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Home My WebLink About10-13-2009 Police Citizens Review BoardAGENDA POLICE CITIZENS REVIEW BOARD October 13, 2009 - 5:30 P.M. LOBBY CONFERENCE ROOM 410 E. Washington Street ITEM N0.1 CALL TO ORDER and ROLL CALL ITEM N0.2 REPORT FROM NOMINATING COMMITTEE ITEM N0.3 CONSIDER MOTION TO FIX METHOD OF VOTING COMMENT: As the By-Laws do not prescribe the method of voting, the Board will need to make a motion to fix the method of voting. Nominations can be made by balloting or from the floor. Voting can be by voice vote, show of hands, or ballot. The Board should decide if the basis for decision is majority vote of the total membership and procedure for canvass of ballots. ITEM N0.4 NOMINATIONS FOR OFFICE OF CHAIRPERSON MOTION TO CLOSE NOMINATIONS BALLOT OR VOTE ITEM N0.5 NOMINATIONS FOR OFFICE OF VICE-CHAIRPERSON MOTION TO CLOSE NOMINATIONS BALLOT OR VOTE ITEM NO. 6 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED • Minutes of the meeting on 09/08/09 • ICPD General Order 99-01 (Police Vehicle Pursuits) • ICPD General Order 00-06 (Special Purpose Vehicles) • ICPD General Order 07-02 (Detainee Processing) • ICPD P.A.U.L.A. Report -August 2009 • ICPD Quarterly/Summary Report (Quarter 3) - IAIR/PCRB, 2009 PCRB-Page 2 October 13, 2009 ITEM NO. 7 OLD BUSINESS • Community Forum ITEM NO. 8 NEW BUSINESS Service Animal Training Comprehensive Review of PCRB Ordinance, By-Laws, SOP's ITEM NO. 9 PUBLIC DISCUSSION ITEM NO. 10 BOARD INFORMATION ITEM N0.11 STAFF INFORMATION ITEM N0.12 CONSIDER MOTION TO ADJOURN TO EXECUTIVE SESSION based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. ITEM N0.13 MEETING SCHEDULE and FUTURE AGENDAS • October/November 2009 (Tenative Forum) TBA • November 10, 2009, 5:30 PM, Lobby Conference Rm • December 8, 2009, 5:30 PM, Lobby Conference Rm • January 12, 2010, 5:30 PM, Lobby Conference Rm ITEM N0.14 ADJOURNMENT MEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City DATE: October 7, 2009 TO: PCRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on October 13, 2009 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 10/13/09 • Minutes of the meeting on 09/08/09 • ICPD General Order 99-01 (Police Vehicle Pursuits) • ICPD General Order 00-06 (Special Purpose Vehicles) • ICPD General Order 07-02 (Detainee Processing) • ICPD P.A.U.L.A. Report -August 2009 • ICPD Quarterly/Summary Report (Quarter 3) - IAIR/PCRB, 2009 • Complaint Deadlines • PCRB Office Contacts -September 2009 • Updated Board Member Contact List • Correspondence regarding Animal Service Training • Correspondence regarding Community Forum Other resources available: National Association for Civilian Oversight of Law Enforcement NACOLE provides information regarding civilian oversight in law enforcement nation wide. For more information see: www.NACOLE.org DRAFT POLICE CITIZENS REVIEW BOARD MINUTES -September 8, 2009 CALL TO ORDER: Vice Chair Donald King called the meeting to order at 5:30 p.m. MEMBERS PRESENT: Janie Braverman, Joseph Treloar, and Abigail Yoder MEMBERS ABSENT: Vershawn Young STAFF PRESENT: Legal Counsel Catherine Pugh and Staff Kellie Tuttle OTHERS PRESENT: Captain Richard Wyss of the ICPD; Public Dean Able, Caroline Dieterle; and UI Journalism Students Kelly Maguire, Danielle Weber, Aubrey Huff, Brendan Ferguson, Teddy Solberg, and Josie Jones RECOMMENDATIONS TO COUNCIL (1) Accept PCRB Annual Report CONSENT CALENDAR Motion by Braverman and seconded by Yoder to adopt the 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 Motion carried, 4/0, Young absent. Regarding General Order #99-07 (Traffic) Braverman inquired what NHTSA stood for on page 3. Wyss informed her that it was the National Highway Traffic Safety Administration. Also on page 5, number five, Braverman asked where the current court decisions come from. Wyss stated that they can from the City Attorney's office, County Attorney, or the Attorney General. Braverman also noted that in Appendix II, number thirteen, there was little regarding violations and policy regarding enforcement of people on bicycles. Wyss replied that they are considered traffic and would fall under the same guidelines as vehicles. Braverman also had a couple of typos in General Order #01-05 (Officer Involved Shootings/Lethal Incident Investigations) that were forwarded to Wyss. Regarding Use of Force reports, Braverman inquired as to the description of "Out with subject" under the incident column. Wyss stated that it's when the officer sees something going on and contacts dispatch and let them know that he out with subject. It's a quick way to let dispatch know that they're out of the vehicle. It could be with a complainant, victim, or for some altercation where the officer doesn't have a lot of time to explain. King mentioned that the June Use of Force should be 2009, not 2008. PCRB September 8, 2009 Page 2 Tuttle verified with the Board whether or not they would like to continue receiving the monthly Use of Force Report, the quarterly Use of Force Reviews, and the P.A.U.L.A. reports from PD. The Board agreed they would like to continue receiving all the reports. OLD BUSINESS Draft of FY09 Annual Report -Tuttle reported to the Board that she had heard back from Roth and his review of the figures agreed with the draft. The Board made other minor changes to the report. Motion by Braverman, seconded by Treloar to adopt the annual report as amended and forward to the City Council. Motion carried, 4/0, Young absent. Community Forum -The Board discussed the upcoming forum and agreed to have an introduction of the PCRB, who they are and what they do, given by one of the Board members. The topic the Board agreed to cover was Use of Force. The Board requested that a member of the Police Department do a presentation to educate the public on the policy before public discussion. The Board is considering October 27`h or November 18`h as the dates for the forum. Captain Wyss is going to check to see if there is a member of the Police Department available to do a presentation. Wyss will get back to Tuttle on the dates. The forum will be publicized the same as last year. NEW BUSINESS Updated Board Member Contact List -Tuttle had included updated Board member contact list in the meeting packet. Members made corrections and Tuttle will update and redistribute in the next meeting packet. Select Nominating Committee -Braverman and King were selected to be on the nominating committee and will meet and report back to the Board at the next meeting. BOARD INFORMATION Braverman reported that she had been contacted by members of the community in regards to how well the police department is or isn't trained in the legal rights of disabled persons with service animals. Tuttle asked Wyss if there was any material that could be provided regarding training for the next meeting packet. Wyss suggested requesting that information from the Chief. Wyss could not recall if there was anything within the general orders specifically dealing with