The URL can be used to link to this page

Home My WebLink About07-21-2010 Police Citizens Review BoardAGENDA POLICE CITIZENS REVIEW BOARD July 21, 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 05/11/10 • Minutes of the meeting on 06/24/10 • Minutes of the meeting on 07/13/10 • ICPD General Order #08-01 (Conducted Energy Devices) • ICPD General Order #99-09 (Vehicle Crashes) • ICPD Quarterly/Summary Report (Quarter 2) - IAIR/PCRB, 2010 • ICPD Department Memo #10-15 (March-April 2010 Use of Force Review) • ICPD Use of Force Report -March 2010 • ICPD Use of Force Report -April 2010 • ICPD P.A.U.L.A. Report -May 2010 • ICPD P.A.U.L.A. Report -June 2010 ITEM NO. 4 CONSIDER REQUEST FROM PCRB LEGAL COUNSEL FOR FEE INCREASE EFFECTIVE SEPTEMBER 1, 2010 ITEM NO. 5 NEW BUSINESS • PCRB Annual Report ITEM NO. 6 OLD BUSINESS • Update Forms • Comprehensive Review of PCRB Ordinance, By-Laws, SOP's • Motion to accept ICPD General Order 01-01 (Racial Profiling) ITEM NO. 7 PUBLIC DISCUSSION ITEM NO. 8 BOARD INFORMATION PCRB-Page 2 July 21, 2010 ITEM NO. 9 STAFF INFORMATION ITEM NO. 10 CONSIDER MOTION TO ADJOURN TO EXECUTIVE SESSION based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. ITEM NO. 11 MEETING SCHEDULE and FUTURE AGENDAS • August 10, 2010, 5:30 PM, Lobby Conference Rm • September 14, 2010, 5:30 PM, Lobby Conference Rm • October 12, 2010, 5:30 PM, Lobby Conference Rm • November 9, 2010, 5:30 PM, Lobby Conference Rm ITEM NO. 12 ADJOURNMENT MEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City DATE: July 15, 2010 TO: PCRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on July 21, 2010 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 07/21/10 • Minutes of the meeting on 05/11/10 • Minutes of the meeting on 06/24/10 • Minutes of the meeting on 07/13/10 • ICPD General Order #08-01 (Conducted Energy Devices) • ICPD General Order #99-09 (Vehicle Crashes) • ICPD Quarterly/Summary Report (Quarter 2) - IAIR/PCRB, 2010 • ICPD Department Memo #10-15 (March-April 2010 Use of Force Review) • ICPD Use of Force Report -March 2010 • ICPD Use of Force Report -April 2010 • ICPD P.A.U.L.A. Report -May 2010 • ICPD P.A.U.L.A. Report -June 2010 • Request from PCRB Legal Counsel for fee increase • PCRB Annual Report -DRAFT • Complaint Deadlines • PCRB Office Contacts -May 2010 • PCRB Office Contacts -June 2010 • Extension request to City Council regarding PCRB Complaint #10-01 • Updated Board Member Contact List 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 CALL TO ORDER: MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: POLICE CITIZENS REVIEW BOARD MINUTES -May 11, 2010 Chair Donald King called the meeting to order at 5:30 P.M. Janie Braverman, Royceann Porter (5:34p), Joseph Treloar Vershawn Young Staff Catherine Pugh and Kellie Tuttle Captain Richard Wyss and Officer David Schwindt of the ICPD RECOMMENDATIONS TO COUNCIL None. INTRODUCTION OF NEW MEMBER King announced that Peter Jochimsen was appointed by the City Council at the May 10tH meeting and that his term would begin July 1. CONSENT CALENDAR Motion by Braverman and seconded by Treloar to adopt the consent calendar as presented or amended. • Minutes of the meeting on 04/13/10 • Minutes of the meeting on 04/15/10 • ICPD SOG#10-01 (Spanish Language Education) • ICPD General Order #99-05 (Use of Force) • ICPD P.A.U.L.A. Report -April 2010 Motion carried, 3/0, Porter and Young absent. King wanted to clarify that in General Order 99-05 (Use of Force), section V (Procedures - Less Lethal Force), item D that if a person is actively combative, medical treatment would not be offered. Wyss stated that if it was for a chemical irritant only, treatment is not offered unless the person is non-combative. In the same section under item C(3) Treloar wanted to know why nylon leg restraints were used instead of metal ones. Wyss explained that the metal ones were not available to them and that the nylon is easier to use. NEW BUSINESS Discussion of Conflict of Interest -Pugh went over abstaining if you have a conflict of interest. If a Member has a conflict of interest, they may abstain from the vote but they must give the reason for the conflict. Pugh also noted that the Board does not have a mechanism to force a Member to vote if they do not have a valid reason to abstain. Pugh explained what City Council has in place for such cases. Any changes the Board would want to make would be a by-law change and would have to get City Council approval. Update Complaint Forms -The Board discussed making the complaint forms and information available more user friendly so that the Board gets all the information they need when the complaint is filed. Braverman suggested explaining personal knowledge PCRB May 11, 2010 Page 2 somewhere on the form and offer assistance on filling out the form. King and Treloar will work on making some changes and bring them back to the Board at its next meeting. OLD BUSINESS Comprehensive Review of PCRB Ordinance By-Laws, SOP's -Pugh revised the mediation letters that go to the Chief, Officer, and complainant so that the message is clearer that all parties must agree before mediation can take place. Treloar did some research on other review Boards. The information will be e-mailed to Members for discussion at the next meeting and available on the City website. Motion to accept ICPD General Order 01-01 (Racial Profiling) -Braverman suggested carrying this over until July until the final decisions are made to any suggested changes on the ordinance, by-law, or SOP. PUBLIC DISCUSSION None. BOARD INFORMATION None. STAFF INFORMATION None. EXECUTIVE SESSION Motion by Treloar and seconded by Porter to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 4/0, Young absent. Open session adjourned at 6:07 P.M. REGULAR SESSION Returned to open session at 6:16 P.M. Motion by Braverman, seconded by Treloar to request 30-day extension for PCRB Complaint #10-01, due to timelines and scheduling. Motion carried, 4/0, Young absent. PCRB May 11, 2010 Page 3 TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • 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 • September 14, 2010, 5:30 PM, Lobby Conference Rm King will have to check his schedule in August to see if there's a conflict. The Board will be one member short in June. With Young preparing to move he will not be available for the meeting. ADJOURNMENT Motion for adjournment by Treloar, seconded by Braverman. Motion carried, 4/0, Young absent. Meeting adjourned at 6:21 P.M. POLICE CITIZENS REVIEW BOARD ATTENDANCE RECORD YEAR 2010 (Meeting Datel NAME TERM EXP. 1/19 2/9 2/17 3/9 4/13 4/15 5/11 Janie Braverman 9/1/12 X NM X X X X X Donald King 9/1/11 X NM X O/E X X X Joseph Treloar 9/1/13 X NM X X O X X Vershawn Young 9/1/13 O NM X O O/E X O/E Royceann Porter 9/1/12 --- --- --- X X X X Abigail Yoder 9/1/12 --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting --- = Not a Member DRAFT POLICE CITIZENS REVIEW BOARD MINUTES -June 24, 2010 CALL TO ORDER: Chair Donald King called the meeting to order at 12:02 P.M. MEMBERS PRESENT: Royceann Porter, Joseph Treloar MEMBERS ABSENT: Vershawn Young STAFF PRESENT: Kellie Tuttle OTHERS PRESENT: None RECOMMENDATIONS TO COUNCIL None. EXECUTIVE SESSION Motion by Treloar and seconded by Porter 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, 3/0, Young absent. Open session adjourned at 12:03 P.M. REGULAR SESSION Returned to open session at 12:29 P.M. Motion by Treloar, seconded by Porter to set the level of review for PCRB Complaint #10-01 to 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. Motion carried, 3/0, Young absent. Motion by Treloar, seconded by Porter to direct staff to request additional information from the Police Chief regarding PCRB Complaint #10-01. Motion carried, 3/0, Young absent. PCRB June 24, 2010 Page 2 TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • July 13, 2010, 5:30 PM, Lobby Conference Rm (Rescheduled to July 21, 2010) • July 21, 2010, 5:30 PM, Lobby Conference Rm • August 10, 2010, 5:30 PM, Lobby Conference Rm • September 14, 2010, 5:30 PM, Lobby Conference Rm • October 12, 2010, 5:30 PM, Lobby Conference Rm Motion by Porter, seconded by Treloar to move the July 13th meeting date to July 21St due to report deadlines. Motion carried, 3/0, Young absent. ADJOURNMENT Motion for adjournment by Porter, seconded by Treloar. Motion carried, 3/0, Young absent. Meeting adjourned at 12:33 P.M. POLICE CITIZENS REVIEW BOARD ATTENDANCE RECORD YEAR 2010 (Meeting Datel NAME TERM EXP. 1/19 2/9 2/17 3/9 4/13 4/15 5/11 6/8 6/18 6/24 Janie Braverman 9/ 1 / 12 X NM X X X X X NM --- --- --- --- --- --- --- --- --- --- Donald King 911/11 X NM X O/E X X X NM NM X Joseph Treloar 9/1/13 X NM X X O X X NM NM X Peter Jochimsen 9/ 1 / 13 --- --- --- --- --- --- --- --- --- --- Royceann Porter 9/1/12 --- --- --- X X X X NM NM X Abigail Yoder 9/1/12 --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- Vershawn Young 9/1/13 O NM X O 0/E X O/E NM NM O/E --- --- --- --- --- --- --- --- KEY: X =Present O =Absent O/E = Absent/Excused NM = No meeting --- = Not a Member DRAFT POLICE CITIZENS REVIEW BOARD MINUTES -July 13, 2010 CALL TO ORDER: Chair Donald King called the meeting to order at 12:05 P.M. MEMBERS PRESENT: Joseph Treloar, Peter Jochimsen MEMBERS ABSENT: Royceann Porter STAFF PRESENT: Kellie Tuttle OTHERS PRESENT: None RECOMMENDATIONS TO COUNCIL None. EXECUTIVE SESSION Motion by Treloar and seconded by Jochimsen 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, 3/0, Porter absent. Open session adjourned at 12:06 P.M. REGULAR SESSION Returned to open session at 12:32 P.M. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • July 21, 2010, 5:30 PM, Lobby Conference Rm • August 10, 2010, 5:30 PM, Lobby Conference Rm • September 14, 2010, 5:30 PM, Lobby Conference Rm • October 12, 2010, 5:30 PM, Lobby Conference Rm ADJOURNMENT Motion for adjournment by Jochimsen, seconded by Treloar. Motion carried, 3/0, Porter absent. Meeting adjourned at 12:33 P.M. POLICE CITIZENS REVIEW BOARD ATTENDANCE RECORD YEAR 2010 (Meeting Datel NAME TERM EXP. 1/19 2/9 2/17 3/9 4/13 4/15 5/I1 6/8 6/18 6/24 7/13 Janie Braverman 9/1/12 X NM X X X X X NM --- --- --- --- --- --- --- --- --- --- Donald King 9/1/11 X NM X O/E X X X NM NM X X Joseph Treloar 9/1/13 X NM X X O X X NM NM X X Peter Jochimsen 9/ 1 / 13 --- --- --- --- --- --- --- --- --- --- X Royceann Porter 9/1/12 --- --- --- X X X X NM NM X O/E Abigail Yoder 9/ 1 / 12 --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- Vershawn Young 9/1113 O NM X O O/E X O/E NM NM O/E --- --- --- --- --- --- --- --- KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting --- = Not a Member MEMORANDUM TO: Fite FROM: ~tE• DATE: Captain Johnson, Field Operations rj( arterl /Summary Report (Quarter 2)- IAIR/PCRB, 2010 July 6, 2010 Attached you will find the 2010 Quarterly Report, (quarter 2), for the Iowa City Police Department Internal Affairs/Police Citizen's review Board investigative file. cc: PCRB Chief Hargadine h_) C.J t ~~+ C'~ . - !"" .. ' ~ ~c~ E°7 . G"1 -~...: ~ '' .. ~ r.