Loading...
HomeMy WebLinkAbout08-10-2010 Police Citizens Review BoardAGENDA POLICE CITIZENS REVIEW BOARD August 10, 2010 - 5:30 P.M. LOBBY CONFERENCE ROOM 410 E. Washington Street ITEM NO. 1 CALL TO ORDER and ROLL CALL ITEM NO. 2 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED • Minutes of the meeting on 07/21/10 • ICPD General Order 95-04 (Administration of Department Training) • ICPD General Order 00-03 (Less Lethal Impact Munitions) - no change • ICPD General Order 00-05 (Off-Duty Conduct:Powers of Arrest) - no change • ICPD General Order 00-09 (Organization) • ICPD General Oder 01-06 (Juvenile Procedures) ITEM NO. 3 NEW BUSINESS • Community Forum ITEM NO. 4 OLD BUSINESS • Update Forms • PCRB Annual Report ITEM NO. 5 PUBLIC DISCUSSION ITEM NO. 6 BOARD INFORMATION ITEM NO. 7 STAFF INFORMATION ITEM NO. 8 CONSIDER MOTION TO ADJOURN TO EXECUTIVE SESSION based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. ITEM NO. 9 MEETING SCHEDULE and FUTURE AGENDAS • 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 • December 14, 2010, 5:30 PM, Lobby Conference Rm ITEM NO. 10 ADJOURNMENT MEMORANDUM POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City DATE: August 5, 2010 TO: PCRB Members FROM: Kellie Tuttle RE: Board Packet for meeting on August 10, 2010 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 08/10/10 • Minutes of the meeting on 07/21/10 • ICPD General Order 95-04 (Administration of Department Training) • ICPD General Order 00-03 (Less Lethal Impact Munitions) - no change • ICPD General Order 00-05 (Off-Duty Conduct: Powers of Arrest) - no change • ICPD General Order 00-09 (Organization) • ICPD General Oder 01-06 (Juvenile Procedures) • PCRB Annual Report -DRAFT #2 • Complaint Deadlines • PCRB Office Contacts -July 2010 • Draft Complaint form and Brochure (Handed out during 8/10 meeting) Other resources available: National Association for Civilian Oversight of Law Enforcement NACOLE provides information regarding civilian oversight in law enforcement nation wide. For more information see: www.NACOLE.org DRAFT CALL TO ORDER: MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: POLICE CITIZENS REVIEW BOARD MINUTES -July 21, 2010 Chair Donald King called the meeting to order at 5:32 P.M. Royceann Porter, Peter Jochimsen Joseph Treloar Staff Catherine Pugh and Kellie Tuttle Captain Wyss, Officer Schwindt and Officer Smithey of the ICPD RECOMMENDATIONS TO COUNCIL (1) Accept PCRB Report on Complaint #10-01 INTRODUCTION OF NEW MEMBER King introduced Peter Jochimsen who was appointed by the City Council at the May 10th meeting and term started July 1. CONSENT CALENDAR Motion by Porter and seconded by Jochimsen to adopt the 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 Motion carried, 3/0, Treloar absent. CONSIDER REQUEST FROM PCRB LEGAL COUNSEL FOR FEE INCREASE EFFECTIVE SEPTEMBER 1, 2010 Motion by Jochimsen, seconded by Porter to approve the request from PCRB Legal Counsel for a fee increase effective September 1, 2010. Motion carried, 3/0, Treloar absent. NEW BUSINESS PCRB Annual Report -The Board reviewed the draft and agreed to add more information under Presentations. Tuttle will include a 2"d draft in the next meeting packet. PCRB July 21, 2010 Page 2 OLD BUSINESS Update Complaint Forms -King confirmed the changes requested and will have a draft ready for the next meeting packet. Comprehensive Review of PCRB Ordinance By-Laws, SOP's - Motion by Jochimsen, seconded by Porter to defer until January 2011, due to the change in members and the upcoming schedule including the annual forum. Motion carried, 3/0, Treloar absent. Motion to accept ICPD General Order 01-01 (Racial Profiling) -. Motion by Jochimsen, seconded by Porter to defer until January 2011, due to the change in members and the upcoming schedule including the annual forum. Motion carried, 3/0, Treloar absent. PUBLIC DISCUSSION None. BOARD INFORMATION None. STAFF INFORMATION EXECUTIVE SESSION Tuttle asked the Board to review the member contact sheet and let her know of any changes. Motion by Porter 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, Treloar absent. Open session adjourned at 5:56 P.M. PCRB July 21, 2010 Page 3 REGULAR SESSION Returned to open session at 6:19 P.M. Motion by Porter, seconded by Jochimsen to forward the Public Report as amended for PCRB Complaint #10-01 to City Council. Motion carried, 3/0, Treloar absent. Motion by Porter, seconded by Jochimsen to set the level of review for PCRB Complaint #10-03 to 8-8-7 (B)(1)(a), On the record with no additional investigation. Motion carried, 3/0, Treloar absent. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • 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 ADJOURNMENT Motion for adjournment by Porter, seconded by Jochimsen. Motion carried, 3/0, Treloar absent. Meeting adjourned at 6:30 P.M. ~C ~~o~c zz~~ro o a' ~' ~ ~`' c C o o a o 0 0~ ~ o o ~~ e o • . -s ~ '. ~ v, ~ m O ~ ~ ~ ~. f Di y ~ ~ a°~~s c„ -~i ~ Y _ H ~ x ~ ~ • ~ s ~~ bz w N N w w N ,,~, , o ~ ~ ~ z z z N ~ ~ 3 ~ ~ N X i i i ~ ~ X J ~ ~ i ~ ~ ~ ~ O >C j O ~ k A w ~ ~ ~ ~ ~ ~c o ; ~ ~ ~ ~ `" ~ z z z z l ~ 1 ~ ~ ~ 3 o ~ ~'C ~ ~C 9'C ~ °~ ~ A J J i i X X 0 ~ ~ N F r i i 1 1 ~ 1 ~ I ~ 1 1 1 1 1 1 1 1 1 ~ d :~ b O r ~~ ~~ yn r~ H ~ Y ~ ~ n ~ N rrJ ~ ~ C O~ ~~ 0 POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319) 356-5041 ra y ~ ._.. i J July 21, 2010 . J ,.. To: City Council - ~ J ~'-~ Complainant ~ ~_ - , Dale Helling, Interim City Manager ~;,, , Sam Hargadine, Chief of Police ~ ,,,~, Officer(s) involved in complaint From: Police Citizen's Review Board 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 Chiefs professional expertise", Section 8-8-7 B (2). While the City Code directs the Board to make "Findings of Fact", it also requires that the Board recommend that ~~ the Police Chief reverse or modify his findings only if these findings are unsupported by substantial evidence', are "unreasonable, arbitrary or capricious" or are "contrary to a Police Department policy or practice, or any Federal, State or local law", Section 8-8-7 B (2) a, b, c. 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 Chiefs 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 ~a . ,....,.i C___ v.-_ i i .. ~..~ ._.~ > - ~} 'I . ~ J -..:. cl.~ -~..J TRN-01.1 Effective Date Section Code Au ust 5, 2010 TRN-01 .~: G~~~ r ~~~~~~ ~~~ ~~~ Reevaluation Date Amends /Cancels ' Au ust 2013 Iaha C.A. L. E.A. Reference Cha ter 33 INDEX AS: Authority and Responsibility, Department Training Career Specialty In-Service Training, Definition Department Training Administration Department Training Authority and Responsibility Department Training Committee Department Training Goals Department Training Policy Education and Training Record 0 5 201 ~y c!ery ('ir , ~c:va Lodging Reimbursement, Training Meal Reimbursement, Training Reimbursement, Training Training Committee, Department Training Course Critique Training Expense Reimbursement Training Goals, Department Training Policy Statement Travel Costs, Training I. PURPOSE The purpose of this policy is to establish the policies and procedures for the administration of the Department Training function. II. POLICY It is essential that all Department personnel are properly trained to fulfill the Department responsibility to provide professional law enforcement service to the Iowa City community. Training stimulates, develops, and improves the skills, knowledge and abilities necessary for individuals to stay competent in the duties and responsibilities of their respective positions. The dynamic nature of the law enforcement profession dictates that training be a continuous process of personal and professional growth and development. While the Department bears the primary responsibility for personnel training, all supervisors, officers, civilian employees, and designated Field Training officers have the responsibility to acquire for themselves and to teach those with whom they work, the skills, knowledge and abilities necessary to perform their tasks and duties. TRN-01.2 III. DEFINITIONS A. Proficiency In-Service Training - A training process designed to stimulate, develop, and improve the skills, knowledge, and abilities necessary to stay competent in the duties and responsibilities of the position. Proficiency and responsibilities of the job presently being performed enhances the employee's skills beyond the minimum level and increases the potential for career advancement. B. Career Specialty In-Service Training - A training process used to provide an advance level of instruction in an area of interest and specialization that enhances the overall potential for job satisfaction and career development. IV. PROCEDURES The training goals of the Iowa City Police Department are: A. To stimulate, develop, and improve the skills, knowledge, and abilities of all Department personnel. B. To provide new officers with the legally mandated basic training and with the necessary Department field training. C. To provide annual in-service training to all officers for purposes of updating and enhancing their knowledge, skills and abilities. D. To present career specialty in-service training on an as needed and/or as requested basis so as to provide advanced levels of instruction in areas of specialization necessary to carry out the Department mission and enhance career development. E. To identify and utilize the most cost-effective means for providing basic and in-service training to all personnel. F. To develop as necessary, in-house training programs designed to meet unique Department training needs. _~1~,~_.