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HomeMy WebLinkAbout04-30-2012 Police Citizens Review BoardAGENDA POLICE CITIZENS REVIEW BOARD April 30, 2012 — 6:30 P.M. HELLING 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 03/21/12 • ICPD General Order 00.03 (Less Lethal Impact Munitions) • ICPD General Order 00.08 (Weapons) • ICPD General Order 08 -01 (Conducted Energy Devices) ITEM NO. 3 OLD BUSINESS • Community Forum CONSIDER A MOTION TO ACCEPT CORRESPONDENCE IN REGARDS TO THE PUBLIC FORUM FROM THE FOLLOWING — Julie Jones, The Coalition for Racial Justice, Lindsay Jarratt, Patricia Donalds, Charles Easlham ITEM NO.4 NEW BUSINESS ITEM NO.6 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 TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS • May 9, 2012, 7:00 PM, Iowa City Public Library — Community Forum • June 12, 2012, 6:30 PM, Helling Conference Rm • July 10, 2012 6:30 PM, Helling Conference Rm • August 14, 2012, 5:30 PM, Helling Conference Rm ITEM NO.10 ADJOURNMENT DRAFT POLICE CITIZENS REVIEW BOARD MINUTES — March 21, 2012 CALL TO ORDER: Chair Donald King called the meeting to order at 5:30 P.M. MEMBERS PRESENT: Melissa Jensen, Royceann Porter, Joseph Treloar MEMBERS ABSENT: None STAFF PRESENT: Staff Kelile Tuttle and Catherine Pugh STAFF ABSENT: None OTHERS PRESENT: Captain Jim Steffen of the ICPD. RECOMMENDATIONS TO COUNCIL Accept PCRB Report on Complaint #11 -03 CONSENT CALENDAR Motion by Treloar and seconded by Porter to adopt the consent calendar as presented or amended. • Minutes of the meeting on 02/22/12 Motion carried, 410. OLD BUSINESS Community Forum — The forum will be held Wednesday, May 9t', 7:00 PM at the Iowa City Library in Room A. Pugh said she would prepare an outline of her presentation for the next meeting and asked If there was anything the Board specifically wanted her to address. King suggested gearing the presentation more toward what the Board can and can't do to try and clarify some of the misconceptions the public may have. Suggestions were a basic overview of the process, Board limitations, subpoena power, and maybe an example of a situation and the process. Tuttle stated she had sent the notice to the Neighborhood Services Coordinator to have neighborhoods Include In their newsletter, and is checking with Transit to put notices on the City buses. She will also send the notices to the Broadway and Pheasant Ridge Neighborhood Centers and post in City buildings and the City website. Treloar suggested looking Into having something ran on City Channel 4 or 5. Tuttle said she would check Into it, King asked if the Board had commercial /advertisement similar to what Human Rights has and could it be placed on the agenda for discussion. Tuttle stated that they did not but she would put It on the agenda for discussion and check with the cable division. NEW BUSINESS None. PCRB March 21, 2012 Page 2 PUBLIC DISCUSSION Captain Steffen wanted to verify that the Board did not want any members of the police department at the forum. King stated that anyone is welcome to come but In the past there had been some concern from the Police Chief that questions would be directed to Police personnel and not the Board, then making it a Police forum and not a Board forum. BOARD INFORMATION King Informed the Board that Jochimsen had resigned and there Is a vacancy on the Board. Tuttle stated that the vacancy had been announced at the Council meeting on the 20s' and the deadline for applications was Wednesday, April 2e. STAFF INFORMATION Tuttle handed out an updated Board member contact sheet and asked that they review their Information and get back to her with any changes. Pugh stated that she had run Into Mayor Hayek that day and had a conversation regarding questions that are coming to the Council about the Board's powers, organization, the name, and other Issues that have been raised. The Mayor was looking for some guidance and thought the Council would appreciate a response from the Board regarding recommendations on what the Board sees as their role, how they would like their role to change or if they want it to change. The Board discussed addressing the ideas, Issues, comments and any recommendations in conjunction with the forum and the summary that Is prepared afterwards and sent to Council. EXECUTIVE SESSION Motion by Treloar and seconded by Jensen to adjourn Into Executive Session based on Section 21.6(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(6) police officer Investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of Its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 4/0. Open session adjourned at 6:56 P.M. REGULAR SESSION Returned to open session at 6:00 P.M. Motion by Treloar, seconded by Jensen to forward the Public Report as amended for PCRB Complaint #11 -03 to City Council. Motion carried, 4/0. PCRB March 21, 2012 Page 3 TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • April 10, 2012, 5:30 PM, Hailing Conference Room — (Moved to April 30) • April 30, 2012, 5:30 PM, Helling Conference Room • May 8, 2012, 5:30 PM, Helling Conference Rm — (CANCELLED) • May g, 2012, 7:00 PM, Iowa City Public Library — Community Forum • June 12, 2012, 5:30 PM, Helling Conference Room The Board agreed to move the April 10th meeting to April 301h in order to prepare and answer any questions as a Board that may be received before the forum and go over the outline prepared by Legal Counsel. The Board also agreed to cancel the May 8'h meeting. ADJOURNMENT Motion for adjournment by Treloar, seconded by Porter. Motion carried, 4/0. Meeting adjourned at 6:07 P.M. I & 122ox i..i, / ƒtt a q m � E ( � *q § \� k� § §§ § / x x x x x§ x x x x x§ i x x x x§ | I | I I � I � I i I I i � I I i I � E ( � *q § \� k� § §§ § POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240 -1826 (319) 356 -5041 From: Police Citizen's Review Board Re: Investigation of PCRB Complaint 011.03 This is the Report of the Police Citizens Review Board's (the "Board ") review of the Investigation of Complaint PCRB #11 -03 (the "Complaint "). BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, Section 8 -8 -76 (2), the Board's Job Is to review the Police Chief's Report ( "Report ") of his Investigation of a complaint. The City Code requires the Board to apply a "reasonable basis" standard of review to the Report and to "give deference" to the Report "because of the Police Chief's professional expertise ", Section 8 -8.7 B (2). While the City Code directs the Board to make "Findings of Fact ", it also requires that the Board recommend that the Police Chief reverse or modify his findings only If these findings are "unsupported by substantial evidence', are "unreasonable, arbitrary or capricious" or are "contrary to a Police Department policy or practice, or any Federal, State or local law ", Section 8 -8 -7 B (2) a, b, c. BOARD'S PROCEDURE The Complaint was initiated by the Complainant on November 4, 2011. 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 filed with the City Clerk on 1/27/2012. The Board met to consider the Chiefs Report on February 22, 2012 and March 21, 2012. At the February 22nd meeting the Board voted to review the Chief's Report in accordance with Section 8 -8 -7 (B) (1) (a), "on the record with no additional Investigation ". ti March 21, 2012 6 ro N To: City Council jC> ° <l L ; Complainant N City Manager Sam Hargadine, Chief of Police Officer(s) Involved In complaint From: Police Citizen's Review Board Re: Investigation of PCRB Complaint 011.03 This is the Report of the Police Citizens Review Board's (the "Board ") review of the Investigation of Complaint PCRB #11 -03 (the "Complaint "). BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, Section 8 -8 -76 (2), the Board's Job Is to review the Police Chief's Report ( "Report ") of his Investigation of a complaint. The City Code requires the Board to apply a "reasonable basis" standard of review to the Report and to "give deference" to the Report "because of the Police Chief's professional expertise ", Section 8 -8.7 B (2). While the City Code directs the Board to make "Findings of Fact ", it also requires that the Board recommend that the Police Chief reverse or modify his findings only If these findings are "unsupported by substantial evidence', are "unreasonable, arbitrary or capricious" or are "contrary to a Police Department policy or practice, or any Federal, State or local law ", Section 8 -8 -7 B (2) a, b, c. BOARD'S PROCEDURE The Complaint was initiated by the Complainant on November 4, 2011. 