~ ~r~ LA.I. #:10-01 PCRB#: 10-01 Incident Date: 2/6/10 ~ Incident Time: 11:40PM Location: 600 blk. H 6 East Date Assigned: 2/12/10 Allegation: 1) Excessive force 2) Improper Conduct Disposition: 1) Pending 2 Pendin LA.I. #•10-02 Incident Date: 2/4/10 PCRB#:10-02 Incident Time: 7:30AM Location: Iowa City Date Assigned: Na Allegation: 1) Improper conduct 2) Improper action Disposition: Com taint re' ed b PCRB LA.1. #:10-03 PCRB#: 10-03 Incident Date: 214/10 Incident Time: 7:30AM Location: Iowa City Date Assi ned: 04/26/10 Allegation: 1)Improper conduct. 2)Improper action Disposition: Pendin LA.I. #:10-04 PCRB#: Na Incident Date: 5/29/10 Incident Time: 4:20AM Location: 3001owa Avenue Date Assi ned: 06/01/10 Allegation: 1). Violation of policy/procedure; rule/regutation Disposition: 1 Pendin ^~ ~. R~r> ~_ ~,c c, ~"`~ =_ yT~;% i ~, ~r A^ ~s ~ A DEPARTMENT MEMO #10-15 u~_ ~ ,,, ly, E ;' 2~I0 J~?~~ - I ~y ~ ~: Ci; ~ rJ tier ^ ~ I ~ ~ I "~ W ~'~'~, TO: Chief Hargadine FROM: Captain R. D. Wyss RE: March- April 2010 Use of Force Review DATE: May 27, 2010 The "Use of Force Review Committee" met on May 27th, 2010. It was composed of Captain Wyss, Sgt. Hurd and Sgt. D. Brotherton. For the review of submitted reports in March, 37 Officers were involved in 12 separate incidents requiring use of force involving 22 individuals. In April, 14 Officers were involved in 10 separate incidents requiring use of force involving 10 individuals. No training or safety issues were identified. All issues or concerns were identified and addressed at previous levels of review. Of the 22 incidents over the two month period, 19 Officers had drawn sidearm or displayed weapons and one of those was for the destruction of an animal. There were eight separate incidents that required a display of weapon response. OC was deployed on one occasion, and in six incidents a Taser was discharged. On two separate occasions, a Taser was displayed which resulted in compliance without deployment. There was one vehicular pursuit involving one Officer during this time period. Of the 22 incidents reviewed, 4 suspects sustained superficial injuries. No Officer injuries were documented during this reporting period. 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 -May 2010 (Possession of Alcohol Under Legal Age) _, 201 D Jl.~ e ... J ;r~ l ~~J' ', .J Business Name (occupancy] Monthly Totals Year-to-Date Totals PAULA Visit -' (occupancy loads updated Oct 'oa) visits arrests visits arrests ear-to-date f` ! '' ] ' ' 808 Restaurant & Nightclub [176] 2 2 26 51 1.962 I j 11,~1f S (' ~ Airliner [223] 1 0 6 3 0.500 American Legion [140] 0 0 8 0 0.000 Aoeshe Restaurant [156] Atlas World Grill [165] Blackstone [297] Bluebird Diner [82] Blue Moose [436] 2 0 10 8 0.800 Bob's Your Uncle 260'] Bo-James [200] 0 0 5 0 0.000 Bread Garden Market & Bakery [It's] Brothers Bar & Grill [556] 4 3 25 11 0.440 [The] Brown Bottle [289] Buffalo Wild Wings Grill & Bar [189] Caliente Ni ht Club [498 0 0 6 0 0.000 Carl & Ernie's Pub & Grill [92] 0 0 1 0 0.000 Carlos O'Kelly's [299] Chefs Table [162] Chipotle Mexican Grill [119] [The] Club Car [56] 0 0 2 0 0.000 Coaches Corner [160] 0 0 1 0 0.000 Colonial Lanes [502] Dave's Foxhead Tavern [87] David's Place (aka Dawit's) [73] 0 0 1 0 0.000 DC's 120] 0 0 5 1 0.200 [The] Deadwood [218] 0 0 1 0 0.000 Devotay [45] Donnelly'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] [The] Field House (aka Third Base) [420] 7 11 28 78 2.786 Firewater [114] 3 0 6 0 0.000 First Avenue Club [280] Formosa Asian Cuisine [149] 0 0 2 0 0.000 Gabes [261] 0 0 1 0 0.000 George's Buffet [75] Givanni's [158] Godfather's Pizza [170] Graze [49] Grizzly's South Side Pub [265] 0 0 8 0 0.000 Guido's Deli [20] Hawke a Hideaway [94] [The] Hilltop Lounge [90] IC Ugly's [72J 0 0 2 0 0.000 India Cafe [100] Jimmy Jack's Rib Shack [71] Jobsite [120] 0 0 8 0 0.000 Joe's Place [281] 0 0 3 0 0.000 Joseph's Steak House [226] Karaoke La Reyna [78] i ;:: ;', .. _s_, ., [ 1 r t.,i :.. . La Reyna (49] Linn Street Cafe [80] Los Portales [161] ' 1 1 2 1 0.500 s [200] Martini 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] Okobo'i Grill [222] 0 2 0 0.000 Old Capitol Brew Works [294] 0 One-Eyed Jake's [299] 6 2 16 30 1.875 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] Pints [180] 3 0 13 1 0.077 Pit Smokehouse [40] Pizza Hut [116] Pizza Ranch [226] Qualit Inn/Highlander [971] Quinton's Bar & Deli [149] 1 0 0.000 [The] Red Avocado [47] Rick's Grille & Spirits [120] Riverside Theatre [118] Saloon [120] Sam's Pizza [174] 1 0 0.000 [The] Sanctuary Restaurant [132] Shakespeare's [90] 4 0 0.000 Short's Burger & Shine [56] 1 0 0.000 Slippery Pete's [178] 1 0 4 0 0.000 Sidelines [200] 1 0 0.000 Sports Column (400] 5 4 21 31 1.476 Star Lounge [144] 0 0 2 0 0.000 Studio 13 [206] 0 0 3 0 0.000 [The] Summit [736] 9 9 31 69 2.226 Sushi Popo [84] Takanami Restaurant [148] TCB [250] 7 0 0.000 Thai Flavors [60] Thai Spice (91] Times Club @ Prairie Lights [60] T. Spoons [102] Union Bar [854] 5 4 21 16 0.762 VFW Post #3949 [197] [The] Vine Tavern [170] 0 0 5 3 0.600 Vito's [320] 2 0 9 0 0.000 Wig & Pen Pizza Pub [154] [Iowa City] Yacht Club [206] 0 0 1 1 1.000 Zio Johno's Spaghetti House [94] Z'Mariks Noodle House 47 Totals: 51 36 302 304 1.007 Other PAULA at non-business locations: 2 33 ~ PAULA Totals: 38 337 *includes outdoor seating area current month year to-date ~ j T°l tom.. ~.~ `., E r - r ~) ~ ~ ~.:z ~ - Iowa City Police Department P.A.U.L.A. Report -June 2010 (Possession of Alcohol Under Legal Age) ., t,~„ ~. ~ ~1~~`: _~ ~. i i Business Name (occupancy] Monthly Totals Year-to-Date Totals PAULA~Visit J to da~e ~ ~ (occupancy loads updated Oct '08) visits arrests visits arrests - ear- 808 Restaurant & Nightclub [176] 4 0 30 51 '~.4 OAF -, =.,1 ! ~ f Airliner [223] 7 0 13 3 0.231 American Legion [140] 1 0 9 0 0.000 Aoeshe Restaurant [156] Atlas World Grill [165] Blackstone (297] Bluebird Diner [82] Blue Moose [436] 5 0 15 8 0.533 Bob's Your Uncle [260'] Bo-James [200] 6 0 11 0 0.000 Bread Garden Market & Bakery (It's] Brothers Bar & Grill [556] 6 1 31 12 0.387 [The] Brown Bottle [289] Buffalo Wild Wings Grill & Bar [189] 1 0 1 0 0.000 Caliente Ni ht Club [498 0 0 6 0 0.000 Carl & Ernie's Pub & Grill [92] 0 0 1 0 0.000 Carlos O'Kelly's [299] Chefs Table [162] Chipotle Mexican Grill [119] [The] Club Car [56] 0 0 2 0 0.000 Coaches Corner (160] 0 0 1 0 0.000 Colonial Lanes [502] Dave's Foxhead Tavern [87] David's Place (aka Dawit's) [73] 1 0 2 0 0.000 DC's 120 5 0 10 1 0.100 [The] Deadwood [218] 1 0 2 0 0.000 Devotay [45] Donnelly's Pub [49] 2 0 3 0 0.000 [TheJ Dublin Underground [57] 5 0 6 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] [The] Field House (aka Third Base) [420] 7 0 35 78 2.229 Firewater [114] 2 0 8 0 0.000 First Avenue Club [280] Forrnosa Asian Cuisine [149] 0 0 2 0 0.000 Gabes [261 ] 0 0 1 0 0.000 George's Buffet [75] 2 0 2 0 0.000 Givanni's [158] Godfather's Pizza [170] Graze [49] Grizzly's South Side Pub [265] 0 0 8 0 0.000 Guido's Deli [20] Hawkeye Hideaway [94] [The] Hilltop Lounge [90] 1 0 1 0 0.000 IC Ugly's [72] 2 0 4 0 0.000 India Cafe [100] Jimmy Jack's Rib Shack [71] Jobsite [120] 0 0 8 0 0.000 Joe's Place [281 ] 4 0 7 0 0.000 Joseph's Steak House [226] Karaoke La Reyna [78] ! .', . . La Reyna [49] Linn Street Cafe [80] Los Portales [161 ] Martini's [200] 5 3 7 4 0.571 Masala [46] Mekong Restaurant [89] Micky's [98] 6 0 6 0 0.000 [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] 1 0 3 0 0.000 One-Eyed Jake's [299] 6 0 22 30 1.364 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] Pints [180] 7 0 20 1 0.050 Pit Smokehouse [40] Pizza Hut [116] Pizza Ranch [226] Quality Inn/Highlander [971] Quinton's Bar & Deli [149] 4 0 5 0 0.000 [The] Red Avocado [47] Rick's Grille & Spirits [120] Riverside Theatre [118] Saloon [120] 2 0 2 0 0.000 Sam's Pizza [174] 1 0 0.000 (The] Sanctuary Restaurant [132] 2 0 2 0 0.000 Shakespeare's [90] 2 0 6 0 0.000 Short's Burger & Shine [56] 1 0 2 0 0.000 Slippery Pete's [178] 5 1 9 1 0.111 Sidelines [200] 2 0 3 0 0.000 Sports Column [400] 7 1 28 32 1.143 Star Lounge [144] 1 0 3 0 0.000 Studio 13 [206] 6 0 9 0 0.000 [The] Summit [736] 8 0 39 69 1.769 Sushi Popo [84] Takanami Restaurant [148] TCB [250] 5 0 12 0 0.000 Thai Flavors [60] Thai Spice [91] Times Club @ Prairie Lights [60] T. Spoons (102] Union Bar [854] 5 0 26 16 0.615 VFW Post #3949 [197] [The] Vine Tavern [170] 2 0 7 3 0.429 Vito's [320] 4 1 13 1 0.077 Wig & Pen Pizza Pub [154] [Iowa City] Yacht Club [206] 1 0 2 1 0.500 ~,, Zio Johno's Spaghetti House [94] ~. Z'Mariks Noodle House 47 `~' t"~ Totals: 144 7 446 311 =QG9~ '_ .. ~ f-._.. Other PAULA at non-business locations: 11 44 __.. ~ .~ „ , ' ~ PAULA Totals: 18 355 ~==' ] current month year-to-date ,,.,; ~ ;' f,'~'i,-"9 "includes outdoor seating area . ••;-~. :--. ~ >i d~ OPS-22.1 CONDUCTED ENERGY DEVICES Date of Issue General Order Number Jul 2, 2008 08-01 Effective Date Section Code June 14, 2010 OPS-22 Reevaluation Date Amends /Cancels ~.~ ~~ July 2011 i ~ ~._" C.A. L. E.A. 1.3.1, 1.3.4, 1.3.5, 1.3.6 Reference -` `~ ~~ _~ ~-~ -~, 1.3.7, 1.3.9, 1.3.10, 1.3.11, 1.3.12 Use of Force :,.~ , ~ . ~; INDEX AS: ~='' ~ ~ ~~~ ;.