service animals. The Board directed staff to make a request to the Chief for any information available regarding Service Animal training for Iowa City police officers. Braverman would also like to see the Board do a comprehensive review of the PCRB Ordinance, By-Laws, and SOP's by possibly putting together a subcommittee and then reporting back to the Board with recommendations. Braverman would like to be apart of that subcommittee. The Board agreed to put this as an item on the next agenda for discussion. Pugh suggested looking at other review boards to see what policies/practices they have. Braverman stated that this could also be a future forum topic. PCRB September 8, 2009 Page 3 PUBLIC DISCUSSION STAFF INFORMATION EXECUTIVE SESSION REGULAR SESSION Abel confirmed the next meeting date and the tentative date(s) for the upcoming forum. None. Motion by Yoder 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, 4/0, Young absent. Open session adjourned at 6:25 P.M. (Board recessed to answer questions from the UI Journalism group 6:25-6:39) Returned to open session at 6:54 P.M. Motion by Yoder, seconded by Treloar to set the level of review for PCRB Complaint #09-03 to 8-8-7 (B)(1)(a), On the record with no additional investigation. Motion carried, 3/0, Braverman abstaining, Young absent. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • October 13, 2009, 5:30 PM, Lobby Conference Rm • October/November 2009 (Tentative 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 Treloar. Motion carried, 4/0, Young absent. Meeting adjourned at 7:01 PM. 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 Norton'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 - (Final/Approved 9/8/09) - 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 (untimely) 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 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 PCRB Annual Report FY 2009 - (Final/Approved 9/8/09) - 3 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 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: 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. PCRB Annual Report FY 2009 - (Final/Approved 9/8/09) - 4 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. Category/Number of Complainants Age: National Origin: Under 21 0 US Over 21 5 Unknown Unknown 4 Sexual Orientation: Gender Identity: Heterosexual 3 Female Unknown 6 Male Unknown Color: 4 White 3 5 Black 1 Unknown 5 Sex: 1 Female 1 3 Male 3 5 Unknown 5 PCRB Annual Report FY 2009 - (Final/Approved 9/8/09) - 5 Marital Status: Single 3 Married 1 Unknown 5 Religion: Mental Disabilitv: Catholic 1 No Unknown 8 Yes Unknown 1 2 6 Physical Disabilitv: No 2 Unknown 7 BOARD MEMBERS Michael Larson, Chair Donald King, Vice Chair Greg Roth Elizabeth Engel / Abbie Yoder Loren Horton / Janie Braverman Iowa City Police Department P.A.U.L.A. Report -August 2009 (Possession of Alcohol Under Legal Age) . ~ x Business Name (occupancy] Monthly Totals Year-to-Date Totals PAULA,yiSit_ ,,, (occupancy loads updated Oct'08) visits arrests visits arrests _ EaC-tQ- . j~ ~ "~~ 808 Restaurant & Nightclub [176] 4 5 31 35 `' ` `' ~ ' T.129` Airliner [223] 5 4 26 18 0.692 American Legion [140] 3 0 0.000 Aoeshe Restaurant [156] Atlas World Grill [165] 7 0 0.000 Blackstone [297] 1 0 0.000 Bluebird Diner (82] Bob's Your Uncle [260'] Bo-James [200] 3 0 21 1 0.048 Bread Garden Market & Bakery [?] [It's] Brothers Bar & Grill [556] 9 7 59 29 0.492 [The] Brown Bottle [289] Buffalo Wild Wings Grill & Bar [189] 2 0 0.000 Cafe Z [56] Caliente Night Club [498] (opened nnaR~ 25 0 0.000 Carl & Ernie's Pub & Grill [92] 8 0 0.000 Carlos O'Kelly's [299] Chipotle Mexican Grill [119] [The] Club Car [56] 9 0 0.000 Colonial Lanes [502] Dave's Foxhead Tavern [87] 3 0 0.000 David's Place (aka Dawit's) [73] 5 0 0.000 DC's [120] 4 1 22 6 0.273 [The] Deadwood [218] 8 0 0.000 Devotay [45] Donnelly's Pub [49] 2 0 11 0 0.000 [The] Dublin Underground [57] 9 0 0.000 [Fraternal Order of] Eagle's [315] 2 0 0.000 EI Dorado Mexican Restaurant [104] [BPO] Elks #590 [205] EI Ranchero Mexican Restaurant [161] Englert Theatre [838] Etc [178 1 0 33 47 1.424 Fiesta Mexico (aka Farras) [200] 10 0 0.000 [The] Field House (aka Third Base) [420] 5 7 59 115 1.949 Firewater [114] 3 1 0.333 Formosa Asian Cuisine [149] 3 2 6 5 0.833 George's Buffet [75] 5 0 0.000 Givanni's [158] Godfather's Pizza [170] Graze [49] 3 0 0.000 Grizzly's South Side Pub [265] 9 0 0.000 Guido's Deli [20] Hawkeye Hideaway (94] 5 0 0.000 [The] Hilltop Lounge [90] 6 0 0.000 IC Ugly's [72] 7 0 0.000 India Cafe [100] [The] Industry [436] 17 0 0.000 Jimmy Jack's Rib Shack [71] 3 0 0.000 Joe's Place [281J 3 0 16 0 0.000 Joseph's Steak House [226] Kamodo Klub [144] 7 1 0.143 Kandy Land [120] 6 0 0.000 Karaoke La Reyna [78] 1 0 1 0 0.000 La Casa [300] La Reyna [49] 1 0 0.000 Linn Street Cafe (80] Los Cocos [99] 2 0 86 0 0.000 Los Portales [161] Martini's [200] 2 0 14 0 0.000 Masala [46] Mekong Restaurant [89] Mick 's 98] 6 0 0.000 [The] Mill Restaurant [325] 1 0 3 0 0.000 [Loyal Order of] Moose [476] Monica's Italian Bistro & Pizzeria [160J [Sheraton] Morgan's [231] 3 0 0.000 Motley Cow Cafe [82] Okoboji Grill [222] Old Capitol Brew Works [294] 3 0 0.000 One-Eyed Jake's [299] 2 2 25 28 1.120 One-Twenty-Six [105] Oyama Sushi Japanese Restaurant [87] Pagliai's Pizza [113] Panchero's (Clinton St) [62] Panchero's Grill (Riverside Dr) [95] Piano Lounge [65] 9 1 0.111 [The] Picador [261] 8 0 0.000 Pints [180] 4 0 35 11 0.314 Pit Smokehouse [40] Pizza Hut [116J Pizza Ranch [226] Quality Inn/Highlander [971] Quinton's Bar & Deli 149] 2 0 9 0 0.000 [The] Red Avocado [47] Rick's Grille & Spirits [120] 2 0 0.000 Riverside Theatre [118] Saloon [120] 8 1 0.125 Sam's Pizza [174] 3 0 0.000 [The] Sanctuary Restaurant [132] 3 0 0.000 Shakespeare's [90] 6 0 0.000 Short's Burger & Shine [56] 8 0 0.000 Sports Column [400] 5 7 44 64 1.455 Studio 13 [206] 1 0 11 0 0.000 [The] Summit [736] 11 16 59 108 1.831 Sushi Popo [84] Takanami Restaurant [148] 2 3 1.500 TCB [250] 2 0 24 0 0.000 Thai Flavors [60J Thai Spice [91] Tropicana (aka Club Furia) [280] 4 0 40 1 0.025 T. Spoons [102] Union Bar [854] 9 8 51 54 1.059 VFW Post #3949 [197J [The] Vine Tavern [170] 4 0 0.000 Vito's [320] 6 0 29 7 0.241 Wig & Pen Pizza Pub [154] 3 0 0.000 [Iowa Cit ]Yacht Club [206] 3 0 12 0 0.000 Zio Johno's Spaghetti House [94] Z'Mariks Noodle House 47 Totals: 94 59 959 536 0.559 Other PAULA at non-business locations: 21 67 PAULA Totals: 80 603 "includes outdoor seating area current month year-to-Date E~'~ ., .. - i.... ~ "~~ -°' ' _~ ~". ~~`«J r ~? TO: FROM: a~: DATE: Fite MEMORANDUM Captain Johnson, Field Operations uarterl /Summary Report (Quarter 3)- IAiR/PCRB, 2009 October 6, 2009 Attached you will find the 2009 Quarterly Report, {quarter 3), for the Iowa City Police Department internal Affairs/Police Citizen's Review Board investigative file. cc: PCRB Chief Hargadine I.A.I. #:09-01 PCRB#: none Incident Date: 12-3-08 Incident Time: 3:00 PM Location: ICPD Date Assigned: 1-26-09 Allegation: 1. Violate Rules/Regulations 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 Incident Date: 4-10-09 Incident Time: 12:05AM Location: 100 E College St Date Assigned: 04-24-09 Allegation 1. Improper Action Disposition: 1. Com taint re'ected b PCRB com lainant absence of standin I.A.I. #:09-04A PCRB#: 09-03 Incident Date: 4-10-09 Incident Time: 12:05AM Location: 100 E College St Date Assigned: 07-01-09 Allegation 1. Improper Action y Disposition: 1. Not sustained - ~ -~ ~„ ~: r-. ,: ~;,a ~:> r.,~ ,~ ,, .