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 filed with the City Clerk on 1/27/2012. The Board met to consider the Chiefs Report on February 22, 2012 and March 21, 2012. At the February 22nd meeting the Board voted to review the Chief's Report in accordance with Section 8 -8 -7 (B) (1) (a), "on the record with no additional Investigation ". Flndines of Fact Complainant and associate were charged with an open container violation early in the morning of 11/3/2011. As the complainant was in the vicinity of his residence, he was allowed to proceed home. Police officers responded to a disturbance call followed shortly thereafter by a fire alarm sounding In the apartment complex to which the complainant lives. Upon dealing with the alarm, the complainant was observed screaming and yelling in the lobby area of apartment building. Officers resumed contact. Claimant failed to follow police directions to return to his apartment, and followed them out Into the street where officers were communicating with the fire personnel. Complainant was told repeatedly to return to the building or he would be arrested. The complainant continued to shout and yell. He also touched officers after being directed not to. The complainant was arrested and refused a breath test to determine his blood alcohol content (BAC). Allegations: The complainant alleges that Officer A followed him, harassed him, and looked for more reasons to fine and arrest him. The complainant asserts that he abided by all of the officer's Instructions and was compliant. He states he was mistreated, hand cuffed and Officer A's written statement was false and created to get him In trouble. Officer's statements, dispatch logs from JECC, and in car video show Officer A did not follow the complainant after lie was Issued an open container ticket. In car recordings of officers confirm the complainant yelling and touching officers. Complainant was directed repeatedly not to do this, however he continued. The only written statements produced by that Officer A were the charge sheet and the chemical request form. Allegations: Not Sustained Comment: Attempts to contact the complainant by the ICPD by phone on 11 -15 -2011 and 11 -17 -2011 were not answered in spite of leaving detailed messages. On 11 -17 -2011 a letter was sent with Information as to how to contact the ICPD for an Interview. Neither return calls nor correspondence have been received. :_+C7 ry yg��57 V OPS -15.1 Original Date of Issue General Order Number MAY 12, 2000 00.03 Effective Date of Reissue Section Code April 10, 2012 1 OPS -15 Reevaluation Date Amends /Cancels May 2013 •d C.A.L.E.A. Reference 1.3.4,1.3.5,1.3.9,1.3.11 INDEX AS: Use of Force Less Lethal Use of Force Matrix 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. OPS -15.2 111. DEFINITIONS A. Iowa Code, Chapter 704.2 defines less lethal munitions as: "projectiles which are designed to stun, temporarily Incapacitate, or cause temporary discomfort to a person without penetrating the person's body." B. Kinetic Energy Impact Projectiles - Flexible or non - flexible projectiles (E.g. "beanbags "), which are Intended to incapacitate a subject with minimal potential for causing death or serious physical Injury, when compared to "conventional" rounds. IV. PROCEDURES FOR USE Less Lethal Extended Range Impact Weapons Kinetic nerg ey impact projectiles will be evaluated for use on the following criteria: r.> A. Accuracy ` 1. This is the primary consideration, since proper shot plaoetent'- 'dreatiy .j assists in controlling the other two evaluation criteria. �., :.., 2. This will be evaluated based on the anticipated ranges of deploymq,�t. 3. The minimal standard of accuracy of such a round Is: ;; = =' y a. 12 - Inch group at 15 yards for the 12 -gauge system. TheCgjolko sh ll consist of 3 rounds. B. Effectiveness 1. This is the potential for the round to cause Incapacitation and reduce the subject's ability to continue their Inappropriate behavior. 2. The level of energy necessary to cause incapacitation creates the potential for Injury, but when properly deployed, use should result in a low probability for causing serious physical Injury or death. C. Potential for causing death or serious physical Injury 1. The potential for causing death or serious physical injury with such projectiles Is a reality. This potential is greatly reduced when Impacts to the head, neck and chest are avoided, and when appropriate medical examination is provided In cases where the subject is struck in an area that might conceal a closed Injury. (Including such areas as the chest, back, thoracic and abdominal cavities and groin) 2. When engaging a subject, the officer shall evaluate the effectiveness of each round after each shot. Compliance and /or Incapacitation are the desired goal, and alternative target areas /response should be considered when rounds are not effective. Alternative target area /response considerations will be based - on the circumstances the officer Is encountering. OPS -9 6.3 TARGET AREAS A. Less Lethal projectiles shall be delivered to suspect target areas based on the circumstances of the situation and the level of force authorized. The deployment of less lethal projectiles shall be in conformance with departmental training guidelines pertaining to recommended target areas. B. Head /Neck and Chest - Intentional Impacts to these areas should be avoided unless the use of deadly force is justified, necessary and appropriate. USE OF FORCE CONTINUUM The Iowa City Police Department recognizes five levels of force In the adopted Use of Force model. The use of less lethal impact projectiles are considered a level IV response (subject is assaultive), when deployed to areas of the subjects body that are considered unlikely to cause serious physical Injury. In addition, less lethal projectiles may be used when a person is threatening death or serious Injury to themselves. The use of these projectiles Is recognized as a level V, Deadly Force, if Intentionally deployed or directed at the head or neck. When assessing the appropriate use of force level, prior to the transition to less lethal projectiles, the officer shall consider in addition to other factors: CD A. The level of force being confronted. C) B. The proximity /access of the subject to the officer or others. DEPLOYMENT TECHNIQUES iit.a UJ Weapons used for the deployment of less lethal munitions shall be dedic. ted for that purpose. These weapons shall be clearly marked. The use of other than less lethal rounds in these weapons is prohibited unless necessary to protect the life of the public or officer. When deploying less lethal munitions, the following procedures should be adhered to: A. Less lethal munitions should not be used at a distance of less than 16 feet (6 yards) from the target. With this in mind, the greater the distance, the less the accuracy. B. When practical, other officers involved In an incident In which less lethal munitions are deployed should be advised of the deployment prior to the discharge of the weapon. OPS -1 S.4 C. During the deployment of less lethal munitions, the officer in charge of the Incident should constantly evaluate the option selected against changing circumstances. D. When practical, multiple tactics should be used to overwhelm the suspect. Le. less lethal may be used in conjunction with a distraction device or chemical agent. E. A weapon loaded with less lethal munitions shall be treated with the same care and caution as weapons loaded with "lethal" munitions. F. Less lethal projectiles should not be employed without a cover officer with lethal munitions being assigned as a escort. If it Is believed the subject is carrying a firearm, less lethal shall not be deployed without the use of a cover officer with lethal munitions. Officers shall only deploy those less lethal munitions which are provided by the department. The deployment of less lethal munitions shall only be performed by_those- dfficers trained and showing proficiency in their deployment. HANDLING OF INJURED SUBJECTS Suspects who are struck by less lethal projectiles shall be ' $6t ured and --� transported to a medical facility for examination and treatment. If a projectile strikes a bystander, medical personnel shall be summoned-; to the scene, and the subject shall be encouraged to seek examination at a medical facility. REPORTING AND INVESTIGATION Officers shall complete a departmental Use of Force Report, in addition to any other applicable reporting requirements, after deploying less lethal projectiles. This Includes those situations where the weapon Is removed from the vehicle and not discharged. An Investigation shall be conducted Into any situation involving the firing of a less lethal projectile at a suspect. The Investigation shall comply with departmental reporting directives contained in General Order 99 -05, Use of Force. TRAINING Officers shall be provided training in the use and deployment of the departmental less lethal munitions prior to being allowed to deploy the weapons. On an annual basis, officers will receive refresher training In the use and deployment of less lethal munitions. Samuel liargadl6ahlef 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. @r\ 1: / \L' 1 �)1�IN9 Original Date of Issue General Order Number October 4, 2000 00 -08 Effective Date of Reissue Section Code April 10, 2012 1 SER -05 Reevaluation Date Amends / Cancels May 2014 C.A.L.E.A. 1.2.21 Reference 1.3.4,1.3.9 -11, 22.2.7, 33.1.5, 33.4.1 Use of Force/ Training INDEX AS: Firearms Munitions Off -duty weapons Weapons Special Response Team Use of Force Less Lethal Training Field Training Conducted Energy Devices SfR -05.1 ,j i I. PURPOSE The purpose of this order is to identify those positions responsible for training officers in the use of various types of weapons and the minimurn requirements for officers to carry certain weapons. In addition this order identifies minimum