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Home My WebLink About09-08-2009 Police Citizens Review BoardAGENDA POLICE CITIZENS REVIEW BOARD September 8, 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 08/11/09 • ICPD General Order 99-07 (Traffic) • ICPD General Order 01-05 (Officer Involved Shootings/Lethal Incident Invest) • ICPD Use of Force Report (January 2009 -May 2009) • ICPD Use of Force Report (June 2009) • ICPD Department Memo #09-15 (January-March 09 Use of Force Review) • ICPD Department Memo #09-18 (April-May 09 Use of Force Review) • ICPD P.A.U.L.A. Report -July 2009 ITEM NO. 3 OLD BUSINESS Draft #2 of FY09 Annual Report Community Forum - Date/Time - Topic - Sub-committee (draft follow up summary of forum) - Publicizing ITEM NO. 4 NEW BUSINESS Updated Board Member Contact List Select Nominating Committee 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 • October 13, 2009, 5:30 P.M., Lobby Conference Room • October 2009 (Tentative Forum) TBA • 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: September 1, 2009 TO: PCRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on September 8, 2009 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 09/08/09 • Minutes of the meeting on 08/11/09 • ICPD General Order 99-07 (Traffic) • ICPD General Order 01-05 (Officer Involved Shootings/Lethal Incident Invest) • ICPD Use of Force Report (January 2009 -May 2009) • ICPD Use of Force Report (June 2009) • ICPD Department Memo #09-15 (January-March 09 Use of Force Review) • ICPD Department Memo #09-18 (April-May 09 Use of Force Review) • ICPD P.A.U.L.A. Report -July 2009 • Complaint Deadlines • PCRB Office Contacts -August 2009 • Draft #2 PCRB Annual Report • Updated Board Member Contact List • Draft Items for Community Forum Other resources available: National Association for Civilian Oversight of Law Enforcement NACOLE provides information regarding civilian oversight in law enforcement nation wide. For more information see: www.NACOLE.org DRAFT POLICE CITIZENS REVIEW BOARD MINUTES -August 11, 2009 CALL TO ORDER: Chair Michael Larson called the meeting to order at 5:32 p.m. MEMBERS PRESENT: Janie Braverman, Greg Roth (5:37), Abbie Yoder MEMBERS ABSENT: Donald King STAFF PRESENT: Legal Counsel Catherine Pugh and Staff Kellie Tuttle OTHERS PRESENT: Captain Richard Wyss of the ICPD; and Public Dean Able, Caroline Dieterle (5:36) RECOMMENDATIONS TO COUNCIL None CONSENT CALENDAR Motion by Yoder and seconded by Braverman to adopt the 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 Motion carried, 3/0, Roth and King absent. Braverman indicated that for General Order 00-05 (Off-Duty Conduct: Powers of Arrest) section IV(B)(3) there should be a semicolon followed by and to pattern the previous numbers and to also include number four. Braverman also had a question regarding General Order 08-01 (Conducted Energy Devices) section IV(A)(8) and the difference between probe mode and drive stun mode. Wyss explained that the tasers have two options. The probe mode is when a cartridge is fired and a probe is released and sticks into the skin. The drive stun mode is when two metal objects are released they make contact but do not penetrate. Abel asked if the officers have control over which mode is used. Wyss stated that the officers do have control. There is a cartridge that is used with a trigger device when the probes are released. If the cartridge is removed the drive stun mode would be used and the officer must be at a much closer distance. OLD BUSINESS None. Tuttle thanked the out-going Board members (Michael Larson and Greg Roth) for their time and effort while serving on the Police Citizens Review Board. PCRB August 11, 2009 Page 2 NEW BUSINESS Draft of FY09 Annual Report -Minor changes were made to the draft of the annual report. The Board agreed that a member should verify the information given in the report since the report is compiled by staff. Roth volunteered to check the report before his term was over. A second draft with the agreed changes and any discrepancies found by Roth will be distributed at the September meeting. Community Forum -Tuttle suggested that the forum be held after the first of the year in February or March. This would give new Board members time to get familiar with procedures and Board officers would be elected in October. All other local elections would also be over and this would also give students/new residents time to familiarize themselves with the area and local government. Braverman stated that she was hesitant to wait because she has had some contact with members of the public regarding the Deng shooting in July and was reluctant to put off the forum until February or March, or suggested that the Board hold two per year. The Board agreed to tentatively schedule the forum for October. The Board will discuss at the September meeting topics for the forum. Tuttle will check availability of Harvat Hall and have drafts of press releases, agendas, etc that were used last year in the September packet. Larson agreed to meet with the new Board members and go over procedures, by- laws, SOP's, etc. PUBLIC DISCUSSION None. BOARD INFORMATION None. STAFF INFORMATION Tuttle distributed copies of the applications for the two vacancies on the Board. She suggested that if any of the Board members have any input for the Council regarding the applicants they should contact Council members after Thursday when the Council packet comes out and before Monday night. EXECUTIVE SESSION Not Needed. REGULAR SESSION Continued. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • September 8, 2009, 5:30 PM, Lobby Conference Rm • October 13, 2009, 5:30 PM, Lobby Conference Rm • October 2009 (Tenative Forum) TBA • November 10, 2009, 5:30 PM, Lobby Conference Rm • December 8, 2009, 5:30 PM, Lobby Conference Rm ADJOURNMENT Motion for adjournment by Braverman and seconded by Yoder. Motion carried, 4/0, King absent. Meeting adjourned at 6:26 PM. ~°o~c ~ o ~ C ~ y ~ ~ f9 rn "S CD -CC yc ICY G1 r~ d b7~ o~ ^+ r o c -+ ~ o n o o m~ R~' ~ ^~ v a~ ~ ° ~ a ~ ~- x ~ ~ ~ ~ ~~ o o ~ ~ b W W N ~O \D N i i ~' ~' ~' ~' ~' W N ~ i ~ ~ ~ ~ ~ ~ W i i ~ ~ ~ ~ ~ ~ z z z z z A ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ z z z z z ~ ~ ~ ~ ~ ~- ~ ~ x ~ ~ ~, Y y r~ ~ ~d y~ z ~ ~~ d o~ ~~ 0 b O r n n 0 IP5 DEPARTMENT MEMO #09-15 TO: Chief Hargadine FROM: Captain R. D. Wyss RE: January-March 09 [;~' of F+acca F2evir~vti DATE: 23 June 09 The "I~ of arch I~evivv Committee" met on June 18'h, 2009. It was composed of Captain Wyss, Sgt. Hurd and Sgt. Kelsay. The review of submitted reports for January (11 incidents-17 reports), February (16 incidents-28 reports) and March (11 incidents- 16 reports) were completed and no policy issues were identified, however one Officer safety issue was expressed and will be referred to the training Sergeant and defensive tactics instructors for evaluation. Of the 38 incidents in the three month period, 10 Officers drew their sidearm or displayed a weapon (building search or felony stop) and there were 4 incidents where a sidearm was used for the destruction of animals. OC was deployed on one occasion, and a Taser was discharged on four separate occasions. On 5 occasions, a Taser was displayed but not deployed invoking compliance. Of the 38 incidents reviewed, 8 suspects had sustained injuries, and 9 Officers had sustained injuries. All of the injuries were classified as superficial. One incident was referred back to a supervisor to address a reporting issue. Officers are required to complete a use of force report whenever officers are required to use physical force, and they are reminded to activate their in-car recording systems when possible. Please contact me if you have any questions. Copy:~wa City Council, City Manager, PCRB, Watch Commanders, Review Committee IP13 T0: FROM: RE: DATE: DEPARTMENT MEMO #09-18 Chief Hargadine Captain R. D. Wyss April- May 09 of Review 30 July 09 The "~Ifii of ~crciw Review Committee" met on July 30`'', 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. O r ~+ 1 i ° ' L' .. ' ''' . ;..., • , . Y ~ i i iR u ~ A µ J .: ~ .