~ /~ia_ /LT DEPARTMENT TRAINING FUNCTION AUG 0 5 7010 Cuy Clerk Authority and Responsibility `0`~' ~,'''~' i°`~'1 A. Unit and Section Supervisors -Each supervisor will assess, on a continual basis, the skills, knowledge, and abilities of their personnel so as to improve upon performance levels and to identify potential areas of career interest and specialization. Whenever a supervisor identifies a specific need for proficiency in-service training or career specialty in-service training, they must notify their Division Commander, in writing, of that need or interest. B. Division Commander -Each Division Commander is responsible for updating minimum proficiency in-service training needs (i.e. CPR, Firearm) and career specialty training interests in order to assign those individuals to the proper training courses, when they become available. C. Chief of Police -The Chief of Police makes the final decisions about the development of in-house training programs and the assignment of personnel to particular training courses. These decisions are made based upon the recommendation and requests of the various division commanders, TRN-01.3 supervisors, officers, and civilian .employees. In addition to the previously mentioned responsibilities, the Chief, or his/her designee is responsible for the overall coordination of the Department training function, to include, but not limited to: 1. identification of individual, unit and/or Department training needs; 2. assignment of personnel to appropriate and/or necessary training programs; 3. development and implementation of in-house training programs; 4. maintenance of an inventory of the programs and resources available to provide in-service training; ~~.~_.~'~~ 5. maintenance of Department training records; i~~ x~ 6. review and evaluation of training programs; AUG 0 ~ 2010 7. development of an annual Department training plan. c,ty clerk ;owa city, lowa D. Department Training Committee - On an annual basis, the Chief of Police shall appoint representatives from the Department and the departmental training officer to serve on a Department Training Committee. The purpose of this committee is to review, evaluate, and recommend revisions for the Department training effort and to identify areas in which training is lacking. Representatives each year shall be selected from various divisions and watches to better obtain an overall representation of the Department. Representatives shall have an expressed interest in Department Training. Supervisors shall submit names of officers /employees to the Chief or designee who fit these criteria for selection. At the conclusion of their review, the department training officer will prepare a written report summarizing their findings. This annual training review report will be submitted to the Chief of Police for review. The department training officer may use this report as a basis for the development of on-going training. E. Department Training Officer -The department training officer is responsible for ensuring that members of the department receive the minimum mandatory training as required by law. Additionally, he/she shall continually develop, implement and evaluate departmental training and assist in assessing the training needs of the department. He/she shall maintain records of the training provided "in-house" and records/documentation of training received outside the department. Education and Training Record Officers assigned to attend a training session shall arrive at the designated training at the specified time and with any required equipment. Officers shall attend the assigned training in its entirety. In those instances where the officer is required to miss part of the scheduled training for court or other duty related circumstances, the officer shall notify the instructor of the course at the beginning of the session. To the extent possible, officers shall complete any make up assignments as directed by the instructor. The instructor shall be provided the reason for the absence and the anticipated time of return. In situations where the officer is absent for other than a duty related reason, the officer shall notify his/her supervisor of the absence as soon as TRN-01.4 possible. Officers missing mandatory training for which they have been scheduled may be required to make up the training. Officers assigned to a training session shall be considered on duty for that day(s). The officer will be reimbursed consistent with city policy for expenses incurred and related to the training. All materials obtained at training are the property of the Iowa City Police Department and the officer may be required to submit the materials for review or to a departmental library. For all departmental training conducted by members of the Iowa City Police Department, the person assigned to conduct the training shall submit a lesson plan or outline to the training officer for review and approval at least three (3) business days prior to the training. The lesson plan or outline shall include the following: A. a statement of performance and job-related objectives; B. the content of the training, specification of the instructional techniques to be used, and the anticipated amount of training time; C. identification of any tests or evaluations used in the training process. The departmental training officer shall maintain a record of all departmental training. These records shall include lesson plans/outline, name of attendees, and the performance of individual attendees as measured by any applicable tests or performance evaluations. Personnel assigned to the training function should receive training as available, in the following areas: A. lesson plan development; ~ ~ ,~-~ -: j~ B. performance objective development; ~~ '`-' C. instructional techniques; AUG 0 5 2010 D. testing and evaluation techniques; c~~y c~etk Iowa Ciry, Iowa E. resource availability and use. For training in which officers are tested or evaluated, officers failing to satisfactorily complete the training may be required to repeat the training or attend a remedial training session as directed by their watch commander. In addition watch supervisors shall note any training deficiencies or needs when completing the employees annual evaluation. Upon the completion of a training session the employee shall provide the departmental training officer copies of any certificates and test scores. The training officer shall document the completion of the training in the employee's departmental training file. RECRUIT OFFICER TRAINING The Iowa City Police Department shall maintain contact with all personnel attending basic training classes. In addition, the departmental training officer shall periodically review the contents of the training received at any outside basic training academies and forward any concerns to the Commander of Administrative Services for review. All TRN-01.5 expenses incurred in the attendance of the academy will be born by the Iowa City Police Department. All recruit officers attending the academy are full time employees of the Iowa City Police Department and receive all applicable benefits and protections provided as such. When requested and to the extent possible the Iowa City Police Department will provide instructors to outside academies. Upon completion of basic training, officers shall receive training relating to departmental Rules and Regulations and Departmental Orders. This training will be part of the Field Training and Evaluation process and may be conducted by FTOs or others knowledgeable in this area. Sworn personnel who have not completed the basic training academy shall not carry a weapon or be placed in a position where there is a likelihood of having to take any type of official action. Recruit officer training will include training of those tasks most frequently associated with the duties of a patrol officer. Evaluation of these tasks shall be based on and consistent with the evaluation system used in the Field Training and Evaluation Process. The evaluation should assess the recruit officer's knowledge of the topic as_ _~ well as the recruit officers abilities and skills when performing the requisite task. ~'.~_: A~',.~.~ l~ .~T INSERVICE TRAINING AUG 0 5 2010 City Clark On a regular basis, officers shall receive update/refresher training as well as trainiri~''l~'ir~, rc~,v,i new areas. As they become available officers shall receive training in new or changes in the law. This training may be in the form of Watch Training, the training bulletin, Department -wide training or other formats as determined best suited for the training. In order to keep officers updated on current trends, techniques, policies, laws etc. and to address areas of concern, the departmental training officer shall provide regularly scheduled watch training. Watch training will be conducted by watch supervisors in conjunction with the regularly scheduled watch meeting. As needed, the department will provide specialized training to personnel who perform specialized functions. These shall include but is not limited to crime scene technicians, accident investigators, canine units, hazardous device technicians, special response team personnel, and others. Agency employees assigned to the position of accreditation manager shall receive specialized accreditation manager training within one year of being appointed. Newly hired or appointed civilian personnel shall be provided information on the Departments role, purpose goals, policies and procedures; working conditions and regulations; and responsibilities and rights of the employee. Prior to being assigned regular duties as a Station Master, the person shall receive training in the operation, procedures and duties of the position. In addition they shall receive regular in-service training in this area. TRN-01.6 All promoted personnel shall receive training in their new duties and responsibilities within the first year of their promotion. Personnel shall receive training in the following areas on an annual basis. A. firearms B. defensive tactics C. motor vehicle operations ~-~'.