specifications handguns and munitions must meet to be authorized by the Iowa City Police Department. II. POLICY It is the policy of the Iowa City Police Department to equip its officers with weapons and ammunition which are safe and reliable. Members of the Department shall only use weapons and ammunition authorized by the Department in the performance of their duties. It also the policy of the Department to require officers to demonstrate at least annually, proficiency In the use of all firearms, and intermediate weapons utilized under color of official duty. The Iowa City Police Department recognizes that combative, armed and /or violent subjects create handling and control problems requiring special training and equipment. SER -06.2 M. DEFINITIONS Lead Range Officer - A sworn member who has received specialized training in the Instruction of firearms training and activities (firearms Instructor school). The Lead Range Officer shall be responsible for the development and coordination of firearms training, courses of fire, recommendations for firearms, targets, range safety issues and all supplies needed for the operation of the firing range and duty use. The Lead Range Officer shall ensure that firearm maintenance and repair Issues are referred to an armorer. Range Instructor - A member who has received specialized training in the Instruction of firearms training and activities (firearms instructor school) and recommended by the Lead Range Officer, Training Officer and approved by the Chief of Police or designee. Range Instructors assist the Lead Range Officer in the development and coordination of firearms training, courses of fire, targets, range safety issues and all supplies needed for the operation of the firing range and duty use. Armorer - A member who has received specialized training to provide firearms manufacturer's authorized maintenance and repair for authorized firearms. The armorer must be recommended by the Lead Range Officer, Training Officer and approved by the Chief of Police or designee. The written approval shall specify which firearms the armorer is authorized to maintain and repair. Departmental issued handgun - Handgun issued to the officer by the department and which the officer shall carry when on duty. Any exceptions require the approval of the Chief of Police or designee. Department issued shotgun - Shotgun provided by the department for deployment In tactical situations. "Less Lethal" Shotgun - A clearly marked, department issued shotgun specifically for the deploymentluse of "less lethal" munitions (e.g. bean socks and conductive energy munitions). Less lethal shotguns are the only authorized methods of delivery for these types of shotgun -fired munitions. Less lethal shotguns shall not be used -. to f &.6adition shotgun ammunition (shot, buckshot, or slugs). Long -gun - Any firearm other than a handgun. Includes all shotguns odd riven regardless of applications ) f Authorized Automatic Weapon -Any department issued automatic wei pt � wf►1ch the' officer has met approved levels of proficiency in firearms qualification tralhIng. Projectile Launcher - Any department Issued launcher with which the officer has met approved levels of proficiency In firearms or less lethal qualification training. Less Lethal Philosophy - A concept of planning and force application, which meets operational objectives, with less potential for causing death or serious Injury than conventional police tactics. SER -06.3 Subject - The person who is the focus of the police operation. Official color of duty - Any action taken by a sworn officer whether on or off duty pursuant to his/her status or authority as a police officer and within the scope of their duties. Defensive Tactics Instructor - Sworn officer who ties received specialized training in the Instruction of defensive tactics. Baton Instructor - Sworn officer who has received specialized training in the Instruction of department issued impact weapons. Less Lethal Munitions Instructor - Sworn officer who has received specialized training in the instruction of department issued less lethal munitions. Department issued Impact weapons - The department issued impact weapons will consist of the collapsible straight baton or the 36" straight baton. Any deviation shall be approved by the Chief of Police or designee. Personally owned weapons - Any weapons not purchased and owned by the department, Personally owned weapons shall not be worn or carried on duty as a primary weapon, Conducted Energy Device Instructor — Sworn officer who has received specialized training in the instruction of department issued conducted energy devices. IV. PROCEDURES A. GENERAL FIREARMS REQUIREMENTS 1. All on -duty sworn personnel, whether in uniform or non - uniform, shall be armed with a departmentally Issued duty handgun. a. Exceptions - i. Officers operating in a status where possession of �a) firearm would endanger the officer or the operation In which they are`paaIi#atIAW ii. Where there is a need to or requirement that officers secure their weapon prior to entering a secured area. i :'. courtroom,, correctional facilities or psychiatric wings of hospitals.' Ill. Officers with non - uniform administrative assi6ninents- while performing that assignment. iv. Officers on "light duty" will carry weapons based on limitations as provided by a physician. 2. Prior to initial Issuance, weapons shall be reviewed, inspected and approved. On an on -going basis, qualified Instructors or armorers shall conduct inspections of individual weapons. The date of the Inspection and name of the Inspector shall be recorded and forwarded to the Lead Range Officer, Training Officer or SRT supervisor, as appropriate, a. if a weapon is determined to be unsafe, the Instructor or armorer shall remove it from use pending repair, record the malfunction, cause repair SER -06.4 to be made, and provide a replacement to the employee as soon as practical. 3. Non - uniformed on -duty officers carrying a firearm In an unconcealed manner must be readily identifiable as a police officer by wearing their badge adjacent to the weapon. 4. Whether on or off -duty, officers shall carry their police Identification while armed. a. Exceptions 1. When participating in recreational shooting events. 11. When the possession of police Identification would endanger the officer, or operation in which he /she Is participating. Ili. When in the department Issued uniform, the uniform may serve as police identification. 6. The carrying of a handgun while off -duty shall be at the discretion of the officer. If the officer elects to carry a Department approved handgun off - duty, it shall be concealed from public view. An officer electing not to carry a handgun while off -duty shall not be subject to disciplinary action if an occasion should arise in which they could have taken police action were they armed. 6. Officers may carry a personal backup firearm while on duty provided the following requirements are met: a. The weapon meets the specifications for approved off -duty carry. b. The officer shall qualify with the weapon on at least an annual basis or as determined by the Lead Range Instructor. c. The officer's Watch Commander shall be advised of the make, model and serial number of the approved weapon. d. On an annual basis the weapon shall be Inspected by a departmental armorer or firearm instructor. e. The weapon shall not be carried as the officer's primary weapon. f. The weapon shall not be modified after it has been approved without notification and approval of the Lead Range Instructor. g. If the weapon is discharged In the line of duty it shall be Immediately surrendered to the on -duty watch supervisor. h. The Officer recognizes that the Department or City of Iowa City will in no way be liable for the damage, theft or loss of the personal weapon. 1. The weapon shall only be loaded with ammunition approved by the Commanding Officer Field Operations when carried on duty. 7. All sworn officers shall be armed with a Department appMyod Nndgu _ while operating any marked police vehicle. ? �; N i >•� 8. Department issued firearms shall only be used for departmental duties. lJ} 9. All officers must meet approved qualification training as set forth by the Chief of Police SER•06.6 levels of proficiency in firearms Range Officer and approved by the 10. While on -duty, officers shall carry their handgun fully loaded. (I.e. full chamber and magazines for semi -auto handguns and full cylinder for revolvers.) 11. Long -guns will be carried with the magazine loaded and the chamber empty, unless being used by the officer. Officers shall, as soon as practical, notify a supervisor of any long -gun deployment (i.e. removal of long -gun from vehicle /case at a call -for service). 12. Only magazines authorized by the department may be used in a firearm. 13. Officers are responsible for the safekeeping and security of all department authorized firearms in their custody. 14. When loading or unloading a firearm in the Police Department, the unloading / loading shall occur using the bullet trap provided by the department. 16.All department issued firearms shall be stored, handled, and / or maintained in such a manner as to prevent the firearm from an unintended discharge. 