• Copy: Iowa City Council, City Manager, PCRB, Watch Commanders, Review Committee OS-27-09 IP9 Iowa City Police Department P.A.U.L.A. Report -.July 2009 ~$$s~$3 (Possession of Alcohol Under Legal Age) Business Name (occupancy] I (occupancy loads updated Oct 'OS} 808 Restaurant & Nightclub [176] Airliner [223] American Legion 140] Aoeshe Restaurant [156] Atlas World Grill (165] Blackstone [297] Bluebird Diner [82] Bob's Your Uncle [260'] Bo-James [200] Bread Garden Market & Bakery [?] [It's] Brothers Bar & Grill [556] [The Brown Bottle [289] Monthly visits ~ 4 1 1 3 6 Totals arrests 6 0 0 1 6 Year-to-Da visits ~ 27 21 3 7 1 18 50 2 te Totals arrests 30 14 0 0 0 1 22 0 '-~°~f+ucs~ v~s~r ear-to-date -, ;1, 1'I 1 ~ - L , r [(~ ;:;` ` ~', lfl~Pdf~ X3.687] 0.000 0.000 0.000 0.056 0.440 0.000 Buffalo Wild Wings Grill & Bar [189] Cafe Z [56] 4 0 25 0 0.000 Caliente Night Club [498] (opened MAR) 8 0 0.000 Carl & Ernie's Pub & Grill [92] Carlos O'Kelly's [299] Chipotle Mexican Grill [119] 0 9 0 0.000 [The] Club Car [56] 1 1 36 1 0.028 Club Furia [280] 13 Colonial Lanes [502J 3 0 0.000 Dave's Foxhead Tavern [87] 5 0 0.000 David's Place (aka Dawit's) [73] 1 0 1 0.278 DC's [120] 2 ~ 8 0 0.000 [The] Deadwood [218] Devotay [45] 1 0 9 0 0.000 Donnelly's Pub [49] 0 g 0 0.000 [The] Dublin Underground [57J 2 2 0 0.000 [Fraternal Order of] Eagle's [315] El Dorado Mexican Restaurant [104] [BPOJ Elks #590 [205J EI Ranchero Mexican Restaurant (161J Englert Theatre [838] 32 47 1.469 Etc [178] 10 0 0.000 Fiesta Mexico (aka Farras) [200J 20 ~ 108 2.000 [TheJ Field House (aka Third Base) [420] 6 333 0 Firewater [114] 2 2 3 3 1 3 . 1.000 Formosa Asian Cuisine [149] 5 0 0.000 _ George's Buffet [75] 1 0 Givanni's (158] Godfather's Pizza [170] 3 0 0.000 Graze [49] 1 0 9 0 0.000 Grizzly's South Side Pub [265] Guido's Deli [20] 5 0 0.000 Hawkeye Hideaway [94] ___ 6 0 0.000 [The] Hilltop Lounge [90] 7 0 0.000 IC Ugly's [72] 1 0 India Cafe [100J 0 17 0 0.000 [The] Industry [436] 7 3 0 0.000 Jimmy Jack's Rib Shack [71] 13 0 0.000 Joe's Place [281] _ _ _ 3 0 _ Joseph's Steak House [226] 1 143 0 Kamodo Klub [144] 7 6 0 . 0.000 u~~~~i I and (19(11 ~ 1 ~ 0 Caraoke La Reyna [78] .a Casa [300] 1 0 0.000 _a Reyna [49] ___. - _inn Street Cafe [80] 6 0 84 0 0.000 _os Cocos [99] _os Portales [161] 2 0 12 0 0.000 Martini's [200J Masala [46] Mekong Restaurant [89] ____`_ 0 6 0 0.000 Micky's [98] 1 2 0 0.000 [The] Mill Restaurant [325] [Loyal Order of] Moose (476] _ Monica's Italian Bistro & Pizzeria [160j 3 0 0.000 [Sheraton] Morgan's [231J _ _ Cow CafB (82] Motle y Okoboji Grill [222] 3 0 0.000 Old Capitol Brew Works [294] ' 2 2 23 26 1.130 s [299J _ One-Eyed Jake One-Twenty-Six [105] Oyama Sushi Japanese Restaurant [87] Pagliai's Pizza [113] Panchero's (Clinton St) [62] Panchero's Grill (Riverside Dr) [95] 1 0.111 Piano Lounge [65] 1 2 1 0 9 8 0 0.000 [The] Picador [261] 2 31 11 0.355 Pints [180] 3 Pit Smokehouse [40] Pizza Hut (116] Pizza Ranch [226] Quality Inn/Highlander [971] 000 0 __ 1 0 7 0 . Quinton's Bar & Deli [149] [TheJ 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] 3 0 0.000 [The] Sanctuary Restaurant [132] 6 0 0.000 Shakespeare's [90] 0 8 0 0.000 Short's Burger & Shine [56] 1 1 39 57 1.462 Sports Column [400] q 2 0 10 0 0.000 Studio 13 [206] g 14 48 92 1.917 [The] Summit [736] ___ Sushi Popo [84] 2 3 1.500 Takanami Restaurant [148] 22 0 0.000 TCB [250] Thai Flavors [60] Thai Spice (91] T. Spoons [102] 3 3 42 46 1.095 Union Bar [854] VFW Post #3949 [197] 4 0 0.000 [The] Vine Tavern (170] 1 23 7 0.304 Vito's [320] 3 3 0 0.000 Wig & Pen Pizza Pub [154] 0 9 0 0.000 [Iowa City] Yacht Club [206] _ 2 Zio Johno's Spaghetti House [94] Z'Mariks Noodle House [47 Totals : 105 62 865 477 0.551 Other PAULA at non-business locations: 3 PAULA Totals: 65 current month 'includes outdoor seating area 4ti 523 year-to-dafe _ . ~:~. .~ • ^ - .~ v ~• 9~ ;i I (i ~ Zt? -?_} ~ -'"` ~~ tsJ OPS-11.1 TRAFFIC Date of Issue General Order Number Jul 30, 1999 99-07 Effective Date Section Code Au ust 19, 2009 OPS-11 Reevaluation Date Amends /Cancels Au ust 2011 C.A.L.E.A. 1.1.4, 1.2.5, 1.2.6,1.2.7, Chapter 61 ~° '~~~' ~o~er ~,~~ ~~~~ . ~., INDEX AS: -~ ; rt : `=' Arrests Traffic Stops ~ ` ~+~ Traffic Enforcement Citations Parking Enforcement Traffic Exemptions ,,,, Alcohol Enforcement T9 ~= a~ I. PURPOSE The ultimate goal of traffic enforcement is to reduce the number and severity of vehicle crashes. Motor vehicle crashes continue to be a health and safety issue facing our community; these crashes can result in significant injuries and death to persons of all ages, along with a significant amount of property damage. Creating a safe motoring community can be achieved through education to citizens, liaisons and partnerships with other agencies within the community to promote safe driving, and preventative patrol combined with aggressive enforcement by officers. IL POLICY It is the policy. of the Iowa City Police Department that motor vehicle stops will be perFormed professionally and courteously, and with. a view towards educating the public about proper driving procedures while consistently. recognizing and taking the necessary steps to minimize the dangers involved in this activity for the officer, the motorist and other users of the roadway. It is the purpose of the Iowa City Police Department to establish guidelines for stopping and approaching motorists in a manner that promotes the safety of the officer and motorist. OPS-11.2 II1. PROCEDURES The Iowa City Police Department does not use a "quota" system for the evaluation of an officer's traffic enforcement activities. All officers assigned to patrol are expected to exercise traffic enforcement as a part of their normal duties and take those steps necessary to obtain compliance with traffic laws and will determine the appropriate action when dealing with violators. The emphasis will be on qualitative not quantitative enforcement activities. When deciding on the appropriate enforcement action officers should consider the seriousness of the violation and the circumstances surrounding the violation. In instances where the violation is a simple misdemeanor officers may opt to warn or cite the violator. In deciding to arrest a person fora "citeable" offense the officer should have an articulable reason for this action. The reasons may include but are not limited to, an expressed intent by the violator to miss a court date, prior knowledge on the part of the officer of the offender missing previous court dates, absence of an identifiable residence address, non-local residency. Acceptable reasons do not include a contrary attitude, alone, on the part of the offender. Warnings may either be verbal or written in nature. In instances where the offense is a serious misdemeanor or higher, officers should take the violator into physical custody. Arrests of all types should conform with departmental requirements pertaining to arrests. When a traffic citation is issued, the officer shall request the incident number for the stop and write the incident ~umber~n the citation. Officers shall include the incident number on all related cFia~9es :and .:~. documents. ;T _ ~ =' ~ ,~ Enforcement of Traffic Laws ;- ~, ~,, i~ All officers are responsible for maintaining an up-to-date knowled~e~~of lo~va traffic laws and local ordinances. Consistency is an essential I~~' of a'ny traffic enforcement program. The guidelines in Appendix II arC~ to mist officers in deciding what type(s) of action to take when encountering these situations. These guidelines will assist officers in taking fair, appropriate, and consistent enforcement action. Enforcement Techniques The Iowa City Police Department utilizes varied and diversified techniques in traffic law enforcement. Many variables must be considered when evaluating tactics to be used on a specific problem. It will be the responsibility of the officer, in consultation with the watch supervisor, to determine the tactics to be used. The tactics or techniques that may be used include but are not limited to: 1. Visible traffic observation. Stationary observation in which the observer officer is in full view but so located as to require effort on the part of traffic to discover the observer. OPS-11.3 2. Concealed traffic observation. Stationary observation in which the observer is not visible to persons using ordinary powers of observation from the roadway. 