~ uA..~ ~1 I.A.I. #:09-05 PCRB#: 09-04 Incident Date: 6-19-09 Incident Time: 10:02PM Location: 2001owa Avenue Date Assi ned: 06-26-09 Allegation 1. Improper Conduct Disposition: 1. Not sustained I.A.I. #:09-06 PCRB#: 09-05 Incident Date: 6-30-09 Incident Time: 11:51 PM Location: 3500 Shamrock PI Date Assi ned: 07-01-09 Allegation 1. Excessive force Disposition: 1. Not sustained* 'One olic violation, unrelated to co aint, identified Burin course of investi ion POLICE OPS 02.1 ~ ~~~~ ; ~~ ~i G VEHICLE PURSUITS Date of Issue General Order Number Februa 10, 1999 99-01 Effective Date Section Code Se tember 15, 2009 OPS-02 Reevaluation Date Amends /Cancels September 2010 90-01 OPS-02 C.A.L. E.A. Reference 1.2.7, 1.3.2, 41.2.1, 41.2.2, 41.2.3 See Index -> :: INDEX AS: Use of Force Vehicle Pursuits Reports I. PURPOSE Tire Deflation Devices ;-~; ;~, It is the purpose of this policy to state the guidelines to be followed during vehicular pursuits. U, II. POLICY The initiation of a pursuit is justified when, in the officer's judgment, a suspect exhibits the intent to avoid arrest using a motor vehicle to flee. Initially the officer must determine if the necessity of immediate apprehension outweighs the level of danger created by the pursuit. This evaluation must continue throughout the course of the pursuit by the officer and his/her supervisor. All pursuits will be conducted in strict accordance with section 321.231 of the Code of Iowa and all emergency vehicles will utilize both audible and visual signaling devices when engaged in pursuits. OPS 02.2 III. DEFINITIONS 321.231 Authorized emergency vehicles and police bicycles. 1. The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected perpetrator of a felony or in response to an incident dangerous to the public or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section. 2. The driver of any authorized emergency vehicle, may: a. Park or stand an authorized emergency vehicle, irrespective of the provisions of this chapter. b. Disregard laws or regulations governing direction of movement for the minimum distance necessary before an alternative route that conforms to the traffic laws and regulations is available. 3. The driver of a fire department vehicle, police vehicle, or ambulance, or a peace officer riding a police bicycle in the line of duty may do any of the following: a. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary fok: safe `~~" operation. b. Exceed the maximum speed limits so long as th~adriv does not endanger life or property. `~' ~~~ '? 4. 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 approved by the department except that use of an audible or visual signaling device shall not be required when exercising the exemption granted under subsection 3, paragraph "b" of this section when the vehicle is operated by a peace officer, pursuing a suspected violator of the speed restrictions imposed by or pursuant to this chapter, for the purpose of determining the speed of travel of such suspected violator. a. Police bicycles shall be operated in accordance with General Order 00-07 Police Cyclist. b. The operator of a police bicycle, may, in the line of duty, do any of the following; Proceed past a red or stop signal or stop sign, but only after slowing down as may be OPS 02.3 necessary for safe operation; Exceed the maximum speed limits so long as the driver does not endanger life or property. 5. The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of the driver's reckless disregard for the safety of others. Pursuit -For the purpose of this policy, pursuit means chasing a fleeing suspect. IV. PROCEDURES A. Initiation: The pursuing officer must carefully consider the safety of persons and property before engaging in a vehicular pursuit. Some of the factors that should be considered when determining whether to initiate, continue or terminate a vehicular pursuit are: 1. Time of day -high speed pursuits occurring during a time when there is a high level of activity (businesses, schools), are normally more hazardous than those occurring during periods of low activity. 2. Volume of vehicular traffic -pursuits occurring during periods of heavy traffic flow are more hazardous than those occurring at other times. 3. Location of pursuit -pursuits through residential. areas or.., along streets near or adjacent to schools are normalCj~ more a hazardous than those in lightly populated areas. = ~~'' ~.~'"'i :_-~ 4. Weather conditions. ;,, ~~°~ _ ~ a ~~ 5. Road conditions. ~__ ~ T' ~, ; ~.: ~::~a 6. Speed involved. ~ '_ 7. Nature of the offense -pursuits for persons suspected of involvement in felonies are viewed as more justifiable than those for persons suspected of traffic or other misdemeanor violations. However, there shall be no assumption that the commission or suspected commission of a felony constitutes automatic authorization to pursue by vehicle. 8. The condition of the police vehicle should be considered. 9. Consideration should be given to the driving skills of the pursuing officer. OPS 02.4 10. Consideration should be given to whether the offender can be identified and therefore apprehended by other means. B. Officers shall be familiar with and use the following Pursuit Decision Matrix as guidance in determining whether to initiate or continue a pursuit. The Pursuit Decision Matrix is very similar to the Use of Force Continuum as set out in the Department's Use of Force policy. It is a guide designed to assist the officers in their use of discretion and shall be followed when making vehicular pursuit decisions. The degrees of risk associated with vehicular pursuit in specific circumstances are defined as follows: PURSUIT DECISION MATRIX GUIDES LOWER RISK 1. Marked vehicles 2. Straight roads, good surfaces, clear line of sight 3. Few intersections 4. Few or no pedestrians 5. Good weather 6. No hazardous maneuvers by violator 7. Speeds at or less than 20 m.p.h. over the posted limit 8. Officer is calm and in control 9. Lack of special circumstances (i.e., school zones, hospitals, etc.) MODERATE RISK 1. Some intersecting streets (i.e., residential area) 2. Light pedestrian traffic 3. Moderate traffic, little congestion - y 4. Speeds 20 m.p.h. greater than the posted speed limit: ~; 5. Officer generally calm, under control = 6. Some hazardous, but not extreme maneuvers (i.e., 'crossirjg~ center line to pass vehicles, sudden lane changes:' by the _, _ ~: violator. ~ - '' :ra HIGH RISK >? -= 1. Frequent intersecting streets (i.e., a business district) `~ 2. Poor weather, slippery streets, low visibility 3. Blind curves or intersections, narrow streets 4. Numerous pedestrians .