~~_ ;- _; ~~-- ~~ . ~,~ 6. Other as Required by the Mandatory Call Matrix ~ B. The on-duty watch supervisor shall be immediately notified or summoned to the scene of any incident where use of force results in a physical injury. C. The on-duty watch supervisor shall be immediately notified when a chemical irritant / OC spray is utilized. D. The on-duty watch supervisor shall be immediately notified when a conducted energy device is discharged. REPORTING USE OF FORCE INCIDENTS A. Discharge of Firearms-report required. Any officer who discharges a firearm for any reason or purpose other than those exceptions listed in this section, shall make a written report to his/her immediate supervisor as soon as circumstances permit. This written report will then be forwarded through the chain of command to the Chief of Police for review. Exceptions to the requirement of a written report applies to the following circumstances in which no accident or injury results: 1. The discharge of firearms on firearm ranges or in an area for firearms practice. 2. Sporting events to include lawful hunting and organized shooting matches. B. When, in accordance with applicable law, it becomes necessary for an officer to discharge a firearm to destroy an animal which presents a danger or is seriously injured or ill, the officer will, prior to discharging the firearm, request permission to do so from the on-duty supervisor. If such action must be immediately taken in order to protect the officer's or another person's safety, the officer need not delay action in order to request this permission. In this circumstance, however, the Watch cs3 areas &~ ~~ ~~,,~ OPS 03.8 Supervisor must be notified immediately after the firearm is used. A Use of Force report is required. C. Review Committee Use of force incidents shall be reviewed by a committee consisting of a minimum of three sworn personnel. The committee shall consist of a Division Commander, the Sergeant of Planning and. Research and/or Training Sergeant, and a third person designated by the Division Commander. This group will, at a minimum, meet every two months to review the Use of Force reports from the previous two months. 1. The purpose of this committee shall be to review all facts and reports concerning use of force incidents for: appropriateness of force used, for any training which may be necessary, and/or any need for policy changes. This committee will make recommendations on these matters to the Chief of Police. All shooting incidents, with the exception of the destruction of animals, shall be reviewed by a Division Commander and a committee made up of five members of the department. This committee shall include a Lieutenant, a Sergeant, and three officers. 2. The purpose of this committee will be to review all facts and reports concerning shooting incidents (absent destruction of animals, such cases being reviewed by the Use of Force Review committee) for appropriateness of force used, for any training recommendations which are necessary, and/or any need for policy changes. This committee will make recommendations on these matters to the Chief of Police. D. Reporting a Use of Force Incident. 1. A Use of Force report with a written narrative regarding any use of force incident will be included with an incident report. The report(s) shall contain the following information: .'"; a. Arrestee/suspect information. b. Incident number(s), date and time of incident, and reporting'"`~ -- ..,f ~ .:. officer. ` ~ `'r' c. Description of actual resistance encountered. `~ ~ _.. .. ~ ~ d. All required fields completed in Use of Force report. `"' .;.~~.~ OPS 03.9 e. The force used by the officer to overcome the resistance and -..., the specific weapon or technique used. ~~ ._ ,~. f. A description of any alleged or actual injuries to either the officer, g~ or suspect. ~ - ~~ ~~,~'~ r, T ~, g. Pictures taken of ~ injuries to either the officer or suspect ,.. ~T .. h. Exposure to Chemical Irritant / OC spray will additionally require w the documentation of hospital treatment being offered, supervisor notification, and decontamination procedures. i. A Conducted Energy Device deployment will additionally require the documentation of medical treatment, if medical treatment is refused by the suspect, supervisor notification and the number of cycles/applications used. 2. When the only use of force is the application of handcuffs, double locked, no use of force report is necessary. The application of handcuffs, double locked will be documented on a written complaint or citation or in the body of an incident report. 3. A supervisor of the reporting person shall review the report for adherence to Department policy and procedure and document their conclusions. 4. All reports concerning use of force shall be forwarded through the chain of. command to the Division Commander for review. E. At a minimum, the Chief of Police and/or designee will conduct a documented analysis of all reports and incidents of force annually. An analysis of reports and incidents of force could reveal patterns or trends that indicate training needs, equipment upgrades and/or policy modifications. INVESTIGATION OF USE OF FORCE RESULTING IN DEATH OR SERIOUS INJURY A. When any member of the police department is involved in an incident resulting in death or serious injury, a thorough and objective investigation of facts and circumstances will be initiated as soon as practical by the Chief of Police's designees and completed as soon as practical OPS 03.10 B. The Chief of Police or his/her designee shall decide whether the DCI and/or any other outside agency shall be called to assist in the investigation. C. If an incident resulting in death or serious injury which involves a sworn Iowa City police officer occurs in another police jurisdiction, the officer shall cooperate with that jurisdiction, as set forth in Iowa City Police Department directives. --~- '~> D. The on-duty watch commander/supervisor shall ensure that = .__ °'~°~ appropriate case reports are initiated and that potential evidence~.s"`~ - _.._; ~. ,, ~,., F~.. preserved. ~., ; . ~- f'i't ~; 9 E. The officer(s) or employee involved in the death or serious inju~' all. ~ ~'~ be relieved of field duty without the loss of pay or benefits, pendt~+g the.. results of the departmental investigation. Other officers or employees`' involved in the incident also may be relieved of field duty without loss of pay or benefits at the discretion of the Chief of Police, while the investigation is pending: 1. The officer or employee shall be available at all times for official interviews and statements regarding the case, and shall be subject to recall to duty at any time. The officer or employee must receive permission from the Chief of Police, or the Chiefs representative, prior to leaving the metropolitan area. If such permission is given, the officer or employee shall supply phone number(s) of their location and duration of their absence. 2. The officer or employee will not discuss the case with anyone except the prosecuting attorney and/or persons designated by the Chief of Police or their designee. This does not prohibit the officer or employee from discussions with their attorney. If the officer or employee may be the subject of internal review or criminal charges their constitutional rights and administrative .protections will be maintained. The officer or employee will attend post-traumatic stress counseling at the discretion of the Chief of Police. 3. At the discretion of the Chief of Police, the officer or employee may be returned to duty upon departmental receipt of notification from the counselor or mental health professional indicating the officer's fitness for duty. F. The investigation and administrative leave policy outlined herein is not intended to imply or indicate the officer or employee has acted improperly, but is designed to safeguard the officer or employee and the Department. OPS 03.11 A. ~~ QA~ ,,~. i~ a°! 3" G. The Chief of Police may appoint one or more individuals to conduct a separate yet parallel (administrative) investigation into a use of force incident to ensure all personnel followed departmental policies and guidelines. USE OF FORCE MODEL ~~ =ry Police officers are given the unique right to use force, even ~de~dly ~~; force, against others for legitimate law enforcement purposes..r.