16.All department authorized weapons shall be stored consistent with Iowa Code Chapter 724.22 (7). a. it shall be unlawful for any person to store or leave a loaded firearm which Is not secured by a trigger lock mechanism, placed in a securely locked box or container, or placed in some other location which a reasonable person would believe to be secure from a minor under the age of fourteen years, if such person knows or has reason to believe that a minor under the age of fourteen years is likely to gain access to the firearm without the lawful permission of the minor's parent, guardian, or person having charge of the minor, the minor lawfully gains access to the firearm without the consent of the minor's parent, guardian, or person having charge of the minor, and the minor exhibits the firearm in a public place in an unlawful manner, or uses the firearm unlawfully to cause Injury or death to a person. This subsection does not apply if the minor obtains the firearm as a result of an ,,unlawful entry by any person. A violation of this subsection ist punishable as a serious misdemeanor. 17. Officers shall not carry any firearm under the following cirQtimstances:1 a. The officer is on suspension or is directed not to do so'by the,Chlof "of Police. b. The officer has not successfully met proficiency and qualification levels as set forth by the Department. SER -06.6 c. While under the influence of alcoholic beverages or medications that impair physical or mental ability. 16. Probationary officers shall carry weapons as directed by Field Training protocols. D. DISPLAY OF FIREARMS 1. Except for general maintenance, supervisory inspections, storage or authorized training, officers shall not draw or exhibit firearms unless circumstances create a reasonable suspicion that it may be necessary to lawfully use the weapon in conformance with departmental directives. 2. Unless specifically designed to be carried in this fashion, at no time shall a firearm be carried or placed in a cocked condition, except for a second or subsequent shot of a semi -auto firearm. 3. Department owned firearms shall not be carried or utilized for any non -law enforcement activity without the express written permission of the Chief of Police or designee. 4. No officer shall display or provide any weapon to a citizen to inspect, examine or otherwise handle unless authorized by the Chief of Police or designee. C. AUTHORIZED WEAPONS 1. On -duty handgun, uniform duty a. An approved on -duty handgun for uniform duty is any department issued handgun as approved by the Chief of Police. b. Specifications 1. Upon the effective date of this order, newly authorized 'handguns must be double- action only or decoct( only models: Single- action handguns are not authorized. ; ii. Minimum trigger pull weight: Factory trigger pull ,weight not less than five (5) pounds. ' Iii. Darrel length: not less than 3.5 Inches and not more kan 6. ihche's`. Iv. Ammunition capacity: six (6) rounds minimum. v. Handguns shall be carried in department authorized.holster& 2. On -duty handgun, non - uniform duty a. An approved on -duty handgun for non- uniform duty is any department Issued or personally owned departmentally approved handgun. b. Specifications I. Upon effective date of this order, newly authorized handguns must be double- action only or decock only models. Single action handguns are not authorized. Ii. Minimum trigger pull weight: Factory trigger pull weight not less than five (5) pounds. Ill. Darrel length: not less than 3 inches and not more than 6 inches. Iv. Ammunition capacity: six round minimum. SCR -06.7 v. Handguns shall be carried In department authorized holsters unless authorized by the Commander of Field Operations. a) Exceptions: Undercover officers or officers assigned to plain clothes duty shall wear a holster or otherwise safely secure their weapon. 3. Off -duty Handguns a. An approved off -duty handgun Is any department issued handgun or personally owned handgun meeting the following requirements. I. Criteria for personally owned, off -duty handguns a) .380 ACP or larger b) .45 ACP or smaller c) Annually inspected by a departmental armorer or firearms instructor. li. Upon effective date of this order, newly authorized revolvers must be double action. Single action only revolvers are prohibited. Semi- automatics shall be carried according to manufacturer specifications. Semi -autos which are carried with the hammer in the rearward position shall be "cocked and locked" (hammer back and safety on) and carried in an approved holster. Holsters shall be approved by the Lead Range Officer or Chief of Police. iii. Minimum trigger pull weight: Factory pull weight not less than five (6) pounds. IV. Ammunition Capacity: five (6) round minimum. V. The handgun shall be concealed (This does not Include transportation of the weapon to and from the officer's residence and the PD) and carried In a secure and safe manner. vi. Off duty weapons may be worn while attending court (with judge's approval) if the officer is in plain clothes and the weapon is concealed. 4. Authorized Automatic Weapons a. Specified Special Response Team (SRT) personnel may be authorized to carry a department Issued automatic weapon. The member shall demonstrate proficiency for qualification as set fort) , by the range officer and approved by the Chief of Police. 5. Authorized Shotgun a. An approved shotgun Is any department issued shotgun. 6. Authorized Rifle a. Specified SRT personnel and Patrol Rifle Operators may be authorized to carry a department issued rifle. The member shall demonstrate proficiency for qualification as set forth by the range officer and approved by the Chief of Police. 7. Authorized Projectile Launcher SER -05.8 a. All officers who are assigned special weapons and ammunition shall successfully complete the applicable qualification courses and training provided by the firearms or less lethal Instructor. 8. Firearms Records a. A Department Armorer or Lead Range Officer may authorize an approved type firearm (Le. meets departmental specifications). The approving authority shall record the following information and forward It to the Lead Range Officer: 1. Initial date of service 11. Description iii. Manufacturer and Caliber Iv. Serial number v. Repair, service and modification history A. Officer and date approved Al. Proficiency qualification scores and dates. a. Proficiency qualification scores /dates shall be forwarded to the Training Unit and be entered in the Departments records management system. b. The Lead Range Officer shall maintain a record for each firearm approved by the Department for use under official color of duty, and shall, at a minimum Include the aforementioned information. c. A copy of the firearm record shall be provided to the Commander of Field Operations and be entered in the Departments records management system. 9. Firearms Modifications and Repairs a. All department issued and department approved personally owned firearms shall not be modified from the manufacturer's specifications, except under the following circumstances: 1. All modifications or repairs shall be conducted by the manufacturer, manufacturer authorized service center, or department approved armorer. Exception: Officers may personally Install a slip -on grip on their department issued or personally owned handgun. All Qther grip changes or modifications shall be conducted per section L;above. It. The Lead Range Officer shall be notified in:,-;writinq of—gal modifications or repairs and shall enter the modific tl&ps :or repalrb in the Departments record management system. � 4cumenteltlbh shall be kept on file with the Lead Range Officer. 10. Firearms Maintenance a. Officers shall maintain all firearms Issued to them, or approved for use by the Department, in proper working order. Officers shall not disassemble any Department Issued firearm beyond field stripping, as per the manufacturer recommendations for proper maintenance and cleaning. All other disassembly shall be conducted by the manufacturer, manufacturer authorized center, or department approved armorer. -► 1+ b. Each repair or service transaction shall be documented and recorded as required In section 9. Ii. above. 11.Ammunition a. Officers shall carry all department issued firearms or personally owned firearms approved for duty use loaded with department approved ammunition. This ammunition shall not be modified In any way. b. The Lead Range Officer shall be responsible for issuing all duty and training ammunition for all officers of the Department. 1. All ammunition shall be produced by a major commercial manufacturer of such product. II. All issued duty ammunition shall be rotated at least on an annual basis. iii. All Issued duty and training ammunition shall be approved by the Chief of Police or designee. Iv. All ammunition carried in a department approved, personally owned, off -duty firearm shall be approved by the Chief of Police or designee. 