HomeMy WebLinkAboutStaff MemoDistributed in the 06/11/2020 City Council
Information Packet (IP2)
r��h.® CITY OF IOWA CITY
' '; � MEMORANDUM
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.
1. IOWA FREEDOM RIDERS DEMANDS
1. Drop all charges against protestors; including citations, tickets, etc.
City Response: As requested by the City Council on June 911, 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
Daterrime
Defendant's
Traffic
IMPO_
Location
City of
OFFENSES
ARREST
(24HRS)
Residence
Citation
UND?
20200530
S CAPITOL
GARNER,IA
OWI -PENDING
NO
pending
NO
1:55
ST/COURT ST
RESULTS
results
20200530
E BURLINGTON
NORTH
SPEEDING
YES
NO
NO
23:17
ST/JOHNSON 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
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20200607
S GILBERT ST/E
IOWA CITY,IA
VIOLATE
YES
NO
YES
1:31
COLLEGE ST
INSTRUCTION
PERMIT,FAILURE
TO PROVIDE
PROOF OF
FINANCIAL
LIABILITY
20200607
HWY 1 W/ORCHARD
IOWA CITY,IA
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
PROOF OF
FINANCIAL
LIABILITY,FAIL TO
DISPLAY
REGISTRATION
PLATE,IMPROPER
USE OF LANES
20200608
E MARKET ST/1-INN
IOWA CITY,IA
EXPIRED
YES
NO
NO
19:51
ST
REGISTRATION
20200609
200 S CLINTON ST
IOWA CITY,IA
OWI
NO
YES
NO
0:09
20200609
E COURT ST/S
WHEATON,IL
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
A summary of traffic stops made proximal to demonstrations from 4pm to 2am May 30 to
June 9, 2020 is below (excludes June 71" from 2am to midnight and June 91" 2am to
midnight as there were no demonstrations):
2. Strong statement from ICPD in favor of protests including deprioritization of
law and order; and property damage. Instead a prioritization of police
accountability for racism while also addressing issues of systemic racism
and inequality.
-)PS -03.3
City Response: Interim Chief Bill Campbell's statement is available as part of the
June 2"' City Council meeting record. City Manager Geoff Fruin issued a statement
on June 10`". The City Council is able to make further statements and staff will work
to ensure that the goals of our elected leaders are carried out in our operations.
3. The FULL publication of the ICPD budget, and specifically on budget
spending.
City Response: The City budget can be viewed at https://www.icgov.org/budget.
The Police Department budget is featured on pages 184-197 of the Fiscal Year
2021 Proposed Budget. Each January, the Police Chief presents the budget to the
City Council and answers all related questions.
Staff has prepared a more detailed expenditure summary of the FY 21 Budget
attached as Exhibit B to this memo. In order to increase transparency on budget
authority, Council can direct staff to publish greater budget detail on the Police
Department website.
All City disbursements are published monthly and available upon request at the
City Clerk's Office.
4. Every Iowa City department should have at least 30% of its staff dedicated to
diversity and inclusion.
City Response: Below is a table showing Each City Department, total number of
permanent employees and the full-time equivalent of employees needed to be
added to achieve the 30%goal.
City DepartmentTotal
Full -Time
Current
FTE Increase
(FTE) Staff
30%
Achieve i
Goal
City Clerk's Office
4.0
5.2
1.2
City Attorney's
7.5
9.8
2.3
Office
City Manager's
4.0
5.2
1.2
Office
Communications
7.9
10.3
2.4
Human
3.0
3.9
0.9
Resources
Human Rights
2.0
2.6
0.6
Climate Action
2.0
2.6
0.6
and Outreach
Finance
33.9
44.1
10.2
Police
111.3
144.6
33.4
Fire
64.0
83.2
19.2
Parks and
Recreation
46.5
60.5
14.0
Library
46.4
60.3
13.9
Senior Center
5.8
7.5
1.7
Neighborhood and
Development
43.5
56.6
13.1
Services
3
OPS -03.4
Public Works
153.5
199.6
46.1
Transportation
Services
74.5
96.9
22.4
Airport
1.0
1.3
0.3
Total FTEs
610.8
183.2
5. Every institution and business must not only have but also is required to
implement an equity tool kit.
City Response: The city has been using a racial equity toolkit since 2016 and to
date 15 departments have completed training on the toolkit to review their policies,
procedures, services, and programs. Attached as Exhibit C is an update from
Stefanie Bowers, Human Rights Coordinator and Equity Director.
Under current state law the city does not have authority to pass a law requiring
private business to implement an equity toolkit.
6. A clear and sensible plan for affordable housing. If this is not met those
involved must have consequences.
City Response: The City Council is very familiar with the City's affordable housing
efforts over the last several years. Staff will continue to take direction from the City
Council regarding any new or expanded efforts. Accountability rests with the City
Council and City Manager.
7. Johnson County Sheriffs/ICPD may not enforce evictions.
City Response: Evictions are done pursuant to an order of the court and the
process is handled by the Johnson County Sheriff's Office. Iowa City Police only
assist if requested by the Sheriff in an emergency, which is extremely rare.
8. Iowa City provides funds for the Special Populations Involvement [SPI
program] (Iowa City Parks and Recreation Department)
City Response: The Special Populations Involvement (SPI) Program has been a
division of the Recreation Division for over 30 years with a long history of serving
persons with special needs, emphasizing programs for those with physical, mental,
or emotional disabilities. The programs primarily served adults with intellectual
disabilities living in group homes until a few years ago. The program has recently
de-emphasized Special Olympic travel team opportunities to focus on serving a
wider range of adults and children with disabilities. Typical programs include sport
skill development, independent living skills, social activities and seasonal special
events. A free, afternoon and evening teen summer program was added in 2015
and directed by the SPI Recreation Program Supervisor, RaQuishia Harrington.
The Recreation Division budget narrative and financial information for FY 21 is
available for review at www.icoov.oro/bud_qet, beginning on page 222. A summary
FY 21 budget for the SPI program is attached as Exhibit D to this memo.
9. The curfew must be lifted in Coralville.
OPS -03 .`
City Response: Coralville is an independent municipality that has its own governing
board. The City of Coralville Mayor lifted the citywide curfew on June 9m
10. A plan to restructure ICPD towards community policing similarly to what is
happening in Minneapolis, MN; Camden, NJ; and Los Angeles, CA.
City Response: Iowa City has initiated and participated in an increasing number of
community policing efforts over the last several years. Examples include the
addition of downtown liaison walking patrol assignments, neighborhood resource
officers, the addition of community outreach staff, leadership roles in the Housing
First homeless services effort, extensive participation in crisis intervention training,
active support of the Johnson County Access Center, designation of LGBTQ+
liaisons, investments into victim services with an emphasis on serving diverse
populations that experience domestic assault, and more. Many of these efforts
were highlighted in Interim Chief Bill Campbell's address to the City Council and
Iowa city community on June 2"'
The Iowa City Police Department and City Manager's Office remain committed to
expanding our community policing efforts and will actively take place in
conversations on how further steps in this direction can better serve all members of
our community.
11. Reforming the Iowa City Community Police Review Board [CPRB] so that it
has real power, including, but not limited to, the ability to subpoena officers.
The reformed CPRB must also have the ability to enact and enforce
measurable consequences when the board recommendations are not
followed or implemented.
City Response: Certain changes to the CPRB will require changes to state law;
others will not. Legal analysis of these issues has not been done for some time
and will be required. The CPRB only applies to incidents involving the Iowa City
Police Department and does not extend to situations involving any of the other six
law enforcement agencies in Johnson County.
12. ICPD divestment from and, removal of, military grade equipment and
contracts from the Federal government.
City Response: At Council's request, staff will prepare a letter from the Mayor to
Johnson County officials indicating support for divestment of the MRAP vehicle. An
analysis of other ICPD equipment and contracts with the federal government will
require further staff time.
5
II. 8 CAN'T WAIT
Require Use of Force Continuum
most severe types of force to the
OPS -03.6
Establish a Force Continuum that restricts the
most extreme situations and creates clear policy
restrictions on the use of each police weapon and tactic.
• ICPD has a use of force continuum — see explanation of model at Section VI of GO
and continuum at end of GO Exhibit A).
2. Requires Exhaust All Alternatives Before Shooting: Require officers to exhaust all
other alternatives, including non -force and less lethal force options, prior to
resorting to deadly force.
• Refer to ICPD Use of Force continuum in Exhibit A.
Section V.A.2.f (p. 4) requires officers to utilize a verbal warning before discharging
a weapon unless it would compromise the safety of the officer or others.
3. Require Comprehensive Reporting: Require officers to report each time they use
force or threaten to use force against civilians. Comprehensive reporting includes
requiring officers to report whenever they point a firearm at someone, in addition to
all other types of force.
• Section V.D.4.1 (p. 8) requires officer to complete a written report if a firearm is
discharged for any reason (except on the range or lawful hunting). The ICPD has a
Use of Force Review Committee that meets to review officers' use of force reports.
Attached to this memo as Exhibit E is the April 2020 summary of reports and memo
to the Chief.
Section V.D.4 (p 8) requires officer to complete a written report regarding any use
of force incident. This policy does not specifically include display of a weapon as a
person as a use of force but that is the practice and is included in the computerized
report template completed by officers.
Section VI.6 of GO 17.06 (p.11) requires a use of force report for "less lethal
projectiles" and Section VI.14 of GO 17.06 (p.16) requires a use of force report for
use of a taser and aiming the dot or arc display. GO 17.06 is attached as Exhibit F
to this memo.
4. Ban Chokeholds & Strangleholds: Allowing officers to choke or strangle civilians
results in the unnecessary death or serious injury of civilians. Both chokeholds and
all other neck restraints must be banned in all cases.
The department's use of force policy does not contain verbiage that specifically
prohibits using maneuvers that cutoff oxygen or blood flow, including chokeholds
or carotid restraints. On the flip side, it does not authorize such maneuvers. ICPD
does not train on such maneuvers. On the contrary, the training is to avoid the
throat/impacting breathing.
OPS -03.7
• Section VI.8.g. of GO 17-06 (p. 14) provides that officers shall use a restraint
technique that "does not impair respiration" following the use of a taser.
5. Require De-escalation: Require officers to de-escalate situations, where
possible, by communicating with subjects, maintaining distance, and
otherwise eliminating the need to use force.
• Section III.E (p. 2) defines de-escalation.
• Section III.F (p.2) defines de-escalation techniques (further detail is in Section VI.0
below).
• Section VI.0 (p. 11) requires officers to utilize de-escalation techniques if it is safe
to do so. This section provides examples and cautions officers to consider, when
time and circumstances permit, whether lack of compliance is due to medical
condition, language barrier, drug interaction, and other listed factors.
6. Duty To Intervene: Require officers to intervene and stop excessive force used by
other officers and report these incidents immediately to a supervisor.
• No GO specifically requires officers to intervene and stop excessive or
unnecessary force used by other officers and report these incidents immediately to
a supervisor.
• However, 315.05 of the department's rules and regulations read:
REPORTING VIOLATIONS OF LAWS OR ORDINANCES, DIRECTIVES OR
ORDERS: Members knowing or having reason to believe other members violating
laws, ordinances or departmental directives shall report same consistent with
departmental directives. If the member believes the information is of such gravity that it
must be brought to the immediate personal attention of the Chief of Police, official
channels maybe bypassed.
• A draft Memorandum of Understanding being reviewed by area law enforcement
agencies related to the Duty to Intervene is attached to this memo as Exhibit G.
7. Ban shooting at moving vehicles: Ban officers from shooting at moving vehicles in
all cases, which is regarded as a particularly dangerous and ineffective tactic. While
some departments may they restrict shooting at vehicles to particular situations,
these loopholes allow for police to continue killing in situations that are all too
common. 62 people were killed by police last year in these situations. This must be
categorically banned.
• Section V.A.2.g (p.5) prohibits shooting at a moving vehicle except in specific
situations.
8. Require Warning Before Shooting: Require officers to give a verbal warning in all
situations before using deadly force.
• Section V.A.2.e (p.4) prohibits warning shots.
7
OPS -03.8
• Section V.A.2.f (p.4) requires officers to utilize a verbal warning before
discharging a weapon unless it would compromise the safety of the officer or
others.
• The department does not have any verbiage requiring an officer to provide a
verbal warning prior to using OC or other chemical agents.
• Section VI.8.d. of GO 17-06 (p. 13) requires a verbal warning before tasing
unless to do so would place any person at risk.
OPS -03.9
III. OBAMA FOUNDATION COMMIT TO ACTION
1. Failing to require officers to de-escalate situations, where possible, through
communication, maintaining distance, slowing things down, and otherwise
eliminating the need to use force.
• Section III.E (p. 2) defines de-escalation.
• Section III.F (p. 2) defines de-escalation techniques (further detail is in Section VI.0
below).
• Section WC (p. 11) requires officers to utilize de-escalation techniques if it is safe
to do so. This section provides examples and cautions officers to consider, when
time and circumstances permit, whether lack of compliance is due to medical
condition, language barrier, drug interaction, and other listed factors.
Prohibiting officers from using maneuvers that cut off oxygen or blood flow,
including chokeholds or carotid restraints, which often result in unnecessary death
or serious injury.
The department's use of force policy does not contain verbiage that specifically
prohibits using maneuvers that cut off oxygen or blood flow, including chokeholds
or carotid restraints. On the flip side, it does not authorize such maneuvers. ICPD
does not train on the use of such maneuvers On the contrary, the training is to
avoid the throat/impacting breathing.]
• Section VI.8.g. of GO 17-06 (p. 14) provides that officers shall use a restraint
technique that "does not impair respiration" following the use of a taser.
3. Failing to require officers to intervene and stop excessive or unnecessary force used
by other officers and report these incidents immediately to a supervisor.
• No GO specifically requires officers to intervene and stop excessive or
unnecessary force used by other officers and report these incidents immediately to
a supervisor.
• However, Section 315.05 of the department's rules and regulations read:
REPORTING VIOLATIONS OF LAWS OR ORDINANCES, DIRECTIVES OR
ORDERS: Members knowing or having reason to believe other members violating
laws, ordinances or departmental directives shall report same consistent with
departmental directives. If the member believes the information is of such gravity that it
must be brought to the immediate personal attention of the Chief of Police, official
channels maybe bypassed.
5. Failing to restrict officers from shooting at moving vehicles, which is regarded as a
particularly dangerous and ineffective tactic.
• Section V.A.2.g (p. 5) prohibits shooting at a moving vehicle except in
specific situations.
6. Failing to limit the types of force and/or weapons that can be used to respond to
specific types of resistance and specific characteristics such as age, size, or
disability.
0 Refer to ICPD Use of Force continuum in Exhibit A.
OPS -03.10
Failing to require officers to exhaust all other reasonable means before resorting to
deadly force.
• Refer to ICPD Use of Force continuum in Exhibit A.
8. Failing to require officers to give a verbal warning, when possible, before using
serious force such as shooting, tasing, or pepper spraying someone.
• Section V.A.2.e (p.4) prohibits warning shots.
• Section V.A.2.f (p.4) requires officers to utilize a verbal warning before discharging
a weapon unless it would compromise the safety of the officer or others.
• The department does not have any verbiage requiring an officer to provide a verbal
warning prior to using OC or other chemical agents.
• Section VI.8.d. of GO 17-06 (p. 13) requires a verbal warning before tasing unless
to do so would place any person at risk.
9. Failing to require officers to report each time they use force or threaten to use force
(e.g., pointing a gun at a person).
• Section V.D.4.1 (p. 8) requires officer to complete a written report if a firearm is
discharged for any reason (except on the range or lawful hunting).
Section V.D.4 (p 8) requires officer to complete a written report regarding any use
of force incident. This policy does not specifically include display of a weapon at a
person as a use of force but that is the practice and is included in the computerized
report template completed by officers.
Section VI.6 of GO 17.06 (p.11) requires a use of force report for "less lethal
projectiles" and Section VI.14 of GO 17.06 (p.16) requires a use of force report for
use of a taser and aiming the dot or arc display.
10
OPS -03.11
IV. ADDITIONAL INFORMATION
POLICE OFFICER QUALIFICATIONS
Attached to this memo as Exhibit H is the most recent (2018) candidate recruitment information
packet for the position of Police Officer. Included in the job summary is a statement requiring
"... the ability to work with a diverse community and build relationships with the communities
served; problem solve with the utmost respect for human rights and dignity...". The nine month
probation period post -academy, or hire date if already a certified peace officer, is used to evaluate
if the new hire has the ability to meet our local service expectations.
The background check portion of the hiring process is used to identify any past personal or
professional misconduct. Those with past police misconduct are not hired into the Iowa City Police
Department, however that expectation is not necessarily communicated to candidates upfront in
this packet. With Council direction, we can be explicit in our future candidate recruitment
documents that past misconduct in another law enforcement agency will be a disqualifier.
.der �� 41��sY1�W_1�U7167Is] ��7��_1:iI��d���9���d��s]I���]���dsZe3:L'1�.1[:
The City Council requested an overview of the demographics of our workforce including a
breakdown of Police Department employees. Workforce demographics have been reported to
Council annually through the City Manager's performance evaluation process since 2017. In
addition, workforce demographics were highlighted in a January 2020 Racial Equity Report Card
released by the Human Rights Office. That scorecard indicated that since 2014 the number of
White employees has decreased sixteen percent while the number of Black or African-American
employees increased by ten percent.
A ten-year trend chart and comparisons to the 2010 Census are provided as Exhibit I, attached to
this memo. Non-union police department employee demographic information is only available for
the last three years.
WETHERBY PARK HISTORY
Historical Information about Isaac A. Wetherby, and City Council proceedings naming the park are
attached as Exhibit J. Also attached as Exhibit K is the City Naming Policy that provides for
approval by an ad hoc committee consisting of the City Manager, the relevant Department Director
and a member of the relevant City -affiliated Foundation (Parks and Recreation Foundation). If
Council chose to bypass the ad hoc committee it could do so by eliminating that requirement in the
resolution renaming the park.
PUBLIC ART AND FESTIVAL OPPORTUNITIES
The City Council can task the Public Art Advisory Committee to work with a group on public or
private space for artistic expression. As a reminder, the City Council doubled public art funding in
the FY 20 Budget. Those extra resources, combined with the FY 21 Budget allocation could assist
in getting a project off the ground quickly. The Iowa City Downtown District has also expressed a
willingness to be a partner in a project.
The City is also willing to engage in planning discussions for new or revised festivals. Currently,
the City partners with Summer of the Arts (SOTA) for our larger community festivals and special
events. SOTA is an independent organization with its own governing board. However, the City is
a lead financial contributor at $67,000 per year and can work with their board as the Council
11
OPS -03.12
directs. Alternatively, staff can be directed to work on independent concept outside of the existing
SOTA framework.
12
EXHIBIT A
USE OF
FORCE
Original Date of Issue General Order Number
April 28, 2001 99-05
Effective Date of Reissue Section Code
October 23, 2019 1 OPS -03
Reevaluation Date Amends
October 2020
C.A.L. E.A. Reference
1.3.1 — 1.3.8, 1.3.13 (see "INDEX AS")
INDEX AS:
x Use of Force
x Reporting
x Significant Force
x Investigation
x Use of Force Model
x Canine
x Arrests
x Warning Shots
OPS -03.1
I. PURPOSE
The purpose of this policy is to provide members of the Iowa City Police Department
with guidelines on the use of deadly and non -deadly force.
II. POLICY
The Iowa City Police Department recognizes and respects the value and special
integrity of each human life. In investing officers with the lawful authority to use force to
protect the public welfare, a careful balancing of all human interests is required.
Therefore, it is the policy of the Iowa City Police Department that police officers shall
use only that force that is reasonable and necessary to accomplish lawful objectives
and effectively bring an incident under control, while protecting the lives of the officers
and others.
1
OPS -03.2
III. DEFINITIONS
A. Deadly Force (Section 704.2, Code of Iowa) — For the purpose of this
policy, shall mean any of the following:
1. Force used for the purpose of causing serious injury.
2. Force which the actor knows, or reasonably should know, will
create a strong probability that serious injury will result.
3. The discharge of a firearm, in the direction of some person with the
knowledge of the person's presence there, even though no intent to
inflict serious physical injury can be shown.
4. The discharge of a firearm, at a vehicle in which a person is known
to be.
B. Serious Injury (Section 702.18 Code of Iowa) — Means 1. disabling mental
illness; or 2. bodily injury which creates a substantial risk of death or which
causes serious permanent disfigurement, or protracted loss or impairment
of the function of any bodily member or organ.
C. Use of Force — Any contact applied by an officer that significantly restricts
or alters the actions of another and/or compels compliance with the
demands or instructions of the officer. This includes the use of restraint
devices such as handcuffs.
D. Verbal Commands/Directives — Verbal communication by an officer
directing someone to perform or not to perform an act: e.g. "Stop", "Don't
move", "Put your hands up", or "Get on the ground".
E. De-escalation - Taking action to stabilize a situation and reduce the
immediacy of a threat so that more time, options, and resources are
available to resolve the situation. The goal of de-escalation is to gain the
voluntary compliance of subjects, when feasible, and thereby reduce or
eliminate the necessity to use physical force.
F. De-escalation Techniques - Actions used by members of the department,
that seek to minimize the likelihood of the need to use force during an
incident and increase the likelihood of gaining voluntary compliance from a
subject. Note that these techniques should only be employed when it is
safe to do so.
IV. THE REASONABLENESS OF THE USE OF FORCE
The use of force is analyzed under the Fourth Amendment. "The right to be free
from excessive force is included under the Fourth Amendment's prohibition
against unreasonable seizure of the person." Andrews v. Fuoss, 417 F.3d 813,
PA
OPS -03.3
818 (8th Cir. 2005). On the other hand, "the right to make an arrest or
investigatory stop necessarily carries with it the right to use some degree of
physical coercion or threat thereof to effect it." Graham v. Connor, 109 S.Ct.
1865, 1872 (1989).
A. Reasonable Officer: Objective Standard
1. "The 'Reasonableness' of a particular use of force must be judged from the
perspective of a reasonable officer on the scene rather than with the 20/20
vision of hindsight." Graham v. Connor, 109 S.Ct. 1865, 1872 (1989).
2. "Reasonableness" also takes into account that police officers make
judgments in a split second under circumstances that are "tense, uncertain,
and rapidly evolving - about the amount of force that is necessary in a
particular situation." Graham v. Connor, 109 S.Ct. 1865, 1872 (1989).
3. Reasonableness is "not capable of precise definition or mechanical
application." Bell v. Wolfish, 441 U.S. 520, 559 (1979). Reasonableness is
determined by the totality of circumstances, which include the "severity of the
crime at issue, whether the suspect poses an immediate threat to the safety
of the officers or others, and whether he is actively resisting arrest or
attempting to evade arrest by flight." Graham v. Connor, 109 S.Ct. 1865,
1872 (1989).
B. The Code of Iowa authorizes the use of force in making an arrest and
preventing an escape.
1. Section 804.8 Use of force by peace officer making an arrest.
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 is only justified when a person cannot be
captured any other way and either:
a. The person has used or threatened to use deadly force in
committing a felony, or
b. The peace officer reasonably believes the person would use deadly
force against any person unless immediately apprehended.
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.
2. Section 804.13 Use of force in preventing an escape.
A peace officer or other person who has an arrested person in custody is
justified in the use of such force to prevent the escape of the arrested person
3
OPS -03.4
from custody as the officer or other person would be justified in using if the
officer or other person were arresting such person.
V. PROCEDURES
A. DEADLY FORCE
1. Purpose of statement
a. To delineate the Department's policy regarding the use of deadly
force.
b. To establish policies under which the use of deadly force is
permissible.
2. Policy
a. Officers of the Iowa City Police Department may use deadly force
to stop or incapacitate an assailant to prevent serious bodily injury
or death. For this purpose and to minimize danger to innocent
bystanders, the officer should shoot at the center body mass,
whenever possible.
b. An officer may use deadly force to protect him/her or others from
what he/she reasonably believes to be an imminent threat of death
or serious injury.
c. An officer may use deadly force to effect the capture or prevent
escape if:
i. The person used or threatened to use deadly force in
committing a felony, and
ii. The peace officer reasonably believes the person would use
deadly force against a person unless immediately
apprehended.
d. Provided the criteria for paragraph 2(a), 2(b) or 2(c) have been
satisfied, no distinction shall be made relative to the age of the
intended target.
e. Warning shots by officers of the Iowa City Police Department are
prohibited.
f. A verbal warning shall be utilized prior to an officer discharging a
weapon unless it would compromise the safety of the officer or
others.
El
OPS -03.5
g. Shooting at or from a moving vehicle is prohibited, except under the
following circumstances:
i. When the occupant of the vehicle is utilizing deadly force
against the police officer or other persons.
ii. As a last resort to prevent death or serious injury to officers or
other persons.
iii. As a last resort to apprehend a person who has just committed
a felony resulting in death or serious injury.
iv. The discharge of firearms shall not be utilized when
circumstances do not provide a high probability of striking an
intended target or when there is substantial risk to the safety
of other persons, including the risk of causing vehicle
accidents.
3. Injuries resulting from use of force.
a. Officers shall render appropriate first aid to any person injured or
complaining of pain following the use of force.
b. EMS will be summoned to the scene to ensure delivery of
appropriate medical treatment when:
i. Requested by the subject(s) involved.
ii. The extent of an injury is unknown or not visible.
iii. The nature or extent of the injury dictates.
c. Officers shall err on the side of caution, requesting EMS to respond
to the scene if in doubt about the existence or extent of an injury.
4. Surrender of firearm.
When officers discharge a firearm that results in personal injury or death
to any person, the officer or employee shall surrender that firearm to
his/her supervisor or a higher authority consistent with departmental
directives. Firearms involved in police shooting incidents shall not be
unloaded, cleaned, nor in any way altered from the condition
immediately following discharge other than to make the weapon safe for
transport.
a. When more than one officer or weapon has been involved in a
shooting situation resulting in any injury or death, the involved
weapons must be surrendered to the commanding officer in
accordance with departmental directives.
OPS -03.6
b. The commanding officer receiving such firearm or firearms shall
immediately secure and document the same as evidence.
B. LESS LETHAL FORCE
1. Where deadly force is not authorized under this policy, officers should
assess the incident in order to determine which less lethal technique will
best de-escalate the incident and bring it under control in a safe manner.
Officers shall use no more force than is reasonably necessary to gain
control of an individual or situation. Officers are authorized to use force
consistent with the Use of Force model.
2. An officer shall use no more force than that officer reasonably feels is
necessary in the performance of their official duties. Use of force by an
officer is justified in, but not limited to, the following situations:
a. To protect the officer or others from physical harm.
b. To control an arrestee or a potentially violent person
c. To restrain or subdue a resistant individual. Approved restraint
devices are handcuffs (hinged and chain style), flex -cuffs and nylon
leg restraints.
d. To bring an unlawful situation safely and effectively under control.
3. Officers shall offer medical treatment to any non -combative person who
has been exposed to a chemical irritant / OC spray. Officers shall
decontaminate a person exposed to a chemical irritant and continue to
monitor the condition of that person until they are no longer in the
custody of the officer.
C. NOTIFICATIONS
1. Any officer who discharges a firearm in the course of their duty, shall
immediately contact his/her supervisor. (This does not apply to animal
euthanasia where supervisory permission to discharge the weapon must
be sought prior to the destruction of the animal (see section B in
"REPORTING USE OF FORCE INCIDENTS") or training situations) If
this is not practical, the officer shall contact the on -duty patrol supervisor.
The notified supervisor shall then contact the following individuals:
a. The involved officer's Division Commander.
i. It shall be the Division Commander's responsibility to notify the
Chief of Police.
ii. If the Division Commander cannot be notified, a watch
supervisor shall notify the Chief of Police.
M
OPS -03.7
b. The County Attorney of the county in which the incident occurred.
c. The City Attorney.
d. The City Manager.
e. The Criminal Investigation Commander or his/her designee.
f. Other as Required by the Mandatory Call Matrix
2. The on -duty watch supervisor shall be immediately notified or
summoned to the scene of any incident where use of force results in a
physical injury.
3. The on -duty watch supervisor shall be immediately notified when a
chemical irritant/ OC spray is utilized.
4. The on -duty watch supervisor shall be immediately notified when a
conducted energy device is discharged.
D. REPORTING USE OF FORCE INCIDENTS
1. Discharge of Firearms — report required.
Any officer who discharges a firearm for any reason or purpose other
than those exceptions listed in this section, shall make a written report to
his/her immediate supervisor as soon as circumstances permit. This
written report will then be forwarded through the chain of command to
the Chief of Police for review. Exceptions to the requirement of a written
report apply to the following circumstances in which no accident or injury
results:
a. The discharge of firearms on firearm ranges or in an area for
firearms practice.
b. Sporting events to include lawful hunting and organized shooting
matches.
2. When, in accordance with applicable law, it becomes necessary for an
officer to discharge a firearm to destroy an animal which presents a
danger or is seriously injured or ill, the officer will, prior to discharging the
firearm, request permission to do so from the on -duty supervisor. If such
action must be immediately taken in order to protect the officer's or
another person's safety, the officer need not delay action in order to
request this permission. In this circumstance, however, the Watch
Supervisor must be notified immediately after the firearm is used. A Use
of Force report is required.
3. Administrative Review Committee.
7
OPS -03.8
a. Use of force incidents shall be reviewed by a committee consisting
of a minimum of three sworn personnel.
i. The committee should consist of two supervisors as
designated by the Chief of Police and one officer -preferably a
use of force instructor. To provide differing perspectives, the
Chief of Police may appoint multiple committees that alternate
review responsibilities.
ii. This group should, at a minimum, meet every month to review
the Use of Force Reports from the previous month.
iii. The purpose of this committee shall be to review all facts and
reports concerning use of force incidents to determine whether
policy, training, equipment, or disciplinary issues should be
addressed. This committee will make recommendations on
these matters to the Chief of Police.
b. All non-use of force firearms discharges (e.g. accidental/negligent
discharge), with the exception of the destruction of animals which are
reviewed by the Use of Force Committee, shall be reviewed in a
manner consistent with General Order 99-06: Internal Affairs
Investigations as assigned by a Division Commander.
i. At a minimum, this will consist of a Report of Inquiry and
supervisory review.
ii. The Division Commander and the Training and Accreditation
Sergeant will review the investigation and findings to identify
any training recommendations which are necessary, and/or
any need for policy changes. Recommendations on these
matters will be forwarded to the Chief of Police.
4. Use of Force Reports.
a. A Use of Force Report with a written narrative regarding any use of
force incident will be submitted in addition to any incident report.
The report(s) shall contain the following information:
i. Arrestee/suspect information.
ii. Incident number(s), date and time of incident, and reporting
officer.
iii. Description of actual resistance encountered.
iv. All required fields completed in Use of Force report.
0
OPS -03.9
v. The force used by the officer to overcome the resistance and
the specific weapon or technique used.
vi. A description of any alleged or actual injuries to either the
officer or suspect.
vii. Pictures taken of any injuries to either the officer or suspect.
viii. Exposure to Chemical Irritant / OC spray will additionally
require the documentation of medical treatment being offered,
supervisor notification, and decontamination procedures.
ix. A Conducted Energy Device deployment will additionally
require the documentation of medical treatment, if medical
treatment is refused by the suspect, supervisor notification,
and the number of cycles/applications used.
b. When the only use of force is the application of handcuffs, double
locked, no use of force report is necessary. The application of
handcuffs, double locked will be documented on a written complaint
or citation or in the body of an incident report.
c. A supervisor of the reporting person shall review the report for
adherence to Department policy and procedure and document their
conclusions.
d. All reports concerning use of force shall be forwarded to the
Sergeant of Planning/Research.
e. The Captain of Field Operations and Chief of Police shall review all
use of force reports where any participant is injured during the use
of force and/or where a deadly force option has been utilized
(excludes display of a weapon).
5. Executive Review.
At a minimum, the Chief of Police and/or designee will conduct a
documented analysis of all reports and incidents of force annually. An
analysis of reports and incidents of force could reveal patterns or trends
that indicate training needs, equipment upgrades and/or policy
modifications.
E. INVESTIGATION OF USE OF FORCE RESULTING IN DEATH OR
SERIOUS INJURY
1. When any member of the police department is involved in an incident
resulting in death or serious injury, a thorough and objective
investigation of facts and circumstances will be initiated as soon as
0
OPS -03.10
practical by the Chief of Police's designees and completed as soon as
practical.
2. The Chief of Police or his/her designee shall decide whether the DCI
and/or any other outside agency shall be called to assist in the
investigation.
3. If an incident resulting in death or serious injury which involves a sworn
Iowa City police officer occurs in another police jurisdiction, the officer
shall cooperate with that jurisdiction, as set forth in Iowa City Police
Department directives.
4. The on -duty watch commander/supervisor shall ensure that appropriate
case reports are initiated and that potential evidence is preserved.
5. The officer(s) or employee involved in the death or serious injury shall be
relieved of field duty without the loss of pay or benefits, pending the
results of the departmental investigation. Other officers or employees
involved in the incident also may be relieved of field duty without loss of
pay or benefits at the discretion of the Chief of Police, while the
investigation is pending:
a. The officer or employee shall be available at all times for official
interviews and statements regarding the case, and shall be subject
to recall to duty at any time. The officer or employee must receive
permission from the Chief of Police, or from their Division
Commander, prior to leaving the area. If such permission is given,
the officer or employee shall supply the phone number(s) of his/her
location and duration of the absence.
b. The officer or employee will not discuss the case with anyone
except the prosecuting attorney and/or persons designated by the
Chief of Police or their designee. This does not prohibit the officer
or employee from discussions with his/her attorney. If the officer or
employee may be the subject of internal review or criminal charges,
his/her constitutional rights and administrative protections will be
maintained. The officer or employee will attend post-traumatic
stress counseling at the discretion of the Chief of Police.
c. At the discretion of the Chief of Police, the officer or employee may
be returned to duty upon departmental receipt of notification from
the counselor or mental health professional indicating the officer's
fitness for duty.
6. The investigation and administrative leave policy outlined herein is not
intended to imply or indicate the officer or employee has acted
improperly, but is designed to safeguard the officer or employee and the
Department.
10
OPS -03.11
7. The Chief of Police may appoint one or more individuals to conduct a
separate yet parallel (administrative) investigation into a use of force
incident to ensure all personnel followed departmental policies and
guidelines.
VI. USE OF FORCE MODEL
A. Police officers are given the unique right to use force, even deadly
force, against others for legitimate law enforcement purposes. The right
to use force carries with it an obligation to use that force in a responsible
manner. Police agencies have an obligation to provide their employees
with the policies, training, and tools necessary to accomplish their
mission. Selection of a use of force response from the options articulated
in this model will be based on: the skills, knowledge, and ability of the
officer; the perceived threat and amount of resistance offered by a
subject; and consideration of the situational framework. A defined Use of
Force Model will enhance the department's ability to manage the use of
force and will benefit the officer by providing guidance, resources, and
options.
B. Officers of the Iowa City Police Department shall follow the principles of
the Use of Force Model. The model describes an escalation of force,
which is based on a reasonable officer's perception of threat or
resistance. As a subject's resistance escalates, more force options
become available to the officer. When resistance stops, the officer must
de-escalate, but only after control (e.g. handcuffing) is accomplished.
Officers of the Iowa City Police Department must generally employ the
tools, tactics, and timing of force utilization consistent with the Model's
proscription and training protocols. Due to the fact that officer/member of
the public confrontations occur in environments that are potentially
unpredictable, "tense, uncertain, and rapidly evolving" (Graham v.
Connor, 109 S.Ct. 1865, 1872 (1989)) the officer may utilize tools,
tactics, and timing outside the parameters of the Model. However, these
applications of force must meet the same test of reasonableness as
those which have been previously identified and approved by the
Department.
C. When safe under the totality of the circumstances and if time and
circumstances permit, members of the department shall use de-
escalation techniques in order to reduce the need for force.
De-escalation techniques are actions used by members of the department
that seek to minimize the likelihood of the need to use force during an
incident and increase the likelihood of gaining voluntary compliance from a
subject. Note that these techniques should only be employed when it is
safe to do so.
11
OPS -03.12
When safe and feasible under the totality of circumstances, members of
the department shall attempt to slow down or stabilize the situation so that
more time, options and resources are available for incident resolution.
When time and circumstances reasonably permit, members of the
department shall consider whether a subject's lack of compliance is a
deliberate attempt to resist or an inability to comply based on factors
including, but not limited to:
Medical conditions
Mental impairment
Development disability
Physical limitation
Language Barrier
Drug Interaction
Behavioral Crisis
An officer's awareness of these possibilities, when time and
circumstances reasonably permit, shall then be balanced against the facts
of the incident facing the officer when deciding which tactical options are
the most appropriate to bring the situation to a safe resolution.
Mitigating the immediacy of threat gives officers of the department time to
utilize extra resources, and increases time available to call more officers
or specialty units.
The number of officers on scene may increase the available force options
and may increase the ability to reduce the overall force used.
Other examples include:
Placing barriers between an uncooperative subject and an officer
Containing a threat
Moving from a position that exposes officers to potential threats to a
safer position
Decreasing the exposure to potential threat by using
- Distance
- Cover
- Concealment
Communicating from a safe position intended to gain the subject's
compliance, using:
- Verbal persuasion
- Advisements
- Warnings
12
OPS -03.13
Avoiding physical confrontation, unless immediately necessary (for
example, to protect someone, or stop dangerous behavior)
Using verbal de-escalation techniques to generate cooperation and gain
voluntary compliance.
Calling extra resources to assist or officers to assist:
- More officers
- CIT officers
- Officers equipped with less -lethal tools
- Supervisors.
Using any other tactics and approaches that attempt to achieve
gaining the compliance of the subject.
D. Reasonable officer's perception/Reasonable officer's response (see
attached matrix)
VII. CIVILIAN OFFICERS (COMMUNITY SERVICE AND ANIMAL
CONTROL OFFICERS)
A. Community Service Officers assigned to the road and Animal Control Officers
shall carry chemical irritants (OC) under this policy for the sole purpose of
self-defense from persons or from animals.
B. When dealing with upset persons, civilian officers must first attempt to
deescalate the situation, if it is reasonable to do so, by backing away from the
situation to a place of safety (vehicle or other barrier) and calling for a sworn
officer to come to the scene. If after attempting to deescalate the situation, the
civilian officer reasonably believes that they are going to be assaulted, the
officer may deploy their chemical irritant in a manner consistent with training.
C. When dealing with aggressive animals, civilian officers should try backing
away from the situation to a place of safety (vehicle or other barrier) and call
for a sworn officer to come to the scene to assist. If the civilian officer is
unable to make it to a place of safety and they reasonably believe that they
may be attacked, the officer may deploy their chemical irritant at the animal in
a manner consistent with training.
D. Civilian officers that deploy chemical agents at a person are subject to all
reporting requirements set forth in this policy. Additionally, they are
responsible to immediately contact the on duty Watch supervisor as well as
summoning medical personnel to the scene for any injuries.
E. Civilian officers that deploy chemical agents at an animal shall notify their
supervisor to make them aware that a chemical agent was deployed as well
as the circumstances involved.
13
OPS -03.14
F. When dealing with persons, a civilian officer will be held to the "Reasonable
officer's perception/Reasonable officer's response" standard. (see level four
and five in the attached matrix)
VIII. PREREQUISITES TO CARRYING LETHAL / LESS LETHAL
WEAPONS
All personnel authorized to carry weapons intended for use of force
application must receive training on their use from the perspectives of
practical application and organizational policy. Instruction should include
confirmation of employee understanding of legal implications and
requirements, weapon specific operating and care procedures,
documentation and reporting procedures, and obligations following the
use of force.
IX. FBI NATIONAL USE of FORCE DATA COLLECTION
The Department voluntarily participates in the FBI National Use of Force Data
Collection. The sergeant of planning and research shall track the following use of
force incidents:
When a fatality to a person occurs connected to a use of force by an Iowa
City police officer.
When there is serious bodily injury to a person connected to a use of force
by an Iowa City police officer. For this section the definition of serious
bodily injury will be based, in part, upon Title 18, United States Code,
Section 2246 (4). The term "serious bodily injury" means "bodily injury that
involves a substantial risk of death, unconsciousness, protracted and
obvious disfigurement, or protracted loss or impairment of the function of a
bodily member, organ, or mental faculty."
In the absence of either death or serious bodily injury, when a firearm is
discharged by an Iowa City police officer at or in the direction of a person.
When an incident meeting the above criteria is met the sergeant of planning and
research shall report the following information to the FBI:
Incident Information
Date and time of the incident
Total number of officers who applied actual force during the incident
Number of officers from the Iowa City Police Department who applied
actual force during the incident
Location of the incident (address or latitude/longitude)
14
OPS -03.15
Location type of the incident (street, business, residence, restaurant,
school, etc.)
Did the officer(s) approach the subject(s)?
Was it an ambush incident?
Was a supervisor or a senior officer acting in a supervisory capacity
present or consulted at any point during the incident?
What was the reason for initial contact between the subject and the officer
(response to unlawful or suspicious activity, routine patrol, traffic stop,
etc.)?
If the initial contact was due to "unlawful or criminal activity," what were
the most serious reported offenses committed by the subject prior to or at
the time of the incident?
If applicable, the National Incident -Based Reporting System or local
incident number of the report detailing criminal incident information on the
subject and/or assault or homicide of a law enforcement officer
If the incident involved multiple law enforcement agencies, the case
numbers for the local use -of -force reports at the other agencies
Subject Information
Age, sex, race, ethnicity, height, and weight
Injury/death of subject(s) (gunshot wound, apparent broken bones,
unconsciousness, etc.)
Type(s) of force used connected to serious bodily injury or death (firearm,
electronic control weapon, explosive device, blunt instrument, etc.)
Did the subject(s) resist?
Was the threat by the subject(s) directed to the officer or to another party?
Type(s) of subject resistance/weapon involvement (threatened officer,
threatened others, threatened self, active aggression, firearm, attempt to
flee, etc.)
Was there an apparent or known impairment in the physical condition of
subject? If yes, indicate which (mental health/alcohol/drugs/unknown)
At any time during the incident, was the subject(s) armed or believed to be
armed with a weapon?
15
OPS -03.16
16TIM- 111 • u=36
Age, sex, race, ethnicity, height, and weight
Years of service as a law enforcement officer (total tenure, number of
years)
At the time of the incident, was the officer a full-time employee?
Was the officer readily identifiable?
Was the officer on duty at the time of the incident?
Did the officer discharge a firearm?
Was the officer injured?
What was the officer's injury type (gunshot wound, apparent broken
bones, severe laceration, unconsciousness, etc.)
Jody Matherly, Chief of Police
WARNING
This directive is for departmental use only and does not apply in any criminal or civil
proceeding. The department policy should not be construed as a creation of higher
legal standard of safety or care in an evidentiary sense with respect to third -party
claims. Violations of this directive will only form the basis for departmental
administrative sanctions.
16
LEVEL ONE
Perception - Subject is compliant
OPS -03.17
Response - Cooperative controls (includes: mental preparation, spatial positioning,
communications skills, handcuffing positions and techniques, searching techniques,
arrest and transport controls)
COOPERATIVE
-O
USE OF FORCE MODEL - FUNCTIONAL PROFILE
COMPLIANT: LEVEL 1
COOPERATIVE CONTROLS
>
PERCEPTION SKILLS
MENTAL PREPARATION
>
RISKASSESSMENT
>
SURVIVAL ORIENTATION
>
OFFICER STANCE
SPATIAL POSITIONING
>
BODY LANGUAGE
>
RELATIVE POSITIONING
VERBAL
- VERBAL COMMANDS/DIRECTIVES
COMMUNICATION SKILLS
>
- VERBAL DE-ESCALATION
TECHNIQUES
>
NON-VERBAL
>
WALL
>
STANDING
HANDCUFFING POSITIONS
>
PRONE
>
KNEELING
HANDCUFFING TECHNIQUE
>
CONTROLLED
>
WALL
>
STANDING
SEARCHING TECHNIQUES
>
PRONE
>
KNEELING
>
OPPOSITE SEX
SPECIALIZED TECHNIQUES
>
FRISK
>
STRIP
>
SINGLEOFFICER
ARREST TECHNIQUES
>
MULTIPLE OFFICERS
>
SINGLEOFFICER>
ESCORT CONTROLS
MULTIPLE OFFICERS
>
SINGLEOFFICER
TRANSPORT CONTROLS
>
MULTIPLE OFFICERS
17
OPS -03.18
LEVEL TWO
Perception — Subject is passively resistant
Response — Contact controls (includes: contact controls, conflict management
techniques, M mass formation arrest techniques— multiple officer lifts,
stretchers, wheelchairs etc.)
CONTACT CONTROLS
USE OF FORCE MODEL -FUNCTIONAL PROFILE
RESISTIVE (Passive): LEVEL 2 CONTACT CONTROLS
FORCE OPTIONS also includes all options from lower Levels
> VERBAL
COMMUNICATION SKILLS - VERBAL DIRECTIVES
- VERBAL DE-ESCALATION TECHNIQUES
> NON-VERBAL
> ARM
CONTACT CONTROLS > WRIST
> HAND
> ESCORT TECHNIQUES
ARREST TECHNIQUES > TRANSPORT TECHNIQUES
> MASS FORMATION
18
LEVEL THREE
Perception — Subject is actively resistant
Response — Compliance techniques (includes
manipulation, nerve compression, chemical irritants,
devices for fleeing vehicle incidents)
OPS -03.19
neuromuscular controls, joint
e.g. OC spray, controlled stopping
COMPLIANCE TECHNIQUES
USE OF FORCE MODEL - FUNCTIONAL PROFILE
RESISTANT (Active): LEVEL 3 COMPLIANCE TECHNIQUES
FORCE OPTIONS also includes all options from lower Levels
> NERVE COMPRESSION TECHNIQUES
> CHEMICAL IRRITANTS, CROWD CONTROL
C'nMPI IANC'F C'nNTRnI R CHEMICAL MUNITIONS
> CONTROLTACTICS
> HEAD
NERVE COMPRESSION TECHNIQUES: > NECK
NEURO -MUSCULAR CONTROLS > ARM
> LEG
> WRIST ROTATION
CONTROL TACTICS > ELBOW LEVERAGE
BICYCLE > TAKE DOWN TECHNIQUES
VEHICLE PURSUIT TACTICS > COMMUNICATIONS/ASSESSMENT SKILLS
> PACING/TRAILINGTECHNIQUES
19
OPS -03.20
LEVELFOUR
Perception — Subject is physically assaultive and may cause bodily injury
Response — Defensive tactics (includes: personal weapon defense, e.g. hands, knees,
feet, active countermeasures, etc.; impact weapons, e.g. ASP, weapon retention
techniques, conducted energy devices)
'Deployment of canine for apprehension/protection shall be preceded by actions of
suspect which are consistent with Level 4 (Assaultive — Potential Bodily Harm) behavior.
The exception to this is the deployment of canine for building searches or related
circumstances, where the suspect actions are not known. In this circumstance
procedures spelled out in the "Canine Operations" General Order (99-04) shall be
followed.
20
USE OF FORCE MODEL - FUNCTIONAL
PROFILE
ASSAULTIVE Potential Bodily Harm): LEVEL 4
DEFENSIVE TACTICS
FORCE OPTIONS also includes all options
from lower Levels
>
HEAD
>
HANDS
PERSONAL WEAPON DEFENSES
>
ELBOWS
>
FEET
>
KNEES
IMPACT WEAPONS (ASP)
>
STRIKES
>
IMPACT PROJECTILES
>
CANINE OPERATIONS
LESS LETHAL WEAPONS
>
CONDUCTED ENERGY
DEVICES
>
OTHER OPTIONS
>
FRONT
WEAPON RETENTION TECHNIQUES (Less Lethal)
>
REAR
>
SIDE
OTHER WEAPONS
>
CONTROL / APPREHENSION
CANINE"
TECHNIQUES
'Deployment of canine for apprehension/protection shall be preceded by actions of
suspect which are consistent with Level 4 (Assaultive — Potential Bodily Harm) behavior.
The exception to this is the deployment of canine for building searches or related
circumstances, where the suspect actions are not known. In this circumstance
procedures spelled out in the "Canine Operations" General Order (99-04) shall be
followed.
20
LEVEL FIVE
Perception - Subject is assaultive and likely to cause SERIOUS bodily injury or
death
Response- Deadly force (includes: weapon/weapons attack defense, lethal
force utilization with service/supplemental weapons, forcible stopping
techniques for assault with vehicle incidents)
USE OF FORCE MODEL - FUNCTIONAL PROFILE
ASSAULTIVE (Serious Bodily Harm/Death): LEVEL 5 DEADLY FORCE
FORCE OPTIONS also includes all options from lower Levels
> WEAPON
> WEAPONLESS
ATTACK DEFENSE > WEAPON RETENTION
TECHNIQUES
> SERVICEWEAPON
LETHAL FORCE UTILIZATION > SUPPLEMENTALWEAPON
> OTHER OPTIONS
OTHEROPTIONS: > CONTACT
FORCIBLE STOPPING TECHNIQUES > ROADBLOCK
21
EXHIBIT B
POLICE DEPARTMENT FY2021 BUDGET
Revenue 9r
Description
Approved
Hotel/Motel Tax
-538,170
Animal Permits & Licenses
-35,000
Federal Grants
-7,880
Federal Pass -Through Grants
-240,285
Other State Grants
-825
Johnson Count
-179,816
Coralville
-94,670
Heights
-1,307
-University
Other Local Governments
-27,737
Police Services
-100,000
-Special
Animal Impound & Boarding
-14,920
Excessive Alarms
-6,360
for Services
-5,990
-Charges
Contrib & Donations
-77,000
Queries
-11,240
-Copies/Computer
Sale of Maps/Videos
-20,550
Sale of Autos
-39,900
Animal Adoption
-35,000
Misc Sale of Merchandise
-6,250
Reimb of Expenses
-23,250
Sale of Equipment
-1,000
Total Revenue
-1,467,150
Expenditures
Description
Approved
Perm Full Time
8,471,607
Perm Part Time
57,234
Temporary Employees
136,749
Overtime Wages
708,500
Longevity Pay
63,925
Health Insurance
1,810,402
Dental Insurance
34,570
Life Insurance
17,032
Disability Insurance
5,354
Unemployment Compensation
6,000
FICA
231,331
IPERS
158,103
Public Safety Retirement
1,829,111
Uniform Allowance
23,975
Monthly Cellular/PCS All
1,200
High Speed Internet All
540
Court Costs & Services
2,772
Investigative Funds
2,000
Financial Services & Charges
2,066
22
Consultant Services
1,000
Other Professional Services
99,400
Veterinary Service
71,656
Mail & Delivery
311
Legal Publications
320
Transportation
7,700
Training Instructor
10,000
Registration
61,200
Lodging
30,750
Meals
25,300
Certifications
6,220
& Other Insurance
240
-Bonding
Electricity
32,575
Landfill Use
400
Heating Fuel/Gas
3,416
Refuse Collection Charge
3,000
Cell Phone/Data Service
48,000
Car Washes
5,173
Other Building R&M Services
33,435
Structure R&M Services
1,153
Heating & Cooling R&M Services
34,000
R&M Services
200
-Furnishing
Electrical & Plumbing Repair
826
Office Equipment R&M Services
3,178
Radio Equipment R&M Services
5,050
Other Equipment R&M Services
4,926
Software R&M Services
109,500
Laundry Service
1,408
Snow and Ice Removal
1,840
Towing
4,000
Outside Printing
10,922
Other Operating Service
3,388
ITS-Server/Storage Chgbk
88,991
ITS-PC/Peripheral/Table
146,227
ITS-Capital Replacement
6,240
ITS-Infrastructure Fee
75,160
ITS-Software SAAS Chgbk
35,460
Photocopying Chargeback
20,380
Phone Equipment/Line Charge
28,571
Mail Chargeback
10,251
Delivery Services Charge
553
Vehicle Replacement
3,470
-City
City Vehicle Rental Charge
410
Fuel Chargeback
122,664
Vehicle R&M Chargeback
109,156
Pass-through Grants
86,284
Permitting Fees
250
Dues & Memberships
3,495
Land & Building Rental
1,007
Misc Services & Charges
800
23
Office Supplies
15,110
Sanitation & Indust Supplies
4,719
Photo Supplies & Equipment
2,700
Radio Equipment Supplies
4,400
Subscriptions
24,861
ITS -Data Storage Media
4,240
Software
11,000
Misc Computer Hardware
3,317
Laboratory Chemicals &S
9,244
Laboratory Equipment
3,000
Other Chemicals & Supplies
529
& Accessories
5,968
-Clothing
Uniform Clothing
40,362
Protective ArmorNests
17,336
Leather Accessories
4,000
Other Maintenance Supplies
921
Equipment R&M Supplies
920
Other Vehicle R&M Supplies
3,295
Animal Feed
8,315
Animal Supplies
51,630
Training Supplies & Materials
8,044
Minor Equipment
31,300
Tools
150
First Aid/Safety Supplies
6,025
Purchases For Resale
6,591
Miscellaneous Supplies
5,730
Fire Arms Supplies
45,000
Food and Beverages
2,159
Automobiles
286,000
Trucks
5,000
Other Vehicular Equipment
5,000
Other Operating Equipment
113,000
Software
15,000
Total Expenditures
15,667,193
24
EXHIBIT C
r
CITY OF IOWA C1TY
MEMORANDUM
Date: June 11, 2020
To: Ashley Monroe, Assistant City Manager
From: Stefanie Bowers, Human Rights Coordinator & Equity Director
Re: Update on Racial Equity Toolkits June 2020
Since 2016, fifteen City departments/divisions have completed training on using
racial equity toolkits to review their policies, procedures, services, and programs:
Parks and Recreation, Fire, Library, Police, Accounting, Animal Care Center,
Building Inspection, Community & Development Services, Human Rights, MPOJC,
Purchasing, Finance, Housing Authority, Housing Inspection, and Human
Resources. The last remaining departments, City Clerk, Communications, Public
Works, Transit, Senior Center, and the Airport will be completed in 2020.
The use of racial and socioeconomic equity toolkits has allowed staff in those
departments/divisions to normalize conversations on race and to be conscious of
race in the services we provide as a City to the community. The toolkits have
aided staff's ability to more effectively collect data, work with community voices,
deliver the training of the toolkit to other staff for capacity building within the City,
and to recognize racial equity as a priority that will lead us to better decision
making and better outcomes.
The departments/divisions used a three-step process to gather information that
was used to inform planning and decision making about public policies and
programs. Each step is enumerated below.
Step 1: "What is the impact of the proposal on determinants of racial equity?" The
aim of the first step is to determine whether the proposal will have an impact on
equity or not.
Step 2: "Who is affected by the proposal?" This step identifies who is likely
affected by the proposal.
Step 3: "Opportunities for action?" The third step involves identifying the impacts of
the proposal from a racial equity perspective. The goal is to develop a list of likely
impacts and actions to ensure that negative impacts are mitigated, and positive
impacts are enhanced.
25
As departments/divisions have become more comfortable at operationalizing the
use of a racial equity lens, we have seen an increase in translations of City
documents into other languages, fine -free policies on young adult and children
materials at the Library, increased marketing and donation acceptance for
expansion of the utility discount program, and support for the creation of the South
District Home Investment Partnership Program. Emphasis on equity throughout
City activities has also expanded to beyond staff use. For example, the equity
working group of the Climate Action Commission is determining how this tool or
similar lens could be used in review of proposed actions and community
engagement.
Departments/divisions also receive biannual supplemental training by the
Government Alliance on Race and Equity (CARE). The most recent GARE training
was held on March 29, 2020. In addition, City departments/divisions report out on
a quarterly basis on trainings and outreach. The most recent report is attached.
Past quarters can be found at https://www.icqov.org/city-government/departments-and-
divisions/equity-and-human-rights/social-justice-and-racial-equity under Social Justice
and Racial Equity Quarterly Updates.
26
EXHIBIT D
Special Populations Involvement Program (SPI) Fiscal Year 2021 Operating Budget
Perm Full Time
76,815
Health Insurance
21,457
Dental Insurance
407
Life Insurance
150
Disability Insurance
219
FICA
5,776
IPERS
7,251
Registration
600
Lodging
390
Meals
200
Certifications
765
Cell Phone/Data Service
625
ITS-Server/Storage Chg
511
ITS-PC/Peripheral/Tabl
864
ITS -Software SAAS Chgb
237
Photocopying Chargeback
1,275
Office Supplies
200
SPI Supervision Total
117,742
Lessons
-9,900
Special Events
-7,370
Contrib & Donations
-400
Temporary Employees
45,427
FICA
3,475
IPERS
4,288
Transportation
1,500
Vehicle Rental
900
Misc Services & Charge
1,609
Gasoline
100
Recreational Equipment
1,000
Recreational Programs
8,500
Food and Beverages
2,327
SPI Clubs & Events Total
51,456
SPI Revenue Total
-17,670
SPI Expense Total
186,868
Projected Balance
169,198
27
1pWA CITY
POLICE
TO: Interim Chief Bill Campbell
FROM: Sgt. Derek Frank
RE: April 2020 Use of Force Review
DATE: May 22, 2020
The Use of Force Review Committee met on May 22, 2020. It was composed of Sgt. Frank
and Officer Neeld. Captains Campbell and/or Brotherton had reviewed the reports previously.
For the review of submitted reports in April, 25 individual officers were involved in 16
separate incidents requiring use of force.
Any issues or concerns were identified and addressed at previous levels of review.
The highest level of force used in each incident is below:
Hands-on
6
Taser Display
1
Taser Discharge
2
OC Spray
0
Deployment
Firearm(s)
Display
6
Firearms
0
Discharge
ASP Striking
0
Officer
Striking/Kicking
0
Animal
Dispatched
1
SRT Callouts 0
Vehicle Pursuits 0
Officer Iniuries
1 (Superficial)
Suspect Injuries
2 (Superficial)
Reports submitted 0
to U.S. DOJ
Copy: City Manager, All Police Supervisors, Review Committee
28
IOWA CITY IOWA CITY
op iO W9 IOWA CITY POLICE DEPARTMENT
of iO W9
u� Use o
POLICEApril 2020 POLICE
Officer
Date
Incident
Incident
Force Used
Badge
Number#
type
Number#
34
4/1
2020002840
fight
Subject attempted to flee on foot from
officer, who tripped him to the ground and
pulled arm behind back for cuffing —
subject resisted and tried to turn over and
keep other hand away from officer — officer
pulled one arm up subject's back to gain
compliance, which he did - cuffed
27, 6, 49,
4/6
2020002911
Weapons-
Officers displayed various firearms during
62, 41, 7
related
high-risk traffic stop — no further force
used
17
4/7
2020002913
Burglary
Officer displayed pistol and gave
commands to two burglary suspects who
attempted to flee and hide from officers
27
4/12
2020002994
Domestic
Handcuffed subject lunged at another and
attempted to headbutt him — officer
grabbed subject by should, around torso,
and held him back from continuing assault
32, 5, 36,
4/15
2020003020
Domestic
Subject refused to follow instructions and
26,43
tensed/pulled against officers during
attempted custody/cuffing — CED was
deployed, which allowed for handcuffing —
subject refused to get in squad and was
pushed/pulled in for transport
68,39
4/15
2020003027
Mental issue
Officers grabbed subject by each arm
when he showed signs of aggression
toward paramedic — when subject
attempted to lunge/punch, officers used
momentum to put him on the ground and
handcuff
34
4/20
2020003093
trespass
Officer punched subject and deployed
CED at subject who struck him, got on top
of officer on the ground, and grabbed in
the area of officer's pistol.
68, 34,
4/20
2020003099
Assist other
Officers pointed rifle, pistols, and shotgun
35,70
agency
in direction of hiding subject during search
for others who fled from shooting scene
30, 20,
4/22
2020003127
Mental issue
Subject experiencing mental issue ignored
39
orders and requests and attempted to
enter kitchen, past officers. Officers
29
30
grabbed his torso, took him to the ground
to control movement and forced hands
behind back for cuffing as he tensed and
attempted to pull away.
37
4/22
2020003129
Trespass
Officer pointed CED at subject who was
found inside vacant house, hiding and did
not follow instructions to lie on ground
30
4/23
2020003141
Suicidal
Officer grabbed subject by his jacket and
subject
pulled him to safety from a ledge where he
was sitting and threatening to jump
17, 23,
4/29
2020003191
Stolen
Officers conducted high-risk traffic stop
25
vehicle
with pistols and rifle displayed and ready —
subject followed commands and was
cuffed
22,68
4/27
2020003202
NCO
Officer gave commands while pointing
violation
pistol at subject who ran/hid and was
reportedly possibly armed with a gun —
second officer tackled subject to ground to
control movement after not following
commands - cuffed
18, 25,
4/28
2020003205
No -contact
Subject was pushed against a wall and
58
order
arms forced behind back to handcuff when
violation
he attempted to pull away from officers
and retreat into apartment — he was
pushed/pulled to squad when he refused
to walk on his own
37,30
4/29
2020003230
Burglary
Officers cleared residence with pistol in
low -ready and provided commands when
they encountered a subject hiding —
pushed subject against wall to control
movement when he attempted to pull
away — leg sweep when subject continued
to turn toward officer prior to search —
knee on back to control movement during
search
30
4/29
2020003254
1 Inured deer
Officer shot inured deer
30
EXHIBIT F
j)JU CITY
P6LICE
LESS LETHAL
WEAPONS
Original Date of Issue
General Order Number
April 3, 2018
17-06
Effective Date of Reissue
Section Code
OPS -15
Reevaluation Date Amends/Cancels
April 2019 0403 Less Lethal Impact Munitions
08-01 Conducted Energy Devices
0408 Weapons
C-A.L.E.A. Reference
4.1.3,4.3.1,4.3.2,4.3.3
INDEX A5:
Use of Force Use of Force Matrix
Less Lethal
PURPOSE
The purpose of this order is to govern the types of less lethal weapons used by
officers in the performance of their duties. The policy shall establish a registration
and approval process for all less lethal weapons. Officers shall be required to
demonstrate proficiency prior to being authorized to carry any less lethal weapon.
This order will also identify the conditions under which officers may deploy and use
less lethal weapons.
11. POLICY
It is the policy of the Iowa City Police Department to equip its officers with less lethal
weapons which are safe and reliable. Members of the Department shall only use less
lethal weapons authorized by the Department in the performance of their duties and in a
manner consistent with their training and General Order 99-05: Use of Force. The Iowa
City Police Department recognizes that combative, armed and/or violent subjects
create handling and control problems requiring special training and equipment. The Iowa
31
City Police Department places the highest of value on human life. Less lethal weapon use
is a concept of planning and force application, which meets operational objectives, with
less potential for causing death or serious physical injurythan conventional police
tactics/equipment.
III. DEFINITIONS
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.
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.
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.
Less Lethal Shotgun - A clearly marked, department issued shotgun specifically for the
deployment/use of "less lethar 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
fire traditional shotgun ammunition (shot, buckshot, or slugs).
Projectile Launcher - Any department issued launcher with which the officer has met
approved levels of proficiency in firearms or less lethal qualification training.
32
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 has 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 orthe 36" straight baton. Any deviation shall be
approved by the Chief of Police or designee.
Conducted Energy Device Instructor—Sworn officer who has received specialized
training in the instruction of department Issued conducted energy devices.
Lethal Cover—Cover provided by a weapon capable of causing serious injury or death
when used for its intended purpose.
Conducted Energy Device (CED) — A weapon primarily designed to disrupt a subject's
central nervous system by means of deploying electrical energy sufficient to rause
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
33
and penetrate the skin; wires are attached to the probes electrodes leading back to the
CED.
IV. General Requirements
A. All uniformed on -duty sworn personnel shall carry the following less lethal
department authorized weapons:
1. Conductive energy device
2. Chemical Irritant spray
B. Officers should carry an expandable striking baton
C. Exceptions to IV.A include:
1. Officers operating in a status where possession of a less lethal weapons
would endanger the officer or the operation In which they are
participating.
2. Where there is a need to or requirement that officers
secure their weapon prior to entering a secured area. Le.
courtroom, correctional facilities or psychiatric wings of
hospitals.
3. Officers with non-uniform administrative assignments
while performing that assignment.
4. Officers on "light duty" will carry weapons based on
limitations as provided by a physician.
S. Uniformed command personnel assigned to primary administrative duties
D. All non -uniformed on -duty sworn personnel should carry at least one of the
following less lethal department authorized weapons when they are working
outside of the department:
1. Conductive energy device
2. Chemical irritant spray
3. Striking baton
F. Prior to initial issuance or carry while on duty, all less lethal weapons shall be
reviewed, inspected and approved by the appropriate instructor for that particular
weapon. On an on-going basis, qualified instructors shall conduct inspections of all
less lethal weapons that are being carried by members. The date of the Inspection
and name of the inspector shall be recorded and forwarded to the training
4
34
sergeant. If a less lethal weapon Is determined to be unsafe, the instructor shall
remove it from use pending repair, record the malfunction, cause repair to be
made, and/or provide a replacement to the employee as soon as practical.
G. Department issued less lethal weapons shall only be used for departmental duties.
H. All officers must meet approved levels of proficiency in less lethal weapons
training as set forth by an instructor and approved by the Chief of Police.
I. Officers are responsible for the safekeeping and security of all department
authorized less lethal weapons in their custody.
J. When loading or unloading less lethal firearms in the Police Department or Sub -
Station, the unloading/ loading shall occur using the bullet trap provided by the
department.
K. All less lethal weapons shall be stored, handled, and / or maintained in such a
manner as to prevent the weapon from an unintended discharge.
L. Officers shall not carry any less lethal weapons under the following circumstances:
1. The officer is on suspension or is directed not to do so by the
Chief of Police.
The officer has not successfully met proficiency and qualification
levels as set forth by the Department.
While under the Influence of alcoholic beverages or medications
that impair physical or mental ability.
M. The Captain of Administrative Services shall maintain a file on each less lethal
firearm that is authorized for use in an official capacity containing the following:
a. Date the firearm was authorized for use in an official capacity.
Excluding, routine cleaning, a log of all maintenance, repairs, or
alterations completed on the firearm.
C. What car it is assigned to.
N. Less lethal weapons shall not be modified after it has been approved without
notification and approval of the appropriate instructor.
0. All personnel authorized to carry weapons intended for use of force
application must receive training on their use from the perspectives of
practical application and organizational policy. Instruction should include
confirmation of employee understanding of legal implications and
35
requirements, weapon specific operating and care procedures,
documentation and reporting procedures, and obligations following the
use of force.
P. Officers shall only deploy those less lethal munitions which are provided by the
department.
Q. The deployment of less lethal weapons shall only be performed by those officers
trained and showing proficiency in their deployment.
V. Display of Less Lethal Weapons
1. Except for general maintenance, supervisory inspection, storage, or authorized
training, members shall not draw or exhibit less lethal weapons unless a
circumstance creates a reasonable suspicion that it may be necessary to lawfully
use the weapon in conformance with departmental directives.
2. Department owned less lethal weapons shall not be carried or utilized for any
non -law enforcement activity without the express written permission of the Chief
of Police or designee.
3. 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.
VI. Less Lethal Impact Projectiles
1. Less lethal shotguns
a. Less lethal shotguns are any department issued less lethal shotguns as
approved by the chief of police.
b. All marked supervisor vehicles and all evenly numbered marked patrol
vehicles shall be outfitted with a Department less lethal shotgun. The less
lethal shogun shall be mounted in the patrol vehicle to prevent
unauthorized access.
C. An approved less lethal shotgun is any department issued shotgun meeting
the following requirements:
i. Gauge: 12 gauge
ii. Barrel length: Minimum 18"
iii. Action: pump
iv. 2.75"-3" magnum capability
vi. Minimum 4 round magazine
6
36
vii. Orange colored stock, grip, and forearm.
d. Current authorized less lethal shotguns:
I. Remington 870 12 gauge pump action with orange colored stock,
grip, and forearm.
e. Less lethal shotguns mounted in vehicles shall be stored with an empty
chamber. Five less lethal ammunition shall be mounted on the stock of the
less lethal shotgun.
f. If a less lethal shotgun is removed from a vehicle for temporary storage, it
shall be stored with an empty chamber and unloaded in a locked cabinet.
h. Authorized less lethal shotgun ammunition:
I. CTS 12 gauge super -sock bean bag Impact round.
ii. 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.
j. An officer deploying a less lethal shotgun shall verify that
the rounds are less lethal prior to loading it.
k. Post deployment the officer shall unload the weapon and inspect each
round for wear and breakage. If either is noted a replacement shall be
immediately sought by the on duty supervisor or on duty range instructor.
2. 37mm and 40mm less lethal munitions
a. An approved 37mm less lethal munitions is any department issued
munitions meeting the following requirements:
I. Fixed or folding stock
ii. Revolver type spring motor driven magazine
Iii. minimum 6 shot maximum capacity
iv. minimum barrel length 9"
b. Current authorized 37mm less lethal munitions:
L Defense Technology 37mm 6 shot multi launcher
C. An approved 40mm less lethal munitions is any department issued
munitions meeting the following requirements:
7
37
i. Fixed or folding stock
ii. Action: Single or double
iii. single shot
iv. minimum barrel length 14"
d. Current authorized 40mm less lethal munitions:
L Defense Technology 40mm models: 1325A, 13258, 1327,
1425, 1426, 1440,
e. Department 37 and 40mm less lethal munitions shall be checked for
cleanliness and basic maintenance needs quarterly by a range
Instructor.
f. 37 and 40 mm less lethal munitions shall be stored with an empty
chambers in a locked room when not in use. 37 and 40mm less
lethal ammunitions
g. Authorized 37 and 40mm less lethal munitions ammunition:
i. 37 and 40mm CN, C5, OC and smoke rounds
Ii. 37 and 40mm foam or sponge impact rounds
ii. 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.
3. Evaluation of Less Lethal Projectiles for Use
Kinetic energy impact projectiles will be evaluated for use on the following criteria:
a. Accuracy
i. This is the primary consideration, since proper shot placement
greatly assists in controlling the other two evaluation criteria.
ii. This will be evaluated based on the anticipated ranges of
deployment.
iii. The minimal standard of accuracy of such a round is:
a) 12 - inch group at 15 yards for the 12 -gauge system. The
group shall consist of 3 rounds.
b. Effectiveness
L This is the potential for the round to cause incapacitation and
8
38
reduce the subject's ability to continue their Inappropriate behavior.
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.
Potential for causing death or serious physical injury
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)
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.
d. 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.
e. Head/Neck and Chest - Intentional impacts to these areas should be
avoided unless the use of deadly force is justified, necessary and
appropriate.
4. Deployment Techniques
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 subject's 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.
b. 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:
1. The level of force being confronted.
2. The proximity/access of the subject to the officer or others.
Weapons used forthe deployment of less lethal munitions shall be
39
dedicated 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.
d. When deploying less lethal munitions, the following procedures
should be adhered to:
I. Less lethal munitions should not be used at a distance of less
than 15 feet (5 yards) from the target. With this in mind, the
greater the distance, the less the accuracy.
I. 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.
iii. During the deployment of less lethal munitions, the officer in
charge of the incident should constantly evaluate the option
selected against changing circumstances.
IV. 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.
V. A weapon loaded with less lethal munitions shall be treated
with the same care and caution as weapons loaded with
"lethal" munitions.
vi. Less lethal projectiles should not be employed without a
cover officer with lethal munitions being assigned as an
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. If time allows, when deploying less
lethal weapons at persons in possession of a dangerous weapon, the
officer shall first insure that lethal cover is being provided by an
officer positioned so that both officers have a similar perspective of
events.
vii. Officers shall only deploy those less lethal munitions which
are provided by the department.
viii. The deployment of less lethal munitions shall only be performed by
those officers trained and showing proficiency In their deployment.
Handling of Injured Subjects
Suspects who are struck by less lethal projectiles shall be secured 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.
10
M
6. 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.
7. Records
a. The captain of administrative services shall record the following
information:
I. Initial date of service
ii. Descdption
iii. Manufacturer and Caliber
iv. Serial number
V. Repair, service and modification history
It. The Lead Range macer shall maintain a record for each less lethal impact
projectile approved by the department for use under official color of duty,
and shall, at a minimum include the aforementioned information.
A copy of the record shall be provided to the commander of field
operations and be entered in the Departments records management
system.
8. Maintenance, Modifications, Repairs
a. Officers shall not disassemble any department issued less lethal Impact
projectiles 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. Each repair or service
transaction shall be documented and recorded as required in the section
above.
b. All less lethal projectiles shall not be modified from the manufacturer's
specifications, except under the following circumstances:
I. All modifications or repairs shall be conducted bythe a
manufacturer, manufacturer authorized service center, or
department approved armorer.
The Lead Range Officer shall be notified in writing of all
modifications or repairs and shall enter the modifications or
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repairs in the Departments record management system.
Documentation shall be kept on file with the Lead Range Officer.
VII. Conducted Energy Devices
1. An approved conductive energy devices is any department issued device meeting
the following requirements:
1. Pulse rate: Consistent pulse rate of 19 pulses per second.
ii. Operating and storage temperature range: -41F (-20C) to 122F (50C).
iii. Operating relative humidity: up to 80%.
IV. Power source: battery should provide energy for approximately 500
5 second discharges.
vi. Water resistant.
vii. High -impact polymer construction.
vii. High efficiency flashlight.
Viii. Laser dot available.
ix. Central information display for remaining energy, burst time and
notifications.
X. Downloadable electronic logging system that records events.
A. Onboard self-diagnostic and system status monitoring and
reporting.
xii. Ambidextrous safety switch.
2. Current authorized conductive energy devices:
i. Taser X26
ii. Taser X26P
3. Department conductive energy devices shall be checked for cleanliness and
basic maintenance needs on a regular basis by officers using them and
annually by a conductive energy device instructor. All conductive energy
devices shall be Inspected prior to being put in service by and
annually by a conductive energy device instructor. If a conductive energy
devices is determined to be unsafe, the officer or instructor shall remove it
from use pending repair; record the malfunction, muse repair to be made,
and obtain a replacement as soon as possible. Records of Inspection
and removal from service shall be maintained by the Captain
of Administrative Services.
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4. Conductive energy devices shall be carried with one cartridge that
can readily be deployed. Officers should have a second cartridge available. The
safety will remain engaged unless the weapon's battery is being tested,
the officer is doing training at the direction of an Instructor, or the officer is
displayingthe device in the field consistent with the department's use of force
policy.
S. All conductive energy devices shall be stored, handled, and/or maintained
in such a manner as to prevent them from an unintended discharge. When
testing the battery in the Police Department or Sub -Station the
testing shall occur using the bullet trap.
6. If a conductive energy device is in storage, it shall be stored with the battery
Installed, with no cartridges, and in a locked cabinet. Cartridges shall be stored
in their original packing until they are issued.
7. Authorimd conductive energy device cartridges:
a. Only cartridges purchased by the department may be used during a
deployment. Deployment shall be consistent with departmental
directives on the Use of Force.
8. Deployment of Conducted Energy Devices
A conducted energy device should not be pointed at any Individual unless
the officer reasonably believes it will be necessary to use the device.
b. 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 another cycle. Alternate methods to subdue
the subject should be considered.
d. 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:
give an aggressive subject a final warning that his/her actions are
dictating use of the device
warn other officers and bystanders that the conducted energy
device is about to be deployed.
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e. The deploying officer will then direct the actions of any assisting officer(s)
on the scene in handcuffing the subject. The conducted energy device will
not deliver its charge to a second person unless that person places his/her
hand or a body part in between the two probes. The conducted energy
device should not be used on handcuffed subjects unless they are actively
resisting or exhibiting active aggression and other control options would
place the officer or others in Imminent danger.
f. Assisting officers shall approach the subject with caution so as not to break
the wires connecting the probes to the conducted energy device.
g. Following a conducted energy device deployment, officers shall use a
restraint technique that does not impair respiration.
h. The conducted energy device "probe mode" should be the primary setting
option with the "drive stun" mode generally used as a secondary option.
I. A supervisor shall respond to all incident scenes where a conducted energy
device has been discharged and conduct an initial review of the
deployment.
Situations Where Conducted Energy Devices May Be Used
When an officer reasonably believes that the subject will become, or is
engaged in violence directed towards the officer or others; or the subject's
demeanor indicates they will engage in active aggression and other options
would place the officer or others at risk (active aggression is a greater
standard than active resistance). In addition, conductive energy devices
maybe 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 99-05, Use of Force.
b. To stop a dangerous animal.
10. Situations Where Conducted Energy Devices Shall Not Be Used Unless Deadly Force
is Appropriate
a. Near flammable liquids,gases, blasting materials or any other highly
combustible materials which may be ignited by the use of the device,
including potential methamphetamine labs or subjects contaminated with
such materials.
b. When it is reasonable to believe that incapacitation of the subject may
result in serious injury or death. (i.e. falls, etc.)
11. Situations Where Conducted Energy Devices Should be Avoided
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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.
a. When the officer cannot approach the subject within its effective range.
b. On persons in wheelchairs.
C. To control persons in operation of a vehicle.
d. On elderly persons.
e. On women known to be pregnant.
f. On persons with known heart problems.
g. On persons with an apparent debilitating illness or who are visibly frail.
h. On young children or those under 80 pounds.
I, On individuals with known neuromuscular disorders such as multiple
sclerosis, muscular dystrophy or epilepsy.
12. Post Deployment Procedures
a. Probes, AFIDs, and cartridge packs used against individuals will be
recovered and submitted as evidence.
b. Skin Penetrating Probes:
1. Officers should remove the probes/electrodes as trained and inspect
them to ensure the entire probe/electrode has been removed.
Removal of broken probes/electrodes should be done by medical
personnel.
H. 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.
iii. Only hospital personnel are to remove probes/electrodes
embedded in sensitive tissue areas such as the head, neck, throat,
face, genitalia or female breast.
iv. 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.
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45
C. Probes/electrodes which have not penetrated skin will be packaged to
ensure the safety of persons later handling the evidence packages.
d. Packaging
I. 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.
H. Spent cartridges and a representative AFID sample from the spent
cartridge will be packaged as evidence and may be placed in the
same larger envelope as the spent probes.
e. If practical, photos shall be taken of probe impact areas.
13. Medical Treatment
a. Ensure the suspect's injuries or complaints of injury (if any) are
appropriately treated by medical personnel. Monitor the suspect for signs
of "excited delirium".
b. Medical treatment shall be obtained for any suspect that has received a
conducted energy device discharge.
14. Reporting
a. With the exception of training, all discharges of conducted energy devices
will be documented on a Use of Force Report.
b. Aiming the device's dot or an arc display is considered a use of force.
C. Jail staff shall be notified of intake prisoners who have been exposed to a
conducted energy device.
d. The commander of administrative services or designee shall be notified (by
e-mail) of deployments in order to download information from the device.
15. Maintenance
a. Testing and maintenance of conducted energy devices will be consistent
with the manufacturer's specifications and conducted by properly trained
armorers.
b. Officers shall check the conducted energy device at the start of their tour of
duty to ensure that the weapon has a functional charge.
C. Authorized officers will only carry a Department issued conducted energy
16
ER
device.
d. The 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.
e. Officers shall not In any way alter or modify these weapons.
VIII. 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.
1. Uniformed and non -uniformed personnel will be limited to the use of no more
than 2 ounce canisters of OC spray unless additional specialized training is received
in the use of other chemical agents.
2. The deployment of chemical agents other than the use of OC spray must be
authorized by the Commander of Field Operations or designee. Examples of other
agents and deployment methods include but are not limited to:
a. 12 Gauge chemical munitions -see section VI.1 for authorized 12 gauge
shotguns
b. 37 and 40mm chemical munitions -see section VI.2for authorized 37 and
40mm chemical munitions
c. Foggers
d. PepperBall Systems
e. Hand thrown canisters
3. Situations Where Chemical Agents Should Be Avoided
a. Although not strictly prohibited, officers shall give additional consideration
to the unique circumstances involved prior to applying a chemical agent in
any of the following situations. There must be compelling reasons for
deployment which can be clearly articulated.
b. When the officer cannot approach the subject within its effective range.
C. On persons In wheelchairs.
d. On elderly persons.
e. On women known to be pregnant.
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f. On persons with known heart problems.
g. On persons with an apparent debilitating illness or who are visibly frail.
h. On young children or those under 80 pounds.
L On individuals with known neuromuscular disorders such as multiple
sclerosis, muscular dystrophy or epilepsy
4. Situations Where Chemical Agents Are Prohibited
a. To control persons in operation of a vehicle or who could reasonably gain
control of a vehicle.
b. In a motor vehicle when children are present unless the subject is being
assaultive and when item one does not apply.
5. Authorized OC Spray
a. OC spray is any department issued canister as approved by the chief of
police.
b. An approved OC spray system is any department issued canister
meeting the following requirements:
L No more than 2 ounces.
ii. Active ingredient of no more than 2% oleoresin capsaicin
iii. Non-flammable
iv. Non-toxic
d. Current authorized OC canister:
I. Defense Technology 1.47oz, M K-3.2%First Defense.
6. Authorized Pepperball Delivery System
a. An authorized pepperball delivery system is any department issued
system as approved by the chief of police.
b. An approved pepper delivery system is any department issued system
meeting the following requirements:
L CO2 launcher
a) Semi-automatic fire
b) Firing rate of 1612 rounds per second
1g
M
C) Cross bolt safety switch
d) Maximum of 13 cubic inch high pressure air system
ii. Pepperball Rounds
a) Non-flammable
b) Non-toxic
c) Shell color Indicating payload
d) Caliber:.68
e) Payload: No more than 2.5 grams
f) Velocity no more than 325 feet per second
g) Temperature tolerance range from -30F to 150F
1) Active ingredients of no more than 1.25% CS and 1.25%
PAVA
d. Current authorized pepperball delivery system:
L Launcher
a) Tippman-CO2 Pepperball Launcher
b) Pepperball-0O2 Pepperball Launcher
ii. Pepperball rounds
a) Pepperball PAVA (CAPSAICIN II) Powder
7. Authorized Hand Thrown Canisters
a. An authorized hand thrown canister is any department issued system as
approved by the chief of police.
b. An approved hand thrown canister shall meet the following requirements:
L 20-30 second discharge time
ii. no more than .26oz/7.Sg of OC
iii, no more than .70oz/20g of CN/CS
iv. no more than .06% for aerosols
V. no more than lgram of CN for aerosols
A. non-flammable or internal combustion
C. Current approved hand thrown canisters:
1. Defensive Technology Flameless Tri -Chamber CS
ii. Defensive Technology Flameless Tri -Chamber OC
iii. Defensive Technology Flameless Irl -Aerosol CC/CS
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iv. Defensive TechnologySmoke
8, Authorized Foggers
a. An authorized fogger is any department issued system as
approved by the chief of police.
b. An approved fogger is any department Issued system
meeting the following requirements:
i. No more than 12 ounces
ii. Active ingredient of no more than .2% oleoresin capsaicin
Iii. Non-flammable
iv. Non-toxic
C. Current Authorized Fogger
i. Defense Technologies.2%MK-9
9. Department chemical agent delivery systems shall be checked for
cleanliness and basic maintenance needs on a regular basis by the officer
assigned to that delivery system. All chemical agent delivery systems
shall be inspected prior to being put in service. If a chemical agent delivery
is determined to be unsafe or close to empty, the officer or instructor shall
remove it from use pending repair or replacement. If a repair is needed; the
officer or instructor shall record the malfunction, cause repair to be made,
and provide a replacement as soon as possible. Records of inspection and
removal from service shall be maintained by the Captain of Administrative
Services,
IX. Authorized Distraction Devices
1. 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.
A distraction device is any department issued system as approved by the chief of
police.
A distraction device is any department issued system meeting the following
requirements:
Distraction Device Body
a) steel, non -bursting canister
b) low roll/movement design
ii. Current Authorized Distraction Device Body
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a) Defense Technology Low Roll Parm 8933
iii. Distraction Device Fuse
a) Sound level: max 175 decibel at 5 feet
b) Light level/duration: 6-8 million Candelas for 10
milliseconds
C) Flash Powder:.42oz/12 grams
iv. Current Authorized Distraction Device Fuse
a) Defensive Technology 12 gram Distraction Reload
PartN: 8901
X. Authorized Impact Weapons
1. An authorized impact weapon is any department issued system as approved by
the chief of police.
a. Authorized Expandable Batons
I. An authorized expandable baton is any department issued system as
approved by the chief of police meeting the following requirements
a. Rubberized Grip
b. 3 -stage expandable with retractable locking system
ii. Current approved expandable batons
a) Manufacture: ASP -all models
b. Authorized Rigid batons
I. An authorized rigid baton is any department issued system as
approved bythe chief of police meeting the following requirements
a. No longer than 36"in length
b. No more than 30 ounces in weight
C. Grommet at handle
ii. Current approved rigid batons
a) Manufacture: Monadnock 36" straight baton
XI. Authorized Knifes
1. Officers are authorized to possess and use up to two knives while on duty. If an
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officer chooses to carry a knife while on duty, the officer shall furnish their own
knife. It Is recognized that officers may have many needs for a knife, including both
general use and for limited defensive purposes. While not considered to be a
primary weapon of choice in a defense of life situation, officers may, under
extraordinary circumstances, use a knife in defense of their life or the lives of
others.
2. Nothing in this policy requires any officer to carry any knife. This policy is
intended to aid the officer, should the officer elect to carry a knife, in the
acceptable use of the knife in common tasks and in the desperate defense of life.
Officers must advise their watch commander if they choose to carry a knife. The
watch commander should inspect the knife prior to approval for use to ensure it
meets department specifications. The specification for a knife to be carried while
on duty are listed below:
a. Officers may carry up to two knives either a folding blade or fixed blade
type.
b. The brand, design and style of knife will be at the officer's discretion.
C. Knives shall have a blade length of five (5) Inches or less.
d. Except for special assignments where the use of a fixed blade is specifically
provided for (e.g. SRT), the possession or use of a fixed blade knife by
sworn personnel is permitted only if the blade is contained in a protective
scabbard or caller and the entire knife must be concealed.
General Use:
a. The carrying and use of any knife by officers shall be done as unobtrusive as
possible so as not to alarm any bystanders.
b. It is the individual officer's responsibility to use the duty knife as a tool in a
safe and responsible manner.
C. The officer shall use reasonable care in the general use of the knife as
a tool to prevent injury of the officers and others.
d. The officer shall use reasonable care in the general use of the knife as
a tool to prevent damage to property.
5. Defensive Use of Any Knife:
a. It is recognized that any officer in the course of his or her duties may
require the use of the duty, knife as a means of defense under extraordinary
circumstances.
b. Officers are to be aware that the duty knife is primarily a cutting tool to
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assist them in their daily duties and not intended by this department to be
a primary weapon of defense. Extraordinary circumstances may dictate that
the duty knife be used as an "immediate measure of defense of life. An
"Immediate measure of defense of life" is defined as taking that action or
using any implements to defend the officer's life or safety of another with
implements or devices not normally intended to be a weapon or issued as
public safety equipment.
6. Medical assistance shall be obtained as soon as practical for subjects who have
sustained injury, expressed any complaint of Injury, orthe officer feels he or she
has been injured in any use of force including that involving employment of a
duty knife.
7. Supervisory notification and a use of force report shall be made as soon as
practical following the application of use of force involving a duty knife.
XII. Less Lethal Weapon Proficiency, Training and Testing
Training and tests designed to require the officer demonstrate
accuracy, safety, functionality and maintenance of the less lethal weapons 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 for the less lethal projectiles and conductive energy devices and
biannually for all others.
1. All persons utilizing range facilities shall follow the direction of the Lead
Range Officer/Range Instructor at all times.
2. Training will be designed by Instructors training and may include
scores, target types, timing distance and practical conditions that meet
the needs of the department.
3. Scores will be documented as either pass/fail.
4. Proficiency tests will include designed by instructors for each less lethal
weapon and may include the following: demonstrated ability of the officer
to accomplish the following: drawing, holstering, clearing stoppages,
loading, unloading, and safe handling as designated by the training staff.
S. Target types may consist of, but not be limited to the following:
a. Paper targets with printed design to represent areas to hit and be
used in scoring accuracy.
b. Shoot/don't shoot targets that represent the need for an officer to
react appropriately.
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6. Remedial training shall be required of those officers who fail to
demonstrate proficiency.
Remedial training shall continue until the officer meets the
standard, or upon a third failed attempt to qualify, the instructor
shall notify the officer's supervisor, Commander of Field Operations
and Chief of Police.
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 less lethal weapon. This may
continue until the standard is met, but will not exceed five (5) duty
days without administrative review.
Continued failure to meet the standard may result in administrative
action being taken against the officer.
Instructors conducting training shall complete records documenting all
training for each officer. These records shall be retained by the Training
Unit.
8. All instruction, training and qualification shall be provided by a
Certified instructor.
Until the employee achieves full certification, s(he) will not be permitted
to operate the specific weapons system other than in a training
environment.
Jody Mathedy, Chief of Police
WARNING
This directive is for departmental use only and does not apply in any criminal or civil
proceeding. The department policy should not be construed as a creation of a higher
legal standard of safety or care in an evidentiary sense with respect to third -party Claims.
Violations of this directive will only form the basis for departmental administrative
sanctions.
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EXHIBIT G
11:7\ 011 Y �►L 101►L [I] :7\►1 Il ll►L [I] 0111►11] 11:i.`111I\►11] I A
Date: June 10, 2020
This MEMORANDUM OF UNDERSTANDING is entered into by the Johnson County Sheriff's
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
Diane Venenga, North Liberty Chief of Police
Scott Beckner, Director of Public Safety U of Iowa
Shane Kron, City of Coralville Chief of Police
Troy Kelsay, University Heights Chief of Police
55
EXHIBIT H
City of Iowa City
Police Officer Recruitment
www.icgov.org/policerecruitment
Application Deadline: October 5, 2018
The City of Iowa City is currently accepting applications and will be holding Civil Service testing for the posi-
tion of Police Officer. Please review this document in its entirety as it contains important information and
deadlines related to this process. Additional information and updates will be posted through the Police re-
cruitment website listed above.
Job Summary
A Police Officer patrols by car and on foot to prevent crime and enforce laws; conducts investigations and
writes reports; interrogates witnesses, investigates accidents and obtains and records measurements. Re-
quires the ability to work with a diverse community and build relationships with the communities served;
problem solve with the utmost respect for human rights and dignity; express oneself clearly and concisely
both orally and in writing; observe facts and situations analytically, objectively and accurately; record the
same under rapidly changing and stressful situations and render creditable testimony; use good judgment
in evaluating situations and make decisions quickly and under pressure; diffuse difficult and dangerous sit-
uations.
Job Qualifications
1. Must be eligible to carry a firearm under all state and federal laws.
2. Must be a U.S. citizen and resident of the State of Iowa. Residency restrictions do not apply to appli-
cants.
3. Must beat least 18 years of age and must possess a high school diploma or equivalent.
4. Must possess a valid Iowa driver's license at appointment and maintain such license.
5. Must have an acceptable driving record as determined by the City.
6. Vision of 20/20 in each eye or vision correctable to 20/20, with uncorrected vision of not less than
20/100 in each eye; peripheral vision to 120 degrees in the horizontal meridian in each eye; normal color
vision.
7. Hearing sensitivity threshold within 25db measured at 500 Hz, 1000 Hz, 2000 Hz, and 3000 Hz averaged
together.
It is the policy ofthe City oflowa City to afford equal employment opportunities)orof employees and potential City employ-
ees. Persons who ore members of a protected class am encouraged to apply.
56
Salary and Benefits
• Starting salary is $48,464 annually
Friday, October 5, 2018
• Paid vacation, sick leave and holidays
�•Y�
• Life, health and dental insurance plans provided
CFry OF IOWA CITY
• Voluntary deferred compensation program with Roth IRA option
• Section 125 plan for pretax insurance premiums, medical and dependent
care spending accounts
• Paid training time
• Uniforms and equipment furnished
• Job related disability coverage
• Municipal Fire and Police Retirement System of Iowa (MFPRSI)
Residency Requirement
Must live within 17 miles of the corporate limits of Iowa City within one year of hire.
Online employment applications due
Friday, October 5, 2018
POST and Physical Fitness Testing
Saturday, October 27, 2018
POST and Physical Fitness Testing
Saturday, November 17, 2018
Alternate date/Re-test Opportunity
Oral Interviews
December 3-7, 2018 (tentative)
Service Certification of Hiring list Anticipated by January 1, 2019
Background Investigation and Driving Record Review Will be completed for anycandidates on cer-
tified list under consideration for an offer of
employment as vacancies occur
Physical exam and MMPI Required upon acceptance of a contingent
job offer
Police Academy Required upon hire for all non -certified re-
cruits with tuition and salary paid by the
City.
Probationary Period If ILEA certified, probationary period is nine
months from date of hire, otherwise, proba-
tionary period is nine months from gradua-
tion from police academy.
See following pages for more detailed information.
57
Candidates must apply online by Friday, October 5, 2018. Find a link to our application at www.iceov.ore/
policerecruitment. A resume will not substitute for the required online application. For assistance locating a
public computer in the Iowa City area, please contact Human Resources.
Dates: October 27 and November 17, 2018
Location: University of Iowa College of Pharmacy, 115 S. Grand Ave, Iowa City
Check-in: 8:OOam-8:30am, PHOTO ID REQUIRED
8:30am, No admittance after test begins. No exceptions.
The POST is required for all candidates who are not ILEA certified. Candidate must receive a score of 70% in
each section of the test to pass. Candidates with a passing score on file with Stanard & Associates, Inc. that
is dated no earlier than February 1, 2018 or who are ILEA certified will receive notification from Human Re-
sources that they have been excused from having to retake the POST.
Dates: October 27 and November 17, 2018
Location: University of Iowa Field House (Level 400—Track level), 225 S. Grand Ave, Iowa City
Check-in times: To Be Announced, PHOTO ID REQUIRED
The physical fitness test is required for all candidates who are not ILEA certified. Candidates who provide
acceptable documentation of having successfully completed the ILEA pre-employment physical test regimen
administered by another law enforcement agency on or after August 1, 2018 will be excused from having to
retake the physical fitness test. Acceptable documentation must be provided on agency letterhead with an
original signature and include the date the test was administered, the specific performance result of each of
the four test events, and the name and title of the test proctor. Deadline to provide documentation of suc-
cessful completion of the ILEA fitness test is the Friday, October 5, 2018 application deadline. ILEA certified
candidates will be excused via notification by Human Resources upon verification of their certification.
58
Veteran's Preference
Iowa Code allows for Veteran's Preference under certain conditions. To be eligible you must meet all of the
following requirements:
1. Must be a citizen and a current resident of the U.S.
2. Must have received an honorable discharge, as stated on a DD214 or other official discharge document.
3. Must have served active duty time during one of the following times:
a. World War II between December 7, 1941 and December 31, 1946
b. Korean Conflict between June 25, 1950 and January 31, 1955
c. Vietnam Conflict between August 5, 1964 and May 7, 1975
d. Lebanon or Grenada service between August 24, 1982 and July 31, 1984
e. Panama service between December 20, 1989 and January 31, 1990
d. Persian Gulf Conflict beginning August 2, 1990 -present
If you meet all of the above criteria and wish to claim veteran's preference, you must submit a copy of
your DD214 or other official discharge document which includes dates of active service and indicates
honorable discharge bythe Friday, October 5, 2018 application deadline.
Disability Accommodation
If you will be requesting an accommodation for a disability in order to participate in any portion of the
testing, please provide written notification of your request including the specific accommodation you are
requesting and verification of the disability as soon as possible but no later than the Friday, October 5,
2018 application deadline.
Check out the recruitment website early and often!
Be sure to visit wwwJcgov.ore/oolicerecruitment for more detailed information regarding this process in-
cluding:
• Additional information on the POST and Physical Fitness tests
• Test location maps including parking information*�
• Background investigation and driving record reviews ti • T:
• Post offer physical and MMPI ■-�
• ICPD recruitment video and message from Chief Matherly
• Test results, fitness test reporting times, and other announcements
Important Note:
All candidate correspondence will be directed to the primary email address listed in your application.
59
EXHIBIT I
Iowa City Permanent Employee Demographics: Race/Ethnicity
10 -Year Historical
2010 2011 2012 2013 2014
■ Wh ite
■ Hispanic
■ American Indian or Alaska Native
■ More than 1 Race
2015 2016 2017 2018 2019 2020
■ Black or African American
■ Asian
■ Native Hawaiian or other Pacific Islander
"Wore than 1 Race" not tracked prior to 2018
90.00%
78.34%
Permanent City Employee Race/Ethnicity Demographics vs. City
Population Race/Ethnicity Demographics (as % of total)
5A7%
4.26 2.95 507%
White Black or Hispanic
African
American
6.55%
1.15°.15/
Asian
■ Iowa City Permanent Employees (2020)
ME
0.16°k 0.20°k0.04°k
0.009 1A8°k %
American
Native Ivbre than 1
Indian or
Hawaiian or Race
Alaska Native
other Pacific
Islander
■ Iowa City Population (2010 Census)
Members of the police union, or Police Labor Relations Organization (PLRO)
include sworn officers.
Iowa City Police Union Member Demographics: Race/Ethnicity
10 -Year Historical
2010 2011 2012 2013 2014
■ White
■ Hispanic
•American Indian or Alaska Native
• More than 1 Race
86.57%
= 78.34%
2015 2016 2017 2018 2019 2020
Black or African American
Asian
Native Hawaiian or other Pacific Islander
Police Union Member Race/Ethnicity Demographics vs. City Population
Race/Ethnicity Demographics (as % of total)
6.55%
U" 0.00%0.20% 0.00%0.04%
Asian American Native
Indian or Hawaiian or
Alaska Native other Pacific
Islander
■ Police Union Members (2020) Iowa City Population (2010 Census)
61
4.33%
0.00%
More than 1
Race
7.46°/6 5.47°/6 5 07°/6
2lliiiilli .896
White
Black or Hispanic
African
American
6.55%
U" 0.00%0.20% 0.00%0.04%
Asian American Native
Indian or Hawaiian or
Alaska Native other Pacific
Islander
■ Police Union Members (2020) Iowa City Population (2010 Census)
61
4.33%
0.00%
More than 1
Race
Non-union police employees include all department staff except PLRO sworn
officers. This includes sworn supervisors, administration, civilian officers, and
animal control.
Race/ethnicity demographic information for non-union police staff is not available
prior to 2018.
Non -Union Police Demographics: Race/Ethnicity
10 -Year Historical
2018
■ White
■ Hispanic
•American Indian or Alaska Native
•More than 1 Race
2019
2020
■ Black or African American
Asian
Native Hawaiian or other Pacific Islander
Non -Union Police Race/Ethnicity Demographics vs. City
Population Race/Ethnicity Demographics (as % of total)
92.86%
8.34%
0.00
0 5.47% 2.38%.3-07%
/.—
White Black or Hispanic
African
American
2.38%0.00.A-20%
0.00.,0- 04% 2.384.33%
Asian American
Native More han 1
Indian or
Hawaiian or Race
Alaska
other
Native
Pacific
Islander
■ Iowa City Police Employees (2020)
62
Iowa City Population (2010 Census)
EXHIBIT J
Information about the namesake of Wetherby Park
The following information includes sourced excerpts from the Putnam Museum
(http://putnam.org/Isaac-A-Wetherby) and the National Historic Registry of Historic Places.
The home of Isaac A. Wetherby, currently located at 611 N. Governor Street, was
registered on the National Register of Historic Places in 2009 for significant historical
contributions to arts and commerce in the City of Iowa City. The application for registry
with NRHP has additional details regarding Wetherby's contributions to Iowa City
community. This information can be found at: https:Hcatalog.archives.gov/id/75339226.
Minutes from a 1976 Iowa City Parks Commission meeting, when Wetherby Park was
renamed. are also attached.
History
"Isaac A. Wetherby with his camera, c. 1869. (Library
of Congress, LC-USZ62-3529)
Isaac Augustus Wetherby was born in Province,
Rhode Island on December 6, 1819 to Isaac (Sr.) and
Sophia Wetherby. Isaac Sr. worked at a number of
professions to provide for his family. The happiest
years of young Wetherby's life were spent in
Charleston, MA, where his father was a factory
foreman. Although Isaac was considered one of the
town hooligans, he still attended several noteworthy
schools. As an adult, Isaac reflected on his time at the
Stowe Academy, reminiscing about a relative's farm
nearby. It was here that he discovered and developed
his love of drawing. By 1834 times became hard for
the Wetherbys. Isaac Sr. worked a variety of
temporary jobs, and encouraged his son to use his
talent and creativity to sustain a life for himself.
Isaac moved to Boston and began his career as a professional artist. Isaac's early
commissions were for portraits. However, he implemented a cutting edge (for the time)
technique. Using a process called daguerreotyping, the time required to sit for a portrait
was significantly diminished. Daguerreotyping was the one of the first photographic
processes available. Originally used in the early 1840s, the daguerreotype used
chemicals and light to etch images onto metal plates. Isaac took a daguerreotype of the
sitter and then paint from the image when the sitter was not available."
"While living in Louisville, Isaac traveled frequently to Tama County, Iowa, as well as
Rockford, Illinois. He also found his political voice during this time, becoming a staunch
and vocal Republican. After only a few months, Isaac returned to Boston to further himself
as a photographer."
"Unfortunately, Isaac's talents did not cross over into the agricultural world. After his farm
failed, he and his family moved to Iowa City. Upon arrival in town, Isaac set up shop, and
became Iowa City's first commercial photographer. Business was thriving, and soon Isaac
was able to move his shop across town, to a larger location." "During this time Lincoln was
running for the Presidential Office, and being known to be a republican supporter, Isaac
63
was approached by Dr. Kimball to create a number of posters in support of Lincoln for the
race. While a number were created, only one known specimen remains. Perhaps the most
interesting is the one in our collection here at the Putnam. It was created in June of 1860,
and paid for by Dr. Kimball with a recycled gold watch. The other posters were paid for
with $12, 'choice' fruit, and an axe."
In later years he retired and began to travel more, always a bit of a rover throughout his
life. Over the years Catherine and Isaac grew apart and, following the appearance of a
mysterious step daughter on census records, she and their eldest daughter disappear
from the Isaac's records and presumably set out on their own. Isaac spends the last four
years of his life in Kansas. He works, like his father in the twilight of his life, as a janitor in
a sanitarium. This is where Isaac will eventually pass away in 1904. His body was sent to
Catherine, back in Iowa. She buried him in Iowa City's Oakland Cemetery.
Despite his talent, there is very little written about Isaac Augustus Wetherby. His detailed
day books, however, provide a one of a kind look inside the mind of an artist. The books
are available for public viewing during regular hours at the Iowa State Historical Library in
Iowa City, IA.
This project is supported in party by the State Historical Society of Iowa, Historical
Resource Development Program."
Weatherby Park naming Council Proceedings included below.
M1
111 NUTE'S
•IOWA CITY PARKS AND RECREATION COMMISSION ... `.
RECREATION CLNJ,'R ROOM B - •. ;, ,I.
DECEMBER R, 1978
MEMBERS
Thayer -'... i
Tye r Ll c, Cilsk, Kel iey,.Nesohar ;Powell�
MEMBER ABSENT: Davis, Sangster=t-.•,'r!;.
STAFF PRL�SENT: _Adams, Flowers,. Howell Lee,•;Levip. Peek Showalter •-,
GUESTS: Derek Willard, A. J. Soucek ,..Marsha Linder,
Gretchen, Harshbarger, Kathryn Gillies, Ntincy%SeibeilSnev�`
Anne Glenister - g,�::, •.
RECOMMENIIATIONS TO THE CITY COUNCIL: '
I. That the Parks and Recreation Commission recoromendsto the City
Council,.that South Hollywood Manor. Park be.. named Wetherby .P ark. t
N That the Parks and Recreation Commission.,rscommends'.'I'".t�le
North Side Neighborhood Association be given a`hearins concerning the
Purchase ;or. the Ilayek property adjacent to,:Bappy, Holiow,Parh,,;; �.;.
SUMMARY :oF Di6CU8SION AND. FORMAL ACTION TAKEN:, - ''•''I
• The Iowadity Parks and.Recreation Conmission,..met in Regplar $eesion
on December 8, 1978, with Chairperson Stockmao., presiding
There werenog add itions,. or corrections to the :miiautea :o. the November; .18
meetinW.
g and. they were approved as written. ,
•_. 1:7,?
ascher
rleceivedread. the, suggestions that the, park Naming 8ub¢oolmittae had
for naming South Hollywood Hanor Parjk. _ indioatk-ng;_tbat•he;i.;,;,"
preference: was. for either, McCollister Park .or.Wetherby Parks ..8be
explained that the park was part of the Mcb61.1' er 'propeity and '
that Isaac Wetherby was. an early Iowa City„ Photographer.�and,.portrai another
ter: indicated •that -there. was: etill a iposeibiiAy,•ttiat_;j;
another portion of the McCollister ;property,;, which .is a _,part. of,.
Showers Estate, would be purchased in -the. Future and would.. b6: closer,,,,,
to the McCollister; house,., There waa.a conden§us that!,the �ommiseion�y,
the a like,to reserve the name ilcColiieter P,ark...for„that,portioa�inl,),:�
the event -that it would be purchasedbythe City. Following discussion,
Kelley moved .and BOutelle seconded that the.parks and Recic;wieat loc.;Com1
mission -.recommend, to. the; City Council that ,South. Hollyvood;,llaapgr,-_F.a}�' I
be namedWetherby,Park,_-Uuanimous. ..
A group of,. Camp Fire Girls. was ` ' ”' uta •• ai P
to Chair Pre»enc,. to preset a check for ,$1,3i90•:Rl
person Stockman for, the, purpose of building,a shelter, at the„ g
Conklin entrance 'to Hickory Mill Parka The moray was raked pyy„ _�,,; •./.
•
construction
ion o -quilts. and, wil l be., pat. Ap, a,;apecQal�; City iccougt;nntill,l
construction of the shelter can begin. After. preseptaticp of he�phepk
by Lynette Nerad, Carla Rosenthal, Deena pagels, Cynthia Shires and
Jeanette Paulson, Stockman reported that the Committee on Community
Needs had recommended an allocation of $9,500 for the constructionofthe shelter.
22:37
65
(1) That the City Council. approve changing the;, name of South
;Hollywood Manor Park.to Wetherby: Park.
CONSIDER RGSOUM..ICN NAMING 'i -CERTAIN -PARK WCA7P.O WITHIN INE CITY LIMITS
OF TO1VA CITY, IOWA:
CoaeloRt The name of Wetherby Park as chosen frem 19 su estaons
the Pubiic by the: Cosmission's Park Nemin Su 88�"
,F submitted R bconoiiittee 77ut' name was
�I that the hen: Harold Lindley or 1125 �Seyaqur AV��we wlq suggast�
Park he named. after Isaac A. Wetherby, an. early Iowa:.City
photographer and pprtrait Painter who tookall of `the mrly: photos, of
the-Cityand operated a photo. allc
theroid -1870's... __.8_ ry.on .Clinton: Street-frwo; 1862 until
Action.
! a d Yr
2,_ — — — — -- —�.
rte-----'-
(2):7hat the North Side Neighbor
,J .concerning the Purchase of 1
HaPPy Holiow Park.
Item 1b. 5..
-- ANNOIINCQ.B-lyr OF VAC/1NCIE5.
... a. hoard of Examiners: of. Plumbers
.. .: .. 7his appointment will be made at
b:Board of Appeals. mm vacancies
- at -the January 25,:1977: -meeting;.
SOMICI. cw.wra.I.p.2,;t ie4,+i.r.+G
Item No.:.. (` CITY (1MINCIL ANiD7NIDOws.
- :.. a: -Consider appointment to fill vac,
Connlission for a four-year. ter, c
Action;
Consider approval of.appointment of
the -Parks and Recreation
m
R,
•
Page 2
Council Activities
December 21, 1976
Council noted the Housing Commission's recommendation,
concerning transition from Section 23 to Section 8, to pro-
vide affordable housing.
It was moved by Balmer and seconded by Poster to adopt
the RESOLUTION NAMING A CERTAIN PARK LOCATED WITHIN THE CITY
LIMITS, as Wetherby Park_ Bell call: Ayes: Balmer, Foster,
Selzer. Nays: deProsse, Neuhauser, V
Motion failed, 3/3. The Mayor stated tevera. Absent. Ferret.
hat the item would be
sent back to the Park naming committee. There were no objec-
tions. City Managez Neal Berlin read the Resolution passed
Previously on the park namingpolicy.
City Manager Berlin explained that concerning the hearing
for area residents concerning the purchase of the Hayek prop-
erty adjacent to Happy Hollow Park, Council's intent was that
the residents come to any meeting and speak during Public Dis-
cussion instead of setting a Public hearing. Council dis-
cussed the advisability of Public Works Director Plastino meet -
who with the group first. Wayne Begley, repesenting the group
who
ed the Petition for purchase of park land, was pres-
ent
ed that their group be
y included on
agenda. Mayor Neuhauser explained Councills intention toan
chase the land to further the stormwater management Pu
m.
Council has given approval to interim solutions which include
use of the park as a detention area. Begley advised he had
sent a letter to Council and to HUD, asking for a full scale
environmental impactsThis letter
tatement for this project.
Will be on next week's agenda.
Mayor Neuhauser announced there were two vacancies on the
Board of Appeals with terms expiring December 31, 1979, and
one vacancy on the Board of Examiners of Plumbers (Master
Plumber) with term expiring December 31, 1978. She indicated
the appointments will be made at the January 25, 1977 meet-
ing_ A motion was made by Selzer, seconded by deProsse, to
request the existing member of the Board of Appeals (Warren
Burger) to serve until replacement has been made. Motion
carried, 6/0, with Ferret absent.
_i
Councilwoman deProsse moved, Councilman Selzer seconded
to approve the Mayor's appointment of John-MCLaughlin, 1715
Rochester Court, to fill the vacancy on the Parks and Recrea-
tion Commission for a four-year term expiring January 1, 1981.
Motion carried, 6/0, with Perrot absent.
_2
It was moved by Foster, seconded by Balmer, to approve
the appointment of Dr. Robin Powell, 330 Ferson Avenue, ve
as
the School Board representative to the Parks & Recreation
Commission for a one-year term beginning October 1, 1976, —.2.
67
• RESOLUTION .
A RESOLUTION NAMING A CERTAIN P RK OCATED WITHIN THE C1Ty LIMITS
OF THE CITY 0 IOWA CITY, IOWA
of the
inEthesbestthe
interestsCouncil
the residentsoofl tho.Citwe y� of IowadCity,it
to name parks located within the City; and
WHEREAS, the City Council by Resolution No. 72-63 established certain
guidelines for the naming of parks; and
WHEREAS, the City of Iowa City has acquired the following described
parcel of land for park purposes:
In T -79N, R -6W, Sth p.M Section 23 thereof, a parcel
of land in the W 7$ acres of the Wy in the SWh of said
section 23 described as follows: Commencing at the
WE
thence n2r745 feet,. thence eS5820ofeetid section 23;
thence N 820 Feet to the point of beginnince E 745 feet;
parcel contains 14 acres, more or less. 8' Said
and,
WHEREAS, the Parks and Recreation Commission has recommended that
said park be named "Wetherby Park";
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Iowa City, Iowa, that the above described park be named "Wetherby
Park'•,
It was moved by and seconded by
that the Resolution e a optean upon roll call there were: --
AYES: NAYS: ABSENT:
x
Balmer
–�— deProsse
Foster
—� Neuhauser
Ferret nO.
Selzer !A\+\
-- �= Vevera `1
Passed and approved this
day of 1976.
ayer
ATTEST: RFrBJ7FP. 6 API%o`JEn
C ty er BYT.!E ,:,Lr„iL DE16RRIMT,
z z NS.
M
'MINUTES OF OFFICIAL ACTIONS:OF�COUNCIL ¢ack:,to,,the, park_,naming caam.p There. were
-.: OECENBER;21,.1976 - no objections, i_ ys• r 1a ,.1r 69 rtso'
The cost of'publishing the fo]low {ng pro- C1ty;Mgf „Berlin explained tltaticpncerping
ceedings & claims is '..§' Cumula- - the 'hearing for; area, r , . ), teJ re•J Mltchase
sive cost to: date. dura ng,.tlffs calendar, - ;=of,.the, Hnxek„pcpperty. adjaFe.[{t: tojiHappy; ..-
yeae:forsaidiPublication.is:-5 Hollori;J'arki„Councj3.,s intentiiwasrthat�;the
Iowa city City Council, re residents;:come;,to Any: Meeting`and'speak
12/21/76, 7:30P:M.,:Civfc9Cesession6oun- during Public:-Dis..cussi,on,instead,Qf:,$ ting ,
cilmenbers _present:, Balmer;,deProsse, ;. a public hearing., Wayne I Gy, represent
Foster, Neubapser, :Selzer;.Vevera:._ Absent: inq the°group whoa'presenfiA the petition..
for paii1a'se of park land' ties. preseiitar&
Perret.; Mayor Neuhauser presiding.: asked they their group'be offs Pre ankh-.-
-' Jim Larew appeared al
al
6"extended an' "Ata- cluded'`on ah agenda'! Mayor"MeyhaSser eKx
•'Yion'ta-the.pubI . ta`participatesinging Pl41nOd"Cauiicjl'•sintention'to;piirbhase'-
Christmas carols Dec.'23'at'B1ackHawk Park. the lantl to'furtHer the stormwater mm�age-
Moved by Selzer,. seconded by Bahner, -that ment program.
the foliowing'agenda items 1.a reconmenda- Mayor' Neubauser -announced ' 9,i, were 2iva-
tions.in the'Consegt'Calendar be approved cancies'on'the Rd.'of APPehI's!Mf�th':term"s
and/or adopted as amended. -'expiring 12/31/79, and 1.vacancY on rote° --
.. Bd. ofi.Exam. of. P,lumbers:(Hasten Plrgnberl,-
Approval bf, off.,actions req. 666ncil with ttorm expiring,12(31/,7,8.,-.7ShafiirMicated
mtg., 12/7/76 5ubJect to torrectlon, as they appoi ntments.,wi.11, be. made; atil/25/•77--
recommendediby City Virk - mtg. Moved by Selzer seconded}bx deP,ngsse,
'- to request the existing member of the Bd.
Minutes of Bds & Corms Civil.'Serv. of Appeal s'to- serve `untih-replacement"hies
Comm. 11/30/76, Airport Come - been ma"de ' Motion' carried 6'/O with;'pe" ret
`10/21/76'a:11/1�/761 Housing Coirm. _ atisenti r -' J %� 1 ,` ^r"I Tn q=,r,.
If .i hi IJ . lr ally 3 (rl �Ly it �.f.IJ
11/10/76-&'11/17/76; Kamm on Cumnuriity Coundlwoma_n deProsse.iaoved, Coynq loran, _
Needs 12/1/76 a 12%7/76 Rt verfront, S elzer•,,Secended .to; approve the MalyorJrst
Conan.-`- 12/9/76 P &; R' Comm.12/8/76. aPP01Ptmenttof John; McLaughljn,;L17�15,:1{olh, _
Permit Res.-. ;as, recorded, in Res: Book 37, ester f_ t to f1J1 _the,jvacancy,;oly"thenp; & R'
as :recommended: by,City Clerk: Res, .476- Comm. fora 4 yr tern.expiring /1/,81
.4q.8, 660:1A roving.Class C Liquor MOtio�.car`Med _6/B .,with Per-ref,,absent9`:
. _ P. PP r.:... v
vn,anu nve u h.:..KOS 976-450,. p.:662.
Approving Refund of, Cigarette.Permit,
Buil Market.
Motions: ? Approving, Petition for�Suspen-
:sion:of Taxes, Mildred;Jennings,_ 815
River 5t.,:as recommended: by. Cltyi Clerk &
. City-Atty. Setting; public. hearing. on
1/11/77, to]ed
review.propos:caam.idev,
Projects fuded,with C.D.B.G. funds..
Corr.— Petition from l'owa `Citk'esidents
.to have alley;paved (alley opening-lto:
:.Dodge ;& Johnson;Sts., bounded: .by; Daven-
port .& Bloomington' Stsa:;,•referred. to .,
Public Works' Dept.;
Affirmative' roll"calj:v6te was unaninioas>
.,. ' with' Pe ' Y y... . -. �..
.,,ere a sent._,
-Moved.by Bahner,and seconded,by Foster,t0
-adopt the RES_,NAMING A CERTAIN PARK LO-
CA ED WITHIN J'HE•,CITY,,LIMITS;, as, .Wetherby
Park_. ROIL cell•. Ayes:. Balmer, Foster,,
RE
:u.aa vy roster, seconaea by Balmer,,,to
.approve .the, appointment of Dr. Robin Pgwel 1,
330 :Person Ave ' ds"•the School,' Bd.;'re'•:'^ to
the P &5R Comm for a iryr `term'tZeginn�ng
30/1/76;jand expiring 1g/1%{7, Motionircar�
6/0, with Perretl
Councilman, Veverp; announced he;;would,be on..
vacatron;;3/17. }i,1/18/77 ,p CogniyTman uSGIzer'
requested that bds�.f & cotes ;rfur�nish: alin=
. utes, as, soon, as;:possiple after tFtgir.,intgs:. -
In,addition>,,he ltead,an,;anticls:entitled
".•The.: Raid f,
rT,re s r
asked al_7•, o„thtnklwhere.;_ !r Md,O:
X theaGcfa ..hin the:'
cpteBories N ),!,red. .
.Counci loranaTij lin !lal. mer,; repuested,_Cggnqil,pgnsid•:
_ er,.atianJ;of ¢het Ord:�;Amend ng; RheI n na,
01 ld'J
Page 2 Council Activities
December 28, 1976
The recommendations from the Planning and Zoning Commis-
sion concerning Sturgis Corner Addition, Midwest Development
Company Rezoning and Mount Prospect Addition were noted. It
was moved by Balmer and seconded by Selzer to adopt RESOLUTION
676-462, as recorded inResolution Book 37, page 6B5, APPROV-
ING PRELIMINARY PLAT OF STURGIS CORNER ADDITION. Affirmative
roll call vote was unanimous, 7/0, all Councilmembers present.
There will be a special agreement for this subdivision located
east of Riverside Drive and north of Highway 6 Bypass.
It was moved by Selzer and seconded by Balmer to set a
public hearing, January 18, 1977, 7:30 P.M., on application
submitted by Midwest Development Company to rezone a tract of
land west of Taylor Drive and south of E -Mart area from R1A,tO
RIB zone. Motion carried, 7/0, all Councilmembers present.
Mayor Neuhauser expressed concern that the Committee on
Community Needs was receiving applications from students and
University area and would be overbalanced for that segment of
the community. There is also considerable turnover. She sug-
gested that all four vacancies be advertised and filled on
January 18th. it was the consensus of the Council to agree.
The inadequacy of the application and the appointment procedure
werediscussed. There was also a consensus to consider appoint-
ments as the first item on the informal agendas. Councilman
Selzer will present ideas for the application. 1301
Mayor Neuhauser moved, seconded by Perrot to reconsider
the vote on the RESOLUTION 676-463, as recorded in Resolution
Book 37, page 686, NAMING A CERTAIN PARR LOCATED WITHIN THE
CITY LIMITS OF THE CITY OF IOWA CITY, as Wetherby Park. Mo-
tion carried, 6/1, Vevera voting 'ono." It was moved by Ferret
and seconded by Balmer to adopt the Resolution. Roll call:
Ayes: Foster, Neuhauserr Perrot, Selzer, Balmer. Nays: Vevera,
deProsse- Motion carried, 5/2.
Mayor Neuhauser announced an invitation to Councilmembers
tothe Coralville Chamber of Commerce Yearender at the Car- -
ousel, 4:30-6:30 P.M., on December 31, 1976. She called
attention to the Conference of Mayors on January 17th and 18th
in Washington, D.C., which she will be attending. 3a
Councilman Balmer commended the Press -Citizen for the
editorial yesterday entitled, 'Only T e University of Iowa 2 zo5—
Can Do It." Attorney Hayek advised that the Municipal Cam-
paign Finance Ordinance would be rewritten. It was pointed
out that in the minutes of the Ralston Creek Coordinating Com-
mittee, the location of where work was being delayed concern-
ing the drainage tubes was this side of Howard Johnson Motel
on the west side of Highway 61. Regarding the Flood Plain
70
A RESOLUTION NAMING A CERTAIN PARK LOCATED WITHIN THE CITY LIMITS
OF TI4E CITY OF IOWA CITY. IOWA
WHEREAS, the City Council of the City of Iowa City, Iowa, deems it
in the best interests of the residents of the City of Iowa City,
to name parks located within the City; and
WHEREAS, the City Council by Resolution No. 72-63 established certain
guidelines for the naming of parks; and
WHEREAS, the City of Iowa City has acquired the following described
parcel of land for park purposes:
In T -79N, R -6W, 5th P.M., Section 23 thereof, a parcel
of land in the W 75 acres of the Ilk in the SWI{ of said
section 23 described as follows: Commencing at the
WE corner of the Wk in the SWI, of said section 23;
thence 2 745 feet; thence S 820 feet; thence E 745 feet;
thence N 820 feet to the point of beginning. Said
parcel contains 14 acres, more or less.
and,
WHEREAS, the Parks and Recreation Commission has recommended that
said park be named "Wetherby Park";
NOW, THEREFORE, DE IT RESOLVED by the City Council of the City of
Iowa City, Iowa, that the above described park be named "Wetherby
Park".
It as moved by Perret and seconded by Balmer
that the Re solution c a opte an upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
x deProsse
x Poster
x Neuhauser
x Perrot
x Selzer
x Vevera
Passed and approved this 28th day of December , 3976.
C All; 61111.l,,o.
if,ye
ATTEST: i RECEIVED a IPPROVED
City Clark BY THE LEGAL =2
2343.
71
RESOLUTION NO.
76-463
A RESOLUTION NAMING A CERTAIN PARK LOCATED WITHIN THE CITY LIMITS
OF TI4E CITY OF IOWA CITY. IOWA
WHEREAS, the City Council of the City of Iowa City, Iowa, deems it
in the best interests of the residents of the City of Iowa City,
to name parks located within the City; and
WHEREAS, the City Council by Resolution No. 72-63 established certain
guidelines for the naming of parks; and
WHEREAS, the City of Iowa City has acquired the following described
parcel of land for park purposes:
In T -79N, R -6W, 5th P.M., Section 23 thereof, a parcel
of land in the W 75 acres of the Ilk in the SWI{ of said
section 23 described as follows: Commencing at the
WE corner of the Wk in the SWI, of said section 23;
thence 2 745 feet; thence S 820 feet; thence E 745 feet;
thence N 820 feet to the point of beginning. Said
parcel contains 14 acres, more or less.
and,
WHEREAS, the Parks and Recreation Commission has recommended that
said park be named "Wetherby Park";
NOW, THEREFORE, DE IT RESOLVED by the City Council of the City of
Iowa City, Iowa, that the above described park be named "Wetherby
Park".
It as moved by Perret and seconded by Balmer
that the Re solution c a opte an upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
x deProsse
x Poster
x Neuhauser
x Perrot
x Selzer
x Vevera
Passed and approved this 28th day of December , 3976.
C All; 61111.l,,o.
if,ye
ATTEST: i RECEIVED a IPPROVED
City Clark BY THE LEGAL =2
2343.
71
City of Iowa
M_ ` Citgo
ORA NM,i U &q
TO: Parks DATE: December 29, 1976
and Recreation Commission
Flo Stoc}aman Chairman
FROM: Iowa City City Council
RE: Referral of Dec. 23rd.
eir
Park hCityrCounnciladoptedmeetiggthe son December 28th, the
It C'
Will
Olution naming Wetherby
OU
mattteer back [ttoo the
a memo of Dec. 23rd referring this
Abhe S p{�"
City Clerk !/
23 a1?
72
EXHIBIT K
CITY NAMING POLICY
A. Naming of Entire Building or Facility
1. The naming of an entire building, facility or parcel of real property in
recognition of an individual, organization, business or corporation, or other
entity, shall first require the approval of both an ad hoc naming committee
and City Council. The ad hoc naming committee shall be made up of the City
Manager, the relevant City Department Head, and one member from the
relevant City -affiliated foundation, if any. If the naming is in recognition of a
financial donation to the City, the donation shall be in an amount no less than
50% of the total value of the entire building, facility or parcel of real
property. Such financial donations shall be memorialized in writing in a
standardized City Naming Agreement.
2. The decision to name a public facility after an individual on account of their
historical or cultural significance or impact on the community shall be made
no sooner than two years following their death. Recommendations for such a
naming must come from the ad hoc naming committee, and be approved by
City Council.
B. Other Property. The naming of any other City property shall require the approval
of the relevant City Department Head.
C. Recognition. The entity having ultimate authority to approve the naming (City
Council or the Department Head) shall also have the authority to approve both the
wording of the naming and the means by which the naming is displayed and/or
published. Appropriate naming recognition for a philanthropic act may be made in
the form of a plaque, engraving, or other suitable form of recognition in
acknowledgement and appreciation of a specific gift.
D. Right to Rescind. The City Council reserves the right to rescind any naming or
recognition given to any individual, organization, business or corporation, or other
entity if at any time the individual, organization, business or corporation, or other
entity is found to have neglected to uphold the standards of good citizenship,
including, but not limited to, failing to make any portion of a promised financial
contribution to the City.
E. No Additional Rights. The individual, organization, business or corporation, or
other entity after whom the City structure/facility, property, or improvements is
named shall possess no additional rights to the City structure/facility, property, or
improvements bearing their time, or to any other City property.
F. Fundraising. All City Boards, Commissions, Departments, affiliated foundations,
and other City entities shall take into account these policy guidelines when
conducting fundraising campaigns, or making naming recommendations to the City
Council or Department Head.
73
Razed by Mike Moran, Parks mid Recreation Director, 220 S. Gilbert St., Iowa City, IA, (319) 3565104
RESOLUTION ADOPTING A CITY OF IOWA CITY NAMING POLICY FOR
BUILDINGS, FACILITIES OR PARCELS OF REAL PROPERTY
Resolution lio. 11-70
WHEREAS, the City of Iowa City wishes to establish a policy for the naming of City
buildings, facilities or parcels of real property; and
WHEREAS, this policy will assist in the fundraising efforts of the many city
departments, commissions and foundations by providing guidelines for the recognition of
both donors and those of historical significance to the City; and
WHEREAS, a city ad-hoc committee that assisted in developing this policy recommends
adopting this policy for the benefit of these activities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA, THAT;
1. The City Council adopts the attached City Naming Policy.
Passed and approved this tat day of March 2011.
FILAti }�
MAYOR 9
Approved by ''
Attest: tee- it� 146-- �� it
CIT LERK City Attorney's Office
75
Resolution No. 11-70
Page 2
It was moved by Champion and seconded by the Resolution be
adopted, and upon roll call there were:
AYES:
NAYS: ABSENT:
x
Bailey
x
Champion
Y
Dickens
x
Hayek
c
Mims
g
Wilburn
x
Wright
wo4�we�oeeeMresawlron:c.am
74