~~ Use of Force Less Lethal ~- Weapons ~, . ~~a I. PURPOSE The purpose of this order is to establish procedures for the deployment and use of a conducted energy device commonly known as the "TASERO". II. POLICY It is the policy of the Iowa City Police Department that officers shall use the least amount of force necessary to accomplish their lawful objectives while safeguarding their own lives and the lives of others. Consistent with this policy, the Department authorizes the use of conducted energy devices by officers certified in their use as an incapacitating weapon to: control a subject exhibiting active aggression when an officer reasonably believes that his/her life is in danger; effect a lawful arrest, or to otherwise control a combative, uncooperative person when verbal commands and persuasion have been ineffective in inducing cooperation; or to prevent a subject from harming himself/herself or others. A conducted energy device is never to be used on a passive subject, or as apain-inflicting device to ensure compliance or punitively for purposes of coercion, or in an unjustified. manner. OPS-22.2 III. DEFINITIONS Conducted Energy Device (CED) - A weapon primarily designed to disrupt a subject's central nervous system by means of deploying electrical energy sufficient to cause uncontrolled muscle contractions and override an individual's voluntary motor responses. The device fires probes from a replaceable cartridge. The probes are connected to the weapon by ahigh-voltage insulated wire. Electrical pulses are sent along the wires to the probes with the intended effect being to temporarily incapacitate the targeted subject. After Firing Identification Dots (AFID) -Small identification tags ejected from the cartridge when the Taser9 is fired. The AFID's have the individual unit's serial number printed on them which identifies which unit was fired. Gas Cartridge -The replaceable cartridge which contains and fires the electrical probes. The Gas Cartridge has an expiration date and ejects AFID tags when fired. The Gas Cartridge has two probes on the front allowing it to be used as a contact device. When the Gas Cartridge is removed the device can also be used as a contact Electro- Muscular Disruption device. ~a f,'.._7 Probes -Projectiles that are fired from a conducted energy device an~pene~ate the ~~-, ~-- skin; wires are attached to the probes leading back to the CED. ,_ T ~, ,ter IV. PROCEDURES --: ,, _.... A. DEPLOYMENT OF CONDUCTED ENERGY DEVICES ~.. 1. A conducted energy device should not be pointed at any individual unless the officer reasonably believes it will be necessary to use the device. 2. For maximum effect, a conducted energy device should be fired at center body mass. The head, face, breast or genitalia should be avoided if possible. 3. When deploying a conducted energy device, officers should under normal circumstances use it for one standard cycle (a five second burst of current) and then evaluate the situation while using verbal commands. Should an aggressive subject not comply with the commands of the deploying officer, he/she may deliver a subsequent five-second cycle as reasonably necessary and re-evaluate the situation before delivering a another cycle. Alternate methods to subdue the subject should be considered. 4. When possible, an officer who deploys a conducted energy device will give a verbal warning prior to deployment, unless to do so would place any other person at risk. This verbal warning will fulfill these purposes: OPS-22.3 a. give an aggressive subject a final warning that his/her actions are dictating use of the device b. warn other officers and bystanders that the conducted energy device is about to be deployed. 5. The deploying officer will then direct the actions of any assisting officer(s) on the scene in handcuffing the subject. The conducted energy device will not deliver its charge to a second person unless that person places his/her hand or a body part in between the two probes. The conducted energy device should not be used on handcuffed subjects unless they are actively resisting or exhibiting active aggression and other control options would place the officer or others in imminent danger. 6. Assisting officers shall approach the subject with caution so as not to break the wires connecting the probes to the conducted energy device. 7. Following a conducted energy device deployment, officers shall use a restraint technique that does not impair respiration. 8. The conducted energy device "probe mode" should be the primary setting option with the "drive stun" mode generally used as a secondary option. 9. A supervisor shall respond to all incident scenes where a conducted energy device has been discharged and conduct an initial review of the deployment. B. SITUATIONS WHERE CONDUCTED ENERGY DEVICES MAY BE USED When an officer reasonably believes that the subject will become, or is engaged in violence directed towards the officer or others; or the subject's demeanor indicates they will engage in active aggression and other options would place the officer or others at risk. (active aggression is a greater standard than active resistance) As with all use of force j~cidents; the decision to use a particular tool or technique will b_e eva~r~ated in conjunction with General Order 99-05, Use of Force. `-' ~-- ° , 2. To stop a dangerous animal. C. SITUATIONS WHERE CONDUCTED ENERGY DEVICES USED UNLESS DEADLY FORCE IS APPROPRIATE 1. Near flammable liquids, gases, blasting materials or combustible materials which may be ignited by the ~ including potential methamphetamine labs or subjects x--.~ .__ ,. s _ ~~, f°°_ ...1 SHALL NOT~y61~`` _ ~ r. ~-_ t any other highly ise of the device, contaminated with such materials. 2. When it is reasonable to believe that incapacitation of the subject may result in serious injury or death. (i.e. falls, etc) OPS-22.4 D. SITUATIONS WHERE CONDUCTED ENERGY DEVICES SHOULD BE AVOIDED Although not strictly prohibited, officers should give additional consideration to the unique circumstances involved prior to applying a conducted energy device in any of the following situations. There must be compelling reasons for deployment which can be clearly articulated. 1. When the officer cannot approach the subject within its effective range. 2. On persons in wheelchairs. 3. To control persons in operation of a vehicle. 3. On elderly persons. 4. On women known to be pregnant. 5. On persons with known heart problems. 7. On persons with an apparent debilitating illness or who are visibly frail. 8. On young children or those under 80 pounds. 9. On individuals with known neuromuscular disorders such as ~t~ultiple sclerosis, muscular dystrophy or epilepsy. ~__ : , F~~ ~_ .. E. POST DEPLOYMENT PROCEDURES c-s~,-~a -- ~: - i t7"+ 3 1. Probes, AFIDs and cartridge packs used against individuals=v`~rilF~be~? ~~ recovered and submitted as evidence. ` ;~. ~., }- 2. Skin Penetrating Probes: `- ~' a. Officers should remove the probes as trained and inspect them to ensure the entire probe has been removed. Removal of broken probes should be done by medical personnel. b. In the event that a probe is broken off in the skin or the probe is not fully intact, the subject will be transported to a hospital. c. Only hospital personnel are to remove probes embedded in sensitive tissue areas such as the head, neck, throat, face, genitalia or female breast. d. Probes will be packaged in accordance with existing procedures for the storage and handling of bio-hazard OPS-22.5 materials. Probes which may be contaminated shall be clearly indicated as such on their package. 3. Probes which have not penetrated skin will be packaged to ensure the safety of persons later handling the evidence packages. 4. Packaging: a. All probes taken in accordance with this policy shall be packaged in accordance with the training received pertaining to the collection of the probes. When placed in temporary storage, the compartment containing the probes should be clearly marked as containing a potential hazard. b. Spent cartridges and a representative AFID sample from the spent cartridge will be packaged as evidence and may be placed in the same larger envelope as the spent probes. 5. If practical, photos shall be taken of probe impact areas that result in an injury. F. MEDICAL TREATMENT 1. Ensure the suspect's injuries or complaints of injury (if any) are appropriately treated by medical personnel. Monitor the suspect for signs of "excited delirium". 2. Medical treatment shall be obtained for any suspect that has received a conducted energy device discharge. G. REPORTING 1. With the exception of training, all deployments of conducted energy devices will be documented on a Use of Force Report. 2. Aiming the device's dot or an arc display is considered a use of force. 3. Jail staff shall be notified of intake prisoners who have been exposed to a conducted energy device. 4. The Commander of Administrative Services or designee shall be notified (by a-mail) of deployments in order to download information frRm the device. ~; ~~~~. _ . H. TRAINING ~~~ f -~, ; ." .. n, ~.. ~_ , OPS-22.6 1. Certified instructors are the only authorized persons to instruct on conducted energy devices. 2. Only officers who have been trained by a certified instructor may employ a conducted energy device. Officers are required to be re-certified annually. Officers who fail to qualify/show proficiency will be provided with remedial training according to the lesson plan. The Training Sergeant will maintain records to ensure that officers receive the training at the appropriate times. I. MAINTENANCE 1. Testing and maintenance of conducted energy devices will be consistent with the manufacturer's specifications and conducted by properly trained armorers. 2. Officers shall check the conducted energy device at the start of their tour of duty to ensure that the weapon has a functional charge. 3. Authorized officers will only carry a Department issued conducted energy device. 4. The holster will be carried on the duty belt on the side opposit~#'he duty firearm. Non-uniformed officers will use an approved holster$ orb h`~he side opposite the duty firearm. - ` ~ ~ ~,' 5. Officers shall not in any way alter or modify these weapons:~~ - ~'~ ~` .. „ •i. "Ll V u - ~ 7 '-~ ~~ V Samuel Hargadine, 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. OPS-13.1 VEHICLE CRASHES Date of Issue General Order Number October 6, 1999 99-09 Effective Date Section Code Jul 15, 2010 OPS-13 Reevaluation Date Amends /Cancels June 2012 C.A.L. E.A. Reference ~-~- ~; 61.1.1, 61.2.1-4, 61.3.1-3 ~- _ ~~ R..+ ~~ 4~ " - """ ~~ INDEX AS: ~ ;,~ Vehicle Crashes Traffic Control ~a~~~ ~p Accidents Traffic Direction - ~'' Accident Investigation Impounds <~J ~_ .. ry^ , b ~+;~acn ~~~~ a z~ I. PURPOSE The ultimate goal of traffic enforcement is to reduce the number and severity of vehicle crashes. Motor vehicle crashes continue to be a health and safety issue facing our community; these crashes can result in significant injuries and death to persons of all ages, along with a significant amount of property damage. Creating a safe motoring community can be achieved through education to citizens, liaisons and partnerships with other agencies within the community to promote safe driving, and preventative patrol combined with enforcement by officers. II. POLICY It is the policy of the Iowa City Police Department to report motor vehicle crashes pursuant to Iowa law. Members of the Department will investigate crashes in an attempt to determine the cause and identify violations of Federal or State law and/or City ordinance. Officers will enforce applicable laws consistent with the department's general order pertaining to Traffic. When called upon the Department will assist other departments or agencies in identifying and/or minimizing potential hazards to the motoring public. OPS-13.1 VEHICLE CRASHE: Date of Issue ` October 6, 1999 Effective Date July 15, 2007 General Order 99-09 Section Code OPS-13 Reevaluation Date Amends / ancels ~_- June 2012 E .. ,- ,_ - ..a , r>> C.A.L.E.A. Refer nce "~~~`~~ ~~ .~;;--. 61.1.1, 61.2.1-4, 61.3.1-3 ~ z.,.i~ d ~- ~ , _,-._ t.~-~ ~_z . -- ~ - t .., INDEX AS: ~~~ Vehicle Crashes Tra Control Accidents Traffic irection Accident Investigation Impoun I. PURPOSE The ultimate goal of tra is enforcement is to re uce the number and severity of vehicle crashes. Moto vehicle crashes continue o be a health and safety issue facing our communi ,these crashes can result ins nificant injuries and death to persons of all ages long with a significant amount o roperty damage. Creating a safe motoring ommunity can be achieved throu education to citizens, liaisons and pa erships with other agencies within th community to promote safe driving, a preventative patrol combined with enforce ent by officers. I1. POLIC It is the polic of the lawa City Police Department to report motor v icle crashes pursuant to owa law. Members of the Department will investigate c shes in an attempt t etermine the cause and identify violations of Federal or State wand/or City or" ante. Officers will enforce applicable laws consistent with the de rtment's gene order pertaining to Traffic. When called upon the Department will asst t other de merits or agencies in identifying and/or minimizing potential hazards the toting public. OPS 13.2 DEFINITIONS IV. PROCEDURES MOTOR VEHICLE CRASHES The Iowa City Police Department will respond to all vehicle crashes which occur within the corporate limits of Iowa City. Members of this department will comply with state reporting requirements. (See Iowa Code 321.266) In incidents that do not meet the state mandated reporting requirements, officers will respond and will fill out an "accident report" for submission to Iowa City Police Department records section. All accidents will be sufficiently investigated to determine the facts surrounding the accident. In addition to the aforementioned reporting and investigation guidelines, the following motor vehicle crash investigation guidelines should be adhered to. 1. When a Technical Accident Investigator or an Accident Reconstructionist is called to the scene, they shall complete their investigation within 30 days. If the report is not completed within this period, the Watch Commander shall inform the Commanding Officer of Field Operations of the fact, along with the reasons why the report has not been completed and an anticipated date for completion of the report. A. Fatality or Serious Injury Crash. A motor vehicle crash resulting in a fatality or serious injury likely to lead to a fatality will be investigated as thoroughly as possible. An accident investigator trained through the level of Reconstructionist will be called to the scene. Whenever possible he/she should be assisted by an officer trained through the technical level in accident investigation. When it is necessary to call an off duty investigator to assist a Reconstructionist, preference may be given- to calling another Reconstructionist if available. B. In instances where a motor vehicle crash results in an injury, the first responding officer should consider the severity and nature of the injury in determining whether to call an accident investigator to the scene. If an accident investigator is not immediately available the officer should contact a watch supervisor, who may authorize the call-in of an off duty accident investigator. C. In any instance that there is a likelihood of city liability, a person ~.tsained through the technical level of accident investigation should b~,calle~~o the scene. This includes instances where a city vehicle is involvedt~in injury-~; crash, regardless of "fault". In these instances, a copy of the~tQdte accider~tr. report and any technical investigative reports will be for~Fc~ed~to tha" Commander of Field Operations or his/her designee. He/she gill-;fongr~rd the- reports to the City Attorney's Office and to other city departments as, re uested. ~`} q t.,, r OPS 13.3 D. Hit and Run Crashes. Hit and run crashes will be investigated to the extent possible. Upon arrival at the scene the responding officer should broadcast any suspect vehicle or driver information as soon as possible. E. Crashes involving intoxicated, impaired, drugged or ". 02" drivers should be investigated according to applicable departmental procedures. The involvement of alcohol or drugs should be handled according to specific departmental policies/procedures pertaining to OWI. In instances where the consumption of alcohol or drugs is suspected and serious injury or fatality results, the officer should notify a watch supervisor. The supervisor or officer may contact the on-call county attorney for advice on how to proceed. F. In incidents in which a commercial carrier carrying hazardous materials is involved in a motor vehicle crash, officers will comply with departmental guidelines relating to commercial carriers. If the crash results in a breach of a container or a discharge from a container, the officer shall immediately notify communications who should then notify a watch supervisor. If possible, the officer will evacuate the immediate area around the vehicle until the Iowa City Fire Department responds. The Iowa City Fire Department will be notified and will make the determination if the Johnson County HAZMAT team will be requested to respond to the scene. The Iowa City Fire Department or, if applicable, the Johnson County HAZMAT team, will have, primary responsibility pertaining to any discharge of hazardous materials from a vehicle involved in a motor vehicle crash. The responding Fire. or HAZMAT supervisor will determine the extent of any evacuation. Officers should attempt to ensure that the hazardous material reporting requirements in the Code of Iowa are complied with. An officer trained through the technical level of accident investigation should be called to the scene in which there is a discharge of hazardous materials from a commercial carrier. (In incidents involving hazardous materials, SAFETY is the paramount consideration.) G. In incidents where the persons involved in a motor vehicle crash Become engaged in a dispute, officers should expedite their response~o th~~cene. Upon arrival the officer(s) should take charge of the scene andaep~rate the ,,-- _ ~, confronting parties. ~-;,...~_._ ~_~ ;~ ~, ~~., cry € ~. H. If a motor vehicle crash results in major congestion, the fcrst:~,~~esp:Qndipg n officer should request additional units as available to assist iri~aw•affic-bontrol:, In instances where there are no injuries and the resulting congestion poses a' hazard to the motoring public, the officer may consider moving the ;rr3volved vehicle(s). If this is not practical or possible the officer(s) may elect to establish a safe traffic pattern and wait for additional units prior to initiating any investigation or report related to the crash. I. In instances where damage to a vehicle is such that the vehicle is inoperable or unsafe to operate, the officer should ensure the vehicle is either in a position where it will not impede or obstruct the safe flow of traffic or see that the vehicle is removed from the scene. When an operator elects to have their OPS 13.4 vehicle towed, the officer should try to honor their choice in towing services provided the service can respond in a reasonable amount of time. In instances where the operator is unable to remain at the scene the officer may contact the towing service requested by the operator, or if they signify no preference, contact the service which currently is under contract with the city. Removal. of a vehicle from an accident scene, in and of itself, does not constitute an impound of the vehicle. J. In instances where the operator is unable to indicate a preference for the disposition of their vehicle and property and there is no one present to act on behalf of the operator, the officer should ensure the property belonging to the crash victim is protected. If there are items of value in the vehicle, the officer may take control of the property for safekeeping. If an officer takes control of the property of an accident victim, it shall be documented on a property form and submitted to the departmental property custodian. If the vehicle is towed by officers an impound form shall still be completed. K. In instances where an accident investigator requests a vehicle be impounded, the department member handling the tow will follow departmental guidelines pertaining to impounds. There should be a hold placed on the vehicle under the investigating officer's name. No property should be released from the interior of the vehicle without the authorization of the investigating officer. In instances where a person requests personal belongings from the interior of a "held" vehicle, and the investigator is unable to be reached, a supervisor may elect to approve the release of certain personal property from the vehicle. In these instances, the supervisor approving the release or his /her designee will accompany the person to the impound facility and will deliver the requested item(s) to the person. At no time should the person be allowed to have physical contact with the vehicle. The authorizing supervisor will complete an impounded vehicle Property Release Form detailing the circumstances surrounding the release. L. Watch supervisors have the authority to suspend accident investigations involving only property damage during emergency situations. These may include, but are not limited to, snow or ice emergencies when the number of accidents is such that it is not possible to respond to each location, or an emergency operation in which the majority of the available officers are engaged in an emergency type situation. In these types of incidents, the caller should be advised that there are not currently personnel available to respond and be requested to contact the department in person or on the phone sometime after the start of the following watch. The caller should be advised that in the interim, if possible, names, addresses, phone ntambers and vehicle information should be exchanged. The communicatiLo~s dierson. _, receiving the call should obtain all available information for entrj~_n tF~~ CAD~~ system. ,,_,. __ !~ ~. µ~ ,. e.6 ~ ~ ~ . , M. The Iowa City Police Department will use the expertise of the C~t'of IoVva City Traffic Engineering office to analyze data pertaining to motor vehieae crashes:_:~ {.~~ OPS 13.5 within the city. Using the analysis provided by Traffic Engineering the department will implement traffic enforcement strategies to minimize the number and severity of motor vehicle crashes. On an annual basis an evaluation and review of the current traffic enforcement activities in comparison to data from previous years will be completed. Officers assigned to a motor vehicle accident will respond promptly and proceed to the scene as quickly as traffic conditions allow. Response will be guided by departmental vehicle operations guidelines. A. During the approach to the scene, officers should be alert for conditions or factors which may be related to the crash. B. Upon arrival at the scene, the officer(s) should park in a manner to best protect the scene and minimize danger to the public. C. The first responding officer will then attempt to identify situations, which will require immediate attention or additional assistance such as rinjuries, HAZMAT situations, or fire, and should request additional police o~xescue units as appropriate. `;-=~~~_, ~. ^ ~ 3 D. If injuries are present the initial officer should render immediate.~car~_~to tla ~'" greatest extent possible. ~.~,~ ~, .°r' a ~i E. Once care of the injured is insured and the scene is protected #o~the;extent possible the officer should determine if the assistance of ''an accident investigator is required or needed. If so, communications should be advised of the situation and notification- made. F. In cases of injury or death the initial officer should attempt to locate and identify any potential witnesses. This includes the identification of injured parties and passengers as well as onlookers. G. Once the scene is secured and witnesses identified, the first responding officer should attempt to locate and, if possible, document any evidence. If assistance is needed for the documentation of evidence the officer may contact an accident investigator or Crime Scene Technician (CST) depending on the type of evidence to be documented. All evidence collected shall be handled according to departmental guidelines on evidence. If it is determined that the scene extends beyond the point initially protected by the officer, the expanded scene should be protected to the greatest extent possible prior to completion of documentation or evidence collection. The first responding officer is responsible for the completion of all required reports unless relieved of the responsibility by a supervisor. In instances where an accident investigator(s) responds to the scene, he/she will be responsible for the technical investigation of the crash and all technical reports relative to the investigation. In situations where more than one accident investigator is OPS 13.6 involved, the officer trained to the highest level will be designated the lead investigator. If two investigators of equal training are on scene, the person with greater experience in the field shall be the lead investigator. The lead investigator may call additional investigators as necessary with the approval of an on duty watch supervisor. If a commercial vehicle is involved in the crash, the lead investigator may request the assistance of personnel trained in commercial vehicle inspections. If assistance is needed in the collection or documentation of evidence, the lead investigator may call for the assistance of a CST. In instances where the victims/witnesses have been transported or otherwise left the scene, the lead investigator may, with the approval of a watch supervisor, make arrangements to have the parties interviewed and/or statements recorded. These interviews may be by one of the investigators or another officer assigned to the task. If the interview is to be conducted by someone other than one of the accident investigators, the interviewer should be provided a list of issues which the investigator(s) wish to be covered. In instances where the vehicle is impounded for investigation, the lead investigator may make arrangements for inspecting, documenting or otherwise viewing the vehicle at a future time. The lead. investigator may make arrangements to consult with other city departments i.e. traffic engineering, streets, as needed. When a member of the Iowa City Police Department receives a complaint or concern relative to traffic safety or traffic engineering, the receiving member will document the information to the greatest extent possible. If the question is one, which requires further investigation or research, the concern/request should be forwarded to the Traffic Engineering Planner. The Sergeant in c~rge of Planning and Research will forward motor vehicle crash data:- #o the Traffic ~- ~ x Engineering Planner. ~ ~~~' `_~ TRAFFIC DIRECTION AND CONTROL --° -- ~~~ ,<< ; The purpose of this section is to establish procedures for traffic:~.I,rect~on and; control. t:-i . _~ ,: :.:, - ~ ~_,,J A. Manual Traffic Direction ~~~} 1. Manual traffic direction will be used in situations when there is a failure of normal traffic control signals, during emergencies, at accidents, or when other traffic control devices are not present or adequate. 2. Effective manual traffic direction is dependent upon the use of clear and easily understood gestures and the high visibility of the person directing traffic. 3. In order to provide for officer safety and driver recognition and response, reflective, high visibility vests are provided in patrol vehicles and issued to all officers. All personnel directing traffic shall wear the provided vests. 4. Members performing traffic direction and control will ensure that their presence and purpose are appropriately indicated to drivers and pedestrians. This may be accomplished by positioning so that they can clearly be seen by all parties. OPS 13.7 5. Officers directing traffic may utilize flashlights, traffic wand, road flares, and/or traffic cones while manually directing traffic. These will be used in a manner to enhance visibility. 6. Officers will remain calm and professional whenever directing traffic. When drivers or pedestrians fail to understand or obey hand signals, the officer will handle these instances with professionalism. 7. Manual signals for traffic direction should be consistent with departmental training. B. Emergency Traffic Direction 1. Fire Scenes: Members of this department will assist fire operations by: a. consulting with the fire officer in charge of a scene to determine their needs; b. providing protection for the fire scene for fire rescue equipment; c. setting up perimeter traffic control points to allow for the entrat'ace and exit of emergency vehicles and personnel authorized-~to beat the scene. . t..' ~ - .~ r _, C. Adverse Road and Weather Conditions v~ Adverse road and weather conditions may include but are not litni#ed tai . ~ e n 1. accident hazards such as debris, downed power lines;:.faller~_'~poles, ;' hazardous material spill/leak; _ _ ~:, 2. acts of nature such as snow, ice, and flooding <--~ Upon discovering an adverse road or weather condition affecting safe roadway travel, members of this department are expected to notify communications and the watch supervisor. A decision will be made as to how best correct or control the situation. The supervisor may direct that the appropriate city department be notified of and asked to respond to the incident. Members of the Iowa City Police Department will provide traffic direction, control services and scene protection when the presence of adverse road and weather conditions warrant such steps. Direction or control will be maintained until appropriate steps have been taken to alleviate the situation. D. Manual Operation of Traffic Signals 1. Manual operation of traffic control signals may be necessary in the case of accidents or other emergencies, or to alleviate traffic congestion resulting from a specific event. 2. In instances of a traffic signal malfunction, the lights may be set on "flash" mode if this will not cause undue problems, until the appropriate agency or department can respond to correct the problem. E. Temporary Traffic Control Device 1. Temporary traffic control devices may be used in either pre-planned events or to serve as a temporary measure for unusual or emergency situations. In the event that a temporary traffic control device is used, due OPS 13.8 to an emergency situation, contact will be made with the agency or department who is responsible for the applicable roadway or signal. Officers should periodically check any temporary traffic control devices in their area to ensure that they are situated appropriately, or at times of high traffic volume, require additional traffic control efforts. 2. In instances where a temporary traffic control device will be in place for an extended duration, the commander of the day watch will make contact with the appropriate department or agency to inform them of the location, nature and reason for the temporary device; and will request they review the nature and placement of the device for appropriateness. 3. When temporary traffic control devices have been placed by a private contractor or an entity of the City, due to construction, it shall be the responsibility of the placing entity to erect, place and maintain all such devices. Officers should periodically check construction sites in their area to determine the integrity and effectiveness of the device. If a device is not in place, not functioning, not visible or otherwise creates a hazard for the motoring public, the placing entity should be contacted to correct the situation. MOTORIST ASSISTS A. Disabled vehicles on the roadway present a hazard both to the stranded motorist and to other roadway users. For this reason, officers will offer reasonable assistance when possible to motorists who appear to be in need of assistance. B. Stranded motorists should not be left unattended when they appear to be exposed to hazardous situations. Due consideration shall be afforded stranded motorists for factors that contribute to hazardous conditions such as; location, time of day, weather, and current priority of calls for service. When circumstances preclude an officer from remaining with the motorist, steps should be taken to enhance the visibility of the vehicle and to warn oncoming drivers of the hazard. ;-.