12. Firearms Proficiency, Training and Testing Courses of fire and tests designed to require the officer demonstrate accuracy, safety, functionality and maintenance of the firearms the officer carries or uses and knowledge of laws and departmental regulations concerning the use of force and weapons shall be required on an annual basis. a. All persons utilizing range facilities shall follow the direction of the Lead Range Officer /Range Instructor at all times. b. Courses of fire will be designed by firearms training personnel to Include scores, target types, timing distance and practical conditions that meet the needs of the department. c. Scores will be documented as either pass /fail, or in annual firearms qualification courses, as a numerical score with a minimum of 80% required to pass and qualify. d. Proficiency tests will Include demonstrated ability of the officer to accomplish the following: drawing, holstering, clearing stoppages, loading, unloading, and safe handling of the firearm as designated by the training staff. ; e. Target types will consist of, but not be limited to the following: 1. Paper targets with printed design to represent areas to hit and be used in scoring accuracy. H. Steel targets that present Instant feedback toi the 8fftcer`on accuracy. Ili. Shoot/don't shoot targets that represent the .read: for' an officer to react appropriately. f. Successful completion of a transitional training "course conducted by the firearms training staff is required by any officer who changes from primary handgun of one design to a handgun of another design, prior to being approved to carry the new handgun. SER -05.10 g. Annual handgun proficiency qualification requirements shall consist of successful completion of two courses consistent with ILEA for each issued handgun. h. All officers who are assigned special weapons and ammunition shall successfully complete qualification courses and training designed by the firearms training staff and those In charge of the affected units on an annual basis. 1. Remedial training shall be required of-those officers who fall to achieve the minimum scores or levels of proficiency that are required by the Department. 1. Remedial training shall continue until the officer meets the standard, or upon a third failed attempt to qualify, the Firearms Instructor shall notify the officer's supervisor, Commander of Field Operations and Chief of Police. ii. Failure to meet the standard will result in Immediate notification to the Commander of Field Operations and the Training Officer and may result in temporary reassignment to administrative duties that do not require the use of a firearm. This may continue until the standard Is met, but will not exceed five (5) duty days without administrative review. ill. Continued failure to meet the standard may result in administrative action being taken against the officer. J. The Range Officer or Lead Range Instructor conducting the firearms training shall complete records documenting all firearms training for each officer. These records shall be retained by the Training Unit. k. All firearm Instruction, training and quailfkfation shall be provided by a certified Instructor. 13. Less Lethal Impact Projectiles : --W) a. There are many projectiles considered "less lethal ". Ttte;primvy typlab used by the Iowa City Police Department are: 1. "Bean sock" round -12 gauge 11. Non - flexible - 37mm round b. Only rounds purchased by the department may be used during a deployment. Deployment shall be consistent with departmental directives on the Use of Force and the deployment of Less Lethal munitions. c. All 37mm less lethal munitions and delivery systems will be maintained by the SRT. This system will only be deployed by department members who have been trained and qualified in Its use. d. Targeted subjects who have been struck by either of these projectiles shall be secured and transported to a medical facility for examination. e. Bystanders who are struck by less lethal munitions shall be encouraged to seek medical attention at a medical facility. f. Only those persons trained and qualifying with the device may deploy the device. 14. Impact Weapons SER -05.11 Training will be designed to require the officer to demonstrate proficiency with the types of impact weapons carried and knowledge of the laws and directives concerning the use of impact weapons. When used as an Impact tool, they are considered a level four use of force. Officers shall only carry Impact weapons that are Issued by the department. a. All officers will complete a basic course of instruction in the proper use and skill development of each type of approved Impact weapon, prior to being authorized to carry such weapons on duty. b. Officers will complete annual in- service training in the use of Impact weapons. c. All in- service training shall be approved by the training unit prior to Implementation. d. Remedial training will be required of those officers who fail to achieve the minimum levels of proficiency that are required by the Department. f. If the officer fails to meet the standard, the Baton Instructor shall Inform the officer's supervisor and Commanding Officer Field Operations. Ii. Continued failure to meet the minimum standard may result in administrative action against the officer. 15. Chemical Agents Chemical Agents will be available and may be used to Incapacitate subjects when lower levels of force would have been inappropriate or have failed In the control or dispersal of these subjects. a. Uniformed and non - uniformed personnel will be limited to the use of Pepper Spray unless additional specialized training is received In the use of other chemical agents. b. The deployment of Chemical Agents other than the use of pepper spray must be authorized by the Commander of Field Operations or designee. Examples of other ag�ots and deployment methods Include but are not limited to: 1, 12 Gauge chemical munitions Ii. 37 mm chemical munitions Ill. Foggers �e+� Iv. PepperBail Systems 16. Conducted Energy Devices L- Training will require the officer to demonstrate proficiency with-the use of conducted energy devices carried and knowledge of the laws and directives concerning the deployment of such weapons. Officers shall only carry conducted energy devices that are Issued by the department. a. Officers will complete a basic course of instruction regarding conducted energy devices prior to being authorized to carry such weapons on duty. b. Officers will complete annual training in the use of conducted energy devices taught by a certified Instructor. SER -08.92 c. All in- service training shall be approved by the training unit prior to Implementation. d. Remedial training will be required of those officers who fall to achieve the minimum levels of proficiency that are required by the department. 17. Distraction Devices The use of distraction devices is limited to the SRT and may only be deployed by personnel who have received training in their use and deployment. IB. Less Lethal /intermediate Impact Weapons Records The office responsible for Quartermaster function Is responsible for maintaining a record for each issued weapon other than firearms. The Commander of Field Operations is responsible for maintaining a record of each special weapon (firearm, less lethal, delivery device, etc.) maintained in that unit. a. The record shall include; Ej 1. Type of weapon /munitions - -= H. Manufacturer III. Model number if any Iv. Serial number If any t v. Number of units (munitions) vi. Address and location of storage ;- vii. Name of personnel Issued to. b. All weapons shall be inspected and found acceptable for use by the unit supervisor prior to deployment. 19. Proficiency Records At least annually, each employee shall receive in- service training on the Departmental Use of Force policy and demonstrate proficiency with each approved less lethal weapon that the officer is authorized to use. a. Such training shall be provided by a certified instructor. b. Proficiency training records shall include results from tests or demonstrations, dates, and rosters of attending officers. These records shall be maintained by the Training Unit. c. Remedial training shall be scheduled for employees who are unable to qualify with an authorized weapon. The weapons system Instructor shall notify the immediate supervisor, the Training Officer and the Commander of Field Operations of the employee's remedial training status. 1. Until the employee achieves full certification, s(he) will not be permitted to operate the specific weapons system other than in a training environment. SER -05.13 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. r M OPS -22.1 CJI,�II (I C(G: "II D Original Date of Issue General Order Number July 2, 2006 00 -01 Effective Date of Reissue Section Code April 10, 2012 1 OPS -22 Reevaluation Date Amends / Cancels May 2013 I-o . -1 C.A.L,E,A. 1.3.1, 1.3.4, 1.3.5, 1.3.6 Reference 1.3.7, 1.3.9, 1.3.10, 1.3.11, 1.3.12 Use of Force R.; INDEX AS: Use of Force Less Lethal Weapons I. PURPOSE The purpose of this order is to establish procedures for the deployment and use of a conducted energy devices commonly known as the "TASER& and the "XREP ®", II. POLICY It is the policy of the Iowa City Police Department that officers shall use the least amount of force necessary to accomplish their lawful objectives while safeguarding their own lives and the lives of others. Consistent with this policy, the Department authorizes the use of conducted energy devices by officers certified in their use as an Incapacitating weapon to: control a subject exhibiting active aggression when an officer reasonably believes that his /her life is in danger; effect a lawful arrest, or to otherwise control a combative, uncooperative person when verbal commands and persuasion have been ineffective in Inducing cooperation; or to prevent a subject from harming himself /herself or others. A conducted energy device Is never to be used on a passive subject, or as a pain - inflicting device to ensure compliance or punitively for purposes of coercion, or in an unjustified manner. OPS -22.2 DEFINITIONS Conducted Energy Device (CED) — A weapon primarily designed to disrupt a subject's central nervous system by means of deploying electrical energy sufficient to cause uncontrolled muscle contractions and override an individual's voluntary motor responses. The device fires probes or a projectile with barbed electrodes. The probes /electrodes are connected to the CED's battery by a high- voltage insulated wire. Electrical pulses are sent along the wires to the probes /electrodes with the Intended effect being to temporarily Incapacitate the targeted subject. After Firing Identification Dots (AFID) — Small identification tags ejected from the cartridge when the Taser® is fired. The AFID's have the Individual unit's serial number printed on them which identifies which unit was fired. Gas Cartridge — The replaceable cartridge which contains and fires the electrical probes. The Gas Cartridge has an expiration date and ejects AFID tags when fired. The Gas Cartridge has two probes on the front allowing it to be used as a contact device. When the Gas Cartridge is removed the device can also be used as a contact Electro- Muscular Disruption device. Probes /Electrodes — Barbed projectiles that are fired from a conducted energy device and penetrate the skin; wires are attached to the probes /electrodes leading back to the CED. XREP (EXtended Range j_lectronic Projectile) — A self - contained conductive, energy device that that can be fired from a from a 12 -gauge shotgun. The projectile; includes barbed electrodes and the battery of the device. - w IV. PROCEDURES A. DEPLOYMENT OF CONDUCTED ENERGY DEVICES 1. A conducted energy device should not be pointed at any Individual unless the officer reasonably believes it will be necessary to use the device. 2. For maximum effect, a conducted energy device should be fired at center body mass. The head, face, breast or genitalia should be avoided if possible. When deploying a conducted energy device, officers should under normal circumstances use it for one standard cycle /application and then evaluate the situation while using verbal commands. Should an aggressive subject not comply with the commands of the deploying officer, he /she may deliver a subsequent application as reasonably necessary and re- evaluate the situation before delivering a another cycle. Alternate methods to subdue the subject should be considered. OPS -22.3 4. When possible, an officer who deploys a conducted energy device will give a verbal warning prior to deployment, unless to do so would place any other person at risk. This verbal warning will fulfill these purposes: a. give an aggressive subject a final warning that his/her actions are dictating use of the device b. warn other officers and bystanders that the conducted energy device Is about to be deployed. 6. The deploying officer will then direct the actions of any assisting officers) on the scene in handcuffing the subject. The conducted energy device will not deliver its charge to a second person unless that person places his /her hand or a body part in between the two probes. The conducted energy device should not be used on handcuffed subjects unless they are actively resisting or exhibiting active aggression and other control options would place the officer or others in imminent danger. 6. Assisting officers shall approach the subject with caution so as not to break the wires connecting the probes to the conducted energy device. 7. Following a conducted energy device deployment, officers shall use a restraint technique that does not Impair respiration. 8. The conducted energy device "probe mode" should be the primary setting option with the "drive stun" mode generally used as a secondary opl(on. CD rJ 9. A supervisor shall respond to all incident scenes where Mqcd6uctedl energy device has been discharged and conduct an initie(P- vier of t deployment. '"' e:. B. SITUATIONS WHERE CONDUCTED ENERGY DEVICES MA- If: BE UPED' 1. When an officer reasonably believes that the subject will become, or is engaged in violence directed towards the officer or others; or the subjecfs demeanor Indicates they will engage In active aggression and other options would place the officer or others at risk (active aggression is a greater standard than active resistance). In addition, conductive energy devices may be used when a person is threatening death or serious Injury to themselves. As with all use of force incidents; the decision to use a particular tool or technique will be evaluated in conjunction with General Order 99 -06, Use of Force. 2. To stop a dangerous animal. C. SITUATIONS WHERE CONDUCTED ENERGY DEVICES SHALL NOT BE USED UNLESS DEADLY FORCE IS APPROPRIATE OPS -22.4 1. Near flammable liquids, gases, blasting materials or any other highly combustible materials which may be Ignited by the use of the device, including potential rnethamphetamine labs or subjects contaminated with such materials. 2. When it is reasonable to believe that incapacitation of the subject may result in serious Injury or death. (i.e. falls, etc.) D. SITUATIONS WHERE CONDUCTED ENERGY DEVICES SHOULD BE AVOIDED Although not strictly prohibited, officers should give additional consideration to the unique circumstances involved prior to applying a conducted energy device in any of the following situations. There must be compelling reasons for deployment which can be clearly articulated. 1. When the officer cannot approach the subject within Its effective range. 2. On persons in wheelchairs. 3. To control persons in operation of a vehicle. 3. On elderly persons. 4. On women known to be pregnant. 5. On persons with known heart problems. 7. On persons with an apparent debilitating illness or who are visibly frail. 8. On young children or those under 80 pounds. 9. On individuals with known neuromuscular disorders such as .multiple sclerosis, muscular dystrophy or epilepsy. E. POST DEPLOYMENT PROCEDURES 1. XREP casings and projectiles, probes, AFIDs, and cartridge packs used against individuals will be recovered and submitted as evidence. 2. Skin Penetrating Probes: a. Officers should remove the probes /electrodes as trained and Inspect them to ensure the entire probe /electrode has been rernoved. Removal of broken probes /electrodes should be done by medical personnel. OPS -22.6 b. in the event that a probe /electrode is broken off in the skin or the probe /electrode is not fully Intact, the subject will be transported to a hospital. c. Only hospital personnel are to remove probes /electrodes embedded In sensitive tissue areas such as the head, neck, throat, face, genitalia or female breast. d. Probes /electrodes will be packaged In accordance with existing procedures for the storage and handling of bio- hazard materials. Probes /electrodes which may be contaminated shall be clearly Indicated as such on their package. 3. Probes /electrodes which have not penetrated skin will be packaged to ensure the safety of persons later handling the evidence packages. 4. Packaging: a. All probes /electrodes taken In accordance with this policy shall be packaged in accordance with the training received pertaining to the collection of the probes. When placed in temporary storage, the compartment containing the probes /electrodes should be clearly marked as containing a potential hazard. b. Spent cartridges and a representative AFID sample from the spent cartridge will be packaged as evidence and may be pieced In the same larger envelope as the spent probes. b. if practical, photos shall be taken of probe /XREP impact areas. F. MEDICAL. TREATMENT Ensure the suspect's appropriately treated by of "excited delirium ". •y iii ��•� Injuries or complaints of injury'-(If any) .a medical personnel. Monitor the Q ,ecapr signs 2. Medical treatment shall be obtained for any suspect that-- jf6t rocelved -a conducted energy device discharge. G. REPORTING With the exception of training, all discharges of conducted energy devices will be documented on a Use of Force Report. 2. Aiming the device's dot or an arc display is considered a use of force. 3. Jail staff shall be notified of Intake prisoners who have been exposed to a conducted energy device. OPS -22.6 4. The Commander of Administrative Services or designee shall be notified (by e-mail) of deployments in order to download information from the device. H. TRAINING Certified instructors are the only authorized persons to instruct on conducted energy devices. 2. Only officers who have been trained by a certified instructor may employ a conducted energy device on which they are certified. Officers are required to be re- certified annually. Officers who fall to qualify /show proficiency will be provided with remedial training according to the lesson plan. The Training Sergeant will maintain records to ensure that officers receive the training at the appropriate times. I. MAINTENANCE 1. Testing and maintenance of conducted energy devices will be consistent with the manufacturer's specifications and conducted by properly trained armorers. Officers shall check the conducted energy device at the start of their tour of duty to ensure that the weapon has a functional charge. 3. Authorized officers will only carry a Department issued conducted energy device. 4. 'i'he holster will be carried on the duty belt on the side opposite the duty firearm. Non - uniformed officers will use an approved holster on the side opposite the duty firearm. 5. Officers shall not in any way alter or modify these weapons, G Samu I liargadine, f of Police` WARNING OPS -22.7 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. ci aiC N i �d April 30, 2092 Mfg Packet PCRB COMPLAINT DEADLINES PCRB Complaint #12 -01 Filed: 04/09/12 Chief's Report due (90days): 07/09/12 Chief's Report filed: ? ?/ ? ?/12 PCRB Mtg #1 (Review & Assign) ? ?/ ? ?/12 PCRB Mtg #2 (Review) ? ?/ ??/12 PCRB Report due (45days): ? ?/ ? ?/12 PCRB MEETING SCHEDULE May 9, 2012 — Community Forum June 12, 2012 July 10, 2012 August 14, 2012 POLICE CITIZENS REVIEW BOARD OFFICE CONTACTS March 2012 Date Description Iiim 0 K®Ille Tuttle From: Sam Hargadine Sent: Tuesday, April 10, 2012 3:68 PM To: 'Julie- jones@ulowa.edu' Ca Kettle Tuttle Subject: RE: question for police citizens review board Ms. Jones, This is a jurisdictional question that the PCRB would forward on to the police department anyway so I'll take the liberty of answering your question and hopefully cutting down the time It would take to get your question answered. Private property will always be the jurisdiction of the Iowa City Police Department, even on game days and even If It's a problem associated with game day or vendors camped out on someone's private lot. The non- emergency phone number to the Joint Emergency Communications Center is 356 -6800. if it Is an emergency then dial 911 and you will be directly routed to the JECC dispatcher. The JECC is not the Iowa City Police Department, they are an Independent agency but they should ask you enough Information to adequately determine what the problem is and who to send. In the future, if you are given a similar run -a -round I would ask to be connected with the ICPD front desk and then ask for the Watch Commander. If the Watch Commander is unavailable then ask to leave a message and they should call you back. Depending on where the problem Is an exact address should let a dispatcher know which jurisdiction to send. Absent an exact address then a dispatcher would have to guess and sometimes they guess wrong. I hope this helps. Samad E Nxxgadure Chief of Police Iowa City Police Department 410 E. Washington St. Iowa City, IA 52240 -1826 From: Kellle Tuttle Sent: Tuesday, April 10, 20121:42 PM To: 'Jones, Julie K' Cc: Sam Hargadine Subject: RE: question for police citizens review board Julie, The Police Citizens Review Board reviews investigations into claims of inappropriate conduct by sworn Iowa City police officers; and also reviews the police policies, procedures, and practices, and may recommend modification's to them. I am forwarding your question to Police Chief Hargadine of the ICPD to respond to your concerns. Thank you, Kellie Tuttle City of lotua City City Clerks Office 410 E Washington St Iowa City, lA 52240 (319) 356 -5043 From: Jones, Julie K (mallto:julle Jones @ulowa.edu] Sentt Tuesday, April 10, 201210:18 AM Tot Kellie Tuttle Subjects question for police citizens review board Kellie, I would like to ask a question for the review board: We live on Melrose Circle. During UI football game days, there are occasions when we need some police assistance with the tailgating lot behind our house. The tailgating lot's entrance is at 609 Melrose Ave. We have had difficulty knowing who to call in these cases. When we call the IC police, they say It Is UI police territory. When we tali UI police, they say It Is IC police territory. Could we get a definitive answer on who to call? Also, once that decision Is made, could those officers please patrol that lot during football game days? There is a lot of public urination going on through our fence even though there are several portable toilets in the lot. Thank you, Julie Jones 4 Melrose Circle Iowa City, IA 319- 330.9954 The Coalition £or Racial Justice cio 600 N Clinton Street Iowa City, Iowa 62240 Phone:xxxx Email: xxxxx To: Iowa City City Councilors Prom: Dorothy Whlston, on behalf of The Coalition for Racial Justice CC: Iowa City Human Rights Commission, Iowa City Police Citizen Review Board Re: Coalition for Racial Justice support for the ICHRC proposal Date: April 16, 2012 Given the recent concerns expressed about and the press coverage related to the City's "Police Citizen Review Board," we are writing in support of the IC Human Rights Commission's motion, passed at their March 20, 2012 meeting: Motion that the Human Rights Commission recommends to the Iowa City City Council that a committee is established to review the Police Citizen Review Board. That committee can be compromised of city staff and or Commissioners and or councilors, and community members, and that It Investigates strengths and challenges of the current model, but also takes Into consideration whether It Is the right model for the city. We believe that public safety will be advanced by a review of the PCRB, Including a review of Its name, Its structure, what has been effective, and what community members have perceived as barriers to using the PCRB as it is currently constructed. We have been particularly troubled by the treatment of PCRB member and community leader, Royceann Porter, as told in the Board minutes and in the Press Citizen. We believe that all members of the community will be better served, including the IC Police Department, by ensuring that concerns about law enforcement actions are reviewed by a body external to the police department. Please do not hesitate to contact us if we can be of assistance In the Councilors' deliberations of this Important proposal and /or in the development of a review committee. About The Coalition: In August 2010, the Consultation ofReliglous Coin n unties (CRC) ofJohnsmn County estabifshed the Task Torte on Race, Poverty and PON Sq/ety hr response to numerous r epor•ls received by its aff Ilatedreliglous tenders abomtpr oblenrs faced by Africa: Americans In Iowa Cfty. The group reorganized ht Spring 2012 acrd changed its name to The Coallllon jor Racal Justice to serve as a broader emnnuudly coaRtlon. The Coalition is couunaled to prouolimg racial Jnstice by develophng community leaders mid supporlfng slrolegles designed to brhW about racial equity ht our comet nrly.. Me Coahflon has taken several actions since its hrceptiorb hnchrding pluming file "lonva City M111lon Hoodie March" on Alm ch 26, 2012, which resulted ht the wort racially diverse rally hi the history ojlowa City. h> 0 About The Coalition: In August 2010, the Consultation ofReliglous Coin n unties (CRC) ofJohnsmn County estabifshed the Task Torte on Race, Poverty and PON Sq/ety hr response to numerous r epor•ls received by its aff Ilatedreliglous tenders abomtpr oblenrs faced by Africa: Americans In Iowa Cfty. The group reorganized ht Spring 2012 acrd changed its name to The Coallllon jor Racal Justice to serve as a broader emnnuudly coaRtlon. The Coalition is couunaled to prouolimg racial Jnstice by develophng community leaders mid supporlfng slrolegles designed to brhW about racial equity ht our comet nrly.. Me Coahflon has taken several actions since its hrceptiorb hnchrding pluming file "lonva City M111lon Hoodie March" on Alm ch 26, 2012, which resulted ht the wort racially diverse rally hi the history ojlowa City. Kellle Tuttle From: Lindsay Jarrett <Ilndsay.jarratt@gmail.com> Sent: Saturday, April 21, 2012 6:06 PM To: Dorothy Whiston Cc: royceannporter @msn.com; diane- flnnerly @ulowa.edu; imassey @co.johnson,la.us; Kelile Tuttle; megan schwalm; Brian Morelli Subject: Re: Press Release: Iowa City Million Hoodie Rally Marches On Diane - Good question. He just wanted to luiow when we'd like the press release featured through their site - I got it posted, and if some time this week works as a feature point, I'll let him know, and he'll work on putting it in a "top spot" on the site, instead of requiring more digging for visitors to see it. I -lope you're all having a great weekend! - Lindsay On Sat, Apr 21, 2012 at 12:10 PM, Dorothy Whiston <dwhistonnrnchsi.com> wrote: I'd say sometime this week, given there are events on Sunday and next Tues. and Wed. Others' thoughts? Pastor Dorothy Whiston, D. Min First Baptist Church 500 N. Clinton St., Iowa City, IA 52245 319.321,7920 dwhiston .mchsi.com - - - -- Original Message - - - -- From: "Lindsay Jarralt" <Iindsay.larrattO.Qmatl.com> To: "Brian Morelli' <moreili.briannamail.com> Cc: r_oyeeannporter(a2msmoom, dwhiston0mchsi.com, diane- finnerlydMulowa edu, ImasseyAcojohnson.lam , hauk tultledlowa- dty.orn, "megan schwalm" <meoan.schwalmnyghoo.com> Sent: Friday, April 20, 201212:42 :13 PM GMT -06:00 US /Canada Central Subject: Re: Press Release: Iowa City Million Hoodle Rally Marches On Great questions I am copying several of the planners in so that we can talk to Identify a best date range for featuring this. We very much appreciate your willingness to help us get this information out. Well be back in touch shortly. - Lindsay On Wed, Apr 18, 2012 at 6:29 PM, Brian Morelli <morelll.briannnmail.com> wrote: Thanks. When would make most sense to feature? Brian Morelli On Apr 18, 2012, at 4:36 PM, Lindsay Jarrett <Iindsay.Iarratt(cZgmail.com> wrote: Thank youl I have done just that - appreciate the guidance. Have a great day, Lindsay On Wed, Apr 18, 2012 at 1:31 PM, Brian Morelli <morelll.brian(0]omail.com> wrote: If you post this as an announcement we can feature it on Patch. Here is the link: www.lowacity,patch,comlannouncements/ne w Brian Morelli On Apr 18, 2012, at 12 :49 PM, Lindsay Jarrett <lindsav,IarrattCa_gmail.com> wrote: > Hello, > Please see the attached press release regarding new announcements and follow -up Information from the Iowa City "Million Hoodie Rally" which occurred on March 28, with several upcoming dates and events for people to continue their commitment to racial Justice locally. > Thank you, > Lindsay Jarrett > <PressRelease- MarchesOn.docx> Kellie Tuttle From: Patricia Donalds <Izabo88@gmall.com> Sent: Monday, April 23, 201210:36 AM To: Kellie Tuttle Subject: police corruption "Letters to America — Letters to the World" - htl : / /t,co/ wsBwrp Patricia Kellie Tuttle From: Charles Eastham <easlham@mchsi.com> Sent: Wednesday, April 26,2012 11:10 AM To: Kettle Tuttle Subject: PCRB Community Forum Members of the Iowa City Police Citizens Review Board, Please receive the following for the Community Forum to be held on Wednesday, May 9, 2012. Section 8- 8 -7 -C -3 of the PCRB ordinance states, in part, that "the board shall report to the city council, from time to time, on police practices, procedures and policies, including recommended changes, if appropriate ". The following questions refer to this part of the ordinance. i. Has the Board ever made any recommendations to the city council regarding changes to any police practice, procedure, or policy? If so, what were those recommendations. They do not appear in the PCRB Annual Reports from FY o6 to FY it. 2. Please ask each member of the Board to state what current police practices, procedures, or policies they believe should be reviewed for recommending changes to the city council. 3. What is the process for citizens to make a request that the Board review a police practice, procedure, or policy? Please describe exactly how the Board would respond to such a request? Charlie Eastham 37 Cohvyn Ct. Iowa City, IA 52245 Keliie Tuttle From: City of Iowa City <wsbmaster@Icwa- cily.org> Sent: Tuesday, April 10, 2012 8:34 AM Tor Kellle Tuttle Subject: Police Citizens Review Board Community Forum POLICE CITIZENS REVIEW BOARD ANNUAL COMMUNITY FORUM MAY % 2012, 7:00 PM IOWA CITY PUBLIC LIBRARY, RM A 123 South Linn Street, IC ITEM NO. 1 CALL TO ORDER & ROLL CALL ITEM NO. 2 INTRODUCTION OF BOARD, OVERVIEW OF THE COMPLAINT REVIEW PROCESS AND PURVIEW OF THE BOARD ITEM NO.3 CONSIDER MOTION TO ACCEPT CORRESPONDENCE AND /OR DOCUMENTS ITEM NO.4 PUBLIC DISCUSSION WITH POLICE CITIZENS REVIEW BOARD ITEM N0, 6 ADJOURNMENT We invite YOU to attend a forum. The City of Iowa City WHEN: Wednesday, May 9, 2012 TIME: 7:00 PM WHERE: Iowa City Public Library, Rm A 123 South Linn Street, IC TOPIC: The Police Citizens Review Board will be holding a Community Forum on the Complaint Review Process and purview of the Board; and also for the purpose of hearing Citizens' views on the policies, practices and procedures of the Iowa City Police Department. (Find ICPD General Orders at www.icgov.org under Police Dept) QUESTIONS & COMMENTS: Send your questions or comments you'd like addressed at the forum to the following by Monday, April 30th: Please include full name and address. (All correspondence is public) PCRB City of Iowa City 410 E Washington St Iowa City, IA 52240 Or e-mail to PCRB staff: kellie- tuttle @iowa- city.org The Board will attempt to address all correspondence received. The forum will be taped for rebroadcast. l�c�l�uC. occf a4t / � W Keilie Tuttle From: Annie Tucker <annie.h,tucker gmail.com> Sent: Monday, April 30,2012 1 1:23TIM To: Kelile Tuttle Subject: PCRB questions Attachments: Questions for PCRB Forum May 2012.doc Hi Kellie, T contacted a mumber of people for input and suggestions on questions. The questions are attached. Thanks for your good work on this. Annie Tucker Questions for PCRB Forum May 2012 - Includes Input from a number of people. 1. Why and when was the PCRB founded? 2. What Is the purpose of the PCRB? 3. How many members of the PCRB are there and how are members selected? 4. Please explain what happens when someone files a complaint, step by step. 5. How many complaints have there been since the PCRB started? Of those, in how many has there been a finding of misbehavior on the part of a police officer? 6. The current complaint process has the police chief investigate or oversee the investigation of a complaint. Some citizens are concerned that this constitutes a conflict of Interest, or the perception of a conflict of Interest, since It could reflect badly on the chief if an employee he supervises is found to have behaved inappropriately. What can you say about this concern? 7. Once the complaint is flied and the Chief gets the name of the flier, is the Identity kept confidential or does it become known by the Involved officers and /or those who are not involved in the Incident and /or the Investigation? What are the formal policies and procedures regarding confidentiality of the identity of the person who made the complaint? 8. Do you think It Is possible that the fact that the police chief investigates the complaint is a deterrent to people who have a complaint? 9. Do the records of the PCRB include Information on the race or socioeconomic status of the person who filed the complaint? If yes, do you notice a pattern of any kind and what Is It? 10. Do the police personnel /officers get any training on cultural competency, racial profiling, and /or training on systemic racial disparity in law enforcement? If so, what specifically does the training cover and how often do they receive updated training? 11. What type of training on racial disparities and how to review complaints for racial profiling do members of the PCRB receive? 12. Has the PCRB ever watched video or listened to audio from a police car of a specific situation related to a complaint? Why or why not? If you have listened, who selects what you listen to /watch? 13. Do you know that sometimes the Pollce Chief has shown /played a police recording of a situation to a complaint filer? If you are aware of this, and If the PCRB members sometimes see /hear a recording related to a case, do you know whether the filer and the PCRB board members actually see /hear the same footage or different footage? is that reported to you as part of the Investigation process? 14. Is the PCRB provided with a complete record of the steps in each Investigation? Do the Investigation records let you know whether the Chief or another investigative officer had a conversation with the filer and the content of that conversation? 15. There is always communication between the PCRB and the Chief re; every case. Does the PCRB always have direct, face-to-face communication with every complaint filer? Why or why not? 15. Has anyone who made a complaint withdrawn it during the Investigation process? Do you know the reasons given for that? 16. Who reviewed the questions submitted by the public and who created the answers? f fa-A-l_eld - Keille Tuttle From: Kevin Crawley Sent: Thursday, April 26, 20121:21 PM To: Kettle Tuttle Cc: Jerry Nixon Subject: PCRB Forum sequencers Hey, Keillel I put these up yesterday. You had asked earlier, but I found that It I start those things too early, everybody Ignores them by the time the event rolls around. Thanks, Kevin '(�e�sar• invited to tiro City of io"va City Police Gitixons Review Hoard (>OM1111-inity F ortim Weth>osday, May 9 7:ilb PM Iowa City Public Library 123 S. Linn Street l hr, Police Citizens Review Board will he holdinq_ a Pomnwnity 1 =01111 on the Complaint. Review Process and punri0w of the Board; and also for 1110 purpose of hearing Citizen's views on tier, policies, N ciices and procedures of the Iowa City Police pat I ment. (Find ICPD General Ordn, of VVk'A .iC..gov.org under Police Dept) The forum will be tapod for rebroadcast ` ml all irrviterl to tho (,'fly of lovua City Poi ice citivetts review Board Corni'Mi lity F011aft1 QMSTIONS & COMMENTS: gelid your CluestianS or comments you'd like addressed at the forum to the following by Mondry, April 30th: PCRB City of Iowa City Or c -mail to PCRB staff• 1 10 IP Washington St keilie- tuttle('iowa- City.org lowa City, IA 522 0 Please include full name and address. (All correspondence IS public..) The forum will be taped for rebroadcast