~_~_.~~',-- D. biased based contacts ~D"' ~~T E. hazardous materials /critical incidents AUG 0 5 2010 F. CPR c,~y c~ezx G. bloodborne pathogens i°`yat~'`-,; ~°~~1 H. legal issues Samuel Hargadi ,Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of 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-15.1 LESS LETHAL ~IGf c~ ~~ IMPACT ~i- MUNITIONS Date of Issue General Order Number MAY 12, 2000 00-03 Effective Date Section Code Jul 26, 2010 OPS-15 Reevaluation Date Amends /Cancels MAY 2011 C.A.L.E.A. Reference 1.3.4,1.3.5,1.3.9,1.3.11 ~~ ~ ~ ,E~~ 3:?~p 1LT INDEX AS: JUL 2 7 2010 Use of Force Use of Force Matrix ~;,y clerk Less Lethal l6''Y`' ~"`~''°" 3 I. PURPOSE The purpose of this order is to identify the conditions under which officers may deploy and use less lethal impact munitions. II. POLICY The Iowa City Police Department places the highest of value on human life. The department is authorized and trained in the use and deployment of less lethal munitions. Less lethal munitions is a concept of planning and force application, which meets operational objectives, with less potential for causing death or serious physical injury than conventional police tactics/equipment. LEG-05.1 OFF-DUTY ~ja ~ ~. CONDUCT: ~~ ~~ POWERS OF ARREST Date of Issue General Order Number Jul 21, 2000 00-05 Effective Date Section Code Jul 30, 2010 LEG-05 Reevaluation Date Amends /Cancels Jul 2011 C.A. L. E.A. Reference 1.2.5, 1.2.6, 1.2.7 ~ ~~ AUG 0 2 2010 il, ~_ K.T INDEX AS: c~,y ci~~k io;;~a Ci[q, ic~.~s Use of Force Weapons Arrests I. PURPOSE The purpose of .this policy is to provide guidelines to .police officers regarding acceptable criteria for effecting an off-duty arrest. II. POLICY Off-duty officers are often faced with situations involving criminal conduct that they are neither equipped for nor prepared to handle in the same manner as if they were on duty. This may lead to unnecessary injuries to off-duty officers, and confusion for those on-duty officers arriving at the scene. In order to promote safety and efficiency, it is the policy of the Iowa City Police Department to determine and regulate those situations and locations within which a sworn member is permitted to effect an arrest while off- d uty. ORG-01.1 Date of Issue October 13, 2000 Effective Date July 20, 2010 Reevaluation Date July 2013 ORGANIZATION General Order Number 00-09 Section Code ORG-01 Amends /Cancels C.A.L.E.A. Reference r.~ 11.1.1, 11.2.2, 11.6.1, 11.6.2, ~v. `-~' ~_:~ INDEX AS: Organization Responsibilities ___ ~_.~. - : -•,3 _. ~~.,~ _ _ ;~..r _ ~ _„ `-~ ~, I. PURPOSE ~ ~' The purpose of this order is to define the organizational structure of the Iowa City Police Department. ,. Ic ~ . ~ ~~ . C°` ~~~ ~~ ~~~ II. POLICY It is the Policy of the Iowa City Police Department to maintain an organizational structure, which allows for the rapid response to the needs of the residents and visitors of Iowa City. While members of this department are primarily assigned to a particular function, it is recognized that on occasion they will be called upon to assist in a function other than their primary area of responsibility. III. DEFINITIONS ORG-01.2 IV. PROCEDURES A. CHIEF OF POLICE The Chief of Police is responsible to the City Manager of the City of Iowa City. The Chief of Police is granted authority to act from Iowa Code and the City Ordinances of Iowa City. The Chief of Police directly supervises up to ten employees and is functionally responsible for up to one hundred twenty (120) employees. The Chief of Police plans, directs, evaluates and manages the operations of the Iowa City Police Department. The Chief of Police is further empowered to formulate and implement new policy, operations and disciplinary procedures. The Chief of Police is further directed to foster positive relationships between the Police Department, outside agencies and the general public. Some of the responsibilities of the Chief of Police are: • review all significant incidents involving the department ~~ ~~ • develop and provide training for members of the department ~: • develop and administer the budget for the department ~~ + ~~ ! • reviews or conducts internal investigations ._ , _' ~., ~: • appoints, promotes within the department == ~ ``~' • evaluates staff _ - ' • develops and implements policy ~~ ~ -- • amend, suspend, supersede or cancel any rule, regulation or order • develop and implement changes in procedure ' - The Iowa City Police Department consists of two divisions: Field Operations and Administrative Services. Division commanders are responsible directly to the Chief of Police. 6. FIELD OPERATIONS Field Operations consists of the Patrol and Investigative sections. Each section commander is responsible to the Commander of Field Operations. The Commander of Field Operations is directly responsible for six to ten employees and functionally responsible for up to 70 employees. Some of the responsibilities of the Commander of Field Operations are: • oversees, directs and reviews daily patrol and investigative operations • directs Lieutenant of Investigations • meets with command staff and reviews areas of concern • informs Chief of Police as to ongoing activities of the assigned division • conducts internal investigations ORG-01.3 • prepares and submits required reports • participates in planning and research • assists in budget development • other duties as assigned (For more complete description see City of Iowa City job descriptions) 1. PATROL SECTION The patrol section is divided into three different watches, Days, Evenings, and Late night watch. Each watch is headed by a Lieutenant who is usually responsible for ten to sixteen employees. The Lieutenant of each watch is responsible to the Commander of Field Operations. The Patrol Lieutenants are responsible for the day to day operations of their respective watches. Some of the duties, which they are responsible for, are: • supervise field personnel • assist/conduct internal investigations • supervise the preparation of assignments and daily briefings • reviews reports prepares reports on activities/functions • evaluates subordinates • conducts watch meetings • other duties as assigned (For more complete description see City of Iowa City job descriptions) Under each Watch Commander are two Sergeants. The Sergeants on each watch are directly responsible to their respective watch commander. Patrol Sergeants supervise between ten to fourteen officers on a regular basis. Some of the duties, which patrol sergeants, are responsible for: • conducts daily watch meetings/briefings 1~~; • supervises and prepares assignments ~i6a ~-_~ • reviews reports ~ r ~ ~ ~ ° . • FATS instruction/training ~: .. ~~~ -~. • supervision of Field Training Officers and Probationary Offic'e~s • conducts investigations . ~ ~~'_ ~ ' .° • inspects and maintains vehicles and equipment ~~~~~-~ -:,- • visits officers in the field ~ ~-_~ • other duties as assigned (For more complete description see City of Iowa City job descriptions) Patrol officers comprise the remainder of the sworn personnel on each watch and are responsible to their respective watch supervisors. Patrol officers are responsible for routine law enforcement duties, including but not limited to: • patrol/community policing ORG-01.4 • traffic enforcement • collision investigation identification/collection of evidence • investigation of crimes • preparing reports • responding to calls for public service • other duties as assigned (For more complete description see City of Iowa City job descriptions) Community Service Officers (CSO) (non-sworn) are responsible to the supervisors of the watch to which they are assigned. Some of the responsibilities of CSOs are: • enforces parking regulations • directs traffic • collects stray animals • impounds vehicles • provides court messenger duties • other duties as assigned Community Service Officers are assigned to the Day and Evening watches. (For more complete description see City of Iowa City job description) School Crossing Guards (non-sworn) are responsible to the Chiefs Administrative Secretary. Responsibilities of School Crossing Guards are: • direct traffic at the intersection to which they are assigned • assist children in crossing the street • coordinate student crossings with student crossing guards 2. INVESTIGATIVE SECTION The Investigative Section is headed by a Lieutenant who is responsible for the overall operations. The Lieutenant of Investigations is responsible to the Commander of Field Operations. Some of the responsibilities of the Lieutenant of Investigations are: • supervise personnel :~ • conduct internal investigations - -` -~ • assignment of cases ~~._-~~ • review of reports ~ E ~,~~ _ ti • prepares reports on activities/functions W ~ E~-a d~ • evaluates subordinates 4 ~-:- -~ ~_:~ • coordinates multi-jurisdictional investigations with otli~~: agencies v • other duties as assigned ~ ' ~' {. . _, ORG-01.5 In the absence of the Lieutenant of Investigations, the Sergeant of Investigations shall assume duties of Investigation's Supervisor. The Sergeant in the Investigative Section is responsible for: • case preparation • reviews reports • supervision of Support watch • maintains records on forfeiture vehicles prepares reports on activities/functions • supervise and oversee the operation of the Street Crimes Action Team (SCAT) • assumes duties of Lieutenant of Investigations during their absence Investigators/officers in the Investigative Section are responsible to the Lieutenant of Investigations. Some of the responsibilities of Investigators are: • conducts interviews/interrogations • case preparation • collection of evidence • conducts follow up investigations • disseminate intelligence to patrol • other duties as assigned Officers and investigators of the Iowa City Police Department are of equal rank. Investigations is a temporary assignment and upon completion of a rotation, investigators return to the patrol section or are otherwise reassigned. Street Crimes Action Team (SCAT) are directly responsible to the Sergeant of the Investigations Section. Some of the responsibilities of SCAT officers are: f~a f.-~ • conduct gang related investigations t-~~ r_ • conduct drug related investigations ~~:_;~ • targeted patrol/investigations '` _ ~~ _ ~ ~~ • special assignments as needed ~ ~~ tti~ . • other duties as assigned °~ _ C. ADMINISTRATIVE SERVICES ~~; Administrative Services consists of the following sections; Emergency Communications, Police Records, Animal Control, Planning and Research, Community Relations and Property Control. The head of each section is directly responsible to the Commander of Administrative Services. The Commander of Administrative Services is directly responsible to the Chief of Police. The Captain of Administrative Services is directly responsible for six to ten employees and functionally responsible for up to thirty employees. Some of the responsibilities of the Commander of Administrative Services are: ORG-01.6 • oversees, directs and reviews daily activities of the assigned sections • oversees all departmental training • evaluates personnel under their command • meets with supervisors of affected sections and reviews areas of concern • informs the Chief of Police of ongoing activities of the assigned division • conducts internal investigations prepares and submits required reports participates in planning and research • assists in budget development • other duties as assigned 1. POLICE RECORDS Police Records is under the direction of a Police Records Supervisor.(non-sworn) The records supervisor is directly responsible to the Sergeant of Planning and Research. The record supervisor is regularly responsible for up to seven employees. Some of the responsibilities of the records supervisor are: ~' • manage in-house records-and computer systems ~ ~-~ • trains and evaluates subordinates ;~r .r., = _-'` • assists in development of computer applications ~~ ; -_~- _ 3 `J i • completion of scheduled reports ;" • coordinate computer usage, training -° r t'j • acts as liaison with other agencies - . - -. " • maintains supplies and equipment ~ ~-~' • assists in form development • manage, schedule and oversee Station Masters (for issues involving Station Masters, the Records Supervisor is directly responsible to the Commander Administrative Services) • other duties as assigned (For more complete description see City of Iowa City job description) a. Senior Police Records Clerk are responsible to the supervisor of police records.(non-sworn) Some of the responsibilities of Senior Records Clerks are: • reviews case reports and arrest information • classifies, indexes and prepares information for entry in Records Management System • enters above data into RMS • answers phones and provides information and reports as appropriate • makes referrals on requests for information • maintains records ORG-01.7 • collects money for record services • other duties as assigned (For more complete description see City of Iowa City job description) b. Records Clerks are responsible to the Records Supervisor.(non- sworn) Some of the responsibilities of Records Clerks are: • answers phones and provides information and reports as appropriate • responds to requests for information • maintains log of officers reports and files various records • maintains court schedule for officers • assists officers in locating files • other duties as assigned (For more complete description see City of Iowa City job description) c. Station Masters are responsible to the Records Supervisor. (non- sworn) Some of the responsibilities of Station Masters are: • assist general public with non-emergency services at the Police Department • Enter complaints into CAD system and relay information to JECC for dispatch. • Complete minor crime and non-action field reports • Assists departmental personnel in the performance of their duties • Monitors radio/alarms • Communicates information to police, fire and ambulance personnel via radio ~ -~ `~_' -, • Enters information on CAD including tows, stQlep- ve`~iicles, ~, tickets and other information - - ~~~~ _' ,' • Creates incident reports for calls for service ~ ~ ~:; ~ _~. • Other duties as assigned. " ~ --, ;•~, (For more complete description see City of Iowa.: Git~ job.,. description) ~~ • ~ °~ ~, ~~~: d. The Chiefs Administrative Secretary (non-sworn) is responsible to the Chief of Police. The Administrative Secretary is responsible for the following duties: • maintains payroll records and union contracts • reviews and submits maintains inventories and supplies • serves as a liaison between school crossing guards and the department • completes reports as required • answers phone and provides information or makes referrals ORG-01.8 • maintains training records • maintains Policy and Procedures manual • maintains forfeiture funds • maintains records on current grants and insures that files are in compliance • other duties as assigned 2. ANIMAL SERVICES The Animal Services section is responsible for enforcement of laws and ordinances pertaining to animals, issuance of licenses and permits, sheltering of animals, animal welfare and destruction of sick injured or unclaimed animals. The Animal Shelter is under the direction of the Animal Services Supervisor (non-sworn). The Animal Services Supervisor is responsible to the Commander of Administrative Services, and supervises between two to five employees. Some of the responsibilities of the Animal Services Supervisor are: • administers daily operations of the animal shelter • trains and evaluates subordinates • enforces ordinances and assists in updating of animal control regulations • heads Animal Services Advisory Board • supervises the treatment and adoption of animals • provides public information/tours/lectures • completes required documentation of activities • assists in budget preparation • other duties as assigned (For more complete description see City of Iowa City job descriptions) a. Under the Animal Services Supervisor are Animal Services Officers (non-sworn). Animal Services Officers are responsible to the Animal Services Supervisor. Some of the responsibilities of Animal Services officers are: • enforces ordinances and conducts investigations conducts educational activities picks up injured, stray and dead animals ~., • attempts to locate owners of lost or injured animals-=~' ~~~ • administers euthanasia drugs as required :== ~ ~ ~- ;; ; • maintains records for adoptions, licensing and rec.;L~ims ~;;~ ~ a _: • verifies vaccinations of animals -. ~ +~ • other duties as assigned ~ ' : - a1 (For more complete description see City of tows City job; descriptions) ~:-; ORG-01.9 b. Also directly responsible to the Animal Services Supervisor are the Animal Care Technicians (non-sworn). Some to the responsibilities of Animal Care Technicians are: • cleans and disinfects kennel area • cares for animals and performs animal behavior evaluations • Recommend animals for euthanasia and administers euthanasia drugs as required • prepare animals for rabies testing supervises obedience training and shelter volunteers • dispatches animal control officers perform adoption counseling • other duties as assigned (For more complete description see City of Iowa City job description) c. Also directly responsible to the Animal Services Supervisor are the Animal Center Assistants (non-sworn). Some of the responsibilities of Animal Center Assistants are: cleans and disinfects kennel area performs general custodial duties • cares for animals and assists in animal behavior evaluations • supervises shelter volunteers • dispatches animal control officers • updates animal control log entries • collects fees and issues receipts • other duties as assigned (For a complete description see City of Iowa City job description) 3. PLANNING AND RESEARCH The Planning and Research function is filled by a sergeant. The sergeant is directly responsible to the Commander- of Administrative Services, but shall have access to the Chief of Police as needed. This position is responsible for statistical analysis of data, identification of trends, tracking and compilation of data for scheduled reports, forwarding of identified trends to appropriate sections or watches and media relations. In order to ensure the accurate and timely response to ongoing situations, the sergeant of Planning and Research shall have access to those resources and information necessary to develop required reports. Some of the responsibilities of the Sergeant of Planning and Research are: r-~~ • report review • development of forms ~ ~ `~~' • completes required reports =ti~~ • updating of information for daily watch meetings ~~ ~-=~ ~ `,~- -~ '.] t_."? ~'..~ ORG-01.10 • completes weekly, monthly, quarterly and annual reports on activities • provide statistics and information for citizen questions/requests • completes information for government access channel (APB) • other duties as assigned • oversee the Records Supervisor • oversee the Community Relations function 4. COMMUNITY RELATIONS The Community Relations section is staffed by a uniformed officer who is directly responsible to the Sergeant of Planning and Research. The Community Relations Officers is trained in the areas of community relations, and crime prevention. Some of the functions of the Community Relations position is: • develop, implement and maintain neighborhood watch organizations • serve as liaison between community groups and the department • provide advice/assistance in formulating crime prevention strategies • coordinate speakers and speaking engagements • develop informational displays for community events • other duties as assigned The Community Relations is a five year assignment. Upon completion of their Community Relations assignment, the officer returns to the Patrol Section or are otherwise reassigned. (When an officer is in their final year of the assignment, another officer may be added, on a part time basis for training purposes) 5. EVIDENCE CUSTODIAN The position of Evidence Custodian (non-sworn) is directly responsible to the Commander of Administrative Services. In the absence of the Evidence Custodian, the duties are performed by the Commander of Administrative Services or designee. The Evidence Custodian is responsible for evidence/property, which comes in to the possession of the Iowa City Police Department. Some of the duties of the Evidence Custodian are: • catalog and maintain evidence/property that is submitted • store and process film N • submission of evidence to the appropriate lab ~~~ c--~ - ~__ • complete evidence sheets/reports "~ -~ ~ ~-' • entry of evidence/property into records system r.~ • return evidence/property upon receiving disposition ofra:~case • dispose of property/evidence according to law and existing ~'~licy • other duties as assigned ~ :. ~ ~' ~_ ~-, ~~ ~, ORG-01.11 6. TRAINING /ACCREDITATION OFFICER The Training/Accreditation Officer is a sergeant who is directly responsible to the Commander of Administrative Services. Some of the duties of the Training/Accreditation Sergeant are: • identification of training needs • development of squad meeting training • keeping of training records • development of training courses • posting of training opportunities • implementation of required training • maintenance of accreditation standards • Citizen's Police Academy liaison • other duties as assigned 7. COMPUTER SYSTEM ANALYST The Computer System Analyst (non-sworn) the Commander of Administrative Services. Computer System Analyst are: • maintenance of departmental computers • development of departmental software • other duties as assigned is directly responsible to Some of the duties of the Samue Hargadine, of 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. ~, ~.~_ C ~~ r-a . _ ,".., C. - _ " ~_"" fem.) _~ .- " f'~J --~ - --7 4 , J . __. -'- __ ~ ,... ,,f 7 r~ H w N w A 1 J O a F U O 0 0 N ~1.+ /~ W O .~ O ~~ .~ V O d C ~ U ~~ O = a w LLi o W ~ U ''~^ V/ Q H W U ~ w .._. W ~~ Q Z Q N ~ ~ Q O ~ a ~ '~ (~ o Z O (n O U Z C O ~ W ~a ~o U ~ ~w ~~ ~"~-+ CO Z Q ~"' a Q U N ~ Y C U ~ L ~~ ~ Y O L N ~c~~ ~ ~ ~ ~ Q T~" ~ ~ [0 ~Y~~~H Q ~ O f6 C ~ ~ ~ ~ ~ ~ = N ~ W U_ Y Y U N Q' ~ ` _ J ~ >• ~ ~~ 0 ~ Q~ Q V a ~ N m m a Z > ~ N LL ~~ U U a~ ~ ~ O W v ~ ~ 0 ~~0 ~,~~-;~00 ~ ° LL 0 D O p p 0 O a> 'o m (6 O C7 M ""-' N ~ o cn -- 0 v> c ~ f6 Z ~ Q ~ F- N °~ Z a~i O (n N9 ~ =-_~ o ~ -- o ~ n ~ o ~ J C O O L O O m ~ ~ ~ Y o ~ -- 0 M C N ~ C 7 N J W U c~a ~ _ a O ~ fJ O O J N ~ Q O c -- ~~ F ~ ~ a J N .fl n E U o m -- o ~ ~ ~ o ~ 7 N J -~. E ~ m O ¢~ ~ o O ~ ~ ~ ~[ _ Y c ~ ~ LL. ~ •> c a~ O ,o ~c w ~ H ~ U Q A N N c6 O Q ~~ m 0 O ~ Y -f~ a~i U ~ ~ U U ~ C ~ ` O ~ ~ ~ na z~~ N ~ c - c ~:, c~ j i >, a ~ rn ~ ~ m ~ > ~ ~ .: -- - . Z a ~ p ~ ~ O CO Cn n,.~ -,. -~ ~ ~ ~ _ _ . ~ ~ ~ O m v ~ ~ O ° _. ,. OO O -, `. 3 T C U O ~ ~ ~ A N ~ N N Y C m L >' N p) O ' ~' Y o C t ` v N °~ ~~~ ~ Y - O w ~ tt5 >~ a > L ~ _ Y N •"") ~ U Q ~ ~ fn C C ~ CO ~ ~ C C L '~ O~ O `~ N 3 C~ ~O ~ C N> >, • Y c Z Q ~F~- N~= ~Q ~ m o m o m v f° v v ~ ` ~ ~ Y o i a m ° i c (n ~ p ~O ~000 ~ ~000 ° ° Q W U ~ LL LL O o -o i~ i m~ o~ ~ o J ~ • W Y otf ~ O tq O Y O U O t6 L d 0 f6 U ~ Z~~ ~ U n_ > U Q C L v m J mm O T O •~ T C U~~ ~~ c m J m ~ (n a~ o -o m E ~ ro~ m a~ ~ °~ S O Y ~~ c°i~~~0~.~ ~ ~' ~ ~0~ ~o°o°pO o00 0 ~ ~ ° .4 O C tlJ C N N N O iq f6 N~ O~ Q~ f-~6 J 2 ~ ~ 3 C9 ~ 3 .~ n ca ~ ~ z Y ~ > Olin ~__ ~-~ ~~~N L ~ C Y Y ~ Y ~ ~ ~ ~ O ~ O ~ ~ tL .a ~ U E Y LLI m~ V ~ ~ ~ O L N.- a> ~ a~~ ~. (n N ~. `' N m ~ V N O O ~ ~ U U N U F ~ ~ O U ~ ~ O ~ ° ° O O ~ ° ° ° ~ O ° O w U w O w U_ w Z U 7 (p m~ o a m Q. >. Q J O O 0 0 F- U ~ Z J Z Z Q Q _ Q O c ~ N Y Z c- O ~ r N y _ U = o o Q ~ o N0o° ~ U ~ ~ o ° ~ O a~ F- ~ :~ Z in W j ~ W U ~ Q U `Ir 0 ^ _ V 3 d C ~~ w~ ~ U V/ ~- ~ ~a W ~ ~ ~ Q~ U = Q W ~ c cn •' (7 ~, W ~ (~ o ~ ~-sZ~j ~~ N° F- J ~ cn ~ U 'n Z al u W U_ W W ~~ o ,~^ N ~ ? U ~ Q LZ I~ a Q U L N Z '~ O m F- a 0.. in OD E Q °o Q oif o0 W c ~ °o a^ ~ U o o JQ 0 ~ ~ ~ Z y a L W ~"' cQ G ~ U ~ ~ a~ Q W o N m W o ~ ~ 'c otS o oC9°n Z° c m Z rn Z (n J a Z O- Q N O U W U LL O •~ E ~ L _ ~ c6 (A ~ r U z Q U_ Z U w H 0 Y c ~ W ~ ~ ° ~ W m~ Y ' m s s o U W `° N = c ~ ° m Q ~ ~° F- ~ O c J v d J -a~ F- r Z ' ~ u o U cn .Y ~` U ~ ~ ~ m U ~ J ~ .~ ~o ~ o ~ J m ~'~ a O ~ a> > Z O ,, i- ~ Z ° m W ° T W ~ N p O a~ W ° v _G O U a ~~ ~ ~ ~ ~ z Q N ~ W ~ ~' ~ ~ RS T F .. (n ~ v ~ ~ m ~ °' ~ a°i m ~ N t ~ li H ~ U I- Q Q a _ _~~ C.;~ 1..~ U r" -- _. a .c f°J F- f'~J r--~ ;~ f, .......-q . +t s 0 0 N O N O OPS-19.1 JUVENILE PROCEDURES Date of Issue General Order Number NOVEMBER 20, 2001 01-06 Effective Date Section Code Jul 17, 2010 OPS-19 Reevaluation Date Amends /Cancels ~_ JANUARY 2011 ~,-~ `=' ,.,., ,.-~ -: ~, ---- C. A. L. E. A. Reference ,:- ~ -- 1.2.5, Cha ter 44, 82.1.2 ~ ' ,~, -... r INDEX AS: ~= Arrest ~ ~_ _ Investigation Procedures Searches ~~° r .~~c, . .~~ ._,_.,, ~~ a e _~~p I. PURPOSE The purpose of this policy is to provide guidelines for members of the Iowa City Police Department when dealing with juveniles in enforcement, custody, and child welfare situations. II. POLICY The Iowa City Police Department is committed to the reduction of juvenile delinquency and committed to the development and continuation of programs designed to prevent and control juvenile delinquency. The Departments juvenile function is the equal responsibility of all members, units and functions within the department. It is the responsibility of all members of the Iowa City Police Department to familiarize themselves with juvenile problems and established procedures for handling both criminal and non-criminal juvenile incidents as defined in this policy. Officers should bear in mind that only a small percentage of juveniles commit the majority of juvenile crimes. While this small percentage may require secure custody, the vast majority of juvenile offenders are likely candidates for non-secure custody and positive diversion and intervention strategies. With this in mind, officers should, when reasonable and justified under this policy, take those measures necessary to effect positive changes in juvenile offenders that are consistent with state law and the safety and security interests of the community. OPS-19.2 III. DEFINITIONS Status Offender: A juvenile who is charged with an offense that would not be a crime if committed by an adult. Responsible Adult: In the absence of a juvenile's parents or legal guardian, a responsible adult is one who is responsible for the physical custody of a juvenile or who is another adult acquaintance of the juvenile's parents or legal guardian who agrees and reasonably demonstrates the ability to provide supervision for the juvenile until parents, guardians or next of kin can assume responsibility. Non-Secure Custody: A condition under which a juvenile's freedom of movement is controlled by members of this agency and, during such time, the juvenile 1. is held in an unlocked, multi-purpose area that is in no way designed for residential use, such as a report writing room or an office or; 2. is at no time handcuffed to any stationary object or; 3. is held only long enough to complete identification, investigation and processing and then released to a parent, guardian or responsible adult or transferred to a juvenile facility or court; or 4. is under continuous visual supervision until released. Secure Custody: A condition in which a juvenile is physically detained or confined in a locked room, set of rooms or a cell that is designated, set aside or used for the specific purpose of securely detaining persons who are in law enforcement custody or when the juvenile is physically secured to a stationary object. IV. PROCEDURES A. Enforcement Alternatives Officers dealing with juveniles in enforcement capacities may exercise reasonable discretion as outlined in this policy in deciding on appropriate actions. Alternatives that may be considered include, but are not limited to; 1. release without further action; 2. informal counseling to inform the youth of the consequences of his actions; 3. informal referrals to community services; - ~~ 4. referral to parents or responsible adult; - _..w ~~ ` " _.j 5. informal counseling of parents or responsible adult; ` ~~~~ `~_ r=°•°-~ ~=, ~, a 6. limited non-secure custody and warning at the PD; ~ ~,.,:~F. __,` . ~ f . 7. issuance of summons or complaint; - ~ `..>..j 1 _ ~ 0 8. arrest under non-secure custody; and ~:-.,~ -~ ~~"_"~; 9. arrest under secure custody. ~ . Upon deciding on an appropriate course of action, officers should abide by any notification requirements, consistent with state law and other departmental directives. OPS-19.3 B. Enforcement Criteria The following general guidelines may be used in determining appropriate enforcement and related actions that may be taken when dealing with juvenile incidents: I. Release without further action following informal counseling may be appropriate in certain minor incidents. II. When in the officers opinion, more than informal counseling needs to occur, the officer may elect to do one or more of the following: Make contact with the juvenile's parent(s), guardian or other responsible adult; make a delinquency referral to an appropriate community service agency with or without follow-up; detain the juvenile at the PD until he/she can be released to a parent or guardian. These actions may be appropriate when: A. the incident is of a more serious nature; or 6. the attitude conveyed by the juvenile demonstrates a lack of realizing the seriousness of the incident; or C. the juvenile has received prior warning, referrals, or has engaged in previous delinquent acts; or D. the juvenile's parent, guardian or responsible adult fails to provide appropriate control or supervision III. Officers may make a delinquency referral when the circumstances surrounding the incident meet or exceed the seriousness mentioned above. Officers shouldmake a criminal referral against juveniles when they commit: - ~_:~ A. Acts that if committed by an adult would be serious misdemeanor ~r higher level charge. ° ~°-. `_; B. acts involving weapons; :~ ~ ~~ ~~ _ C. gang related offenses; :~~'~-- ~ ~ j D. acts which are assaultive in nature; :_:~ y-_ ""? E. acts committed while on probation or when they have cfia~rges pending against them; F. acts as repeat offenders or when they have refused to participate in diversion or intervention programs; or G. When it has been determined that parental or other adult supervision is ineffective. When a juvenile is taken into custody and when circumstances warrant, he/she should be transported to the police department or the detention facility as soon as reasonably practical, after being taken in to custody. IV. An officer may also take a juvenile into custody if the juvenile is in imminent danger to life or health, seriously endangered or is a runaway, or in violation of an order of disposition. In all such cases these juveniles shall be held in non-secure custody and officers should contact the juvenile's parent(s) or guardian as soon as reasonably possible. When the parent(s) or guardian cannot be contacted or refuse to accept custody, the officer should contact the Youth Shelter for placement. OPS-19.4 V. In cases of alleged child abuse or endangerment, first insure the safety of the child(ren) /juvenile involved. The watch supervisor should be contacted and a determination made as to if an investigator should be called or whether the responding officer should make telephonic contact with the Department of Human Services and finish the initial report and forward the report before the end of his/her watch to the investigations section. Copies of all reports shall also be forwarded to the Department of Human Services. Where probable cause exists to support a criminal charge of child abuse, an arrest is justified and the suspect should be taken into custody. If there is insufficient information available at the time to make a determination as to the existence of child abuse, the officer shall, in consultation with the Department of Human Services, take steps to ensure the safety of the child(ren)/juvenile. C. Status Offenses I. Based on the seriousness of and circumstances surrounding the offense, the background and demeanor of the juvenile and other relevant factors, an officer may release a juvenile to his parents, guardian or other responsible adult. Prior to releasing a juvenile to someone other than the parent, the officer shall make reasonable steps to contact the parents for approval of the release. When the juvenile is released to someone other than a parent, the officer shall identify and document the person taking custody prior to the release of the juvenile. II. Juveniles taken into custody for status offenses may be frisked for weapons prior to being transported. III. Handcuffs or other restraints will only be used when: the juvenile being taken into custody physically resists; threatens physical violence when being taken into custody; is being taken into custody for an alleged delinquent act of violence against a pe,~son; or when in the judgment of the officer, the juvenile presents a risk of injury,to thselves or others. ~~ r_:: 8 ~, IV. Officers shall pay particular attention to juveniles under the influence of at~oholw, oF~ drugs to determine whether emergency medical services are warranted. j ~ ,~., ,f r V. Juveniles taken into custody for status offenses shall be held in non-secure .custody;' for the purposes of identification, investigation, and related processing requirements to facilitate their release to a parent or responsible adult or transport to a juvenile shelter facility. VI. Transportation of a juvenile in a "caged" vehicle is not considered secure custody. VII. Status offenders and other juveniles taken into custody should not be placed in an area with adult suspects and shall also be: 1. under constant observation; 2. afforded reasonable access to toilets and washing facilities; 3. provided with access to water or other nourishment as needed; 4. allowed reasonable access to a telephone. OPS-19.5 D. Criminal Offenses I. Juveniles taken into custody for criminal type offenses may be placed in restraints if the juvenile physically resists; threatens physical violence when being taken into custody; is being taken into custody for an alleged delinquent act of violence against a person; or when, in the reasonable judgment of the officer, the juvenile presents a risk of injury to themselves or others. The parent, guardian, or custodian shall be notified as soon as reasonably possible once a juvenile is taken into custody. II. Unless the juvenile is placed in shelter care or detention, the juvenile shall be released to their parent, guardian, custodian, responsible adult relative, or other adult approved by the court. III. Fingerprints and photographs of juveniles shall be taken and used in conformance with the Code of Iowa chapter 232.148. IV. Juveniles in custody should be questioned in conformance with the Departmental Juvenile Waiver form. When practical, juveniles should be allowed to consult with their parent(s). To the extent practical, parents should be allowed to be present during the interrogation of juveniles. Questioning of juveniles should be limited in duration, preferably one hour or less, and questioning limited to two officers. V. Prior to terminating an interrogation, the questioning officer shall advise the juvenile and/or his/her legal guardian or responsible adult of the procedures to be used in making contact with the juvenile court office, in addition to information relating to applicable court appearances or other means of dealing with criminal charges. VI. Prior to requesting consent to search from a juvenile, officers should attempt to contact the person in actual control of the property to be searched. When requesting consent to search from a juvenile, officers shall consider the age of the juvenile. Officers should not request consent to search from juveniles appearing to be under the age of fourteen. When requesting consent to search from a juvenile, the requesting officer shall clearly explain the voluntary nature of the request and the right of the juvenile to refuse the request. A. When officers are unable to contact the person in actual control of the property to be searched, and the search is based on the consent of a juvenile fourteen years of age or older, the officer shall request a supervisor respond to the scene to determine how to proceed. ~~~ ~~ _ z T.. r»- This section does not apply when the property to be searched is a mptor `vehicle a_nd° under the control of a juvenile. ~° ``' ~~ '' . :~_._. z. _. E. Direct Filing To Adult Court -_- _^~° ~` Chapter 232.8(1)(c) of the Iowa Code allows for the Direct Filing of juveniles'to Adult Court under the following situations: A. Violation of 124.401 Possession of controlled substance with the Intent to Manufacture or Deliver and has a gun or offensive weapon. OPS-19.6 B. Violation of 723A.2 Criminal Gang Participation and a weapons violation under Chapter 724. C. Felony violations of Chapter 724 Weapons. D. Some Forcible Felonies. E. Other offenses as identified by law. Prior to filing directly to Adult Court the investigating officer should consult with the on- call County Attorney. F. Reporting I. Officers shall document contacts with juveniles on the Departmental Juvenile Complaint form. The form shall be filled out as completely as possible. Juvenile contacts include but are not limited to: A. When a charge is filed or contemplated, other than the exceptions contained in chapter 232.8 of the Code of Iowa. (cite and release exceptions) B. transport of juveniles; C. Field Interview (FI) contacts with juveniles (for juveniles this will be used in lieu of FI cards), in these type situations officers should note on the ~mplaint that it was a FI contact. ~; ~. ~-.