~~ ~n: ~r 5. Heavy, congested traffic 6. Speed twice the posted speed limit, or greater than 80 m.p.h. OPS 02.5 7. Extremely hazardous maneuvers (i.e., driving against oncoming traffic, failing to stop for red lights) by the violator 8. Numerous vehicles in pursuit 9. Officer excited, not in full control of emotions 10. Existence of special circumstances (i.e., school zones, hospitals, etc.) NOTATION The courts have decided that the officer will be judged from the perspective of a reasonable officer on the scene (Graham V. Conner). With this in mind, officers should give serious consideration to all of the factors before deciding to initiate a pursuit and continue to evaluate the need to pursue versus terminating the pursuit. PURSUIT DECISION MATRIX NATURE OF OFFENSE VIOLENT FELONY IMMINENT THREAT FELONY-VIOLENT CRIMES LOWER RISK .~~'~~~ "~~C~~P.~si~L ~~~K: May Pursue. Continue To Assess Risk. May Pursue. Continue To Assess Risk. r~ELpNI~-` 'May Pursue. ~I~OP~RTY 'Continue To Assess _ CRIMES- ~=~ ' ~~s~. .r MISDEMEANC~~R i I~ay~ Pursue. RJR TRAFFIC ~ Continue To Assess VIOLATIONS THAT ;Risk. ARE SAFETY ~, RELATED ~._ - i f L - - -- - lyl1NOR M--~- -~- .. ~ -- -_-_ ' DO NOT PURSUE INFRACTIONS THATARE NOT SAFETY REL9~TED -1------`--_ ~:._ ~~~ ~r ~~~ May Pursue. Continue To Assess Risk. May Pursue. Discontinue If Risks Exceed Known Threat To Public Safety If Capture Is Delayed. May Pursue. i`;,r ~~ i=~ur sup. Continue To Assess ~~scont!n~e If Risk Risk. xUee~ Kn~wr~ great To Pub4~v ~a*e~y If Capt~r~ l~ _. ~el~yed. - ~__' a y I~t,frSt~~. DlS~{3ntinl.le retinue To ~~sess l OI; 6sk'' }' ` Do blot Pursue ~<< Discontirru~ ~ Uisct~ntinue ;' OR ', CSR Do Not`Pursue I ' Do Not Pursue DO NOT PURSUE DO NOT PURSUE __ ;~ r ~ ~~_ OPS 02.6 Officers must continually assess the nature of the offense against the risk factors. An officer's response must be consistent with the Pursuit Decision Matrix. C. Notification - When a motor vehicle pursuit is initiated, it shall be immediately reported to the Emergency Communications Operator by the initiating officer. The initial information will include: 1. The reason for the pursuit 2. The location, speed, and direction of travel ,., f _ ~~~ ~, .~., ::; 3. The description of the fleeing vehicle, including licen~e-~lai<ery ~~i~"i number. ~= ~ ~ ~ `~;~ 4. ~ The number of occupants and description of occupants '~ observed. '= ``= ,~ ~~a ;~ .. ~ w: 5. The officer will update the information as it becomet~ available or changes. D. Communication Center Responsibilities -Communications during a pursuit is vital to the safe apprehension of the offender as well as the safety of the officers and bystanders. The communications center will have the following responsibilities: 1. Immediately upon receiving information that an officer is in pursuit, the ECO will advise all other non-emergency radio traffic to stand by and give the pursuing officer priority use of PD1. The ECO will advise the pursuing officer of any pertinent information concerning the area of the pursuit. 2. Notify a watch commander/supervisor of the pursuit in progress. 3. The ECO shall record on the CAD log all the information furnished by the officer during the pursuit. 4. As long as the pursuit is continued, the ECO will manage the pursuit communications by re-broadcasting transmissions of relevance to other units involved. 5. Contact surrounding agencies and advise them of the pursuit. We do not encourage involvement of other agencies in the pursuit other than for perimeter control and assistance in attempts to identify the violator unless specifically requested otherwise. OPS 02.7 6. When the pursuit leaves the city limits, or it is reasonably imminent that it will, the ECO will contact the appropriate law enforcement agency with necessary information. 7. As time permits, the ECO will run vehicle and registered owner information and broadcast pertinent information. E. Supervisory Responsibilities A supervisor shall assume control of all pursuits. This can be accomplished through radio communications. Supervisors will monitor all pursuits and approve any special tactic that will be used. 2. In the event the supervisor initiates the pursuit, they should relinquish that position as soon as another unit becomes available and assume control of the pursuit as specified in subparagraph (1) above. 3. The supervisor's foremost considerations shall be officer and bystander safety, methods of identifying the fleeing .suspect, tactics to stop the fleeing vehicle, and coordinati'an of ail officers. ° ~ ~ ~i"'i _. a ~.._.~ 4. Supervisors shall intervene and correct any misuse =ofr polio ~,~ ~ 5 personnel involved in the pursuit. = ``~r~ ~: y sh.7 .ar s`• ~~ 5. The supervisor may, at any time, order the terminatiq~ of thy.. pursuit when, in their judgment, the nece sity c~ apprehension is outweighed by the level of danger created by the pursuit. 6. Supervisors shall also assure that sufficient patrol strength is maintained within the city to handle routine calls for service. 7. The supervisor in charge of the incident shall approve any special tactics to stop the vehicle. F. Pursuit Tactics NOTE: Pursuit at high speeds under the best of conditions is an extremely dangerous situation. Any tactic contemplated when high speed is involved, requires advance planning, taking into consideration the factors surrounding the incident at hand. Safety is the foremost consideration. The following OPS 02.8 are some possible alternatives to consider when determining methods of stopping the fleeing vehicle. Consider alternatives, through radio communication and the assistance of other police officers. A determination should be made as to whether the offender can be identified and apprehended later. 2. Use fuses or traffic cones to set up an apparent roadblock in advance of the pursued vehicle. Remember to clear the road and select a safe location. 3. Use tire deflation devices to bring vehicles to a controlled stop. 4. Do not use the spotlight focused on the back window of the pursued vehicle. 