~The~- right to use force carries with it an obligation to use that for_ce~=-in a responsible manner. Police agencies have an obligation to f~rid their employees with the policies, training, and tools neces^jr to= accomplish their mission. Selection of a use of force response frorrx~ the options articulated in this model will be based on: the skills`,`` knowledge, and ability of the officer; the perceived threat and amount of resistance offered by a subject; and consideration of the situational framework. A defined Use of Force model will enhance the department's ability to manage the use of force and will benefit the officer by providing guidance, resources, and options. B. Officers of the Iowa City Police Department shall follow the principles of the Use of Force model. The model describes an escalation of force, which is based on a reasonable officer's perception of threat or resistance. As a subject's resistance escalates, more force options become available to the officer. When resistance stops, the officer must de-escalate, but only after control (e.g. handcuffing) is accomplished. Officers of the Iowa City Police Department must generally employ the tools, tactics, and timing of force utilization consistent with the Model's proscription and training protocols. Due to the fact that officer/citizen confrontations occur in environments that are potentially unpredictable, "tense, uncertain, and rapidly evolving" (Graham v. Connor, 109 S.Ct. 1865, 1872. (1989) the officer may utilize tools, tactics, and timing outside the parameters of the Model. However, these applications of force must meet the same test of reasonableness as those which have been previously identified and approved by the Department. C. Reasonable officer's perception/Reasonable officer's response (see attached matrix) Samu I Hargadln hief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of 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 03.12 LEVEL ONE Perception -Subject is compliant Response - Cooperative controls (includes: positioning, communications skills, handcuffing searching techniques, arrest and transport controls) mental preparation, spatial positions and techniques, ••' '' • '• USE OF FORCE MODEL -FUNCTIONAL PROFILE COMPLIANT LEVEL I COOPERATIVE CONTROLS MENTAL PREPARATION > > > PERCEPTION SKILLS RISK ASSESSMENT SURVIVAL ORIENTATION SPATIAL POSITIONING > OFFICER STANCE BODY LANGUAGE RELATIVE POSITIONING COMMUNICATI©N SKILLS > > VERBAL NON-VERBAL. HANDCUFFING POSITIONS > > WALL STANDING ~`~ PRONE ~ -: -= "'~,~ KNEELING c~ - , `" .,. °i C~ t.n HANDCUFFING TECHNIQUE > CONTROLLED ' ~ ~„ l J ~ .~ ~M SEARCHING TECHNIQUES > WALL _.. STANDING ''''' PRONE w KNEELING SPECIALIZED TECHNIQUES > > OPPOSITE SEX FRISK STRIP ARREST TECHNIQUES > SINGLEAFFICER MULTIPLE'OFFICERS ESCORT CONTROLS > SINGLE OFFICER MULTIPLE OFFICERS TRANSPORT CONTROLS > SINGLE OFFICER MULTIPLE OFFICERS OPS 03.13 LEVEL TWO Perception -Subject is passively resistant Response- Contact controls (includes: contact controls, conflict management techniques, mass formation arrest techniques (multiple officer lifts, stretchers, wheelchairs etc.) -USE OF FORCE MODEL - FUNCIONAL PROFILE :RESISTANT PASSIVE LEVEL II CONTACT CONTROLS ENFORCEMENT ELECTIVES CONFLICT MANAGEMENT TECHNIQUES > SINGLE SUBJECT MULTIPLE SUBJECTS ARM. CONTACT CONTROLS > WRIST > HAND ARREST TECHNIQUES > MASS FORMATION > ESCORT TECHNIQUES' >` TRANSPORT TECHNIQUES .. ... ~ ..~, ~~ ~~ ~~~ f, u :Pj ~ cy ~~ .. ~-~ > «-.+ W OPS 03.14 LEVEL THREE Perception-Subject is actively resistant Response -Compliance techniques (includes: neuro-muscular controls, joint manipulation, nerve compression, chemical irritants, e.g. OC spray, controlled stopping devices for fleeing vehicle incidents) COMPLIANCE TECHNIQUES USE OF FORCE MODEL -FUNCTIONAL PROFILE RESISTANT Active LEVEL III CQMPLIANCE TECHNIQUES ENFORCEMENT`ELECTIVES: I & II > NERVE COMPRESSION TECHNIQUES COMPLIANCE CONTROLS > CHEMICAL IRRITANTS, CROWD CONTROL CHEMICAL MUNITIONS CONTROL TACTICS HEAD , NERVE COMPRESSION TECHNIQUES: > NECK NEURO-MUSCULAR CONTROLS > ARM > LEG CONTROL TACTICS > WRIST ROTATION > ELBOW LEVERAGE BICYCLE > TAKE DOWN TECHNIQUES VEHICLE PURSUIT TACTICS > COMMUNICATIONS/ASSESSMENT SKILLS > PACING/TRALLING TECHNIQUES'. ~~ , ~. _ . .u~ _ .' ~ . ~ ` ~, ~ ±~ . :~ -~,- ~~ .. y`~' '; l t.! OPS 03.15 LEVEL FOUR Perception -Subject is physically assaultive and may cause bodily injury Response- Defensive tactics (includes: personal weapon defense, e.g. hands, knees, feet, active countermeasures, etc.; impact weapons, e.g. ASP, weapon retention techniques, conducted energy devices) USE OF FORCE MODEL -FUNCTIONAL PROFILE ASSAULTIVE Possible Bodil Harm LEVEL: IV DEFENSIVE TACTICS ENFORCEMENT ELECTIVES:, I, II, III > > PERSONAL WEAPON DEFENSES > > >. HEAD HANDS ELBOWS FEET .KNEES IMPACT WEAPONS ASP > STRIKES LESS LETHAL 1NEAPONS > > > IMPACT PROJECTILES CANINE OPERATIONS CONDUCTED ENERGY DEVECES OTHER OPTIONS WEAPON RETENTION TECHNIQUES (Less Lethal) > > > FRONT REAR SIDE -OTHER WEAPONS > CANINE CONTROL/APPREHENSION TECHNIQUES *Deployment of canine for apprehension/protection shall be preceded by actions of suspect which are consistent with level 4 (Assaultive- Bodily Harm) behavior. The exception to this is the deployment of canine for building searches or related circumstances, where the suspect actions are not known. In this circumstance procedures spelled out in the "Canine Operations" General Order (99-04) shall be followed. _ , ~I i ~~ ~ a~~~ ~- , ~- OPS 03.16 LEVEL FIVE Perception -Subject is assaultive and likely to cause SERIOUS bodily injury or death Response- Deadly force (includes: weapon/weapons attack defense, lethal force utilization with service/supplemental weapons, forcible stopping techniques for assault with vehicle incidents) USE OF FORCE MODEL.- FUNCTIONAL PROFILE ASSAULTIVE `LEVEL V DEADLY FORCE:. Serious Bodl .Harm/Death ENFORCEMENT ELECTIVES; I, II, II) & IV WEAPON .ATTACK DEFENSE > WEAPONLESS WEAPON RETENTION TECHNIQUES > SERVICE WEAPON LETHAL FORCE UTILIZATION > SUPPLEMENTAL WEAPON > OTHER OPTIONS OTHER OPTIONS: > CONTACT FORCIBLE STOPPING TECHNIQUES > ROADBLOCK ~,~~ __ --- :~ ~ ., r...: ~ ,~ >-:~. ~ +~ Y~ '+ . . +r. -[':: PER-02.1 HARASSMENT AND SEXUAL HARASSMENT Dafe of Issue General Order Number JUNE 30, 2000 00-02 Effective Date Section Code June 19, 2009 PER-02 Reevaluation Date Amends /Cancels ;,~ JUNE 2010 _ ' ` M a . ~,~, , G ~~~ .~~ iv C.A.L.E.A. Reference =-; ~ ~: i~ 26.1.3 ~ `' INDEX AS: Harassment Sexual Harassment Supervisor Responsibilities ~; ..~ ~ -- Complaint Procedures =` w.~~'3 I. PURPOSE The purpose of this order is to maintain a healthy environment in which all individuals are treated with respect and dignity and to provide procedures for reporting, investigating and resolving complaints of harassment and discrimination. Federal law provides for the protection of classes of persons based on race, color, sex, religion, age, disability and national origin. This policy, as well as City Ordinance, also protects persons based on their sexual orientation. II. POLICY It is the policy of the Iowa City Police Department that all employees have the right to work in an environment free of all forms of harassment by employees, whether sworn, civilian, or volunteer, as well as non-employees who conduct business with this agency. This agency considers harassment and discrimination serious misconduct. Therefore, the Iowa City Police Department shall take direct and immediate action to prevent such behavior, and to remedy all reported instances of harassment and discrimination. A violation of this departmental policy can lead to discipline up to and including termination. PER-02.2 III. DEFINITIONS Sexual harassment is unwelcome conduct which affects a term or condition of employment or creates an intimidating, hostile or offensive working environment. Sexual harassment may take the form of deliberate or repeated unsolicited verbal comments, questions, representations or physical contacts of either a sexual or non-sexual nature which are unwelcome to the recipient or observer. Even harassment that is not of a sexual nature, if sufficiently pervasive and offensive, is prohibited in the workplace. Sexual harassment may also take the form of making or threatening to make decisions affecting an employee's job on the basis of an acceptance or refusal of a request for sexual intimacy. (See also, City of Iowa City Personnel Policies Manual.) IV. PROCEDURES Sexual harassment is a form of misconduct which undermines the integrity of the employment relationship. Such harassment is prohibited for all employees, regardless of their status, and includes supervisors, subordinates and co- workers. No employee, either male or female, should be subjected to such conduct. Sexual harassment may also be charged between same sex