HomeMy WebLinkAbout04-13-2010 Police Citizens Review BoardAGENDA
POLICE CITIZENS REVIEW BOARD
April 13, 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 03/09/10
• ICPD General Order 01-01 (Racial Profiling)
• ICPD Quarterly/Summary Report (Quarter 1) - IAIR/PCRB, 2010
• ICPD Use of Force Report -January 2010
• ICPD Use of Force Report -February 2010
• ICPD Department Memo #10-09 (January-February 2010 Use of Force Review)
• ICPD P.A.U.L.A. Report -March 2010
ITEM NO. 4 NEW BUSINESS
• Discussion of Conflict of Interest
ITEM NO. 5 OLD BUSINESS
• 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
• 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
• August 10, 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: April 7, 2010
TO: PCRB Members
FROM: Kellie Tuttle
RE: Board Packet for meeting on April 13, 2010
Enclosed please find the following documents for your review and comment at the next board meeting:
• Agenda for 04/13/10
• Minutes of the meeting on 03/09/10
• ICPD General Order 01-01 (Racial Profiling)
• ICPD Quarterly/Summary Report (Quarter 1) - IAIR/PCRB, 2010
• ICPD Use of Force Report -January 2010
• ICPD Use of Force Report -February 2010
• ICPD Department Memo #10-09 (January-February 2010 Use of Force Review)
• ICPD P.A.U.L.A. Report -March 2010
• Complaint Deadlines
• PCRB Office Contacts -March 2010
• Summary of Ordinance Review from March 9 meeting
• Minutes Summary of Previous Complaint Registry/Monitoring System Discussions
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.orq
DRAFT
POLICE CITIZENS REVIEW BOARD
MINUTES -March 9, 2010
CALL TO ORDER: Vice Chair Janie Braverman called the meeting to order at 5:36 p.m.
MEMBERS PRESENT: Royceann Porter, Joseph Treloar
MEMBERS ABSENT: Donald King, Vershawn Young
STAFF PRESENT: Staff Catherine Pugh and Kellie Tuttle
OTHERS PRESENT: Captain Richard Wyss, Officer David Schwindt
RECOMMENDATIONS TO COUNCIL
(1) Accept correspondence regarding Community Forum.
INTRODUCTION OF NEW MEMBER
Braverman introduced and welcome new Board member Royceann Porter.
CONSENT
CALENDAR Motion by Braverman and seconded by Treloar to adopt the 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) - *removed from consent calendar
• 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
Motion carried, 3/0, King and Young absent.
Braverman suggested for General Order 01-01 (Racial Profiling), under IV Procedures,
Complaints of Racial/Ethnic Profiling (F1) it states that the Watch Commander shall
provide them with a departmental "or" PCRB complaint form. Braverman would like to
see the "or" changed to "and" so that the citizen would get both forms. This goes along
with another suggestion under the review of the ordinance and could be discussed
together.
*Motion by Treloar, seconded by Porter to remove ICPD General Order 01-01 (Racial
Profiling) from the consent calendar and reconsider at the next meeting.
Motion carried, 3/0, King and Young absent.
Wyss explained that when a citizen comes into the department to discuss an incident
they speak with a supervisor. If it is resolved by talking with the supervisor it's
documented and considered done and taken care of. If it is not resolved to their
satisfaction and a complaint form is requested the citizen gets both the police
department form and the PCRB form along with an information sheet explaining the
difference of both processes.
PCRB
March 9, 2010
Page 2
Braverman asked how the information is complied for the ICPD Quarterly /Summary
Report - IAIR/PCRB. Whether the numbers included all citizen contacts or only the
actual number of complaints filed with the police department. Wyss thought that the
number was from the actual number of internal investigations that are open and that
many of the investigations may be initiated by law enforcement and not a citizen.
Braverman asked if Wyss could request statically what portion of the complaints are
citizen vs law enforcement initiated since the Board was more interested in the citizen
complaints.
Treloar commented on General Order 00-01 (Search and Seizure) under D (Execution of
the Search Warrant), number 13 (Concluding the Search). Treloar suggested inserting
"when possible" at the end of the first sentence pertaining to leaving the premises or
vehicle in the same general condition as originally found. Treloar was concerned that
even if you follow the law but departmental policy is broken you're still civilly liable.
Adding the additional wording would better protect the officers since it is not always
possible to leave things they way they find them.
Wyss referred back to the general order regarding Racial Profiling. He explained that
they do an annual statistical summary of persons stopped for traffic violations. The
Police Department realized this past year that they had some software issues and would
have to go back through to account for all the stops to insure the accuracy of the figures
so it will take longer than normal to compile the report and make sure the data is usable.