5. Stationary roadblocks -because of the inherent danger of the use of stationary roadblocks in pursuit situations, it is the policy of this department that stationary roadblocks will be used for the purpose of stopping fleeing vehicles only: a) As a last resort, in those exigent cases where the use of deadly force would be justified to prevent injury or death to the officer or other persons, a stationary roadblock may be considered. If suitable materials such as construction barricades are not available, unoccupied police vehicles with emergency lights in operation may be used, as directed by the watch commander/supervisor. b) Stationary roadblocks will only be set up with the authorization of the supervisor in charge of the incident. To avoid creating an unnecessary hazard to pursuing officers and innocent persons, the roadblock will be located in an area of high visibility which provides a safe stopping distance for oncomi~ traffit~. Under no circumstances will roadblocks be b~fricad~~ by occupied or private vehicles and all efforts =will b;~ ~k'.. t made to remove private vehicles from the path of tl~e pursuit. "~' ~p ,' iii 6. Moving roadblocks are prohibited without the ;re authorization of the supervisor in charge of the incid~t. cr 7. Ramming will only be considered to stop a fleeing vehicle as a last resort, and then only in those extreme cases where OPS 02.9 the use of deadly force is justified to prevent injury or death to the officer or other persons. The officer must consider the extreme danger to himself/herself, occupants of other vehicles and other users of the roadway. Permission to make deliberate contact with the offender's fleeing vehicle will be received from the supervisor prior to initiation of the act. 8. Specialized Police Vehicles a) Officers operating unmarked vehicles, equipped with visual and audible signaling devices, may engage in pursuits only when the fleeing vehicle presents an immediate threat to persons or property and then only until a marked unit is available to assume the pursuit, at which point the unmarked will withdraw and serve only in a support role. b) Police vehicles without emergency equipment, i.e., visual or audible signaling devices, SHALL NOT ENGAGE IN PURSUITS with one exception.l,`~n tho's cases where the fleeing vehicle presents a~ immediate threat of death or serious injury, they mad ~.~~ participate until marked police units arrive. ~, ~"~ .~e ~' 9. Following the Fleeing Vehicle = =" "::~,~ a) All units will be spaced in such a manner to tires to react to evasive maneuvers of the fleeing ~hicle~ another police vehicle. b) Officers will not pursue the fleeing vehicle the wrong way on interstate or controlled access roadways, or one way streets, unless specifically authorized to do so by a supervisory officer. 10. Aid to Outside Agencies a) Whenever units of another law enforcement agency are engaged in a pursuit and request assistance from the Department, the requesting agency shall advise the emergency communications center of the nature of the offense and the description of the fleeing vehicle before a police vehicle from the Department joins in the pursuit. If an outside agency contacts an Iowa City officer directly, requesting assistance in a pursuit, it will be the responding officer's responsibility to advise a watch supervisor and communications of the request and the circumstances surrounding it. b) The watch commander/supervisor must approve the request before any action is taken. OPS 02.10 c) No more than two Iowa City Police Vehicles will actively become involved in a pursuit initiated by an outside agency. This DOES NOT preclude other officers from deploying tire deflation devices, blocking intersections or otherwise assisting the outside agency. d) In instances where a vehicle is pursued by two or more vehicles from an outside agency only one Iowa City Police Vehicle may actively become involved in the pursuit. The operator of this vehicle shall communicate the speed, direction of travel and other information to the Iowa City Emergency Communications Center. -~..~ 11. Firearms ;: a) .x Except under the following circumstances, shnoting~ ~ ~ ~ from or at a moving vehicle is prohibited. P - ~~~ ..=-~~ (1) When an occupant of the fleeing vehicle is`~tilzin~,-~ ~^~ deadly force against the police officer orother.-= ~~~~ ,~ persons. (2) As a last resort to prevent death or serious~~'ary `•• to the officer orother person(s). ~' ~„ (3) As a last resort to apprehend a person who has just committed a felony resulting in death or serious injury. b) The discharge of firearms shall not be utilized when the circumstances do not provide a high probability of striking the intended target or when there is a substantial risk to the safety of other persons, including risks of causing vehicle accidents. 12. Number of Pursuit Vehicles a) The number of Iowa City Police vehicles actively involved in a pursuit should be limited to two vehicles, a primary unit and a secondary unit. Other officers will be kept informed of the pursuit and should be in a position to assist if the pursuit enters their area of responsibility. b) There will be no caravan of police vehicles attempting to join the pursuit. c) There will be no attempt by officers engaged in the pursuit to pass other units involved in the pursuit unless permission is given by the supervisor in charge of the pursuit. d) Secondary units shall provide backup to the primary unit and may assume the pursuit should the primary OPS 02.11 unit become disabled. Secondary units should also ensure that communications of pursuit status is maintained. V. TERMINATION OF PURSUIT A. Pursuit shall be terminated under any one of the following reasons: 1. A supervisor or higher authority orders the pursuit terminated. 2. Upon the determination of the pursuing officer that, the danger to the officers or others in the area outweighs the necessity for immediate apprehension. 3. The offense is a traffic infraction, misdemeanor or other non- violent felony and the identity of the violator is known. 4. Visual contact is lost or the distance between the officer and the pursued vehicle is so great that further pursuit is futile. 5. The pursuing officer believes that the fleeing vehicle is being operated by a juvenile and the offense constitutes a traffic infraction, misdemeanor, or non-violent felony. 6. When there is an equipment failure involving the emergency lights, siren, radio, brakes, steering. or other essential mechanical equipment. B. While not necessarily dictating immediate action, serious and continuing consideration should be given to termination of a pursuit under the following conditions: 1. Environmental factors such as rain, fog or darkness substantially increase the danger of the pursuit. 2. Road conditions are congested by traffic or pedestrians, such as, at rush hour or in the area of any school. C. The termination of a pursuit does not prohibit following the pursued .. vehicle while obeying all traffic laws, or remaining in the area: to re- initiate contact if circumstances dictate. ,:, ~ . r„r L, j ., *~ v ~;-'' - - G~ OPS 02.12 VI. REPORTING A. The pursuing officer will forward a written report detailing the pursuit to the Division Commander before completing their tour of duty. The watch supervisor will forward a written report to the Division Commander within 10 days unless an extension is allowed by the Commander of Field Operations. The reports shall include: 1. Evaluation of the circumstances involved. 2. If the initiating officer followed the required procedures. 