employees. Sexual harassment may take the form of verbal or physical conduct that has the purpose or effect of creating an intimidating, hostile, or offensive working environment. This type of prohibited activity may take the form of sexually explicit or vulgar language, sexual jokes or innuendo, unwelcome touching and lewd gestures or physical conduct, but is not limited to such activity. It may also include more subtle actions which are directed at an individual. Racial, creed, ethnic, religious, age, sexual orientation, gender identity, national origin or disability harassment is also a form of serious employee misconduct, is prohibited for all employees, who are subject to disciplinary action up to and including termination for violations. _. +. PROHIBITED ACTIVITY ~°'i 1. No employee shall either explicitly or implicitly ridicule, mocks ~derid~~or L belittle any person. " ~ . ~``' ~~~~, `~~ 2. Employees shall not make offensive or derogatory comme~s~ to any ~~~ person, either directly or indirectly, based on race, color, set, religion, age, disability, sexual orientation or national origin. Such harassment-4~ a prohibited form of discrimination under state and federal law and is also considered serious misconduct, subject to disciplinary action, up to and including dismissal from the Department. 3. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: a. Submission to such conduct is made either explicitly or implicitly a term or condition of employment. PER-02.3 b. Submission to or rejection of such conduct by an employee is used as the basis for employment decisions affecting the employee: or c. Such conduct has the purpose or effect of unreasonably interfering with an employee's work performance or creating an intimidating, hostile or offensive working environment. 4. Individuals covered under the policy include all persons employed with the department, whether sworn or civilian. This policy also covers all volunteers and interns associated with the department. SUPERVISOR /EMPLOYEE RESPONSIBILITIES Each supervisor shall be responsible for preventing acts of harassment. This responsibility includes but is not limited to: 1. Monitoring the unit work environment on a daily basis for signs that harassment may be occurring; 2. Counseling all employees on the types of behavior prohibited, and the departmental procedures for reporting and resolving complaints of harassment; 3. Stopping any observed acts that may be considered harassment, and taking appropriate steps to intervene, whether or not the involved employees are within his/her line of supervision; and 4. Taking immediate action to prevent retaliation towards a complaining party and to eliminate any hostile work environment, where there has been a complaint of harassment, pending investigation. a. If a situation requires separation of the parties, care should be taken to avoid actions that appear to punish the complainant. b. Transfer or reassignment of any of the parties involved should be voluntary if possible and, if non-voluntary, should be temporary pending the outcome of the investigation. Each Supervisor has the responsibility to assist any employee of this department, who comes to that supervisor with a complaint of harassment, in documenting and filing a complaint with the Chief of Police for investigation. Each employee of this agency is responsible for assisting in the prevention ~af harassment through the following acts: ,~ 1. Refraining from participation in, or encouragement of, actions that..: could ~e perceived as harassment; M= ~~.' "``' r, 2. Reporting acts of harassment to a supervisor, and ~ ~, -- 3. Encouraging any employee who confides that he/she is being harassed-t8r discriminated against to report these acts to a supervisor. . ~ :t x~ ~.~ PER-02.4 Failure of an employee to carry out the above responsibilities may be considered in any performance evaluation or promotional decision and may be grounds for discipline. COMPLAINT PROCEDURES 1. Any employee encountering harassment is encouraged to inform the harassing person that his/her actions are unwelcome and offensive. The employee is encouraged to document all incidents of harassment in order to provide the fullest basis for investigation. 2. Any employee who believes that he/she is being harassed should report the incident(s) to their supervisor as soon as possible, so steps may be taken to protect the employee from further harassment, and appropriate investigative and disciplinary measures may be initiated. Where, in the opinion of the employee, this is not practical, the employee may instead file a complaint with another supervisor, the Chief of Police, or persons identified in the City of Iowa City Personnel Policies manual. In instances where the Chief of Police is accused of harassment, the assistant City Manager shall be notified and will direct the investigation. ;~, a. The supervisor or other person to whom the complaint is gwen sl~ll meet with the complaining employee and document the iticaden~(.~) ~ complained of, the person(s) performing or participating in tlt~ ,~Ileged ~- 4 r~ ~ harassment, witnesses to the incident(s) and the date(s) orrVuhicl~it occurred. ~"' s-°~ °~ b. The employee taking the complaint shall promptly ~l~cnit confidential memorandum documenting the complaint to theiief ~f Police. ~ -~ 3. The internal investigating authority designated by the Chief of Police shall be responsible for investigating any complaint alleging harassment or discrimination. a. The internal investigating authority shall immediately notify the Chief of Police and the City/County Attorneys office if the complaint contains evidence of criminal activity, such as assault, sexual assault or attempted sexual assault. b. The investigator shalt include a determination as to whether other employees are being harassed by the person, and whether other agency members participated in or encouraged the harassment. c. The Chief of Police shall inform all parties involved of the outcome of the investigation. d. A file of harassment complaints shall be maintained in the office of the Chief of Police and the Chief of Police shall compile an annual summary of all harassment complaints. e. Findings of the investigation shall be entered into the member's personnel file in accordance with departmental guidelines on internal investigations. PER-02.5 4. The complaining party's confidentiality will be maintained throughout the investigative process to the extent practical and appropriate under the particular circumstances. 5. Complainants or employees accused of .harassment may file a grievance/appeal in accordance with departmental procedures, applicable state law and union contract when they disagree with the findings of the investigation or disposition of the harassment claim. 6. This policy does not preclude any employee from filing a complaint or grievance with an appropriate outside agency. RETALIATION 1. There shall be no retaliation against any employee for filing a harassment or discrimination complaint, or for assisting, testifying or participating in the investigation of such a complaint. 2. Retaliation against any employee for filing a harassment or discrimination complaint or for assisting in the investigation of such a complaint is illegal and is prohibited by this department and by federal statutes. 3. Retaliation is a form of employee misconduct. Any evidence of retaliation shall be considered a separate violation of this policy and shall be handled by the same complaint procedures established for harassment and discrimination complaints. 4. Monitoring to ensure that retaliation does not occur is the responsibility of the Chief of Police, supervisors and the internal investigative authority. Samuel Hargadme, 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. ,,. ".