3. Conspicuous traffic observation. Stationary observation in which the observer is positioned in such a way as to "attract" attention by-keeping?in full view of traffic. ~~ _ , " '< <7 ~9 i 4. Area traffic control. Moving or stationary patrol observation i"r~ an ;a which includes a particular number of streets, roads or ~dc~ons='of highways. - "~' ~"' :~> ~~ ,; ,.~ 5. Line traffic patrol. Moving or stationary observation on a spegcfied rp,~te between two points, usually on one street or section of highway. ° Directed enforcement will be utilized/assigned on an "as needed" or "as available" basis. Directed patrol may be used fora specific violation identified in a particular area or at a specific time, or in response to an anticipated traffic pattern for a particular event. Directed patrol also includes the tactic of "Saturation" patrol in a specific area for either a specific violation(s) or for all violations. The watch supervisor has authority to determine the type and number of vehicles to be used for a specific type of traffic patrol. The use of an unmarked vehicle for traffic patrol will be used only upon authorization of the watch supervisor. The Iowa City Police Department will only use equipment which meets or exceeds requirements of the FCC and/or the NHTSA. Officers may use only .those speed measuring devices approved by the department and in which the individual officer has been trained, and where applicable, certified. Said training will include instruction on the set up, testing, operational use and reading of the device. Officers shall set up and use speed-measuring devices in a manner which is consistent with their training and the manufacturer's specifications. All training will meet or exceed the requirements of the NHTSA. Prior to the use of aspeed-measuring device the officer shall check the equipment according to the manufacturer's specifications. If any discrepancy exists the officer shall not use the equipment. The officer shall make note of the problem and forward an equipment repair sheet to the watch supervisor. It is the responsibility of all officers to see that attached speed measuring devices are properly cared for. The Commander of Field Operations or his/her designee will see that all equipment is maintained and calibrated according to manufacturers specifications and will maintain the records for the duration of the lifetime of the speed measuring device with the department plus two years. The sergeant in charge of vehicle inspections or his/her designee will be responsible to ensure that all video-recording units are operational and have been properly maintained. OPS-11.4 ALCOHOL ENFORCEMENT The Iowa City Police Department wilt create special enforcement programs aimed at the enforcement of Operating While Intoxicated laws. These programs may be in conjunction with other law enforcement agencies within the area. In an effort to minimize the damage done by drivers who are intoxicated or drugged, the Iowa City Police Department places a high priority on the training of officers in the detection and apprehension of intoxicated or drugged drivers. The department will actively pursue state and federal grants pertaining to alcohol enforcement. The Department may also use directed patrol in areas or engage in traffic safety checkpoints that could result in the identification of intoxicated or drugged drivers. When available, an officer is to be assigned to the traffic function for each watch. This assignment is to concentrate on, but not limited to; speed violations, child restraint violations, seat belts and OWI enforcement. All officers, whether on general patrol or directed enforcement duties, should be alert for driving behavior which may indicate that a driver is operating a motor vehicle while intoxicated or on drugs. When such an observation is noted the officer should: 1. note unsafe or erratic driving sufficient to establish enough reasonable suspicion for a traffic contact to be made but should not let it c;~ntinueso as to endanger the public or the operator of the vehicle. Officers sh~~ld attempt to stop the vehicle in an area that will not interfe'fe ~wit~or .~. endanger traffic; ~~ - ~ %°°- ..i ~ - y"~ 2. prior to the initiation of field sobriety tests, note the demeanor, r ~on~nd ~i R~~ signs of intoxication. These indicators should be noted in the ~1 pa~cet; ~ ~ 3. attempt to administer field sobriety tests on all drivers suspected of d~'iing while impaired. The information gathered during the administration of these tests should be recorded in the OWI packet. Field sobriety tests should include but are not limited to: HGN, Walk and Turn and One leg stand. The administration of a Preliminary Breath Test should be done at the completion of the field sobriety tests; 4. if the operator refuses to submit to field sobriety tests, or is impaired to the point it is unsafe to administer the tests, or is otherwise unable to perform the tests, base the decision of whether to take the person into custody on other observations of the operator's condition. This may include the statement of witnesses if applicable. If the person refuses to submit to preliminary breath test they may be transported to the police department for further testing. If based on the officer's observation of the operator and the circumstances surrounding the incident the officer believes the person is intoxicated, the person may be arrested for suspicion of Operating While Intoxicated; OPS-11.5 5. if the person is arrested for suspicion of OWI, a search of the person and vehicle maybe made incident to arrest. The vehicle may be either parked, towed, or turned over to a sober driver; at the officer's discretion and depending on the circumstances. (all searches shall be in compliance with departmental directives and current court decisions) 6. The administration of Implied Consent, and the breath or other chemical test, shall be pursuant to state code, guidelines from the Department of Transportation, and Department of Criminal Investigation. In instances where the operator of the vehicle is involved in a crash resulting in death or serious injury and the operator refuses to provide a specimen for chemical testing, contact the on-call County Attorney for assistance. In instances where the operator is unable to consent or refuse, use the request for chemical test forms pertaining to intoxicated drivers who are in that circumstance; 7. In instances where the officer believes the operator is impaired but chemical testing indicates a BAC of less than .08, the officer may contact a departmental Drug Recognition Expert for testing. If a DRE is not immediately available, officers should consult with a watch supervisor to determine whether to call in a DRE; 8. In instances where the operator of a vehicle is under 21 years of age and there are indications that their BAC is in excess of .02, transport the person to the police department for administration of chemical testing.3 If the result is in excess of .02 but less than .08 follow Departmerf~of Transportation guidelines pertaining to .02 revocations, and off~r~b as~.ist in making safe travel arrangements for the individual from,~ta~ pvf~ice department. This would include the officer offering to traq~faort~he `~"' individual to a reasonable location. ="'r ~,, a"T7 C: PARKING ENFORCEMENT ~ '~~ ~° Officers or Community Service Officers will respond to parking cal f as available. All officers are responsible for enforcement of parking violations when brought to their attention or observed. Officers will be responsible for the enforcement of parking regulations on city streets and alleys as well as handicapped and fire lane violations on private property. The parking department has enforcement responsibilities for overtime parking. When called to a private property parking call, the officer or community service officer will make a determination if the complainant has the authority to request a vehicle be ticketed or impounded. When a vehicle is to be impounded, the officer shall follow departmental directives pertaining to vehicle impounds. Sa uel Hargadi ,Chief of Police OPS-11.6 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. -, ..