3. Were there other units involved and did they follow procedures? ;-~ 4. Did communications perform their responsibilities? ~ -~ ~~ 5. Did supervisors perform their responsibilities? ~-~ G ~ ~ ~ 6. Was force used to stop the vehicle, i.e. roadble~cs di"? controlled stopping devices? ='' 7. Were procedures followed regarding termination of pursuits? B. The supervisor of the unit initiating the pursuit shall be responsible for submission of a written analysis and critique of the pursuit through the chain of command to the Chief of Police. The report shall include an evaluation of the pursuit referring to the circumstances and adherence to this policy. C. A vehicular pursuit is deemed a "use of force", hence a Use of Force report must be completed. D. As a vehicular pursuit is deemed a "use of force", the Department's Use of Force policy and Use of Force continuum apply to vehicular pursuits. E. On an annual basis a documented analysis of all pursuits for the past calendar year shall be completed. This report shall be completed by the Sergeant of Planning and Research and be forwarded to the Chief of Police. The analysis is intended to reveal patterns or trends that indicate training needs and/or policy modifications. r~~ ..~, 3~ OPS 02.13 VII. TRAINING Officers shall receive annual training in the use of forcible stopping techniques. 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 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. :--, -;~- +J- . ~6 ~~ ~~; ,_.~, Q ~ ~ ~~ _- SER-04.1 SPECIAL PURPOSE VEHICLES Date of Issue General Order Number SEPTEMBER 25, 2000 00-06 Effective Date Section Code SEPTEMBER 23, 2009 SER-04 Reevaluation Date Amends /Cancels SEPTEMBER 2012 C.A. L. E.A. Reference 41.1.4 ~~ . -, INDEX AS: ~~` ~. ~, ;;~ Vehicle Operations Community Service Officers ~~ Police Cyclist SRT =y Canine Bomb Threats T. ~ i'~~{ .-. ~"~ :`'~ _,~.,, I. PURPOSE The purpose of this policy is to identify operating criteria for special purpose vehicles owned and used by the department. ~~ Y II. POLICY It is the policy of the Iowa City Police Department to maintain special purpose vehicles. Special purpose vehicles will primarily be used for the purpose which they are designated. SER-04.2 III. DEFINITIONS Special purpose vehicle -The Iowa City Police Department designates the following type vehicles as special purpose vehicles. 1. Canine Vehicles -- <=± c~ 2. Mobile Command Center 3. Community Service Officer Vehicles "=~~ `~~`~ 4. Police Bicycles ~ ^~~ ~~- 5. Animal Control Vehicle `~`' ,~ 6. Prisoner Transport Van .... ~: ;~ f. ~~ IV. PROCEDURES ~ Uniformed Operations A. Canine Vehicle -Used to safely transport police canine and handler to and from work related duties. 1. Canine officers assigned to the vehicle can authorize any member of the department to operate the vehicle. 2. Operation of the Canine vehicle requires no special training. 3. In addition to being equipped as a marked patrol vehicle, the canine vehicle shall: a. Be modified for the safe transport of the canine. b. Be equipped with a device for the handler to remotely release the canine from the interior of the vehicle. c. Contain equipment necessary for the handling and control of the canine, as determined by the handler. 4. The canine officer is responsible for the normal upkeep and cleanliness of the canine vehicle. 5. The vehicle shall receive routine maintenance as determined by the city's vehicle maintenance department. B. Mobile Command Center (MCC) -Used at major incidents to transport personnel, special equipment and communications equipment to the scene. Also serves as command .center for major incidents and incidents involving the call out of the Special Response Team. 1. The Incident Commander may request the use of the -MCC at their discretion. The use of the MCC should be approved by the Watch Commander or Commander of Field Operations or designee. Any sworn personnel may operate the vehicle as directed by the incident commander. 2. The MCC requires no special training to operate, however the operator needs to be familiar with operating large "top heavy" vehicles. 3. The MCC may be equipped with emergency lights and siren and "police" radio and Data Terminal. In addition the MCC may be equipped with the following: A. Electrical Generator SER-04.3 B. Tactical Equipment as determined by SRT command. 4. The SRT Commander or designee is responsible for the normal upkeep and cleanliness of the MCC. 5. The vehicle shall receive routine maintenance as determined by the city's vehicle maintenance department. C. Community Service Officer (CSO) Vehicles - Used by CSOs in the performance of their assigned duties. 1. CSO vehicles may be operated by any member of the department. 2. The Operation of CSO vehicles requires no special training. 3. CSO vehicles are marked as Community Service Officer and are equipped with emergency lights, police radio and Data Terminal. ~~ In addition CSO vehicles shall be equipped with: _ ,;` a E ui ment for capturing and securing animals. • b. q P Parking citations and vehicle impound forms. c. Forms for taking basic reports. -~~ i.:' • d. Rack for carrying bicycles. - " ' ~~ "~~ e. Other equipment as determined by the CSO. r. ~.? CSOs are responsible for the normal upkeep 4 and cleanliness of CEO . vehicles. 5. CSO vehicles shall receive routine maintenance as determined by the city's vehicle maintenance department. D. Animal Control Vehicle -Used by Animal Control Officers in the performance of their assigned duties. 1. Animal control vehicles may be used by animal control officers. On-duty animal control officers may authorize other members of the department to .operate the vehicle. When animal control personnel are not on duty, Watch Supervisors may authorize officers or CSOs to operate animal control vehicles as needed. 2. The operation of animal control vehicles requires no special training. 3. Animal Control Vehicles are clearly marked as such and contain a police radio. In addition, animal control vehicles may be equipped with: a. Nooses, snares, or other equipment to capture at large animals. b. Kennels or compartments to contain captured animals. c. Tools and implements for clearing dead animals from the streets and other public areas. d. Other equipment as determined by animal control personnel. 4. The animal control supervisor is responsible for the general upkeep and cleanliness of animal control vehicles. 5. Animal control vehicles shall receive routine maintenance as determined by the city's vehicle maintenance department. E. Police Bicycles -Used by specially trained officers for patrol purposes. 1. Police Bicycles may only be operated by officers who have successfully completed a departmentally recognized Police Cyclist Training Course. 2. Police Bicycles will be marked as with the word POLICE. Police Bicycles shall be equipped with lights and reflectors. The bicycles shall also have enclosed pack to carry paperwork, small supplies and first aid equipment. ..~. ~, r SER-04.4 3. The assigned officer shall be responsible for the general upkeep and maintenance of the bicycle. 4. The bicycle shall receive maintenance as needed. 