= ~ y~~ ~ ~s~ -- -~ ~.,.. ~ ~r LEG-05.1 Date of Issue General Order Number Jul 21, 2000 00-05 Effective Date Section Code Jul 18, 2008 LEG-05 OFF-DUTY CONDUCT: POWERS OF ARREST ~D ~ ~ o o~~ ` C k,~ C.A. L. E.A. Reference 1.2.5, 1.2.6, 1.2.7 - INDEX AS: Use of Force Arrests Weapons U. _. w ... - ~; ; r _~. ~- ~; :~; ~. ~Q .:, ~' I. PURPOSE The purpose of this policy is to provide guidelines to police officers regarding acceptable criteria for effecting an off-duty arrest. II. POLICY Off-duty officers are often faced with situations involving criminal conduct that they are neither equipped for nor prepared to handle in the same manner as if they were on duty.. This may lead to unnecessary injuries to off-duty officers,. and confusion for those on-duty officers arriving at the scene. In order to promote safety and efficiency, it is the policy of the Iowa City Police Department to determine and regulate those situations and locations within which a sworn member is permitted to effect an arrest while off- d uty. LEG-05.2 III. DEFINITIONS Personally involved: An officer is deemed personally involved where the off-duty officer, a family member, or a friend becomes engaged in a dispute or incident involving a personal matter with the person to be arrested or any other person connected with the incident. This policy specifically cautions off-duty officers from using their designation as a police officer in situations where they are personally involved. Officers should remove themselves from any involvement in such a situation and immediately contact on-duty personnel to handle. IV. PROCEDURES A. Liability Protection Officers of the Iowa City Police Department have liability protection for the on and off-duty performance of official duties. This protection does not extend to acts intended to cause injury or damage, to willful or wanton acts or omissions, or to those actions that the officer knew, or reasonably should have known, were in conflict with the law or established policies of the Iowa City Police Department. B. Permitted Off-Duty Arrests , When off-duty and within the legal jurisdiction of the City of Iowa City,%an off:er may make an arrest only when: .µ~.~ ,= = -.~ 1. There is an immediate need to prevent a crime or apprehend a susp~et; aid ~~ 2. The crime would require a full custodial arrest; and .~~ `-~`~ ~ u f~ .. 3. The arresting officer has in his/her possession, appropriate po'~e identification. 4. The officer is not personally involved in the incident underlying the arrest or the opportunity and/or means to have on-duty officers safely respond and handle were not reasonable. C. Off-Duty Responsibilities 1. While off-duty, the police officer is responsible for immediately reporting any suspected or observed criminal activity, qualifying a serious misdemeanor or higher, to on-duty personnel. 2. Despite the fact that a police officer has police powers 24 hours a day throughout the jurisdiction, except as allowed by this policy, off-duty officers should not enforce minor violations such as disorderly conduct, public intoxication, minor traffic violations or other nuisance offenses. On-duty personnel should be contacted to respond to the situation where an off-duty officer becomes aware of such violations and believes police intervention is necessary. LEG-05.3 3. Where an arrest is necessary, the off-duty-arresting officer shall abide by all departmental policies and procedures. D. Prohibited Off-Duty Arrests: When off-duty, an officer shall not make an arrest: 1. When the arresting officer is personally involved in the incident underlying the arrest and the handling by on-duty personnel is reasonable or 2. When engaged in off-duty employment of anon-police .nature, and the officer's actions are only in furtherance of the interests of the private employer. E. Carrying of Weapons Officers are prohibited from carrying off-duty weapons when the officer has consumed alcoholic or intoxicating beverages. a. Officers are prohibited from carrying off-duty weapons when they expect to consume ~ alcoholic or intoxicating beverage regardless of amount. b. If an officer decides to consume an alcoholic or intoxicating beverage, he/she shall secure their weapon in a securable area off the premises in which the alcohol is going to be consumed. If the officer is at his/her personal residence, he/she shall secure all department issued and department approved weapons prior to consuming alcohol. F. Review of Off-Duty Arrests Any officer conducting an off-duty arrest shall complete a report detailing the circumstances surrounding the arrest. This report shall include the name of the suspect, witnesses and other involved parties. This report shall be submitted to the on-duty watch commander, at the time of the incident, with a copy being forwarded to the Watch Commander of the officer initiating the arrest r revi~yu. ~~ • -- Samuel Hargadi ,Chief o~ ~,olic~, ~~ ~ r 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. OPS-16.1 POLICE CYCLIST Date of Issue General Order Number SEPTEMBER 25, 2000 00-07 Effective Date Section Code June 16, 2009 OPS-16 Reevaluation Date Amends /Cancels June 2011 C.A. L. E.A. Reference 41.1.3 ~, ~Q~ , ~~ . G ~~ ~ ~~~ ,, c:.~ `: INDEX AS: - ~ - Special Purpose Vehicles Vehicle Operations " ;,, ~'~' Police Cyclist Communications ;- ~~ ~~ r~ Body Armor ~ ,~~ --- ~; .. .. ~.. o I. PURPOSE The purpose of this policy to direct bicycle patrol operations. The Iowa City Police Department recognizes that bicycle (bike) patrol facilitates communications between officers and the public. Bike patrol also provides added mobility over automobiles in areas that are not accessible by motorized vehicles or traditionally are not patrolled. II. POLICY The Iowa City Police Department recognizes the need for specially equipped bicycles operated by trained cyclists. Iowa City Police Cyclists are expected to abide by state code and city ordinances pertaining to bicycles and "roadway" usage. OPS-16.2 DEFINITIONS Iowa Code section 321.231 states as follows: Authorized emergency vehicles and police bicycles. A. 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. B. The driver of any authorized emergency vehicle, may: 1. Park or stand an authorized emergency vehicle, irrespective of the provisions of this chapter. 2. 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. C. 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: 1. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation. 2. Exceed the maximum speed limits so long as the driver does not endanger life or property. D. The exemptions granted to an authorized emergency vehicle under subsection 2 and for a fire department vehicle, police vehicle, or ambulance as provided in subsection 3 shall 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, 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. E. The foregoing provisions shall not relieve the driver of an authorized emergency vehicle or the rider of a police bicycle from the duty to drive or ride with due regard for the safety of all persons, nor shall such provisions protect the driver or rider from the consequences of the driver's or rider', reckless disregard for the safety of others. ~~ ~ ~ ,,,, ~_~ v °i' OPS-16.3 III. PROCEDURES Officers selected as police cyclists are required to successfully complete a course of instruction as prescribed by the International Police Mountain Bike Association (IPMBA). A four-year commitment is required of officers who are selected as bike officers.. (This does not preclude officers from being promoted, requesting transfer to another division or otherwise being reassigned to positions where they would no longer serve as a bike officer.) A. Mandatory Equipment -Police Cyclists shall wear protective helmets as certified by ANSI or Snell Foundations, and as prescribed by OSHA regulations. Police Cyclists shall also protect their eyes with glasses and/or shields that guard against dust, exhaust, sunlight, and other hazardous materials. Eyewear shall be worn whenever officers engage in bicycle patrol. Eyewear and helmets shall be approved by the Commander of Administrative Services. B. Assignment -Police Cyclists shall be under the command of the on-duty watch commander unless otherwise specified. 1. The watch commander may assign police cyclists to duties at his/her discretion, taking into account staffing, location, time, and weather conditions. 2. Police Cyclists may be assigned to specific duties, or they may be assigned in a "routine" mode. Police cyclists are expected to interact with the public as part of their assignment. C. The cyclist shall perform an inspection of their bicycle prior to their beginning a tour of duty. Any malfunction or equipment maintenance that is needed shall be reported to the Commander of Administrative Services. No police cyclist shall attempt any repair that is beyond his or her training or level of experience. The police cyclist shall report any damage or maintenance needs to the Commander of Administrative Services. T,~ D. To the extent applicable, police cyclists are governed by d~~~rtmeihtal policies pertaining to vehicle operations. In addition: = °~`~ 1. Police cyclists shall obey applicable state statutes and city ~ardinances pertaining to vehicle operations and bicycles. - ` : "' °~~~ 2. Officers shall not ride their bikes on prohibited areas unless respandir~ in an emergency, or unless receiving prior approval from ~' Witch Supervisor. ~' , ~~ r,a E. Communications procedures - 1. Prior to the beginning of a tour of duty, the communications section shall be advised of which officer(s) are on bike. a) When dispatching a ca11 to a bike officer, the Emergency Communications Operator (ECO) shall insert the letter B prior to the officer's number. I.e. B-2, 10-25.... b) When a bike officer contacts the ECO, he/she shall insert the letter B prior to their number. I.e. City B-2, traffic... OPS-16.4 F. Body Armor - At their discretion, bike officers may elect not to wear their body armor. If the officer elects not to wear his/her body armor, he/she is not required to carry. their armor with them. G. Equipment -Police bicycles shall be equipped with a battery operated headlight and taillight system and a pack in which to carry equipment and supplies. In addition the cyclist shall be supplied with: 1. first aid pouch 2. required report forms or data collection materials 3. traffic and parking citations 4. other equipment as determined by the Commander of Administrative Services. Samuel Hargadin ,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. ., G ~-... ~.: ~ ~s -~:._° a ~~, ti~ a r; ~ ~.^ N OPS 05.1 BOMB THREATS/ EMERGENCIES Date of Issue General Order Number JUNE 26, 2001 01-04 Effective Date Section Code JULY 20th, 2009 OPS-05 Reevaluation Date Amends /Cancels JULY 2011 C.A.L.E.A. Reference ~~ -', w 46.1.5 ~.~ c.. _ w ~.., ~~ INDEX AS: ~~ :~ `~ Building Searches ~` `' Communications .~ Media I. PURPOSE The purpose of this order is to provide officers with procedures for dealing with actual or threatened bomb incidents to include response, deployment, search, evacuation and assistance to specialized units. II. POLICY While many bomb threats are later determined to be hoaxes, they all present particularly serious response requirements for law enforcement agencies. It is the policy of the Iowa City Police Department that all responses to bomb threats or emergencies be conducted systematically, efficiently and in a manner that gives primary consideration to the protection of human life. ~ , ~°~ De ~ ~ti C~ ~f -,~ ~"T'1 OPS 05.2 III. DEFINITIONS Bomb Threat: A bomb threat condition exists when an explosive device has been reported or is suspected to be at a given location. Bomb Emergency: A bomb emergency exists when a suspected or actual explosive device has been located or detonated. °. Bomb Disposal Commander: Current Bomb Team Commander. ,- P*z) IV. PROCEDURES ~- A. `~ ; , ,.n. COMMUNICATIONS RESPONSIBILITIES ~~ -' :~ oti 1. Communications personnel receiving bomb threats or warnings from-t= callers shall, to the degree possible: a. Keep the reporting party on the line. b. Identify the location of the device with as much precision as possible and determine when it will be or if it has been detonated. c. Attempt to determine; 1. What the device looks like; 2. The type of explosive device which is involved; 3. What will make it detonate, (e.g., radio signal, time delay, fuse;) 4. Why was it placed? 2. Communications personnel receiving reports from individuals or organizations that have received bomb threats shall: a. Alert the supervisor in charge; b. Determine the location, time of detonation, appearance and any other available information concerning the nature of the threat or' identity of the perpetrators; c. If no explosive device has been identified, ask the caller to check with employees and others for the presence of unusual parcels or items on the premises; d. Dispatch requisite patrol units and emergency personnel; and e. Ensure that the watch supervisor is notified as soon as practical. 3. Based on the nature of the threat, the supervisor in charge will, as required, make certain the following are alerted: a. Commander of Field Operations or designee; b. Chief of Police or designee; c. Fire, rescue and ambulance units; d. Bomb disposal personnel; e. Emergency rooms of local hospitals; a .~~ i OPS 05.3 f. Public Information officer; g. Local utility companies; h. When a bomb threat is received, the supervisor in charge may cause bomb disposal personnel to be notified for informational purposes. If a suspected or actual device is located, bomb disposal personnel shall respond to the scene and the Bomb Disposal Commander shall have control of the bomb scene, with the Incident Commander maintaining overall control of the incident. 4. When a bomb threat is received in writing, every effort shall be made to preserve the notice as evidence. B. RESPONDING OFFICERS RESPONSIBILITIES 1. Responding patrol units should not use any electronic transmission device within 300 feet of the reported location. This includes car and portable radios, MDTs, Cell phones etc. -; 2. If applicable, responding officers will contact the individual, whcaM= ~i received the threat to obtain additional information, including: ~ ~ ,~ a. Whether previous threats have been received; . , ~-~ ,.~. b. Possible motives and/or suspects; ,, ~ ~~~~ 4.. c. Vulnerabilities of equipment and personnel; and ~ ;~ ~ d. Exploration of any basic information provided to communica~ons. 3. In bomb emergencies, responding officers shall establish and secure a suitable perimeter. C. SEARCHING FOR EXPLOSIVE DEVICES 1. If an explosive device is alleged to be within a building but has not been located, the supervisor in charge will contact building owners and/or management to determine if a search of the facility is desired. 2. The decision to search, evacuate or to reenter astructure/location during a bomb threat will be the responsibility of the individual in charge of the property. a. The supervisor in charge at the scene shall provide information, as available, to responsible parties in order to assist them in making decisions on searching, evacuation or reentry. b. If building management and/or the responsible party does not wish that a search be conducted, no further action by the Iowa City Police Department is warranted pertaining to a search of the premises. The Iowa City Police Department will follow-up on all OPS 05.4 leads pertaining to the call and complete all reporting .requirements. c. In cases where a real or suspected explosive device, as determined by bomb disposal personnel, has been detected, the officer in charge shall cause the evacuation of the property regardless of the desires of the responsible party and/or property management. 3. Searches of target buildings/properties shall be conducted only with the direct assistance of employees or others knowledgeable of the contents and layout of the building. a. The supervisor in charge may request the assistance of a bomb detection canine and/or bomb disposal personnel in order to assist in conducting the search. b. A search plan shall be developed identifying the extent of the search, depending upon the type of establishment, the motivation of the perpetrator and accessibility of the building. c. Whenever practical, a floor plan shall be obtained and a systematic search organized by the supervisor in charge. The search plan shall establish communications within. the search area. d. In no case will a member of this department declare that no bomb is present or in any way make the representation that the building is safe to enter or occupy; regardless of the thoroughness of the search. 4. When conducting a search without the assistance of bomb disposal personnel, officers should be particularly alert to the following items as indicators that there may be explosives at the location. Officers should be cautioned that the absence of these items does not assure the absence of an explosive device: a. Explosive-related pamphlets, periodicals and books; b. Excessive amounts of galvanized or PVC pipe nipples, and.,. end caps, especially if they have drill holes in the nipple or cap; `-~= c. Low-explosive powders or other incendiary mixtures; .~- w; - ~.~;, d. Fuses of any type to include homemade burning fuses, such .as `., ~ ~-~ string soaked in a burning powder; -~+ ~~:~ ~`:~ a°~ e. Electrical switches; and =`~, ~,. f. Electrical matches, blasting caps or similar initiators. ~~:~' '~"' '__ ~' ~"~ t„ D. LOCATED EXPLOSIVE DEVICES ~ .~ 1. If a real or suspicious device has been located or explosive paraphernalia identified, officers should: a. Not attempt to move or otherwise disturb the device(s); b. Not use devices which transmit an electronic signal; OPS 05.5 c. Proceed with immediate evacuation of the structure and/or the area to a point consistent with the threat but not less than 300 feet from the device(s); d. Define and secure the perimeter; e. Notify communications of the discovery of the device; f. Notify the bomb disposal unit. 2. The supervisor in charge is responsible for the briefing of investigators and ordnance specialists as appropriate. 3. The bomb disposal commander shall have functional authority at any bomb emergency to direct departmental personnel in a manner necessary to accomplish its mission in a safe and efficient manner. 4. In situations where explosive or suspicious devices are found, the:~:> watch supervisor shall notify bomb disposal personnel. This ir~~' Nudes situations where citizens wish to surrender explosive devicess~td/off military ordnance. _~°:~ -~~ °i -~ ~ ~.~ ,,, r... y... E. POST-INCIDENT INVESTIGATION i ; : ~- ;~ U ~'. The Department's Investigative Section shall have primary respo~gsibilitj~, for investigating bomb incidents. During the investigation of bomk~ incidents, the department's bomb disposal personnel will work under the direction of the Investigative Supervisor or designee. The investigation is to include: 1. Checking the site for undetonated explosives or secondary devices; 2. Coordinating evidence recovery; 3. Requesting the assistance of other agencies to determine the nature and construction of explosives and identification of suspects; 4. Coordinating with intelligence operations of this department, and those of state and federal sources; and 5. Assisting in the evaluation procedures, area and perimeter security, the availability of emergency services and coordination with the incident commander. 6. Completion of all state and federal reporting requirements. F. REPORTING On an annual basis the ranking Iowa City Police Department Bomb Team member shall forward a report to the Commander of Field Operations. This report shall at a minimum contain: 1. The number and summary of calls received during the year; 2. The number and summary of bomb threats received during the year; OPS-22.1 CONDUCTED ENERGY DEVICES Date of Issue General Order Number Jul 2, 2008 08-01 Effective Date Section Code Jul 31, 2009 OPS-22 ~x ~°; - , ~-= C.A.L.E.A. 1.3.1, 1.3.4, 1.3.5, 1.3.6 Reference y'`` 1.3.7, 1.3.9, 1.3.10, 1.3.11, 1.3.12 Use of Force '' INDEX AS: Use of Force Less Lethal Weapons °. :,~.. S dpi Y I. PURPOSE The purpose of this order is to establish procedures for the deployment and use of a conducted energy device commonly known as the "TASER®". II. POLICY It is the policy of the Iowa City Police Department that officers shall use the least amount of force necessary to accomplish their lawful objectives while safeguarding their own lives and the lives of others. Consistent with this policy, the Department authorizes the use of conducted energy devices by officers certified in their use as an incapacitating weapon to: control a subject exhibiting active aggression when an officer reasonably believes that his/her life is in danger; effect a lawful arrest, or to otherwise control a combative, uncooperative person when verbal commands and persuasion have been ineffective in inducing cooperation; or to prevent a subject from harming himself/herself or others. A conducted energy device is never to be used on a passive subject, or as apain-inflicting device to ensure compliance or punitively for purposes of coercion, or in an unjustified manner. ~ ~~~( ~~~ C~ r OPS-22.2 III. DEFINITIONS Conducted Energy Device (CED) - A weapon primarily designed to disrupt a subject's central nervous system by means of deploying electrical energy sufficient to cause uncontrolled muscle contractions and override an individual's voluntary motor responses. The device fires probes from a replaceable cartridge. The probes are connected to the weapon by ahigh-voltage insulated wire. Electrical pulses are sent along the wires to the probes with the intended effect being to temporarily incapacitate the targeted subject. After Firing Identification Dots (AFID) -Small identification tags ejected from the cartridge when the Taser® is fired. The AFID's have the individual unit's serial number printed on them which identifies which unit was fired. Gas Cartridge -The replaceable cartridge which contains and fires the electrical probes. The Gas Cartridge has an expiration date and ejects AFID tags when fired. The Gas Cartridge has two probes on the front allowing it to be used as a contact device. When the Gas Cartridge is removed the device can also be used as a .contact Electro- Muscular Disruption device. ...~ Probes -Projectiles that are fired from a conducted energy device and penetrate the ,~ skin; wires are attached to the probes leading back to the CED. ~ ~'= ~. ..; __ y ::~ -' ~x~ IV. PROCEDURES _ rig " ,~ w A. DEPLOYMENT OF CONDUCTED ENERGY DEVICES ~'' ~ 1. A conducted energy device should not be pointed at any individual unless the officer reasonably believes it will be necessary to use the device. 2. For maximum effect, a conducted energy device should be fired at center body mass. The head, face, breast or genitalia should be avoided if possible. 3. When deploying a conducted energy device, officers should under normal circumstances use it for one standard cycle (a five second burst of current) and then evaluate the situation while using verbal commands. Should an aggressive subject not comply with the commands of the deploying officer, he/she may deliver a subsequent five-second cycle as reasonably necessary and re-evaluate the situation before delivering a another cycle. Alternate methods to subdue the subject should be considered. 4. When possible, an officer who deploys a conducted energy device will give a verbal warning prior to deployment, unless to do so would place any other person at risk. This verbal warning will fulfill these purposes: OPS-22.3 a. give an aggressive subject a final warning that his/her actions are dictating use of the device b. warn other officers and bystanders that the conducted energy device is about to be deployed. 5. The deploying officer will then direct the actions of any assisting officer(s) on the scene in handcuffing the subject. The conducted energy device will not deliver its charge to a second person unless that person places his/her hand or a body part in between the two probes. The conducted energy device should not be used on handcuffed subjects unless they are actively resisting or exhibiting active aggression and other control options would place the officer or others in imminent danger. ~: 6. Assisting officers shall approach the subject with caution so:~~'~, no~to ""``~ break the wires connecting the probes to the conducted energy c~uice.,,~ ~' r 7. Following a conducted energy device deployment, officers sf~i~~l,~, use F~ restraint technique that does not impair respiration. Q ~ ~ .~_ :~ 8. The conducted energy device "probe mode" should be the primary settir4~ option with the "drive stun" mode generally used as a secondary option. 9. A supervisor shall respond to all incident scenes where a conducted energy device has been discharged and conduct an initial review of the deployment. B. SITUATIONS WHERE CONDUCTED ENERGY DEVICES MAY BE USED 1. When an officer reasonably believes that the subject will become, or is engaged in violence directed towards the officer or others; or the subject's demeanor indicates they will engage in active aggression and other options would place the officer or others at risk. (active aggression is a greater standard than active resistance) 2. When it is deemed reasonable that lesser force options will likely be ineffective. 3. To stop a dangerous animal. C. SITUATIONS WHERE CONDUCTED ENERGY DEVICES SHALL NOT BE USED UNLESS DEADLY FORCE IS APPROPRIATE 1. Near flammable liquids, gases, blasting materials or any other highly combustible materials which may be ignited by the use of the device, including potential methamphetamine labs or subjects contaminated with such materials. 2. When it is reasonable to believe that incapacitation of the subject may result in serious injury or death. (i.e. falls, etc) OPS-22.4 D. SITUATIONS WHERE CONDUCTED ENERGY DEVICES SHOULD BE AVOIDED Although not strictly prohibited, officers should give additional consideration to the unique circumstances involved prior to applying a conducted energy device in any of the following situations. There must be compelling reasons for deployment which can be clearly articulated. 1. When the officer cannot approach the subject within its effective range. 2. On persons in wheelchairs. ~~ 3. To control persons in operation of a vehicle. ~~ ~~~ ,F_aflar _ ~k 3. On elderly persons. ~ %;-- .,~, ~~ rs ~ ~,: .,,,~ 4. On women known to be pregnant. ~ ~ ':~:' 5. On persons with known heart problems. 