~ .: 4' ~~ r~, o ;~~ i. ii ~. ;,,, c~ OPS-11.7 APPENDIX I While engaged in traffic enforcement, officers may encounter persons who are at times granted exemptions to laws. When encountering these situations officers may follow these guidelines or if still unsure of the appropriate action, should contact a watch supervisor for further guidance. Legislators are granted limited immunity from prosecution under Chapter 3 of the Iowa Constitution which states "Privileged from arrest. SEC. 11. Senators and representatives, in all cases, except treason, felony, or breach of the peace, shall be privileged from arrest during the session of the general assembly, and in going to and returning from the same." Members of the National Guard are regulated under chapter 29A.41 of the code of Iowa. The code states," A member of the national guard shall not be arrested, or served with a summons, order, warrant or other civil process after having been ordered to any duty, or while going to, attending, or returning from, any place to which the officer or enlisted person is required to go for military duty. This section does not prevent the officer's or enlisted person's arrest by order of a military officer or for a felony or breach of the peace committed while not in the actual performance of the officer's or enlisted ~~ persons duty. Other members of the military, including members of the Army, Air Force, Navy, Marine Corps, Coast Guard, and reservists who are on active duties are likewise granted limited protection. When an occasion arises that requires the issuance of a traffic citation, a physical arrest or investigation of a motor vehicle crash involving a member of the armed services who is operating under conditions which offer this limited protection, the officer will notify a watch supervisor of the circumstance surrounding the incident. The watch supervisor will contact the office of the commanding officer of the military member involved and advise them of the incident. Foreign diplomats and consular officials may be granted immunity. In these cases the officer should advise the person of the nature of the stop and make a determination as to if the person is able to safely continue on their way. In instances where the ability of the operator of the vehicle is in doubt the officer should take steps to insure the person safely gets to their destination. These steps may include but are not limited to; locating another driver, contacting a cab, or contacting the consulate of the person involved or the United States Department of State for further assistance. Foreign nationals are subject to the laws of the State of Iowa, however there may be consular notification requirements. If a foreign national is stopped for a traffic violation, or is involved in a motor vehicle crash which requires no special investigation, there are no notification requirements. If a foreign national is physically arrested or detained fc~' a substantial period of time there may be notification requirements "In these circumstances, refer to the Consular Notification and Access booklet in~~h~e wlch ~ commander's office for guidance. ~.a ;~-~ C._J •» ~ Y Y ~' 4. N7 ...w. ~~ ~ ~' 1V OPS-11.8 APPENDIX I (continued) Juveniles may be issued citations for traffic violations without notification of their parents. In instances where a juvenile is being taken into custody the applicable juvenile procedures should be followed. If a juvenile is arrested for OWI, the officer shall attempt to contact the parent(s) or other responsible adult prior to initiating Implied Consent. Non Iowa residents will be treated the same as Iowa residents with regard to the issuance of traffic citations. In instances where an officer has an articulable reason for believing that a person is unlikely to appear for the scheduled court appearance, the officer may require that a cash bond be posted or the person may be taken before the nearest magistrate for arraignment. The Iowa City Police Department encourages the practice of cite and release whenever possible. _ a (`~9 ~ ,_:~ ~ y .. u ~ i , t ..ti ~ J ,~ ~~ ~ V OPS-11.9 APPENDIX II Enforcement of Traffic Laws All officers are responsible for maintaining an up-to-date knowledge of Iowa traffic laws and local ordinances. Consistency is an essential part of any traffic enforcement program. The following guidelines are to assist officers in deciding what type(s) of action to take when encountering these situations. These guidelines will assist officers in taking fair, appropriate, and consistent enforcement action. 1. Operating While Intoxicated: Recognizing that intoxicated individuals who choose to operate a motor vehicle pose a significant threat to the safety of themselves and others in Iowa City, the Iowa City Police Department will strictly enforce violations when a person operates a vehicle while intoxicated or drugged. Officers are also encouraged to strictly enforce Iowa's .02 Zero tolerance law pertaining to underage drinking and driving. 2. Operating while suspended, revoked, or barred. Operating a motor vehicle while a license is suspended, revoked or barred shows a disregard for the law and members of this department will enforce all such violations. Upon confirmation from DOT of the suspension, revocation or barment, officers are to file the, applicable charge. Officers should check for the registered owner of the vehicle being operated by the subject, and if the operator is listed as a registered owner, the officer should check to see if the operator is eligible to have vehicles registered in his/her name. If the operator is not so entitled, pursuant to Iowa law the officer shall take custody of the license plates and, if available, the registration and, drivers license and send them to the Department of Transportation. Officers should also check for any unserved suspensions on the operator and, if present, serve such suspension on the operator. 3. Speed enforcement. A driver who operates a vehicle in disregard for the posted speed limit is one who can and does cause a large number of motor vehicle crashes. Officers of the Iowa City Police Department are to take enforcement action when speed violations are observed. Since the stopping distance of a vehicle is directly related to its speed, particular efforts should be made in and around areas which have significant numbers of children or heavy concentrations of pedestrian traffic. .~ 4. Hazardous violations. There are many violations of the traffic coda-:that relay be considered hazardous. These violations are those that could,_'t*nde~~he P +'I right circumstances, result in a vehicle crash. Some types o#'vi:olat~ns ~~° ~; considered hazardous are disregard of a traffic control device, failuee-to yield, reckless driving, and improper lane change/usage. Since ~~ be~-re mentioned violations are involved in large number of the moe~ vel~cle crashes in Iowa City, officers are expected to take aggressive action vatien these violations occur. OPS-11.10 APPENDIX II (continued) 5. Off-Road vehicle violations. Members of this department will take appropriate action when they observe illegal on-road use of an off road vehicle. This includes, but is not limited to, enforcement of equipment, registration and licensing requirements. In instances where a vehicle is being operated off the roadway, officers need to determine if the operation is on property where the operator is entitled to be. If the vehicle is operated on private property without the permission of the controlling party, the officer may pursue appropriate criminal charges. In instances where the vehicle is being operated on public property, the officer will make a determination as to if the particular area allows the operation of motorized vehicles. 6. Vehicles operated on private property. When a vehicle is being operated on private property with the permission of the controlling party, the officer may enforce the OWI, reckless driving and accident reporting sections of the Iowa code. 7. Equipment violations. In order for a vehicle to be safely operated on a roadway it must be equipped pursuant to state code. In many cases, the operator of a vehicle may not be aware that a piece of equipment is not operating, i.e., taillight, brake light. A warning by an officer may be all that is required to insure the defect is corrected. In those situations where a motorist is aware of a problem and has failed to correct it in a reasonable amount of time, or the violation is such that it could result in a crash, other action may be required: i.e. citation, or parking of the vehicle. 