- ~... ~ c D. juveniles in the company of others at the proximate time afi~ ~offer~se was. ~::. •_ ~ ; committed; ~ ~. u ~. E. Other circumstances as determined by watch supervisors or ~ ahe~Report~ Review Officer. v~ II. Officers shall fill out the Incident Report form consistent with those categories in which one is required for adult suspects. III. On an annual basis the Sergeant of Planning and Research shall analyze, evaluate and report on the enforcement and prevention actions taken by the department. The report shall include both a quantitative and qualitative component. The report should contain recommendations for the continuance and/or modification of current departmental efforts and or directives. .~w-~~ Samuel Harga e, 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. August 10, 2010 Mtg Packet PCRB COMPLAINT DEADLINES 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 & Assign) 07/21/10 PCRB Mtg #2 (Review) 08/10/10 PCRB Report due (45days): 08/27/10 PCRB Complaint #10-04 Filed: 07/30/10 Chief's Report due (90days): 10/28/10 Chief's Report filed: ??/??/?? PCRB Mtg #1 (Review & Assign) ??/??/?? PCRB Mtg #2 (Review) ??/??/?? ------------------------------------------------------------------------------------ PCRB Report due (45days): ??/??/?? PCRB MEETING SCHEDULE September 14, 2010 October 12, 2010 November 9, 2010 December 14, 2010 POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS July 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 ~, ~~ August 10, 2010 c,a ~' ,. ~.~. To: City Council ~ .~ _•- Complainant~~j--: c.~ Dale Helling, Interim City Manager ° "; _.: :.~ Sam Hargadine, Chief of Police ~- ~' ~_ ._: , Officer(s) involved in complaint ~u~ From: Police Citizen's Review Board Re: Investigation of PCRB Complaint #10-03 This is the Report of the Police Citizens Review Board's (the "Board") review of the investigation of Complaint PCRB#10-03(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 PCRB on April 15, 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 Chief s Report was filed with the City Clerk on July 13, 2010. The Board met to consider the Chiefs Report on July 21 and August 10, 2010. At the July 21 meeting the Board voted to review the Chiefs Report in accordance with Section 8-8-7 (B) (1) (a), "On the record without further investigation." Page 1 FINDINGS OF FACT: On January 28, 2010 Officer A began a motor vehicle accident investigation surrounding an incident that occurred on January 26, 2010 on South Gilbert Street. During the investigation Officer A had phone and in person contact with Subject 1, one of the drivers and vehicle owner, and Subject 2, Subject 1's girlfriend. On February 3, 2010, Subject 1's vehicle was towed from Pheasant Ridge Apartment complex and held by Officer A until investigation information could be ascertained from Subject 1. On February 5, 2010 Officer A obtained arrest warrants for Subject 1 for Leaving the Scene of a Property Damage Collision and Failure to Provide Proof of Insurance. On February 28, 2010 Subject 1 was arrested on the warrants by another officer. The vehicle was released to Subject 2 after she showed registration and insurance in her name. ALLEGATION 1. Officer A accused Subject 2 of lyin~ and was "very nasty" during an in person conversation at her apartment. Officer A stated that he never raised his voice during the interaction, nor did he speak any harsh words. To him it was just an information gathering exchange. Officer A said that he dicl~r~ot accuse Subject 2 of lying during the conversation. `~=' ~~ ~.: ~~ Subject 2 did not show up for her scheduled interview and did not contact~.~the de~artment~fo reschedule the interview. Any additional input, explanation or insight she may i~a~.e had'in re~,ards to this allegation is unknown. ~ ~ ° ' ~ ' ~~ -~--, Officer A also failed to document the interaction with his car video/audio, so no object~v~ evidence is available for review. ALLEGATION IS NOT SUSTAINED. ~-~' ALLEGATION 2. Officer A og t "Verbrude " during a subsequent phone call with Subject 1. Officer A described his demeanor during the phone call as, "stern and authoritative." Officer A said they responded by calling him a derogatory name and threatened to sue him. He said he did not respond in kind. Officer A did not use derogatory language, nor curse at them and was not rude. Officer A said that Subject 1 was "non-cooperative" not wanting to provide any information, saying that he had already had a deal with Subject 3. Officer A said that Subject 1 became more "loud" and "defiant, "with anger in his voice. Officer A said he did raise his voice in an authoritative tone. Subject 2 then took the phone, swore at Officer A, called the whole thing a derogatory term and hung up. Subject 1 and 2 did not show up for their scheduled interview and did not contact the department to reschedule the interview. Any additional input, explanation, or insight they may have had in regards to this allegation is unknown. ALLEGATION IS NOT SUSTAINED. ALLEGATION 3' Officer A went "too far" by making them "tip toe" around an_officer who is supposed to protect and serve. Officer A initiated two interactions with Subject 2 in a two day period. He had one additional contact with the Pheasant Ridge Apartment manager a few days later. Page 2 On January 29, 2010 Officer A had reason to contact Subject 2 as her address was on the vehicle registration, the vehicle was at the apartment and Subject 2 was closely related to Subject 1. On January 30, 2010, Officer A again had reason to contact Subject 2, as the vehicle was again located in the apartment complex in a different location. Officer A believed that Subject 1 may be in the area and might be at the apartment of Subject 2. On February 3, 2010, Officer A went to Pheasant Ridge Apartment office on an unrelated matter. During the course of the visit, Officer A spoke with the manager about his need to locate Subject 1. This lead to the towing of Subject 1's vehicle at the request of the property manager since he was banned from the apartment complex. Given the irresponsible and/or deceptive manner in which Subject 1 had handled his situation with Subject 3, Officer A was expected to diligently work to locate Subject 1, collect his information and investigate the circumstances surrounding the collision. These two stops and the conversation with the apartment manager is not unreasonable. Any irritation or frustration this may have caused Subject 2 is unfortunate, but is completely.Subject 1's responsibility. Subject 1 and 2 did not show up for their scheduled interview and did not contact the department to reschedule the interview. Any additional input, explanation, or insight they may have had in regards to this allegation is unknown. ALLEGATION IS NOT SUSTAINED. ALLEGATION 4. Officer A's actions may be motivated by Subject 1 and 2's race. There is no evidence to support this allegation. During Subject 3's interview he was asked about race related issues surrounding his contact with Officer A and had no reason to believe race was a factor in Officer A's handling of the investigation. Officer A also denied that race was a factor in his decision-making during the investigation. Additionally, there is no known complaint against Officer A where race was a related component. Subject 1 and 2 did not show up for their scheduled interview and did not contact the department to reschedule the interview. Any additional input, explanation, or insight they may have had in regards to this allegation is unknown. ALLEGATION IS NOT SUSTAINED. ALLEGATION 5 • The manner that Officer A handled the investigation may be influenced by him bein¢ related to the driver of the other vehicle. n~ -~, There is no evidence to support this allegation. Both Officer A and Subject 3 dew bein~~elated in any fashion. They also state that this is the first time they have ever met. ~;.; , r , Subject 1 and 2 did not show up for their scheduled interview and did not contac~-the` departmenfto reschedule the interview. Any additional input, explanation, or insight theyr may have halo in regards to this allegation is unknown. ALLEGATION IS NOT SUSTAINED. m,>,= ^T ` ALLEGATION 6• Subject 1 was Qven a ticket "For no reason" and it "is really~unfair" All information obtained in this investigation shows this allegation to be unfounded. Additionally, Page 3 the investigation found the charges to be applicable and appropriate for the circumstances encountered by Officer A. Subject 1 was charged with two traffic violations: 1)Leaving the Scene of a Property Damage accident without providing information (321.262, 321.263) and 2) Failure to Provide Proof of Security Against Liability -Driving Without Liability Coverage (321.20B). Subject 1 provided Subject 3 with his name and phone. Subject 3 made multiple attempts to call Subject 1, even trying different combinations of the number given. Subject 3 was unsuccessful and called the ICPD for further assistance. Officer A continued to have difficulty locating Subject 1 who then refused to provide his driver's license information. Subject 1 was driving a motor vehicle in the Biotest parking lot, which is available to customers without charge, when the collision occurred. According to the Iowa Code Section 321.20B; he is required to have financial liability coverage in effect, regardless of whether he is at fault in the accident. No such proof was given to Subject 3 of Officer A. Subject 1 and 2 did not show up for their scheduled interview and did not contact the department to reschedule the interview. Any additional input, explanation, or insight they may have had in regards to this allegation is unknown. ALLEGATION IS NOT SUSTAINED. On March 25, 2010 Subject 1 was found guilty of these violations in Johnson County magistrate Court (Iowa Courts Online). ALLEGATION 7' Officer A failed to record his interactions with Subject 1, 2, and 3 in violation of d~artment policy. This allegation was initiated by the ICPD investigator for departmental policy violation. ICPD General Order Number 99-08; In Car Recording Devices, reads in part: "In addition to traffic stops, officers shall manually activate the recording equipment on calls for service and on self initiated field activity. This maybe done from the car or via the remote voice link. The remote voice link device shall be carried by officers and utilized to record audio information outside range of the vehicle microphones." A search for the in car video/audio of Officer A's in person interaction with Subject 3 and two in person interactions with Subject 2 produced negative results. When asked about the lack of video/audio of the interactions, Officer A did not indicate that there was ever avideo/audio system failure. He believed that the policy made it an option to record such interactions instead of a requirement. Training on the Policy has been conducted with Officer A. ALLEGATION SUSTAINED. DRAFT #2 POLICE CITIZENS REVIEW BOARD GENERAL RESPONSIBILITIES Established in 1997, by ordinance #97-3792, the Iowa City Police Citizens Review Board (PCRB) consists of five members appointed by the City Council. The PCRB has its own legal counsel. The Board was established to review investigations into claims of police misconduct, and to assist the Police Chief, the City Manager, and the City Council in evaluating the overall performance of the Police Department by reviewing the Police Department's investigations into complaints. The Board is also required to maintain a central registry of complaints and to provide an annual report setting forth the numbers, types, and disposition of complaints of police misconduct. The Board shall hold at least one community forum each year for the purpose of hearing citizens' views on the policies, practices and procedures of the Iowa City Police Department. To achieve these purposes, the Board complies with Chapter 8 of the Iowa City Code and the Board's By-Laws and Standard Operating Procedures and Guidelines. ACTIVITIES AND ACCOMPLISHMENTS FOR FISCAL YEAR 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. The PCRB Chair, Donald King, gave a presentation on the complaint process and the Police Chief, Sam Hargadine, gave a presentation on the Use of Force policy. There were six members of the public that spoke at the forum. Topics of discussion included the following: Location and Format of Community Forum, Use of Force, Counseling Following Use of Force, ICPD Priorities, Ammunition Restrictions, and PCRB Past Performance. 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). PCRB Annual Report FY 2010 - (Final/Approved ?/?/??) - 1 DRAFT #2 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. 3. No medical assistance or treatment was offered prior to Citizen A being placed in jail. 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 4. No continued medical assessment was conducted after Citizen A fell asleep in his cell. This allegation involves Johnson County Sheriffs 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 Sheriffs 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 Sheriffs 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 Sheriffs 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 PCRB Annual Report FY 2010 - (Final/Approved ?/?/??) - 2 DRAFT #2 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 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 then were too tight. (Violation of Iowa City Police Rules /Regulations, Section 345.8 -Arrests, and Section 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. PCRB Annual Report FY 2010 - (Final/Approved ?/?/??) - 3 DRAFT #2 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. 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 involved. 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 Ape: National Origin: Color: Under 21 0 US 0 White 0 Over 21 2 Unknown 3 Black 2 Unknown 1 Unknown 1 PCRB Annual Report FY 2010 - (Final/Approved ?/?/??) - 4 DRAFT #2 Sexual Orientation: Heterosexual 2 Unknown 1 Gender Identity: Female 0 Male 2 Unknown 1 Sex: Female Male Unknown 0 2 1 Marital Status: Single 2 Married 0 Unknown 1 Physical Disability: Unknown 3 BOARD MEMBERS Donald King, Chair Janie Braverman Michael Larson /Joseph Treloar Greg Roth / Vershawn Young Abbie Yoder / Royceann Porter Religion: Mental Disability: Unknown 3 No 0 Yes 0 Unknown 3 PCRB Annual Report FY 2010 - (Final/Approved ?/?/??) - 5 ,~c~t qtr-~~~ o c .c.,-~ ~ ~~/O DRAFT FOR STAFF USE: Complaint No. Received by CQNFIDENTIAL POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City of Iowa City 410 E. Washington Street Iowa City, IA 52240-1826 (319) 356-5041 Name Address/other contact information Telephone Date of Birth Race Gender Date the incident took place (All complaints to the Board must be filed with the City Clerk within ninety (90) days of the alleged misconduct.) Any person with personal knowledge of the alleged police misconduct may file a PCRB complaint with the board In order to have "personal knowledge" the complainant must have been directly involved in the incident or witnessed the incident. If the person with personal knowledge is underage or otherwise unable to complete a PCRB complaint form, the PCRB complaint maybe filed by such person's designated representative. Describe the incident you are complaining about. Give as many details as possible. For example: Where did it happen? Who else was there? CONFIDENTIAL Describe the specific police actions you are complaining about. Give officers' names, badge numbers, descriptions. Section 718.6 State Code of Iowa A person who reports or causes to be reported false information to a fire department or a law enforcement authority, knowing that the information is false, or who reports the alleged occurrence of a criminal act knowing the same did not occur, commits a simple misdemeanor, unless the alleged criminal act reported is a serious or aggravated misdemeanor or felony, in which case the person commits a serious misdemeanor. Please ensure that the complaint you are filing with the Iowa City Police Citizens Review Board is truthful. In its review of this complaint, the Iowa City Police Citizen's Review Board will forward the information contained in this complaint to representatives of the Iowa City Police Department. Therefore, the above captioned State Code of Iowa applies to a complaint filed with the Iowa City Police Citizens Review Board. I hereby certify to the best of my knowledge, the statements I have made on this form are true. Signature pcrb\complain.clk Date 8/10 ~~2 r~c'z ~C'~ ~ C t ~ ~ `g~(~ Yl . . ~ ~ ~ o ~ ° ~ c' ~ ~ ~ .- • ~ o ~ ~ ¢- n ~ C7 ~ ~ ~ C ~ A~ ~. ~ ~ ~ ~ ~, ~ ~ z ~ ~ `~ ~ ~~ r ~ ~ ~ ~ ~ ~ • ~ ~ O ~ O x ~ ~ ~ ~-. ~-. N ~ N~ ~ ~ O ~' • ~ ~ ~ ~ ~ ~ ~ W o ~~ ~-~ o ~ ~ o~ ~~ ~ ,~ o ~m ~ ~ ~ .r ~ ~ '~ ~ ~ ~ o y ~ ~ ~ ~. ~ '~ ~ r C• O ~D ~ ~ ~ N ~ "~ ~ p b9 ~r o ~. A ~~ ~~ C ~ 0 0 ~ ~ C , r A~ ~ ~ !* n ~ ''0 O r,' O ^N ` J r0 T 0 00 O ~. ~ ~ • ~ 'o 0 o ~ a.~ ~. ' ~ ~ ~ ~ ~ ~ ~ ~ ~ ' ~ ~ ? d ~ ~ ~• ~ ~. ~ ~ ~ o ~ ~ (1Q i~- ~ ~ ~• o ~ ~. ° ° ~~ r. ~ . o ~.~ ~~~ ~ CD ~ ~ ~ ~ ~ ~ C7 . O " CD ~ rte- CD ~ ( ) d~ ~ ~ ~ C. ~ ¢- ~ o ~ ~ ~ o ~ o ~ o o '-'~ a '~ •~ ~. ~• ~• ~ O ~ ~ ~ o ~' o ~ ~ o ~ ~ _ fD I~• ~ ~~ ~ n O ~ ¢;~~ v' ~ ~ A~ ~ ~~~ O ~ ~ (D ' C N y A . ~ ~+, ~ ~ CD td o+ N ,~ ~ o o ~ ° g a' o o ~ ,~ ~ w co ~, ~ ~ ~ ~ O ~ ~ ~ ~ ~ ~ ~ ~,•-•o cu ~ o no ~ m r' ~ o ~ ~ ~'•~ N ~ r- '-+ '~•~ ~ ~ ~ ~ ~ ~" ~~~r~j _ ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~ ~ ~ ~ ~ ~ ~ cn ~ ... ~ ~ `~ ~ voa ¢. • ~ ~ ~ ~. Q ~ ~ ~ " ~ •~ ~ n ~• ~ ~ pJ ?~ ~ p A~ O ~ ~ ~ ~' ~ O O ~ n ~ O ~ ~ '-h r-i N .. ~ ~ ' C n ~ ~ n Q ; ~ O N ~ N "t ~ O `" O ~ ~ ~ ~ n ~ ~ ~• O R c~ N ¢. ~ vii ¢, CJG A~ .., . ~ . ~ ~ ~ ~ ~ ~' ~ ~ • •~ o ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~ ~ ~ ~ O O n O ~ ~„ ~ pj ~• ~ A~ O ~ ~ ~ O ~ ~ (aD ~ ~ n O_ `C ~ O A~ n ~ ~ ~ ¢' O ~ ~'h d ~ ~ ~ ~ .'3 ~ ~ ~ ~ ~ ~a 9 ~ ~ ,~ ,~ .~ ~ o ~ ~ ~_• a ~ o ~ ~ N ,~ ~ ~, c~ b 7 ~~ ~ ~' ~ ~ O ~ ~ O ~ cn ~ ~ N ~ ¢. ~ ~ ~ ~ (~ ~ ~ ~ n ~ A r-r ~ ~ O C D ~ O ~' ~ C ~ ~ p CD r-• CD C ~ . rr• ~ A~ ~ r+ ~ ''~' ~ ° .. CD C /~ b 7 W O ~ O n ~ (~ O C ~, (D CD r-r C ~, e~-r C~/~ ""T• "~ ~ ~ ~ .~-.. ~ ~~ C~C~J ~ ~ ~• ~ ~ N b ~ n ~ ~ N. n ~ a. ~ ~ ~ C. ~' N ~„ o <o c0 ~ ~ ~ o o Q- ~ ~ ~ ~ `< ¢, o" ~0 ~ () ~ UQ CD O ~ N ~• ~ ~ ~ ~ n :•r ~ e--r ~ ~ ~ ~ ~d ~ ; o < o ~ ~. ~ ~. c~ ~ • D ~ ~ ~. ? ~ o ~• ~ ~ 0 0 ~ ~ o ~ ~ ~ ~ ~ ~ ~. ~ ~ ~ ~ O ~ O O ~C ~ ~ ~ ~ ~ ~ ~ N P~ ~ O ~ ~` ~ ~! M UQ <,..~ Q.. ` O ~ Q- ~' ~ fQ CD ~ ~ • ,,~. pj vii ~ ~ UQ O O ~ • ~ ~ ~ ~ . ~ ~ UG ~ ''v ~ ~ ~ C ~ ~ ~ ~ O ~ ~ ~ ~• C7 ~ ~ ~ ,(ps ~ "' ~ N .~-r ~' r''~-r `C ~ ~ CAD '~' ~ Q„ CD ~ ~ CD Q" p O ~ O ~ ~ ~ Q.. n ~ A~ ~ Q. ~' O ''*j CD (p ~ ~ ~ O A~ ~ ~ n O p C1 ~ ~ A ~ ~°, n ~ ~ ~ ~ O O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ n ~ A~ ~• ~ ~ ~, ~ ~ •-~ ~ ~ ~ ~ ~ O A ^~_ `J ~0 0 b ... ~• b O A