7. On persons with an apparent debilitating illness or who are visibly frail. 8. On young children or those under 80 pounds. 9. On individuals with known neuromuscular disorders such as multiple sclerosis, muscular dystrophy or epilepsy. E. POST DEPLOYMENT PROCEDURES 1. Probes, AFIDs and cartridge packs used against individuals will be recovered and submitted as evidence. 2. Skin Penetrating Probes: a. Officers should remove the probes as trained and inspect them to ensure the entire probe has been removed. Removal of broken probes should be done by medical personnel. b. In the event that a probe is broken off in the skin or the probe is not fully intact, the subject will be transported to a hospital. c. Only hospital personnel are to remove probes embedded in sensitive tissue areas such as the head, neck, throat, face, genitalia or female breast. d. Probes will be packaged in accordance with existing procedures for the storage and handling of bio-hazard OPS-22.5 materials. Probes which may be contaminated shall be clearly indicated as such on their package. 3. Probes which have not penetrated skin will be packaged to ensure the safety of persons later handling the evidence packages. 4. Packaging: a. All probes taken in accordance with this policy shall be packaged in accordance with the training received pertaining to the collection of the probes. When placed in temporary storage, the compartment containing the probes should be clearly marked as containing a potential hazard. b. Spent cartridges and a representative AFID sample from the spent cartridge will be packaged as evidence and may be placed in the same larger envelope as the spent probes. 5. If practical, photos shall be taken of probe impact areas that result in an injury. F. MEDICAL TREATMENT 1. Ensure the suspect's injuries or complaints of injury (if ,any) care appropriately treated by medical personnel. Monitor the suspeE~; fir sus ~.. of "excited delirium". ~~> -' .~~ 2. Medical treatment shall be obtained for any suspect that has ~cive~a conducted energy device discharge. ~ ,~, ~' o G. REPORTING 1. With the exception of training, all deployments of conducted energy devices will be documented on a Use of Force Report. 2. Aiming the device's dot or an arc display is considered a use of force. 3. Jail staff shall be notified of intake prisoners who have been exposed to a conducted energy device. 4. The Commander of Administrative Services or designee shall be notified (by e-mail) of deployments in order to download information from the device. H. TRAINING OPS-22.6 1. Certified instructors are the only authorized persons to instruct on conducted energy devices. 2. Only officers who have been trained by a certified instructor may employ a .conducted energy device. Officers are required to be re-certified annually. Officers who fail to qualify/show proficiency will be provided with remedial training according to the lesson plan. The Training Sergeant will maintain records to ensure that officers receive the training at the appropriate times. I. MAINTENANCE 1. Testing and maintenance of conducted energy devices will be consistent with the manufacturer's specifications and conducted by properly trained armorers. 2. Officers shall check the conducted energy device at the start of their tour of duty to ensure that the weapon has a functional charge. 3. Authorized officers will only carry a Department issued conducted energy device. 4. The holster will be carried on the duty belt on the side opposite the duty firearm. Non-uniformed officers will use an approved holster on the si~~.= opposite the duty firearm. "'~ _.:,; ~~~: 5. Officers shall not in any way alter or modify these weapons. -'~;a, C7 .~. ~ ~ .` Sa uel Hargadin hief Police w ~~1 c~ '._-~ 16 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. August 11, 2009 Mtg Packet PCRB COMPLAINT DEADLINES PCRB Complaint #09-03 Filed: 06/09/09 Chief's Report due (90days): 09/07/09 Chief's Report filed: ??/??/09 ------------------------------------------------------------------------------------ PCRB Mtg #1 (Review & Assign) ??/??/09 PCRB Mtg #2 (Review Draft Report) ??/??/09 PCRB Report due (45days): ??/??/09 ------------------------------------------------------------------------------------ PCRB Complaint #09-04 Filed: 06/25/09 Chief's Report due (90days): 09/23/09 Chief's Report filed: ??/??/09 PCRB Mtg #1 (Review & Assign) ??/??/09 PCRB Mtg #2 (Review Draft Report) ??/??/09 ------------------------------------------------------------------------------------ PCRB Report due (45days): ??/??/09 PCRB Complaint #09-05 Filed: 06/30/09 Chief's Report due (90days): 09/29/09 Chief's Report filed: ??/??/09 PCRB Mtg #1 (Review & Assign) ??/??/09 PCRB Mtg #2 (Review Draft Report) ??/??/09 PCRB Report due (45days): ??/??/09 PCRB MEETING SCHEDULE September 8, 2009 October 13, 2009 November 10, 2009 December 8, 2009 POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS June 2009 Date Description None POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS July 2009 Date Description 7-27-09 Person called re procedure to speak with member of the Board regarding potential process and procedure questions. Recommended contact with the Chair as their first step. POLICE CITIZENS REVIEW BOARD GENERAL RESPONSIBILITIES Established in 1997, by ordinance #97-3792, the Iowa City Police Citizens Review Board (PCRB) consists of five members appointed by the City Council. The PCRB has its own legal counsel. The Board was established to review investigations into claims of police misconduct, and to assist the Police Chief, the City Manager, and the City Council in evaluating the overall performance of the Police Department by reviewing the Police Department's investigations into complaints. The Board is also required to maintain a central registry of complaints and to provide an annual report setting forth the numbers, types, and disposition of complaints of police misconduct. .The ---~ Board shall hold at least one community forum each year for the purpose of hearing citizens' views on t~e.~' the policies, practices and procedures of the Iowa City Police Department. To achieve these purposes, the Board complies with Chapter 8 of the Iowa City Code and the Board's By-Laws and Standard Operating Procedures and Guidelines. ACTIVITIES AND ACCOMPLISHMENTS FOR FISCAL YEAR 2009 Meetings The PCRB holds monthly meetings on the second Tuesday and special meetings as necessary. During FY09 the Board held ten meetings and one Community Forum. Two meetings were cancelled due to lack of Board business. ICPD Policies/Procedures/Practices Reviewed By PCRB The ICPD regularly provided the Board with monthly Use of Force Reports, Internal Investigation Logs, Demographic Reports and various Training Bulletins. The Department also provided various General Orders for the Board's review and comment. A senior member of the Police Department routinely attended the open portion of the PCRB meetings, and is available for any questions Board members have regarding these reports. Presentations ____~ In September of 2008, the Board held it's first Community Forum as required by the change in the City Charter. Board Members In September of 2008, Elizabeth Engel and Loren Horton's terms ended and were replaced by Abbie Yoder and Janie Braverman. In October officers were nominated with Michael Larson as Chair and Donald King as Vice-Chair. COMPLAINTS Number and Type of Allegations Nine complaints (08-06, 08-07, 08-08, 08-09, 09-01, 09-02, 09-03, 09-04, 09-05) were filed during the fiscal year July 1, 2008 -June 30, 2009. Nine public reports were completed during this fiscal period (08-01, 08-02, 08-04, 08-05, 08-06, 08-07, 08-08, 08-09, 09-01) and one complainant was dismissed (09-02). The remaining complaints filed in FY09 are pending before the Board (09-03, 09-04, 09-05). Allegations Complaint #08-01 1. Unlawful Arrest. NOT SUSTAINED. 2. Improper Use of Force. NOT SUSTAINED. PCRB Annual Report FY 2009 - (DRAFT#1) - 2 3. Verbal Abuse of a Prisoner. NOT SUSTAINED Complaint #08-02 1. On January 14, 2008, Officer A cited the Complainant with reckless driving and two additional traffic citations. Complainant stated she was cited because Officer A does not care for her. NOT SUSTAINED 2. On January 15, 2008, the Complainant's car was issued a parking ticket by Officer B for parking on the curb. Complainant claimed her car was parked in her driveway. NOT SUSTAINED 3. On February 17, 2008, the Complainant called in a request for service involving a vehicle blocking her mailbox. Complainant stated the police did not respond to this call for service. Complainant called in the same complaint about the same vehicle on February 18, 2008. NOT SUSTAINED 4. On January 14, 2008, the Complainant called the police department in regard to an assault on her son. Complainant alleges the police would not allow her to file a complaint. NOT SUSTAINED Complaint #08-04 1. Excessive use of force/Improperly applied handcuffs. NOT SUSTAINED 2. Inadequate investigation of the incident. NOT SUSTAINED 3. Unprofessional behavior/Inappropriate interaction with a citizen. NOT SUSTAINED 4. Interference with a medical emergency. NOT SUSTAINED Complaint #08-05 1. Inappropriate comments about the complainant's pending marriage and military service. NOT SUSTAINED Complaint #08-06 1. Slandered the name and reputation of the complainant by calling him a drug dealer. NOT SUSTAINED 2. Harassed the Complainant by issuing the complainant a criminal trespass warning. NOT SUSTAINED Complaint #08-07 1. Officer was rude. NOT SUSTAINED 2. Officer was bullish. NOT SUSTAINED 3. Officer was unwilling to listen to reason. NOT SUSTAINED Complaint #08-08 1. Officer harassed her and was not trained in regards to service dog laws. NOT SUSTAINED 2. Officer harassed her, was rude, and not trained to proficiency regarding service dogs. NOT SUSTAINED 3. Officer harassed her, was rude to her and failed to recognize her dog was a service dog, even though it was wearing a service dog vest. NOT SUSTAINED 4. Officer did not issue the driver of the vehicle a citation. The complainant believed this was in retaliation for her complaining to Congressman Dave Loebsack's office about the police department. NOT SUSTAINED Additional Allegations: 1. The complainant alleged that the Police Chief refused to direct Officer C to issue a citation in retaliation for her complaint to Congressman Dave Loebsack's office. NOT SUSTAINED 2. Complainant alleges that the Chief told her that she had no authority to go to Congressman Loebsack's office because she had not been harassed by the police department. NOT SUSTAINED 3. The complainant alleges that the Chief lied to her when he allegedly stated he had spoken with her service dog's vet, who felt that the dog was not hit in the crosswalk. NOT SUSTAINED PCRB Annual Report FY 2009 - (DRAFT#1) - 3 Complaint #08-09 1. Complainant had to yell at Officer A to get him to assist in holding the girl. NOT SUSTAINED 2. The officers did not get a blanket to cover the half-naked girl in spite of Complainant's repeated request for one. NOT SUSTAINED 3. Neither Officer A nor Officer B assessed the situation, asked any questions about what was going on or used a flashlight to be able to see what was going on. NOT SUSTAINED 4. The officers prevented critical care of the girl by putting her flat on her back, handcuffing her and arresting the Complainant. NOT SUSTAINED 5. The officers used excessive force by handcuffing the girl and treating her roughly. NOT SUSTAINED 6. The officers used excessive force by yanking the Complainant's left arm and pointing a Taser at his face. NOT SUSTAINED 7. Officer A lied in his ICPD report in saying the Complainant was antagonistic towards the Officers, that Complainant was trying to start a fight or balling his fists, and that Complainant called Officer A a sorry son-of-a-bitch. NOT SUSTAINED 8. Officer A used bad judgment in moving the patrol car out into the roadway while his Complainant's wife was standing near the open door. SUSTAINED Complaint #09-01 1. Officer maliciously made false statements to Complainant's employer about Complainant's driving of a company vehicle which resulted in Complainant being suspended and fired from his job. NOT SUSTAINED Complaint #09-02 Complaint dismissed for lack of standing based on City Code section 8-8-3 (B). Level of Review The Board decided, by simple majority vote, the level of review to give each report, selecting one or more of the six levels specified in the City Code per complaint: Level a On the record with no additional investigation 9 Level b Interview or meet with complainant 0 Level c Interview or meet with named officer 0 Level d Request additional investigation by Chief or 0 City Manager, or request police assistance in the Board's own investigation Level a Board performs its own additional investigation 0 Level f Hire independent investigators 0 Complaint Resolutions The Police Department investigates complaints to the PCRB of misconduct by police officers. The Police Chief summarizes the results of these investigations and indicates in a report (the Chief's Report) to the PCRB whether allegations are sustained or not sustained. (If complaints are made against the Chief, the City Manager conducts the investigation and prepares and submits the reports.) The Board reviews both the citizens' complaint and the Chief's Report and decides whether its conclusions about the allegations should be sustained or not sustained. The Board prepares a report which is submitted to the City Council. Of the thirty-three allegations listed in the nine complaints for which the Board reported, one was sustained. PCRB Annual Report FY 2009 - (DRAFT#1) - 4 The Board made comments and/or recommendations for improvement in police policy, procedures, or conduct in three of the reports: Complaint #08-04 The board noted that while the criminal complaint against the Complainant stated that the Complainant "admitted to drinking, but denied it later" such admission was not noted anywhere in the Chief's report or supporting documentation submitted to the board. Complaint #08-06 The Board is concerned about the issuing of a criminal trespass warning without prior written authorization from the property owner. The Board is also concerned with the statement made by Officer D, to the Complainant, about purchasing a car that was seized and forfeited from complainant. This comment was made at the time Officer A appeared to be in charge of the situation. The comments could imply that the money found would be seized and forfeited also. This comment did not appear to further the investigation and the Board feels that Officer D should be spoken with about this behavior. Complaint #09-01 The Board would like to support the Iowa City Police Department in creating a written policy, procedure, rule or regulation which requires officers to request permission to leave city limits while on duty and NOT in pursuit of a violator or suspected violator, as well as requiring that the supervisory staff identify to the requesting officer the limits to such travel permission, and that such policy, procedure, rule or regulation be added to the Operations Section of the Iowa City Police Policy and Operating Procedures Manual. Name-Clearing Hearings The ordinance requires that the Board not issue a report critical of the conduct of a sworn officer until after aname-clearing hearing has been held. During this fiscal period, the Board scheduled no name- clearing hearings. Mediation Officers and complainants are notified by mail that formal mediation is available to them at any stage in the complaint process before the Board adopts its public report. All parties involved must consent to a request for mediation. No mediations were convened this year. Complaint Histories of Officers City ordinance requires that the annual report of the PCRB must not include the names of complainants or officers involved in unsustained complaints and must be in a form that protects the confidentiality of information about all parties. Complaints were filed against fourteen officers and the Police Chief in the nine complaints covered by the FY09 annual report. ICPD Internal Investigations Logs The Board reviewed the quarterly ICPD Internal Investigations Log, provided by the Chief of Police. COMPLAINT DEMOGRAPHICS The following is demographic information from the nine complaints that were completed in this fiscal year. Because complainants provide this voluntarily, the demographic information is incomplete. Category/Number of Complainants PCRB Annual Report FY 2009 - (DRAFT#1) - 5 Age: National Origin: Color: Under 21 0 US 4 White Over 21 5 Unknown 5 Black Unknown 4 Unknown Sexual Orientation: Gender Identity: Sex: Heterosexual 3 Female 1 Female Unknown 6 Male 3 Male Unknown 5 Unknown Marital Status: Single 3 Married 1 Unknown 5 Physical Disability: No 2 Unknown 7 BOARD MEMBERS Michael Larson, Chair Donald King, Vice Chair Greg Roth Elizabeth Engel /Abby Yoder Loren Horton / Janie Braverman 3 1 5 1 3 5 Religion: Mental Disability: Catholic 1 No 1 Unknown 8 Yes 2 Unknown 6