5. The use of police bicycles may be authorized by watch supervisors for situations where traditional vehicles are unable to enter, i.e. parades, festivals, remote areas, or there is a community policing need that can best be served by officers on bicycles. F. Prisoner Transport /Holding Vehicle -May be used for the transporting of prisoners or holding of prisoners until they are booked /processed at the jail or other processing center. 1. The maintenance /care of this vehicle is the responsibility of the Commander of Field Operations or designee. 2. No special license or training is required to operate the vehicle. 3. The transport of prisoners shall comply with departmental directives relating to the transporting of prisoners. 4. Use of the vehicle shall be consistent with directives relating to the vehicle. 5. Maintenance shall be as determined by the city's vehicle maintenance department. 6. The vehicle shall be equipped with barriers which separate prisoners from officers as well as juvenile /female prisoners from male prisoners. The vehicle will also have low maintenance seats for prisoner usage. All persons operating a motorized city vehicle SHALL have a valid Iowa Drivers License with all applicable endorsements and compiling with all applicable restrictions. "7 ~ ~ /,, ~/ Samuel Hargadine, ~ f of olice 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 departn~ntal , administrative sanctions. '~~~' r-'.-~ "~,: -.~ ~ ~. ('^j y "~3 ~n ~x:~_,:p y~~ . OPS 21.1 DETAINEE PROCESSING Date of Issue General Order Number Se tember 27, 2007 07-02 ' a Effective Date Section Code ~=> October 29, 2008 OPS-21 ~~' ~~ ~ -~3 Reevaluation Date Amends /Cancels ~,', September 2010 "' C.A. L. E.A. Reference Chapter 71 I. PURPOSE The purpose of this order is to define the areas of the Iowa City Police Department where Detainee Processing is to occur. It is also the goal of this policy to establish parameters for officers to follow while processing detainees at the Department. II. POLICY It is the policy of the Iowa City Police Department to process temporary detainees in a safe and efficient manner. Facilities used for processing shall be maintained with this goal in mind. .,~. p OPS 21.2 III. DEFINITIONS Detainee: A person in the custody of agency personnel and whose freedom of movement is at the will of agency personnel. Temporary Detention: Detention of a person for the purpose of processing or testing. Temporary detention is measured in minutes or hours and does not involve housing or feeding detainees. Processing: Pre-booking activities involving a detainee in custody (i.e. fingerprints, breath tests) Authorization Temporary detention of persons in custody may be required while officers conduct OWI tests or fingerprint juveniles. Detainees under these conditions should be carefully monitored since they will be in close proximity to officers. The following rooms. are authorized as temporary detention/processing areas: 1. Interview Room 1 2. Interview Room 2 3. Room 114 Trainin Only sworn personnel will be used to monitor those persons held in temporary detention. Personnel who monitor detainees must receive training on procedures to be followed in handling such detainees at the time of their hiring and at least every three years thereafter. Basic academy training will not be considered sufficient for this purpose. An exception to this is dispatch personnel that have the ability to monitor these areas through the use of closed circuit video. The ability for dispatch to monitor detainees shall not be a substitute for the presence of sworn personnel in the detention/processing area. Training for this purpose will include methods for summoning assistance, restraint equipment available in the temporary detention areas, and methods for dealing with uncooperative detainees. These methods should include options for immediate transfer to jail or the delay of testing or processing until a later time. .,.r _ , _.. ,:;_~ :J Y ..... ,,.1 „,.. ~~ '~ ~ s;;~ ~.:.~ 'p> ~~A..~, I Y OPS 21.4 Communications Center of the time the detainee is secured in the station and the time the detainee is released in station. The Emergency Communications Center shall then enter the appropriate unit status codes to the call for service. Securi A. Weapons Control Firearms are not permitted into any space actively being used as a temporary detention area. Prior to removing handcuffs from the detainee, firearms will be secured in the lockboxes maintained for that purpose in the detention/processing areas. B. Emergency Alarms All officers working in the processing area shall be equipped with a portable radio. That radio shall be operational and shall always be within reach of the officer in the processing area. An emergency request for assistance may be made by voice transmission or by -means of activation of the emergency button on the radio. The exception to this is that radios shall not be turned on when in proximity of DataMaster testing. In lieu of radios, fixed alarm buttons which alert the dispatch center are present in the detention rooms and shall be used if assistance is needed. C. Access to Area When an area is being used for temporary detention, only those personnel with reason to be there may enter or remain in that area after securing their firearm in a lock box. If the hallway off the Gilbert Street entrance is actively being used for sobriety tests, officers without prisoners or cause to be in the area and other employees shall enter by an alternate route. Other officers with prisoners may enter but only when the hallway itself is not being used for sobriety tests. The Emergency Communications Center will advise arriving officers if the hallway is actively being used for sobriety tests. D. Escape Prevention In order to limit the risk of escape the following precautions should be followed: - Handcuffs should remain applied when feasible - The detainee should be seated away from doors and windows :M - Sufficient personnel should be present to physically prevent escape .: Ir.f E. Visual Observation '' '~' Detainees will be under constant visual observation. W -~ _,. ~. ~.~ i~ W ,.,:, i 3 ~~ i -~, _.:~. OPS 21.5 F. Monitoring Remote audio and/or video monitoring of detainees shall not substitute for the physical monitoring of detainees by sworn personnel. G. Detainee Transport Parking on Gilbert Street should be avoided to enable officers with detainees easy access to the Police Department. Physical Conditions Areas used as a temporary detention area must meet basic standards. They must be lighted, heated and/or cooled as required. There should be no hazards to officers or detainees. Water, restrooms, and other needs will be met as required. In cases where this requires the detainee to be removed from the temporary detention area, the detainee will be escorted at all times by at least one officer. Inspections Areas that may be used as temporary detention areas will be inspected on a weekly basis by the Captain of Administrative Services or designee. This inspection will be for cleanliness and to determine if any unsafe conditions are developing. At least once every three years the Chief of Police or designee will review the components of this section and the detention areas to determine._.if theyK, continue to best suit the requirements of the department. ~~~ . - ~': ~w,.t .y.,.i ~ ..... ~..k~ Sa uel Hargadin hief of Police 4{: ~ ` ~,~, L~ 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. w~:~ ,,_.._~. 3~~~ I~ October 13, 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: 09/03/09 ------------------------------------------------------------------------------------ PCRB Mtg #1 (Review & Assign) 09/08/09 PCRB Mtg #2 (Review Draft Report) 10/13/09 PCRB Report due (45days): 10/19/09 PCRB Complaint #09-04 Filed: 06/25/09 Chief's Report due (90days): 09/23/09 Chief's Report filed: 09/18/09 ----------------------------------------------------------------------------------- PCRB Mtg #1 (Review & Assign) 10/13/09 PCRB Mtg #2 (Review Draft Report) ??/??/09 PCRB Report due (45days): 11/02/09 ------------------------------------------------------------------------------------ PCRB Complaint #09-05 Filed: 06/30/09 Chief's Report due (90days): 09/29/09 Chief's Report filed: 09/23/09 ------------------------------------------------------------------------------------ PCRB Mtg #1 (Review & Assign) 10/13/09 PCRB Mtg #2 (Review Draft Report) ??/??/09 PCRB Report due (45days): 11/09/09 PCRB MEETING SCHEDULE November 10, 2009 December 8, 2009 January 12, 2010 February 9, 2010 POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS September 2009 Date Description None Updated 10/08/09 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 936 Ryan Court Iowa City, IA 52246 (H) 338-4042 (O) 337-4195 Donald King, Vice Chair 2374 Kristian St Iowa City, IA 52240 (C)631-5724 gohawkeyes54@yahoo.com Joseph Treloar 2501 Holiday Rd Coralville, IA 52241 (O) 625-2153 Abigail Yoder 1528 McKinley PI Iowa City, IA 52246 (C) 936-7794 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 POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5041 September 9, 2009 Sam Hargadine, Chief of Police Iowa City Police Department 410 East Washington Street Iowa City, IA 52240 RE: Service Animal Training At their meeting on Tuesday, September 8, 2009, the Board requested any information you have available regarding Service Animal training for Iowa City police officers. The Board would like to discuss this topic at their next meeting. Please provide the requested information for the Board by October 1, 2009. Thank you for your cooperation. Sincerely, ,~r- o~2.ci..L'..~--~'./lJ Donald King PCRB Vice-Chair 410 E. WASHINGTON IOWA CITY, IA 52240-1826 PH:319-356-5275 FAX: 319-356-5449 September 11, 2009 Mr. Donald King Police Citizens Review Board 410 East Washington Street Iowa City, IA 52240-1826 Dear Mr. King, Regarding your letter dated September 9, 2009 on Service Animal training for Iowa City police officers we have had the following training: MATS 2006 -Dealing with Mentally Impaired MATS 2006 -Mental Health Diversion MATS 2007 -Dealing with Alzheimer's Patients MATS 2008 -Dealing with Emotionally Disturbed MATS 2008 - ALANON MATS 2009 -Dealing with Epilepsy MATS 2009 -Responding to Victims with Special Needs While no specific "Service Animal" training has occurred the topic has been covered in our MATS training. Sincerely, /~~ w "_ S muel E. Har ine ~ ~ -- Chief of Police ` ' f~i m _k:. L,J Vt POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5041 September 14, 2009 Sam Hargadine, Chief of Police Iowa City Police Department 410 East Washington Street Iowa City, IA 52240 RE: Community Forum As you know the PCRB is required to 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. The topic the Board would like to discuss as the main focus of the forum this year is the Use of Force policy. Similar to last year, the Board would like to request that a member of the Police Department do a presentation to help educate the public on the policy before public discussion. The dates that the Board is looking at are October 27th and November 18tH I will follow-up by phone with you this week to discuss any questions or concerns you may have. Thank you for your cooperation. Sincerely, i~ ; ;~DrL.~z-C..~~ ~i/~ Donald King o PCRB Vice-Chair cc: PCRB ~~~~~ oc~f ~ 1~~3 n~-~~ WORKSHEET 09.15.09 13:53:09 ~ Page: 1 Iowa City Budget Preparation Budget Group: 411400 Police Citzn Rev Brd FY 2011 BUDGET PROPOSAL FORM 1 EXPENSE WORKSHEET 2011 2011 2008 2009 2010 Finance Dept Budget Account ---------------------------------- Actual ---------- -- Actual -------- -- Budget Proj -------- ---------- -- Request ------------ Description/Justification --- -------------------------- *** 1000-411400 General - Police Citizen Review B 431070 Attorney Services 2,174 FY2010 moved to 432100 432100 Attorney Services 3,427 2,076 2,076 436050 Registration 25 Complete Train/Ed Form 445140 Outside Printing 13 59 14 14 14 446200 Photocopying Chgbk 361 485 361 361 361 446320 Mail Chgbk 166 230 178 178 178 449350 Meals (non-travel) 17 Total 411400 PCRB ---------- 2,739 ---------- 4,218 ----------- ---------- 2,629 553 ---------- 2,629 Updated 10/12/09 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 936 Ryan Court Iowa City, IA 52246 (H) 338-4042 (O) 337-4195 Donald King, Vice Chair 2374 Kristian St Iowa City, IA 52240 (C)631-5724 gohawkeyes54@yahoo.com Joseph Treloar 2501 Holiday Rd Coralville, IA 52241 (O) 625-2153 Abigail Yoder 1528 McKinley PI Iowa City, IA 52246 (C) 936-7794 Vershawn Young 263 West Side Dr Iowa City, IA 52246 (C) 312-206-0207 (O) 335-0186 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/November ?, 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 2na General News Release - • Route Notice to City Departments • Post Notice in City Buildings -City Hall, Senior Ctr, Rec Ctr, Li~irary 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/NOVEMBER ?, 2009, TBA EMMA J. HARVAT HALL 410 E Washington St ITEM NO. 1 CALL TO ORDER & ROLL CALL ITEM NO. 2 PRESENTATION BY PCRB MEMBER - INTRODUCTION & HISTORY OF PCRB ITEM NO. 3 PRESENTATION BY iCPD -USE OF FORCE POLICY ITEM NO. 4 PUBLIC DISCUSSION WITH POLICE CITIZENS REVIEW BOARD ITEM NO. 5 CONSIDER MOTION TO ACCEPT CORRESPONDENCE AND/OR DOCUMENTS ITEM NO. 6 ADJOURNMENT General News Release: The Police Citizens Review Board will be holding a Community Forum on Tuesday, October/November ?, 2009 at TBA in Emma J. Harvat Hall. Topics will include: Introduction / History of the PCRB, Use of Force Policy & Public Discussion. The agenda is available at: htt~•//www is og v org/default/a~ps~boards/boardList.asp POLICE CITIZENS REVIEW BOARD COMMUNITY FORUM October/November ?, 2009 PLEASE SIGN IN IF YOU WOULD LIKE TO ADDRESS THE PCRB DURING PUBLIC DISCUSSION INDIVIDUALS WILL BE CALLED IN THAT ORDER POLICE CITIZENS REVIEW BOARD COMMUNITY FORUM OctoberNovember ?, 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/November ?, 2009 PLEASE PRINT YOUR NAME AND ADDRESS ON THE ATTACHED SHEET IF YOU HAVE NOT ALREADY. SIGNED IN NAME: ADDRESS: