HomeMy WebLinkAbout2020-06-16 ResolutionItem Number: 2.
INCITY OE IOWA CITY
www.icgov.org
June 16, 2020
Resolution of Initial Council Commitments addressing the Black Lives
Matters Movement and Systemic Racism in the wake of the murder of
George Floyd by the Minneapolis Police and calls for action from protesters
and residents.
ATTACHMENTS:
Description
resolution
Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO.
Resolution of Initial Council Commitments addressing the Blac
t!)es Matter Movement and Systemic Racism in the wa of
' -e urder of George Floyd by the Minneapolis Police d calls
for ac 'on from protesters and residents.
Whereas, protests ha a erupted across the country and in Iowa ' in response to the murder
of George Floyd by the inneapolis police; and
Whereas, protesters and r
to address the Black Lives
Whereas, systemic racism is
that an extended and intense
Whereas, the City Council is cc
Iowa City and its residents; and,
are demanding that th)BrCity and the City Council take action
movement and systpfnic racism; and,
embedded in)Ke fabric of our country and our city such
vill be requir d; and
to tjaat effort and it is in the best interests of the City of
Whereas, the City Council desires tot foft�ts initial commitments to the Black Lives Matters
movement.
Now, therefore, be it resolved by jKe City Council d(the City of Iowa City, Iowa, that:
1. The Council commit to an extended and 'ntense effort to address the Black Lives
Matters movement ayfd systemic racism.
Mayor
City Clerk
City Attorney's Office
(Sue Dulek — 6/11/2020)
a
Resolution No.
Page 2
It was moved by and seconded by the Resolution be
adopted, and upon roll call there were:
M
r
1�,�a--"•A CITY OF IOWA CITY
MEMORANDUM
Date: June 15, 2020 Late, Handouts Distributed
To: City Council
to
From: Eleanor Dilkes, City Attom (Date)
Re: Police Reform State Legislation
Attached is a copy of House File 2647 that was passed by the Iowa legislature and signed by the
Governor last week. To summarize, the law does the following:
1. Division I: PROSECUTION BY ATTORNEY GENERAL. Authorizes the Attorney General
to prosecute a criminal offense committed by a law enforcement officer that results in the
death of another, and to recommend revocation or suspension of the officer's certification
If a determination is made that criminal charges are not warranted.
2. Division II: USE OF CHOKEHOLDS BY PEACE OFFICERS. Allows a chokehold to be
used only when the standard for the use of deadly force is met (person has used or
threatened to use deadly force in committing a felony or officer reasonably believes the
person would use deadly force against any person unless immediately apprehended).
3. Division III: CERTIFICATION -OTHER STATES -REVOCATION OR SUSPENSION
A. An officer seeking employment in Iowa who has been certified in another state will not
be eligible for certification in Iowa if the officer's certification has been revoked in
another state, the officer has pled guilty to or been convicted of a felony, or the officer
was discharged or resigned in lieu of termination for engaging in "serious misconduct',
which includes "repeated use of excessive force."
B. Requires the Iowa Law Enforcement Academy to revoke an officer's certification if the
officer has pled guilty to or been convicted of a felony or discharged or resigned in lieu
of termination for engaging in "serious misconduct". Requires each law enforcement
agency to notify the Iowa Law Enforcement Academy when an officer is terminated
and whether the officer was discharged or resigned in lieu of termination for engaging
in 'serious misconduct".
4. Division IV: LAW ENFORCEMENT TRAINING — DE-ESCALATION TECHNIQUES AND
PREVENTION OF BIAS. Requires every law enforcement agency to provide, and every
officer to participate in, annual training concerning de-escalation techniques and
prevention of bias.
Please contact me if you have questions.
Cc: Geoff Fruin, City Manager
Kellie Fruehling
House File 2647 - Enrolled
House File 2647
AN ACT
RELATING TO PEACE OFFICERS, INCLUDING THE CERTIFICATION,
TRAINING, AND PROSECUTION OF PEACE OFFICERS AND THE USE OF
CHOKEHOLDS BY PEACE OFFICERS, AND INCLUDING EFFECTIVE DATE
AND RETROACTIVE APPLICABILITY PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
PROSECUTION BY ATTORNEY GENERAL
Section 1. NEW SECTION. 13.12 Prosecution of criminal
offenses committed by law enforcement officers.
The attorney general may prosecute a criminal offense
committed by a law enforcement officer, as defined in section
80B.3, arising from the actions of the officer resulting in the
death of another, regardless of whether the county attorney
requests the assistance of the attorney general or decides
to independently prosecute the criminal offense committed by
the officer. If the attorney general determines that criminal
charges are not appropriate, the attorney general may refer the
matter to the Iowa law enforcement academy council to recommend
revocation or suspension of the officer's certification if
the attorney general determines that the officer committed
misconduct that would be grounds for revocation or suspension
of a certification under chapter 80B or 80D, or rules adopted
pursuant to those chapters.
DIVISION II
USE OF CHOKEHOLDS BY PEACE OFFICERS
House File 2647, p. 2
Sec. 2. Section 804.8, Code 2020, is amended to read as
follows:
804.8 Use of force by peace officer making an arrest.
1. A peace officer, while making a lawful arrest, is
justified in the use of any force which the peace officer
reasonably believes to be necessary to effect the arrest or to
defend any person from bodily harm while making the arrest.
However, the use of deadly force or a chokehold is only
justified when a person cannot be captured any other way and
either of the following apply:
a. The person has used or threatened to use deadly force in
committing a felony.
b. The peace officer reasonably believes the person
would use deadly force against any person unless immediately
apprehended.
2. A peace officer making an arrest pursuant to an invalid
warrant is justified in the use of any force which the peace
officer would be justified in using if the warrant were valid,
unless the peace officer knows that the warrant is invalid.
3. For purposes of this section, "chokehold" means the
intentional and prolonged application of force to the throat
or windpipe that prevents or hinders breathing or reduces the
intake of air.
DIVISION III
CERTIFICATIONS — OTHER STATES — REVOCATION OR SUSPENSION
Sec. 3. Section 80B.3, Code 2020, is amended by adding the
following new subsection:
NEW SUBSECTION. 4. Reserve peace officer - means the same
as defined in section 80D.1A.
Sec. 4. NEW SECTION. 80B.11F Previous certification in
other states.
1. For purposes of this section, serious misconduct- means
improper or illegal actions taken by a law enforcement officer
in connection with the officer's official duties including
but not limited to a conviction for a felony, fabrication of
evidence, repeated use of excessive force, acceptance of a
bribe, or the commission of fraud.
2. The council may adopt rules pursuant to chapter 17A to
establish a process for the certification through examination
House File 2647, p. 3
of law enforcement officers who have been certified in another
state.
3. Before beginning employment with an employing agency in
this state, a law enforcement officer who has been certified
in another state must submit a preliminary application
for certification through examination to the council. The
application shall be under oath and shall require the applicant
to provide any information determined to be necessary by the
council, including but not limited to an attestation by the
applicant to any of the following:
a. Whether the applicants certification as a law
enforcement officer has been revoked or suspended in another
state.
b. Whether the applicant has pled guilty to or been
convicted of a felony.
c. Whether the applicant has been discharged for serious
misconduct from employment as a law enforcement officer.
d. Whether the applicant left, voluntarily quit, or has been
laid off when the applicant knew or believed that disciplinary
investigation or action was imminent or pending which could
have resulted in the applicant being discharged for serious
misconduct.
4. The council shall deny a preliminary application upon a
finding that the applicant has done any of the following:
a. Been revoked as a certified law enforcement officer in
another state.
b. Pled guilty to or been convicted of a felony.
C. Been discharged for serious misconduct from employment
as a law enforcement officer.
d. Left, voluntarily quit, or been laid off when
disciplinary investigation or action was imminent or pending
which could have resulted in the applicant being discharged
for serious misconduct, if the council determines that the
applicant engaged in serious misconduct.
5. If the council denies a preliminary application for
certification through examination, the applicant shall be
prohibited from continued employment as a law enforcement
officer in this state.
Sec. 5. Section 80B.13, subsections 8 and 9, Code 2020, are
House File 2647, p. 4
amended to read as follows:
8. ar Revoke or suspend a law enforcement officer's or
reserve peace officers certification `er the eenvietle.._ _r
a feleny er reveke er suspend a law enfe -eement e€€l— I
seetien BOB.!!, subseetien !, paragraph a '" - pursuant to section
80B.13A• in t y the -eeunel l may eearside- reveeatlen
with regard te a eurrent er former • if l'iCR
the-eouneil that an effleer has resigned and state `..!:e reasen
ferthe resignat-men-!E a -substantial , i e, : eed-exists that
e€ f l e_ r' s e e�fleat-ten f er a vielat}en-e€- the -rules.
writing and set fe_tL the
_e_.9enswhy the aeblen is being
Red, the findings eE the empleying ageney e ---
the matter, the aetien taken by the empleying ageney, and tha-t
tie-ae g-.. ! '4na4 -, as used In this
seetlen, means that all appeals threugh a gr-*-.-..-- preeedure
available te the-effreer er ei'Fiil seryiee-have been exhausted.
by anyene--eneept Persenne! eft-he-empleying agenej t'
and a €eete d law ear€e r ee m ente€€ i e erT er as erdered by a
e. The eeunell shall establish a Preeess fer the pretest
.L... _L.
9. In accordance with chapter 17A, conduct investigations,
hold hearings, appoint administrative law
judges, administer oaths, and issue subpoenas enforceable
in district court on matters relating to the revocation or
suspension of a law enforcement officer's certification.
Sec. 6. NEW SECTION. 80B.13A Revocation or suspension of
certification.
1. For purposes of this section:
a. -Final" means that all appeals through a grievance
procedure available to the officer or civil service have been
House File 2647, p. 5
exhausted.
b. "Serious misconduct- means improper or illegal actions
taken by a law enforcement officer or reserve peace officer in
connection with the officer's official duties including but not
limited to a conviction for a felony, fabrication of evidence,
repeated use of excessive force, acceptance of a bribe, or the
commission of fraud.
2. The council shall revoke the certification of a law
enforcement officer or reserve peace officer upon a finding
that the law enforcement officer or reserve peace officer has
done any of the following:
a. Pled guilty to or been convicted of a felony.
b. Been discharged for serious misconduct from employment
as a law enforcement officer or from appointment as a reserve
peace officer, as applicable.
C. Left, voluntarily quit, or been laid off when
disciplinary investigation or action was imminent or pending
which could have resulted in the law enforcement officer being
discharged or the reserve peace officer being removed for
serious misconduct, if the council determines that the officer
engaged in serious misconduct.
3. The council may revoke or suspend the certification of a
law enforcement officer or reserve peace officer due to any of
the following:
a. For any other grounds authorized by rules adopted
pursuant to section 80B.11, subsection 1, paragraph h", or
section 80D.4A.
b. When an employing agency recommends to the council that
revocation or suspension would be appropriate with regard to a
current or former employee. A recommendation by an employing
agency must be in writing and set forth the reasons why the
action is being recommended, the findings of the employing
agency concerning the matter, the action taken by the employing
agency, and that the action by the agency is final.
c. When the attorney general recommends to the council
that revocation or suspension would be appropriate pursuant to
section 13.12.
4. An employing agency shall notify the council within ten
days of any termination of employment of a law enforcement
House File 2647, p. 6
officer or appointment as a reserve peace officer. The
notification must state whether the law enforcement officer or
reserve peace officer was discharged or removed for serious
misconduct or whether the officer left, voluntarily quit, or
was laid off when disciplinary investigation or action was
imminent or pending which could have resulted in the officer
being discharged or removed for serious misconduct. Upon
request by the council, the employing agency shall provide
any additional information or documentation about the officer
including confidential records or information under section
22.7 or other applicable law to the council.
5. Any recommendation, notification, or other record or
information provided by an employing agency or the attorney
general pursuant to this section shall be confidential except
as required by rule or order of the council, an administrative
law judge, or a reviewing court. Any employing agency or
person who, acting reasonably and in good faith, files a
notification or recommendation, releases information, or
otherwise cooperates with an investigation under this section
is immune from any liability, civil or criminal, which might
otherwise be incurred or imposed for such action.
6. The council shall adopt rules pursuant to chapter 17A
establishing a process to challenge and appeal a revocation or
suspension made pursuant to this section.
Sec. 7. Section 80D.4A, Code 2020, is amended to read as
follows:
80D.4A Training and certification requirements — revocation
or suspension of certification.
The director of the academy, subject to the approval
of the council, shall promulgate rules in accordance with
the provisions of this chapter and chapter 17A, giving due
consideration to varying factors and special requirements of
law enforcement agencies relative to the standardized training
and state certification of reserve peace officers. The rules
shall provide for grounds for revocation or suspension of a
reserve peace officer's certification.
DIVISION IV
LAW ENFORCEMENT TRAINING — DE-ESCALATION TECHNIQUES AND
PREVENTION OF BIAS
House File 2647, p. 7
Sec. 8. NEW SECTION. 80B.11G Annual training
de-escalation techniques and prevention of bias.
1. A law enforcement agency shall provide annual training
to every law enforcement officer on issues relating to
de-escalation techniques and the prevention of bias. Every law
enforcement officer in the state must participate in annual
training in accordance with this section.
2. The academy shall develop and disseminate training
guidelines for all law enforcement officers consistent with
best practice guidelines.
3. Every law enforcement officer shall adhere to the
training guidelines developed by the academy pursuant to this
section. The training guidelines shall include all of the
following:
a. An emphasis on law enforcement officer understanding
and respect for diverse communities and the importance of
effective, noncombative methods of carrying out law enforcement
activities in a diverse community.
b. Instruction on diverse communities in order to foster
mutual respect and cooperation between law enforcement and
members of all diverse communities.
c. An examination of the patterns, practices, and protocols
that cause biased law enforcement actions, and the tools to
prevent such actions.
d. An examination and identification of key indices and
perspectives that make up differences among residents in a
local community.
e, Instruction on implicit bias and consideration of the
negative impact of bias, whether intentional or implicit,
on effective law enforcement, including examination of how
historical perceptions of profiling have harmed community
relations.
f. Instruction on the perspectives of diverse local
constituency groups from experts on particular cultural and law
enforcement -community relations issues in a local area.
g. A presentation of the history and the role of the civil
rights movement and the impact on law enforcement.
h. Instruction on de-escalation techniques, including verbal
and physical tactics to minimize the need for the use of force
House File 2647, p. 8
and nonlethal methods of applying force.
4. In developing the training guidelines, the academy shall
consult with the Iowa civil rights commission, groups and
individuals having an interest and expertise in the field of
cultural awareness and diversity, and advocacy organizations
with an interest and expertise in the field of biased law
enforcement actions. The academy shall also consult with local
law enforcement agencies to consider challenges and barriers to
providing training under the guidelines and methods to ease the
burden on such agencies.
Sec. 9. IMPLEMENTATION OF ACT. Section 25B.2, subsection 3,
shall not apply to this division of this Act.
DIVISION V
EFFECTIVE DATE AND APPLICABILITY
Sec. 10. EFFECTIVE UPON ENACTMENT. Unless otherwise
provided, this Act, if approved by the governor on or after
July 1, 2020, takes effect upon enactment.
Sec. 11. RETROACTIVE APPLICABILITY. Unless otherwise
provided, this Act, if approved by the governor on or after
July 1, 2020, applies retroactively to July 1, 2020.
PAT GRASSLEY
Speaker of the House
CHARLES SCHNEIDER
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 2647, Eighty-eighth General Assembly.
Approved , 2020
MEGHAN NELSON
Chief Clerk of the House
KIM REYNOLDS
Governor
—A2
Kellie Fruehling
From: Laura Bergus
Sent: Tuesday, June 16, 2020 1:02 PM
To: Bruce Teague; Mazahir Salih; Pauline Taylor; Susan Mis; Ja e � einer; qhn Thoma
Cc: Geoff Fruin; Eleanor M. Dilkes; Kellie Fruehling Eate,gianouts 1Stnbutec
Subject: Draft resolution for tonight
Attachments: Draft BLM Resolution 6-16-20.rtf
Mayor and Councilors, (Date)
Attached is a draft resolution I intend to present tonight for our consideration. The inter -agency agreement
that is contemplated as Exhibit A is in our packet. I believe staff is still writing Exhibit B, which is the letter
regarding the MRAP.
Kellie,
Would you be able to have the document to put up on screen so the public can see it?
As always, please don't reply -all, for open meetings compliance.
Yours,
Laura
319-541-9677
RESOLUTION NO.
Resolution of Initial Council Co mitments addressing the Black Lives Matter Movement
and Systemic Racism in the wa of the murder of George Floyd by the Minneapolis
Police and calls for action from p otesters and residents.
Whereas, protests have erupted aci
of George Floyd by the Minneapolis
Whereas, protesters and residents are i
to address the Black Lives Matter move
the country and in Iowa City in response to the murder
ice; and
anding that the pity and the City Council take action
it and system i racism; and
Whereas, systemic racism is deeply embeed in th abric of our country and our city such that
an extended and intense effort will be requi d; an
Whereas, the City Council is commitAthrt and it is in the best interests of the City of
Iowa City and its residents; and
Whereas, the City Council desires toitial commitments to the Black Lives Matter
movement.
Now, therefore, be it resolved by/he City Council of\he City of Iowa City, Iowa, that:
The Council commits to an e4tended and intense efforNo address the Black Lives Matter
movement and systemic r ism, includingbut not limite to the following:
1. By December 1 , 2020, develop a plan to restructu the Iowa City Police Department
(ICPD) toward community policing, including, but n limited to, reduction of the public's
reliance on p lice in non-violent situations through us of unarmed professionals, and
considerati of community policing initiatives in other 'ties; and
2. Allocate C' y funds in the amount of $1,000,000 during t e Fiscal Year starting July 1,
2020 for fforts to promote racial equity and social justice, including expansion of the
Special opulations Involvement [SPI] program, creation o new affordable housing
plan, s pport of the to be determined efforts of a Truth and conciliation Commission,
and h d a Council work session on or before August 1, 2020 address specific
allocations and provide staff direction; and,
3. Elevate the City's commitment to racial equity and social justice, nd increase resources
devoted to those efforts as needed to better train all city employees and coordinate and
report on the use of funds dedicated for racial equity and social justice; and,
4. By August 1, 2020, receive a report from the City Manager on the ICPD's involvement in
the use of gas and flash -bang devices during the protest in Iowa City on June 3, 2020;
and,
Resolution No.
Page 2
5. By October 1, 2020, create an ad hoc Truth and Reconciliation Commission to bear
witness to the uth of racial injustice in Iowa City and to carry out restorative justice,
through the coil ction of testimony and public hearings, with such work to include a
recommendation o the Council of a plan for dedicating and/or renaming public spaces
and/or rights of wa in honor of the Black Lives Matter movement; and,
6. Make it a 2021 City ouncil legislative priority to advocate for and support our state
delegation in enactin criminal justice reform and changes to state law that enable the
City's plan to restructu the police department, e` hance the authority of the Community
Police Review Board ( RB) and reduce disprop rtionate minority contact, including
support of state legislati decriminalizing small mounts of marijuana; and,
7. Continue use of the racial quity toolkit by city epartments and expand such training to
the City Council, and work ith our local bus' ess partners to educate and train the
business community on use f a racial eq 'y toolkit; and,
8. Request and receive, by Janu ry 1, 202 , a report and recommendation from the
CPRB, in consultation with its ttorne , regarding changes to the CPRB ordinance that
enhance its ability to provide eff ti civilian oversight of the ICPD, including but not
limited to those that address com Iling the testimony of officers, with the report to
include a summary of measure co sidered and rejected by the CPRB, whether it be for
policy or legal reasons; and,
9. Direct staff to provide a det ' ed expe diture summary of the police budget on the City's
website; and,
10. Send the letter attached s Exhibit "A" t the Johnson County Sheriff supporting
divestment of the M (Mine Resistant mbush Protected) vehicle and obtain a report
from city staff on the ilitary grade equipm nt currently used by the ICPD and the
federal contracts th t provide support to the olice department; and,
11. Direct the City M ager to expressly ban, int ICPD's general orders, any use of
chokeholds or a y other maneuver that cuts o xygen or blood flow; and,
12. Direct the City anager to revise the ICPD's gen ral orders to require officers to
intervene an stop excessive force used by other icers and report the incident directly
to a supervi or, and enter into a memorandum of un erstanding with other area law
enforceme t agencies regarding such intervention w n the excessive force is being
used by officer of another agency such as that curr tly being discussed and
circulat among area law enforcement attached as Ex 'bit "B"; and,
13. Reque t and receive a report and recommendation from a City's Public Art Advisory
Com ittee, after input from and consultation with local Bla k artists, on measures
Co cil should consider to provide opportunities for artistic pression by the Black
Li s Matter movement and communities of color.
Resolution No.
Page 3
Mayor
Attest:
It was
adopte
ition be
COUNCIL PRESENTATION TO FOLLOW:
� r
CITY ❑F IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(3 3 9) 356-5009 FAX
www.icgov.org
RESOLUTION NO.
Resolution of Initial Council Commitments addressing the Black Lives Matter Movement
and Systemic Racism in the wake of the murder of George Floyd by the Minneapolis
Police and calls for action from protesters and residents.
Whereas, protests have erupted across the country and in Iowa City in response to the murder
of George Floyd by the Minneapolis police; and
Whereas, the City of Iowa City strongly supports the fundamental, constitutional right to free
expression and assembly, as carried out in peaceful protest; and
Whereas, protesters and residents are demanding that the City and the City Council take action
to address the Black Lives Matter movement and systemic racism; and
Whereas, systemic racism is deeply embedded in the fabric of our country and our city such that
an extended and intense effort will be required; and
Whereas, the City Council is committed to that effort and it is in the best interests of the City of
Iowa City and its residents; and
Whereas, the City Council desires to set forth its initial commitments to the Black Lives Matter
movement.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
The Council commits to an extended and intense effort to address the Black Lives Matter
movement and systemic racism, including but not limited to the following:
1. By December 15, 2020, develop a plan to restructure the Iowa City Police Department
(ICPD) towards community policing, including, but not limited to, reduction of the public's
reliance on police in non-violent situations through use of unarmed professionals, and
consideration of community policing initiatives in other cities; and
2. Allocate City funds in the amount of $1,000,000 during the Fiscal Year starting July 1,
2020 for efforts to promote racial equity and social justice, including expansion of the
Special Populations Involvement [SPI] program, creation of a new affordable housing
plan, support of the to be determined efforts of a Truth and Reconciliation Commission,
and hold a Council work session on or before August 1, 2020 to address specific
allocations; and,
3. Elevate the City's commitment to racial equity and social justice, and increase resources
devoted to those efforts as needed to better train all city employees and coordinate and
report on the use of funds dedicated for racial equity and social justice; and,
Resolution No.
Page 2-
4.
4. By August 1, 2020, receive a report from the City Manager on the ICPD's involvement in
the use of gas and flash -bang devices during the protest in Iowa City on June 3, 2020;
and,
5. By October 1, 2020, create an ad hoc Truth and Reconciliation Commission to bear
witness to the truth of racial injustice in Iowa City and to carry out restorative justice,
through the collection of testimony and public hearings, with such work to include a
recommendation to the Council of a plan for dedicating and/or renaming public spaces
and/or rights of way in honor of the Black Lives Matter movement; and,
6. Make it a 2021 City Council legislative priority to advocate for and support our state
delegation in enacting criminal justice reform and changes to state law that enable the
City's plan to restructure the police department, enhance the authority of the Community
Police Review Board (CPRB) and reduce disproportionate minority contact, including
support of state legislation decriminalizing small amounts of marijuana; and,
7. Continue use of the racial equity toolkit by city departments and expand such training to
the City Council, and work with our local business partners to educate and train the
business community on use of a racial equity toolkit; and,
8. Request and receive, by January 1, 2021, a report and recommendation from the
CPRB, in consultation with its attorney, regarding changes to the CPRB ordinance that
enhance its ability to provide effective civilian oversight of the ICPD, including but not
limited to those that address compelling the testimony of officers, with the report to
include a summary of measures considered and rejected by the CPRB, whether it be for
policy or legal reasons; and,
9. Direct staff to provide a detailed expenditure summary of the police budget on the City's
website; and,
10. Send the letter attached as Exhibit "A" to the Johnson County Sheriff supporting
divestment of the MRAP (Mine Resistant Ambush Protected) vehicle and obtain a report
from city staff on the military grade equipment currently used by the ICPD and the
federal contracts that provide support to the police department; and,
11. Direct the City Manager to expressly ban, in the ICPD's general orders, any use of
chokeholds or any other maneuver that cuts off oxygen or blood flow; and,
12. Direct the City Manager to ensure that ICPD's policy and practices regarding
employment of officers is consistent with the goals of recently enacted Iowa House File
2647 to ensure that officers working in Iowa have not committed serious misconduct, as
defined therein.; and,
13. Direct the City Manager to review the systems and reporting mechanisms in place at the
ICPD for evaluating compliance with the ICPD's Body Worn Cameras and In -Car
Recorders general order, ensure that such systems result in consistent compliance with
the general order and revise as necessary to achieve that goal.; and,
14. Direct the City Manager to revise the ICPD's general orders to require officers to
intervene and stop excessive force used by other officers and report the incident directly
to a supervisor, and enter into a memorandum of understanding with other area law
Resolution No.
Page 3
enforcement agencies regarding such intervention when the excessive force is being
used by an officer of another agency such as that currently being discussed and
circulated among area law enforcement attached as Exhibit "B"; and,
15. Request and receive a report and recommendation from the City's Public Art Advisory
Committee, after input from and consultation with local Black artists, on measures
Council should consider to provide opportunities for artistic expression by the Black
Lives Matter movement and communities of color, including but not limited to visual arts
as well as a public festival dedicated to the celebration of Black culture.
Mayor
Attest:
City Clerk
It was moved by
adopted, and upon roll call there were:
Ayes:
Approved by:
City Attorney's Office
and seconded by
Nays:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
the Resolution be
EKH|0UA �
CITY �
��FxIOWA CITY
4|0East Washington Street
Iowa City, Iowa 52240'1826
]une___/2U20 (319)356'S00o
()|Y)356'5V09FAX
rww.icgnvorS
Lonny Pu|krabek
Johnson County Sheriff
P.O.Box 254O
51IS.Capitol Street
Iowa City, |A52l44
Dear Sheriff Pu|krabek,
On behalf ofthe City Council ofthe City ofIowa City, |amwriting torequest that the Sheriffs office
divest itself ofthe K8RAP(K8ine'Resistant Ambush Protected) vehicle. Amilitary-grade vehicle designed
for vvarzonesisnot suitable for use bvlocal law enforcement. It undermines public confidence and
trust in law enforcement and thereby interferes with the goal of keeping the community safe
Thank you for your consideration.
Bruce Teague, Mayor
MEMORANDUM OF UNDERSTANDING
Date: June 10, 2020
This MEMORANDUM OF UNDERSTANDING is entered into by the Johnson County Sheriffs
Department, Iowa City Police Department, University of Iowa Department of Public Safety, Coralville
Police Department, North Liberty Police Department and University Heights Police Department to grant
authority to our law enforcement officers from each jurisdiction to intervene if unreasonable force is
observed.
DUTY TO INTERVENE
Any law enforcement officer present and observing another law enforcement officer using force that is
beyond that which is objectively reasonable under the circumstances shall when in a position to do so,
intercede to prevent the use of unreasonable force.
Sworn officers and deputies must protect the public and other employees regardless of tenure, rank, or
member agency, and must safely intervene by verbal and physical means.
A law enforcement officer who observes another employee use force that exceeds the degree of force
permitted by law should promptly report these observations to a supervisor.
We agree and hold ourselves accountable to the communities we serve.
Respectfully,
Bill Campbell, Iowa City Chief of Police
Lonny Pulkrabek, Johnson County Sheriff
Scott Beckner, Director of Public Safety U of Iowa
Shane Kron, City of Cotalvill Chief of Police
Diane Venenga, North Liberty Chief of Police Troy Kelsay, University Heights Chief of Police
PRESENTATION CONCLUDED
ar
% 04
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-[826
(3 19) 356-5000
(3 19) 356-5009 FAX
www.icgov.org
Distributed in the 06/11/2020 City Council
Information Packet (IP2)
w CITY OF IOWA CITY
,
MEMO
% RANDUM
Date: June 11, 2020
To: City Council
From: Eleanor M. Dilkes, City Attorney
Geoff Fruin, City Manager
Re: Follow-up to BLM/Systemic Racism Work Session on June 9, 2020
This memo will provide the information Council requested from city staff at your June 9 work
session. Attached as Exhibit A is Iowa City Police Department (ICPD) "Use of Force" General
Order (GO) 99-05 dated October 23, 2019. All references are to this GO unless noted.
I. IOWA FREEDOM RIDERS DEMANDS
1. Drop all charges against protestors; including citations, tickets, etc.
City Response: As requested by the City Council on June 91, below is a list of all
protest and traffic related charges filed by the Iowa City Police Department between
5/30/2020 and 06/03/2020 proximal to demonstration locations, dates, and times.
With the exception of three speeding and stop sign charges, the pending charges
are being prosecuted by the Johnson County Attorney. The Council can make a
request to drop charges
RESOLUTION NO. 20-159
Resolution of Initial Council Commitments addressing the Black Lives
Matter Movement and Systemic Racism in the wake of the murder of
George Floyd by the Minneapolis Police and calls for action from protesters
and residents.
Whereas, protests have erupted across the country and in Iowa City in response to the murder
of George Floyd by the Minneapolis police; and
Whereas, the City of Iowa City strongly supports the fundamental, constitutional right to free
expression and assembly, as carried out in peaceful protest; and
Whereas, protesters and residents are demanding that the City and the City Council take action
to address the Black Lives Matter movement and systemic racism; and
Whereas, systemic racism is deeply embedded in the fabric of our country and our city such that
an extended and intense effort will be required; and
Whereas, the City Council is committed to that effort and it is in the best interests of the City of
Iowa City and its residents; and
Whereas, the City Council desires to set forth its initial commitments to the Black Lives Matter
movement.
Now, therefore, be it resolved by the City Council of the City of Iowa City, Iowa, that:
The Council commits to an extended and intense effort to address the Black Lives Matter
movement and systemic racism, including but not limited to the following:
By December 15, 2020, develop a preliminary plan to restructure the Iowa City Police
Department (ICPD) towards community policing, including, but not limited to, reduction
of the public's reliance on police in non-violent situations through use of unarmed
professionals, and consideration of community policing initiatives in other cities,
including, but not limited to, Minneapolis, MN, Camden, NJ, Los Angeles, CA and San
Francisco, CA; and
2. Allocate City funds in the amount of $1,000,000 during the Fiscal Year starting July 1,
2020 for efforts to promote racial equity and social justice, including expansion of the
Special Populations Involvement ISPI] program, creation of a new robust affordable
housing plan, including, but not limited to, housing in the downtown and core
neighborhoods, support of the to be determined efforts of a Truth and Reconciliation
Commission, and hold a Council work session on or before August 1, 2020 to address
specific allocations; and,
Resolution No. 20-159
Page 2
3. Elevate the City's commitment to racial equity and social justice, including expanding
efforts to increase the number of minorities employed by the City including eliminating
barriers to applications, increase resources devoted to those efforts as needed to better
train all city employees and coordinate and report on the use of funds dedicated for
racial equity and social justice; and,
4. By August 1, 2020, receive a report from the City Manager on the ICPD's involvement in
the use of gas and flash -bang devices during the protest in Iowa City on June 3, 2020;
and,
5. By October 1, 2020, create an ad hoc Truth and Reconciliation Commission to bear
witness to the truth of racial injustice in Iowa City and to carry out restorative justice,
through the collection of testimony and public hearings, with such work to include a
recommendation to the Council of a plan for dedicating and/or renaming public spaces
and/or rights of way in honor of the Black Lives Matter movement; and,
6. Make it a 2021 City Council legislative priority to advocate for and support our state
delegation in enacting criminal justice reform, eliminating the war on drugs and making
changes to state law that enable the City's plan to restructure the police department,
enhance the authority of the Community Police Review Board (CPRB) and reduce
disproportionate minority contact, including support of state legislation decriminalizing
small amounts of marijuana; and,
7. Continue use of the racial equity toolkit by city departments and expand such training to
the City Council, and work with our local business partners to educate and train the
business community on use of a racial equity toolkit; and,
8. Request and receive, by January 1, 2021, a report and recommendation from the
CPRB, in consultation with an attorney of its choice, regarding changes to the CPRB
ordinance that enhance its ability to provide effective civilian oversight of the ICPD,
including but not limited to those that address compelling the testimony of officers, with
the report to include a summary of measures considered and rejected by the CPRB,
whether it be for policy or legal reasons; and,
9. Direct staff to provide a detailed expenditure summary of the police budget on the City's
website; and,
10. Send the letter attached as Exhibit "A" to the Johnson County Sheriff supporting
divestment of the MRAP (Mine Resistant Ambush Protected) vehicle and obtain a report
from city staff on the military grade equipment in the ICPD's inventory and the federal
contracts that provide support to the police department; and,
11. Direct the City Manager to expressly ban, in the ICPD's general orders, any use of
chokeholds or any other maneuver that cuts off oxygen or blood flow; and,
12. Direct the City Manager to ensure that ICPD's policy and practices regarding
employment of officers is consistent with the goals of recently enacted Iowa House File
2647 to ensure that officers working in Iowa have not committed serious misconduct, as
defined therein.; and,
Resolution No. 20-159
Page 3
13. Direct the City Manager to review the systems and reporting mechanisms in place at the
ICPD for evaluating compliance with the ICPD's Body Worn Cameras and In -Car
Recorders general order, ensure that such systems result in consistent compliance with
the general order, revise as necessary to achieve that goal, include real consequences
for non-compliance, and report back to the Council upon completion of the review.; and,
14. Direct the City Manager to revise the ICPD's general orders to require officers to
intervene and stop excessive force used by other officers and report the incident directly
to a supervisor, and enter into a memorandum of understanding with other area law
enforcement agencies regarding such intervention when the excessive force is being
used by an officer of another agency such as that currently being discussed and
circulated among area law enforcement attached as Exhibit °B"; and,
15. Request and receive a report and recommendation from the City's Public Art Advisory
Committee, after input from and consultation with local Black artists, on measures
Council should consider to provide opportunities for artistic expression by the Black
Lives Matter movement and communities of color, including but not limited to visual arts
as well as a public festival dedicated to the celebration of Black culture.
16. Prohibit the use of tear gas, rubber bullets and flashbangs against peaceful protesters.
17. Beginning in calendar year 2021 Juneteenth, June 19, shall be a city holiday and shall
replace an existing city holiday.
Passed and approved this 16"' day of June 2020.
�J
or
APRtky,: J
4 /
Attest: f�
Cq Clerk City Attorney's Office (06/17/2020)
It was moved by Salih
adopted, and upon roll call there were:
Ayes:
and seconded by Aims the Resolution be
Nays:
Absent:
Bergus
Mims
Salih
Taylor
Teague
Thomas
Weiner
Ir
EXHIBIT A �I.®
�;� ;%
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
June 17, 2020 (3 19) 356-5000
(319) 356-5009 FAX
www.icgov.org
Lonny Pulkrabek
Johnson County Sheriff
P.O. Box 2540
511 S. Capitol Street
Iowa City, IA52244
Dear Sheriff Pulkrabek,
On behalf of the City Council of the City of Iowa City, I am writing to request that the Sheriff's office
divest itself of the MRAP (Mine- Resistant Ambush Protected) vehicle. A military -grade vehicle designed
for warzones is not suitable for use by local law enforcement. It undermines public confidence and
trust in law enforcement and thereby interferes with the goal of keeping the community safe
Thank you for your consideration.
Sincerely, '�`
Lt
Bruce Teague, Mayor
City of Iowa City
EXHIBIT B
MEMORANDUM OF UNDERSTANDING
Date: June 19, 2020
This MEMORANDUM OF UNDERSTANDING is entered into by the Johnson County Sheriffs Office,
Iowa City Police Department, University of Iowa Department of Public Safety, Coralville Police
Department, North Liberty Police Department and University Heights Police Department to grant
authority to our law enforcement officers from each jurisdiction to intercede if unreasonable force is
observed.
DUTY TO INTERCEDE
Any law enforcement officer present and observing another law enforcement officer using force that is
clearly beyond that which is objectively reasonable under the circumstances shall when in a position to do
so, intercede to prevent the use of unreasonable force.
Sworn officers and deputies must protect the public and other employees regardless of tenure, rank, or
member agency, and must safely intervene by verbal and physical means.
A law enforcement officer who observes another employee use force that exceeds the degree of force
permitted by law should promptly report these observations to a supervisor.
We agree and hold ourselves accountable to the communities we serve
Respectfully,
Awex
Bill Campbell, Iowa City Chief of Police
abek, Johnson County Sheriff
til. 9 0
Diane Venenga, North LibebvChief of Police
Sc eckner, Dj�re&Laflluglic Safety U of Iowa
Shane Kron, City of Coralville Chief of Police
"- n
Troy Kelsay, Un ve ity Heights thief of Police
June 17, 2020
Janet Lyness
Johnson County Attorney
417 S. Clinton Street
Iowa City, IA 52240
Dear County Attorney Lyness,
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356-5000
(319) 356-5009 FAX
www.icgov.org
On behalf of the City Council and in accordance with the motion passed by the City Council at its Special
Council Meeting on June 16, 2020 to discuss Black Lives Matter/Systemic Racism/Police Policies, I hereby
request that all charges you are prosecuting against Black Lives Matter protesters be dismissed.
Attached is the summary provided to Council by the police department of protest and traffic related
charges filed by the ICPD between 5/30/2020 and 6/09/2020 proximal to demonstration locations, dates
and times.
Thank you for your consideration.
Sincerely,
1�
uce Teague, MUayor
City of Iowa City
Encl.
Defendant's
(24HRS)
Location
City of
Residence
OFFENSES
Citation
ARREST
UND?
20200530
S CAPITOL
GARNERJA
OWI -PENDING
NO
pending
NO
1:55
ST/COURT ST
I RESULTS
results
20200530
E BURLINGTON
NORTH
SPEEDING
YES
NO
NO
23:17
STMOHNSON ST
LIBERTYJA
20200605
E BURLINGTON
IOWA CITYJA
DRIVING UNDER
NO
YES
NO
21:45
ST/S SUMMIT ST
SUSPENSION
20200606
E COLLEGE ST/S
MOUNT
STOP SIGN
YES
NO
NO
19:46
VAN BUREN ST
PLEASANTJA
20200606
HWY 1 W/MILLER
IOWA CITYJA
SPEED
YES
NO
NO
20:30
AVE
20200607
410 E
CEDAR
OWI,PCS
YES
YES
NO
0:55
WASHINGTON ST
RAPIDSJA
MARIJUANA,
POSSESSION OF
FIREARMS
UNDER
UNFLUENCE
20200607
S GILBERT ST/E
IOWA CITYJA
VIOLATE
YES
NO
YES
1:31
COLLEGE ST
INSTRUCTION
PERMIT,FAILURE
TO PROVIDE
PROOF OF
FINANCIAL
LIABILITY
20200607
HWY 1 W/ORCHARD
IOWA CITYJA
LICENSE PLATE
YES
NO
NO
1:33
ST
20200608
E BURLINGTON
IOWA CITY, IA
NO DL, FAILURE
YES
NO
YES
18:55
ST/S DUBUQUE ST
TO PROVIDE
PROOFOF
FINANCIAL
LIABILITY,FAIL TO
DISPLAY
REGISTRATION
PLATE,IMPROPER
USE OF LANES
20200608
E MARKET ST/LINN
IOWA CITYJA
EXPIRED
YES
NO
NO
19:51
ST
REGISTRATION
20200609
200 S CLINTON ST
IOWA CITYJA
OWI
NO
YES
NO
0:09
20200609
E COURT ST/S
WHEATONJL
POSSESSION OF
NO
YES-
NO
0:47
GILBERT ST
DRUG
cited and
PARAPHERNALIA
released
20200609
E COURT ST/S
IOWA CITY, IA
POSSESSION OF
NO
YES-
NO
0:47
GILBERT ST
FICITIOUS ID,
cited and
POSSESSION OF
released
DRUG
PARAHERNALIA
20200603
DUBUQUE/FOSTER
IOWA CITY,IA
DISORDERLY
NO
YES
NO
22:45
CONDUCT,
UNLAWFUL
ASSEMBLY
20200603
DUBUQUE/MEADOW
IOWA CITY,IA
UNLAWFUL
NO
YES
NO
23:45
RIDGE LANE
ASSEMBLY,
FAILURE TO
DISPERSE