NEW BUSINESS Discussion of Conflict of Interest -The Board agreed to table this item until the next
meeting when all members were present.
OLD BUSINESS Community Forum -The Board reviewed and discussed the second draft summary.
Motion by Treloar, seconded by Porter to accept and forward the second draft summary
of the community forum to City Council.
Motion carried 3/0, King and Young absent.
Comprehensive Review of PCRB Ordinance, By-Laws, SOP's -Braverman handed out
an outline (archived in the March 9th meeting packet) with 7 suggestions for the Board.
The Board reviewed the ideas and Braverman will summarize the discussion and include
in the next meeting packet for further consideration.
PUBLIC
DISCUSSION None.
BOARD
INFORMATION None.
PCRB
March 9, 2010
Page 3
STAFF
INFORMATION Tuttle handed out a memorandum from Dale Helling, Interim City Manager regarding (1)
Gifts/Naming Policy and (2) Scheduling of Special Events. Tuttle noted to the Board that
the policy would probably not apply to them, but as far as scheduling special events
such as the forums, the City Council is requesting that, to the greatest extent possible,
they not be scheduled opposite City Council meetings.
TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change)
• 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
ADJOURNMENT Motion for adjournment by Treloar, seconded by Porter.
Motion carried, 3/0, King and Young absent. Meeting adjourned at 7:38 P.M.
POLICE CITIZENS REVIEW BOARD
ATTENDANCE RECORD
YEAR 2010
(Meeting Date)
NAME TERM
EXP. 1/19 2/9 2/17 3/9
Janie
Braverman 9/1/12 X NM X X
Donald King 9/1/11 X NM X O/E
Joseph
Treloar 9/1/13 X NM X X
Vershawn
Young 9/1/13 O NM X O
Royceann
Porter 9/1/12 --- --- --- X
Abigail
Yoder 9/1/12 --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- ---
KEY: X = Present
O = Absent
O/E = Absent/Excused
NM = No meeting
--- = Not a Member
I~OLICE CITIZENS REVIEW BOARD
A Board of the City of Iowa City
410 East Washington Street
Iowa City IA 52240-1826
(319)356-5041
March 10, 2010
Iowa City City Council
City of Iowa City
410 E Washington St
Iowa City, IA 52240
Re: November 18, 2009 Police Citizen Review Board Community Forum
To Whom It May Concern:
The second annual Police Citizen Review Board Community Forum was held at 7:00 pm
on Wednesday, November 18, 2009, in Emma J. Harvat Hall, 410 E. Washington Street. The
purpose of this letter is to summarize the Community Forum and to set forth the PCRB's report
and recommendations to the City Council. A copy of the transcript of the Community Forum is
available from the City Clerk.
The meeting was called to order at 7:00 pm by Don King, Chair. Other members present
were Janie Braverman, Joseph Treloar (7:14) and Vershawn Young. Abbie Yoder was absent.
Catherine Pugh, Legal Counsel; Kellie Tuttle, Staff; and Sam Hargadine, Chief of Iowa City
Police Department, were also present. We are pleased that Mayor Regenia Bailey also attended.
Mr. King announced that copies of the following were available at the door: (i)
applications for the 13`~ Annual Citizens Police Academy, (ii) the PCRB complaint form and
information sheet, and (iii) the Iowa City Police Department's written Use of Force Policy,
General Order O5.
The board members introduced themselves, then Mr. King presented an overview of the
PCRB. In addition to describing the PCRB's charge and jurisdictional limits, he reported that
during fiscal year July 2008 to June 2009, nine (9) complaints were filed with thirty-three (33)
allegations. Of those allegations, thirty-two (32) were not sustained and one (1) was sustained.
At the request of the PCRB, Chief Hargadine then gave a presentation on the Iowa City
Police Department's Use of Force Policy.
Approximately nine (9) members of the public attended. Six (6) residents of Iowa City
spoke during the public discussion with the PCRB, including one (1) Iowa City Police
Department officer, who spoke as a private citizen. Their comments and questions can be
summarized as follows, with the PCRB's comments following in italics:
1. Location and Format of Community Forum. There appeared to be a consensus
among those speaking that the PCRB should hold future forums in differing venues, going to the
neighborhoods rather than asking the residents to come to City Hall. There was also a specific
request to focus the forum on public discussion rather than presentations by either the PCRB or
the ICPD or, at the least, to have the presentations at the end of the forum, rather than the
beginning. There was also a suggestion that better publicity was needed.
The PCRB concurs that better public attendance at the forums and better public access to
thePCRB is desirable. The PCRB intends to schedule future forums in other locations in the
.future and will seek citizen questions prior to the forum, so that we may be better prepared to
answer those questions. One forum that the PCRB is considering would be held in one of the
southeast Iowa City neighborhoods and would focus on the new juvenile curfew ordinance.
The PCRB will attempt to make PCRB complaint forms available at locations other than
the City Clerk's officer and/or the ICPD, such as the community centers and the public libraries.
The PCRB will also post this letter on the City website
2. Use of Force. There was lengthy discussion about the ICPD's Use of Force
Policy. Questions included whether the police offers were armed with too much weaponry;
whether less lethal force could be used other than shooting for center body mass -such as
shooting for other body parts or firing warning shots; whether police officers should be given the
benefit of the doubt in the event of the lethal use of force; whether police officers have any
discretion in the use of lethal or less lethal force; whether a person with a knife is a real threat to
a police officer armed with a gun.
Training and education were discussed. Several people talked about the value of training,
education and more interaction with the community on the part of the ICPD. Concerns were
raised about the racial and class overtones of some of the tension in parts of Iowa City. Mr. King
mentioned the new Community Crime Prevention Officer.
There was discussion as to the source of various portions of the Use of Force policy -
local ordinances, state law and federallaw as interpreted by the United States Supreme Court -
and what it would take to make changes to the policy.
Dr. Young pointed out that part of the PCRB's charge is to look at policy so that even if
an officer does nothing that is contrary to policy, the PCRB will look at whether the policy is
appropriate or should be changed.
The PCRB encourages the ICPD to continue its efforts in public education through the
Community Crime Prevention Officer and other efforts.
2
3. Counseling Following Use of Force. In his presentation, Chief Hargardine stated
that he had the discretion to send officers involved in use of force resulting in death or serious
injury to post-traumatic stress counseling. One resident asked if the PCRB had any information
on how many, if any, officers had been sent to counseling.
The PCRB inquired of the Police Chief and was told that the information is a personnel
matter and could not be disclosed.
4. ICPD Priorities. One resident asked specifically how one would register any kind
of opinion about how enforcement priorities are set for the ICPD, whether it would be the PCRB,
the City Council, the Police Chief, and/or the City Manager. This is a question that has been
raised to the PCRB in the past.
The PCRB supports and concurs with the Mission Statement and Department Goals and
Objectives of the ICPD as set forth in General Order 95-02, which is available for review at
huP~//w~~w is ~~ ~~ org~si~eiC'M~Sv2/File%alrce/generalOrders/~enorder5.pclf~ The PCRB believes
that any complaints regarding the Goals and Objectives or allocation of resources should be
directed to and answered by the Ciry Council.
5. Ammunition Restrictions. One resident asked about ICPD policies with regard to
ammunition, expressing a specific concern about the use of hollow point bullets.
General Order Number 00-08, Weapons, describes ICPD policy with regard to weapons
and ammunition. The PCRB will send a copy of that General Order to the resident who
inquired. A copy is also available for review at
http ;~/n~~~w icaov or 7'site/CM.Sv2~File%lice%eneralOrders/,~enor•derl ~. pdf
6. PCRB Past Performance. One resident asked whether, in light of the fact that
thirty-two (32) out of thirty-three (33) complaints in the last fiscal year were held to be not
sustained, the PCRB is doing its investigative job.
The PCRB has discussed dais question. Our board is composed of a diverse group of
citizens of Iowa City who bring a broad range of experience and perspective to bear on the
matters before us. We believe that the time we spend on each Complaint, as well as the level of
review regarding each Complaint, is appropriate, and that our work as a Board, rather than
statistics about our,findings, is the measure of how we are doing our investigative job.
The PCRB is available to discuss any of the foregoing, should the City Council wish.
Sincerely,
~~
Donald Kin hair
Police Citizens Review Board
cc: Chief Sam Hargadine, ICPD
MEMORANDUM
T0: File
FROM: Captain Johnson, Field Operations
RE: uarterl /Summary Report (Quarter 1)- IAIR/PCRB, 2010
DATE: April 5, 2010
Attached you will find the 2010 Quarterly Report, (quarter 1), for the Iowa City
Police Department Internal Affairs/Police Citizen's Review Board investigative
file.
cc: PCRB
Chief Hargadine
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I.A.I. #:10-01 PCRI3#: 10-01
Incident Date• 2/6/10 Incident Time: 11:40PM
Location: 600 blk. Hwy 6 East Date Assigned: 2112/10
Allegation:
1) Excessive force
2) Improper Conduct
Disposition:
1) Pending
2 Pending
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DEPARTMENT MEMO #10-09
TO: Chief Hargadine
FROM: Captain R. D. Wyss
RE: January- February 2010 Use of Force Review
DATE: 30 March 2010
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The "Use of Force Review Committee" met on March 11th, 2010. It was composed of
Captain Wyss, Sgt. Hurd and Sgt. D. Brotherton.
For the review of submitted reports in January, 25 Officers were involved in 12 separate
incidents requiring use of force involving 16 individuals. In February, 28 Officers were involved
in 15 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.
Of the 27 incidents over the two month period, 8 Officers had drawn sidearm or
displayed weapons and one of those was for the destruction of an animal. There were four
separate incidents that required a display of weapon response.
OC was deployed on one occasion, and in five incidents a Taser was discharged. On six
separate occasions, a Taser was displayed which resulted in compliance without deployment.
One incident involved the deployment of a K-9 to apprehend a fleeing suspect. There was one
vehicular pursuit involving one Officer during this time period.
Of the 27 incidents reviewed, 6 suspects sustained a superficial injuries and one incident
resulted in an injury to a suspect requiring medical attention (treated and released). No Officer
injuries were documented during this reporting period.
Two incidents were referred back to a supervisor to clarify circumstances in which
individual officers need to submit reports.
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 -March 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] 7 9 20 31 1.550
Airliner [223] 1 0 5 3 0.600
American Legion [140] 4 0 8 0 0.000
Aoeshe Restaurant [156]
Atlas World Grill [165]
Blackstone (297]
Bluebird Diner [82]
Blue Moose [436] 3 1 8 8 1.000
Bob's Your Uncle [260*]
Bo-James [200] 1 0 4 0 0.000
Bread Garden Market & Bakery [?]
[It's] Brothers Bar & Grill [556] 9 3 18 6 0.333
[The] Brown Bottle [289]
Buffalo Wild Wings Grill & Bar [189]
Caliente Night Club [498] 0 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 2 0 0.000
Colonial Lanes [502]
Dave's Foxhead Tavern [87]
David's Place (aka Dawit's) [73]
DC's [120] 2 0 5 1 0.200
_
[The] 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] i
EI Banditos [25]
EI Dorado Mexican Restaurant [104]
[BPO] Elks #590 [205]
EI Ranchero Mexican Restaurant [161]
Englert Theatre [838]
[The] Field House (aka Third Base) (420] 5 11 17 56 3.294
Firewater [114]
1 -__.
0 __
1
0
0.000
Formosa Asian Cuisine [149] 0 0 2 0 0.000
George's Buffet (75]
Givanni's [158]
Godfather's Pizza (170]
Graze [49]
Grizzly's South Side Pub [265] 3 0 6 0 0.000
Guido's Deli [20]
Hawkeye Hideaway [94]
[The] Hilltop Lounge [90]
IC Ugly's [72] 0 0 1 0 0.000
India Cafe [100]
Jimmy Jack's Rib Shack [71]
JObSlte [120] (formally known as Kandyland) 3 0 5 0 0.000
oe's Place [281]
J 1 0 3 0 0.000 `c"7
_
Joseph's Steak House [226] ~, o
Kamodo Klub [144] ; '~~ ~`' -'~' "
Karaoke La Reyna [78] ~ -`"''--- ..c7
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La Reyna [49]
Linn Street Cafe [80]
Los Portales 161]
Martini's [200] 0 0 1 0 0.000
Masala [46]
Mekong Restaurant [89]
Micky's [98]
[The] Mill Restaurant [325]
[Lo al Order of] Moose [476]
[Sheraton] Morgan's [231]
Motley Cow Cafe [82]
Okoboji Grill [222]
Old Capitol Brew Works [294]
One-Eyed Jake's [299] 3 5 7 15 2.143
One-Twent -Six 105]
Orchard Green Restaurant [200]
Oyama Sushi Japanese Restaurant [87]
Pagliai's Pizza [113]
-
Panchero's (Clinton St) [62]
Panchero's Grill (Riverside Dr) [95] ~
Piano Lounge [65] _ _ _
[The] Picador [261] 0 0 1 0 0.000
Pints [180] 4 0 10 1 0.100
Pit Smokehouse [40] _
Pizza Hut [116]
Pizza Ranch [226]
Quality Inn/Highlander [971]
Quinton's Bar & Deli [149] 0 0 1 0 0.000
[The] Red Avocado (47]
Rick's Grille & Spirits [120]
Riverside Theatre [118j
Saloon [120]
Sam's Pizza [174] 0 0 1 0 0.000
[The] Sanctuary Restaurant (132]
Shakespeare's [90] 2 0 4 0 0.000
Short's Burger & Shine (56] 0 0 1 ~ 0 0.000
Slippery Pete's [178] 2 0 3 0 0.000
Sidelines [200] 0 0 1 0 0.000
Sports Column [400] 2 0 13 22 1.692
Studio 13 [206] 1 0 2 0 0.000
[The] Summit [736] 6 14 18 55 3.056
Sushi Popo [84J
Takanami Restaurant [148]
TCB [250] 1 0 7 0 0.000
Thai Flavors [60]
Thai Spice [91]
Times Club @ Prairie Lights [60] _ __ __
_
T. Spoons [102]
Union Bar [854] 2 1 14 11 0.786
VFW Post #3949 [197]
[The] Vine Tavern [170] 1 0 2 0 0.000
Vito's [320] 2 0 6 0 0.000
Wig & Pen Pizza Pub [154]
[Iowa City] Yacht Club [206] 1 1 1 1 1.000
Zio Johno's Spaghetti House [94]
Z'Mariks Noodle House 47
Totals: 68 45 206 210 1.019
Other PAULA at non-business locations: 5 20 o
PAULA Totals: 50 230 _
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OPS-17.1
RACIAL
PROFILING
Date of Issue General Order Number
Janua 10, 2001 01-01
Effective Date Section Code
Februa 12, 2010 OPS-17
Reevaluation Date Amends /Cancels
February 2011
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INDEX AS: °~'~ m
Racial Profiling Search and Seizure ~=~ -
Complaints Traffic Stops,-~
Supervisor Responsibilities Arrests c~
Warrants Discipline
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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~.
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B. Traffic enforcement shall be accompanied by consistent, ongoi~r~~-_su~visdi'y~
oversight to ensure that officers do not go beyond the parameters of rea"sa~ blL~ess~
conducting such activities. ^ --.~~, -' ~
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1. Officers shall cause accurate statistical information to be recorded~n~ccv danca~
with departmental guidelines. ~ ~''
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2. The deliberate recording of any inaccurate information regarding a rp'erson
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.
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1. Training programs will emphasize the need to respect the t .~.
citizens to be free from unreasonable government intrusiot~~i` pnZce ~"
action. ~~~ y, ~'~
COMPLAINTS OF RACIAL/ETHNIC PROFILING`:: _ ~
~~ _
Any person may file a complaint with the department if they feel they I~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. N
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IOWA CITY POLICE DEPARTMENT
USE OF FORCE REPORT
January 2010
Ofc # Date Inc # Incident Force Used
2010-
45,7, 1-01 00054 Out w/Subject Officers used hands-on control techniques to
41 arrest a resistive sub~ect for ublic intoxication.
21 1-08 01002 Assist Officer discharged a taser on a combative,
Other assaultive subject being taken into custody by
A enc the De artment of Corrections.
29 1-10 01183 Suspicious Officer engaged in a vehicle pursuit with a
Activit subject threatenin to harm himself.
30 1-1 1 01425 Out w/Subject Officer released the K-9 on a fleeing subject
believed to be armed and Navin active warrants.
40,57 1-11 01426 Fight Officer used hands-on control and discharged a
taser on a combative, assaultive subject during
arrest.
15,51 1-21 03352 Assault Officers used hands-on control techniques to
arrest a resistive subject attempting to harm
himself.
29,8, 1-21 03147 Suspicious Officers displayed firearms during a search of a
60,51, Activity residence regarding a possible burglary in
93 ro ress.
42,32 1-24 03836 Suspicious Officers displayed a firearm and trier during a
Activity search of a residence after hearing a woman in
distress.
15,32, 1-28 04743 Domestic Fight Officers displayed a patrol rifle and a sidearm to
48 execute an arrest on a subject known to go
armed who had been involved in a domestic
fi ht.
31 1-31 05164 Intoxicated Officer used hands-on control techniques to
Subject arrest a resistive sub~ect for ublic intoxication.
18,40 1-31 05149 Fight Officer used hands-on control techniques to
arrest a sub~ect en a ed in a h sical altercation.
12,34 1-31 05207 Suicidal Subject Officers displayed a firearm and deployed trier
on a subject threatenin suicide with a knife.
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USE OF FORCE REPORT ~w ~'
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February 2010 ~~" " ~:-.
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Ofc # Date Inc # Incident Force Used "~
2010-
18,20 2-06 06436 Fight Officers used hands-on control techniques to
arrest an assaultive and resistive subject.
20,22 2-06 06247 Traffic Stop Officers used hands-on control techniques to
arrest a combative and resistive subject.
55 2-07 06462 Fight Officer deployed a trier on a subject who was
assaultive towards the officer and others.
85,60, 2-07 06457 Out w/Subject Officer used hands-on control techniques and
8,43, deployed a trier to arrest an assaultive and
resistive subject who had been in a fi ht.
29,31 2-08 06622 Suspicious Officers used hands-on control techniques to
Activity arrest a resistive subject who was intoxicated
and attem tin to enter another's a artment.
59,24 2-1 1 07466 Traffic Stop Officers used hands-on control and take-down
techniques to arrest a resistive subject after the
subject fled on foot from a traffic sto .
8,1,42 2-12 07499 Out w/Subject Officers used hands-on control and take-down
techniques to arrest an intoxicated and resistive
subject.
7,32 2-13 10726 Fight Officers used hands-on control and take-down
techniques to stop a subject actively involved in
a h sical altercation.
7,32 2-13 07699 Fight Officers used hands-on control and take-down
techniques to stop a subject actively involved in
a h sical altercation.
84 2-17 08409 Fight Officer used hands-on control and take-down
techniques to stop 3 subjects actively involved in
a h sical altercation.
55,56 2-19 08908 Theft Officers used hands-on control and take-down
techni ues to arrest a resistive subject.
15 2-24 09664 Injured Deer Officer used sidearm to dispatch an injured
deer.
21 2-25 09921 Suicidal Subject Officer displayed a taser and pointed the red dot
at a subject who had threatened suicide b knife
2 2-25 09845 Armed Subject Officer drew sidearm to cover a subject being
searched for weapons after reports the subject
was armed with a knife.
43,29 2-26 10004 Bar Check Officers used hands-on control techniques to
arrest a resistive subject who had attempted to
flee officers during a PAULA investigation.
April 13, 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
May 11, 2010
June 8, 2010
July 13, 2010
August 10, 2010
POLICE CITIZENS REVIEW BOARD
OFFICE CONTACTS
March 2010
Date Description
3-26-10 Individual phoned regarding procedure to file a complaint.
Directed to website and individual will fax form directly to our
office.
Summary of Ordinance Review -Notes from March 9, 2010 meeting
Board members present: Joe Treloar, Royceann Porter and Janie Braverman
Staff present: Catherine Pugh and Kellie Tuttle
Others present: Captain Rick Wyss and Officer David Schwindt
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 Treloar)
Board policy review -May meeting?
Ordinance Review
Note: As this was Royceann Porter's first meeting as a member of the PCRB, her participation
was somewhat limited because of her lack of familiarity with the PCRB.
The board actively solicited input from Captain Wyss and Officer Schwindt.
Items in italics are from the Ordinance Review checklist provided by Janie Braverman at the
January meeting. One additional item for discussion at the next board meeting has been added at
the end as item 8.
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
Joe Treloar asked for input from the Police Chief regarding any requirement that all complaints
filed with ICPD also come before the PCRB. Officer Schwindt asked if the board was
considering that the ICPD would have to hand complaint forms to any citizen who walked in to
talk to the police about any issues or questions. The board is only concerned with issues where
the citizen goes on to file a written complaint. The board concurred that it would not be good
policy for the ICPD to begin its discussions with citizens by handing over complaint forms.
There was an extensive discussion of the actual process used by the ICPD when a written
complaint is made and the types of complaints. Currently, both forms are provided, with a cover
sheet (which has been reviewed by the board) explaining the difference between the two types of
complaints. ICPD periodically reports to the PCRB and the Council how many complaints (both
PCRB and non-PCRB) are filed and the results of the investigations. The board noted that many
more complaints are filed with the ICPD than the PCRB sees.
The board concurred that the PCRB does not want to view complaints related to on-going
criminal investigations. There was also discussion about how many complaints are brought by
law enforcement (rather than citizens). There may other categories of complaints not brought by
citizens. Captain Wyss will look into whether that information is available and report back to the
board.
Janie Braverman reported that she had been told by a citizen of one incident of a complainant
being discouraged by an ICPD officer from making a PCRB complaint. She will provide further
information to Captain Wyss.
Captain Wyss said that some citizens might choose to keep their complaint as private as possible.
He pointed out that even if a complainant doesn't initially file with the PCRB that they could do
so later. There might, however, be a timing issue if the filing is too late to meet the PCRB's
jurisdictional requirements.
One suggestion to consider is to have any ICPD complaint come to the PCRB unless the
complaining citizen elects not to include PCRB review.
The board tabled its review of the General Order related to Racial Profiling, pending a
recommendation on this matter. The board may want to recommend that ICPD always provide a
PCRB complaint form when it provides and ICPD complaint form. [See page 3, Complaints,
paragraph 1, regarding complaint forms.]
2. Sustained/not sustained -alternative of undetermined or inconclusive? (8.8.2 D 4; 8.8.2
L; and elsewhere in the ordinance)
The board concurred that it would like to see the available responses expanded. ICPD uses the
following:
Sustained
Inconclusive/undetermined (i.e., insufficient evidence)
Unfounded
Policy failure (where the officer acted within policy, but there is a problem with
the policy itself)
Exonerated.
There was some discussion of how ICPD uses these categories. The board will be
recommending that additional responses be made available under the ordinance, whether it is
these categories or others.
3. Knowing the identity of the officers complained against -clearly allowed by ordinance
(consider this in discussion of Board policy)
(8-8-7 8.1. c and 8-8-7 B. 3 and 8-8-7 C)
The board will reconsider keeping a registry of sustained complaints by identifying number so
that the board can report to the Council if there is a pattern of sustained complaints against a
single officer. The consensus of the board appears to be that the board will continue to review
all complaints without any identification of the individual officer(s) involved.
2
The ordinance, as amended, does provide the PCRB with subpoena power. It is not clear
whether that power would allow the PCRB to subpoena an ICPD officer. The board is not
currently pursuing resolution of that question.
4. Review all complaints against any agency if action occurs within the city limits ":
(exclusion for State Highway Patrol? .Tail? Other?)
look at any use of deadly force in IC?
(8.8.3 A and E)
The board concurred that review of complaints against the personal of other agencies should
remain beyond the scope of the PCRB. While it is unclear what jurisdiction ICPD officers have
to, for example, arrest a Johnson County Sheriff's Deputy for committing criminal acts at the
jail, Captain Wyss and Officer Schwindt both agreed that if an ICPD officer saw criminal
behavior the officer would intervene.
5. Deference to police chief, and PCRB standard of review ("Under the City Code of the City
of Iowa City, Section 8-8-78 (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 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 mods 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. ")
Any change to this portion of the ordinance would be a major change in the structure and charge of
the PCRB. Currently the PCRB reviews the reports of the Police Chief. The ACLU model
provides for a fully independent review board that would handle its own investigations. Joe Treloar
asked for more time to review the ACLU materials provided.
6. invite PD representative to `mediation'? (8.8.2 I,' 8.8.4) -change our letter (policy)
PCRB informal mediation?
8.8. S B -change to police chief must note complainant about informal options?
The board concurred that it should not continue to send out the mediation letter as it is currently
written. Current practice is that ICPD officers do not agree to mediation. Captain Wyss said that he
wouldn't say that there is no possibility of there ever being mediation. The board would like to
keep the option of mediation, but change the letter to reflect that if the complaining citizen would
like to try mediation, the board would ask the officer, rather than affirmatively stating that mediation
is available. Catherine Pugh will draft revisions to the letter for the board's review.
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?
So far, no officer has ever attended aname-clearing hearing. The board believes that one reason
for that is that the officers prefer not to have it publicly known that they have been named in a
complaint. The board would like to afford the officer the opportunity to have a union or other
representative and/or the department respond at aname-clearing hearing before the board issues
a report critical of an individual officer. Officer Schwindt pointed out that the option should
belong to the officers (not to the department) whether or not to send a representative to a name-
clearing hearing.
The board also would like to afford the department the opportunity, in executive session, to
discussion any report where the board is going to be critical of department policy. The board
believes it will be helpful to both the department and the board to be able to have policy
discussions in the context of specific complaints. This would be, in effect, a `name-clearing
hearing' for the department at the policy level.
Catherine Pugh will look at the ordinance to see what revisions would have to be made to allow
those kinds of discussions to happen in executive session.
change the name of the board to Citizen's Police Review Board to better describe to the
public the purpose of the board
4
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Minutes Summary of Previous Complaint Registry/Monitoring System Discussions
November 18, 2008
Complaint Registry/Monitoring System -The Board discussed the possibility of a
monitoring system to track by Anonymous Office Number those complaints which are
sustained by the PCRB. There was discussion on whether this information would sway
the Board in their decision when reviewing a complaint and also of what use the
information from this monitoring system would be. The Board agreed that they would like
more time to discuss this issue and the topic will be continued at the next meeting.
January 13, 2009
Complaint Registry/Monitoring System -The Board requested that the officer identifiers
in the Chief's report to the Board be changed to alpha only (ie, Officer A, Officer B, etc).
Captain Wyss will speak to the Chief regarding this request. The Board then agreed to
keep a registry of sustained allegations only. The report will include incident date, officer
identifier #, and the sustained allegation. When there is a sustained allegation, the Board
will request an identifying # for the officer from the Police Chief, and then enter the
information on the report. Captain Wyss will look into identifier numbers for the officers.
From this point forward the Board will review the report quarterly and in the event of
multiple sustained complaints against a particular officer, the Board would forward the
report to the City Council.
Motion by Braverman, seconded by King to start a complaint registry/monitoring system
for sustained complaints only as described. Motion carried 4/1, Roth no.
The Board will revisit this item at the February meeting to discuss the draft report and the
additional details Captain Wyss is checking on.
February 10, 2009
Complaint Registry/Monitoring System -Wyss reported that the request to change the
Chief's report to the Board regarding the officer identifier switching to alpha (ie Officer A,
Officer B) was not an issue and could be done. There was some concern about
maintaining a registry over long-term. The Police Chief had expressed that he wanted to
meet with the Chair of the Board about this issue. One of the main concerns is that there
is no time limit on the registry. For example if an officer has a 30 year career, the report
could go back 20-25 years with a sustained complaint. The other issue is that there is no
correlation between the disciplinary action and the allegation made. So when the Board
would receive the report it would have the sustained allegation, but it would not and could
not have what the disciplinary action was. The report would be painting a fairly broad
picture without a lot of information in it. Roth asked if the police department had a time
criteria for personnel files that they used for complaints/allegations that go into an officers
file. Wyss stated a minor infraction stays in the file for one year and at that time they're
removed and can not be used for any future discipline. Anything above that, any major
infraction, would be maintained in the officers file permanently and can be used to
determine future disciplinary action. The Board briefly discussed having a similar system
where they could remove minor infractions. King pointed out that since the sustained
allegation was based only on PCRB complaints and did not include the complaints that
went through the police department that the report was not a complete picture of
sustained allegations. The Board agreed to table the discussion so the Chair could have
a chance to speak to the Police Chief regarding the Chief's concerns. Yoder suggested
adding a disclaimer to the bottom of the Sustained Allegation report stating that it
information only reflects complaints filed with the PCRB. Pugh will draft language to be
added to the report. Tuttle mentioned to the Board that the Standard Operating
Procedures will need to be altered accordingly to reflect their request in the change with
the Chief's report. Larson asked if there was any information on the NACOLE website
regarding this type of reporting and asked if Tuttle could look into it.
March 10, 2009
Complaint Registry/Monitoring System -Larson reported that he had spoken with the
Police Chief regarding his concerns and also to the City Manager. In reviewing City
Code Chapter 8 the following sections made some type of reference to either a reporting
or monitoring system, or a central registry: 8-8-2(B), 8-8-2(D)(1), 8-8-2(N), and 8-8-
7(C)(1). Larson pointed out that he could not find a reference to tracking sustained
allegations/complaints. The Board discussed citizen interest during the public forum in
having the PCRB tracking officers with multiple sustained complaints, ways to increase
the information on the annual report that goes to the City Council, the incomplete
information if the Board were to compile a sustained allegation report which would not
include complaints directly to the Police Department and the usefulness of an incomplete
report.
Motion by Yoder, seconded by King not to keep a complaint registry/monitoring system
for sustained complaints naming police officers or any other way identifying them.
Motion carried, 3/1, Braverman voting no, Larson abstaining
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Notes for April 13, 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 Treloar)
Board policy review -May meeting?
Ordinance Review
See notes from March 9, 2010, including one additional matter.
By-Laws Review
exparte contacts - is this in keeping with other City boards?
(Article V, Section 10)
2. voting -must have record of why abstaining
(Article V, Section 12)
3. recommend attendance at Police Citizen's Academy?
4. absences -three consecutive or four in the course of a period of time`s
(Article III, Section 3)
SOP Review
1. Would need revisions regarding the name-clearing hearing (see notes on Ordinance
review)
2. Note Section V.A. -reserved right to identify officer(s) by name in a,sustained complaint
3. Note Section VII.B. -annual report may include recommendations to amend Ordinance
4. Note Section MILE. -contacts and requests for information to be in writing. Is this
consistent with other boards?