~ t- ; te=a C. Officers should freely and courteously provide information and-; diPections..~ when asked, and shall attempt to remain familiar with various=services a2d~~ facilities available to help motorist. I.e., 24 hour services. ~. ~,, '`~ ,~ D. Officers may, with supervisory approval, transport stranded mot~rist~~~#o the nearest convenient location where assistance may be obtained.- : ~~ ° ~:' G~ E. When hazardous weather conditions exist, communications may be directed to disseminate road hazard, travel and road closing information within the city, or refer citizens to the roadway condition number where such information may be obtained. F. In the event that the operator of a disabled vehicle is unable to obtain their own towing service, or have no preference, the officer may request communications contact an available towing company. OPS 13.9 G. If emergency medical or fire assistance is needed, the officer will notify communications of the nature of the emergency and request the services the officer feels are necessary. H. A member of this department should not physically push or repair stalled vehicles, jump-start, or change a tire on any vehicle not owned by the City, except in emergency situations. When an officer comes across a roadway hazard the officer should take steps to alleviate or minimize the potential hazard. The officer should notify communications of the nature and location of the hazard and request that communications contact the appropriate agency or department to correct the situation. If the hazard is discovered after "regular" business hours, the communications section should forward the request for service to the appropriate department the next business day. In instances where the hazard is such that some type of traffic control device is needed control the hazard, the officer may arrange to pickup the needed device him/herself or contact the Streets Department to respond with the necessary devices. In instances where the hazard is such that immediate repair is required, the officer should request communications page the appropriate department, advise them of the location and nature of the hazard and request they respond to the scene. N c--a c.:~ ,<,, ,,., VEHICLE IMPOUNDS " ' `~ Members of this department may encounter a variety of circumstaci~s r~rluiring the impound of a motor vehicle. These actions are to be guided `~y"a_stafe code`f: ~~- ,{~ and/or city ordinance. ._ ~"' ,.. _ When the operator of a motor vehicle is arrested the following guidelines,. ,hould , be adhered to. : ~ ~~, A. Vehicles requiring identification processing or use in follow-up investigations should be impounded. The officer should request the towing company place the vehicle in a secured facility. B. If the operator of the vehicle is the owner, leaseholder, or immediate family member of the owner/lease holder, the vehicle may be released to an eligible driver on the scene, with the permission of the operator. C. If there is not an eligible driver available, the officer may impound the vehicle. In instances where the vehicle is impounded pursuant to an arrest, the department member impounding the vehicle will complete an Iowa City Police Impound Report. When appropriate, the keys should be placed in the possession of the operator of the vehicle. The arresting officer may search the vehicle incident to arrest. The impounding member may inventory the vehicle. In all instances, the impounding party shall note items of value. OPS 13.10 D. If there is not an eligible driver available, the officer, with the permission of the operator may elect to park the vehicle in an appropriate location. If the vehicle is parked, the location should be noted and the vehicle operator advised of the location. If there are items of value or weapons in the vehicle, the officer should consider taking these items into his/her possession. In these instances, a property form shall be completed and the items submitted to the property custodian. E. In instances where a driver is taken into custody for an .02 investigation, the preferred action is to park the vehicle. When the situation is such that this is not practical, the officer may impound the vehicle. F. Upon recovering a stolen vehicle, the officer should request communications contact the originating agency. To the greatest extent possible the recovering officer should honor the requests of the originating agency. In instances where the originating agency is not able to respond within a reasonable amount of time, or at their request, the officer may impound the vehicle. If the Iowa City Police Department is the originating agency the vehicle may be held for processing. If a decision is made not to process the vehicle, or upon completion of the processing, the officer should contact the reporting party reference the recovery of the vehicle. The status of any keys, valuables, and vehicle condition should be provided if known. If the vehicle is legally parked and the victim wishes the vehicle left at the present location, the officer may leave the vehicle where parked. If the victim cannot be contacted or the vehicle is parked in an illegal or hazardous manner or the victim is u~ble to respond in a reasonable amount of time the officer should.._impo~id the vehicle. F ~~ ~=' ~ ` . When a vehicle is parked or left in such a manner as to create a~h~zar~„ or pis " otherwise abandoned, members of this department may impoun~rz fhe vehicle ;, pursuant to chapter 321.89 of the Code of Iowa. In these instanee$-~the officer== shall complete an Iowa City Police Impound Report. `~`' <...,~ When a member of this department is requested to impound a motor vehicle from private property, the impounding officer shall complete an Iowa City Police Impound Report. The person in control of the private property must sign the authorization form on the impound report prior to the impound of the vehicle. If the officer is unsure as to the authority of the party requesting the tow, the officer should request written documentation from the person. Officers should not unlock a vehicle to inventory the contents when impounded from "private property". When vehicles are impounded by a member of this department, the impounding officer shall complete an Iowa City Police Impound Report. This report should be turned into communications as time permits, but no later than the end of the watch. The records pertaining to vehicle impounds will be kept in their original form for a period of three years. The computer entry of these records will be kept OPS 13.11 for a period of at least five years. The auction of unclaimed vehicles will comply with all applicable laws and requirements. When a person requests the release of an impounded vehicle, the person handling the request should ask for identification from the person making the request. A vehicle may be released to an owner, leaseholder, or member listed on the registration. If the person requesting the release of the vehicle is other than those listed above, a watch supervisor should be called to make the determination as to the release of the vehicle. Samuel Hargad' ,Chief of Police 1NARNING This directive is for departmental use only-and -does not ap-ply 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: C-~ _.. t. ~ C,~ ..._. Y. u'j .~ . _,. p_._, ~~... .~ ii ~ ~ d ~, i ,l IOWA CITY POLICE DEPARTMENT ~~ _~ ~ ~ ~} USE OF FORCE REPORT March 2010 2Q10 ~ ~`~; 27 ~'r~ ~; 3~ Ofc # Date Inc # Incident Force Used ~~ ~ -~~ .cif 1. ~ is ~', 2010- .,~ ,1,.. , 7,4,60 3-03 11181 Domestic Officers deployed tasers and c emical spray to Assault subdue an assaultive and suicidal subject to make an arrest for a domestic assault. 85,15, 3-07 11914 Armed Subject Officers used hands-on control techniques, 93,51, displayed a taser, sidearm, and patrol rifle to 7,29 take a subject armed with a knife into custody. The subject had cut himself, violated a no contact order, and hid in an attic to avoid officers. SRT 3-13 12890 Search Warrant SRT executed entry using standard SRT operating procedures for a high risk search warrant. 40,57 3-13 13033 Domestic Officer used hands-on control techniques to Assault arrest a resistive subject for domestic assault. 1,31 3-14 13186 Domestic Fight Officers used hands-on control techniques to arrest a resistive subject attempting to flee the scene of a domestic dis ute. 6,4,45, 3-16 13586 Felony Traffic Officers displayed sidearms during a high risk 60,57, Stop felony traffic stop involving possible armed 19 sub'ects. 16 3-23 14787 Domestic Officer displayed a sidearm to stop a subject Assault known to go armed, who was attempting to flee the scene after violating a no contact order and assaultin a victim. 60 3-24 14750 Suspicious Officer used hands-on control and take-down Activity techniques to stop a subject who had assaulted the officer durin arrest for ublic intoxication. 60,4 3-26 15274 Out w/Subject Officers deployed a taser to arrest an assault and combative subject for assault causing injury and ublic intoxication. 51 3-28 15535 Out w/Subject Officer used hands-on control and take-down techniques to arrest a subject for public intoxication who had been involved in an altercation. 44,45 3-30 15962 Burglary Officers used hands-on control and take-down Investigation techniques to arrest a resistive and combative subject attempting to flee the scene during a bur la investi ation. 60,44, 3-30 16173 Domestic F~ht Officers deployed tasers on two subjects who _ 24 had assaulted officers investi atin a fi ht. ~. ~ ~n:~.~ IOWA CITY POLICE DEPARTMENT USE OF FORCE REPORT 20 ~ ~ ~ B° ~ ~ ~~;~ ~ ; ~ ~ Apri12010 Ofc # Date Inc # Incident Force ~ ~ ~ j '~, (~ ~~~',`, 2010- 24 4-01 16238 Criminal Officer used hands-on control and take-down Mischief techniques to stop a subject who was running from another officer who had stopped the subject for criminal mischief. 21 4-01 16585 Armed Subject Officer displayed a sidearm to stop a subject who had. been seen by witnesses displaying a un. 52 4-04 16848 Intoxicated Officer used hands-on techniques to place a Subject resistive subject into the back of a s uad car. 18 4-15 18888 Animal Officer deployed a .22 to terminate a sick Com hint raccoon. 40,4, 4-15 18897 Trespass Officers displayed tasers and a sidearm to stop a gg subject aggressively approaching with a baseball bat. 16,9, 4-22 20097 Assist Other Officers used hands-on techniques and deployed 38 Agency a taser on a resistive and combative suicidal subject who had fought with hospital staff and was attem tin to flee. 24 4-23 20295 Violation of a Officer used hands-on techniques to place a No Contact resistive subject into the back of a squad car. Order 39 4-23 20241 Mental Officer used hands-on control and take-down Impairment techniques to control a subject who had kicked officers and attem ted to flee a court committal. 35 4-23 20197 Fight Officers deployed a taser to subdue a subject actively assaulting another person and ignored orders to sto . 18 4-30 21660 Assist Other Officer joined a vehicle pursuit initiated by an A enc outside a enc . July 21, 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: 05/10/10 PCRB Mtg #1 (Review) 05/11/10 PCRB Mtg #2 (Review & Assign) 07/13/10 PCRB Mtg #3 (Review Draft) 07/21/10 PCRB Report due (45days): 06/24/10 30-day Ext Request: 07/26/10 PCRB Complaint #10-03 Filed: 04/15/10 Chief's Report due (90days): 07/14/10 Chief's Report filed: 07/13/10 PCRB Mtg #1 (Review) 07/21/10 PCRB Mtg #2 (Review & Assign) ??/??/?? PCRB Report due (45days): 08/27/10 PCRB MEETING SCHEDULE August 10, 2010 September 14, 2010 October 12, 2010 November 9, 2010 POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS May 2010 Date Description None POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS June 2010 Date Description None POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319) 356-5041 r.s C"..l ~a "'6 July 21, 2010 q~ i._ ~ ~ - - ~ ~ . ,~ To: City Council -- _ . ' °~ "- Complainant ~- _ ~.. Dale Helling, Interim City Manager ~;, Sam Hargadine, Chief of Police ~ ,'~ Officer(s) involved in complaint From: Police Citizen's Review Soard Re: Investigation of PCRB Complaint #10-01 This is the Report of the Police Citizens Review Board's (the "Board") review of the investigation of Complaint PCRB# 10-01(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 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 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 Complainant on February 11, 2010. As required by Section 8- 8-5 (B) of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chiefs Report was completed on May 10, 2010 and was filed with the City Clerk on May 10, 2010. The Board met to consider the Chiefs Report on May 11, 2010, July 13, 2010 and July 21, 2010. At the May 11 ~' 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. FINDINGS OF FACT: On February 6, 2010 at 2342 hours, Officer A responded to a fight call at the VFW on Highway 6 West as a backup officer. When he arrived, he noticed the complainant being lead away by other people. He described her as being very agitated, yelling profanities, and displaying obscene gestures. Officer A believed that she was involved in the fight call. Officer A grabbed hold of her arm to place her under arrest and she resisted this and failed to place her hands behind her back. Officer A then grabbed both arms and placed her in handcuffs. Complainant was charged with Disorderly Conduct and Interference with Official Acts. ALLEGATION: Complainant alleges that Officer A used excessive force while placing_her under arrest. An investigation was conducted with video/audio recordings and interviews of the officers involved. Complainant was contacted and agreed to an interview on February 23, 2010, but failed to make the appointment. She also failed to respond to future requests to meet. Witnesses were identified and contact was initiated by the investigators but no response was received. The audio portion of the incident was reviewed and Complainant could be heard yelling when Officer A arrived. Officer A instructed the Complainant a number of times to put her hands on the car, and later to put her hands behind her back. There is no indication of profanity from Officer A. There is also no indication that Complainant's head was hit against the car. No sound or indication of camera movement was detected. At no time does Officer A say that he is"going to make an example out of her," as she claims in her statement. Complainant claims that her rights were never read to her. Officer A did not question Complainant about the incident so Miranda Rights were not necessary. Upon reviewing the video/audio portions and interviews with Officers involved, there is no evidence that excessive use of force was used. NOT SUSTAINED N ~~ ~~ ~T. ._ ~-~ 4_ .. ~ 1 lJ _. r..J ": ~~ U i F-._.,_ _ w.~_.9 .,; r _,. l:~ Catherine A. Pugh Attorney at Law 4743 Dryden Court Iowa City, Iowa 52245 July 15, 2010 POLICE CITIZEN'S REVIEW BOARD C/0 Ms. Marian Carr City Clerk City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 RE: Increase in hourly rate Dear Marian, Pursuant to the employment agreement I entered with the City of Iowa City on June 7, 1999, I would like to request an increase in the hourly rate for my fees to the Iowa City Police Citizen Review Board. My hourly rate for service has been $115.00 since 1999. I have avoided any rate increase eleven years. I would propose an increase to $150.00 per hour effective on September 1, 2010. Per your email, this matter will appear on the Agenda for the Board meeting on July 21. I will be happy to answer any further inquiries at the meeting. Best Regards, Catherine Pugh STEiN, ~399~ &PUGH, L.L.P. L. JAY STEIN DOUGLAS $. RUSSELL CATHERINE A. PUGH' 'ALSO AOMITTEO IN ILLINOIS Ms. Marian Karr City Clerk Iowa City Civic Center 410 E Washington Street Iowa City, IA 52240 ATFORNSYS AT LAW ENGLERT BUILDING P. O. BOX 2416 IOWA CITY, IOWA 52244 June 7, 1999 RE: Legal Counsel for Police Citizens Review Board Dear Marian: FAX f3I0) 361-640® TELEPHONE 1319) 381-8610 Thank you for your call on June 1, 1999, ! am pleased to accept the position of attorney for the Police Citizens Review Board. I propose that the following terms of employment be approved: I sha(I be paid for all services as legal counsel at the rate of $115.00 per hour. The Police Citizens Review Board shall be given 30 days notice of any fee increase. Travel time outside the corporate limits of Iowa City, if necessary, shall be billed at the same hourly rate. 2. A monthly statement for services will be submitted to Marian Karr, the Clerk of the City of Iowa City, itemizing in detail all billable time by item, date, and time based on tenths of an hour. 3. The minimum billable time for a telephone call is .2 hours. The minimum billable time for preparation of a letter or written document is .25 hours. 4. Each statement for services shall be paid within thirty days of receipt. 5. No retainer fee is required. 6. Ali attorney expenses for legal counsel work shall be included in the monthly statement for services and payable on the same basis as legal fees. 7. Mileage for travel required outside the corporate limits of Iowa City shall be billed at the usual rate for employee's of Iowa City. 8. Either I or the Police Citizens Review Board may terminate the agreement at any time by providing written notice of the termination. 9. I understand City staff is available to assist with photocopying, postage, and other clerical duties. STEIN &PUGH, L.L.P. Page 2 of 2 To: Marian Karr June 7, 1999 Please let me know if any additions or changes are requested. Thank you again. Yours truly, STEIN &PUGH, L.L.P. ~~;, ~~~'~-t,~tn...~ `~~~-~' Catherine A. Pugh CAP.kkj On this ~~ day of June, 1999, the undersigned, on behalf of the City of Iowa City, approves the terms of employment stated above. _~.. Stephen .Atkins City Manager POLICE CITIZENS REVIEW BOARD DRAFT GENERAL RESPONSIBILITIES Established in 1997, by ordinance #97-3792, the Iowa City Police Citizens Review Board (PCRB) consists of five members appointed by the City Council. The PCRB has its own legal counsel. The Board was established to review investigations into claims of police misconduct, and to assist the Police Chief, the City Manager, and the City Council in evaluating the overall performance of the Police Department by reviewing the Police Department's investigations into complaints. The Board is also required to maintain a central registry of complaints and to provide an annual report setting forth the numbers, types, and disposition of complaints of police misconduct. The Board shall hold at least one community forum each year for the purpose of hearing citizens' views on the policies, practices and procedures of the Iowa City Police Department. To achieve these purposes, the Board complies with Chapter 8 of the Iowa City Code and the Board's By-Laws and Standard Operating Procedures and Guidelines. ACTIVITIES AND ACCOMPLISHMENTS FOR FISCAL YEAR 2010 Meetings The PCRB holds monthly meetings on the second Tuesday and special meetings as necessary. During FY10 the Board held twelve meetings and one Community Forum. Five meetings were cancelled or not held due to lack of Board business, quorum issues and weather. ICPD Policies/Procedures/Practices Reviewed By PCRB The ICPD regularly provided the Board with monthly Use of Force Reports, Internal Investigation Logs, Demographic Reports and various Training Bulletins. The Department also provided various General Orders for the Board's review and comment. A senior member of the Police Department routinely attended the open portion of the PCRB meetings, and is available for any questions Board members have regarding these reports. Presentations In November of 2009, the Board held its second Community Forum as required by the change in the City Charter. Board Members In September of 2009, Michael Larson and Greg Roth's terms ended and were replaced by Joseph Treloar and Vershawn Young. In October officers were nominated with Donald King as Chair and Janie Braverman as Vice-Chair. Abbie Yoder later resigned and was replaced by Royceann Porter in March of 2010. COMPLAINTS Number and Type of Allegations Four complaints (09-06, 10-01, 10-02, 10-03) were filed during the fiscal year July 1, 2009 -June 30, 2010. Three public reports were completed during this fiscal period (09-03, 09-04, 09-05) and two complaints were dismissed (09-06, 10-02). The remaining complaints filed in FY10 are pending before the Board (10-01, 10-03). Allegations Complaint #09-03 1. No medical assessment was conducted when Citizen A was arrested. NOT SUSTAINED. 2. Citizen A's attackers were not pursued. NOT SUSTAINED. PCRB Annual Report FY 2010 - (Final/Approved ?/?/??) - 1 3. No medical assistance or treatment was offered prior to Citizen A being placed in jail. This allegation involves Johnson County Sheriffs Department personnel at the County jail. As it does not involve the Iowa City Police Department. NOT SUSTAINED 4. No continued medical assessment was conducted after Citizen A fell asleep in his cell. This allegation involves Johnson County Sheriff's Department personnel at the County jail. As it does not involve the Iowa City Police Department. NOT SUSTAINED 5. Citizen A who had open wounds was allowed to be in the presence of others in a jail cell. This allegation involves Johnson County Sheriff's Department personnel at the County jail. As it does not involve the Iowa City Police Department. NOT SUSTAINED 6. Due to Citizen A's open wound, he was exposed to contaminants in the jail cell. He was not offered gauze to protect against infection. This allegation involves Johnson County Sheriff's Department personnel at the County jail. As it does not involve the Iowa City Police Department. NOT SUSTAINED 7. Citizen A was in jail for 11 hours and while there, had no access to water to drink or clean up with. This allegation involves Johnson County Sheriff's Department personnel at the County jail. As it does not involve the Iowa City Police Department. NOT SUSTAINED A statement attached to the original 09-02 complaint was from Citizen A. An investigation was initiated on these allegations and the findings are listed below as Allegations 8 through 13: 8. Citizen A alleges that he was not read his Miranda warning. NOT SUSTAINED 9. Citizen A alleges that he was sworn at by police and demeaned by the officer's language. NOT SUSTAINED 10. Citizen A alleges that he was threatened with force. NOT SUSTAINED 11. Citizen A alleges that he was threatened with having the police car filled with tear gas. NOT SUSTAINED 12. Citizen A alleges that he was not allowed to tell the arresting officer his account of what happened nor did any officer ask him for his account of what happened, nor was there an acknowledgement of him having been assaulted and injured. NOT SUSTAINED 13. Citizen A alleges that while in jail, he was offered no medical attention nor was medical intervention provided by jail staff. This issue does not involve Iowa City Police personnel and should be referred to the other agency involved. NOT SUSTAINED A statement attached to the original 09-02 complaint was from Citizen B. An investigation was initiated on these allegations and the findings are listed below as Allegations 14 through 18: 14. Citizen B alleges that he was told to leave the area after Citizen A was handcuffed and was not given the opportunity to give a statement about his and Citizen A's assault. He also alleges that the officer was not interested in pursuing the perpetrators of Citizen B's assault. NOT SUSTAINED 15. The statement also includes references to the officers being non-responsive to his inquiries about Citizen A and the assaults. NOT SUSTAINED 16. Citizen A also alleges that the officers threatened him with force if he did not quiet down, and that officers were rough with him when they put him into a police vehicle. NOT SUSTAINED 17. The statement further alleges that later that night, he saw the assault suspect, tried to summon officers who were with another subject, and they refused to assist him and refused to give him their names. NOT SUSTAINED 18. Citizen B alleges that when he tried to pick-up Citizen A from jail, jail staff told him he could pay the Citizen A's fine or leave. NOT SUSTAINED Complaint #09-04 1. Citizen alleges that Officer A harassed him during the incident of June 19th. NOT SUSTAINED Complaint #09-05 1. Officer A did not take responsibility for the "safety and protection" of the Citizen while he was under PCRB Annual Report FY 2010 - (Final/Approved ?/?/??) - 2 arrest and in his custody; did not treat him humanely; and subjected him to unnecessary restraint applying handcuffs too tightly to his wrists. (Violation of Iowa City Police Rules /Regulations, Section 345.8 -Arrests, and Section 345.09 -Custody of Prisoners). NOT SUSTAINED 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 failing to loosen handcuffs around his wrists in a timely manner after being advised they were too tight. (Violation of Iowa City Police Rules /Regulations, Section 345.8 -Arrests, and Sectlon 345.09 - Custody of Prisoners). NOT SUSTAINED 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 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). NOT SUSTAINED Level of Review The Board decided, by simple majority vote, the level of review to give each report, selecting one or more of the six levels specified in the City Code per complaint: Level a On the record with no additional investigation 2 Level b Interview or meet with complainant 0 Level c Interview or meet with named officer 0 Level d Request additional investigation by Chief or 1 City Manager, or request police assistance in the Board's own investigation Level a Board performs its own additional investigation 0 Level f Hire independent investigators 0 Complaint Resolutions The Police Department investigates complaints to the PCRB of misconduct by police officers. The Police Chief summarizes the results of these investigations and indicates in a report (the Chief's Report) to the PCRB whether allegations are sustained or not sustained. (If complaints are made against the Chief, the City Manager conducts the investigation and prepares and submits the reports.) The Board reviews both the citizens' complaint and the Chief's Report and decides whether its conclusions about the allegations should be sustained or not sustained. The Board prepares a report which is submitted to the City Council. Of the twenty-two allegations listed in the three complaints for which the Board reported, none were sustained. The Board made comments and/or recommendations for improvement in police policy, procedures, or conduct in three of the reports: Complaint #09-03 Both of these incidents are unfortunate, but both on-scene and post-event investigations were hampered by the victims themselves. Citizen A was arrested entirely on his level of intoxication and corresponding behavior that night and had nothing to do with the fact that he was a victim of an assault. He was detained initially so officers could evaluate his role in the conflict. Only as the contact between Citizen A and the police officers escalated was the decision to arrest him made. He was arrested for public intoxication; being under the legal age; being profoundly intoxicated; and unable to attend to his own actions safely and satisfactorily. PCRB Annual Report FY 2010 - (Final/Approved ?/?/??) - 3 Citizen B was aggressive and, by his admission to Officer D, intoxicated. He did not like the way the officer took report information, even though the officer repeated the information back to him. He challenged the manner in which officers were dealing with a separate issue were deployed, asserting that his issue was a priority and was defiant when told differently. He has also failed to show investigators evidence related to his assailants identification (the cell phone photo). Complaint #09-04 While the Citizen may not have been harassed under the definition of the Iowa Code, the Citizen felt he had been harassed because he was stopped, then let go, and then stopped a second time. Had the officer stopped him and completed his investigation in a single stop, the Citizen would not have felt harassed. The PCRB feels it's important that the officers behave in a way that the citizens don't feel harassed and that this particular agitation could have been avoided Complaint #09-05 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. Name-Clearing Hearings The ordinance requires that the Board not issue a report critical of the conduct of a sworn officer until after aname-clearing hearing has been held. During this fiscal period, the Board scheduled no name- clearing hearings. Mediation Officers and complainants are notified by mail that formal mediation is available to them at any stage in the complaint process before the Board adopts its public report. All parties involved must consent to a request for mediation. No mediations were convened this year. Complaint Histories of Officers City ordinance requires that the annual report of the PCRB must not include the names of complainants or officers involved in unsustained complaints and must be in a form that protects the confidentiality of information about all parties. In the three complaints covered by the FY10 annual report a total of five officers were named. ICPD Internal Investigations Logs The Board reviewed the quarterly ICPD Internal Investigations Log, provided by the Chief of Police. COMPLAINT DEMOGRAPHICS The following is demographic information from the three complaints that were completed in this fiscal year. Because complainants provide this voluntarily, the demographic information is incomplete. Category/Number of Complainants Age: National Origin: Under 21 0 US Over 21 2 Unknown Unknown 1 Sexual Orientation: Heterosexual 2 Unknown 1 Gender Identity: Female Male Unknown Color: 0 White 0 3 Black 2 Unknown 1 Sex: 0 Female 0 2 Male 2 1 Unknown 1 PCRB Annual Report FY 2010 - (Final/Approved ?/?!??) - 4 Marital Status: Religion: Mental Disabilitv: Single 2 Unknown 3 No 0 Married 0 Yes 0 Unknown 1 Unknown 3 Physical Disabilitv: Unknown 3 BOARD MEMBERS Donald King, Chair Janie Braverman Michael Larson /Joseph Treloar Greg Roth / Vershawn Young Abbie Yoder / Royceann Porter PCRB Annual Report FY 2010 - (Final/Approved ?/?/??) - 5 POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5041 May 12, 2010 Mayor Matt Hayek 410 E. Washington Street Iowa City, IA 52240 Dear Mayor and Council Members: At the May 11, 2010 meeting, the PCRB voted in open session to request a 30-day extension regarding the reporting deadline for the Public Report according to the City Code for PCRB Complaint #10-01 for the following reasons: • Due to timelines, and scheduling • Public Report presently due June 24, 2010 30-day Extension request -Report would be due on July 26, 2010 The Board appreciates your prompt consideration of this matter. Sincerely, . . ~na.L~ ~~ ~ x~ Donald King, Chair Police Citizens Review Board cc: City Attorney Updated 07/01/10 POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5041 Donald King, Chair 2374 Kristian St Iowa City, IA 52240 (C) 512-8861 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 Peter Jochimsen 1010 Woodlawn Ave Iowa City, IA 52245 (H) 351-6649 Position Vacant 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 Term: September 1, 2008 -September 1, 2012