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03-09-2010 Police Citizens Review Board
AGENDA POLICE CITIZENS REVIEW BOARD March 9, 2010 - 5:30 P.M. LOBBY CONFERENCE ROOM 410 E. Washington Street ITEM NO. 1 CALL TO ORDER and ROLL CALL ITEM NO. 2 INTRODUCTION OF NEW MEMBER ITEM NO. 3 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED • Minutes of the meeting on 01/19/10 • Minutes of the meeting on 02/17/10 • ICPD General Order 99-02 (Alarm -Open Door Response) • ICPD General Order 00-01 (Search and Seizure) • ICPD General Order 01-01 (Racial Profiling) • ICPD Use of Force Report (November 2009) • ICPD Use of Force Report (December 2009) • ICPD Department Memo 10-02 (Nov-Dec 2009 Use of Force Review) • ICPD P.A.U.L.A. Report -January 2010 • ICPD P.A.U.L.A. Report -February 2010 ITEM NO. 4 NEW BUSINESS • Discussion of Conflict of Interest ITEM NO. 5 OLD BUSINESS • Community Forum • Comprehensive Review of PCRB Ordinance, By-Laws, SOP's ITEM NO. 6 PUBLIC DISCUSSION ITEM NO. 7 BOARD INFORMATION ITEM NO. 8 STAFF INFORMATION ITEM NO. 9 MEETING SCHEDULE and FUTURE AGENDAS • April 13, 2010, 5:30 PM, Lobby Conference Rm • May 11, 2010, 5:30 PM, Lobby Conference Rm • June 8, 2010, 5:30 PM, Lobby Conference Rm • July 13, 2010, 5:30 PM, Lobby Conference Rm ITEM NO. 10 ADJOURNMENT MEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City DATE: March 3, 2010 TO: PCRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on March 9, 2010 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 03/09/10 • Minutes of the meeting on 02/17/10 • ICPD General Order 99-02 (Alarm -Open Door Response) • ICPD General Order 00-01 (Search and Seizure) • ICPD General Order 01-01 (Racial Profiling) • ICPD Use of Force Report (November 2009) • ICPD Use of Force Report (December 2009) • ICPD Department Memo 10-02 (Nov-Dec 2009 Use of Force Review) • ICPD P.A.U.L.A. Report -January 2010 • ICPD P.A.U.L.A. Report -February 2010 • Complaint Deadlines • PCRB Office Contacts -February 2010 • Updated Board Member Contacts • Articles submitted by Janie Braverman (The following materials were included in the February 9t" meeting packet -please bring to the meeting for discussion) • Agenda for 02/09/10 • Minutes of the meeting on 01/19/10 • Draft #2 of Forum Summary • Complaint Deadlines • PCRB Office Contacts -January 2010 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 -February 17, 2010 CALL TO ORDER: Chair Donald King called the meeting to order at 12:02 P.M. MEMBERS PRESENT: Janie Braverman, Joseph Treloar, Vershawn Young MEMBERS ABSENT: None STAFF PRESENT: Staff Catherine Pugh and Kellie Tuttle OTHERS PRESENT: None RECOMMENDATIONS TO COUNCIL (1) Accept PCRB Report on Complaint #09-05 EXECUTIVE SESSION Motion by Braverman and seconded by Treloar 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. Open session adjourned at 12:03 P.M. REGULAR SESSION Returned to open session at 12:14 P.M. Motion by Braverman, seconded by Treloar to forward the Public Report as amended for PCRB Complaint #09-05 to City Council. Motion carried, 4/0. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • March 9, 2010, 5:30 P.M., Lobby Conference Rm • April 13, 2010, 5:30 P.M., Lobby Conference Rm • May 11, 2010, 5:30 P.M., Lobby Conference Rm • June 8, 2010, 5:30 P.M., Lobby Conference Rm ADJOURNMENT Motion for adjournment by Braverman and seconded by Young. Motion carried, 4/0. Meeting adjourned at 12:19 P.M. ~~OyC zz~~~ o o ~ a ~ ~ ~ ~ ~ ~ ~ ~ = ~ c ara c ~ ~ a ~ ; o v ~~ o ~ o ~~ a~. s~, ~ ~~ ~ o ~ ' v C~7 ~ o oa ~ ~ ~ ~ ~ ~ k b~ N W W N O yc ~t >t 3 3 3 3 N J i i i H ~ ~~..y \/ z ~' ~ ~ d o r~ ~~ o FBI ^~ l 1 FBI ~I z c 0 POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319) 356-5041 February 17, 2010 0 ~ ~"' ~ *i l r ~ To: City Counci -y-~C Citizen Ci M -_{ c"; =gym °O anager ty Dale Helling, Acting Sam Hargadine, Chief of Police ~? ~~-, ~ Officer(s) involved in complaint rv cn From: Police Citizen's Review Board Re: Investigation of PCRB Complaint #09-OS This is the Report of the Police Citizens Review Board's (the "Board") review of the investigation of Complaint PCRB #09-OS (the "Complaint"). BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, Section 8-8-7B (2), the Board's job is to review the Police Chief s Report ("Report") of his investigation of a complaint. The City Code requires the Board to apply a "reasonable basis" standard of review to the Report and to "give deference" to the Report "because of the Police Chief s professional expertise", Section 8-8-7 B (2). While the City Code directs the Board to make "Findings of Fact", it also requires that the Board recommend that ~~ the Police Chief reverse or modify his findings only if these findings are unsupported by substantial evidence", are "unreasonable, arbitrary or capricious" or are "contrary to a Police Department policy or practice, or any Federal, State or local law", Section 8-8-7 B (2) a, b, c. BOARD'S PROCEDURE The Complaint was initiated by the Citizen on June 30, 2009. As required by Section 8-8-5 (B) of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chief s Report was completed on September 23, 2009 and was filed with the City Clerk on September 23, 2009. The Board met to consider the Chiefs Report on October 13, November 3, December 11, 2009, January 19, and February 17, 2010. At the October 13, 2009 meeting the Board voted to review the Chief s Report in accordance with Section 8-8-7 (B) (1) (d), "Request additional investigation by the Police Chief or City Manager, or request police assistance in the Board's own investigation " Page 1 FINDINGS OF FACT On June 29, 2009, at about 11:51 p.m. Officers A and B responded to areport of an ex-boyfriend at the residence who was yelling and threatening the Complainant. The Complainant requested that officers come to the residence and remove the subject. Upon arrival, Officers A and B met with the Complainant and the ex-boy friend, the Citizen. After investigating the incident, the officers determined that the Citizen had assaulted the Complainant, prevented her from summoning police and operated her vehicle without consent. They subsequently arrested the Citizen for Simple Domestic Assault, Obstructing Emergency Communications and Operating a Vehicle without Owner's Consent. The Citizen was taken into custody. The Citizen was upset and immediately complained about the handcuffs, stating that they were on too tight and were hurting him. In response to his complaint, the officers checked the handcuffs on the Citizen. They asked the Citizen to "hold still for a minute" and determined that the handcuffs were on correctly. The Citizen requested to see a doctor and was taken to UIHC Emergency Treatment Center for evaluation and treatmet'~The Citizen was given Ibuprofen for inflammation and soft tissue bruising and for th~ain. ~ r~ ~~ m n -~ - ALLEGATIONS ~~~-. w Allegation # 1: Officer A did not take responsibility for the "safety and protectior~the~itiz while he was under arrest and in his custody; did not treat him humanely; and subjected ~n to unnecessary restraint b~pplyin~ handcuffs too tightly to his wrists. (Violation of Iowa`~ity Police Rules /Regulations, Section 345.8 -Arrests, and Section 345.09 -Custody of Prisoners) Both Officers A and B stated they were able to put a finger in-between the handcuffs and the Citizens' wrists at the scene. In car audio showed that Officer A made this same statement to the Citizen when he was complaining about how tight the handcuffs were. Officer A checked the handcuffs again when they arrived at the jail and was able to put a finger between the Citizens' wrists and the handcuffs. This is an accepted law enforcement practice to ensure handcuffs are not on too tight. There was no evidence that either Officer A or Officer B failed to take responsibility for the "safety and protection" of the Citizen, failed to treat the Citizen humanely, or subjected him to unnecessary restraint by applying the handcuffs too tightly to his wrists, thus violating of Iowa City Police Rules / Regulations, Section 345.8 -Arrests, and Section 345.09 -Custody of Prisoners. (NOT SUSTAINED) Allegation #2: Officer A did not take responsibility for the "safety and protection" of the Citizen while he was under arrest and in his custody; did not treat him humanely; and subjected him to unnecessary restraint by failing to loosen handcuffs around his wrists in a timely manner after being advised the~were too tight. (Violation of Iowa City Police Rules /Regulations, Section 345.8 - Arrests, and Section 345.09 -Custody of Prisoners) Page 2 The Citizen was placed in handcuffs at approximately 12:16 a.m. and began to complain about the handcuffs being placed on too tight. The Citizen made a very distressed moaning type of sound indicating that he was upset prior to complaining about the handcuffs. Officers A and B both checked the handcuffs for proper fit as soon as the Citizen began to complain about them. The Citizen was taken to the Johnson County jail where he again began to complain about the handcuffs being on too tight. Officer A checked the handcuffs on the Citizen again when they arrived at the jail and, even though the handcuffs had been properly applied, loosened them for the Citizen. The Citizen requested to be seen by a doctor and was taken to UIHC at about 12:49 a.m. The Citizen was handcuffed for approximately 33 minutes total. The Citizens' handcuffs were checked twice and he was taken to UIHC to receive medical attention, as per his request. There is no evidence that shows that either officer violated Iowa City Police Rules /Regulations, Section 345.8 -Arrests, and Section 345.09 -Custody of Prisoners (NOT SUSTAINED) Allegation #3: Officer A did not take responsibility for the "safety and protection" of the Citizen while he was under arrest and in his custody; did not treat him humanely; and subjected him to unnecessary restraint by causing inflammation (soft tissue brusing) and pain in his "carpal area". (Violation of Iowa City Police Rules /Regulations, Section 345.8 -Arrests, and Section 345.09 - Custody of Prisoners) The Citizen requested to be seen by a doctor and was taken to UIHC at about 12:49 a.m. The Citizen was handcuffed for approximately 33 minutes total. The Citizen was handcuffed in compliance with accepted law enforcement practices to ensure handcuffs are not on too tight. Handcuffs, by their nature, are not comfortable. The Citizens' handcuffs were checked twice and he was taken to UIHC to receive medical attention, as per his request. Even though the Citizen was given Ibuprofen for "inflammation (soft tissue brusin~)_and. pain in his "carpal area", There is no evidence to suggest that the officers violated Iowa City Police Rules /Regulations, Section 345.8 -Arrests, and Section 345.09 - Custody of Prisoners. (NOT SUSTAINED) COMMENT The Iowa City Police Citizen's Review Board did examine records and listened to the recording from the police car as part of their investigation into this complaint. a ~ ~~ A..s ° r~ w c-~ -~ -=~ :-~ ~' x¢ ~' Page 3 rv ~, DEPARTMENT MEMO #10-02 10J0 FEB -5 A~ 7:59 !0 ~'q~CiT ~~R~~r 0 ~~,~ TO: Chief Hargadine FROM: Captain R. D. Wyss RE: November-December 2009 Use of Force Review DATE: 3 February 2010 The "Use of Force Review Committee" met on January 29`h, 2010. It was composed of Captain Wyss, Sgt. Hurd and Sgt. D. Brotherton. For the review of submitted reports in November, 13 Officers were involved in 9 separate incidents requiring use of force involving 9 individuals. In December, 30 Officers were involved in 13 separate incidents requiring use of force involving 18 individuals. No training or safety issues were identified. All issues or concerns were identified and addressed at previous levels of review. One of the incidents reviewed involved a pursuit initiated by an outside law enforcement agency. The committee recommended a review of our Pursuit Policy (GO 99-01, OPS-02) prior to the annual re-evaluation date of September 2010, and to include an evaluation of adjoining agencies pursuit policies as part of that review. Of the 22 incidents over the two month period, 18 Officers had drawn sidearm or displayed weapons and one of those was for the destruction of an animal. (There were five incidents that required response from multiple officers). OC was deployed on one occasion, and in one incident a Taser was discharged. On two separate occasions, a Taser was displayed which resulted in compliance without deployment. There were two vehicular pursuits involving six Officers during this time period. Of the 33 incidents reviewed, 2 suspects sustained a superficial injury in separate incidents, and 1 incident resulted in an Officer sustaining a serious injury. One incident was referred back to a supervisor to clarify circumstances in which individual officers need to submit reports. If an incident occurs where multiple Officers are forced to display a weapon, (felony car stop, or warrant service) and no other use of force is required, one report is sufficient provided all officers display of weapons are documented. If during that incident an individual Officer is required to use additional force, a separate report needs to be submitted to document that incident. All personnel continue doing a good job in their documentation and review of the reports. Please contact me if you have any questions. Copy: City Manager, PCRB, Watch Commanders, Review Committee Iowa City Police Department P.A.U.L.A. Report -January 2010 (Possession of Alcohol Under Legal Age) Business Name (occupancy] Monthly Totals Year-to-Da te Totals PAULA Visit (occupancy loads updated Oct'08) visits arrests visits arrests ear-to-date 808 Restaurant & Nightclub [176] 7 10 7 10 1.429 Airliner [223] 3 3 3 3 1.000 American Le ion 140] 1 0 1 0 0.000 Aoeshe Restaurant [156] Atlas World Grill [165] Blackstone [297] Bluebird Diner [82] Blue Moose [436] 3 3 3 3 1.000 Bob's Your Uncle 260 Bo-James [200J 2 0 2 0 0.000 Bread Garden Market & Bakery [?] It's] Brothers Bar 8 Grill [556] 7 2 7 2 0.286 [The] Brown Bottle [289] Buffalo Wild Wings Grill 8 Bar [189J Caliente Ni ht Club 498 4 0 4 0 0.000 Carl & Ernie's Pub 8~ Grill [92] Carlos O'Kelly's [299] Chefs Table 162] Chipotle Mexican Grill [119] [The] Club Car [56j Colonial Lanes 502 Dave's Foxhead Tavern [87] David's Place (aka Dawit's) [73] DC's [120] 3 1 3 1 0.333 [The] Deadwood (218] 1 0 1 0 0.000 Devotay [45] Donnell 's Pub 49 1 0 1 0 0.000 [The] Dublin Underground [57] 1 0 1 0 0.000 [Fraternal Order of] Eagle's [315J EI Banditos 25 EI Dorado Mexican Restaurant [104] (BPO] Elks #590 [205] EI Ranchero Mexican Restaurant 161 Englert Theatre (838] Etc [178] 1 0 1 0 0.000 [The] Field House (aka Third Base) [420] 8 25 8 25 3.125 Firewater [114] Formosa Asian Cuisine [149J 2 0 2 0 0.000 Geor e's Buffet 75 Givanni's [158] Godfather's Pizza [170] Graze [49] Grizzly's South Side Pub [265] 2 0 2 0 0.000 Guido's Deli [20] Hawkeye Hideawa [94 [The] Hilltop Lounge [90] IC Ugly's [72] India Cafe [100] Jimmy Jack's Rib Shack [71] e'" 0 JobSlte [120] (formally known as Kandyland) ~ p Joe's Place [281 2 0 2 0 .00 Joseph's Steak House [226] ~'..~ E3,7 Kamodo Klub [144] C'?-{ t ""'~' Karaoke La Reyna [78] ---1~'} GT1 t"° ~~ ~ ~, La Reyna [49] Linn Street Cafe [80] Los Portales [161 Martini's [200J Masala [46J Mekong Restaurant [89] Micky's [98] [The] Mill Restaurant [325J Lo al Order o Moose [476 [Sheraton] Morgan's [231] Motley Cow Cafe [82] Okoboji Grill 222] Old Capitol Brew Works [294] One-Eyed Jake's [299] 1 0 1 0 0.000 One-Twen -Six 105 Orchard Green Restaurant [200] Oyama Sushi Japanese Restaurant [87] Pa liars Pizza [113 Panchero's (Clinton St) [62J Panchero's Grill (Riverside Dr) [95] Piano Loun a 65 [The] Picador [261J 1 0 1 0 0.000 Pints [180j 5 1 5 1 0.200 Pit Smokehouse 40 Pizza Hut [116] Pizza Ranch [226] Quali Inn/Hi hlander 971j Quinton's Bar i~ Deli [149j [The] Red Avocado [47J Rick's Grille 8~ Spirits [120] Riverside Theatre [118J Saloon [120] Sam's Pizza (174] 1 0 1 0 0.000 [The] Sanctuary Restaurant [132] Shakespeare's [90] 1 0 1 0 0.000 Short's Bur er 8~ Shine [56] 1 0 1 0 0.000 Sports Column [400] 8 11 8 11 1.375 Studio 13 [206J 1 0 1 0 0.000 [TheJ Summit [736J 8 30 8 30 3.750 Sushi Popo [84] Takanami Restaurant [148] TCB 250J 4 0 4 0 0.000 Thai Flavors [60] Thai Spice (91] Times Club @ Prairie Lights 60 T. Spoons [102J Union Bar [854] 11 9 11 9 0.818 VFW Post #3949 [197j [TheJ Vine Tavem [170] 1 0 1 0 0.000 Vito's [320] 3 0 3 0 0.000 Wi & Pen Pizza Pub [154] [Iowa City] Yacht Club [206] Zio Johno's Spaghetti House [94] Z'Mariks Noodle House 47 Totals: 94 95 94 95 1.017 Other PAULA atnon-business locations: 8 8 PAULA Totals: 103 103 *includes outdoor seating area current month yearto-date h~ V h~~ ~Q `~~~ fJ cr,~`' Iowa City Police Department P.A. U. L.A. Report -February 2010 (Possession of Alcohol Under Legal Age) Business Name (occupancy] Monthly Totals Year-to-Date Totals PAULA Visit (occupancy loads updated Oct 'os) visits arrests visits arrests ear-to-date 808 Restaurant & Nightclub [176] 6 12 13 22 1.692 Airliner [223] 1 0 4 3 0.750 American Le ion [140] 3 0 4 0 0.000 Aoeshe Restaurant [156] Atlas World Grill [165] Blackstone 297] Bluebird Diner [82] Blue Moose [436] 2 4 5 7 1.400 Bob's Your Uncle 260* Bo-James [200] 1 0 3 0 0.000 Bread Garden Market & Bakery (?] [It's] Brothers Bar & Grill [556] 2 1 9 3 0.333 [The] Brown Bottle [289] Buffalo Wild Wings Grill & Bar [189] Caliente Ni ht Club (498 1 0 5 0 0.000 Carl & Ernie's Pub & Grill [92] Carlos O'Kelly's [299] Chefs Table [162] Chipotle Mexican Grill [119] [The] Club Car [56] 1 0 1 0 0.000 Colonial Lanes 502 Dave's Foxhead Tavern [87] David's Place (aka Dawit's) [73] DC's [120] 0 0 3 1 0.333 [TheJ Deadwood [218] 0 0 1 0 0.000 Devotay [45] Donnell 's Pub 49 0 0 1 0 0.000 [The] Dublin Underground [57] 0 0 1 0 0.000 [Fraternal Order of] Eagle's [315] EI Banditos (25] EI Dorado Mexican Restaurant (104] [BPO] Elks #590 [205] EI Ranchero Mexican Restaurant 161 Englert Theatre [838] Etc [178] 0 0 1 0 0.000 [The] Field House (aka Third Base) [420] 4 20 12 45 3.750 Firewater [114] Formosa Asian Cuisine [149] 0 0 2 0 0.000 Geor e's Buffet [75] Givanni's (158] Godfather's Pizza [170] Graze [49] Grizzly's South Side Pub [265] 1 0 3 0 0.000 Guido's Deli [20] Hawke a Hideawa 94] [The) Hilltop Lounge [90] IC Ugly's [72] 1 0 1 0 0.000 India Cafe [100] Jimmy Jack's Rib Shack [71] Jobsite [120] (formally known as Kandyland) 2 0 2 0 0.000 Joe's Place [281] 0 0 2 0 0.00 Joseph's Steak House (226] c Kamodo Klub [144] ~~ A Karaoke La Reyna [78] $>~ ~, -6C~ w r._. ~~ _ 0 ~ ~ "~~ N .~' La Reyna [49] Linn Street Cafe [80] Los Portales 161] Martini's [200] 1 0 1 0 0.000 Masala [46] Mekon Restaurant [89] Micky's [98] [The] Mill Restaurant [325] Lo al Order o Moose 476 [Sheraton] Morgan's [231] Motley Cow Cafe [82] Okobo'i Grill [222] Old Capitol Brew Works [294] One-Eyed Jake's [299] 3 10 4 10 2.500 One-Twent -Six 105 Orchard Green Restaurant [200] Oyama Sushi Japanese Restaurant [87] Pa liars Pizza [113] Panchero's (Clinton St) [62] Panchero's Grill (Riverside Dr) [95] Piano Loun a [65 [The] Picador [261] 0 0 1 0 0.000 Pints [180] 1 0 6 1 0.167 Pit Smokehouse [40] Pizza Hut [116] Pizza Ranch [226] Qualit Inn/Hi hlander [971] Quinton's Bar & Deli [149] 1 0 1 0 0.000 [The] Red Avocado [47] Rick's Grille & Spirits [120] Riverside Theatre [118] Saloon [120] Sam's Pizza [174] 0 0 1 0 0.000 [The] Sanctuary Restaurant [132] Shakespeare's [90] 1 0 2 0 0.000 Short's Burger & Shine [56] 0 0 1 0 0.000 Sidelines [200] 1 0 1 0 0.000 Sports Column [400] 3 11 11 22 2.000 Studio 13 [206] 0 0 1 0 0.000 [The] Summit [736] 4 11 12 41 3.417 Sushi Popo [84] Takanami Restaurant [148] TCB [250] 2 0 6 0 0.000 Thai Flavors [60] Thai Spice [91] Times Club @ Prairie Li hts [60] T. Spoons [102J Union Bar [854] 1 1 12 10 0.833 VFW Post #3949 [197] [The] Vine Tavern [170] 0 0 1 0 0.000 Vito's [320] 1 0 4 0 0.000 Wi & Pen Pizza Pub 154 [Iowa City] Yacht Club [206] Zio Johno's Spaghetti House [94] Z'Mariks Noodle House 47 Totals: 44 70 138 165 1.10 Other PAULA at non-business locations: 7 15 c PAULA Totals: 77 180 O ~ ~ °°q~q 'includes outdoor seating area current month year-to-tlate .y ; -~ ~ ^ ~..e;, W -~" ~°:% :_<~" -o ~ r~~ -,. °~} y .. -: r -- ,C" OPS-08.1 ALARM - OPEN DOOR RESPONSE Date of Issue General Order Number Februa 9, 1999 99-02 Effective Date Section Code Februa 5, 2010 OPS-08 Reevaluation Date Amends /Cancels Februa 2011 De artment Memo 96-56 C.A.L.E.A. Reference 1.2.4, 1.3.6, 81.2.13 See Index f ~o o , c~~ ` ~~ INDEX AS: o Use of Force c~ ~~ o m W ~ Supervisory Responsibility ~~ ~ "' ~-=. Building Search '~~? '~ ~ Alarm /Open Door Response ~ ~ Canine Procedure °~ - ~ =~' w I. PURPOSE `"' The purpose of this policy is to define the responsibilities and duties of officers when. they respond to burglar alarms, bank alarms or "open door" calls. II. POLICY It is the policy of the Iowa City Police Department to respond to burglar alarms, bank alarms and open door calls in a safe and efficient manner. When responding to these types of calls, they shall be handled in manner which provides maximum safety for the officer and the public. The decision to search a building in these circumstances will be made only after attempting to contact a representative of the building, or when a representative is unavailable, after considering all of the circumstances surrounding the incident. Warrantless searches shall be conducted only if circumstances justifying a warrantless search are present. OPS-08.2 III. DEFINITIONS n IV. PROCEDURES ~-~ ~ .- ~-~ ~ ~ A. BURGLAR ALARMS ~~ ~ ~ ~ -- ~ ~ When a member of this department responds to a bur ~. alarm tt~'° uld res and in a safe and reasonable m ner. ~-yWhen officer sho p ~. approaching the location of the alarm the officer should consider the deactivation of emergency lights and siren if applicable. The officer should be observant for vehicles and/or persons leaving the immediate area. Upon arrival at the scene the officer should not park directly in front of the location from which the alarm is coming, instead they should park down the street from the alarm. The officer should approach the address from as concealed a position as possible. Upon reaching the exterior of the building, the officer should: 1. Check the exterior of the building for possible signs of a break-in. The officer should also check for open doors and monitor the interior of the building for suspicious activity. 2. If there are no obvious signs of forcible entry, the officer should notify communications. The alarm company is responsible for contacting a business representative. Upon receiving notification from the alarm company of the key holder response, the ECO should advise the officer if a representative is going to respond. If the representative requests that an officer accompany them into the building, the officer may do so. When a representative requests an officer to accompany them to inspect a building, a CAD entry shall be made listing the name of the representative as well as their relationship with the property in question. This will not constitute a search. 3. If there are signs of forced entry or attempted entry, officers should secure the perimeter of the building. When available, back-up officer(s) should check the immediate area for possible suspects or other buildings which may have been entered. Communications will contact a representative of the building at the officer's request. The representative shall be requested to come to the location before an officer enters the building. The contact will allow officers the opportunity to determine if anyone would be expected to be in the building. A supervisor should respond to the scene before entry is made. 4. If a building representative can not be contacted, a supervisor will make the determination whether: 1) officers will enter the building to conduct a search; 2) the building will not be entered and "extra OPS-08.3 patrol" initiated for the building; and/or, 3) a search warrant will be requested. Exfra patrol requests will be forwarded to subsequent watches as applicable. Regardless of the decision to enter or secure the building, the supervisor of the day watch or designee will attempt to contact a building representative the next business day. The building representative will be informed of the date, time and pertinent details of the incident and be asked for updated business contact information. 5. In instances where the building representative declines to come to the scene, a watch supervisor may authorize a search of the building if the building representative requests and consents to a search. N 6. In instances where there is forced or attempted~ntry,~he lead officer shall complete an incident report and requir~~,up~eme+~~l reports. ~-=-~ ao c~ -~ ~ ~-" B. OPEN DOORS AND WINDOWS ~~ ~ ~ ~ ~ When an officer comes upon or is made aware of an n door, ~fT°e following guidelines should be adhered to: ~ ~ 1. The officer(s) will secure the perimeter. At the officer's request, communications will contact a building representative to come to the location before any officer enters the building. 2. If the building representative cannot be contacted or does not desire to come to the location, the officer(s) will secure the building to the extent possible and initiate an "extra patrol" request for the duration of the watch and subsequent watches as applicable. The day watch commander will contact the building representative the next business day. The business representative will be advised of the date and time of the incident and be asked for updated business contact information. C. SEARCH PROCEDURES 1. If a property representative is not available and there is a reasonable basis on which to conclude that an emergency threat to persons and/or property exists, a supervisor may authorize warrantless entry and search by officers. In the absence of such circumstances, any search must be pursuant to warrant. 2. In instances where the building representative declines to come to the scene, the watch supervisor may authorize a search of the building if the building representative requests and consents to a search. This does not require that the building be searched. OPS-08.4 3. When a determination to search is made, with or without the contacting of a property representative, asupervisor should be present at the scene. 4. If a determination is made to search the property, officers should consider requesting an available canine team in assisting with the search. All use of canine teams shall comply with canine policies and procedures. 5. If it is determined that a search will be conducted., officers shall verbally identify themselves as members of the Iowa City Police Department prior to entry. If exigent circumstances exist, this notification may be waived by the supervisor on the scene. When assisting an outside agency, members of this department will be guided by this policy. Prior to the search of the building, a watch supervisor should be present. The watch supervisor should confirm that the person requesting the search has authority to authorize the search. When the building to be searched is a public building under the control of the City of Iowa City, an attempt to contact the appropriate department head should be made prior to authorizing the search of the building. When a determination is made that an officer will search a building, the officer will make the determination as to whether he/she will draw his/her weapon. If the officer decides to draw his/her weapon, a use of force report will be required only if an individual other than other police officers are encountered. In instances where multiple officers are involved in the search of a building and an individual is encountered, the on-scene supervisor may authorize one Use of Form report for all units present. IN ALL INSTANCES, ALL OFFICERS SHAD BE 6~JIDED BY THE DEPARTMENTAL USE OF FORCE POLICY. :~~ -'" v.rt., ~ ~ D. BANK ALARMS ~~ ~ ~ :~~" ~ f~i Officers responding to bank alarms or other financial inispio~ shy utilize the authorized departmental protocol as ideried ~i the Department's Field Training Manual ~- S Sam el Hargadine, ief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of higher legal standard of safety or care in an evidentiary sense with respect to third-party claims. Violations of this directive will only form the basis for departmental administrative sanctions. LEG 04.1 Date of Issue General Order Number January 10, 2000 00-01 Effective Date Section Code February 18 , 2010 LEG-04 Reevaluation Date Amends /Cancels February 2011 C.A.L. E.A. Reference 1.2.4 SEARCH AND SEIZURE ~D~ ~~~~ . . , c ~~,~, INDEX AS: Search Seizure Warrants Arrests Stop and Frisk ~ ° -~- -, ~' r~ ~. c~ -~ - =~ ~ ~' ~ ~. ~ ~ --,• :~ ~ -^~ ~- ~ :~ c~ ~:.a N I. PURPOSE. The purpose of this order is to provide members of the Iowa City Police Department with guidelines and background pertaining to search and seizure. POLICY It is the policy of this department to conduct searches that are both legal and thorough. Such searches are to be conducted in strict observance of the Constitutional Rights of persons being searched and with due regard for the safety of the officers involved. All seizures shall comply with all relevant state and federal statutes governing the seizure of persons or property. ~. LEG 04.2 II. DEFINITIONS A. Constitution of the United States of America: Amendment 4 The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon. probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized. B. Constitution of the State of Iowa: Article I. Bill of Rights Section 8. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated; and no warrant shall issue, but on probable cause, supported by oath or affirmation, and particularly describing the place to be searched, awl the persons and things to be seized. c~ r~ ~.~ ~ e III. PROCEDURES ~'~ --t C`~ c~ (~'1 ~ Search and Seizure Without a Warrant ~' ~"~ ~' '..~' The Iowa City Police Department recognizes that "citizens have the ri>~t to free of unreasonable search and seizure" as afforded by the Constitution of tie United States. This Department will strive to ensure that all searches and seizures meet current legal requirements. In recognition of this, the following guidelines are to be considered when making a determination to search without a warrant. A. Consent to Search: 1. Persons or property may be searched upon the consent of the person, owner or person in control of the property or item to be searched. The person giving consent must do so voluntarily. The officer is obligated to abide by any constraints placed on the search by the person. B. Exigent Circumstances: 1. An officer may search without a warrant when the public safety is endangered or obtaining consent or a warrant is impractical C. Moveable vehicles which may contain evidence that may be removed or destroyed without a timely search being made: LEG 04.3 1. A vehicle may be searched if an officer reasonably believes that it may contain evidence of a crime, which may be destroyed or moved, and it is impractical to obtain a warrant. D. Stop and Frisk: 1. An individual may be frisked for weapons if an officer has an articulable concern for his/her safety. E. Inventory Searches of Impounded Vehicles: 1. Inventory searches of impounded or seized vehicles may be conducted for the purpose of documenting property contained in the vehicle. An inventory search should not be used when the primary reason is to obtain evidence. (see impound policy) F. Search Incident to Arrest: 1. When an arrest is made, the officer will conduct a search of the arrested person and the area in the immediate control of the arrested person for the purpose of ensuring the officers' safety, preventing the person from escaping, discovering the fruits of the crime, or discovering instruments or articles which may have been used in the commission of a crime or constitute evidence of an offense. This search must be contemporaneous in place and time. G. Plain View: 1. Officers may visually search items or property that is in plain view, provided that the officer has the right to be in the position from which the view was made. H. Crime Scene Search: 1. Depending on the location of a crime scene, consent or a warrant may be required prior to a search. (i.e. public v. private property) I. Officers may search persons on premises during the execution of a search warrant in order to protect their safety, prevent disposal or concealment of property subject to the warrant or to remove any items that could be used to effect an escape or resist arrest. J. Officers may conduct warrantless searches in other N situations und~ applicable case law. (See training documentation) .~c~ ~ e ~y d-7 ....,i (~,7 Search and Seizure Pursuant to Warrant ~''~° = a _ -~ r_~ A. Legal Basis for Obtaining a Search Warrant ~, xn• ~, ~, 1. In order to obtain a search warrant, an officer must be able~o sh wa probable cause to believe that specific evidence, contraband, or instrumentalities/fruits of a crime may be found at a parti cular location. LEG 04.4 2. Specific facts establishing probable cause must be set forth with clarity and specificity. Officers shall not rely solely upon personal opinion or unauthenticated third party information or hearsay. Such facts may be based on the personal observation or knowledge of the officer, or information from a reliable source. 3. When informants are used, particularly confidential informants, the reliability of the informant and the information provided should be specified. Whenever possible, officers should corroborate informant information. B. Affidavit Preparation 1. An affidavit supporting the application for a search warrant shall be prepared on the appropriate form in accordance with department policy. Because the accuracy of the affidavit is vital to the validity of the search warrant, officers shall ensure that the following information is clearly and completely specified: (a) Offense: The offense shall be described with reference to the criminal statute number where possible. (b) Place or Thing to Be Searched: The place or thing to be searched sha ll be clearly and specifically described. Where private premises are to be searched, references should include: c, a ~~.~ wse t I y` r•t ~ W (1) Street number and apartment number if appropriate; ~~ _ GO YYi6~N ~„ (2) Physical description of the premises; r..f~-s (3) Legal description of the premises; =~~ ~ (4) Name of owner or occupant; ~~~ cYa (5) Geographical location of the property; ~. na (6) Map coordinates or distances from given reference points; ~- (7) Photographs, satellite photographs, maps, or diagrams that aid in specifically identifying the location to be searched. (c) Scope of the Search: Only those things described in the search warrant can be seized. Therefore, the affidavit should specify, and the officer should ensure that the warrant includes the following: (1) All areas that the officers desire to search shall be designated. In instances where officers wish to conduct a complete search of a home and its surroundings, the affidavit should specify a search of the premise and it's "curtilage," and should identify any outbuildings such as garages, tool sheds or other detached buildings, where appropriate. (2) Motor vehicles known to be on the premises that may be searched should be specified. LEG 04.5 (3) Searches (other than frisks for weapons) of specific persons on the premises shall be referenced in the affidavit by name if possible. (4) The specific items to be seized shall be detailed. Where the item may be dismantled (e.g., firearms) the warrant should authorize the search and seizure of parts or components of that item. (5) Officers anticipating search of computers and related high- technology equipment should consult a forensic examiner or other qualified source for appropriate language to use in the affidavit and procedures for seizure of hardware, software, and electronic media. (d) Time and Method of Search: A valid search warrant may be serve at any time of the day or night, as operationally required, vh~n 1~ r, .,~ days from the time of issuance. ~~ o ,,,~ (1) Anticipatory search warrants may be sought when it~~1 be shown that the evidence in question will be at a specificlotio at some time in the near future. ~~~ co ,. ~~ (2) Officers may request a "no knock" provision in the warrant whe~i they have reason to believe that adherence to the knock and announce rule would endanger their safety or the safety of others, would enable a wanted person to escape, or would likely result in the destruction of evidence before entry can be made. 2. All affidavits must be reviewed and approved by a supervisor PRIOR to presentation to a magistrate or other judicial official. authorized to issue search warrants. 3. PRIOR to obtaining a signed search warrant, a Search Warrant Control Review Form shall be completed with the required signatures obtained. (see Appendix n The accompanying Search Warrant Checklist should be followed throughout the warrant process. Other than for the physical search of a structure, a supervisor may waive the requirements of the Search Warrant Checklist (I.e. obtaining blood for an OWI investigation, obtaining shoes from a prisoner at the jail, etc.) Justification for the supervisor's waiver must be documented in writing prior to the service of the warrant. C. Supervisory Review of Issued Search Warrant Prior To Execution 1. Prior to any attempt at service, a supervisor should review issued search warrants to ensure that they include all pertinent information set forth in LEG 04.6 the affidavit completely and accurately, and that the warrant has been properly signed by a magistrate or other authorized judicial official. Officers shall not attempt to serve any search warrant that is known to contain substantive or administrative errors. 2. When an outside agency requests Iowa City Police assistance with the execution of a search warrant in Iowa City, a supervisor will at a minimum familiarize themselves with the address being searched and confirm the accuracy of the location. D. Execution of the Search Warrant 1. 10-Day Time Limit: Search warrants must be executed within 10 days from the time of issuance. Any warrant not executed within this time limit is void and must be returned unserved to the magistrate or clerk of court. In the event that the return of an unserved warrant will compromise an active investigation, the County Attorney should be consulted regarding the time and manner of the return. 2. Pre-Surveillance: For narcotics / drug or weapon related search warrants, it is recommended that surveillance be maintained on the target location for a minimum of 30 minutes. 3. Pre-Search Briefing: Prior to the execution of a search warrant, the supervisor in charge of the search should ensure that apre-search briefing is conducted to inform assisting officers of the following: (a) The supervisor in charge of the search; (b) Verification of the specific location to be searched; (c) The layout of the premises and any known or anticipated hazards that may exist; (d) The manner of approach and entry into the premises; (e) The assignment of assisting officers as necessary to: ,.,, (1) Exterior containment of the premises; t~ ~='~ c~ '*'+ ~.,k:., (2) Guard and/or transport any persons arrested; (3) Search designated areas; ~~--, c~ (4) Restrict access at entrances; and ='r~ ~, ~ (5) Collect and handle evidence; ~~ ~ ~ =~- ' (6) Interviews of any persons present; ~ N (f) The communications procedures to be used. ~. (g) Historical data of suspects; LEG 04.7 (h) Update from surveillance Officer on scene; (i) Written Safety Plan -copies to all officers participating (see Appendix In ~--- ~, ~~ ~ (k) Staging area discussion ~--~ °' a~,. c~ -~; - ~~ ~ 4 Supervisor Presence Required: The supervisor in charge ;~11st ~e physically present on all search warrant executions. Upon conon=~cif the search, the supervisor in charge is responsible for ensurirat`~II evidence is properly documented and secured, that the premises is left a secure manner, and that all paperwork and reports are submitted as required. 5 Media or Other Third Party Participation: Police officers shall not take members of the news media or other third parties into private premises during the execution of a search warrant, unless the presence of the third party is necessary in aid of the warrant's execution. Police authority to enter private premises pursuant to a search warrant does not automatically extend to third parties. Participation by a third party must be directly related to the authorized objective and scope of the search warrant. This restriction shall not be construed to prevent the entry of third parties into private premises pursuant to voluntary consent or other legal authority. 6 Photographing Premises: Photographs should be taken of the premises both before and after the search is conducted for the purpose of documenting the property in its original condition and the condition in which it was left by officers after the search. 7 Giving of Notice: The officer executing a search warrant must, before entering the premises, give appropriate notice of his/her identity and purpose to the person to be searched or the person in apparent control of the premises to be searched. If it is unclear whether anyone is present at the location to be searched, the officer must give notice in a manner likely to be heard by anyone present. The giving of notice may be waived ONLY if specifically authorized in the warrant. 8 Serving the Warrant: Before undertaking any search, the officer must leave a copy of the warrant with the person to be searched or the person in apparent control of the premises or vehicle to be searched. Where there is a reasonable belief that the person only speaks a language other than English, an officer or other individual fluent in that language should be summoned to the scene if available and the exigency of the situation permits. If no one in apparent and responsible control is occupying the premises or vehicle, the officer must leave a copy of the warrant affixed to the premises or vehicle. LEG 04.8 9 Detention of Persons Present: An officer executing a search warrant for premises not generally open to the public, or of a vehicle other than a common carrier, may detain any person present for such time as is reasonably necessary to execute the search warrant. If the items listed in the search warrant are not found on the premises or vehicle, the officer may then search any person present at the time of the officer's entry for the property specifically described in the search warrant. 10 Frisk of Persons Present: If the officer reasonably believes that his/her safety or the safety of others present so requires, he/she may search for any dangerous weapons by externally patting the clothing of those persons present. If the officer feels an object which he/she believes is a dangerous weapon, he/she may take possession of that object. 11 Scope of the Search: The scope of the search may be only such as is authorized by the warrant and is reasonably necessary to discover the items specified therein. Upon discovery of the items specified, the officer must take possession or custody of them. If in the course of the search the officer inadvertently discovers items not specified in the warrant which are subject to seizure under State or City Code, he/she may also take possession of the items so discovered. 12 Inventory of Items Seized: The officer executing the search warrant must prepare and sign an inventory of all items seized. If the items are seized from a person, then a copy must be given to that person. If the items are seized from a place or vehicle, a copy must be given to the owner or person in control of the premises or vehicle. If no person is present, the copy will be left in the premises or vehicle from which the items were seized. 13 Concluding the Search: Officers will conduct the search in a manner so as to leave the premises or vehicle in the same general condition as originally found. All evidence will be handled in accordance with General Order 00-10 / SER-06. The officer in charge of collecting evidence will complete all reports and property control forms, and will place the evidence in secure storage prior to ending his/her tour of duty. 14 Supervisor Responsponsibility: Upon conclusion of the operation, the supervisor designated as having responsibility for the control and coordination of the operation shall forward the original Written Safety Plan, Threat Assessment and Search Warrant Control Review form to t15~ Sergeant of the Investigations Section; where it shall be mainta~~ in~ secure location separate from the investigative case file. ~..~ z v n -~ ~ '°-~ E. Return of the Search Warrant -;e-a `~ ~ ~'T'~ 9a .~ r ,. ~~~ +'.`L. ~ M~ LEG 04.9 1. Officers shall observe statutory and administrative requirements regarding return on the search warrant to include providing an inventory of seized property to the proper person for property taken, and return of the warrant and delivery of the property inventory to the appropriate judicial authority within specified time limits. F Liaison with the County Attorney 1. Officers seeking search warrants in unusual situations or where the seriousness, nature or legal complexity of the case so dictates, should review the case with the County Attorney's Office prior to seeking a search warrant. G High-Risk Warrant Service Operations 1. Prior to the execution of a search warrant, the need for tactical support will be determined. In determining whether or not service of the warrant constitutes ahigh-risk operation under the provisions of this policy, the supervisor in charge must consider several factors: o o ° (a) The characteristics and location of the target premisesd ~ number of persons likely to be present. r,~ - =~ e r c° (b) The anticipated need for pre-planned forcible or dynam~~cti~l entry into the premises. ° ~, :~ (c) Facts and information known or foreseen by officers that indicate -an unusually high potential for violence or physical danger exists. The .danger may originate from persons who are believed to be armed or who have a past history of violence or from a danger within the environment to be entered (i.e. explosives, volatile or hazardous chemicals, barriers or fortification, vicious animals, etc.). (d) The number of personnel and resources required to safely and adequately conduct the operation and accomplish the intended objective. 2. Supervisors should make athreat-assessment to determine whether the intended warrant service activity requires tactical support. If the assessment indicates a need for tactical support, the supervisor shall consult with the SRT Commander and the Commander of Field Operations, who will make the final determination. 3. Authorization for high-risk warrant service operations must be given by the Commander of Field Operations or designee. _~._ ~. ~-~_ 4. High-risk warrant service operations must be preceded with a written plan to include, at a minimum, the following: LEG 04.10 (a) The procurement of any special equipment or resources needed; (b) The designation of a radio talk group to be used and any special communications procedures to be followed; (c) The specific strategy for approaching, entering, securing and leaving the target premises. This strategy should include the layout of the premises (if known), and the identification of any known or anticipated hazards that may exist. (d) The specific responsibilities of each officer present during the operation, including provisions for the handling and transport of persons arrested; (e) The coordination of any special support needed from outside agencies regarding the foreseen or anticipated need for resources such as medical or firefighting personnel, animal control units, etc.; 5. Upon conclusion of the operation, the supervisor designated as having responsibility for the control and coordination of operation must: (a) Conduct a debriefing and/or critique of the operation with key participating personnel. The debriefing should be conducted as soon as practical following the operation; (b) Review the associated documentation, paperwork, and any required reports (e.g., use of force) to insure that current legal requirements and departmental policy have been met; (c) Insure that all evidence has been properly documented and placed in secure custody; (d) Ensure the preparation of an SRT report, if applicable. -The SRT report must include a summary of the result of the operation and a~ recommendations arising from the debriefing. ~ p -~ ~~ ~~ ~ ca-< - Sa uel Hargadin hief of Police =~~ ~ ~~ WARNING ~"' This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of higher legal standard of safety or care in an evidentiary sense with respect to third-party claims. Violations of this directive will only form the basis for departmental administrative sanctions. ~~-=: LEG 04.'f 1 (APPENDIX I) IOWA CITY POLICE DEPARTMENT SEARCH WARRANT CONTROL REVIEW The attached search warrant has been reviewed and there is written documentation to support application. Supportive data under case # This search warrant does comply with the following Iowa City Police Department as well as State of Iowa requirements where appropriate. 1. Code of Iowa Chapter 808 2. General Order 00-01, Search & Seizure 3. General Order 89-04, Civil Rights Alarms -Open Door Response 4. General Order 99-02 a , 5. General Order O 1-02, Informants o c°~ ~ ~ _°,,~ ~ ~ -:.' - ~- ~~ Officer Making Application: ` (Signature) ~ ~~ rn ~ Date Submitted: '~'' fv Supervisor Approving: (Signature) Date Reviewed: Lieutenant: (Signature) Date Reviewed: Prior to service of the search warrant, copies of the following are to be finished and on file. 1. Original complaint report(s). 2. All follow-up reports. 3. All intelligence reports. 4. Copy of search warrant. 5. Copy of signed Search Warrant Control Review 6. Copy of Safety Plan 7. Any other reports, data, relevant to the search warrant. LEG 04.12 SEARCH WARRANT CHECK LIST Deviations from the checklist must be approved by the Supervisor in charge Prior to County Attorney and Judge's Signatures 1. Satellite photograph of target /neighborhood Applicant Supervisor 2. Photographs of target residence (front, rear, sides as applicable) Applicant Supervisor SUPERVISOR MUST BE PRESENT DURING SERVICE OF SEARCH WARRANT Prior to Execution of Search Warrant 1. Briefing with all entry team officers, including supervisor Applicant Supervisor 2. Original complaint report, current investigative reports, intelligence reports Applicant Supervisor 3. Copy of search warrant Applicant Supervisor 4. Maintained surveillance on target residence for a minimum of 30 minutes (Narcotics /Drug Related) Applicant Supervisor Briefing: Specific Assignments /Tasks 1. Verification of address of target _ _o Applicant Supervisor o c-~ ~ ~.~ ~ ~ ~ 2. Method of entry and order of stack ~-t -. q "'"°° A licant Su ervisor pp P ~ ~~- ~ ?~ 3. Exterior residence containment ~_..~. ~~, Applicant Supervisor ~"' rv .~- 4. Photographs -Documentation /Evidentiary /Persons Applicant Supervisor 5. Searchers /Interviewers Applicant Supervisor LEG 04.13 6. Observation and control of suspects Applicant Supervisor_ 7. Communications with dispatch Applicant Supervisor 8. Historical data of suspects Applicant Supervisor 9. Update from surveillance officer on scene Applicant Supervisor 10. Written Safety Plan -copies to all officers participating Applicant Supervisor 11. Staging area discussion Applicant Supervisor 12. Radio frequency & cell phone numbers Applicant Supervisor Post Warrant Service 1. Leave paperwork at scene of items seized Applicant Supervisor 2. Notification to supervisor of results, concerns and problems Applicant Supervisor 3. Use of Force report if applicable Applicant Supervisor °- ~~ °" S o rTj ~ _ °, g ~ 4. Return of service to the court n ~ - ~ "" Applicant Supervisor ~i'~-'° N .r- LEG 04.14 (APPENDIX II) SAFETY PLAN Case Number Date Prepared ^P o ~~, _~,,, G it~~~+~~ ., ~~~;, , ~~ Iowa City Police Department Copy of Surveillance U/C Buy-Walk Buy-Bust Arrest Search Warrant Clan Lab Operation Other: Flashroll `` _~ Purchase Price No Yes Amount No Yes Amount UC Funds list in Possession of: __ ~ • (NOTE: Include dateRime/location of operation, objectives, and specific details of the enforcement plan such as meet locations, locations fo be searched, and subjects arrested. It a clan lab operation, include waste disposal procedures. A map of the target area(s) must be attached.) ,,,Y rv CJ ~"„. Q ~ ~ ~ ~ M ~,~ ~ ~ ~ ~,,,, t.~,.. t ~-7 ,~t:3 LEG 04.15 • ~ • Code Name (If Applicable) Sex Race Age Height Weight Eyes Hair Vehicle Make Model Year olor License Number State ,. a Kc-c ~, --z-, Code Name (If Applicable) Sex Race Age Height Weight yes o Hair _ . ...~~ t'T7 ~ Vehicle Make Model Year olor License Numt~p_.f,; -' -:~ - --, - ~- - Kill Switch ~ .~ -- - - No - ~~ - ~ Yes ~ Vehicle InstallS~f`ri~ ~~ ,~.- PV c~` • •' Body Wire/Kel - Body Wire/Kel Channel Worn By Monitored/Taped By Tracking Transmitter. Tracking Transmitter Channel ehicle --- U/C Pager Codes Terminate Operation Danger Transmitter Malfunction VIII. ARREST LEG 04.16 Verbal: Visual: DisfresslDanger Verbal: Visual: _- _ Subiect Number One I- - - Subject's Name - - Sex - - - -- _ -- Race DOB Age Height. - Weight - Eyes Hair -- -- ~- -- -- `.Subject's Addres(s) Primary Address: Alternate Address: - - Subject's Vehicle(s) Make Year Model Color License Number State - ~ - -- -- - _ Criminal History -- - Remarks: Weapons: N o Violent History: ca ~,r.,, -ri T~ ..~- w .®... L- Subject's Name Subject Number Two Sex Race DOB Age Height --t;`7. .." Weight :~ ~ ai Primary Address: Subject's Address(s) - ~ ~ - tV ~ - - _ - ---~ Alternate Address: Subject's Vehicle(s) Make Year Model Color License Number State Remarks: Criminal<History Weapons: Violent History: LEG 04.17 X. EMERGENCY NOTIFICATIONS Hos ital Hospital Name Hospital Phone Number Hospital Address - - Police Jurisdiction _- Department Main Number Emergency Number Department Address Agent/Officer Call Sign Pager/Phone Vehicle/location Assignment Copy N Q O ~~ m -~ .~ p -'~ r... .w' . ~: .r: q °` tV Yes N/A Yes N/A Operational Plan to Comm. Center Surveillance Assignments Portable Radios Eavesdropping Authorization Perform Communications Check Entry Tools Kel/Unit Receiver Check Raid Jackets & Protective Gear Cross Check with other Agencies Enforcement Briefing Cross Check performed by: .~ -~ Plan Prepared By Signature Date Name of Approving Supervisor Signature Date Photographs and additional information should be provided and attached as appropriate. LEG 04.18 Time Observed B Activit 4 ° -~ ~ ~~ w ~~, cz' ~ s~• - ~, ~ "y" ~? ~` cry SURVEILLANCE OFFICER DATE OPS-17.1 RACIAL PROFILING Date of Issue General Order Number January 10, 2001 01-01 Effective Date Section Code Februa 12, 2010 OPS-17 Reevaluation Date Amends /Cancels Februa 2011 C.A.L.E.A. Reference ~ o 1.2.9 ~ c3 -n ~ ~ c-~ -: - -=a r~ INDEX AS: ~,~ Racial Profiling Search and Seizure ~?~~ Complaints Traffic Stops Supervisor Responsibilities Arrests ~ Warrants Discipline c°~° r: ~~ ~~~ I. PURPOSE The purpose of this order is to unequivocally state that racial and ethnic profiling by members of this department in the discharge of their duties is unacceptable, to provide guidelines for officers to prevent such occurrences, and to protect officers from unfounded accusations when they act within the parameters of the law and departmental policy. II. POLICY It is the policy of the Iowa City Police Department to patrol in a proactive manner, to investigate suspicious persons and circumstances, and to actively enforce the laws, while insisting that citizens will only be detained when there exists reasonable suspicion (i.e. articulable objective facts) to believe they have committed, are committing, are about to commit an infraction of the law, or there is a valid articulable reason for contact. Additionally, the seizure and request for forfeiture of property shall be based solely on the facts of the case and without regard to race, ethnicity or sex. OPS-17.2 III. DEFINITIONS Racial profiling -The detention, interdiction, exercise of discretion or use of authority against any person on the basis of their racial or ethnic status or characteristics. Reasonable suspicion -Suspicion that is more than a "mere hunch" or curiosity, but is based on a set of articulable facts and circumstances that would warrant a person of reasonable caution to believe that an infraction of the law has been committed, is about to be committed or is in the process of being committed, by the person or persons under suspicion. ("Specific and articulable cause to reasonably believe criminal activity is afoot.") IV. PROCEDURES The department's enforcement efforts will be directed toward assigning officers to those areas where there is the highest likelihood that vehicle crashes will be reduced, complaints effectively investigated or addressed, and/or crimes prevented through proactive patrol. A. In the absence of a specific, credible report containing a physical description, a person's race, ethnicity, or gender, or any combination of these shall not be a factor in determining probable cause for an arrest or reasonable suspicion for a stc~. B. Traffic enforcement shall be accompanied by consistent, ongoit;-~u~visd` oversight to ensure that officers do not go beyond the parameters of reai~iia~bl@Qless~ conducting such activities. `~~ r. 1. Officers shall cause accurate statistical information to be recorded`~n~cc~dan~ with departmental guidelines. °~~ ~ -- 2. The deliberate recording of any inaccurate information regarding a `Verson stopped for investigative or enforcement purposes is prohibited and a cause for disciplinary action, up to and including termination of employment. C. Motorists and pedestrians shall only be subjected to investigatory stops or brief detentions upon reasonable suspicion that they have committed, are committing, or are about to commit an infraction of the law. Each time a motorist is stopped or detained, the officer shall radio to the dispatcher the location of the stop and any pertinent descriptors relevant or unique to that stop. The exception to this procedure is when officers are taking part in safety checkpoints and are working with other officers. D. If the police vehicle is equipped with a video camera, the video and sound shall be activated prior to the stop to record the circumstances surrounding the stop, and shall remain activated until the person is released. E. No motorist, once cited or warned, shall be detained beyond the point where there exists no reasonable suspicion of further criminal activity. OPS-17.3 F. No person or vehicle shall be searched in the absence of a warrant, a legally recognized exception to the warrant requirement as identified in General Order 00-01, Search and Seizure, or the person's voluntary consent. 1. In each case where a search is conducted, information shall be recorded, including the legal basis for the search, and the results thereof. 2. A cursory "sniff' of the exterior of a vehicle stopped for a traffic violation by a police canine may be recorded on the department's canine action report form. TRAINING Officers shall receive initial and ongoing training in proactive enforcement tactics, including training in officer safety, courtesy, cultural diversity, the laws governing search and .seizure, and interpersonal communications ills. -~ © ° 1. Training programs will emphasize the need to respect the ~~ ~ all citizens to be free from unreasonable government intrusio~~r price ~"" action. ~~ ~„ ~ ~ ~ COMPLAINTS OF RACIAL/ETHNIC PROFILING °~ Any person may file a complaint with the department if they feel they tt2~ve been stopped or searched based on racial, ethnic, or gender-based profiling. No person shall be discouraged or intimidated from filing such a complaint, or discriminated against because they have filed such a complaint. 1. Any member of the department contacted by a person, who wishes to file such a complaint, shall refer the complainant to a Watch Supervisor who shall provide them with a departmental or PCRB complaint form when requested. The supervisor shall provide information on how to complete the departmental complaint form and, if possible, shall record the complainants name, address and telephone number. 2. Complaints which result in the initiation of an investigation shall be conducted as directed by General Order 99-06, Internal Affairs Investigations. 3. Supervisors should periodically review a sample of in-car video of stops made by officers under their command. Additionally, supervisors shall review reports relating to stops by officers under their command, and respond at random to assist or observe officers on vehicle stops. 4. Supervisors shall take appropriate action whenever it appears that this policy is being violated. REVIEW OPS-17.4 1. On an annual basis or as requested by the Chief of Police, the Commanding Officer Administrative Services, or designee, shall provide reports to the Chief of Police with a summary of the sex, race, and/or ethnicity of persons stopped. 2. If it reasonably appears that the number of self-initiated traffic contacts by officers has unduly resulted in disproportionate contacts with members of a racial or ethnic minority, a determination shall be made as to whether such disproportionality appears department wide, or is related to a specific unit, section, or individual. The commander of the affected unit, section, or officer shall provide written notice to the Chief of Police of any reasons or grounds for the disproportionate rate of contacts. 3. Upon review of the written notice, the Chief of Police may direct additional training towards the affected units/sections or to individual officers. 4. On an annual basis, the department may make public a statistical summary of the race, ethnicity, and sex of persons stopped for traffic violations. 5. On an annual basis, the department may make public a statistical summary of all profiling complaints for the year, including the findings as to whether they were sustained, not sustained, or exonerated. 6. If evidence supports a finding of a continued ongoing pattern of racial or ethnic profiling, the Chief of Police may institute disciplinary action up to and including termination of employment of any involved individual officer(s) and/or their supervisors. Sa uel Hargadi ,Chief of Police WARNING This directive is for departmental use only and .does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of a higher legal standard of safety or care in an evidentiary sense with respect to third-party claims. Violations of this directive will only form the basis for departmental administrative sanctions. ~,, ~ ~ :~ ~ ~~ a IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT November 2009 Ofc # Date Inc # Incident Force Used 2009- 8 11-01 57729 Suspicious Officer used hands-on control and take-down Activity techniques while arresting a resistive subject for ublic intoxication and disorderl conduct. 4 11-07 59038 Fight Officers used hands-on control techniques to control a combative 'uvenile. 51 11-07 58878 Vehicle Officer used hands-on control techniques and Theft displayed/dotted with a taser a fleeing and resistive subject while executing an arrest for a stolen vehicle. 41 11-09 59490 Medical Officer used hands-on control techniques to Assist handcuff a subject who had already assaulted the officer. 4 11-10 59593 Intoxicated Officer used hands-on control techniques and Pedestrian discharged a taser at subject who was resistive and a ressive durin arrest. 22/27 11-13 60166/ Assist Officers engaged in a vehicle pursuit with a 60165 Other Agency Johnson County deputy. At the conclusion of the pursuit officers displayed firearms while conductin a felon sto on the vehicle. 8 11-20 61206 Assault Officer used hands-on control and take-down techniques while arresting a resistive subject for ublic intoxication and disorderl conduct. 48/6/ 11-21 61424 Traffic Officers engaged in a vehicle pursuit with a 35/20 Stop suspect driving a stolen vehicle. 27 11/21 61600 Unknown Officer used hands-on control and take-down Problem techniques while arresting a resistive subject for ublic intoxication and disorderl conduct. ~., 4 ~ ~.,« d ~ - • ~ ~ n ~ r" ~~ © ~ ~ `° ~" Ct7 _ C.f7 N Q © C =~ ~'? rn "` v _., w „~, IOWA CITY POLICE DEPARTMENT c-~--~ ~ ~ USE OF FORCE REPORT ~e~-`- ~ ~„ ' December 2009 = ~- ~~ ~ :~_ .. Ofc # Date Inc # Incident Force Used - 2009- cs, 12-05 63833 Search Warrant SRT response for a search warrant on a suspect 85/16/ involved in an armed robbery. SRT tactics and 59/51/ weapons were utilized during the incident. 55/35/ 29/34/ 99 13 12-OS 63858 Intoxicated Officers used hands-on control techniques to Subject arrest an assaultive and resistive subject for ublic intoxication and criminal mischief. 18/40 12-11 64844 Out w/Subject Officers used hands-on control techniques to arrest a resistive subject for ublic intoxication. 8 12-12 64862 Fight Officer used hands-on control and take-down techni ues to arrest a resistive subject. 6 12-14 65293 Injured Deer Officer discharged a firearm to dispatch an inured deer. 27 12-17 65789 Shoplifting Officer displayed/dotted a taser on a subject who had been a ressive towards em to ees. 90/59/ 12-19 65820 Robbery Officers used hands-on control techniques to 54 take a subject into custody who had been under surveillance for an armed robbe 12/32 12-20 66185 Out w/Subject Officers used hands-on control techniques to arrest a resistive subject who had fled from another officer. 8 12-20 66202 Out w/Subject Officer used hands-on control techniques to arrest a resistive subject after a foot chase. 15/8/ 12-20 66207 Fight Officers displayed firearms during a high risk 12 traffic stop on a suspect vehicle reported to have an armed subject inside. 9(1) 12-21 66311 Fight Officer used hands-on control techniques and discharged OC to arrest two subjects engaged in a h sical altercation. 11/30 12-21 66389 High Risk Officers displayed firearms during a high risk Traffic Sto traffic sto on a subject known to o armed. 57/22/ 12-25 66815 Stolen Vehicle Officers displayed firearms during a high risk 44 traffic stop on a stolen vehicle. March 9, 2010 Mtg Packet PCRB COMPLAINT DEADLINES PCRB Complaint #10-01 Filed: 02/11/10 Chief's Report due (90days): 05/12/10 Chief's Report filed: ??/??/?? PCRB Mtg #1 (Review) ??/??/?? PCRB Mtg #2 (Review & Assign) ??/??/?? PCRB Report due (45days): ??/??/?? PCRB MEETING SCHEDULE April 13, 2010 May 11, 2010 June 8, 2010 July 13, 2010 POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS February 2010 Date Description 2-2-10 Individual called re multiple harassments from Police Department in recent weeks. He will follow up with filing a complaint. Updated 03/03/10 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, Vice Chair Term: September 1, 2008 -September 1, 2012 936 Ryan Court Iowa City, IA 52246 (H) 338-4042 (O) 337-4195 Donald King, 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 Royiceann Porter 136 Appanoose Ct Iowa City, IA 52240 (H) 354-8633 (O) 721-8915 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, 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 ~u brn;-I-~e..cE-- b~ j S can ~ ~t'ave ,~-rnc~ ~~ ~ Z ~-10 From the ACLU web page regarding PCRBs: "It is appropriate that in conferring the police with powers, particularly the power to use lethal force, that civilians have a role in determining the standards by which they are policed. And an independent civilian review board affords citizens with an opportunity to engage in that role by providing a venue through which to air grievances, express concerns, and voice recommendations. It is important to note that for a civilian review board to be truly effective, it must be independent. That is, it must conduct an investigation of complaints and not a civilian review of an investigation conducted by a police internal affairs bureau, which would result in the illusion of oversight without the reality. The integrity of the civilian review board will derive from direct civilian review of police conduct, not a civilian review of police review. (The board) establishes the principle of police accountability by investigating and hearing citizen complaints on police activity. It ensures that citizens with grievances have a place to turn and thereby it helps discourage police misconduct. (The board also) protects officers from petty and vengeful complaints as well as protects the due process rights of officers engaged in the complaint process. (The board) requires subpoena power to ensure that witnesses testify and documents be produced in a timely manner." 2-is- ~ o Civilian Review Board Sample Model * Introduction * An Effective * Functions of * Requirement * References Introduction Model the Civilian Review Board for an Effective Board It is appropriate that in conferring the police with powers, particularly the power to use lethal force, that civilians have a role in determining the standards by which they are policed. And an independent civilian review board affords citizens with an opportunity to engage in that role by providing a venue through which to air grievances, express concerns, and voice recommendations. It is important to note that for a civilian review board to be truly effective, it must be independent. That is, it must conduct an independent investigation of complaints and not a civilian review of an investigation conducted by a police internal affairs bureau, which would result in the illusion of oversight without the reality. The integrity of the civilian review board will derive from direct civilian review of police conduct, not a civilian review of police review. An Effective Model An effective civilian review board ("CRB") has complaints investigated and reported to its board members within 60 days of having received a signed complaint. Within 120 days of having received the complaint, a hearing is held (usually before three board members), a decision on the complaint is rendered, sanctions are determined, and both the complainant and respondent are informed as to the disposition of the complaint. Due to special circumstances, the entire process can be permitted to extend to 180 days. Professional investigators, an integral part of the CRB and whom its board members choose, conduct the initial fact-finding in a complaint investigation and submit a report to the Board. In some models, the CRB's executive director conducts the investigation. The seven to nine CRB members are representatives of community organizations (ie - ACLU, NAACP, etc.) and serve in two years appointments, while the executive director is selected by the chief judge of the 11th judicial circuit and serves for six years. The CRB is empowered to vote to remove a board member, appoint new members through a simple majority vote when a vacancy occurs, and petition the chief judge to remove the executive director. The composition of the CRB should reflect the diversity of the city in terms of race, ethnicity, and gender. The position of executive director is full-time, while the board members are volunteers. It is imperative that the director be a tenacious individual for the first few years of any civilian review board prove to be its most trying. All board members including the executive director should undergo a training regimen before participating in the complaint process. Having current or former police officers on the CRB can be controversial. zt is important that the investigator is not a sworn officer or former officer. In some models, there is one investigator for every 250 sworn officers, so that a backlog of investigations can be avoided. The investigators can be made full-time employees or simply can be hired when needed. The CRB has subpoena power to require that witnesses testify and documents be produced within a timely manner. It also has the power to sanction police officers for misconduct. All board meetings and hearings are open to the public and are announced and advertised to the public at least a week in advance, along with an agenda. During the course of the hearing, each of the parties will be allowed the opportunity to cross-examine the witnesses. The complaint process must be timely. If a complaint is not disposed of within the required 120 days (on exception 180 days), the officer can argue that the case be dismissed. Sanctions should be imposed within 14 days of the CRB's decision to sanction. It is important that the entire complaint process (investigation, hearing, decision, and determination of sanctions) be completed before the statute of limitations on the officer's offense has expired, so that sanctions may be imposed. If a criminal investigation or proceedings have been initiated, the CRB will defer taking any action during the course of such proceedings or investigation. The CRB should have an explicit, written mission that defines the roles of the executive director, the board members, and the investigators. And the CRB should produce a clearly defined matrix or table listing, the standard of proof it uses, the decisions it can render, and the sanctions it can impose. In creating the CRB, the civilian review boards in other jurisdictions should be studied. Also, a training regimen for all board members should be determined. References for other civilian review boards as well as training regimens, including how to investigate a complaint, are provided at the end of this proposal. The CRB will investigate and hear all complaints that concern the use of force, including shootings; deaths in custody; harassment; abuse of authority; and improper searches or detention. The CRB has the authority to broaden its reach to decide other types of complaints as well. For discourtesy complaints (including offensive language, derogatory remarks, and slurs) and procedural complaints (when the citizen cannot understand why the officer took a particular action), it is recommended that mediation be used. Such complaints are notoriously hard to prove and have an effect of resulting in a backlog of more serious complaints. A written procedure should be established for the withdrawal of complaints. And a specific reason must be provided for the withdrawal. After the withdrawal, the complaint process will continue with the complainant serving as a witness to the events rather than as the aggrieved party. Any individual or organization acting to threaten or coerce a complainant to withdraw a complaint will be subject to sanctions. Functions of the Civilian Review Board 1. To establish the principle of police accountability by investigating and hearing citizen complaints on police activity. To ensure that citizens with grievances have a place to turn and thereby to help discourage police misconduct. Of course, the CRB accepts complaints in all languages. 2. To promote community awareness as to the citizen's opportunity to file a complaint concerning police misconduct, as well as to disseminate information as to how and where to file a complaint. Also, to educate the public as to its rights in dealing with the police and about the merits of civilian oversight. 3. To make concrete recommendations about police policies and procedures and to suggest improvements in training. Also, to alert police administrators to the steps they must take to curb abuse as well to provide recommendations as to how future abuse may prevented. 4. To hold regular monthly meetings that are open to the public so that citizens and representatives of organizations can voice criticisms, make proposals, and introduce resolutions to review or reform specific police practices. To provide a mechanism through which the community can voice its concerns and suggest recommendations. 5. To create and utilize an "early warning" or "at- risk" system to identify officers who are the subject of repeated complaints. Often a small percentage of officers taint an entire police force because of the complicity of superior officers, who do not hold them accountable by supervising, disciplining, or dismissing them when appropriate. A strong reporting mechanism and an early warning system are essential components of an effective civilian review board. 6. To publish a semi-annual report listing the numbers of the following: complaints received; complaints investigated; hearings held; complaints withdrawn; and local, state, and federal cases filed against the police department. Of course, the disposition of the complaints should be provided, and the number of use of force complaints as well as the number of shootings also should be listed. The report should include the policy, procedure, and training recommendations that were made and whether the police department implemented those suggestions in a timely manner. The report also should include the following patterns in complaints: type (ie - racial profiling, discourtesy), geographic location of incident, race/ethnicity/gender of complainant, and characteristics of the officers (ie-race, ethnicity, gender, rank, etc.). Finally, the report should provide statistics as to the trends in complaints (ie ? that there is 20% increase in racial profiling complaints compared to the prior six month period.) 7. To author and make available to the public a summary report on each complaint and its disposition. 8. To forge a relationship with local prosecutors as well as the Offices of the State Attorney and the US Attorney. Complaints alleging serious allegations should be forwarded to the relevant prosecuting agencies for appropriate action. And when local prosecutors fail to act on cases concerning police misconduct, it is the responsibility of the federal government to prosecute if an individual s civil rights have been violated. 9. To contact the civilian regarding the filing of a complaint, if a case of police misconduct is known to have been alleged against-that civilian and no complaint has been received.. 10. To protect officers from petty and vengeful complaints as well as protect the due process rights of officers engaged in the complaint process. Requirements for an Effective Civilian Review Board The civilian review board requires the authority to act independently to receive, investigate, conduct hearings on, and issue findings on complaints. It also requires the authority to independently determine and impose sanctions. An effective CRB requires authority to collect and release a large range of information about local police conduct, thus necessitating access to information concerning police shootings, use of force, etc. In most large cities, police are required to file a report after every firearms discharge. Accordingly, the CRB and its investigators should be provided with unfettered access to all police files, including prior as well as current and pending complaints. It is important to note that police departments are an agency of the government and should not withhold from public view their policies, procedures, memoranda, records, reports (including "internal" reports, documents, etc.), tape recordings, or civilian complaints filed with the police department itself. The CRB also requires the authority to compel the police department to inform the Board of the standard(s) of proof it uses in deciding whether to sustain a complaint. Does it use the criminal "beyond a reasonable doubt" rather than the "preponderance of the evidence" which is the generally accepted standard for internal inquiries? The CRB requires the authority to compel the police department to provide it with a disciplinary matrix or table describing the range of penalties that officers should expect for various offenses. This will assist the Board in removing the broad discretion currently exercised by some police officials in applying discipline. The CRB requires the authority to compel the police department to provide it with the number of officers who are racial/ethnic minorities and women as well as their distribution and rank throughout the department. Such information is useful in assessing the "culture" of the police department. The CRB requires the authority to compel the police department and the city government to provide it with the number and type (ie ? local, state, federal) of lawsuits that have been filed against it. For each lawsuit, the CRB should be provided with a list of the charges, the number of officers involved as well as their names, the disposition of the suit, and in the case of successful suits, that the city paid in damages. The CRB requires the authority to compel both police departments and jails to notify it of any and all allegations of police brutality. Such notifications will serve to trigger the initiation of a complaint on behalf of the alleged victim. Both police departments and jails are required to take photographs of the complaining victim's injuries and provide those photographs to the CRB. The CRB requires subpoena power to ensure that witnesses testify and documents be produced within a timely manner. without the ability to compel police cooperation, the CRB would be unable to perform its mission. The CRB requires the authority to sanction an officer for misconduct as well as to sanction any officer who attempts to subvert the complaint process, particularly any officer who acts to dissuade or threaten an individual from filing a complaint or who attempts to threaten or coerce an individual into withdrawing a complaint. The CRB should also have the authority to investigate the behavior of supervisors and to discipline a supervisor for a line officer's actions. It is imperative that the police are required to accept the findings of the CRB as well as implement the sanctions imposed by the CRB. It is also important that the police not delay in acting on the CRB's decisions until after the statute of limitations on the officer's actions have expired. Or the statute of limitations must be extended to provide for the CRB's thorough investigation. The CRB requires the power to provide whistleblower protection to police officers who report the misconduct of fellow officers. The CRB requires an adequate budget that is shielded from politics. References Citizen Review of Police: Approaches & Implementation By Peter Finn for the National Institute of Justice, Office of Justice Programs, Department of Justice. Community Policing vs. Policing the Community By John M. Crew for the California Association of Human Relations Organizations. Fighting Police Abuse: A Community Action Manual ACLU. Five Years of Civilian Review: A Mandate Unfulfilled: July 5, 1993 ? July 5, 1998, a NYCLU Special Report. By Norman Siegel and Robert A. Perry for the New York Civil Liberties Union. Investigation, Monitoring and Review of Complaints: Practitioner's Case Study Guidelines NACOLE. Police Brutality and Excessive Force in the New York City Police Department Amnesty International. AI-index # AMR 51/036/1996. Shielded from Justice: Policed Brutality and Accountability in the United States Human Rights Watch. submitted by: John de Leon, President, Greater Miami Chapter, ACLU Maria Rivas, Coordinator, Florida Campaign Against Racial Profiling, ACLU A nr~~n~ oc.~7~ L 3~~' /~. C.J ~,! r.®~ CITY OF IOWA CITY ®~~-~ RAN D MEMO Date: February 1, 2010 To: All Support Staff to Boards/Commissions/Affiliated Foundations ~~ From: Dale Helling, Interim City Manager Re: 1. Gifts/Naming Policy 2. Scheduling Special Events The City Council is considering the following broad policy guideline with regard to the naming of public facilities. 1. No public structure or any part thereof, public feature, or other public facility may be named strictly in recognition of, or in exchange for, a monetary donation or other gift made toward the funding of said facility by an individual, organization, business or corporation, or other entity. Appropriate recognition for a philanthropic act may be made in the form of a plaque, engraving, or other suitable form of recognition in acknowledgement and appreciation of a specific gift. 2. Public facilities, with the exception of buildings, may be named after an individual of historic significance ten years or more after the individual's death. 3. All City Boards and Commissions, Departments and other City entities shall take into account these policy guidelines when conducting fund raising campaigns, naming facilities, or making naming recommendations to the City Council. As you or a member of your staff is staff liaison to a City BoardlCommission/Affiliated Foundation, please arrange to inform and discuss the above with that body. I would like feedback from each by March 31. The policy will then go back to Council for further discussion and formal consideration. A second matter relates to the scheduling of special events or forums, town meetings, etc. that Council members may be invited to or otherwise expected to attend or in which some will likely wish to participate. Many of these are created and/or sponsored by boards or commissions. Council requests that, to the greatest extent possible, these not be scheduled opposite City Council meetings. Council meeting schedules are available on the City web site. Please call me if you have any questions or need additional information. cc. Department Directors ~r~z ~P r'~-~- Notes for March 9, 2010 meeting Schedule -note proposed change (combining By-Laws and SOP review) Ordinance review -March meeting By-Laws and SOP review -April meeting Review of other Boards in other jurisdictions -May meeting (Joe) Board policy review -May meeting? Ordinance Review 1. All complaints filed with ICPD to come to PCRB (8.8.2 C) or require ICPD to give a copy of PCRB complaint form to every complainant or change ICPD complaint form to refer to PCRB complaint process 2. Sustained/not sustained -alternative of undetermined or inconclusive? (8.8.2 D 4; 8.8.2 L; and elsewhere in the ordinance) 3. Knowing the identity of the officers complained against -clearly allowed by ordinance (consider this in discussion of Board policy) (8-8-7 B.l.c and 8-8-7 B.3 and 8-8-7 C) 4. Review all complaints against any agency if action occurs within the city limits": (exclusion for State Highway Patrol? Jail? Other?) look at any use of deadly force in IC? (8.8.3AandE) 5. Deference to police chief, and PCRB standard of review ("Under the City Code of the City of Iowa City, Section 8-8-7B (2), the Board's job is to review the Police Chiefs Report ("Report") of his investigation of a complaint. The City Code requires the Board to apply a "reasonable basis" standard of review to the Report and to "give deference" to the Report "because of the Police Chiefs professional expertise", Section 8-8-7 B (2). While the City Code directs the Board to make "Findings of Fact", it also requires that the Board recommend that the Police Chief reverse or modify his findings only if these findings are "unsupported by substantial evidence", are "unreasonable, arbitrary or capricious" or are "contrary to a Police Department policy or practice, or any Federal, State or local law", Section 8-8-7 B (2) a, b, c.") 6. invite PD representative to `mediation'? (8.8.2 I; 8.8.4) -change our letter (policy) PCRB informal mediation? 8.8.5 B -change to police chief must notify complainant about informal options? invite PD representative to `name clearing' hearing? (8.8.2 D3) what if it is a statement critical of a policy, rather than of an officer?