8. Commercial vehicle violations. All public and commercial vehicle regulations will be enforced; however, the officer's discretion, training and knowledge will determine the action to be taken for violations of public and/or commercial vehicle regulations. The officer may call a department member trained in commercial motor vehicles or contact the Iowa Department of Transportation for assistance. In all instances where a commercial carrier is involved in a motor vehicle crash involving serious personal injury or death, the officer should contact a trained commercial vehicle inspector for assistance in the investigation. 9. Less-Hazardous violations. The officer should take notice of less serious violations and may make contact with the violator. The cireumstai~ces surrounding the violation should be taken into consideration -t~then Y-t determining the enforcement action to be taken. ~ _ ;~~ ~;., . ~; 10. Multiple violations. While the "stacking" of violations is not encbu~agec;~,the" circumstances and seriousness of the violations should guide t~ =officer in ~-=~ deciding the appropriate enforcement action. ``= `~~ ~~ ~ OPS-11.11 APPENDIX II (continued) 11. Newly enacted laws and/or regulations. When newly enacted laws or regulations are passed and become applicable to the motoring .public, the enforcement guidelines prescribed in the text of the new law will be followed. The enforcement date of new laws/regulations will be determined by the Chief of Police or his/her designee in consultation with the city or county attorney. 12. Enforcement guidelines for motor vehicle crashes. Officers will take enforcement action when their motor vehicle crash investigation or reporting activities provide probable cause to believe that a law or ordinance has been violated. If a citation is not issued, the officer may be required to justify his/her action. 13. Pedestrian and bicycle violations. Officers should use discretion and take appropriate enforcement action for violations committed by pedestrians and bicycles on public property. Consideration should be given to the age of the violator and the seriousness, location, and time of day of the violation. 14. When an officer encounters an operator whom he/she feels should be referred to the Department of Transportation for re-examination, the officer shall complete an incident report pertaining to the incident. The report shall contain the circumstances surrounding the incident, including time of day, weather and street conditions, and the operator's information. The report shall also include the reason(s) why the officer believes the person should be re-examined. The report along with the DOT driver's referral form should be submitted to the watch supervisor for review prior to submission to DOT. (note: age alone is not a reason for re-examination) ,.,. ~.~ ,~ __ ;m...,9 i i'i ~"' C r'`` ,~~ r: i~ 6 k INV-02.1 OFFICER INVOLVED Goi°~ SHOOTINGS / ~°~~ ~ ~~ ~ LETHAL INCIDENT ~ INVESTIGATIONS Date of Issue General Order Number AUGUST 1, 2001 01-05 ~~ Effective Date Section Code AUGUST 25, 2009 INV-02 Reevaluation Date Amends /Cancels ' ~ ~~ AUGUST, 2011 Re-Issue ~ ' .. -- C.A.L.E.A. Reference 1.3.5, 1.3.8, 11.4.5, 22.2.3, 22.2.4 INI]FX dS~ Use of Force Shootings Deadly Force Internal Affairs .~. ~~ I. PURPOSE It is the purposed of this policy to provide guidelines for the investigation of officer- involved shootings or incidents resulting in the death or serious injury of person possibly resulting from police actions. II. POLICY It is the policy of the Iowa City Police Department that officer-involved shooting incidents and incidents resulting in serious injury or death be investigated with the utmost thoroughness, professionalism and impartiality to determine if officer actions conform with the law and departmental guidelines and directives. Further, the Iowa City Police Department will provide necessary assistance to officers involved in these type incidents. III. DEFINITIONS INV-02.2 IV. PROCEDURES A. OFFICER ON SCENE RESPONSIBILITIES Officers involved at the scene of a shooting or other incident resulting in the death or serious injury of a person resulting from the actions or involvement of a member of the Iowa City Police Department, shall take those measures that are reasonably possible and appropriate to protect their safety, the safety of others, and to preserve evidence essential to the investigation of the incident. This includes but is not limited to the following actions as appropriate: 1. Ensure that the threats to officer safety and the safety to others are addressed. .,a .: 2. Secure and separate suspects. ,~- ,;~ 3. Relay information on fleeing suspects to communicationsand a`~er field units and work with them to establish a containment"a~~a. ~ ' Ca ~` _ 4 4. Request a supervisor and additional backup, emergen~y'''mec~rcal service and any other assistance immediately required. '" o 5. If injured, administer emergency first aid to oneself if possible, then administer basic medical aid to suspects and others as necessary, pending arrival of emergency medical assistance. 6. Secure any suspect weapons as evidence. DO NOT open, reload, remove shell casings or in any other manner alter the weapons involved other than taking those steps required to make the weapon and scene safe. (After the scene is secure) 7. As time and capabilities permit before supervisory and other assistance arrives: a. Secure the area, establish a perimeter with crime scene tape and limit access to authorized personnel necessary to investigate the incident and assist the injured. b. Note time, survey the entire area for relevant facts, individuals who are present and who departs/departed the scene, witnesses, potential suspects and suspect vehicles. c. Protect evidence from loss, destruction or damage that is likely to occur before backup can arrive. Ensure that evidentiary items are not moved, note original location and position of persons, weapons, and other relevant objects and evidence. d. Record the names, addresses and phone number of all witnesses and other persons present at the scene and request that they remain on hand in order to make a brief statement whether or not they saw the incident. INV-02.3 B. SUPERVISORY RESPONSIBILITIES AT THE SCENE 1. Ensure the safety and determine the condition of the officer(s), suspect(s) and third parties. 2. If the officer has been shot or otherwise injured in the incident: a. Ensure that an officer accompanies and remains with the officer at the hospital. b. Ensure that the officer's family is notified on a priority basis and in person by a Watch Commander or Supervisor when possible. Ensure that they are assigned transportation to the hospital or other location where they are needed as soon as possible. Watch Supervisors should refer to the officer's Emergency Notification form prior to making the notification. c. Do not release the officer's name to the media or unauthorized parities. d. Summon Crime Scene Technicians to the scene. e. Assign an officer to the family for security, support, control of the press and visitors, establishment of communications and related matters. f. Ensure that the clothing of officers and other injured persons is collected for potential evidentiary purposes and that related equipment of the officers is safeguarded. 3. If the officer is not injured, move him/her away from the center of activity accompanied by another officer. 4. Secure the officer(s) weapons as evidence. This shall be done in as discreet manner as possible and away from the immediate scene. The weapon shall be replaced as soon as reasonably practical, preferably immediately upon removal of the involved weapon. DO NOT open, reload, remove shell casings or in any other manner alter the weapons involved other than taking those steps required to make the weapon and scene safe. (After the scene is secure) 5. Confirm that the preliminary steps in item IV-A have been adequately addressed and, if not, take appropriate action to ensure that necessary actions are taken. 6. Ensure that the immediate area is contained and detain . any suspects therein. 7. To the extent necessary, ensure notifications are mailer to oilier _ agency personnel, to include: ,_Ns` a. Lieutenants and above - '~ t ~ ~ b. Public Information Officer ~ ~_ ~"" c. Medical Examiner `:° "` •• d. Chaplain ~ c~ INV-02.4 C 8. Establish a command post if necessary. 9. Appoint a recorder to make a chronological record of activities at the scene, to include: persons present, .actions taken by police personnel and the identity of any personnel who entered the incident/crime scene, to include emergency medical and fire personnel. 10. Diagram the scene and photograph it as soon as possible. 11. Establish a media staging area as time permits unless the Public Information Officer assumes this responsibility. 12. Begin the following: a. Locate and secure-or secure in place -the officer's weapon(s) and ammunition casings. Check the weapons of all officers present, for discharge and secure the weapon when evidence of discharge exists. b. Locate the suspect's weapon(s) ammunition and expended cartridges. c. Collect information about the suspect, including name, physical description, domicile and other pertinent information. d. Locate and secure as evidence any clothing that may have been removed from the suspect by emergency medical p~sonn or others. :~ e. Determine the original position of the officer(s) and the -s.~spe~~(s) at the time of the shooting or use of force. ~ ~ POST-SHOOTING TRAUMA G ~~ .. 1. Sworn and non-sworn personnel shall be familiar with and flow the provisions established by the Iowa City Police Department in post-shooting/use of deadly force emotional trauma in police personnel. a. The Officer in Charge shall ensure that those involved in the incident are allowed to contact family members as soon as practical after the incident. In the event the officer is injured and unable to contact family members, the Commanding Officer Field Operations or designee shall ensure that immediate family members are notified in person as soon as reasonably practical after the incident. b. The name of the officer(s) involved in the incident shall not be released until authorized by the Chief of Police. c. The Commanding Officer Field Operations or designee shall make contact with all involved officers within 24 hours of the incident and explain Employee Assistance Programs that are available to the employee. d. Within 72 hours of the incident, the Commanding Officer Field Operations or designee shall contact a traumatic stress INV-02.5 professional. He/she shall arrange for private appointments for the officer(s) determined to be directly involved in the incident and as requested, for their immediate family members. e. Upon request, agency personnel will be provided counseling services, for post. incident stress. Counseling services will be available for families of personnel, either through Departmentally sponsored programs or via the City's Employee Assistance Program. 2. All personnel should be familiar with available mental health services and avail themselves of these services following officer- involved shooting/use of deadly force incidents. 3. The Chief of Police shall place an employee involved in an incident resulting in death or serious injury on administrative leave or remove him/her from field duty consistent with the departments Use of Force Order. Prior to returning to field duty, employees involved in the incident shall be required undergo a fitness for duty evaluation. D. INVESTIGATOR'S RESPONSIBILITIES Investigation of officer-involved shootings/use of deadly force shall be the responsibility of the Commanding Officer Field Operations. In cases where the force is used by the Commanding Officer Field Operations, the investigation shall be assumed by the Chief of Police or designee. The Commanding Officer Field Operations may appoint an Officer in Charge (at the rank of sergeant or above) who shall be responsible for ensuring that the following tasks are adequately addressed in the order deemed necessary and appropriate. 1. Ensure that tasks itemized in sections IVA and IVB of this policy have been appropriately and adequately completed. Take measures to ensure that any deficiencies in completing tasks are immediately remedied. 2. Receive a general briefing and walk-through by the supervisory officer regarding the circumstances surrounding the shooting/use of deadly force. 3. Ensure that the overall scene and evidentiary items are phg~ograpk~ed and videotaped. Videotape all persons present at the scene. Dolor photographs of the officer as he/she appears at the scer~e~-shal(`-be taken, to include any injuries sustained. ;;; ..~ ~., ,,~, 4. Ensure thorough inspection of the scene and proper colla~tn o~all items and substances of evidentiary value. `= ;_ ;.~ INV-02.6 5. Obtain taped statements from the suspects. 6. Ensure that notification is provided to next-of-kin of injured or deceased suspects, preferably by someone of the rank of sergeant or above. 7. Locate and identify witnesses and conduct initial tape-recorded interviews. 8. Tape record interviews with fire department personnel, emergency medical service providers and other first responders to the scene. 9. Conduct separate recorded interviews with each officer involved. a. Conduct the interview in a private location away from sight and hearing of others who do not have a need and a right to the information. b. Advise the officer(s) not to discuss the incident with anyone except a personal attorney or attorney representing the city, union representative, family member, health care professional, outside agency investigator (Division of Criminal Investigation) assigned to investigate the incident, or departmental investigator until the conclusion of the preliminary investigation. c. When conducting an interview be cognizant of signs of post- traumatic stress, to include time and space distortions, confusion, hearing and visual distortion and emotional impairment, including shock. If these signs are present or at the request of the officer, the investigator may defer the interview. 10.Take any weapon used by the officer(s) into custody and handle it as evidence. The officer shall be provided a replacement weapon when practical after collection of his/her weapon. Firearms shall be taken from officers in a discrete manner. 11. Where an officer has died, the Officer in Charge shall ensure. that procedures established for line-of-duty deaths and death notifications are followed. 12. Contact the medical examiner and suspect. Determine entrance a shooter's position, the presence decedent's blood, or other related ~ attend the autopsy of offa~er and~Ar id exit wounds, estimates of ~.,~~ie of controlled substances ° in ';:die vidence. -^'i .~ it a 13.Obtain search warrants as necessary for searches of--i~hic~s, P'.`~ containers, homes and vehicles. ~=~''° s..~ rx® u ~91 14. Develop a statement of preliminary basic facts for the media to be delivered by the agency spokesperson in conformance with the department's media policy. INV-02.7 15.Other investigative procedures as determined by the Officer in Charge or Commander of Field Operations. 16. Complete a report detailing the finding of the investigation. E. CHIEF OF POLICE The Chief of Police will coordinate the activities of responding commanders. The Chief of Police will determine the appropriate time to release the names of involved parties to the media. The Chief of Police or designee may request the Iowa Department of Criminal Investigation to conduct an independent investigation of all incidents resulting in the death of an officer or citizen, resulting from or in the performance of their duties. The Chief of Police shall cause an Internal Affairs investigation to be initiated in incidents resulting in death or serious injury of an officer or citizen, resulting from or in the performance of the officer's duties. The Chief of Police may require a Critical Incident Debriefing upon completion of the investigation. The debriefing will include all officers involved with the incident. ~~ Sa uel argadin 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 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. IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT January 2009 Ofc # Date Inc # Incident Force Used 20090- 13 01-01 00043 Fight Officer used hands-on control techniques to arrest an uncooperative and resistive suspect 51 01-01 20080- Fight Officer used hands-on control techniques to 71341 control a resistive suspect in custody. 16 01-03 00448 Traffic Stop Officer displayed his sidearm after observing an unsecured shotgun on the passenger seat of the car. 51 O1-OS 00618 Warrant Arrest 41 Ol-OS 00635 Injured Deer 04/48 O1-OS 00749 Traffic Stop 25/60 01-09 01387 Fight 20/59 01-11 01595 Out with Subject Officer used hands-on control techniques to arrest a resistive suspect with an arrest warrant. Officer used sidearm to dispatch an injured deer. A vehicle attempted to elude a marked patrol car making a traffic stop. The vehicle skidded of the road. Officers displayed sidearms while approaching and arresting the driver (sole occupant). Officers used hands-on control techniques to transport a combative suspect. Officer used hands-on control techniques to apprehend a fleeing suspect during a narcotics arrest. 16/26/ 01-12 01803 Domestic While responding to a reported domestic assault 37 Assault with one subject armed with a knife, an officer dotted (sighted) the aggressor with his Taser while another officer displayed his sidearm. The officers also had to use hands-on control techniques to arrest the uncooperative suspect. 29 01-12 01903 Domestic Officer activated and pointed a Taser at a suspect Assault that exhibited aggressive behavior toward the officer. 09/29 01-31 05486 Intoxicated Officer used hands-on control techniques to Pedestrian arrest a combative and intoxicated suspect. ~. _ ,~ ~d"`~ W ._... ;:~ !,„. ~ : a~ ar '' ` '~ °' ..~ t,.+7 _ ,, IOWA CITY POLICE DEPARTMENT ~' USE OF FORCE REPORT .` -= ~ ~~ February 2009 ~" - ~~ -.- .w Ofc # Date Inc # Incident Force Used r~~ u 20090- ~ ~ ~"' 35 2-7 06644 Disturbance Officer used hands-on control tecl~iques~ arrest an a~~ressive combatant. ~` 89/27/ 2-7 06763 Out with Officers used hands-on control techniques to 45 Subject arrest a combative suspect. 57 2-9 07130 Trespass Officer used hands-on control techniques to arrest an uncooperative suspect 30 2-10 07349 Animal Officer used sidearm to dispatch a sick raccoon. Complaint 57 2-12 07569 Animal Officer used sidearm to dispatch an injured deer 04 2-12 07773 Intoxicated Officer used hands-on control techniques to Pedestrian arrest an uncooperative and intoxicated suspect 09/11/ 2-12 07818 Bar Check Officers used hands-on control techniques and 43 OC spray to arrest a resistive suspect struggling with officers. 60 2-14 08351 Fight Officer used hands-on control techniques to arrest a fleeing and resistive suspect. 31/51/ 2-15 08383 Traffic Stop The suspect fled officers during a traffic stop 60 during an OWI investigation. Two officers sighted Tasers (dotted) while a third displayed his sidearm during the arrest of suspect from his hiding place. 08/60 2-20 09223 Fight Officers used hands-on control techniques during the arrest and transport of a resistive 12/32/ 2-21 09435 Welfare Check Officers used hands-on control techniques and 55 deployed a Taser (drive-stun) to arrest a suspect seen assaulting other family members. 84/32/ 2-21 09469 Out with Officers used hands-on control techniques to 59 subject arrest an uncooperative and intoxicated suspect 21 2-22 09618 Disturbance Officer used hands-on control techniques and deployed a Taser to arrest an assaultive and intoxicated suspect. 45/60 2-23 09845 Investigation - Narcotics 39/58 2-27 10460 Suspicious Person Officers used hands-on control techniques and the deployment of a Taser to arrest a fleeing and combative suspect that tried to eat the drugs he was carrying when arrested. Officer used hands-on control techniques to arrest a resistive and intoxicated suspect. 09/43 2-28 10779 Out with Officers used hands-on control techniques to Subject arrest an uncooperative and intoxicated suspect. °, ~: n +`a w~~. _ ~~ ~ _. ~ _~ IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT March 2009 Ofc # Date Inc # Incident Force Used 2009- 32 3-7 11932 Fight Officer used hands-on control techniques to arrest an uncooperative suspect 12/17 3-9 12245 Fight Officers used hands-on control techniques and a Taser (drive-stun) while arresting an assaultive combatant. 08 3-12 12711 Out with Officer used hands-on control techniques to Subject apprehend and arrest a fleeing suspect. 04/48/ 3-18 13989 Traffic Stop - Officers displayed sidearms and a shotgun while 59 Stolen Vehicle stopping a stolen vehicle and arresting the occupants. 59 3-22 14529 Bar Check Officer used hands-on control techniques to arrest an uncooperative and assaultive suspect. 32 3-22 14531 Out with Officers used hands-on control techniques to Subject arrest and transport an uncooperative, intoxicated suspect. 36 3-26 15384 Property Officer used sidearm to dispatch a deer critically Damage injured in a car/deer collision. Collision 08/11 3-27 15465 Fight Officers used hands-on control techniques to separate combatants and displayed a Taser when one of the combatants began fighting with police. 08 3-28 15688 Assault Officers used hands-on control techniques to arrest an assaultive suspect. 85/08 3-28 15744 Out with Officers used hands-on control techniques to Subject arrest an intoxicated, fleeing suspect. 08/51/ 3-30 16073 Domestic One officer displayed a sidearm and another a 54 Assault patrol rifle after being told the aggressor was armed with a bow and arrow. When the uncooperative suspect presented without the weapon in hand, officers used hands-on control techniques and displayed a Taser to make the arrest. -- .. , ~~r~ u:~~ ,4,i „„,,y t. ;..e .::` „Y~ ~ ~~ ~%' IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT Apri12009 Ofc # Date Inc # Incident Force Used 20090- 9 4-3 16706 Fight Officer used OC spray to stop a physical altercation after verbal commands were ignored. 84 4-3 16715 Assist other Officer used hands-on control techniques to Agency assist hospital staff with restraining a combative patient at staff's request. 08/43 4-3 16728 Suicide Attempt Officers used hands-on control techniques to control a combative hospital patient. 43 4-11 18371 Out with Officer used hands-on control techniques to Subject control and search an uncooperative and intoxicated suspect. 08/48 4-11 18404 Armed Subject Officers displayed their sidearms while securing a suspect that had reportedly displayed a handgun threateningly. 85 4-14 18871 Suicide Attempt Officer used hands-on control techniques to control a resistive subject and to facilitate transport to a hospital. 22/24/ 4-17 19672 Trespass Officers used hands-on control techniques and 60 discharged a Taser to arrest a suspect assaulting officers. 02 4-19 20103 Animal Officer used a shotgun to dispatch a strangely Complaint acting coyote. 43/51 4-20 20184 Welfare Check Officers used hands-on control techniques and discharged a Taser to control and transport an agitated and resistive subject in need of medical evaluation and treatment. 24 4-22 20655 Fight Officer used hands-on control techniques to arrest a resistive suspect. 24 4-24 21105 Armed Subject Officer displayed sidearm while arresting a suspect that fled from a fight where a gun was reportedly displayed. 22/44 4/24 21138 Fight Officers used hands-on control techniques to arrest a combative subject. 42 4-26 21392 Fight Officer used hands-on control techniques to apprehend and arrest an uncooperative and intoxicated suspect that fled on foot. ~: 29 4-26 21396 Out with Officer used hands-on control techniques to Subject apprehend and arrest an uncooperative and intoxicated suspect that fled on foot. 29 4-26 21404 Out with Officer used hands-on control techniques to Subject arrest a suspect that had assaulted him. 84/31/ 4-26 21426 Weapons Officers displayed sidearms while responding to 43 Offense -Shots a "shots fired" call involving a person with a Fired history of mental health issues. IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT May 09 Ofc # Date Inc # Incident Force Used 20090- 04/05/ 5-1 22682 Trespass Officer used hands-on control techniques and a 06/27 Taser (drive-stun) to arrest physically resistive and intoxicated suspect. 29/54 5-2 22755 Burglary Officers displayed sidearms while searching a building and arresting a burglary suspect. Officers also used hands-on control techniques to arrest the uncooperative suspect. 05/27/ 5-2 22868 Traffic Stop - Officers displayed sidearms while securing 30/35 Stolen Vehicle vehicle occupants during a traffic stop associated with a stolen vehicle. 24/30/ 5-4 23251 Suspicious Officers displayed sidearms during a traffic stop 42 Activity - of a vehicle associated with a report of "shots Gunshot fired". 24 5-10 24369 Assault Officer displayed sidearm while detaining reportedly suspects, at least one of whom was reportedly carrying a weapon. 84 5-18 25716 Fight Officer used hands-on control techniques to apprehend and arrest a fleeing suspect. 21 5-18 25813 Property Officer used sidearm to dispatch a critically Damage injured deer. Collision 48 5-21 26363 Traffic Stop Officer initiated, and then aborted, a brief pursuit of a vehicle that accelerated away during a traffic 43 5-30 27715 Fight Officer used hands-on control techniques and OC to arrest a combatant. 32 5/30 27901 Domestic Officer used hands-on control techniques to Disnute arrest a resistive subject. .. „-__.~ .:~ .: . _~ __._ ,~a !., i ~ '- `~ '~ ~-~~ ;:; v, IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT June 2008 Ofc # Date Inc # Incident Force Used 2008- 18 06-01 29864 Out with Officer used hands-on control techniques to subject arrest a combative & intoxicated suspect. 31 06-02 30147 Domestic Officer used hands-on control techniques to escort a resistive 18 06-08 31073 Fight Officer used OC to stop a fight in progress. When one combatant fled, Officer used hands- on control techniques to apprehend him. 45/60 06-09 31456 Trespass Officers used hands-on control techniques & OC to arrest a fleeing & combative suspect. 18 06-15 32411 Out with Officer used hands-on control techniques & subject active countermeasures to arrest a combatant that attempted to punch another officer. OS 06-24 34229 Suspicious Officer used hands-on control techniques to activity arrest a fleeing theft suspect. 45 06-26 34773 Traffic stop Officer used hands-on control techniques to arrest a resistive 11/32 06-27 34885 Medical assist Officers used hands-on control techniques, OC, & handcuffs to control a combative patient with a head injury in order to facilitate transport for necessary medical treatment. OS 06-28 35086 Fight Officer used hands-on control techniques to facilitate transport of a combative prisoner. OS 06-28 35108 Alarm Officer responded to a burglary alarm. He displayed sidearm while confronting a masked intruder exiting the building. Officer used hands-on control techniques to arrest the fleeing 48 06-28 35226 Intoxicated Officer used hands-on control techniques to pedestrian facilitate transport of a resistive prisoner. 57 06-29 35928 Out with Officers used hands-on control tec~niqueS= OC subject to arrest a resistive & intoxicated suspect."~''~ " -~._ ~:u'7 ~,~ U N ; ~. rv -~ ~ ~~ d:: .. J ~~" September 8, 2009 Mtg Packet PCRB COMPLAINT DEADLINES PCRB Complaint #09-03 Filed: 06/09/09 Chief's Report due (90days): 09/08/09 Chief's Report filed: ??/??/09 PCRB Mtg #1 (Review & Assign) PCRB Mtg #2 (Review Draft Report) PCRB Report due (45days): 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) PCRB Mtg #2 (Review Draft Report) PCRB Report due (45days): 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) PCRB Mtg #2 (Review Draft Report) PCRB Report due (45days): PCRB MEETING SCHEDULE September 8, 2009 October 13, 2009 November 10, 2009 December 8, 2009 ??/??/09 ??/??/09 ??/??/09 ??/??/09 ??/??/09 ??/??/09 ??/??/09 ??/??/09 ??/??/09 POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS August 2009 Date Description None 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 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 its 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. 3. Verbal Abuse of a Prisoner. NOT SUSTAINED PCRB Annual Report FY 2009 - (DRAFT#2) - 2 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 ADDRESSED 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#2) - 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. The Board made comments and/or recommendations for improvement in police policy, procedures, or conduct in three of the reports: PCRB Annual Report FY 2009 - (DRAFT#2) - 4 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. In the nine complaints covered by the FY09 annual report a total of fourteen officers and the Police Chief were named. 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. PCRB Annual Report FY 2009 - (DRAFT#2) - 5 Category/Number of Complainants Aqe: National Origin: Color: Under 21 0 US 4 White 3 Over 21 5 Unknown 5 Black 1 Unknown 4 Unknown 5 Sexual Orientation: Heterosexual 3 Unknown 6 Gender Identity: Female 1 Male 3 Unknown 5 Sex: Female 1 Male 3 Unknown 5 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 / Abbie Yoder Loren Horton / Janie Braverman Religion: Mental Disability: Catholic 1 No 1 Unknown 8 Yes 2 Unknown 6 Updated 08/19/09 POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5041 Janie Braverman 55 Redbud PI Iowa City, IA 52246 (H) 338-4042 Donald King, Vice Chair 2374 Kristian St Iowa City, IA 52240 (C)631-5724 gohawkeyes54@yahoo.com Joseph Treloar 741 Alpine Dr Iowa City, IA 52245 (H)341-8080 Abigail Yoder 1528 McKinley PI Iowa City, IA 52246 (H) 358-6758 Vershawn Young 263 West Side Dr Iowa City, IA 52246 (H) 354-4308 Catherine Pugh, Legal Counsel 4743 Dryden Ct Iowa City, IA 52245-9250 (H) 339-4617 pugh705@hotmail.com Term: September 1, 2008 -September 1, 2012 Term: September 1, 2007 -September 1, 2011 Term: September 1, 2009 -September 1, 2013 Term: September 1, 2008 -September 1, 2012 Term: September 1, 2009 -September 1, 2013 Publicizing Forum -October ?, 2009 • Notice to Neighborhood Assoc for Newsletters - • Post Agenda & Agenda News Release - • General News Release re:Forum - • Forum Notice in Council packet - • 2„d General News Release re:Forum - • Headline (Barb) on City webpage -Will link to 2nd General News Release - • Route Notice to City Departments • Post Notice in City Buildings -City Hall, Senior Ctr, Rec Ctr, Library Videotape of Forum Cable to videotape and re-run Forum on the City Channel for couple of months - Transcriptions of Forum - Have sub-committee setup before forum to do "draft summary" of the forum for City Council for the Board to review at their next meeting. - Name plates of Board members/Staff for forum AGENDA POLICE CITIZENS REVIEW BOARD COMMUNITY FORUM OCTOBER ?, 2009, TBA EMMA J. HARVAT HALL 410 E Washington St ITEM NO. 1 CALL TO ORDER & ROLL CALL ITEM NO. 2 PRESENTATION ITEM NO. 3 PRESENTATION ITEM NO. 4 PRESENTATION ITEM NO. 5 PUBLIC DISCUSSION WITH POLICE CITIZENS REVIEW BOARD ITEM NO. 6 CONSIDER MOTION TO ACCEPT CORRESPONDENCE AND/OR DOCUMENTS ITEM NO. 7 ADJOURNMENT POLICE CITIZENS REVIEW BOARD COMMUNITY FORUM October ?, 2009 PLEASE SIGN IN IF YOU WOULD LIKE TO ADDRESS THE PCRB DURING PUBLIC DISCUSSION INDIVIDUALS WILL BE CALLED IN THAT ORDER General News Release: The Police Citizens Review Board will be holding a Community Forum on Tuesday, October ?, 2009 at TBA in Emma J. Harvat Hall. Topics will include;,,. u;^+^~~ ^~*''~ nrv~ r ~ + ~;~;^rt n~+;^~~ ~- D>>~-~~~ TM^^„~~;en. The agenda is available at: ~ Y o r http•//www icgov or default/~ps/boards/boardList.asp The City of Iowa City POLICE CITIZENS REVIEW BOARD COMMUNITY FORUM WHEN: Tuesday, October?, 2009 TIME: TBA WHERE: Emma J. Harvat Hall 410 E Washington St Topic:? We invite YOU to attend a forum about ?. Presentations will be given, followed by a public discussion. POLICE CITIZENS REVIEW BOARD COMMUNITY FORUM October ?, 2009 IF YOU WOULD LIKE TO ADDRESS THE PCRB PLEASE PRINT YOUR NAME AND ADDRESS ON THE ATTACHED SHEET INDIVIDUALS WILL BE CALLED IN THAT ORDER NAME: ADDRESS: POLICE CITIZENS REVIEW BOARD COMMUNITY FORUM October ?, 2009 PLEASE PRINT YOUR NAME AND ADDRESS ON THE ATTACHED :SHEET IF YOU HAVE NOT ALREADY SIGNED IN NAME: ADDRESS: