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HomeMy WebLinkAbout01-12-2021 Community Police review BoardMEMORANDUM COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City DATE: January 7, 2021 TO: CPRB Members FROM: Chris Olney RE: Board Packet for meeting on Tuesday January 12, 2021 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 1/12/21 • Minutes of the meeting on 12/08/20 • Minutes of the meeting on 12/22/20 • ICPD General Order 00-02 (Harassment and Sexual Harassment) • ICPD General Order 99-11 (Arrests) • ICPD General Order 00-05 (Off -Duty Conduct: Powers of Arrest) • ICPD General Order 99-10 (Domestic Violence) • ICPD General Order 00-09 (Organization) • ICPD General Order 01-09 (Narcotics, Organized Crime and Vice Investigations) • ICPD General Order 91-06 (Licensee Background Investigation) • ICPD General Order 01-04 (Bomb Threats/Emergencies) • ICPD General Order 00-04 (Body Armor) • ICPD General Order 95-01 (Emergency Operation of Police Vehicles) • ICPD Use of Force Review/Report November • Press Release City seeks feedback on preliminary plan to accelerate community policing • Updated Member Contact List • Office Contacts — December 2020 • Complaint Deadline COMMUNITY POLICE REVIEW BOARD TUESDAY, JANUARY 12, 2021 Electronic Formal Meeting — 5:30 PM ZOOM MEETING PLATFORM Electronic Meeting (Pursuant to Iowa Code section 21.8) An electronic meeting is being held because a meeting in person is impossible or impractical due to concerns for the health and safety of Commission members, staff and the public presented by COVID-19. You can participate in the meeting and can comment on an agenda item by going to hags://zoom.us'N ebinar/register/WN iDAjzEGGTdiCBKV2 FncFNv via the internet to visit the Zoom meeting's registration page and submit the required information. Once approved, you will receive an email message with a link to join the meeting. If you are asked for a meeting or webinar ID, enter the ID number found in the email. A meeting password may also be included in the email. Enter the password when prompted. If you have no computer or smartphone, or a computer without a microphone, you may call in by telephone by dialing (312) 626-6799. When prompted, enter the meeting or webinar ID. The ID number for this meeting is: 948 3891 0585 Once connected, you may dial "9 to "raise your hand," letting the meeting host know you would like to speak. Providing comments in person is not an option. ITEM NO. 1 CALL TO ORDER and ROLL CALL ITEM NO. 2 CONSIDER MOTION ADOPTING CONSENT CALENDAR AS PRESENTED OR AMENDED • Minutes of the meeting on 12/08/20 • Minutes of the meeting on 12/22/20 • ICPD General Order 00-02 (Harassment and Sexual Harassment) • ICPD General Order 99-11 (Arrests) • ICPD General Order 00-05 (Off -Duty Conduct: Powers of Arrest) • ICPD General Order 99-10 (Domestic Violence) • ICPD General Order 00-09 (Organization) • ICPD General Order 01-09 (Narcotics, Organized Crime and Vice Investigations) • ICPD General Order 91-06 (Licensee Background Investigation) • ICPD General Order 01-04 (Bomb Threats/Emergencies) • ICPD General Order 00-04 (Body Armor) • ICPD General Order 95-01 (Emergency Operation of Police Vehicles) • ICPD Use of Force Review/Report November ITEM NO. 3 NEW BUSINESS • Community Forum Discussion ITEM NO. 4 OLD BUSINESS ITEM NO. 5 PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA (Commentators shall address the Board for no more than 5 minutes. The Board shall not engage in discussion with the public concerning said items). ITEM NO. 6 BOARD INFORMATION ITEM NO. 7 STAFF INFORMATION ITEM NO. 8 MEETING SCHEDULE and FUTURE AGENDAS • February 9, 2021, 5:30 PM, Electronic Zoom Meeting • March 9, 2021, 5:30 PM, Electronic Zoom Meeting • April 13, 2021, 5:30 PM, Electronic Zoom Meeting • May 11, 2021, 5:30 PM, Electronic Zoom Meeting ITEM NO. 9 ADJOURNMENT Ifyou will need disability -related accommodations in order to participate in this program/event, please contact Chris Olney at 319-356-5043, christine-olney@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. COMMUNITY POLICE REVIEW BOARD MINUTES — December 8, 2020 Electronic Meeting (Pursuant to Iowa Code section 21.8) An electronic meeting was held because a meeting in person was impossible or impractical due to concerns for the health and safety of Board members, staff and the public presented by COVID-14. CALL TO ORDER: Chair David Selmer called the meeting to order at 5:33 p.m. MEMBERS PRESENT: Jam MacConnell (5:36), Latisha McDaniel, Amanda Nichols, Orville Townsend MEMBERS ABSENT: None STAFF PRESENT: Staff Chris Olney/Kellie Fruehling, Legal Counsel Patrick Ford STAFF ABSENT: None OTHERS PRESENT: Interim Police Chief Denise Brotherton, City Council Member Janice Weiner CPRB Liaison RECOMMENDATIONS TO COUNCIL (1) Accept CPRB #20-04 Report (2) Accept CPRB #20-09 Report (3) Accept CPRB #20-10 Report CONSENT CALENDAR Motion by Townsend, seconded by McDaniel, to adopt the consent calendar as presented or amended. • Minutes of the meeting on 11/10/20 • ICPD General Order 00-01 (Search and Seizure) • ICPD General Order 99-02 (Alarm -Open Door Response) • ICPD General Order 95-04 (Administration of Department Training) • ICPD General Order 99-10 (Domestic Violence) • ICPD General Order 99-12 (Field Interviews and 'Pat -Down Searches) • ICPD Use of Force Review/Report October 2020 • Correspondence from Carol deProsse (x2) McDaniel questioned General Order 00-01 (Search and Seizure) Leg-04.8 Section E. Execution of the Search Warrant as to why there is a recommended 30-minute pre -surveillance before a search warrant can be executed and if there was a maximum surveillance time. Interim Police Chief Brotherton explained the minimum surveillance relates to safety and quickly evolving situations and that search warrants do have a court ordered expiration date. Townsend stated he would like to see the use of force report have more details such as number of officer and public injuries. Selmer stated this could be added to the recommendation report. Selmer noted the General Orders included in the meeting packet with no redline version were reviews that had no revisions. Motion carried, 4/0, MacConnell absent. CPRB December 8, 2020 Draft NEW BUSINESS CPRB Complaint Form Legal Counsel Ford stated City staff is asking for the Boards input regarding adding a statement to the CPRB complaint form emphasizing that the CPRB only hears complaints against Iowa City police officers. McDaniel felt the complaint form should offer resources as to where a complainant could turn if the incident did not pertain to an Iowa City officer. Ford suggested the board could keep the statement generic such as to contact the city or police department where the incident took place. The board agreed to keep the statement generic and highlight or use bold type to have it stand out. Ford stated he would work with City attorney's office on language. Motion by Townsend second by Selmer to direct Legal Counsel to draft language regarding revision to the CPRB complaint form. Motion carried, 5/0. OLD BUSINESS Discussion Item No. 8 of Resolution 20-159 (Resolution of Initial City Council Commitments addressing the Black Lives Matter Movement and Systemic Racism in the wake of the murder of George Floyd by Minneapolis Police and calls for action from protesters and residents) Selmer stated the task for this meeting was to discuss draft #5. Selmer asked members if there were any concerns or suggestions for changes. Proposed change 7 McDaniel had concerns on the reasoning for proposal explanation being too specific as to stating the type of bias. McDaniel felt it should be broader to encompass other types of bias not just racial. The board agreed to remove reference to racist bias and use just bias. Proposed change 9 McDaniel felt the request to have CPRB information printed on the back of police officer business cards got lost within the paragraph and that the requests should stand out. Selmer suggested formatting as a numbered list. The board agreed to list the specifics of what the CPRB needs to improve public engagement. Townsend suggested having information about CPRB services be handed out at the time a person is issued a citation. Olney noted that complaint forms are already available at the locations listed except for the recreation centers, Fruehling added staff could place forms in those locations and update the brochure to reflect the additional locations. Proposed change 10 Selmer asked Townsend if the additional comments/concerns for consideration captured what he had expressed. Townsend stated it was. The board agreed that in order to complete the report by the deadline date of January 1, 2021 a special tentative meeting should be scheduled for December 22nd, at 6:00 p.m. CPRB December 8, 2020 Draft Nichols volunteered to add the missing footnotes and citations. Selmer volunteered to review the draft report for grammatical and spelling errors. The revised draft will be included in the next meeting packet for review. PUBLIC DISCUSSION None. BOARD INFORMATION None. STAFF INFORMATION None. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • December 22, 2020, 6:00 PM, Special Electronic Zoom Meeting • January 12, 2021, 5:30 PM, Electronic Zoom Meeting • February 9, 2021, 5:30 PM, Electronic Zoom Meeting • March 9, 2021, 5:30 PM, Electronic Zoom Meeting Motion by Selmer, seconded by McDaniel directing staff to schedule a tentative special meeting for Tuesday, December 22nd at 6:00 pm. Motion Carried, 510. EXECUTIVE SESSION Motion by Selmer, seconded by Townsend to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 510. Open session adjourned at 6:36 P.M REGULAR SESSION Returned to open session at 7:14 P.M. Motion by Selmer, seconded by Townsend to accept CPRB #20-04 report and forward to City Council as amended. Motion Carried, 5/0 CPRB December 8, 2020 Draft Motion by Selmer, seconded by Nichols to summarily dismiss CPRB #20-09 and forward report to City Council. Motion Carried, 5/0. Motion by Selmer, seconded by McDaniel to summarily dismiss CPRB #20-10 and forward report to City Council. Motion Carried, 5/0. ADJOURNMENT Motion for adjournment by Selmer, seconded by Townsend Motion carried, 5/0. Meeting adjourned at 7:15 P.M. COMMUNITY POLICE REVIEW BOARD ATTENDANCE RECORD YEAR 2019-2020 (MpPt'in4 nntp) 1/14120 2111/20 3/10/20 5/12120 6/9120 7/14120 8119/20 9/8/20 9/21/20 10115/20 10/23/20 11110/20 12/8/20 NAME FORUM Sam O O O Conaway Monique X X X X X Calpin — Jerri — O X X X X X O!E X X MacConnell Latisha O/E X X O X X X O!E X X X X X McDaniel Amanda X X X X X X X X Nichols David Selmer X X X X X X O/E X X X X X X Orville X X X X X X X X X X X X X Townsend KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting --- = Not a Member COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City, IA 52240-1826 (319)356-5041 December 8, 2020 Y 'r e.� To: City Council Complainant City Manager 'J Equity Director _ Chief of Police Officer(s) involved in complaint From: Community Police Review Board Re: Investigation of CPRB Complaint # 20-04 This is the Report of the Community Police Review Board's (the "Board") review of the investigation of Complaint CPRB # 20-04 (the "Complaint"). BOARD'S RESPONSIBILITY Under the City Code of the City of Iowa City, the Board's responsibilities are as follows: 1. The Board forwards all complaints to the Police Chief, who completes an investigation. (Iowa City Code Section 8-8-7(A).) 2. When the Board receives the Police Chiefs report, the Board must select one or more of the following levels of review, in accordance with Iowa City Code Section 8-8-7(B)(1): a. On the record with no additional investigation. b. Interview /meet with complainant. c. Interview /meet with named officer(s) and other officers. d. Request additional investigation by the police chief, or request police assistance in the board's own investigation. e. Perform its own investigation with the authority to subpoena witnesses. f. Hire independent investigators. 3. In reviewing the Police Chiefs report, the Board must apply a "reasonable basis" standard of review. This means that the Board must give deference to the Police Chiefs report, because of the Police Chiefs professional expertise. (Iowa City Code Section 8-8-7(B)(2).) 4. According to Iowa City Code Section 8-8-7(B)(2), the Board can recommend that the Police Chief reverse or modify the Chiefs findings only if: a. The findings are not supported by substantial evidence; or b. The findings are unreasonable, arbitrary or capricious; or c. The findings are contrary to a police department policy or practice, or any federal, state or local law. 5. When the Board has completed its review of the Police Chiefs report, the Board issues a public report to the city council. The public report must include: (1) detailed findings of fact; and (2) a clearly articulated conclusion explaining why and the extent to which the complaint is either "sustained" or "not sustained ". (Iowa City Code Section 8-8-7(13)(5).) 6. Even if the Board finds that the complaint is sustained, the Board has no authority to discipline the officer involved. BOARD'S PROCEDURE The Complaint was initiated by the Complainant on July 27, 2020. As required by Section 8-8-5(B) of the City Code, the Complaint was referred to the Chief of Police for investigation. The Chief's Report was filed with the City Clerk on September 15, 2020. The Board voted on October 15, 2020 to apply the following Level of Review to the Chiefs Report: On the record with no additional investigation, pursuant to Iowa City Code Section 8-8-7(B)(1)(a). The Board met to consider the Report on October 15, 2020, November 10, 2020 and December 8, 2020. Prior to the October 15, 2020 meeting, the Board reviewed audio and video recordings of'the incident FINDINGS OF FACT Officer received a call from dispatch stating there was a suicidal man who had stied himself with a knife and still had the knife with him. When the Officer arrived at the scene a wotr trt pointed out the intended suspect. When said man saw the police officer he jumped on a bicycle: ar1s1: started to ride away. The Officer called for him to stop and began to run after him. The man jumped ofthis bike and started to run, not responding to the Officer's calls to stop. When the Officer caught up to the man he was able to stop him but the man was able to break away. He ran across the four -lane road and other Officers arrived and they were able to take the man down. They were trying to put handcuffs on the man while he continued to struggle. Even though the Officers were only holding his legs and arms, the man started crying out that the Officers were going to kill him, that he could not breathe and would someone help him. Several passerby', including the complainant had stopped and were filming the incident. When the man called for help, the passersby yelled out that they could hear him. As soon as the man was handcuffed the Officers sat him up. They pulled his shirt up to see if he did have any wounds. Three officers knelt down to be face -to- face with the man and reassured him that he was not under arrest, that they wanted to help him and were going to take him to the hospital. The ambulance arrived and after some persuasion the man agreed to get on the gurney and was placed in the vehicle. The original officer who had tried to gain some rapport with the man rode in the ambulance with the attendant and the victim. ALLEGATION 1 — Discourtesy. The complainant described the Officers of being discourteous in that when they asked what had the man done the Officer said he did not know as he had just arrived. The board affirmed the opinion set forth in the report of the police chief and/or city manager. Chiefs Conclusion — Complaint not sustained Board's Conclusion — Complaint not sustained ALLEGATION 2 — Excessive use of force. The complainant alleged that excessive use of force occurred when the Officers were trying to get control of the situation. The board affirmed the opinion set forth in the report of the police chief and/or city manager. Chiefs Conclusion — Complaint not sustained Board's Conclusion — Complaint not sustained COMMENT None CPRB REPORT OF SUMMARY DISMISSAL TO THE CITY COUNCIL Re: Investigation of Complaint CPRB #20-09 On December 8, 2020, the Community Police Review Board ("CPRB") reviewed Complaint CPRB #20-09, filed November 24, 2020. The Board concurred with the findings of the Chief of Police that the complaint did not concern conduct of an Iowa City police officer. City Code, Section 8-8-3 (A) provides: A "complaint to the board" is an allegation of misconduct lodged against a sworn police officer ("police officer" or "officer") employed by the City of Iowa Citv police department, where the complained of activity occurred while the officer was acting in the capacity of a sworn police officer. City Code Section 8-8-3 (E), provides: "...those complaints to the board which do not involve the conduct of an Iowa City sworn police officer may be subject to summary dismissal by the board." In accordance with these code provisions, Complaint CPRB #20-09 was summarily dismissed. DATED: December 9, 2020 DEC 0 9 ;," Cifp Clerk fov,�a Giiy, lut'ra CPRB REPORT OF SUMMARY DISMISSAL TO THE CITY COUNCIL Re: Investigation of Complaint CPRB #20-10 On December 8, 2020, the Community Police Review Board ("CPRB") reviewed Complaint CPRB #20-10, filed December 2, 2020. The Board concurred with the findings of the Chief of Police that the complaint did not concern conduct of an Iowa City police officer. City Code, Section 8-8-3 (A) provides: A "complaint to the board" is an allegation of misconduct lodged against a sworn police officer ("police officer" or "officer") employed by the City of Iowa City police department, where the complained of activity occurred while the officer was acting in the capacity of a sworn police officer. City Code Section 8-8-3 (E), provides: "...those complaints to the board which do not involve the conduct of an Iowa Cltysworn police ofcermay be subject to summary dismissal by the board." In accordance with these code provisions, Complaint CPRB #20-10 was summarily dismissed. DATED: December 9, 2020 t DECO 9 ;, CitY Clerk fok4-,A C:itY, iavlla COMMUNITY POLICE REVIEW BOARD MINUTES — December 22, 2020 Electronic Meeting (Pursuant to Iowa Code section 21.6) An electronic meeting was held because a meeting in person was impossible or impractical due to concerns for the health and safety of Board members, staff and the public presented by COVID-19. CALL TO ORDER: Chair David Selmer called the meeting to order at 6:04 p.m. MEMBERS PRESENT: Jerri MacConnell, Latisha McDaniel, Orville Townsend MEMBERS ABSENT: Amanda Nichols STAFF PRESENT: Staff Chris Olney/Kellie Fruehling, Legal Counsel Patrick Ford STAFF ABSENT: None OTHERS PRESENT: Iowa City Police Captain Bill Campbell RECOMMENDATIONS TO COUNCIL (1) Accept CPRB Recommendations Report OLD BUSINESS Discussion Item No. 8 of Resolution 20-159 (Resolution of Initial City Council Commitments addressing the Black Lives Matter Movement and Systemic Racism in the wake of the murder of George Floyd by Minneapolis Police and calls for action from protesters and residents) Selmer asked members if there were any concerns or suggestions for changes to draft #6. None were noted. Selmer stated he was on the fence regarding proposed change #12 recommending that CPRB complaints could be filed anonymously. He felt allowing this could raise procedural as well as credibility issues that would result in an incomplete investigation of a complaint. McDaniel felt strongly that the proposal should remain in the recommendations report. McDaniel stated having the ability to file a complaint anonymously or through a third person would alleviate the fear of retaliation for reporting police misconduct. MacConnell stated the police department has procedures and policies about conduct and felt there would not be retaliation adding the complaint procedure currently allows the complainant to have a support person with them for the police interview. McDaniel noted that not everyone has a support person and feels that there should be some way for a person to file a complaint and to not be afraid of having their identity revealed. She felt that complaints are not being filed because of this. McDaniel would like to see an option for the complainant to have support from a liaison or third party throughout the complaint process. Townsend felt allowing anonymous complaints could create more problems such as how to conduct a thorough investigation if you are unable to do interviews. Ford stated City Code 8-8-5 states the complainant shall be interviewed by the Police Department and shall be entitled to have a neutral City staff person, or some other person chosen by the complainant present during the interview. Ford added that if a complaint was entered anonymously it would not CPRB December 22, 2020 Draft allow the Police Chief the ability to comply with his obligation to investigate and the board would be unable to interview the complainant if it so wished. Ford noted as a good safeguard against frivolous complaints the board could discuss the possibility of a recommendation for the CPRB to have the ability to summarily dismiss a complaint if not enough information had been provided. Selmer felt there were valid reasons discussed for keeping the recommendation in the report and the related concerns presented had been addressed. The board agreed to keep proposed change #12 in the recommendations report with additional noted concerns. Motion by Selmer, seconded by Townsend to accept the recommendations report as amended and forward to City Council. Motion Carried, 4/0, Nichols absent. EXECUTIVE SESSION Motion by Selmer, seconded by MacConnell to adjourn into Executive Session based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 4/0, Nichols absent. Open session adjourned at 7:01 P.M. REGULAR SESSION Returned to open session at 7:13 P.M. Motion by Selmer, seconded by McDaniel to grant extension request to February 1, 2021 for filing of the City/Chiefs report to CPRB for complaints 20-02, 20-05, 20-06, 20-07, 20-08. Motion Carried, 4/0, Nichols absent. ADJOURNMENT Motion for adjournment by Selmer, seconded by Townsend Motion carried, 4/0, Nichols absent. Meeting adjourned at 7:14 P.M. COMMUNITY POLICE REVIEW BOARD ATTENDANCE RECORD YEAR 2020 (Meeting Date) NAME 1114120 2/11/20 3/10n0 9/12/10 6/4/20 711420 8/1820 918/20 9121/20 FORUM 10ri5/20 1012 /20 11/10120 12/8720 1=2120 Sam Conaway O O O _ Monique Galpin X X X X x — Jerri MacConnell O X X X X X O/E X X X Latisha McDaniel O/E X X O X X X O/E X X X X X X Amanda Nichols X X X X X X X X O/E David Selmer X X X X X X O/E X X X X X X X Orville Townsend X X X X X X X X X X X X X X KEY: X = Present O = Absent O/E = Absent/Excused NM = No meeting = Not a Member Date: December 22, 2020 To: City Council From: Community Police Review Board Re: Report and recommendation of proposed changes to the Community Police Review Board pursuant to Resolution 20-159 (Resolution of Initial Council Commitments addressing the Black Lives Matter Movement and Systemic Racism in the wake of the murder of George Floyd by Minneapolis Police and calls for action from protesters and residents). The members of the Iowa City Community Police Review Board (hereafter, "CPRB") submit the following report and recommendation for proposed changes to the Community Police Review Board to enhance community oversight of the Iowa City Police Department. PROPOSED CHANGE 1— THAT IN INSTANCES OF A SUSTAINED MISCONDUCT COMPLAINT, THE CPRB BE GIVEN INFORMATION ABOUT THE CORRESPONDING DISCIPLINE, AND THAT THE CPRB BE ALLOWED TO INCLUDE IN ITS REPORT ITS FINDINGS ON WHETHER THE DISCIPLINE IS REASONABLE AND FAIR. a. Proposed Change 1 The CPRB is requesting that, upon there being a sustained report of misconduct by the Chief of Police/City Manager, that it also be provided: A report from the Chief of Police/City Manager outlining the discipline to be administered to the officer as a consequence of the misconduct. Within the report, the Chief of Police/City Manager shall detail the factors used to determiire the discipline, including: (a) The severity of misconduct in the complaint; (b� Vhether the officer was found to have committed the same or similar type of misconduct in the past; (c) Prior exemplary conduct of the officer; (d) Prior training related to the circumstances in which the officer was found to have committed misconduct; (e) Clarity of the conduct prescribed for an officer in the Iowa City Police Department's Operating Procedures relevant to the circumstances in which the officer committed misconduct; and (f) Other circumstances that call for enhancing or mitigating the discipline to be administered. Copies of the officer's: (a) discipline history, (b) exemplary conduct history, (c) the officer's training history; (d) any operating procedures relevant to the Chief of Police/City Manager's determination of discipline for the misconduct; (e) evidence or documentation relied on by the Chief of Police/City Manager of enhancing or mitigating circumstances that impacted the decision on the appropriate level of discipline to be administered; and (f) any additional documents or other evidence related to any of the above disclosures made by a reasonable request from the CPRB. b. Reasoning for the proposal The most critical role of the Community Police Review Board ("CPRB") is to provide an independent review, on behalf of the community, over the conduct of the Iowa City Police Department ("ICPD") including its Chief and all officers. When a complaint of misconduct is filed, presently, the CPRB only has authority to agree or disagree with the findings of the Chief of Police and/or City Manager as to whether or not misconduct has occurred. The CPRB is not provided with information about how an officer is disciplined in cases where misconduct is found, The CPRB believes having information regarding the disciplining of an officer, as well as any other consequences to an officer where the officer has been found to have committed misconduct, is integral to having effective oversight of the ICPD. Discipline information allows for oversight to make sure the discipline matches the offense, to help deter future misconduct, to ensure discipline is equitably administered, and to align the level of discipline and reasons for variances with precedent and the community's values. The importance of the CPRB having information is perhaps best explained by a hypothetical of an officer using excessive force resulting in serious injury to a community member. Assume that the Chief of Police issued a report finding the officer to have committed grave misconduct. Through the current CPRB complaint process, the CPRB would review the Chiefs report and file its own findings in the CPRB report. In the current system, the CPRB would sustain the Chiefs finding of misconduct, and report the same to City Council, having no information on, and making no finding regarding, discipline to the officer. Assume further, for this hypothetical, that the Chief issued no discipline to the offending officer, despite the seriousness of the misconduct, and despite such lack of accountability being in clear contradiction to the goals of the Iowa City Community. Such lack of discipline will go undetected by the CPRB under the current system. Further, instead of being able to raise public awareness as to the lack of appropriate accountability for misconduct in the ICPD, the CPRB report would be suggestive that the ICPD was correctly managing complaints of misconduct in so far as it sustained (concurred with) the ICPD's finding of misconduct. This hypothetical shows that it may do little good, or actual harm, for the CPRB to only report on the issue of whether misconduct occurred, without being able to review and opine as to the corresponding consequences when misconduct is found to have occurred. Establishing a process through which the CPRB can review and report on disciplinary decisions administered by the Chief of Police/City Manager will greatly improve the oversight into how -the ICPD holds its officers accountable for misconduct, increase transparency, and raise community confidence in the board's oversight capabilities. c. Additional comments/concerns for consideration Consensus for proposing this change was reached by the CPRB as the members found it carefully navigated the line of allowing the CPRB to remain an advisory review board and not an administration board. That is, the CPRB would still be reviewing decisions made by the administers, as opposed to administering discipline itself. The issue of how much administrative functions the CPRB should be given, especially related to discipline, was the most debated subject for the CPRB. The majority opted to remain an advisory board for reasons that include: (1) that members are not trained in employment matters, police procedures, or administration tasks; (2) the need to preserve the administration autonomy of the Chief of Police to manage the department; and, (3) the potential liability that would attach to CPRB members if they were the ones determining employment matters such as discipline. Careful consideration must be given to protect the confidentiality of information such as discipline information. It is understood that some legislative changes must occur to allow for a CPRB review to be an exception to the confidentiality laws regarding discipline information. It is believed that legislation could be narrowly tailored to permit such disclosures. This may only be possible if the discipline part of the review were to remain confidential between the City Council and the CPRB and not be a public record. Even with this limitation, the public could still have assurances that the discipline in cases where misconduct is found is being reviewed, and that the CPRB can bring concerns to the City Council in cases where the CPRB does not find the discipline to be reasonable or fair. Further, legislation should be drafted so as to limit liability that may attach to a CPRB volunteer for any accidental disclosure of confidential information. d. Additional sources relevant to the proposed change Some police review boards across the nation have access to disciplinary information and varying degrees of related authority. In Daytona for example, the Police Department will "provide the board with the full internal affairs file, unless any portions are determined to be exempt from disclosure or confidential by law." (Daytona Beach close to launching Citizens' Police Review Board, 202%. The review board will "discuss the allegations of a case, the adequacy of the investigation, the final discipline that was meted out, and whether the police leadership response was appropriate" during their public meetings. Id. In addition, "[t)he board will issue a written report that includes the name of the complainant, the name of the accused officer or officers, a summary of the allegations and board members' decisions to agree or disagree with the disciplinary findings." Id. II. PROPOSED CHANGE 2 —THE CPRB SHALL HAVE THE AUTHORITY TO REQUEST THE CITY COUNCIL HAVE A DISCIPLINARY HEARING. a. Proposed Change 2 c.a The CPRB proposes that there be a mandatory meeting within 30 days of the C131RB'S're"est to the Chief of Police/City Manager between the CPRB and the Chief of Police/City Manager to discuss the discrepancy in their respective opinions on the reasonableness and fairness of the discipline`the Chief/City Manager propose to administer. This meeting would occur only in instances wheri +all of the following circumstances exist: 1. There has been a finding of misconduct in a complaint; 2. The Chief and/or City Manager have disclosed a report with all information on their decision of how the officer will be disciplined for the misconduct (this assumes proposed change 1 has been accepted); and, 3. The CPRB disagrees with the reasonableness or fairness of the discipline to be administered by the Chief and/or City Manager. If, through the course of the meeting, the discrepancy is resolved either due to the Chief/City Manager having made an independent decision to change the discipline to be administered, or the CPRB changing their majority opinion as to the reasonableness and fairness of the discipline, the CPRB report will note that the meeting occurred and that the CPRB agrees to the reasonableness and fairness of the discipline the Chief/City Manager have determined to administer in the meeting. If, despite the meeting, the CPRB cannot conclude that the discipline to be administered by the Chief of Police is reasonable and fair, then the CPRB shall have the discretion to either (1) issue a report detailing their disagreement with the discipline, or (2) make an additional request that the City Council for Iowa City ("City Council") conduct a disciplinary hearing to independently determine whether the proposed discipline is reasonable and fair. In the event of a hearing, the CPRB shall be allowed to attend, and, in any event, be informed of all outcomes related to the hearing and/or disciplining of the officer. b. Reasoning for the proposal The majority of the CPRB believe that this proposed change would allow for the effective oversight of the disciplining of officers in cases where misconduct is found, while allowing the CPRB to remain an agent for community review and not an administrator. The goal of the review is to try to ensure that the operations of the ICPD are in line with the interests of the community. This goal can be best achieved, when, in instances of disagreement between the CPRB and the Chief/City Manager as to the appropriateness of the discipline to be administered when misconduct is found, a meeting can be held to try to reconcile the discrepancy. The CPRB is not trained or authorized in matters of disciplining police officers or employment law. Deference to the Chief/City Manager's autonomy in their capacity to govern the ICPD and their knowledge of inner working in the police department beyond the discipline of a particular case must also be given. The meeting is a forum that would allow for additional consideration of the Chiefs/Manager's position that may better inform the CPRB members of the reasonableness and fairness of the discipline to be administered. Similarly, the CPRB might inform the Chief/Manager of the community's concerns and values as it relates to disciplining of the officer(s) for the misconduct found. Thus, the meeting in instances of incongruity of opinions between the ICPD and the CPRB, would hopefully resolve the discrepancy. Such resolution would potentially save time and tax -payer money by foregoing the potential for a disciplinary hearing. The meeting is very similar to recent ordinance changes proposed by the CPRB and adopted by the City Council, to allow a meeting between the Chief/City Manager with the CPRB when there is a discrepancy between the finding of whether misconduct occurred by the Chief/City ManageF. and the CPRB. _. The CPRB requests the additional authority of being able to recommend that the City Council conduct a disciplinary hearing in cases where the CPRB and the ICPD disagree on the reasonableness and fairness of the discipline in cases when misconduct is found. The CPRB believes this gives some "teeth" to its findings that may not just be ignored by the ICPD in cases where there is a discrepancy. Importantly, though, this change would still leave the CPRB being a "review" board, as the administrative functions for determining and implementing the discipline would remain in the hands of the City Council and/or the Chief/City Manager. The effectiveness of the CPRB having the authority to recommend to the City Council to hold an independent disciplinary hearing for an officer should not be understated. First, it is the consensus of the CPRB that sunlight is the best disinfectant, and shining light on discipline matters @! that need additional review for the public has bite itself. In addition, the very real threat of City Council conducting a full disciplinary hearing, and certainly the consequences if the discipline proposed to be administered by the ICPD was found to be unreasonable and unfair by the City Council after such a hearing, give the CPRB's recommendations real effect. C. Additional comments/concerns for consideration The current CPRB is split on whether the CPRB should be given authority to administer discipline itself. A majority of the members are of the opinion that the CPRB should remain an advisory board as opposed to an administrative board rely on the following points in support of their position: • The CPRB is not trained in employment law or matters of disciplining officers. • The CPRB should not over -compromise the Chief of Police from carrying out administrative functions. • Privacy laws rightfully protect dissemination of sensitive employment information that would be required to be disclosed to make a truly informed decision on the administering of discipline in any situation. • Liability would attach to members of the CPRB when they make determinations affecting an officer's employment. • The CPRB members are appointed, and not elected as officials to make such a decision for the community. Some members of the current CPRB urge that the CPRB be given the power to administer discipline. In support of their position, they contend that CPRB decisions on misconduct are irrelevant unless their decisions carry the power to issue corresponding discipline. They would like the CPRB to have the authority to: • Discipline an officer for misconduct; • Discipline an officer for failing to cooperate with an interview or investigation into the complaint; • Require an officer to participate in mediation with a complainant; • Call for a public hearing to hire/fire an officer or Chief of Police; and, 7-3 t • If there were a disciplinary hearing that there be opportunities for the public to comment and the final decision as to the appropriate discipline to administer would.'.be matte by a majority vote of the combined bodies of the CPRB and the City Council. CPRB members wanting authority to discipline officers directly contend that such authontyand public disclosure of the disciplining of an officer is necessary to enhance the understanding ofthe officers of the ICPD's interactions with citizens, give opportunities to explain officer actions to citizens, enhance satisfaction with the complaint process, empowerthe community members —complainant and non -complainants alike, give opportunity to learn from mistakes of officers, and enhance the opportunity to meet community goals. They further contend with regards to the public hearing for hiring/firing of the Chief of Police, that such a public event would greatly improve the community confidence in their oversight of the ICPD by allowing real feedback and accountability to the community members directly. Ultimately, the consensus of the CPRB was propose the limited change for the CPRB to allow it to review discipline matters and, in the cases where the CPRB disagreed with the ICPD as to the reasonableness and fairness of the discipline, to have authority to request the City Council have a disciplinary hearing. d. Additional sources relevant to the proposed change Regarding the authority to review or administer discipline: o The Las Vegas Metropolitan Police Department Citizen Review Board makes recommendations to the Sheriff regarding discipline, policies, procedures, and programs (2020)" o Columbus, Ohio, has a measure on the ballot that would create a review board that would "make recommendations to the Division of Police, including recommendations for disciplinary actions if relevant."!!' o The Virginia State Senate recently advanced a bill that would allow review boards to ""make binding disciplinary determinations in cases that involve serious breaches of departmental and professional standards'v o Steven Morrison, a professor at the University of North Dakota School of Law, said police review "boards are probably better than nothing, but as far as changing things he believes they have minimal value unless they are given enforcement power."v Regarding the opinion of a minority group of the CPRB that the CPRB should have authority to require mediation between a complainant and officer(s): o According to a guide from the U.S. Department of Justice Office of Community Oriented Policing Services, "[m]ediation focuses on mutual understanding, problem solving, and reconciliation - all vital aspects of increasing trust between parties." ` The guide further details mutually beneficial outcomes for mediation. Id. The guide reports that, "[i]n a series of focus groups in Omaha, Nebraska, individuals were asked to discuss whether they would file a complaint in response to a hypothetical incident of police misconduct and what they wanted to achieve if they did. Many participants indicated a desire for an explanation or apology from either the officer or a responsible offici4l> or' they wanted an opportunity to express their views to the officer in person." Id. o The Alberta Law Enforcement Review Board found that in some instances, "all the citizen wants is an apology" and that mediation provides the officer with a f6Tum in which to "explain to a citizen why he or she acted in a particular manner" (Alberta Law Enforcement Review Board 1997)'"'. "Research indicates that complainants who choose mediation do report higher levels of satisfaction than those who choose the traditional process." Id. "Mediation introduces a new dimension to police accountability. In traditional complaint procedures, an officer accused of misconduct is directly accountable only to other police officers: internal affairs investigators, the immediate supervisor, and, in some instances, the chief of police "(Walker 2001). The officer never has to directly face or account to the citizen who has filed the complaint. In contrast, an officer participating in mediation is directly accountable to the citizen who filed the complaint. Mediation may help personalize American policing." Id. o In her report on community justice, restorative justice, and community policing, Caroline Nicholl explains that community justice "is shifting criminal justice from a purely adversarial approach to include problem -solving methods"" (Nicholl 2000a). o The DOJ paper would be a tremendous resource in planning as it goes beyond the benefits of mediation and details various practical ways to create a program. It states that "mediation is much less expensive than traditional complaint investigations. The Minneapolis Civilian Review Authority (CRA) pays a flat rate of $2,000 a year to the Minneapolis Mediation Center (a community -based nonprofit organization supported by funding from city and county government agencies, civic organizations, and individuals and clients) to provide mediators, who work pro Bono, to handle police cases." o There is a nonprofit mediation center in Iowa City, Mediation Services of Eastern Iowa (About Us - MSEI, 2020)"', with the structure in place like suggests. Regarding the authority to hire/fire the Chief of Police: o In Oakland, California the Mayor is required "to appoint any new Chief of Police from a list of candidates provided by the Commission" (2020)°i. III. PROPOSED CHANGE 3 —THAT AN ACCUSED OFFICER BE REQUIRED TO COMPLY WITH A CPRB INVESTIGATIONOR BE DISCIPLINED BY THE CHIEF OF POLICE/CITY MANAGER. a. Proposed change 3— The CPRB is requesting that the ordinances be changed so that the Chief of Police shall discipline an officer in the event an officer does not cooperate fully with a CPRB investigation. Discipline should occur for failure to cooperate with an investigation regardless if the officer is the one accused of the misconduct. Cooperation includes appearing for, and giving thoughtful responses under oath to, interview questions by the CPRB. b. Reasoning for the proposal Currently, as part of the CPRB investigation, the CPRB has the authority to interview -witnesses, including officers, both accused and non -accused alike. However, there is no present duty or order that requires an officer to participate in the investigation or interview. Similarly, there is no repercussion to the officer for not participating. Without such a duty or repercussion, it is likely that an Officer will not participate in the investigation, respond to a request to be interviewed, or participate in a name -clearing hearing. Indeed, the collective experience of the CPRB over the years has proven this to be true. With such repercussions, it is much more likely the Officer's participation can be secured, greatly enhancing the CPRB's investigation and ensuring more accuracy of its findings and reporting. c. Additional comments/concerns for consideration At least some members of the current CPRB have concerns over the legality of compelling an officer to testify in instances of alleged misconduct, especially when the officer may be asked to provide self -incriminating information. Also, and relatedly, officers may want or need to be represented by legal counsel to protect their interests. The CPRB, in kind, will likely also need an attorney present for consultation. This has the potential to add a large amount of taxpayer expense to the review process. It is hoped that the discretion of the CPRB would be exercised with this expense in mind so that the requirement for compelling testimony under oath would be used judiciously. It is believed such interviews may be compelled sparingly given the prevalent access to body -cameras, car -cameras, and other data that may make this part of the interview process superfluous. That said, without question, officers will be interviewed if deemed necessary to complete a thorough investigation of the facts. Further, in the interests of fairness, an officer would reasonably want the Complainant to be required to be interviewed as well. Hand in hand with this, is the chilling effect on community members filing a complaint if they may be interviewed by attorneys. d. Additional sources relevant to the proposed change None. IV. PROPOSED CHANGE 4 - A COMPLAINANT SHALL HAVE THE RIGHT TO RESPOND TO THE CHIEF'S FINDINGS IN THE CHIEF'S REPORT BEFORE THE CPRB SHALL CONDUCT ITS INVESTIGATION. a. Proposed Change 4— The CPRB is requesting that, after the Chief of Police/City Manager has issued a report to the CPRB with the findings of fact and whether allegations of misconduct are sustained, that a copy of that report be disclosed to a complainant. A complainant would then have opportunity to respond to the Chief/City Manager report for the CPRB to consider in advance of their investigation. b. Reasoning for the proposal Presently, the CPRB conducts its investigation after receiving a copy of the Chief s'report.., The Chiefs report summarizes a narrative -type complaint, identifies specific allegations of misconduct, and makes conclusions for the same. In some instances the narrative complaint and the' speeific.allegations of misconduct are clear. In others, it may be somewhat challenging to ascertain all of the allegations in the Complaint— most likely prepared without the assistance of legal counsel. ,w While the CPRB has the capacity in its review to interview a complainant in the cases of ambiguity of allegations of misconduct, this is not required. Further, there may be an unintended chilling effect on the filing of complaints if a complainant is required to be interviewed; many people would be uncomfortable about speaking to a panel of strangers investigating their sensitive matters. In any event, there is not any opportunity, otherwise, for a complainant to provide clarifying information or object to how the Chief/City Manager characterized the allegations of misconduct in their report. If a complainant were given an automatic opportunity to review the Chiefs report and respond to the CPRB in a timely fashion, the CPRB report can be more accurate, and it would be more likely that a complainant would feel his allegations were fairly identified and reviewed. c. Additional comments/concerns for consideration One can conceive that by providing a response after the ICPD has responded to a complaint may provide a complainant with a vehicle to keep tacking on complaints. Such a step might allow "too many bites at the apple." Also, in the interests of equity, the Chief and/or City Manager may want or need to have an opportunity to respond to any additional report of misconduct or clarification by the Complainant. At some point the process must stop and run its course. Still, it is believed that with careful procedural guidelines, a response from the Complainant could be incorporated that would benefit the CPRB's review. d. Additional sources relevant to the proposed change V. PROPOSED CHANGES —THE ONLINE DATABASE OF OFFICER COMPLAINTS SHALL BE IMPROVED TO ALLOW FOR QUICK SEARCHES OFCOMPLAINT HISTORY AND A COMPUTERIZED RISK -MANAGEMENT SYSTEM TO ANALYZE TRENDS. a. Proposed Change 5— The CPRB is requesting that the online public database be enhanced so that one can search complaints, discipline, and training records of any officer. Currently, to protect sensitive identifying information such as the officer's name, each officer of the ICPD has been assigned an individual tracking number. This number can be used in lieu of officers' names to allow for tracking of complaints, reports on complaints, discipline, and training records for any officer while still protecting the privacy and safety of the officers. Notably, the database shall include all complaints, not just those filed by members of the community or through the CPRB process. The database shall be searchable for snapshots for She number and type of complaints in any month or any year, their resolution, and any trends. A computerized risk -management tracking system should be implemented to quickly analyze data in search of trends. b. Reasoning for the proposal The CPRB believes that data tracking is important to its effectiveness of examining tre6os and repeated instances of misconduct carried out by a few of the officers. When evidence shows that officers who engage in misconduct tend to do so repeatedly, it is vital to be able to identify officers who have emerging patterns of complaints. Treating each complaint as an isolated incident without tracking data of individual officers makes it impossible to discover problematic officers and remove them from public engagement. Having a database online that allows the public to quickly identify all complaints for an officer will allow patterns of conduct for an individual officers to be identified and investigated. Similarly, snapshots of the type of complaints over a month, and a year, will allow for identification of trends and areas where more oversight is needed. Further, if the CPRB is given authority to review discipline, having access to other complaints, discipline, and training will be important to assess the reasonableness and fairness of the discipline. The database should be searchable type of complaint, and findings of misconduct, on a monthly and annual report, and identify the officers under the categories. This would allow any member of the community to see the trends and raise concern in the public section of the CPRB meetings. While some members of the CPRB would like names to be released, the clear majority disagreed out of concern for officer safety. A compromise was reached whereby each officer will be assigned a unique, consistent, anonymous identification number that would accompany each complaint, to allow for more thorough tracking and review while still protecting the privacy of the officer. c. Additional comments/concerns for consideration Extreme caution should be taken to protect against disclosure of identifying information of officers outside of their tracking number to protect the safety of the officer. d. Additional sources relevant to the proposed change Regarding the need to identify repeat offenders/trends: o According to a 2001 National Institute of Justice Research Brief (Walker, Alpert and Kenney, 2020)x" "10 percent of officers cause 90 percent of the problems," and investigations have revealed that approximately "two percent of all officers are responsible for 50 percent of all citizen complaints." o A publication by the West Virginia Advisory Committee to the US Commission on Civil Rights states that "Improving existing accountability procedures will assist in preventing police misconduct and will provide the public with confidence that such acts of misbehavior will be documented and that officers will be disciplined accordingly."x'v Regarding the use of tracking systems: o Computerized tracking systems have been installed in various police departments across the nation, including the Pittsburgh city police, the Los Angeles Police Department, and the New Jersey State Police, among others. In Pittsburgh, reports of police misconduct have dropped by more than half on average since the tracking system was installed." (Chapter 4: Alternative Models for Police Disciplinary Procedures, 2020)xv VI. PROPOSED CHANGE 6—ALL COMPLAINTS OF MISCONDUCT SHALL BE INCLUDED IN THE POLICE DEPARTMENT'S MONTHLY DISCLOSURES TO THE CPRB. a. Proposed Change 6 — The CPRB is requesting that copies of all complaints filed by a community member to the ICPD be included with the monthly packet of information the ICPD discloses to the CPRB. b. Reasoning for the proposal Currently, the CPRB is only given the reports from community members that are made to the CPRB directly, as well as a quarterly summary of complaints made to the ICPD. If the CPRB is provided with copies of the reports made to the ICPD and not the CPRB, it allows for the CPRB to exercise IN discretion for doing additional independent investigation of the complaint. Disclosure onamonthly basis would allow the CPR&tndosoina timely fashion. Also, since the George Floyd incident, ithas become even more obvious that many persons in our community did not have knowledge mfthe [PRBorits functions. There isavery real possibility that complainants may not have knowledge of the CPR13 when filing a complaint directly with the ICPD, This is especially true with Iowa City being a college town with many students temporarily transplanted in Iowa City. Having the reports filed with the ICPD within a month of when they were filed would help protect against these community members missing out on the oversight of the CPRB in instances they did not know ofthe CPR0. c. Additional comments/concerns for consideration d. Additional sources relevant $mthe proposed change None. 0|^ PROPOSED CHANGE 7^CPRB SHALL BE PROVIDED WITH ADDITIONAL INFORMATION UKU THE POLICE DEPARTMENT QUARTERLY REPORTS TO REVIEW FOR CERTAIN TRENDS a. Proposed Change 7— The[P88is requesting that, included inthe quarterly reports provided by|CPD, that italso be given the following information: LTotal number ofdetained individuals; iiDemographics ofthe individuals detained; iii. Total number ofarrested individuals; and, . iv. Demographics ofthose arrested. / ./ b. Reasoning for the proposal '. Perhaps asimportant a4providing anindependent examination and report ofi-ndk/k]ma|claims, istuprovide such oversight for trends and larger ways inwhich the Iowa City Police are executing its duties on a day-to-day basis. While the CPRB is provided with some information already to " assist with such larger oversight, some additional information would be useful to help protect against intentional or unintentional bias ordisproportionate outcomes. m. AddidmmaUmormmmefor consideration None. d. Additional sources relevant to the proposed change None. 11 Vlll. PROPOSED CHANGE 8—CPRB SHOULD HAVE THE AUTHORITY TO HIRE AN INDEPENDENT AUDITOR TO REVIEW THE POLICE DEPARTMENT'S INTERNAL INVESTIGATION PROCEDURES. a. Proposed Change 8 — The CPRB is requesting that it be given authority and sufficient funding to hire an independent auditor to review ICPD's internal investigation procedures. b. Reasoning for the proposal Since ultimate authority for investigatory outcomes is held by the ICPD, it is vital to ensure that its procedures are unbiased, complete, and follow best practices. A regularly scheduled independent audit (every 1-2 years at the CPRB's discretion) would provide an opportunity for the Police Department to receive consistent review and recommendations for improvement that can be implemented in the interims. In addition, the CPRB should have the authority to recommend an audit if they believe that there is an immediate procedural issue that cannot be reconciled through other means. None. c. Additional comments/concerns for consideration d. Additional sources relevant to the proposed change Other cities that have used independent auditors to review police procedures include but are not limited to: o Charleston SC(httos://www.charieston-sc.gov/2250/Racial-Bias-Audit), o North Charleston SC, (Yee, 2020)x" (Dennis and Yee, 2020)"v", o Salem NH, (Audit of Community Policing Policies, Procedures and Programs, 2020)x"" (Police Audit I Salem NH, 2020)xIx o Albany NY(https://www.timesunion.com/newslarticle/Albany-hiring-firm-to-studv- racia I-bias-in-pol ice-15509749. php), o Roswell (https://www.ajc.com/news/local/roswell-pay-77k-for-external-audit-police- department/EfCl6kzsYigRhzhIOBUYSK/ ), o Vallejo CA (https://www.nbcbavarea.com/news/local/north-bav/valleio- o-release- thi rd-party-audit-of-pol ice-dept-next-week/2308338/), a Eugene OR (https://www.eugene-or.gov/DocumentCenter/View/18785/Civilian=Revii Board -Policies), o Los Angeles CA, (http://www.lapdonline.org/inside the lapd/content basic view/8772) IX. PROPOSED CHANGE 9 — CPRB SHALL BE PROVIDED CITY FUNDING TO PROMOTE AWARENESS OF THE CPRB AND ENHANCE ACCESSIBILITY TO ITS SERVICES. a. Proposed change 9 — The CPRB is requesting that it have sufficient funds provided to advertise its existence, services, and make its services more accessible to the public. This would include, but not be limited to, funds for 12 outreach activities, meetings being streamed live, and enhancements to the website to make them more user friendly. b. Reasoning for the proposal After the George Floyd incident and the protests, attendance at our meetings and public forum was high, and a common report from feedback from the community was that they did not previously know of the CPRB. It was also obvious many in the community who were informed enough to attend the CPRB forum did not have a clear understanding of the purpose or function of the CPRB. Presently, there is little effort or funding provided to inform the community about the CPRB. To be effective, the CPRB needs to improve public engagement. The CPRB proposes the following specifically: 1. Making the CPRB website more user friendly; 2. Having all CPRB meetings live streamed on the City of Iowa City Facebook page (and posted about on that page in advance), 3. Holding community forums twice a year, 4. Having basic CPRB contact info printed on the back of every police officer card. (The suggestion was offered during our 2020 Community Forum by one of the longtime community members who just recently learned of the CPRB); 5. Having funds to host other awareness activities from time to time; and, 6. Having information about the CPRB services provided to every community member at the time they are issued a citation or at the time they are released from custody in the event they were arrested. c. Additional comments/concerns for consideration a None. > c; d. Additional sources relevant to the proposed change The Eugene, OR CRB Code states that its board is to "conduct outreach activities and dis3eminate information throughout the community" and "seek open, candid and non -defensive dialogue -with stakeholders to both educate and learn from different communities in Eugene." (EUGENE CIVILIAN REVIEW BOARD POLICIES and PROCEDURES MANUAL)'" X. PROPOSED CHANGE 10—COMPLAINANTS SHALL HAVE ACCESS TO A LAWYER AND SOCIAL WORKER/MEDICAL PROFESSIONAL WITH TRAUMA AWARENESS TRAINING FOR PURPOSES OF ASSISTING COMPLAINANTS THROUGHOUT THE COMPLAINT PROCESS. a. Proposed Change 10 — The CPRB proposes that community members have access to both legal counsel and a social worker or other medical professional with trauma awareness training for purposes of facilitating and assisting complainants with a CPRB complaint throughout the complaint process. 13 b. Reasoning for the proposal It is reasoned that community members file complaints against officers because they believe they have been wronged. It is therefore important to acknowledge that the experience may have been traumatic for a complainant. Indeed, some community members have reported the trauma from the underlying event, and a separate trauma from fear associated with reporting the complaint, including fear of retaliation, fear of sharing a personal traumatic event, and fear of their claims being judged as either validated or invalidated. Such trauma deserves a trained professional to help a complainant at the outset of the complaint process and through to its resolution. It should be recognized that in CPRB complaints, there is an inherent imbalance of power due to the complaints being against an officer who has several advantages including access to reports and information, familiarity with procedures and personnel, and levels of tort immunity. While the CPRB tries to be accessible to all members of the community and strives to make the complaint process as straight forward as possible, the process can be daunting and pose certain challenges. This may be especially true for marginalized populations such as community members that are undocumented, unhoused, sex workers, drug users, and/or formerly incarcerated. Put simply, some members of the community simply do not have the capacity or resources to file an effective complaint. Having access to legal counsel would greatly assist community members with the filing of complaints. They will be informed of legalities, have clarity of the process, as well as other assistance that would greatly enhance the complaint process. c. Additional comments/concerns for consideration At least some members of the CPRB are of the opinion that If Iowa City provides the complainant services such as use of a lawyer and/or social worker/medical professional with trauma awareness training, that the mere act of providing such services would be an admission of culpability by the City on behalf of the ICPD for its alleged conduct in any complaint. Further, such services could be laying a foundation for a complainant to initiate legal actions against an officer and/or Iowa City regardless of the actual merits of a complaint. The majority of the CPRB believe that Iowa City can provide the legal and medical services for a complainant without acknowledging culpability. To the contrary, legal counsel and trauma/medical professionals for the complaint process in some instances might facilitate a more thorough and' meaningful resolution of an incident for a complainant— regardless of the complaint being sustained or even filed. Having assistance to understand the events and processes might reduce the need for additional litigation and draw a sense of closure and completeness to the incident in which the''' community member perceived to be harmed. d. Additional sources relevant to the proposed change Evidence suggests that individual -level secondary prevention interventions aimed at bolstering resilience and reducing the likelihood of adverse effects following trauma are effective." (authors & Magruder).` "Trauma affects how victims see themselves" and "these beliefs affect how victims respond to services and the criminal justice system and underscore the importance of task forces taking a 14 trauma -informed approach, not only through service delivery but also throughout the investigation" process. (Human Trafficking Task Force e-Guide)-" "Public health impact of trauma exposure is staggering for both communities and individuals" and that "the social environment can stimulate recovery after trauma." (authors & Magruder). "The perception of social support has been found to be an influential factor for the effects of traumatic events on the individual as well as the community" (Kleber, 2019Y.M. "Many suggest that a true public health approach requires mental health integration beyond primary care to include sectors such as education, justice, welfare, and labor through partnerships with government, non -governmental organizations, and the faith -based community." (Collins, Insel, Chockalingam, Daar, & Maddox, 2013; Ko et al., 2008) Providing a professional trained in trauma awareness to complainants would be a step towards such integration. Urbana, Illinois Community Police Review Board has a designated representative to provide mental support and other relevant assistance with the complaint process for the complainant. (https://www.city.urbana.il.us/ Agendas - Packets - Minutes/Agendas 2006/07-10- 2006/Citizen Police Review Ordinance Draft.pdf). See, also: Columbia, Missouri (https•//www Como gov/law/wo-content/uploads/sites/5/2016/04/CPRB-Brochure pdf), Dallas, Texas(http://mothersagainstpolicebrutality.org/wp-content/uploads/2018/03/Task-Force- Report-o n-Citizen-Review-of-Police-15-February-2017-FI NAL. pdf). XI. PROPOSED CHANGE 11— EXPAND THE MEMBERSHIP OF THE CPRB FROM FIVE TO SEVEN OR NINE MEMBERS, WITH AN EMPHASIS ON MINORITY REPRESENTATION AND REPRESENTATION FROM A CURRENT OR FORMER MEMBER OF THE POLICE OR POLICE POLICY EXPERT. a. Proposed Change 11— The CPRB requests to change its membership from the current five -member -board to having seven or nine members. In selecting from candidates for the CPRB, an emphasis shall be placed on persons being of a minority race, requiring at least four of the members shall be from a minority race. Further, it should be made mandatory that at least one member be a current or former member of the police force or otherwise considered an expert in police procedures and/or police policies. b. Reasoning for the proposal Having additional members increases the diverse opinions of the board, will disperse�the workload, and allow for larger subgroups to meet without constituting a quorum and triggering the public meeting requirement. As is, the current members are volunteering time to review individual complaints. This almost always entails watching hours of video footage, possible additional investigations, procedural discussions, voting, report writing, and review of report before its filing. Members also review various police ordinances and policies, as well as quarterly reports from the police. Besides this, members are tasked with writing public forum reports, and, from time to time, having various sub -committees for purposes of completing tasks. Presently, subcommittees can only be comprised of two members as more would entail a forum requiring a public meeting. There is a large 1s time and workload commitment required of the CPRB members. Proposed change outlined in this document would only increase, in some cases dramatically, the amount of work being carried by a five - member volunteer board. With additional members, the individual burden would be lessened. With regards to the composition being favorable to minority groups, this stems from an agenda to help achieve racial equality in the justice system. Objective data points to clear racial disparities in policing on a statewide and national level. Having a minimum composition of members from minority groups for overseeing the police would help protect minority interests in the carrying out of CPRB reviews. The Board feels there should be no less than three members who are of a minority race if the CPRB is increased to seven members, and no less than four members who are of a minority race if the CPRB is increased to nine members for its composition. To help ensure fairness and equity in the review process, the recommendation that one member of the board have a police background shall become mandatory. It is important that, when reviewing police conduct, someone with police experience and training be consulted. If there were concerns over objectivity, perhaps the residency requirements for this member should be waived, and/or a police procedure expert be retained for the CPRB to consult with regularly during the closed sessions. c. Additional comments/concerns for consideration None. d. Additional sources relevant to the proposed change None. XII. PROPOSED CHANGE 12 - CPRB complaints should be permitted whether filed anonymously or through third persons so long as there is sufficient knowledge -of the underlying circumstances. ho a. Proposed Change 12 — The CPRB is requesting that complaints be permitted whether they are filed anonymously or through third persons without naming individual complainant, so long a sufficient personal knowledge of the underlying circumstances is alleged in the complaint. b. Reasoning for the proposal The purpose of the CPRB is to provide effective community oversight of the ICPD. If information can be brought forward to help identify instances of misconduct without the need of the person who was perceived to have been harmed being personally named, the CPRB procedures should allow it, provided there are sufficient safeguards against unfounded complaints being filed. Allowing for anonymity may well remove a very real obstacle preventing community members from filing complaints: fear of public humiliation and/or retaliation by those implicated in the complaint. This could especially be true with several marginalized members of the community including those that are undocumented, unhoused, sex workers, drug users, and/or those formerly incarcerated. These members statistically have a higher number of interactions with the police and are more likely to be 16 subject to police misconduct. This change would provide some assurances that they can file a complaint without retaliation. Perception of fairness and equity is also important for the community members to have faith in the CPRB system. Currently, for a CPRB complaint, the identity of the complainant is disclosed while the identity of an officer implicated in a complaint of misconduct is not. This seems inequitable, especially considering the inherent power imbalance in filing a complaint against a police officer, and can be resolved with the option to file anonymously. To protect against unfettered complaints being filed against officers, a threshold requirement for the complainant to allege sufficient facts to demonstrate the complainant has personal knowledge of the underlying circumstances alleged in a complaint should be put in place. c. Additional comments/concerns for consideration Some members of the CPRB are fearful that allowing a complaint without the identity of the complainant and their respective attestation to the truth of the statements (the current system), will open the floodgates for frivolous complaints. Those minority members believe the CPRB complaint process could be used to harass officers and deter them from interacting with certain members of the community that might try to use the process to retaliate against officers themselves. The majority of the CPRB believes that the safeguard of requiring demonstration of personal knowledge of the events will check potential abuses. Another procedural safeguard that could be put in place would be to give the CPRB authority to summarily dismiss a complaint if there is not enough credible information in the filing of an anonymous complaint. Further, until abuses of frivolous complaint filing occurs with regularity, the majority of the CPRB believes the benefits for incorporating this change outweigh the costs. Additional concerns have been raised about the procedural issues anonymous complaints will raise. For example, how will the Chief of Police/City Manager and the CPRB contact the complainant to inform them of the steps in the process? It is understood that as part of the Chiefs obligations under the current ordinance, Chief must interview a complainant; something that cannot be done if tlre�' complainant is anonymous. c.> The majority members believe that there could be procedural changes such as a liaison contact or some requirement for contact information to be disclosed to the CPRB but remain confidential to the police and public. Currently, the officer's identity is kept confidential in the complaints. Them may be solutions akin to the confidentiality measures for the officers that could be extended to a complainant that would allow for anonymous complaints to be filed without procedural technicalities that would make them impossible. d. Additional sources relevant to consideration of the proposed change The National Association For Civilian Oversight of Law Enforcement (NACOLE) supports anonymous reporting and complaints of police misconduct may be filed anonymously in: Cleveland, OH'"'° x" Anonymous reporting in Seattle, WAm! Anonymous reporting in Wolcott, CP" 11 M XIII. PROPOSED CHANGE 13—THE STATUTE OF LIMITATION FOR FILING A CPRB COMPLAINT SHALL BE LENGTHENED FROM 90 DAYS AFTER THE DATE OF THE ALLEGED MISCONDUCT, TO 280 DAYS AFTER THE ALLEGED MISCONDUCT. a. Proposed Change 13 — The CPRB requests that the timeline for allowing a member of the community to file a complaint with the CPRB be extended from 90 days after the underlying incident of misconduct alleged in the complaint to 180 days from the same. b. Reason for the proposal When a community member has had an interaction with an officer that may warrant the filing of a complaint, there needs to be time to process the occurrence, and perhaps handle other ways the encounter impacted them including loss of job, criminal charges, and trauma. The CPRB believes 180 days from the date of the alleged incident better accommodates complainants with those circumstances. The CPRB further believes that such an extension still preserves the recency of the events so that memories may be recalled and evidence gathered. c. Additional comments/concerns for consideration Some members of the CPRB support having no statute of limitations. In support they site the trauma and fear that may be associated with being a victim of police misconduct that woui'd take perhaps several years or more to bring forward. The majority of the CPRB members, however, believe the 180 days is a better balance between allowing sufficient time to file a complaint and the ability to investigate a complaint with recent evidence. d. Additional sources relevant to the proposed change For comparison, the deadline to file a complaint to either the Iowa Civil Rights Commission or the Iowa City Office of Equity and Human Rights is 300 days. Mh The Daytona Beach News -Journal. 2020. Daytona Beach Close To Launching Citizens'Police Review Board. [online] Available at: <https://www.news-iournalonline.com/story/news/local/volusia/2020/09/24/daytona-beach-to-choose- citizens-polite-review-board-members/5850368002/> [Accessed 28 October 2020]. " 2020. [online] Available at: <https://www.lvmpd.com/en-us/Pages/InternalAffairs-Citizen ReviewBoard.aspx> [Accessed 28 October 2020]. "' 2020. [online] Available at: <https://www.lvmpd.com/en-us/Pages/InternalAffairs-CitizenReviewBoard.aspx> [Accessed 28 October 2020]. "2020. [online] Available at: <https://www.lvmpd.com/en-us/Pages/InternalAffairs-CitizenReviewBoard.aspx> [Accessed 28 October 2020]. 2020. [online] Available at: <https://www.lvmpd.com/en-us/Pages/InternalAffairs-Citizen ReviewBoard.aspx> [Accessed 28 October 20201. m " Walker, Samuel, Carol Archbold and Leigh Herbst, Mediating Citizen Complaints Against Police Officers: A Guide for Police and Community Leaders Web Version (Washington, DC: Government Printing Office, (2002) " Alberta Law Enforcement Review Board. 1997. Judgments. Edmonton, AB: Alberta Law Enforcement Review Board. """ Walker, S. 2001. Police Accountability: The Role of Citizen Oversight. Belmont, CA: Wadsworth " Nicholl, C. 2000a. Community Policing, Community Justice, and Restorative Justice. Washington, DC: Government Printing Office. " Walker, Samuel, Carol Archbold and Leigh Herbst, Mediating Citizen Complaints Against Police Officers: A Guide for Police and Community Leaders Web Version (Washington, DC: Government Printing Office, (2002) "' MSEI. 2020. About Us - MSEI. [online] Available at: <https://mediateiowa.org/about-us/> [Accessed 6 November 2020]. "" Cao-94612.s3.amazonaws.com. 2020. [online] Available at: <https://cao- 94612.s3.amazonaws.com/documents/o@k062931.pdf> [Accessed 1 November 2020]. ""' Walker, S., Alpert, G. and Kenney, D., 2020. Early Warning Systems: Responding To The Problem Police Officer. [online] Ncjrs.gov. Available at: <https://www.ncjrs.gov/pdfflesl/nij/188565.pdf> [Accessed 6 November 2020]. xiv Coping with Police Misconduct in West Virginia: Citizen Involvement in Officer Disciplinary Procedures —A Review of Existing Law, Legislative Initiatives, and Disciplinary Models. (n.d.). Retrieved September 1?, 2020, from https://www.usccr.gov/pubs/sac/wv0lo4/main.htm r to Usccr.gov. 2020. Chopter4: Alternative Models For Police Disciplinary Procedures. [onlinef_Availa6le at: <https://www,usccr.gov/pubs/sac/wv0lG4/ch4.htm> [Accessed 6 November 2020]. "'Yee, G., 2020. [online] Available at: <https://www.postandcourier.com/news/north-charleston-offi' [Accessed 31October 2020]. "I! Dennis, R. and Yee, G., 2020. [online] Available at: <https://www.postandcourier.com/news/north-charleston- awards-contract-for-long-awaited-race-bias-audit-of-pol ice-force/article_9841779e-09a6-lleb-bD38- cb026ceed72b.html> [Accessed 2 November 2020]. ""`! Cityofsalem.net. 2020. Audit Of Community Policing Policies, Procedures And Programs. [online] Available at: <https://www.cityofsalem.net/Pages/police-audit.aspx> [Accessed 1 November 20201. " Townofsalemnh.org. 2020. Police Audit / Salem NH. [online] Available at: <https://www.townofsalemnh.org/home/news/police-audit> [Accessed 30 October 2020]. "" Coping with Police Misconduct in West Virginia: Citizen Involvement in Officer Disciplinary Procedures —A Review of Existing Law, Legislative Initiatives, and Disciplinary Models. (n.d.). Retrieved September 12, 2020, from https://www.usccr.gov/pubs/sac/wvol04/main.htm ""' Authors, A., & Magruder, K. (n.d.). Trauma is a public health issue. Retrieved October 11, 2020, from https://www.ta ndfonli ne.com/doi/full/10.1080/20008198.2017.1375338 ou "'i Human Trafficking Task Force e-Guide. (n.d.). Retrieved November 04, 2020, from https://www.ovcttac.gov/taskforcegu ide/egu ide/4-su pporting-victi ms/41-using-a-tra uma-i nformed-approach/ """' Kleber, R. (2019, June 06). Trauma and Public Mental Health: A Focused Review. Retrieved October 13, 2020, from https://www.frontiersin.org/articles/10.3389/fpsyt.2019.00451/full °"!' FAQs. (n.d.). Retrieved October 9, 2020, from https://www. nacole.org/fags?fbclld=IwAR2fuO7OU7ixwrOkzlrisKZkh bx8jBlq_iOG06epR lwOz8RuQ_1TUvleo9i "" City of Cleveland Office of Professional Standards Civilian Police Review Board. (n.d.). Retrieved October 11, 2020, from http://www.clevelandohio.gov/sites/default/files/ops_publications/OPS_BrochureEnglish.pdf "" Anonymous Complaint Form. (n.d.). Retrieved October 11, 2020, from https://www.seattle.gov/opa/complaints/file-a-complaint/anonymous-complaint-form "I Civilian Police Review Board. (n.d.). Retrieved October 11, 2020, from https://www.wolcottPd.org/about/civilian-police-review-board/ """' Iowa Civil Rights Commission 2020. [online] Available at: (https://www.icpov.ore/city-govemment/departments-and- Iowa City Office of Equity and Human Rights divisions/equity-and-human-rights); 2020. [online] Available at: (https)/icrc.iowa.gov/file-complaint). 20 PER-02.1 PIOWACITy .-.SSMENT AND SEXUAL - .SSMENT ICE 11 Date of Issue General Order Number JUNE 30, 2000 00-02 Effective Date Section Code November 24, 2020 PER-02 Reevaluation Date Amends/Cancels November 2021 C.A.L.E.A. Reference 26.1.3 INDEX AS: Harassment Complaint Procedures Sexual Harassment Supervisor Responsibilities I. PURPOSE The purpose of this order is to maintain a healthy environment in which all individuals are treated with respect and dignity and to provide procedures for reporting, investigating and resolving complaints of harassment and discrimination. The City Code provides for the protection in employment of classes of persons based on race, color, sex, religion, age, disability, national origin, sexual orientation, creed, marital status, and gender identity. 11. POLICY It is the policy of the Iowa City Police Department that all employees have the right to work in an environment free of all forms of harassment by employees, whether sworn, civilian, or volunteer, as well as non -employees who conduct business with this agency. This agency considers harassment and discrimination serious misconduct. Therefore, the Iowa City Police Department shall take direct and immediate action to prevent such behavior, and to remedy all reported instances of harassment and discrimination. A violation of this departmental policy can lead to discipline up to and including termination. III. DEFINITIONS Sexual harassment is unwelcome conduct which affects a term or condition of employment or creates an intimidating, hostile or offensive working environment. Sexual harassment may take the form of deliberate or repeated unsolicited verbal comments, questions, representations or physical contacts of either a sexual or non -sexual nature which are unwelcome to the recipient or observer. Even harassment that is not of a sexual nature, if sufficiently pervasive and offensive, is prohibited in the workplace. Sexual harassment may also take the form of making or threatening to make decisions affecting an employee's job on the basis of an acceptance or refusal of a request for sexual intimacy. IV. PROCEDURES Sexual harassment is a form of misconduct which undermines the integrity of the employment relationship. Such harassment is prohibited for all employees, regardless of their status, and includes supervisors, subordinates and co- workers. No employee, regardless of their gender identity, should be subjected to such conduct. Sexual harassment may also occur between same sex employees. Sexual harassment may take the form of verbal or physical conduct that has the purpose or effect of creating an intimidating, hostile, or offensive working environment. This type of prohibited activity may take the form of sexually explicit or vulgar language, sexual jokes or innuendo, unwelcome touching, lewd gestures or physical conduct and distributing/displaying material via email, text or social medial that is sexually suggestive, but is not limited to such activity. It may also include more subtle actions which are directed at an individual. Racial, creed, ethnic, religious, age, sexual orientation, gender identity, national origin or disability harassment is also a form of serious employee misconduct, is prohibited for all employees, who are subject to disciplinary actionlup to and including termination for violations. PROHIBITED ACTIVITY 1. No employee shall either explicitly or implicitly ridicule, mock, deride or belittle any person. 2. Employees shall not make offensive or derogatory comments to any person, either directly or indirectly, based on race, color, sex, religion, age, disability, sexual orientation, national origin, creed, marital status, genetic information, veteran status, or other class/category protected by federal, state, or local law including epithets, slurs, and negative stereotyping. Such harassment is considered serious misconduct, subject to disciplinary action, up to and including dismissal from the Department. 3. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: a. Submission to such conduct is made either explicitly or implicitly a term or condition of employment. IJ4cai7+�c1 b. Submission to or rejection of such conduct by an employee is used as the basis for employment decisions affecting the employee; or c. Such conduct has the purpose or effect of unreasonably interfering with an employee's work performance or creating an intimidating, hostile or offensive working environment. 4. Individuals covered under the policy include all persons employed with the department, whether sworn or civilian. This policy also covers all volunteers and interns associated with the department. SUPERVISOR / EMPLOYEE RESPONSIBILITIES Each supervisor shall be responsible for preventing acts of harassment. This responsibility includes but is not limited to: 1. Monitoring the unit work environment on a daily basis for signs that harassment may be occurring; 2. Counseling all employees on the types of behavior prohibited, and the departmental procedures for reporting and resolving complaints of harassment; 3. Stopping any observed acts that may be considered harassment, and taking appropriate steps to intervene, whether or not the involved employees are within his/her line of supervision; and 4. Taking immediate action to prevent retaliation towards a complaiwing party and to eliminate any hostile work environment, where there hs been a complaint of harassment, pending investigation. a. If a situation requires separation of the parties, care should betaken to avoid actions that appear to punish the complainant.? b. Transfer or reassignment of any of the parties involved should be voluntary if possible and, if non -voluntary, should be temporary pending the outcome of the investigation. Each supervisor has the responsibility to assist any employee of this department, who comes to that supervisor with a complaint of harassment, in documenting and filing a complaint with the Chief of Police for investigation. Each employee of this agency is responsible for assisting in the prevention of harassment through the following acts: 1. Refraining from participation in, or encouragement of, actions that could be perceived as harassment; 2. Reporting acts of harassment to a supervisor; and 3. Encouraging any employee who confides that he/she is being harassed or discriminated against to report these acts to a supervisor. J#:ar!7+K! Failure of an employee to carry out the above responsibilities may be considered in any performance evaluation or promotional decision and may be grounds for discipline. COMPLAINT PROCEDURES 1. Any employee encountering harassment is encouraged to inform the harassing person that his/her actions are unwelcome and offensive. The employee is encouraged to document all incidents of harassment in order to provide the fullest basis for investigation. 2. Any employee who believes that he/she is being harassed should report the incident(s) to their supervisor, the City Attorney's Office, or the Human Resource Administrator as soon as possible, so steps may be taken to protect the employee from further harassment, and appropriate investigative and disciplinary measures may be initiated. The Chief shall forward all reports to Human Resources or the City Attorney's Office. In instances where the Chief of Police is accused of harassment, the City Manager shall be notified who will either direct the investigation or designate someone to do so. a. The supervisor or other person to whom the complaint is given shall meet with the complaining employee and document the incident(s) complained of, the person(s) performing or participating in the alleged harassment, witnesses to the incident(s) and the date(s) on which it occurred. b. The employee taking the complaint shall promptly submit a confidential memorandum documenting the complaint to the Chief of Police. 3. The internal investigating authority designated by the Chief of Police shall be responsible for investigating any complaint alleging harassment or discrimination. a. The internal investigating authority shall immediately notify the Chief of Police and both the City and County Attorney's offices if the complaint contains evidence of criminal activity, such as assault, sexual assault or attempted sexual assault. b. The investigator shall include a determination as to whkher other employees are being harassed by the person, and whether other agency members participated in or encouraged the harassment. c. The Chief of Police shall inform all parties involved of the outcome of the investigation. d. A file of harassment complaints shall be maintained in the office of the Chief of Police and the Chief of Police shall compilerfan annual summary of all harassment complaints. e. Findings of the investigation shall be entered into the' member's personnel file in accordance with departmental guidelines on internal investigations. The complaining party's confidentiality will be maintained throughout the investigative process to the extent practical and appropriate under the particular circumstances. 4. Complainants or employees accused of harassment may file a grievance/appeal in accordance with departmental procedures, applicable state law and union contract when they disagree with the findings of the investigation or disposition of the harassment claim. 5. This policy does not preclude any employee from filing a complaint or grievance with an appropriate outside agency. RETALIATION 1. There shall be no retaliation against any employee for filing a harassment or discrimination complaint, or for assisting, testifying or participating in the investigation of such a complaint. 2. Retaliation against any employee for filing a harassment or discrimination complaint or for assisting in the investigation of such a complaint is illegal and is prohibited by this department and by federal, state, and local laws. 3. Retaliation is a form of employee misconduct. Any evidence of retaliation shall be considered a separate violation of this policy and shall be handled by the same complaint procedures established for harassment and discrimination complaints. 4. Monitoring to ensure that retaliation does not occur is the responsibility of the Chief of Police, supervisors and the internal investigative authority. V. CITY POLICY See also the City of Iowa City Personnel Policies adopted by City Council which apply to all members of Department. Denise Brotherton, Interim 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. 7 REDLINE VERSION Red highlights are deletions Green highlights are additions PER-02.1 HARASSMENT AND I:I=1:7=F'�. Date of Issue General Order Number JUNE 30, 2000 00-02 Effective Date Section Code November 24, 2020 PER-02 Reevaluation Date Amends / Cancels K November 2021 C.A.L.E.A. Reference ` 26.1.3 INDEX AS: Harassment Complaint Procedures Sexual Harassment Supervisor Responsibilities PURPOSE The purpose of this order is to maintain a healthy environment in which all individuals are treated with respect and dignity and to provide procedures for reporting, investigating and resolving complaints of harassment and discrimination. provides for the protection of classes of persons based on race, color, sex, reli ion, a e, disabilit national origin, sexual orientation, II. POLICY It is the policy of the Iowa City Police Department that all employees have the right to work in an environment free of all forms of harassment by employees, whether sworn, civilian, or volunteer, as well as non -employees who conduct business with this agency. This agency considers harassment and discrimination serious misconduct. Therefore, the Iowa City Police Department shall take direct and immediate action to prevent such behavior, and to remedy all reported instances of harassment and discrimination. A violation of this departmental policy can lead to discipline up to and including termination. 1»;aye; III. DEFINITIONS Sexual harassment is unwelcome conduct which affects a term or condition of employment or creates an intimidating, hostile or offensive working environment. Sexual harassment may take the form of deliberate or repeated unsolicited verbal comments, questions, representations or physical contacts of either a sexual or non -sexual nature which are unwelcome to the recipient or observer. Even harassment that is not of a sexual nature, if sufficiently pervasive and offensive, is prohibited in the workplace. Sexual harassment may also take the form of making or threatening to make decisions affecting an employee's .ob on the basis of an acceptance or refusal of a request for sexual intimacy. IV. PROCEDURES Sexual harassment is a form of misconduct which undermines the integrity of the employment relationship. Such harassment is prohibited for all employees, regardless of their status, and includes supervisors, subordinates and co- workers. No employee, should be subjected to such conduct. Sexual harassment may also — between same sex employees. Sexual harassment may take the form of verbal or physical conduct that has the purpose or effect of creating an intimidating, hostile, or offensive working environment. This type of prohibited activity may take the form of sexual1 explicit or vulgar language, sexual tikes or innuendo, unwelcome touchin , lewd gestures or Physical conduct but is not limited to such activity. It may also include more subtle actions which are directed at an-indivii6l. Racial, creed, ethnic, religious, age, sexual orientation, gender identii� national origin or disability harassment is also a form of serious employee misconduct, is prohibited for all employees, who are subject to disciplinary�cfrpn7up to"and including termination for violations. PROHIBITED ACTIVITY X_ 1. No employee shall either explicitly or implicitly ridicule, mock, deride or belittle any person. M Employees shall not make subject to d Department. offensive or derogatory comments to any is =considered serious misconduct, action, up to and including dismissal from the 3. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: a. Submission to such conduct is made either explicitly or implicitly a term or condition of employment. b. Submission to or rejection of such conduct by an employee is used as the basis for employment decisions affecting the employee; or c. Such conduct has the purpose or effect of unreasonably interfering with an employee's work performance or creating an intimidating, hostile or offensive working environment. 4. Individuals covered under the policy include all persons employed with the department, whether sworn or civilian. This policy also covers all volunteers and interns associated with the department. SUPERVISOR / EMPLOYEE RESPONSIBILITIES Each supervisor shall be responsible for preventing acts of harassment. This responsibility includes but is not limited to: 1. Monitoring the unit work environment on a daily basis for signs that harassment may be occurring; 2. Counseling all employees on the types of behavior prohibited, and the departmental procedures for reporting and resolving complaints of harassment; 3. Stopping any observed acts that may be considered harassment, and taking appropriate steps to intervene, whether or not the involved employees are within his/her line of supervision; and 4. Taking immediate action to prevent retaliation towards a compla�rking party and to eliminate any hostile work environment, where there has been a complaint of harassment, pending investigation. a. If a situation requires separation of the parties, care shoutd b3 taken to avoid actions that appear to punish the complainant. = -` b. Transfer or reassignment of any of the parties invoke §Mould be voluntary if possible and, if non -voluntary, should tie temporary pending the outcome of the investigation. Each supervisor has the responsibility to assist any employee of this department, who comes to that supervisor with a complaint of harassment, in documenting and filing a complaint with the Chief of Police for investigation. Each employee of this agency is responsible for assisting in the prevention of harassment through the following acts: 1. Refraining from participation in, or encouragement of, actions that could be perceived as harassment; PER-02.4 2. Reporting acts of harassment to a supervisor; and 3. Encouraging any employee who confides that he/she is being harassed or discriminated against to report these acts to a supervisor. Failure of an employee to cant' out the above responsibilities may be considered in any performance evaluation or promotional decision and may be grounds for discipline. COMPLAINT PROCEDURES 1. Any employee encountering harassment is encouraged to inform the harassing person that his/her actions are unwelcome and offensive. The employee is encouraged to document all incidents of harassment in order to provide the fullest basis for investigation. 2. Any employee who believes that he/she is being harassed should report the incidents to their su ervisor, as soon as possible, so steps may be taken to protect the employee from further harassment, and appropriate investigative and disciplinary measures may be initiated. with another supervisor, the Chief of Police, or of Iowa City Personnel Policies manual The I In instances where the Chief of Police is accused of harassment, the Cit Mana er shall be notified M M will _ direct the investigation or a. The supervisor or other person to whom the complaint is given shall meet with the complaining employee and document the incident(s) complained of, the person(s) performing or participating in the alleged harassment, witnesses to the incident(s) and the date(s) on which it occurred. b. The employee taking the complaint shall promptly submit a confidential memorandum documenting the complaint to the Chief of Police. 3. The internal investigating authority designated by the Chief of Police shall be responsible for investigating any complaint alleging ` h CassI ent, or discrimination. = a. The internal investigating authority shall immediately natif�thethief of Police and ® the City ® County Attorney's offices if,the `complaint contains evidence of criminal activity, such as assault, sexual assault or attempted sexual assault. b. The investigator shall include a determination as to whether other employees are being harassed by the person, and whether other agency members participated in or encouraged the harassment. c. The Chief of Police shall inform all parties involved of the outcome of the investigation. d. A file of harassment complaints shall be maintained in the office of the Chief of Police and the Chief of Police shall compile an annual summary of all harassment complaints. e. Findings of the investigation shall be entered into the member's personnel file in accordance with departmental guidelines on internal investigations. The complaining party's confidentiality will be maintained throughout the investigative process to the extent practical and appropriate under the particular circumstances. 4. Complainants or employees accused of harassment may file a grievancelappeal in accordance with departmental procedures, applicable state law and union contract when they disagree with the findings of the investigation or disposition of the harassment claim. 5. This policy does not preclude any employee from filing a complaint or grievance with an appropriate outside agency. RETALIATION 1. There shall be no retaliation against any employee for filing a harassment or discrimination complaint, or for assisting, testifying or participating in the investigation of such a complaint. 2. Retaliation against any employee for filing a harassment or dig rimination complaint or for assisting in the investigation of such a complaint is illegal and is prohibited by this department and by federal, state,,and`6cal laws. 3. Retaliation is a form of employee misconduct. Any evidence. -of retaliation shall be considered a separate violation of this policy and shafl •beAandled by the same complaint procedures established for harassment and discrimination complaints. 4. Monitoring to ensure that retaliation does not occur is the responsibility of the Chief of Police, supervisors and the internal investigative authority. Denise Brotherton, Interim 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. LEG-02.1 j � 0 j Original Date of Issue General Order Number j October 11, 1999 99-11 Effective Date of Reissue Section Code December 4, 2020 LEG-02 Reevaluation Date Amends December 2021 C.A.L.E.A• I Reference 1.1.4, 1.2.5, 1.2.6, 1.2.7, 74.1.3, 74.3.1, (see "INDEX AS:") 74.3.2 INDEX AS: r ., Use of Force Arrests Citations Discretion - Prisoner Transport Domestic Abuse 1. PURPOSE w The purpose of this policy is to explain the procedures to be used when a person is arrested by members of the Iowa City Police Department. POLICY It is the policy of the Iowa City Police Department to conform with statutory and judicial requirements pertaining to arrests. The decision to arrest will be based on the facts surrounding the incident. Officers are to use the least restrictive, reasonable method to accomDlish their aoal. LEG-02.2 II. DEFINITIONS A. Iowa Code Section 804.5 is as follows: Arrest defined: Arrest is the taking of a person into custody when and in the manner authorized by law, including restraint of the person or the person's submission to custody. III. PROCEDURES ARREST WITH AND WITHOUT A WARRANT Authorization to arrest is contained in section 804.7 of the Code of Iowa. A Peace Officer is authorized to make an arrest in obedience to a warrant delivered to the peace officer, and without a warrant under the following conditions: A. For a public offense committed or attempted in the peace officer's presence. B. Where a public offense has in fact been committed, and the peace officer has reasonable grounds for believing that the person to be arrested has committed it. C. Where the peace officer has reasonable grounds for believing that an indictable public offense has been committed and has reasonable grounds for believing that the person to be arrested has committed it. D. Where the peace officer has received from the department of public safety, or from any other peace officer of this state or any other state or the United States an official communication by bulletin, radio, telegraph, telephone, or otherwise, informing the peace officer that a warrant has been issued and is being held for the arrest of the person to be arrested on a designated charge. E. If the peace officer has reasonable grounds for believing thatdornestic abuse, as defined in section 236.2, has occurred and has reasonable grounds for believing that the person to be arrested has committed it. F. As required by section 236.12, subsection 2. (Domestic Abuse Assault Provisions) The peace officer making an arrest must inform the person to be arrested of the intention to arrest the person, the reason for arrest, and require the person being arrested to submit to the officer's custody, except when the person to be arrested is actually engaged in the commission of or attempt to commit an offense, or escapes, so that there is no time or opportunity to do so. (See 804.14(1) of the Iowa Code) If a law enforcement officer has reasonable cause to believe that a person whom the officer is authorized to arrest is present on any private premises, the officer may upon identifying the officer as such, demand that LEG-02.3 the officer be admitted to such premises for the purpose of making the arrest. If such demand is not promptly complied with, the officer may thereupon enter such premises to make the arrest, using such force as is reasonably necessary. (See 804.15 of the Iowa Code) TREATMENT OF PRISONERS In making an arrest, officers will use only that amount of force that the officer reasonably believes to be necessary to effect the arrest. Prisoners shall be treated with appropriate respect. Officers shall not physically mistreat or verbally harass any individual that they have taken into custody. Medical treatment will be made available when the arrestee is injured or complains of injury or in conformity to other general orders. ARRESTICITATIONS All persons charged for simple misdemeanors should be released on a promise to appear in court at a specified date and time, unless the officer has an articulable reason for a physical arrest of the subject (Juveniles shall be handled in accordance with departmental directives pertaining to juveniles and Section 805.16 of the Code of Iowa) or unless it is an offense for which an accused would not be eligible for bail under Section 811.1 of the Code of Iowa or a violation of Section 708.11 of the Code of Iowa. Factors to be considered for a custodial arrest instead of a cite and release are included in section 805.1(3) of the Code of Iowa but shall not be limited to all of the following: A. Whether a person refuses or fails to produce means for a satisfactory identification. B. Whether a person refuses to sign the citation. C. Whether detention appears reasonably necessary in order to halt a continuing offense or disturbance or to prevent harm to a person or persons. D. Whether a person appears to be under the influence of intoxicants or drugs and no one is available to take custody of the person and be responsible for the person's safety. E. Whether a person has insufficient ties to the jurisdiction to assure that the person will appear or it reasonably appears that there is a substantial likelihood that the person will refuse to appear in response to a citation. F. Whether a person has previously failed to appear in response to a citation or after release on pretrial release guidelines. Additional factors to be considered relating to the issuance of citations or other offenses for which citations are authorized shall include but shall not be limited to the following concerning the person: A. Place and length of residence. B. Family relationships. C. References. D. Present and past employment. E. Criminal record. F. Nature and circumstances of the alleged offense. G. Other facts relevant to the likelihood of the person's response to a citation. LEG-02.4 Even if a citation is issued, the officer may take the cited person to an appropriate medical facility if it reasonably appears that the person needs medical care. All persons cited for simple misdemeanor traffic offenses should be released on a uniform traffic citation, scheduled to appear in court on a specified date and time, unless the officer has an articulable reason for the physical detention instead of a traffic citation. INDICTABLE ARRESTS Persons charged with a serious misdemeanor or above, shall be arrested and transported to the Johnson County Jail, unless a supervisor approves of other arrangements. For exceptions, refer to Appendix I. The transport of prisoners shall comply with departmental directives pertaining to prisoner transport. TURN IN PROCESS When arrangements have been made for a subject to turn him/herself in at a later date, the charging officer shall: A. Complete a Front Desk Charge Drop Off Cover Sheet -Appendix II B. Fill out an arrest report as completely as possible and attach it with the charge(s). C. Place the cover sheet, arrest report and the charge(/s) in the bin labeled "Charges/Citations to be served" located at the station master's work station. The arresting officer will advise the subject of the charge(s) against him/her and transport him/her to the Johnson County Jail. The arresting officer shall complete the arrest report and check for any unserved warrants. The arresting officer shall also record the name of the receiving officer on the arrest report. ARREST WITH A WARRANT Authority to arrest persons with a warrant is contained in Chapter 844 6rthe Code of Iowa. Section 804.6 is as follows: c, An arrest pursuant to a warrant shall be made only by a peace officer..:: Section 804.7(4) of the Code of Iowa is as follows: Where the peace officer has received from the department of public safety, or from any other peace officer of this state or any other state or the United States an official communication by bulletin, radio, telegraph, telephone, or otherwise, informing the peace officer that a warrant has been issued and is being held for the arrest of the person to be arrested on a designated charge. Section 804.14(2) of the Code of Iowa is as follows: If acting under the authority of a warrant, a law enforcement officer need not have the warrant in the officer's possession at the time of the arrest, but, upon request, the officer shall show the warrant to the person being arrested as soon LEG-02.5 as possible. If the officer does not have the warrant in the officer's possession at the time of arrest, the officer shall inform the person being arrested of the fact that a warrant has been issued. SERVICE OF ARREST WARRANTS A. When possible, the Department will attempt to serve a warrant within thirty (30) days of a warrant being received. B. Prior to the service of the warrant an assessment of the risk factors as defined in the SRT policies and procedure manual shall be made. C. Warrants will be prioritized as follow: 1. Warrants for persons known to be violent or potentially dangerous; 2. Felony warrants; 3. Warrants for indictable offenses; 4. Non-violent misdemeanor warrants. D. The officer serving the warrant shall confirm that the warrant is still active and the pickup limits of the warrant, prior to service of the warrant. E. All warrants shall be served by officers. F. At least two (2) officers should be present when serving an arrest warrant. G. Officers shall activate their in -car or body -cam recording device when serving the warrant. H. Officers shall notify JECC of the pending action and its location. As appropriate other officers may be notified of the activity. I. When notified by another agency that it will be serving a warrant in Iowa City, a supervisor may send officer(s) to assist in the serving of the warrant. J. Upon arresting a subject on a warrant, the officer will transport the subject to the Johnson County Jail unless otherwise specified. K. Prior to serving a warrant outside the corporate limits of Iowa City, the officer shall: -, 1. Obtain the permission of a watch supervisor; - - 2. Advise the JECC of the action; and ! . 3. Contact the local agency with jurisdiction and request the'presence of a. local officer during the arrest. - USE OF FORCE IN MAKING AN ARREST Section 804.8 of the Code of Iowa defines the limits of the force, which may be used when making an arrest. In addition, members of the Iowa City Police Department shall be guided by departmental Use of Force directives when executing an arrest, which include further limits on the use of a chokehold and other lateral restraints. 804.8 is as follows: A peace officer, while making a lawful arrest, is justified in the use of any force, which the peace officer reasonably believes to be necessary to effect the arrest or to defend any person from bodily harm while making the arrest. However, the use of deadly force or a chokehold is only justified when a person cannot be captured any other way and either: A. The person has used or threatened to use deadly force in committing a felony or LEG-02.6 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. DISCRETION The Iowa City Police Department recognizes that there are often alternatives to a custodial arrest. Since it is impossible to anticipate every such circumstance in which action should be taken, it shall be left to the officer at the scene to determine the degree of intervention necessary. When making an arrest, officers should use the least restrictive form necessary to obtain the desired objective. A. It is unrealistic to expect officers to enforce all laws and ordinances, regardless of the circumstances encountered. Officers must make the decision to arrest, cite, warn, or use other alternatives, based on applicable law, circumstances of the particular incident, directives from supervisors, and departmental directives. B. Members of this department shall always act in accordance with the law and departmental directives. When discretion is employed it must be reasonable, defensible, and used to accomplish a police purpose. LEG-02.7 Denise Brotherton, Interim 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. LEG-02.8 Officers may encounter persons who are at times granted exemptions to laws. When encountering these situations officers may follow these guidelines or if still unsure of the appropriate action, should contact a watch supervisor for further guidance. Legislators are granted limited immunity from prosecution under Article 3 of the Iowa Constitution which states "Privileged from arrest. SEC. 11. Senators and representatives, in all cases, except treason, felony, or breach of the peace, shall be privileged from arrest during the session of the general assembly, and in going to and returning from the same." Members of the National Guard are regulated under chapter 29A.41 of the Code of Iowa. The code states," A member of the national guard shall not be arrested, or served with a summons, order, warrant or other civil process after having been ordered to any duty, or while going to, attending, or returning from, any place to which the officer or enlisted person is required to go for military duty. This section does not prevent the officer's or enlisted person's arrest by order of a military officer or for a felony or breach of the peace committed while not in the actual performance of the officer's or enlisted person's duty...... Other members of the military, including members of the Army, Air Force, Navy, Marine Corps, Coast Guard, and reservists who are on active duties are likewise granted limited protection. When an occasion arises that requires the issuance of a traffic citation, a physical arrest or investigation of a motor vehicle crash involving a member of the armed services who is operating under conditions which offer this limited protection, the officer will notify a watch supervisor of the circumstance surrounding the incident. The watch supervisor will contact the office of the commanding officer of the military member involved and advise them of the incident. Foreign diplomats and consular officials may be granted immunity. In these cases the officer should advise the person of the nature of the stop and make a determination as to if the person is able to safely continue on their way. In instances where the ability of the operator of the vehicle is in doubt the officer should take steps to insure the person safely gets to their destination. These steps may include but are not limited to; locating another driver, contacting a cab, or contacting the consulate of the person involved or the United States Department of State for further assistance. Foreign nationals are subject to the laws of the State of Iowa, however there may be consular notification requirements. If a foreign national is stopped for a traffic -Violation, or is involved in a motor vehicle crash which requires no special investigation',:there are no notification requirements. If a foreign national is physically arrested'or detained for a substantial period of time there may be notification requirements. In these circumstances, refer to the Consular Notification and Access publication which is available on-line at the U.S. State Department's web site. LEG-02.9 F.11w rr.Tcvn �ii�1\I JI III 'L Today's Date: ICPD Incident #: Officer: Remarks: ser;,ng officer: Date Served: Defendant Identiffeed by: REDLINE VERSION Red highlights are deletions Green highlights are additions ARRESTS Original Date of Issue General Order Number October 11, 1999 99-11 Effective Date of Reissue Section Code December 4, 2020 LEG-02 Reevaluation Date Amends December 2021 C.A.L.E.A. Reference 1.1.4, 1.2.5, 1.2.6, 1.2.7, 74.1.3, 74.3.1, (see "INDEX AS:") 74.3.2 IIVU= C A Use of Force Citations Prisoner Transport I. PURPOSE Arrests `-c ; -• Discretion :.''r - Domestic Abuse =' LEG-02.1 The purpose of this policy is to explain the procedures to be used when a person is arrested by members of the Iowa City Police Department. I POLICY It is the policy of the Iowa City Police Department to conform with statutory and judicial requirements pertaining to arrests. The decision to arrest will be based on the facts surrounding the incident. Officers are to use the least restrictive, reasonable method to accomplish their coal. LEG-02.2 II. DEFINITIONS A. Iowa Code Section 804.5 is as follows: Arrest defined: Arrest is the taking of a person into custody when and in the manner authorized by law, including restraint of the person or the person's submission to custody. III. PROCEDURES ARREST WITH AND WITHOUT A WARRANT Authorization to arrest is contained in section 804.7 of the Code of Iowa. A Peace Officer is authorized to make an arrest in obedience to a warrant delivered to the peace officer, and without a warrant under the following conditions: A. For a public offense committed or attempted in the peace officer's presence. B. Where a public offense has in fact been committed, and the peace officer has reasonable grounds for believing that the person to be arrested has committed it. C. Where the peace officer has reasonable grounds for believing that an indictable public offense has been committed and has reasonable grounds for believing that the person to be arrested has committed it. D. Where the peace officer has received from the department of public safety, or from any other peace officer of this state or any other state or the United States an official communication by bulletin, radio, telegraph, telephone, or otherwise, informing the peace officer that a warrant has been issued and is being held for the arrest of the person to be arrested on a designated charge. E. If the peace officer has reasonable grounds for believing that domestic abuse, as defined in section 236.2, has occurred and has reasonable grounds for believing that the person to be arrested has committed it. -.-a F. As required by section 236.12, subsection 2. (Domestic Abuse Assault Provisions) 4 'v The peace officer making an arrest must inform the person to be'arrested of the intention to arrest the person, the reason for arrest, and require the person being arrested to submit to the officer's custody, except when the person to be arrested is actually engaged in the commission of or attempt to commit an offense, or escapes, so that there is no time or opportunity to do so. (See 804.14(1) of the Iowa Code) If a law enforcement officer has reasonable cause to believe that a person whom the officer is authorized to arrest is present on any private premises, the officer may upon identifying the officer as such, demand that LEG-02.3 the officer be admitted to such premises for the purpose of making the arrest. If such demand is not promptly complied with, the officer may thereupon enter such premises to make the arrest, using such force as is reasonably necessary. (See 804.15 of the Iowa Code) TREATMENT OF PRISONERS In making an arrest, officers will use only that amount of force that the officer reasonably believes to be necessary to effect the arrest. Prisoners shall be treated with appropriate respect. Officers shall not physically mistreat or verbally harass any individual that they have taken into custody. Medical treatment will be made available when the arrestee is injured or complains of injury or in conformity to other general orders. ARREST/CITATIONS All persons charged for simple misdemeanors should be released on a promise to appear in court at a specified date and time, unless the officer has an articulable reason for a physical arrest of the subject (Juveniles shall be handled in accordance with deoartmental directives pertaining to juveniles and Section 805.16 ) or unless it is an offense for which an accused would not be eligible for bail under Section 811.1 or a violation of Section 708.11 Factors to be considered for a custodial arrest instead of a cite and release are included in section 805.1E of the Code of Iowa but shall not be limited to all of the following: A. Whether a person refuses or fails to produce means for a satisfactory identification. B. Whether a person refuses to sign the citation. C. Whether detention appears reasonably necessary in order to helt a continuing offense or disturbance or to prevent harm to a person or persons. D. Whether a person appears to be under the influence of intoxicants or drugs and no one is available to take custody of the person and be responible for the person's safety. E. Whether a person has insufficient ties to the jurisdiction to assure that -the person will appear or it reasonably appears that there is a substantial likelihood that the person will refuse to appear in response to a citation. F. Whether a person has previously failed to appear in response to a citation or after release on pretrial release guidelines. Additional factors to be considered relating to the issuance of citations or other offenses for which citations are authorized shall include but shall not be limited to the following concerning the person: A. Place and length of residence. B. Family relationships. C. References. D. Present and past employment. E. Criminal record. F. Nature and circumstances of the alleged offense. G. Other facts relevant to the likelihood of the person's response to a citation. LEG-02.4 Even if a citation is issued, the officer may take the cited person to an appropriate medical facility if it reasonably appears that the person needs medical care. All persons cited for simple misdemeanor traffic offenses should be released on a uniform traffic citation, scheduled to appear in court on a specified date and time, unless the officer has an articulable reason for the physical detention instead of a traffic citation. INDICTABLE ARRESTS Persons charged with a serious misdemeanor or above, shall be arrested and transported to the Johnson County Jail, unless a supervisor approves of other arrangements. For exceptions, refer to Appendix I. The transport of prisoners shall comply with departmental directives pertaining to prisoner transport. TURN IN PROCESS When arrangements have been made for a subject to turn him/herself in at a later date, the charging officer shall: A. Complete a Front Desk Charge Drop Off Cover Sheet -Appendix II B. Fill out an arrest report as completely as possible and attach it with the charge(s). C. Place the cover sheet, arrest report and the charge(/s) in the bin labeled "Charges/Citations to be served" located at the station master's work station. The arresting officer will advise the subject of the charge(s) against him/her and transport him/her to the Johnson County Jail. The arresting officer shall complete the arrest report and check for any unserved warrants. The arresting officer shall also record the name of the receiving officer on the arrest report. ARREST WITH A WARRANT Authority to arrest persons with a warrant is contained Code of Iowa. in Chapter 804 Qf the An arrest pursuant to a warrant shall be made only by a Section 804.7(4) of the Code of Iowa is as follows: peace officer ... t: ? Where the peace officer has received from the department of public safety, or from any other peace officer of this state or any other state or the United States an official communication by bulletin, radio, telegraph, telephone, or otherwise, informing the peace officer that a warrant has been issued and is being held for the arrest of the person to be arrested on a designated charge. Section 804.14(2) of the Code of Iowa is as follows: If acting under the authority of a warrant, a law enforcement officer need not have the warrant in the officer's possession at the time of the arrest, but, upon request, the officer shall show the warrant to the person being arrested as soon LEG-02.5 as possible. If the officer does not have the warrant in the officer's possession at the time of arrest, the officer shall inform the person being arrested of the fact that a warrant has been issued. SERVICE OF ARREST WARRANTS A. When possible, the Department will attempt to serve a warrant within thirty (30) days of a warrant being received. B. Prior to the service of the warrant an assessment of the risk factors as defined in the SRT policies and procedure manual shall be made. C. Warrants will be prioritized as follow: 1. Warrants for persons known to be violent or potentially dangerous; 2. Felony warrants; 3. Warrants for indictable offenses; 4. Non-violent misdemeanor warrants. D. The officer serving the warrant shall confirm that the warrant is still active and the pickup limits of the warrant, prior to service of the warrant. E. All warrants shall be served by officers. F. At least two (2) officers should be present when serving an arrest warrant. G. Officers shall activate their in -car or body -cam recording device when serving the warrant. H. Officers shall notify JECC of the pending action and its location. As appropriate other officers may be notified of the activity. I. When notified by another agency that it will be serving a warrant in Iowa City, a supervisor may send officer(s) to assist in the serving of the warrant. J. Upon arresting a subject on a warrant, the officer will transport the subject to the Johnson County Jail unless otherwise specified. K. Prior to serving a warrant outside the corporate limits of Iowa City, the officer shall: 1. Obtain the permission of a watch supervisor; 2. Advise the JECC of the action; and 3. Contact the local agency with jurisdiction and request the presence of a local officer during the arrest. USE OF FORCE IN MAKING AN ARREST P Section 804.8 of the Code of Iowa defines the limits of the force, "which m'ay be used when making an arrest. In addition, members of the Iowa City Police Department shall be guided by departmental Use of Force directives when 804.8 is as follows: 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 bodil 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 LEG-02.6 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. DISCRETION The Iowa City Police Department recognizes that there are often alternatives to a custodial arrest. Since it is impossible to anticipate every such circumstance in which action should be taken, it shall be left to the officer at the scene to determine the degree of intervention necessary. When making an arrest, officers should use the least restrictive form necessary to obtain the desired objective. A. It is unrealistic to expect officers to enforce all laws and ordinances, regardless of the circumstances encountered. Officers must make the decision to arrest, cite, warn, or use other alternatives, based on applicable law, circumstances of the particular incident, directives from supervisors, and departmental directives. B. Members of this department shall always act in accordance with the law and departmental directives. When discretion is employed it must be reasonable, defensible, and used to accomplish a police purpose. LEG-02.7 Denise Brotherton, Interim 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. e, 0� _ Officers may encounter persons who are at times granted exemptions to laws. When encountering these situations officers may follow these guidelines or if still unsure of the appropriate action, should contact a watch supervisor for further guidance. Legislators are granted limited immunity from prosecution under Article 3 of the Iowa Constitution which states "Privileged from arrest. SEC. 11. Senators and representatives, in all cases, except treason, felony, or breach of the peace, shall be privileged from arrest during the session of the general assembly, and in going to and returning from the same." Members of the National Guard are regulated under chapter 29A.41 of the Code of Iowa. The code states," A member of the national guard shall not be arrested, or served with a summons, order, warrant or other civil process after having been ordered to any duty, or while going to, attending, or returning from, any place to which the officer or enlisted person is required to go for military duty. This section does not prevent the officer's or enlisted person's arrest by order of a military officer or for a felony or breach of the peace committed while not in the actual performance of the officer's or enlisted person's duty...... Other members of the military, including members of the Army, Air Force, Navy, Marine Corps, Coast Guard, and reservists who are on active duties are likewise granted limited protection. When an occasion arises that requires the issuance of a traffic citation, a physical arrest or investigation of a motor vehicle crash involving a member of the armed services who is operating under conditions which offer this limited protection, the officer will notify a watch supervisor of the circumstance surrounding the incident. The watch supervisor will contact the office of the commanding officer of the military member involved and advise them of the incident. Foreign diplomats and consular officials may be granted immunity. In these.cases the officer should advise the person of the nature of the stop and make a determination as to if the person is able to safely continue on their way. In instances where ttrelability of the operator of the vehicle is in doubt the officer should take steps to insure titre person safely gets to their destination. These steps may include but are not limited t6i locating another driver, contacting a cab, or contacting the consulate of the person involved or, the United States Department of State for further assistance. Foreign nationals are subject to the laws of the State of Iowa, however there may be consular notification requirements. If a foreign national is stopped for a traffic violation, or is involved in a motor vehicle crash which requires no special investigation, there are no notification requirements. If a foreign national is physically arrested or detained for a substantial period of time there may be notification requirements. In these circumstances, refer to the Consular Notification and Access publication which is available on-line at the U.S. State Department's web site. LEG-02.9 APPENDIX II FRONT DESK CliM9E DROP F COVER SHEET TodefsDate: ICPD Incident M officer: Hold until: �..,../_......! Serving officer: Date Served: Defendant Identified by: LEG-05.1 i will wo Z4 Z4*1 M Original Date of Issue General Order Number July 21, 2000 00-05 Effective Date of Reissue Section Code November 24, 2020 1 LEG-05 Reevaluation Date Amends November 2021 C.A.L.E.A. Reference 1.2.5, 1.2.6, 1.2.7 (see "INDEX AS:") INDEX AS: Use of Force Weapons Arrests The purpose of this policy is to provide guidelines to police officers regarding acceptable criteria for effecting an off -duty arrest. II. POLICY Off -duty officers are often faced with situations involving criminal conduct that they are neither equipped for nor prepared to handle in the same manner as if they were on duty. This may lead to unnecessary injuries to off -duty officers, and confusion for those on - duty officers arriving at the scene. In order to promote safety and efficiency, it is the policy of the Iowa City Police Department to determine and regulate those situations and locations within which a sworn member is permitted to effect an arrest while off - duty. LEG-05.2 III. DEFINITIONS Personally involved: An officer is deemed personally involved where the off -duty officer, a family member, or a friend becomes engaged in a dispute or incident involving a personal matter with the person to be arrested or any other person connected with the incident. IV. PROCEDURES A. Liability Protection Officers of the Iowa City Police Department have liability protection for the on and off -duty performance of official duties. This protection does not extend to acts intended to cause injury or damage, to willful or wanton acts or omissions, or to those actions that the officer knew, or reasonably should have known, were in conflict with the law or established policies of the Iowa City Police Department. B. Permitted Off -Duty Arrests When off -duty and within the legal jurisdiction of the City of Iowa City, an officer may make an arrest only when: 1. There is an immediate need to prevent a crime or apprehend a suspect; and 2. The crime would require a full custodial arrest; and °; f 3. The arresting officer has in his/her possession, appr&priatd;police identification; and 4. The officer is not personally involved in the incident underiying the arrest and/or it is not reasonable to have on -duty officers safely respond and handle. C. Off -Duty Responsibilities While off -duty, the police officer is responsible for immediately reporting any suspected or observed criminal activity, qualifying a serious misdemeanor or higher, to on -duty personnel. Despite the fact that a police officer has police powers 24 hours a day throughout the jurisdiction, except as allowed by this policy, off - duty officers should not enforce minor violations such as disorderly conduct, public intoxication, minor traffic violations or other nuisance offenses. On -duty personnel should be contacted to respond to the situation where an off -duty officer becomes aware of such violations and believes police intervention is necessary. LEG-05.3 3. Where an arrest is necessary, the off -duty -arresting officer shall abide by all departmental policies and procedures. D. Prohibited Off -Duty Arrests: When off -duty, an officer shall not make an arrest: When the arresting officer is personally involved in the incident underlying the arrest and the handling by on -duty personnel is reasonable. 2. When engaged in off -duty employment of a non -police nature, and the officer's actions are only in furtherance of the interests of the private employer. E. Carrying of Weapons Officers are prohibited from carrying off -duty weapons when the officer has consumed alcoholic or intoxicating beverages. Officers are prohibited from carrying off -duty weapons wheln they expect to consume anv alcoholic or intoxicating beyprage regardless of amount. If an officer decides to consume an alcoholic or intoxicating beverage, he/she shall secure their weapon in a securable area off the premises in which the alcohol is going to be consumed. If the officer is at his/her personal residence, he/she shall secure all department issued and department approved weapons prior to consuming alcohol. F. Probationary Officers Probationary police officers training in Steps 1 through 4 of the Field Training and Evaluation Process shall not carry a firearm while off -duty unless they meet all the following criteria: a. Were hired directly from another law enforcement agency and had successfully completed the probationary period at that agency. b. They possess a valid Iowa Non -Professional Permit to Carry. C. They have qualified with that specific firearm with an ILEA Certified Firearms Instructor within the past year. 2. Probationary police officers training in Steps 1 through 4 of the Field Training and Evaluation Process should not take official action LEG-45.4 or make an arrest while off duty except to protect another from serious injury G. Review of Off -Duty Arrests Any officer conducting an off -duty arrest shall complete a report detailing the circumstances surrounding the arrest. This report shall include the name of the suspect, witnesses and other involved parties. This report shall be submitted to the on -duty watch commander, at the time of the incident, with a copy being forwarded to the Watch Commander of the officer initiating the arrest for review. Denise Brotherton, Interim Chief of Police This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of a higher legal standard of safety or care in an evidentiary sense with respect to third -party claims. Violations of this directive will only form the basis for departmental administrative sanctions. r REDLINE VERSION Red highlights are deletions Green highlights are additions LEG-05.1 Original Date of Issue General Order Number July 21, 2000 00-05 Effective Date of Reissue Section Code November 24, 2020 I LEG-05 Reevaluation Date Amends November 2021 C.A.L.E.A. Reference 1.2.5, 1.2.6, 1.2.7 (see "INDEX AS.") _ INDEX AS: Use of Force Weapons Arrests 1. PURPOSE The purpose of this policy is to provide guidelines to police officers regarding acceptable criteria for effecting an off -duty arrest. II. POLICY Off -duty officers are often faced with situations involving criminal conduct that they are neither equipped for nor prepared to handle in the same manner as if they were on duty. This may lead to unnecessary injuries to off -duty officers, and confusion for those on - duty officers arriving at the scene. In order to promote safety and efficiency, it is the policy of the Iowa City Police Department to determine and regulate those situations and locations within which a sworn member is permitted to effect an arrest while off- d uty. LEG-05.2 III. DEFINITIONS Personally involved: An officer is deemed personally involved where the off -duty officer, a family member, or a friend becomes engaged in a dispute or incident involving a personal matter with the person to be arrested or any other person connected with the incident. policy specificaffy da.OW-4WOMCM ce officer in situations where they areflat n ved. iCers shouj' remove themselves from an r involvement it uation aneeiy contact ndle. A. Liability Protection Officers of the Iowa City Police Department have liability protection for the on and off -duty performance of official duties. This protection does not extend to acts intended to cause injury or damage, to willful or wanton acts or omissions, or to those actions that the officer knew, or reasonably should have known, were in conflict with the law or established policies of the Iowa City Police Department. B. Permitted Off -Duty Arrests When off -duty and within the legal jurisdiction of the City of Iowa City;. an officer may make an arrest only when: There is an immediate need to prevent a crime or apprehend a suspect; and 2. The crime would require a full custodial arrest; and 3. The arresting officer has in his/her possession, appropriate police identification; and 4. The officer is not Dersonall involved in the incident under) inc the arrest ndlor _ officers safely respond and handle. C. Off -Duty Responsibilities While off -duty, the police officer is responsible for immediately reporting any suspected or observed criminal activity, qualifying a serious misdemeanor or higher, to on -duty personnel. 2. Despite the fact that a police officer has police powers 24 hours a day throughout the jurisdiction, except as allowed by this policy, off - duty officers should not enforce minor violations such as disorderly conduct, public intoxication, minor traffic violations or other LEG-05.3 nuisance offenses. On -duty personnel should be contacted to respond to the situation where an off -duty officer becomes aware of such violations and believes police intervention is necessary. 3. Where an arrest is necessary, the off -duty -arresting officer shall abide by all departmental policies and procedures. D. Prohibited Off -Duty Arrests: When off -duty, an officer shall not make an arrest: When the arresting officer is personally involved in the incident underlying the arrest and the handling by on -duty personnel is reasonable. 2. When engaged in off -duty employment of a non -police nature, and the officer's actions are only in furtherance of the interests of the private employer. E. Carrying of Weapons Officers are prohibited from carrying off -duty weapons when the officer has consumed alcoholic or intoxicating beverages. Officers are prohibited from carrying off -duty weapons when they expect to consume any alcoholic or intoxicating beverage regardless of amount. 2. If an officer decides to consume an alcoholic or intoxicating beverage, he/she shall secure their weapon in a securablc'area off the premises in which the alcohol is going to be consumed<�_ If the officer is at his/her personal residence, he/she shallseeure"all department issued and department approved weapons'pdbtto consuming alcohol. F. Probationary Officers Probationary police officers training in Steps 1 through 4 of the Field Training and Evaluation Process shall not carry a firearm while off -duty unless they meet all the following criteria: a. Were hired directly from another law enforcement agency and had successfully completed the probationary period at that agency. b. They possess a valid Iowa Non -Professional Permit to Carry. C. They have qualified with that specific firearm with an ILEA Certified Firearms Instructor within the past year. LEG-05.4 2. Probationary police officers training in Steps 1 through 4 of the Field Training and Evaluation Process should not take official action or make an arrest while off duty except to protect another from serious injury G. Review of Off -Duty Arrests Any officer conducting an off -duty arrest shall complete a report detailing the circumstances surrounding the arrest. This report shall include the name of the suspect, witnesses and other involved parties. This report shall be submitted to the on -duty watch commander, at the time of the incident, with a copy being forwarded to the Watch Commander of the officer initiating the arrest for review. Denise Brotherton, Interim Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of a higher legal standard of safety or care in an evidentiary sense with respect to third -party claims. Violations of this directive will only form the basis for departmental administrative sanctions. OPS-14.1 fS�. �655 • LENCE POLICE Original Date of Issue General Order Number October 8, 1999 99-10 Effective Date of Reissue Section Code November 20, 2020 OPS-14 1 Reevaluation Date Amends November 2021 C.A.L.E.A. Reference 1.2.7, 55.1.1, 55.1.3, 55.2.3 _ (see "INDEX AS:") INDEX AS: Domestic Abuse Domestic Violence , Domestic Violence Reports Domestics No Contact Orders Protective Orders The purpose of this General Order is to establish policy and procedures for officers in response to all domestic violence or domestic abuse calls reported to the Iowa City Police Department. Officers shall be expected to do the following: • Afford protection and support to adult and child victims of domestic violence. • Promote the safety of law enforcement personnel responding to incidents of domestic violence. • Establish arrest and prosecution as a preferred means of police response. • Complete thorough investigations and effect arrest of the primary physical aggressor upon the establishment of probable cause. • Officers should not arrest a person who acted in self-defense as defined by Iowa Code Section 704.3. OPS-14.2 • Take appropriate action for any violation of any permanent, temporary, or emergency orders of protection. • Provide victims or witnesses of domestic violence with support and assistance through cooperative efforts with community stakeholders in order to prevent further abuse and harassment or both. II. POLICY It is the policy of the Iowa City Police Department to provide a proactive, pro -arrest approach in responding to domestic violence. The primary focus shall be on the safety of the victim, officers, and others in proximity of the crime, followed closely by perpetrator accountability. The law enforcement officer should follow all policies and procedures of this agency to complete a thorough investigation and analysis of the complaint with the goal of arresting the person(s) committing an act of domestic violence and who were not acting in self-defense. III. DEFINITIONS A. "Domestic abuse assault' means an assault, as defined in Iowa Code Section 708.1, which is domestic abuse as defined in section 236r2,-sub�Fction 2, paragraph "a", "b", "c", or "d". B. Iowa Code Chapter 236.2: 2. "Domestic abuse" means committing assault as defined in section 708.1 under any of the following circumstances: a) The assault is between family or household members who resided together at the time of the assault. b) The assault is between separated spouses or persons divorced from each other and not residing together at the time of the assault. c) The assault is between persons who are parents of the same minor child, regardless of whether they have been married or have lived together at any time. d) The assault is between persons who have been family or household members residing together within the past year and are not residing together at the time of the assault. e) The assault is between persons who are in an intimate relationship or have been in an intimate relationship and have had contact within the past year of the assault. In determining whether persons are or have been in an intimate relationship, the court may consider the following nonexclusive list of factors: The duration of the relationship. - The frequency of interaction. Whether the relationship has been terminated. OPS-14.3 The nature of the relationship, characterized by either party's expectation of sexual or romantic involvement. A person may be involved in an intimate relationship with more than one person at a time. C. "Family or household members" means spouses, persons cohabitating, parents, or other persons related by consanguinity or affinity. "Family or household members" does not include children under age eighteen. D. Intimate relationship means a significant romantic involvement that need not include sexual involvement. An intimate relationship does not include casual social relationships or associations in a business or professional capacity. E. Primary Physical Aggressor: Officers shall, with or without a warrant, arrest the primary physical aggressor for domestic abuse assault if upon investigation, including a reasonable inquiry of the victim and other witnesses, if any, the officer has probable cause to believe the assault: b) Resulted in a bodily injury c) Was committed with intent to inflict a serious injury d) Involved the use or display of a dangerous weapon in connection with the assault e) Was committed by impeding the victim's normal breathing or circulation of the blood by applying pressure to the victim's throat or neck or by obstructing the nose or mouth of the victim. f) Was committed by impeding the victim's normal breathing of .Circulation of the blood by applying pressure to the victim's throat -or neck or by obstructing the nose or mouth of the victim and causing bodily injury. See Iowa Code Section 236.12(2) paragraphs "b", "c", "d", °e'", and "F. Considerations relating to an officer's determination of the primary- physical aggressor are set forth in Iowa Code Section 236.12(3). In identifying the primary physical aggressor, otherwise stated predominant aggressor, a peace officer shall consider the need to protect the victims of domestic abuse, the relative degree of injury or fear inflicted on the persons involved, and any history of domestic abuse between the persons involved. The officer's identification of the primary physical aggressor shall not be based on the consent of the victim to any subsequent prosecution or on the relationship of the persons involved in the incident, and shall not be based solely on the absence of visible indications of injury or impairment. A. Discretionary Arrest: Officers may, with or without a warrant, arrest a person for domestic abuse assault where an assault has been committed which did not result in any injury to the victim. F. Pro -Arrest Response: The expectation that officers shall arrest a person unless there is a clear and compelling reason not to arrest (such as a self- defense determination or lack of probable cause). Notwithstanding the provisions of Iowa Code Chapter 236.12, officers shall arrest offenders in cases of domestic assault not resulting in injury to the victim unless all of the following conditions are met: a. The officer believed the victim has suffered no injury b. There is no indication further abuse will take place c. No weapons were used or displayed d. The circumstances of the case suggest that neither justice nor domestic abuse prevention would be served by an arrest, and e. The decision not to arrest is reviewed and approved by a supervisor on d uty. IV. PROCEDURES Procedures for the following qualifying factors are included in this protocol A. Officer Approaching the Scene B. Officer Responsibility at the Scene C. Enforcement of No -Contact t Protective Orders D. Written Reporting E. Notification of Rights F. Follow-up Investigation / Domestic Violence Investigator G. Victim Safety and Protection H. Hostage Situations I. Officer Training J. Officers Charged with Domestic Abuse A. OFFICER APPROACHING THE SCENE 1. Domestics are a high priority call. Officers will respond immediately with due consideration of the information available and coordinate their approach. Two officers should be dispatched to any domestic call -three officers' is preferred. 2. Remain in contact with the dispatcher, requesting assistance, (see "Communications" section above) information and updates as needed. If protective orders are in force, then verification and clarification should be obtained from the county sheriffs department. (See "protective orders" section below.) 3. Remain alert for suspect leaving the scene. B. OFFICER RESPONSIBILITY AT THE SCENE When officers respond to a call for assistance at the scene of a domestic abuse incident, they shall: OPS-14.5 1. Approach the scene safely, and in an alert manner. 2. Identify yourself and give an explanation of your presence. Request entry into the home when conditions permit. When permission is freely and voluntarily given by either party, a search of the premises may occur. 3. When entry is refused, exercise persistence in gaining entry based on the request for assistance received by the department. Request communications re-establish contact with the complainant, if it has been lost, and reassess the situation. If entry continues to be refused, contact the watch commander/supervisor for further guidance if circumstances permit. 4. Forced entry may be allowed when probable cause exists to suspect that a felony is occurring, has just occurred, or that a life is in danger. In evaluating the need for forced entry, the officer (s) must consider the degree of urgency versus requesting a warrant, the possibility of danger, whether the suspected offense involved violence and whether the belief exists that persons may be armed. (See exigent circumstances analysis in Use of Force G/O) 5. In incidents where a suspect has vacated the scene, and probable cause exists for an arrest, a complaint and affidavit shall be prepared immediately, and forwarded to a judge for a request for issuance of an arrest warrant. However, an officer may arrest a violator within the first 24 hours of an incident without a warrant. (See Iowa Code Section_236.11) 6. Restore order. 7. Take control of all weapons known to be used, or used in a threatening manner, and safely store them. (See Seizure of Weapons, llbwa Code Chapter 809.) Iowa Code Section 809.1(1)(c) defines seizable property as ... property which if not seized by the state poses an imminent danger to a person's health, safety or welfare." When weapons are seized, the officer shall notify a supervisor of the seizure prior to the officeC,'going off duty. 8. Assess the need for medical attention, and call for assistance if warranted, and whenever requested by the victim. The officer shall assist the victim in obtaining transportation to the nearest hospital if requested. 9. Determine complainant, separating all parties if possible, including suspect, victim, children, and other witnesses. 10.Interview all parties. If necessary, reasonable efforts should be made to obtain a translator. 11. Following interviews, a conference of the responding officers should occur, if necessary, with the goal of arriving at a consensus for determining whether to arrest. Apply appropriate Chapter 236, Domestic Abuse criteria in making the decision to arrest. If consensus or a determination is not made, a supervisor shall be called to assist. When an officer is solo in responding, they may confer with a supervisor as needed. Identifying the primary physical aggressor is necessary, as persons acting in self-defense are exempt from this mandatory arrest. 12.If probable cause exists, arrest the suspect. Read suspect Miranda rights. Place individual in custody. Field release or issuing of citations are not allowed in the event domestic abuse has occurred. This applies to either / OPS-14.6 both arrest for domestic abuse, related charges and / or violations of protective orders. If possible, immediately transport suspect to jail. Factors that tend to support a finding of probable cause for arrest include: physical injuries (including bruises or cuts); disheveled clothing or furniture; a victim's credible statements or visible fear; credible statements of witnesses, including children; and previous calls to the home. If probable cause exists, an arrest shall be made, regardless of the stated wishes of the victim or the apparent use of alcohol or drugs by either the victim or abuser. 13.If a child is present during an incident of domestic assault in which charges are filed, a mandatory report shall be made to the Department of Human Services. Any time a companion charge of "Child Endangerment" is made, Department of Human Services must be contacted. Notification shall include contacting DHS by phone prior to the end of the watch and forwarding copies of the written report. Reports should include names and DOB of all children present as well as an account of where they were at time of assault, what they saw, and/or heard. 14.Collect and record evidence, including torn clothing, broken objects, etc. 15. Photograph the following: a. Victim in a full body picture (front and back). b. Victim's specific injury(s). c. Children. d. Scene, including broken objects, weapons, general disarray, etc. e. If possible, the suspect's full body and any injuries, in.additign to the mug shot. f. When photos are taken at a domestic incident, the evidence sheet should be marked as a domestic along with the incident number being noted g. When the property manager receives photos from a domestic incident, they shall be forwarded to the domestic abuse investigator. 16.When an arrest causes a children) to be without a primary caretaker, Department of Human Services shall be contacted immediately to determine an appropriate caretaker. Officers are responsible for the care of children until such time they are relieved of this obligation by DHS. 17.Upon filling out the complaint, the officer will also complete the victim section of the incident report, making sure to include name, address, DOB, SS#, sex and race. A photocopy of the incident report containing this information will be attached to the complaint. 18.Officers should follow the guidelines in SOG 18-08 when dealing with involved parties that have limited English proficiency, are deaf, or hard of hearing. C. ENFORCEMENT OF NO -CONTACT / PROTECTIVE ORDERS Violation of a no -contact order or protective order shall be vigorously enforced. If an officer has reason to believe that domestic abuse has occurred, the peace officer shall ask the abused person if any prior orders exist, and shall contact the twenty-four hour dispatcher to inquire if any prior orders exist. OPS-14.7 If an officer has probable cause to believe that a person has violated a no - contact / protective order the officer shall arrest the person. If an officer has probable cause to believe that a person has violated a no - contact / protective order and the officer is unable to arrest the person, the officer shall issue a warrant of arrest as soon as possible and before the end of the duty day. D. WRITTEN REPORTING Officers shall complete reports for all cases involving current or past intimate or domestic relationships. Officers shall also complete a report where elements of stalking or potential risk to the victim, their family, or the public are reported to the police department. Written reports should be factual, specific and clear so as to present an accurate portrayal of the domestic abuse incident. Written documentation that will be made as a result of a domestic abuse arrest are the complaint and affidavit, a supplementary information report narrative, Iowa City Police Incident Report Form, and the Domestic Abuse Reporting Form. All officers present at a domestic shall complete a report including narrative detailing their obsnrations. In instances where there is a no locate, or the call was incorrectly classified as a domestic, the primary officer shall complete a report detailing the circumstances and identifying the correct call classification. All reports involving a domestic or originally classified as a domestic, or involving the violation of a domestic abuse no contact order shall be forwarded to the Department's domestic abuse investigator. Officers shall make a good faith effort to utilize the Ontario Domestic Assault Risk Assessment (ODARA) when applicable. If an arrest is made, the ODARA shall be completed prior to the defendant's initial appearance and officers shall include the ODARA score (e.g. "ODARA = 4") in the affidavit portion of the criminal complaint. If the officer fails to record the score on the complaint and the complaint is submitted, the officer shall write the score on the original complaint at the jail, and subsequently ensure the same writing on all other copies of the complaint. Reports will include the documentation of use and scores from the ODARA. Reports will, at a minimum, contain narratives which will include the following information: 1. Full names of parties involved, including dates of birth of the suspect and victim 2. Address and phone numbers for the victim, witnesses and those present, including the address and phone number of the location where the victim will be staying OPS-14.8 3. Reports should include names and DOB of all children present as well as an account of where they were at time of assault, what they saw, and/or heard 4. The relationship of the victim and suspect 5. Location of the assault 6. Whether no contact orders are known to exist 7. A description of the scene 8. Weapons used 9. Whether a 9-1-1 call was received 14. Documentation of injuries of all parties injured 11.If alcohol is involved, the result of any PBT given to the suspect and victim 12. Whether they received medical treatment 13.An indication of whether the victim was presented their rights 14. Excited utterances should be recorded in quotation marks. Other statements may be directly recorded or summarized. The demeanor, spirit and physical description of the suspect should be noted along with that of the victim 15.If the officer is aware of pending domestic charges, note that fact in the narrative 16. If the in -car or body -cam recording system was activated 17. Care should be taken by officers to ensure that location information for the victim subsequent to the offense is not contained in police reports. If the victim suffered restriction of the airway or blood flow during the assault, an officer must complete the "Domestic Abuse Assault Impeding Airway / Circulation Supplemental Report." E. NOTIFICATION OF RIGHTS Chapter 236.12 identifies victim rights which must be provided to the Victim in writing and / or verbally. The Iowa City Police Department will routinely present the victim their rights in written and verbal form. Officers at the scene will present the victim a printed copy of their rights (Domestic Abuse Notification of Rights form) and request the victim sign the sheet. One copy of the form should be left with the victim and the other included with the domestic abuse supplemental report and narrative. F. FOLLOW-UP INVESTIGATIONS / DOMESTIC VIOLENCE INVESTIGATOR All domestic abuse reports shall be completed by the end of the officer's duty day and forwarded to the Domestic Violence Investigator (DVI) for follow up. The DVI shall perform follow up investigations on all domestic abuse cases in Iowa City. The DVI shall attempt to make contact with the victim in each case and may further the initial investigation by gathering additional evidence, conducting any follow up interviews, obtaining the 911 dispatch call recording, obtaining medical records, taking follow up photos, and completing any other tasks as necessary. The DVI will also conduct risk assessment and safety OPS-14.9 planning on a case by case basis. The DVI will work with the Johnson County Attorney's Office to assist with prosecution as needed. The DVI should conduct in person follow ups if possible, especially with strangulation charges, and subsequent offender cases. The DVI will be a member of Coordinated Community Response Teams (CCRT's) and will provide meaningful participation where efforts are aimed at reviewing and revising local policies and procedures to reflect current realities and needs in the community, and reducing domestic violence related homicides. The DVI will be a member of the Domestic Abuse Response Team (DART) and will work in cooperation with the Domestic Violence Intervention Program (DVIP), and other victim services in the community to provide service, support, safety, and advocacy to victims of domestic abuse. The DVI will also be a member of the Domestic Abuse Investigation Team (DAIT) joined with the county atorney's office and other local law enforcement agencies. The DVI will additionally complete, on time, all necessary performance reports and submit any required grant applications in a manner and quality which will earn the continuance of grant funding provided to the City of Iowa City for the position. G. VICTIM SAFETY AND PROTECTION 1. Officers shall work with community resources and advocacy agencies to connect victims and their children with appropriate services. 2. The officer designated as principal contact for the victim, shall''ffiform the victim of confidentiality policies and their limitations, and enure that confidentiality is maintained throughout the case. s 3. All officers shall be aware of possible victim/witness'.`ihtimidation or coercion and the increased danger when the victim leaves ah;: abusive partner. The designated principal contact shall assist the victim and children in safety planning and caution the victim to be alert to stalking activities. 4. If an officer suspects intimidation or coercion of the victim/witness is occurring, the officer shall prepare a written report to be delivered immediately to the investigator in charge of the case through the chain of command. a. In order to determine whether the victim/witness is being intimidated or coerced, the investigator in charge shall seek out secondary sources of information. b. Given the possibility that a victim will recant or choose not to participate in court proceedings, supplemental evidence shall be sought out and preserved. H. HOSTAGE SITUATIONS As a hostage situation becomes apparent to the investigating officer, and / or ECO, the watch commander / supervisor shall be immediately notified. Following an assessment of the circumstances, a determination shall be made as to strategy for resolution of the call. Special Response Team (SRT) and/or Crisis Negotiation Team (CNT) protocol and personnel may determine this strategy. 1. OFFICER TRAINING In addition to initial domestic abuse training at the Iowa Law Enforcement Academy, the Iowa City Police Department will routinely offer training in regard to domestic abuse. Training will be provided by both in-house staff, as well as utilizing outside authorities as available. J. OFFICERS CHARGED WITH DOMESTIC ASSAULT Concerning application of Iowa Law, should a law enforcement officer be arrested for domestic abuse, they will be treated equitably as would any other citizen. Likewise, the Iowa City Police Department will adhere to the Federal Lautenberg Amendment concerning the possession of firearms should a domestic abuse conviction occur, within this jurisdiction, or any other within the United States. In responding to a domestic abuse call for assistance, should it be known that any sworn officer of this or any other law enforcement agency, in or out-of-state, is identified as a suspect, the watch commander / supervisor will be immediately notified. If the person arrested / suspected is not an Iowa City Police Officer, the watch supervisor will notify that officer's department. Additionally, the watch commander / supervisor shall be notified if any other employee of the Iowa City Police Department is arrested for domestic abuse. Following any of these notifications, the appropriate division commander will be contacted. In the event that any officer or employee of the Iowa City Police Department is arrested for domestic abuse, or involved as a victim of a domestic assault, or is a suspect but not arrested for a domestic assault, appropriate referrals for services and assistance will be made. Internal Investigations will be conducted as warranted. A copy of the report on such an incident shall be forwarded to the Office of the Chief of Police. -- Denise Brotherton, Interim Chief of Police OPS-14.11 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. REDLINE VERSION Red highlights are deletions Green highlights are additions 10t CITY WID OLICE Original Date of Issue General Order Number October 8, 1999 99-10 Effective Date of Reissue Section Code November 20, 2020 OPS-14 Reevaluation Date Amends November 2021 C.A.L.E.A. Reference 1.2.7, 55.1.1, 55.1.3, 55.2.3 (see `INDEX AS:") INDEX AS: Domestic Abuse �wr Domestic Violence Domestic Violence Reports = Domestics -77 No Contact Orders Protective Orders I. PURPOSE The purpose of this General Order is to establish policy and procedures for officers in response to all domestic violence or domestic abuse calls reported to the Iowa City Police Department. Officers shall be expected to do the following: • Afford protection and support to adult and child victims of domestic violence. • Promote the safety of law enforcement personnel responding to incidents of domestic violence. • Establish arrest and prosecution as a preferred means of police response. • Complete thorough investigations and effect arrest of the primary physical aggressor upon the establishment of probable cause. • Officers should not arrest a person who acted in self-defense as defined by Iowa Code Section 704.3. OPS-14.2 • Take appropriate action for any violation of any permanent, temporary, or emergency orders of protection. • Provide victims or witnesses of domestic violence with support and assistance through cooperative efforts with community stakeholders in order to prevent further abuse and harassment or both. II. POLICY It is the policy of the Iowa City Police Department to provide a proactive, pro -arrest approach in responding to domestic violence. The primary focus shall be on the safety of the victim, officers, and others in proximity of the crime, followed closely by perpetrator accountability. The law enforcement officer should follow all policies and procedures of this agency to complete a thorough investigation and analysis of the complaint with the goal of arresting the person(s) committing an act of domestic violence and who were not acting in self-defense. III. DEFINITIONS A. `Domestic abuse assault' means an assault, as defined in Iowa Code Section 708.1, which is domestic abuse as defined in section 236.2,-sub_ection 2, paragraph "a" "b" °c" or "d" B. Iowa Code Chapter 236.2: 2. "Domestic abuse" means committing assault as defined in secti'b) 708.1 under any of the following circumstances: a) The assault is between family or household members who resided together at the time of the assault. b) The assault is between separated spouses or persons divorced from each other and not residing together at the time of the assault. c) The assault is between persons who are parents of the same minor child, regardless of whether they have been married or have lived together at any time. d) The assault is between persons who have been family or household members residing together within the past year and are not residing together at the time of the assault. e) The assault is between persons who are in an intimate relationship or have been in an intimate relationship and have had contact within the past year of the assault. In determining whether persons are or have been in an intimate relationship, the court may consider the following nonexclusive list of factors: The duration of the relationship. The frequency of interaction. Whether the relationship has been terminated. OPS-14.3 - The nature of the relationship, characterized by either party's expectation of sexual or romantic involvement. A person may be involved in an intimate relationship with more than one person at a time. C. "Family or household members" means spouses, persons cohabitating, parents, or other persons related by consanguinity or affinity. "Family or household members" does not include children under age eighteen. D. Intimate relationship means a significant romantic involvement that need not include sexual involvement. An intimate relationship does not include casual social relationships or associations in a business or professional capacity. E. Primary Physical Aggressor. Officers shall, with or without a warrant, arrest the primary physical aggressor for domestic abuse assault if upon investigation, including a reasonable inquiry of the victim and other witnesses, if any, the officer has probable cause to believe the assault: b) Resulted in a bodily injury c) Was committed with intent to inflict a serious injury d) Involved the use or display of a dangerous weapon in connection with the assault e) Was committed by impeding the victim's normal breathing or- qirculation of the blood by applying pressure to the victim's throat or neck or by obstructing the nose or mouth of the victim. f) Was committed by impeding the victim's normal breathing or c+eculation of the blood by applying pressure to the victim's throat or neek or by obstructing the nose or mouth of the victim and causing bodily injury. See Iowa Code Section 236.12(2) paragraphs "b", Y', "d", "e", and "f'. Considerations relating to an officer's determination of the primary physical aggressor are set forth in Iowa Code Section 236.12(3). In identifying the primary physical aggressor, otherwise stated predominant aggressor, a peace officer shall consider the need to protect the victims of domestic abuse, the relative degree of injury or fear inflicted on the persons involved, and any history of domestic abuse between the persons involved. The officer's identification of the primary physical aggressor shall not be based on the consent of the victim to any subsequent prosecution or on the relationship of the persons involved in the incident, and shall not be based solely on the absence of visible indications of injury or impairment. A. Discretionary Arrest. Officers may, with or without a warrant, arrest a person for domestic abuse assault where an assault has been committed which did not result in any injury to the victim. OPS-14.4 F. Pro -Arrest Response: The expectation that officers shall arrest a person unless there is a clear and compelling reason not to arrest (such as a self- defense determination or lack of probable cause). Notwithstanding the provisions of Iowa Code Chapter 236.12, officers shall arrest offenders in cases of domestic assault not resulting in injury to the victim unless all of the following conditions are met: a. The - _ believed the victim has suffered no injury b. There is no indication further abuse will take place c. No weapons were used or displayed d. The circumstances of the case suggest that neither justice nor domestic abuse prevention would be served by an arrest, and e. The decision not to arrest is reviewed and approved by a supervisor on duty. IV. PROCEDURES Procedures for the following qualifying factors are included in this protocol A. Officer Approaching the Scene B. Officer Responsibility at the Scene C. Enforcement of No -Contact 1 Protective Orders D. Written Reporting E. Notification of Rights F. Follow-up Investigation 1 Domestic Violence Investigator G. Victim Safety and Protection H. Hostage Situations ? I. Officer Training J. Officers Charged with Domestic Abuse A. OFFICER APPROACHING THE SCENE 1. Domestics are a high priority call. Officers will respond immediately with due consideration of the information available and coordinate their approach. Two officers should be dispatched to any domestic call -three officers' is preferred. 2. Remain in contact with the dispatcher, requesting assistance, (see "Communications" section above) information and updates as needed. If protective orders are in force, then verification and clarification should be obtained from the county sheriffs department. (See "protective orders" section below.) 3. Remain alert for suspect leaving the scene. B. OFFICER RESPONSIBILITY AT THE SCENE When officers respond to a call for assistance at the scene of a domestic abuse incident, they shall: 1. Approach the scene safely, and in an alert manner. 2. Identify yourself and give an explanation of your presence. Request entry into the home when conditions permit. When permission is freely and voluntarily given by either party, a search of the premises may occur. 3. When entry is refused, exercise persistence in gaining entry based on the request for assistance received by the department. Request communications re-establish contact with the complainant, if it has been lost, and reassess the situation. If entry continues to be refused, contact the watch commander/supervisor for further guidance if circumstances permit. 4. Forced entry may be allowed when probable cause exists to suspect that a felony is occurring, has just occurred, or that a life is in danger. In evaluating the need for forced entry, the officer (s) must consider the degree of urgency versus requesting a warrant, the possibility of danger, whether the suspected offense involved violence and whether the belief exists that persons may be armed. (See exigent circumstances analysis in Use of Force G/O) 5. In incidents where a suspect has vacated the scene, and probable cause exists for an arrest, a complaint and affidavit shall be prepared immediately, and forwarded to a judge for a request for issuance of an arrest warrant. However, an officer may arrest a violator within the first 24 hours of an incident without a warrant. (See Iowa Code Section 236.11) 6. Restore order. 7. Take control of all weapons known to be used, or used in a threatening manner, and safely store them. (See Seizure of Weapons; Iowa Code Chapter 809.) Iowa Code Section 809.1(1)(c) defines seizable prop-erty as property which if not seized by the state poses an imminent danger to a person's health, safety or welfare." When weapons are`seiz�d, the officer shall notify a supervisor of the seizure prior to the officer going off duty. 8. Assess the need for medical attention, and call for assistance if warranted, and whenever requested by the victim. The officer shall assist the victim in obtaining transportation to the nearest hospital if requested. 9. Determine complainant, separating all parties if possible, including suspect, victim, children, and other witnesses. 10.Interview all parties. If necessary, reasonable efforts should be made to obtain a translator. 11. Following interviews, a conference of the responding officers should occur, if necessary, with the goal of arriving at a consensus for determining whether to arrest. Apply appropriate Chapter 236, Domestic Abuse criteria in making the decision to arrest. If consensus or a determination is not made, a supervisor shall be called to assist. When an officer is solo in responding, they may confer with a supervisor as needed. Identifying the primary physical aggressor is necessary, as persons acting in self-defense are exempt from this mandatory arrest. 12. If probable cause exists, arrest the suspect. Read suspect Miranda rights. Place individual in custody. Field release or issuing of citations are not allowed in the event domestic abuse has occurred. This applies to either / e .. both arrest for domestic abuse, related charges and / or violations of protective orders. If possible, immediately transport suspect to jail. Factors that tend to support a finding of probable cause for arrest include: physical injuries (including bruises or cuts); disheveled clothing or furniture; a victim's credible statements or visible fear; credible statements of witnesses, including children; and previous calls to the home. If probable cause exists, an arrest shall be made, regardless of the stated wishes of the victim or the apparent use of alcohol or drugs by either the victim or abuser. 13.If a child is present during an incident of domestic assault in which charges are filed, a mandatory report shall be made to the Department of Human Services. Any time a companion charge of "Child Endangerment" is made, Department of Human Services must be contacted. Notification shall include contacting DHS by phone prior to the end of the watch and forwarding copies of the written report. Reports should include names and DOB of all children present as well as an account of where they were at time of assault, what they saw, and/or heard. 14.Collect and record evidence, including torn clothing, broken objects, etc. 15. Photograph the following: a. Victim in a full body picture (front and back). b. Victim's specific injury(s). c. Children. d. Scene, including broken objects, weapons, general disarray, etc. e. If possible, the suspect's full body and any injuries, in addition to the mug shot. f. When photos are taken at a domestic incident, the evidence sheet should be marked as a domestic along with the incident number being noted g. When the property manager receives photos from a domestic incident, they shall be forwarded to the domestic abuse invest! ator. 16.When an arrest causes a child(ren) to be without - Department of Human Services shall be contacted immediately . 6if icers are responsible for the care of children until such time they are relieved of this obligation by DHS. 17. Upon filling out the complaint, the officer will also complete the victim section of the incident report, making sure to include name, address, DOB, SS#, sex and race. A photocopy of the incident report containing C. ENFORCEMENT OF NO -CONTACT / PROTECTIVE ORDERS Violation of a no -contact order or protective order shall be vigorously enforced. If an officer has reason to believe that domestic abuse has occurred, the peace officer shall ask the abused person if any prior orders exist, and shall contact the twenty-four hour dispatcher to inquire if any prior orders exist. If an officer has probable cause to believe that a person has violated a no - contact / protective order the officer shall arrest the person. If an officer has probable cause to believe that a person has violated a no - contact / protective order and the officer is unable to arrest the person, the officer shall issue a warrant of arrest as soon as possible and before the end of the duty day. D. WRITTEN REPORTING Officers shall complete reports for all cases involving current or past intimate or domestic relationships. Officers shall also complete a report where elements of stalking or potential risk to the victim, their family, or the public are reported to the police department. Written reports should be factual, specific and clear so as to present an accurate portrayal of the domestic abuse incident. Written documentation that will be made as a result of a domestic abuse arrest are the complaint and affidavit, a supplementary information report narrative, Iowa City Police Incident Report Form, and the Domestic Abuse Reporting Form. All officers present at a domestic shall complete a report including narrative detailing their observations. In instances where there is a no locate, or the call was incorrectly classified as a domestic, the primary officer shall complete a report detailing the circumstances and identifying the correct call classification. All reports involving a domestic or originally classified as a domestic, or involving the violation of a domestic abuse no contact order shall be forwarded to the Department's domestic abuse investigator. Officers shall make a good faith effort to utilize the Ontario Domestic Assault Risk Assessment (ODARA) when applicable. If an arrest is made, the ODARA shall be completed prior to the defendant's initial appearance and officers shall include the ODARA score (e.g. "ODARA = 4") in the affidavit portion of the criminal complaint. If the officer fails to record the score on the complaint and the complaint is submitted, the officer shall write the score on the original complaint at the jail, and subsequently ensure the same writing on all other copies of the complaint. Reports will include the documentation of use and scores from the ODARA. Reports will, at a minimum, contain narratives which will include the following information: 1. Full names of parties involved, including dates of birth of the suspect and victim 2. Address and phone numbers for the victim, witnesses and those present, including the address and phone number of the location where the victim will be staying 3. Reports should include names and DOB of all children present as well as an account of where they were at time of assault, what they saw, and/or heard 4. The relationship of the victim and suspect 5. Location of the assault 6. Whether no contact orders are known to exist 7. A description of the scene 8. Weapons used 9. Whether a 9-1-1 call was received 10. Documentation of injuries of all parties injured 11.If alcohol is involved, the result of any PBT given to the suspect and victim 12. Whether they received medical treatment 13.An indication of whether the victim was presented their rights 14.Excited utterances should be recorded in quotation marks. Other statements may be directly recorded or summarized. The demeanor, spirit and physical description of the suspect should be noted along with that of the victim 15.If the officer is aware of pending domestic charges, note that fact in the narrative I If the victim suffered restriction of the airway or blood flow during the assault, an officer must complete the "Domestic Abuse Assault Impeding Airway / Circulation Supplemental Report." .a E. NOTIFICATION OF RIGHTS G' w w, Chapter 236.12 identifies victim rights which must be provided to the victim in writing and / or verbally. The Iowa City Police Department will rout!nelyrpresent the victim their rights in written and verbal form. Officers at the scene will present the victim a printed copy of their rights (Domestic Abuse Notification of Rights form) and request the victim sign the sheet. One copy of the form should be left with the victim and the other included with the domestic abuse supplemental report and narrative. F. FOLLOW-UP INVESTIGATIONS / DOMESTIC VIOLENCE INVESTIGATOR All domestic abuse reports shall be completed by the end of the officer's duty day and forwarded to the Domestic Violence Investigator (DVI) for follow up. The DVI shall perform follow up investigations on all domestic abuse cases in Iowa City. The DVI shall attempt to make contact with the victim in each case and may further the initial investigation by gathering additional evidence, conducting any follow up interviews, obtaining the 911 dispatch call recording, OPS-14.9 obtaining medical records, taking follow up photos, and completing any other tasks as necessary. The DVI will also conduct risk assessment and safety planning on a case by case basis. The DVI will work with the Johnson County Attorney's Office to assist with prosecution as needed. The DVI will be a member of Coordinated Community Response Teams (CCRT's) and will provide meaningful participation where efforts are aimed at reviewing and revising local policies and procedures to reflect current realities and needs in the community, and reducing domestic violence related homicides. The DVI will be a member of the Domestic Abuse Response Team (DART) and will work in cooperation with the Domestic Violence Intervention Program (DVIP), and other victim services in the community to provide service, support, safety, and advocacy to victims of domestic abuse. The DVI will also be a member of the Domestic Abuse Investigation Team (DAIT) joined with the county attorney's office and other local law enforcement agencies. The DVI will additionally complete, on time, all necessary performance reports and submit any required grant applications in a manner and quality which will earn the continuance of grant funding provided to the City of Iowa City for the position. G. VICTIM SAFETY AND PROTECTION 1. Officers shall work with community resources and advocacy agencies to connect victims and their children with appropriate services. 2. The officer designated as principal contact for the victim, shaltanform the victim of confidentiality policies and their limitations, .and insure that confidentiality is maintained throughout the case. -' 3. All officers shall be aware of possible victim/witness intimidation or coercion and the increased danger when the victim leaves an abusive partner. The designated principal contact shall assist the victim and children in safety planning and caution the victim to be alert -to stalking activities. 4. If an officer suspects intimidation or coercion of the victim/witness is occurring, the officer shall prepare a written report to be delivered immediately to the investigator in charge of the case through the chain of command. a. In order to determine whether the victim/witness is being intimidated or coerced, the investigator in charge shall seek out secondary sources of information. b. Given the possibility that a victim will recant or choose not to participate in court proceedings, supplemental evidence shall be sought out and preserved. H. HOSTAGE SITUATIONS OPS-14.10 As a hostage situation becomes apparent to the investigating officer, and / or ECO, the watch commander / supervisor shall be immediately notified. Following an assessment of the circumstances, a determination shall be made as to strategy for resolution of the call. Special Response Team (SRT) and/or Crisis Negotiation Team (CNT) protocol and personnel may determine this strategy. I. OFFICER TRAINING In addition to initial domestic abuse training at the Iowa Law Enforcement Academy, the Iowa City Police Department will routinely offer training in regard to domestic abuse. Training will be provided by both in-house staff, as well as utilizing outside authorities as available. J. OFFICERS CHARGED WITH DOMESTIC ASSAULT Concerning application of Iowa Law, should a law enforcement officer be arrested for domestic abuse, they will be treated equitably as would any other citizen. Likewise, the Iowa City Police Department will adhere to the Federal Lautenberg Amendment concerning the possession of firearms should a domestic abuse conviction occur, within this jurisdiction, or any other within the United States. In responding to a domestic abuse call for assistance, should it be known that any sworn officer of this or any other law enforcement agency, in or out-of-state, is identified as a suspect, the watch commander / supervisor will be in- nediately notified. If the person arrested / suspected is not an Iowa City Police Officer, the watch supervisor will notify that officer's department. Additionally, the watch commander / supervisor shall be notified if any other employee of the_lgwa City Police Department is arrested for domestic abuse. Following any''.of these notifications, the appropriate division commander will be contacted. In the event that any officer or employee of the Iowa City Police Department is arrested for domestic abuse, or involved as a victim of a domestic assault, or is a suspect but not arrested for a domestic assault, appropriate referrals for services and assistance will be made. Internal Investigations will be conducted as warranted. A copy of the report on such an incident shall be forwarded to the Office of the Chief of Police. Denise Brotherton, Interim Chief of Police OPS-14.11 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. ORG-01.1 ORGANIZATION Date of Issue General Order Number October 13, 2000 00-09 Effective Date Section Code December 16, 2020 ORG-01 Reevaluation Date i Amends / Cancels December 2023 C.A.t.E.A. Reference 11.1.1,11.2.2,11.6.1,11.6.2, INDEXAS: y° Organization Responsibilities 1. PURPOSE "' The purpose of this order is to define the organizational structure of the Iowa City Police Department. 11. POLICY It is the Policy of the Iowa City Police Department to maintain an organizational structure, which allows for the rapid response to the needs of the residents and visitors of Iowa City. While members of this department are primarily assigned to a particular function, it is recognized that on occasion they will be called upon to assist in a function other than their primary area of responsibility. III. DEFINITIONS IV. PROCEDURES A. CHIEF OF POLICE The Chief of Police is responsible to the City Manager of the City of Iowa City. The Chief of Police is granted authority to act from Iowa Code and the City Ordinances of Iowa City. The Chief of Police directly supervises up to ten employees and is functionally responsible for up to one hundred twenty (120) employees. The Chief of Police plans, directs, evaluates and manages the operations of the Iowa City Police Department. The Chief of Police is further empowered to formulate and implement new policy, operations and disciplinary procedures. The Chief of Police is further directed to foster positive relationships between the Police Department, outside agencies and the general public. Some of the responsibilities of the Chief of Police are: • review all significant incidents involving the department • develop and provide training for members of the department • develop and administer the budget for the department • reviews or conducts internal investigations • appoints, promotes within the department • evaluates staff • develops and implements policy • amend, suspend, supersede or cancel any rule, regulation or order • develop and implement changes in procedure The Iowa City Police Department consists of two divisions: Field Operations and Support Services. Division commanders are responsible directly to the Chief of Police. The Chiefs Administrative Coordinator (non -sworn) is responsible to the Chief of Police. The Administrative Coordinator is responsible for the following duties: - maintains payroll records and union contracts - reviews, submits, and maintains inventories and supplies - completes reports as required , - answers phone and provides information or makes referrals`'' - maintains forfeiture funds - maintains records on current grants and insures that files are in compliance - accounts payable, pcard reconciliation, budget - reconciliation and billing for officer contracted overtime - OSHA injury stats and medical records - Officers court schedules - grants for JCDTF and ICPD - other duties as assigned B. FIELD OPERATIONS Field Operations consists of the Patrol and Investigative sections. Each section commander is responsible to the Commander of Field Operations. The Commander of Field Operations is directly responsible for six to ten employees and functionally responsible for up to 76 employees. Some of the responsibilities of the Commander of Field Operations are: • oversees, directs and reviews daily patrol and investigative operations • directs Lieutenant of Investigations • oversees the Special Response Team • oversees the bomb team • meets with command staff and reviews areas of concern • informs Chief of Police as to ongoing activities of the assigned division • conducts internal investigations • prepares and submits required reports • participates in planning and research • assists in budget development • other duties as assigned (For more complete description see City of Iowa City job descriptions) I. PATROL SECTION The patrol section is divided into three different watches, Days, Evenings, and Late night watch. Each watch is headed by a Lieutenant who is usually responsible for fifteen to twenty-one employees. The Lieutenant of each watch is responsible to the Commander of Field Operations. The Patrol Lieutenants are responsible for the day to day operations of their respective watches. Some of the duties, which they are responsible for, are: • supervise field personnel • assist/conduct internal investigations • supervise the preparation of assignments and daily briefings • reviews reports • prepares reports on activities/functions • evaluates subordinates • conducts watch meetings • other duties as assigned (For more complete description see City of Iowa City job descriptions) Under each Watch Commander are two Sergeants. The Sergeants on each watch are directly responsible to their respective watch commander. Patrol Sergeants supervise between thirteen to nineteen officers on a regular basis. Some of the duties, which patrol sergeants, are responsible for: • conducts daily watch meetings/briefings • supervises and prepares assignments • reviews reports • supervision of Field Training Officers and Probationary Officers • conducts investigations • inspects and maintains vehicles and equipment • visits officers in the field • other duties as assigned (For more complete description see City of Iowa City job descriptions) Patrol officers comprise the remainder of the sworn personnel on each watch and are responsible to their respective watch supervisors. Patrol officers are responsible for routine law enforcement duties, including but not limited to: • patrol/community policing • traffic enforcement • collision investigation • identification/collection of evidence • investigation of crimes • preparing reports • responding to calls for public service • other duties as assigned (For more complete description see City of Iowa City job descriptions) Community Service Officers (CSO) (non -sworn) are responsible to the supervisors of the watch to which they are assigned. Some of the responsibilities of CSOs are: • enforces parking regulations • directs traffic • collects stray animals • impounds vehicles • provides court messenger duties • other duties as assigned Community Service Officers are assigned to the Day and? Evening watches. (For more complete description see City of Iowa City job description) School Crossing Guards (non -sworn) are responsible to the Sergeant assigned to Records/PIO/Planning and Research. Responsibilities of School Crossing Guards are: • direct traffic at the intersection to which they are assigned • assist children in crossing the street • coordinate student crossings with student crossing guards 2. DETECTIVE SECTION The Detective Section is headed by a Lieutenant who is responsible for the overall operations. The Detective Lieutenant is responsible to the Commander of Field Operations. Some of the responsibilities of the Detective Lieutenant are: • supervise personnel • conduct internal investigations • assignment of cases • review of reports • prepares reports on activities/functions • evaluates subordinates • coordinates multi -jurisdictional investigations with other agencies • other duties as assigned In the absence of the Detective Lieutenant, the Detective Sergeant shall assume duties of Supervisor. The Sergeant in the Detective Section is responsible for: • case preparation • reviews reports • supervision of Support watch • maintains records on forfeiture vehicles • prepares reports on activities/functions • supervise and oversee the operation of the Street Crimes Action Team (SCAT) • assumes duties of the Detective Lieutenant during their absence Detectives/officers in the Detective Section are responsible to the Detective Lieutenant. Some of the responsibilities of detectives are: • conducts interviews/interrogations • case preparation • collection of evidence • conducts follow up investigations • disseminate intelligence to patrol • specialty assignments • Domestic Violence Detective • Sexual Assault Detective = • Computer Forensics Detective • Drug Task Force Detective • other duties as assigned Officers and detectives of the Iowa City Police Department are of equal rank. Investigations is a temporary assignment and upon completion of a rotation, detectives return to the patrol section or are otherwise reassigned. Street Crimes Action Team (SCAT) are directly responsible to a Patrol Sergeant. Some of the responsibilities of SCAT officers are: 0 Respond to violent crime incidents • conduct gang related investigations • conduct drug related investigations • targeted patrol/investigations • special assignments as needed • other duties as assigned The victim services coordinator is a non -sworn position that is responsible to the Lieutenant of Investigations. Some of the responsibilities of the victim services coordinator include: Builds connections and partnerships with local community Programs that provide services to victims of crimes. Works as a liaison between crime victims, the Iowa City Police Department, community entities and leaders, and other helping professionals to coordinate services and victim care. Conducts regular and reasonable follow-up with victims and their supporters. - Writes narrative reports documenting services and } communication for police records. Compiles and maintains data, facilitating designated research efforts. other duties as assigned C. SUPPORT SERVICES Support Services consists of the following sections; Station Masters, Police Records, Animal Control, Planning and Research, Community Relations and Property Control. The head of each section is directly responsible to the Commander of Support Services. The Commander of Support Services is directly responsible to the Chief of Police. The Captain of Support Services is directly responsible for six to ten employees and functionally responsible for up to thirty employees. Some of the responsibilities of the Commander of Support Services are: • oversees, directs and reviews daily activities of the assigned sections • oversees all departmental training • evaluates personnel under their command • meets with supervisors of affected sections and reviews areas of concern • informs the Chief of Police of ongoing activities of the assigned division • conducts internal investigations • prepares and submits required reports • participates in planning and research • assists in budget development • other duties as assigned 1. POLICE RECORDS Police Records is under the direction of the Sergeant assigned to Records/PIO/Planning and Research. Some of the responsibilities of this Sergeant are: • manage in-house records and computer systems • trains and evaluates subordinates • assists in development of computer applications • completion of scheduled reports • coordinate computer usage, training • acts as liaison with other agencies • maintains supplies and equipment • assists in form development (For more complete description see City of Iowa City job description) a. Record Technicians are responsible to the supervisor of police records. Some of the responsibilities of Record Technicians are: • reviews case reports and arrest information • classifies, indexes and prepares information for entry in Records Management System • enters above data into RMS • answers phones and provides information and reports as appropriate • maintains records • collects money for record services • other duties as assigned • responds to requests for information • maintains log of officers reports and files various records • assists officers in locating files • other duties as assigned (For more complete description see City of Iowa City job description) 2. Station Masters are responsible to the Training/Accreditation Sergeant. Some of the responsibilities of Station Masters are: • assist general public with non -emergency services at the Police Department • Enter complaints into CAD system and relay information to JECC for dispatch. • Complete minor crime and non -action field reports • Assists departmental personnel in the performance of their duties • Monitors radio/alarms • Communicates information to police, fire and ambulance personnel via radio • Enters information on CAD including tows, stolen vehicles, tickets and other information • Creates incident reports for calls for service • Other duties as assigned. (For more complete description see City of Iowa City job description) (For more complete description see City of Iowa City job descriptions) 3. ANIMAL SERVICES The Animal Services section is responsible for enforcement of laws and ordinances pertaining to animals, issuance of licenses and permits, sheltering of animals, animal welfare and destruction of sick/injured or unclaimed animals. The Animal Shelter is under the direction of the Animal Services Supervisor (non -sworn). The Animal Services Supervisor is responsible to the Commander of Support Services, and supervises between two to five employees. Some of the responsibilities of the Animal Services Supervisor are: • administers daily operations of the animal shelter • trains and evaluates subordinates • enforces ordinances and assists in updating of animal control regulations • heads Animal Services Advisory Board • supervises the treatment and adoption of animals • provides public information/tours/lectures • completes required documentation of activities • assists in budget preparation • other duties as assigned (For more complete description see City of Iowa City job descriptions) a. Under the Animal Services Supervisor are Animal Service4 Officers (non -sworn). Animal Services Officers are responsible to the Animal Services Supervisor. Some of the responsibilities of Animal Services officers are: • enforces ordinances and conducts investigations • conducts educational activities • picks up injured, stray and dead animals • attempts to locate owners of lost or injured animals • administers euthanasia drugs as required • maintains records for adoptions, licensing and reclaims • verifies vaccinations of animals • other duties as assigned (For more complete description see City of Iowa City job descriptions) b. Also directly responsible to the Animal Services Supervisor are the Animal Care Technicians (non -sworn). Some to the responsibilities of Animal Care Technicians are: • cleans and disinfects kennel area • cares for animals and performs animal behavior evaluations • Recommend animals for euthanasia and administers euthanasia drugs as required • prepare animals for rabies testing • supervises obedience training and shelter volunteers • dispatches animal control officers • perform adoption counseling • other duties as assigned (For more complete description see City of Iowa Cityjob description) c. Also directly responsible to the Animal Services Supervisor are the Animal Center Assistants (non -sworn). Some of the responsibilities of Animal Center Assistants are: • cleans and disinfects kennel area • performs general custodial duties r' • cares for animals and assists in animal behavior evaluations • supervises shelter volunteers • dispatches animal control officers • updates animal control log entries • collects fees and issues receipts • other duties as assigned (For a complete description see City of Iowa City job description) 3. PLANNING AND RESEARCH The Planning and Research function is filled by a sergeant. The sergeant is directly responsible to the Commander of Support Services, but shall have access to the Chief of Police as needed. This position is responsible for statistical analysis of data, identification of trends, tracking and compilation of data for scheduled reports, forwarding of identified trends to appropriate sections or watches and media relations. In order to ensure the accurate and timely response to ongoing situations, the sergeant of Planning and Research shall have access to those resources and information necessary to develop required reports. Some of the responsibilities of the Sergeant of Planning and Research are: • report review • development of forms • completes required reports • updating of information for daily watch meetings • completes weekly, monthly, quarterly and annual reports on activities • provide statistics and information for citizen questions/requests • completes information for government access channel (APB) • other duties as assigned • oversee the Community Outreach Section The crime analyst is responsible to the Sergeant assigned to planning and research. This position will be filled with a sworn member of the Police Department and is tasked with leveraging data to assist department administration with making data -driven operational decisions and directives. 4. COMMUNITY OUTREACH The Community Outreach section is staffed by three uniformed sworn officers (Community Relations Officer, Neighborhood Resource Officer, and a Downtown Liaison Officer) and a uniformed non -sworn Community Outreach Assistant who are directly responsible to the Sergeant of Planning and Research. Personnel in this section are -: trained in the areas of community relations, and crime prevention. Some of the functions of this section are: • develop, implement and maintain neighborhood watch organizations • serve as liaison between community groups and the department • provide advice/assistance in formulating crime prevention strategies • coordinate speakers and speaking engagements • develop informational displays for community events ,y • other duties as assigned Sworn officers selected to this section serve for three years in that capacity. Upon completion of the assignment, each officer returns to the Patrol Section or are otherwise reassigned. The Community Relations is a three year assignment. Upon completion of their Community Relations assignment, the officer returns to the Patrol Section or are otherwise reassigned. (When an officer is in their final year of the assignment, another officer may be added, on a part time basis for training purposes) 5. EVIDENCE CUSTODIAN The position of Evidence Custodian (non -sworn) is directly responsible to the Training and Accreditation Sergeant. In the absence of the Evidence Custodian, the duties are performed by the Commander of Support Services or designee. The Evidence Custodian is responsible for evidence/property, which comes in to the possession of the Iowa City Police Department. Some of the duties of the Evidence Custodian are: • catalog and maintain evidence/property that is submitted • store and process recordings • submission of evidence to the appropriate lab • complete evidence sheets/reports • entry of evidence/properly into records system • return evidence/property upon receiving disposition of a case • dispose of property/evidence according to law and existing policy • other duties as assigned 6. TRAINING / ACCREDITATION OFFICER The Training/Accreditation function is filled by a sergeant who is directly responsible to the Commander of Support Services. Some of the duties of the Training/Accreditation Sergeant are: • direct supervisor of the Station Masters • identification of training needs • development of squad meeting training • keeping of training records • development of training courses • posting of training opportunities • implementation of required training • maintenance of accreditation standards • other duties as assigned • manage, schedule and oversee Station Masters (for issues involving Station Masters, the Records Supervisor is directly responsible to the Commander Support Services) • other duties as assigned The support services assistant is responsible to the sergeant assigned to training and accreditation. Some of the duties of the support services assistant are: Disposes of evidence, seized property and found property. Prepares video and still photographs of evidence. - Handles lost and found property. - Enters a variety of data into computer. - Generates various reports - Inventories and weighs evidence/seized property, repairs and submits evidence to the crime lab, marks evidence/seized property for storage, handles large amounts of cash, transports drugs and evidence to labs. Other duties as assigned. (see job duties for complete list) The community service officer assigned to evidence is responsible to the sergeant assigned to training and accreditation. Some of the duties assigned to this position are: Inventories and weighs evidence/seized property, repairs and submits evidence to the crime lab, marks evidencelseized property for storage, handles large amounts of cash, transports drugs and evidence to labs. Handles lost and found property. Disposes of evidence, seized property and found property. Prepares video and still photographs of evidence. Other duties as assigned. (see job duties for complete",list) 7. COMPUTER SYSTEM ANALYST The Computer System Analyst (non -sworn) is directly responsible to the Commander of Support Services. Some of the duties of the Computer System Analyst are: • maintenance of departmental computers • development of departmental software • other duties as assigned D. ORGANIZATIONAL CHART REVISIONS Revisions to the organizational chart for the Iowa City Police Department shall be as follows: When changes are made in the Iowa City Police Department that affect the organizational structure, a review of the organizational chart shall take place by the Chief office and any changes to the organizational chart as necessary will be done to reflect the new structure. If the organizational chart is changed, an updated version will be distributed to all personnel. This policy and the current organizational chart shall be available to personnel. Denise Brotherton, Interim 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. REDLINE VERSION Red highlights are deletions Green highlights are additions i [ 1 ORGANIZATION Date of Issue General Order Number October 13, 2000 00-09 Effective Date Section Code December 18, 2020 ORG-01 Reevaluation Date Amends 1 Cancels December 2023 C.A.L.E.A. Reference 11. 1. 1, 11.2.2, 11.6.1, 11.6.2, INDEX AS; Organization Responsibilities I. PURPOSE The purpose of this order is to define the organizational structure of the Iowa City Police Department. II. POLICY It is the Policy of the Iowa City Police Department to maintain an organizational structure, which allows for the rapid response to the needs of the residents and visitors of Iowa City. While members of this department are primarily assigned to a particular function, it is recognized that on occasion they will be called upon to assist in a function other than their primary area of responsibility. 111. DEFINITIONS IV. PROCEDURES A. CHIEF OF POLICE The Chief of Police is responsible to the City Manager of the City of Iowa City. The Chief of Police is granted authority to act from Iowa Code and the City Ordinances of Iowa City. The Chief of Police directly supervises up to ten employees and is functionally responsible for up to one hundred twenty (120) employees. The Chief of Police plans, directs, evaluates and manages the operations of the Iowa City Police Department. The Chief of Police is further empowered to formulate and implement new policy, operations and disciplinary procedures. The Chief of Police is further directed to foster positive relationships between the Police Department, outside agencies and the general public. Some of the responsibilities of the Chief of Police are: • review all significant incidents involving the department • develop and provide training for members of the department • develop and administer the budget for the department • reviews or conducts internal investigations • appoints, promotes within the department • evaluates staff • develops and implements policy • amend, suspend, supersede or cancel any rule, regulation or order • develop and implement changes in procedure The Iowa City Police Department consists of two divisions: Field Operations and Support Services. Division commanders are responsible directly to the Chief of Police. The Chiefs Administrative Coordinator (non -sworn) is responsible to the Chief of Police. The Administrative Coordinator is responsible for the following duties: - maintains payroll records and union contracts - reviews, submits, and maintains inventories and supplies - completes reports as required - answers hone and rovides information or makes referrals maintains forfeiture funds - maintains records on current grants and insures that files are in compliance =n - other duties as assigned B. FIELD OPERATIONS Field Operations consists of the Patrol and Investigative sections. Each section commander is responsible to the Commander of Field Operations. The Commander of Field Operations is directly responsible for six to ten employees and functionally responsible for up to 76 employees. Some of the responsibilities of the Commander of Field Operations are: • oversees, directs and reviews daily patrol and investigative operations • directs Lieutenant of Investigations • oversees the Special Response Team • oversees the bomb team • meets with command staff and reviews areas of concern • informs Chief of Police as to ongoing activities of the assigned division • conducts internal investigations • prepares and submits required reports • participates in planning and research • assists in budget development • other duties as assigned (For more complete description see City of Iowa City job descriptions) 1. PATROL SECTION The patrol section is divided into three different watches, Days, Evenings, and Late night watch. Each watch is headed by a Lieutenant who is usually responsible for fifteen to twenty-one employees. The Lieutenant of each watch is responsible to the Commander of Field Operations. The Patrol Lieutenants are responsible for the day to day operations of their respective watches. Some of the duties, which they are responsible for, are: • supervise field personnel • assist/conduct internal investigations • supervise the preparation of assignments and daily briefings • reviews reports • prepares reports on activities/functions • evaluates subordinates • conducts watch meetings • other duties as assigned (For more complete description see City of Iowa City job descriptions) Under each Watch Commander are two Sergeants. The Sergeants on each watch are directly responsible to their respective watch commander. Patrol Sergeants supervise between thirteen to nineteen officers on a regular basis. Some of the duties, which patrol sergeants, are responsible for: • conducts daily watch meetings/briefings • supervises and prepares assignments • reviews reports • supervision of Field Training Officers and Probationary Officers • conducts investigations • inspects and maintains vehicles and equipment • visits officers in the field • other duties as assigned (For more complete description see City of Iowa City job descriptions) Patrol officers comprise the remainder of the sworn personnel on each watch and are responsible to their respective watch supervisors. Patrol officers are responsible for routine law enforcement duties, including but not limited to: • patrol/community policing • traffic enforcement • collision investigation • identification/collection of evidence • investigation of crimes • preparing reports • responding to calls for public service • other duties as assigned (For more complete description see City of Iowa City job descriptions) Community Service Officers (CSO) (non -sworn) are responsible to the supervisors of the watch to which they are assigned. Some of the responsibilities of CSOs are: • enforces parking regulations • directs traffic • collects stray animals • impounds vehicles • provides court messenger duties • other duties as assigned Community Service Officers are assigned to the Day and Evening watches. (For more complete description see City of Iowa City job description) School Crossing Guards (non -sworn) are responsible to the Sergeant assigned to Records/PIO/Planning and Research. Responsibilities of School Crossing Guards are: • direct traffic at the intersection to which they are assigned • assist children in crossing the street • coordinate student crossings with student crossing guards 2. � SECTION The Section is headed by a Lieutenant who is res onsihle for the overall operations. The - Lieutenant is responsible to the Commander of Field Operations. Some of the responsibilities of the - Lieutenant - are: • supervise personnel • conduct internal investigations • assignment of cases • review of reports • prepares reports on activities/functions • evaluates subordinates • coordinates multi -jurisdictional investigations with other agencies • other duties as assigned In the absence of the Lieutenant ® -, the - Sergeant shall assume duties of Investigation's Supervisor. The Sergeant in the Section is responsible for: • case preparation • reviews reports • supervision of Support watch • maintains records on forfeiture vehicles • prepares reports on activities/functions • supervise and oversee the operation of the Street Crimes Action Team (SCAT) • assumes duties of the - Lieutenant - during their absence Detectives/officers in the Section are responsible to the Lieutenant Some of the responsibilities of detectives are: • conducts interviews/interrogations • case preparation • collection of evidence • conducts follow up investigations • disseminate intelligence to patrol • specialty assignments • Domestic Violence Detective • Sexual Assault Detective • Computer Forensics Detective • Drug Task Force Detective • other duties as assigned Officers and detectives of the Iowa City Police Department are of equal rank. Investigations is a temporary assignment and upon completion of a rotation, detectives return to the patrol section or are otherwise reassigned. Street Crimes Action Team (SCAT) are directly responsible to a Patrol Sergeant. Some of the responsibilities of SCAT officers are::? • Respond to violent crime incidents • conduct gang related investigations • conduct drug related investigations • targeted patrol/investigations • special assignments as needed • other duties as assigned Works as a liaison between crime victims, Department, community entities and leade professionals to coordinate services and vii Writes comma C. SUPPORT SERVICES Support Services consists of the following sections; Station Masters, Police Records, Animal Control, Planning and Research, Community Relations and Property Control. The head of each section is directly responsible to the Commander of Support Services. The Commander of Support Services is directly responsible to the Chief of Police. The Captain of Support Services is directly responsible for six to ten employees and functionally responsible for up to thirty employees. Some of the responsibilities of the Commander of Support Services are: • oversees, directs and reviews daily activities of the assigned sections • oversees all departmental training • evaluates personnel under their command • meets with supervisors of affected sections and reviews areas of concern • informs the Chief of Police of ongoing activities of the assigned division • conducts internal investigations • prepares and submits required reports • participates in planning and research • assists in budget development • other duties as assigned 1. POLICE RECORDS Police Records is under the direction of the Sergeant assigned to Records/PIO/Planning and Research. I RIF FRomM sU ery soy 67 r *nrder of Sup Services. The recMs ible for up en empla ees. Some of the responsibilities ofds supery are: • manage in-house records and computer systems • trains and evaluates subordinates • assists in development of computer applications • completion of scheduled reports `t • coordinate computer usage, training • acts as liaison with other agencies • maintains supplies and equipment • assists in form development (For more complete description see City of Iowa City job description) a. Record Technicians are responsible to the supervisor of police records. Some of the responsibilities of Record Technicians are: • reviews case reports and arrest information • classifies, indexes and prepares information for entry in Records Management System • enters above data into RMS • answers phones and provides information and reports as appropriate • maintains records • collects money for record services • other duties as assigned nswers ppropn if • responds to requests for information • maintains log of officers re orts and files various records • main • assists officers in locating files • other duties as assigned (For more complete description see City of Iowa City job description) 2. Station Masters are responsible to the Training/Accreditation Sergeant. Some of the responsibilities of Station Masters are: • assist general public with non -emergency services at the Police Department • Enter complaints into CAD system and relay information to JECC for dispatch. • Complete minor crime and non -action field reports • Assists departmental personnel in the performance of their duties • Monitors radio/alarms • Communicates information to police, fire and ambulance personnel via radio • Enters information on CAD including tows, stolen vehicles, tickets and other information • Creates incident reports for calls for service • Other duties as assigned. (For more complete description see City of Iowa City job description) 3. ANIMAL SERVICES The Animal Services section is responsible for enforcement of laws and ordinances pertaining to animals, issuance of licenses and permits, sheltering of animals, animal welfare and destruction of sick/injured or unclaimed animals. The Animal Shelter is under the direction of the Animal Services Supervisor (non -sworn). The Animal Services Supervisor is responsible to the Commander of Support Services, and supervises between two to five employees. Some of the responsibilities of the Animal Services Supervisor are: • administers daily operations of the animal shelter • trains and evaluates subordinates • enforces ordinances and assists in updating of animal control regulations • heads Animal Services Advisory Board • supervises the treatment and adoption of animals • provides public information/tours/lectures • completes required documentation of activities • assists in budget preparation • other duties as assigned For more complete description see City of Iowa City job descriptions) a. Under the Animal Services Supervisor are Animal Services Officers (non -sworn). Animal Services Officers are responsible to the Animal Services Supervisor. Some of the responsibilities of Animal Services officers are: • enforces ordinances and conducts investigations • conducts educational activities • picks up injured, stray and dead animals • attempts to locate owners of lost or injured animals • administers euthanasia drugs as required • maintains records for adoptions, licensing and reclaims • verifies vaccinations of animals • other duties as assigned (For more complete description see City of Iowa City job descriptions) b. Also directly responsible to the Animal Services Supervisor are the Animal Care Technicians (non -sworn). Some to the responsibilities of Animal Care Technicians are: • cleans and disinfects kennel area • cares for animals and performs animal behavior evaluations • Recommend animals for euthanasia and administers euthanasia drugs as required • prepare animals for rabies testing • supervises obedience training and shelter volunteers. • dispatches animal control officers • perform adoption counseling • other duties as assigned (For more complete description see City of Iowa City job description) c. Also directly responsible to the Animal Services Supervisor are the Animal Center Assistants (non -sworn). Some of the responsibilities of Animal Center Assistants are: • cleans and disinfects kennel area • performs general custodial duties • cares for animals and assists in animal behavior evaluations • supervises shelter volunteers • dispatches animal control officers • updates animal control log entries • collects fees and issues receipts • other duties as assigned (For a complete description see City of Iowa City job description) 3. PLANNING AND RESEARCH The Planning and Research function is filled by a sergeant. The sergeant is directly responsible to the Commander of Support Services, but shall have access to the Chief of Police as needed. This position is responsible for statistical analysis of data, identification of trends, tracking and compilation of data for scheduled reports, forwarding of identified trends to appropriate sections or watches and media relations. In order to ensure the accurate and timely response to ongoing situations, the sergeant of Planning and Research shall have access to those resources and information necessary to develop required reports. Some of the responsibilities of the Sergeant of Planning and Research are: • report review - • development of forms • completes required reports • updating of information for daily watch meetings • completes weekly, monthly, quarterly and annual reports on activities • provide statistics and information for citizen questions/requests • completes information for government access channel (APB) • other duties as assi ned • oversee the Community _ 4. COMMUNITY OUTREACH The Community Outreach section is staffed by 0 - uniformed sworn officers Community Relations Officer, Neighborhood Resource Officer, and I I Downtown Liaison Officer!) and a uniformed non -sworn Community Outreach Assistant who are directly responsible to the Sergeant of Planning and Research. Personnel in this section are trained in the areas of community relations, and crime prevention. Some of the functions of this section are: • develop, implement and maintain neighborhood watch organizations • serve as liaison between community groups and the department • provide advice/assistance in formulating crime prevention strategies • coordinate speakers and speaking engagements • develop informational displays for community events • other duties as assigned Sworn officers selected to this section serve for ME years in that capacity. Upon completion of the assignment, each officer returns to the Patrol Section or are otherwise reassigned. final year of the assignment, another officer may time basis for training purposes) (When an officer is in their be added, on a part 5. EVIDENCE CUSTODIAN The position of Evidence Custodian (non -sworn is direct) res onsible to the In the absence of the Evidence Custodian, the duties are performed by the Commander of Support Services or designee. The Evidence Custodian is responsible for evidence/property, which comes in to the possession of the Iowa City Police Department. Some of the duties of the Evidence Custodian are: • catalog and maintain evidence/ roperty that is submitted • store and process E • submission of evidence to the appropriate lab • complete evidence sheets/reports • entry of evidence/property into records system • return evidence/property upon receiving disposition of a case • dispose of property/evidence according to law and existing policy • other duties as assigned 6. TRAINING 1 ACCREDITATION OFFICER The Training/Accreditation function is filled by a sergeant who is directly responsible to the Commander of Support Services. Some of the duties of the Training/Accreditation Sergeant are: • direct supervisor of the Station Masters • identification of training needs • development of squad meeting training • keeping of training records • development of training courses • posting of training opportunities • implementation of required training 't • mam enance of accreditation standards • other duties as assigned • manage, schedule and oversee Station Masters (for issues involving Station Masters, the Records Supervisor is directly responsible to the Commander Support Services) • other duties as assigned Disposes of evidence, seized property and found property. Prepares video and still photographs of mdence. 1-IandIAS Inct nnrl fnm ind nrnnarh, submits evidence to A property for storage, hz drugs and evidence to Handles lost and found 7. COMPUTER SYSTEM ANALYST The Computer System Analyst (non -sworn) is directly responsible to the Commander of Support Services. Some of the duties of the Computer System Analyst are: • maintenance of departmental computers • development of departmental software • other duties as assigned D. ORGANIZATIONAL CHART REVISIONS Revisions to the organizational chart for the Iowa City Police Department shall be as follows: When changes are made in the Iowa City Police Department that affect the organizational structure, a review of the organizational chart shall take place by the Chief office and any changes to the organizational chart as necessary will be done to reflect the new structure. If the organizational chart is changed, an updated version will be distributed to all personnel. This policy and the current organizational chart shall be available to personnel. -. Denise Brotherton, Interim 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. IOWA CITY NARCOTICS OF t O ly4 • ■ CRIME AND VICE POLICE INVESTIGATIONS Date of Issue General Order Number December 7, 2001 01-09 1 Effective Date Section Code December 23, 2020 INV-04 Reevaluation Date 1 Amends / Cancels I December 2022 i C.A.L. — 4 Reference —4 43.1.13.1.3 INDEX AS: Criminal Investigations Narcotics/Drug Investigations Organized Crime Covert/Undercover Operations I. PURPOSE SRT - Investigations c Gangs =a The purpose of this policy is to identify the duties and responsibilities of sworn personnel in narcotic, organized crime or vice investigations. II. POLICY Although it is the responsibility of each sworn member of the Iowa City Police Department to enforce and investigate all criminal activity including vice, narcotics and organized crime, the Criminal Investigations Section is specifically charged to respond to white collar crime, money laundering, narcotics/drug trafficking, vice, economic and organized crime activities. The Iowa City Police Department will monitor these criminal organizations and utilize appropriate investigative strategies, in conjunction with other involved law enforcement agencies, to identify members, develop criminal cases for prosecution and dismantle such organizations. INV-o4.2 III. DEFINITIONS Organized crime groups are characterized by: A. A goal to perpetuate the life of the group; B. Financial or economic gain; C. Advancement of power or influence; D. Criminal activity. Organized crime groups may utilize intimidation, violence, or promote corruption to advance their goals. IV. PROCEDURES INVESTIGATIONS A. The Criminal Investigations Section (CIS) will routinely investigate vice/organized crime and drug/narcotics activities which come to its attention. These activities include but are not limited to: 1. Manufacture, distribution and possession of controlled substances (illicit drugs); 2. Illegal sale or distribution of firearms and/or explosives; 3. Human Trafficking; 4. Pornography; 5. Illegal gambling; 6. "Loan Sharking'; 7. Corruption, such as the use of bribery or fraudulent activity to gain influence; 8. Gang related property crimes or crimes against persons. B. All intelligence information and complaints shall be reviewed and evaluated by the CIS supervisor for possible assignment. The CIS supervisor will assign and/or authorize investigations based on the following criteria: 1. Nature of intelligence/complaint; -- 2. Validity of intelligence/complaint; .7,3 3. Availability of resources; 4. Priorities. REPORTS AND RECORDS A. All members of the department are responsible to report any suspected vice, narcotics/drug, or organized crime activities. A thorough preliminary investigation will be conducted in a manner similar to all other criminal investigations and shall include witness information and statements. The CIS supervisor shall evaluate all information received and investigate crimes in conjunction with other investigative units. B. All complaints of vice, narcotics/drug, or organized crime activities shall be recorded on an incident report form and may be issued a standard complaint number. INV-04.3 a. Intelligence information not alleging a specific criminal act may be forwarded directly to the CIS supervisor for evaluation and determination if it shall be included in departmental criminal intelligence files. C. The Crime Analysis/Intelligence unit shall analyze available intelligence and assist investigators in identification of criminal organizations, networks, their activities, and characteristics of targeted victims. D. Each such case shall include full documentation of all correspondence or information sent and received to/from outside agencies. E. All paper files of active, open cases involving vice, narcotics/drug and organized crime investigations shall be locked in a secure storage area by the case investigator. They shall not be placed in Central Records until a final disposition has been made and/or unless directed by CIS supervisor. All electronic files of active, open cases involving vice, narcotics/rug and organized crime investigations shall be maintained in a secure manner and not forward to Central Records until a final disposition has been made and/or unless directed by CIS supervisor. F. The CIS supervisor shall track and document statistical information and maintain a complete log of all vice, narcotics/drug, and organized crime complaints. G. The CIS supervisor shall periodically meet with the Chief of Police or designee to brief him/her on ongoing "vice" investigations. COVERT AND UNDERCOVER OPERATIONS A. CIS personnel who are assigned covert assignments will prepare appropriate cover stories for home and work credibility, as determined by the CIS supervisor. They shall not disclose their assignment to anyone outside of family and the criminal justice community. B. CIS personnel shall be responsible for and shall maintain overall confidentially of their cover and the cover of other assigned officers who are with the Iowa City Police Department or other agencies. C. The CIS supervisor shall issue equipment to covert officers as necessary for them to safely and effectively perform their duties. D. Officers assigned to undercover operations in vice, narcotic/drug, or organized crime investigations shall be responsible for those enforcement actions requiring undercover infiltration, drug buys, and deployment of decoys. E. The CIS shall utilize legal and acceptable methods when conducting covert operations and utilizing electronic surveillance equipment for the successful completion of the operation. F. Basic types of Covert Operations 1. Raids 2. Undercover infiltration, deployment of decoys or confidential informants 3. Surveillance G. The case investigator shall prepare a Covert Operations Plan for each operation. 1. The plan will provide information regarding the overall objective and incorporate information regarding procedures and methods, officer safety, target area and contingencies. ITME,M1 1 2. The Operations Plan will include type of operation, suspects, location, suspect vehicles, radio assignments, special concerns, officers involved, confidential informants, arrest/trouble signals, equipment and instructions. 3. The case investigator will ensure that all assisting personnel are informed of the details of the plan. a. If time permits, the plan should be reduced to writing and all participants provided a copy, with the original being forwarded to the CIS supervisor. b. If time does not permit the plan to be written prior to implementation, the case investigator shall detail the plan in writing after its execution. 4. All operations plans shall be reviewed and approved in advance by the CIS supervisor. Verbal approval may be given in those instances where the CIS supervisor is not physically present at the time of completion of the operations plan. 5. In the case of a raid in which the SRT is to be utilized, the SRT commander may approve the operations plan in lieu of the CIS supervisor. 6. Operations Plans shall be retained for a minimum of one calendar year. 7. The CIS supervisor shall be notified prior to commencement of all undercover operations. The undercover officer shall brief the supervisor about the investigation and any plans that have been made. The CIS supervisor is responsible for coordinating overall activities. 8. The safety of bystanders, cooperating individuals, and undercover officers shall be considered when planning and executing an undercover operation. 9. The following shall also be considered during the planning and execution of an undercover operation: a. The true identity of the suspect(s), their methods of operation, associates, places frequented, etc. b. Make provisions for adequate auditory and/or visual surveillance prior to, during and after any purchase. G. Prearrange methods of communications, signals, rendezvous points, etc. The security of official funds is the responsibility of the undercover;: officer and must be considered in the investigative objectives. 1. Money used during undercover operations as "flash" or buy money shall be photocopied or otherwise recorded prior to the start of the operation by the undercover officer or, if applicable, informant/agent.' The officer shall sign and record the date and time and submit the record to the case file. a. These funds shall be accounted for on a quarterly, basis in accordance with departmental guidelines. While acknowledging that any covert operation has certain inherent dangers, the decision to continue a specific operation must be continually evaluated by the officers involved, the supervisor and the commander. 1. Covert operations will be terminated when the danger level of the operation outweighs the benefit of obtaining the intelligence or making the case. 2. The decision to abandon the operation may be the most intelligent course of action, and may be made at the involved officer(s) discretion at any INV-84.5 time, based on his/her judgment, knowledge, or "instinct'. An officer will not be disciplined for abandoning an operation for cause, based on articulable reasons. Denise Brotherton, Interim Chief of Police WARNING is directive is for departmental use only and does not apply in any criminal or civil )ceeding. The department policy should not be construed as a creation of a higher' lal standard of safety or care in an evidentiary sense with respect to third -party rims. Violations of this directive will only form the basis for departmental min istrative sanctions. REDLINE VERSION Red highlights are deletions Green highlights are additions INV-04.1 WA CITY pFtoW9 a O • ', CRIMA � c AND VICE fsr. 1 eye POLICE INVESTIGATIONS Date of Issue General Order Number December 7, 2001 01-09 Effective Date Section Code December 23, 2020 INV-04 Reevaluation Date Amends/Cancels December 2022 C.A.L.E.A. Reference 43.1.1 — 43.1.3 INDEX AS: Criminal Investigations Narcotics/Drug Investigations Organized Crime Covert/Undercover Operations 1. PURPOSE SRT' Investigations Gangs a; The purpose of this policy is to identify the duties and responsibilities of sworn personnel in narcotic, organized crime or vice investigations. 11. POLICY Although it is the responsibility of each sworn member of the Iowa City Police Department to enforce and investigate all criminal activity including vice, narcotics and organized crime, the Criminal Investigations Section is specifically charged to respond to white collar crime, money laundering, narcotics/drug trafficking, vice, economic and organized crime activities. The Iowa City Police Department will monitor these criminal organizations and utilize appropriate investigative strategies, in conjunction with other involved law enforcement agencies, to identify members, develop criminal cases for prosecution and dismantle such organizations. INV-04.2 III. DEFINITIONS Organized crime groups are characterized by: A. A goal to perpetuate the life of the group; B. Financial or economic gain; C. Advancement of power or influence; D. Criminal activity. Organized crime groups may utilize intimidation, violence, or promote corruption to advance their goals. IV. PROCEDURES INVESTIGATIONS A. The Criminal Investigations Section (CIS) will routinely investigate vicelorganized crime and drug/narcotics activities which come to its attention. These activities include but are not limited to: 1. Manufacture, distribution and possession of controlled substances (illicit drugs); 2. Illegal sale or distribution of firearms and/or explosives; 3. 4. Pornography; 5. Illegal gambling; 6. "Loan Sharking'; 7. Corruption, such as the use of bribery or fraudulent activity to gain influence; 8. Gang related property crimes or crimes against persons. B. All intelligence information and complaints shall be reviewed and evaluated by the CIS supervisor for possible assignment. The CIS supervisor will assign and/or authorize investigations based on the following criteria: 1. Nature of intelligence/complaint; 2. Validity of intelligence/complaint; 3. Availability of resources; 4. Priorities. REPORTS AND RECORDS A. All members of the department are responsible to report any suspected vice, narcotics/drug, or organized crime activities. A thorough preliminary investigation will be conducted in a manner similar to all other criminal investigations and shall include witness information and statements. The CIS supervisor shall evaluate all information received and investigate crimes in conjunction with other investigative units. B. All complaints of vice, narcotics/drug, or organized crime activities shall be recorded on an incident report form and may be issued a standard complaint number. INV-04.3 a. Intelligence information not alleging a specific criminal act may be forwarded directly to the CIS supervisor for evaluation and determination if it shall be included in departmental criminal intelligence files. C. The Crime Analysis/Intelligence unit shall analyze available intelligence and assist investigators in identification of criminal organizations, networks, their activities, and characteristics of targeted victims. D. Each such case shall include full documentation of all correspondence or information sent and received to/from outside agencies. MAII active, open cases involving vice, narcotics/drug and organized crime investigations shall be locked in a secure storage area by the case investigator. They shall not be placed in Central Records until a final disposition has been made and/or unless directed by CIS supervisor. F The CIS supervisor shall track and document statistical information and maintain a complete log of all vice, narcotics/drug, and organized crime complaints. G. The CIS supervisor shall periodically meet with the Chief of Police or designee to brief him/her on ongoing "vice" investigations. COVERT AND UNDERCOVER OPERATIONS A. CIS personnel who are assigned covert assignments will prepare appropriate cover stories for home and work credibility, as determined by the CIS supervisor. They shall not disclose their assignment to anyone outside of family and the criminal justice community. B. CIS personnel shall be responsible for and shall maintain overall confidentially of their cover and the cover of other assigned officers who are with the Iowa City Police Department or other agencies. C. The CIS supervisor shall issue equipment to covert officers as necessary for them to safely and effectively perform their duties. D. Officers assigned to undercover operations in vice, narcotic/drug, or organized crime investigations shall be responsible for those enforcement actions requiring undercover infiltration, drug buys, and deptoyment of decoys. E. The CIS shall utilize legal and acceptable methods when -conducting covert operations and utilizing electronic surveillance equipment -far. the -"successful completion of the operation. F. Basic types of Covert Operations 1. Raids 2. Undercover infiltration, deployment of decoys or confidential informants 3. Surveillance G. The case investigator shall prepare a Covert Operations Plan for each operation. 1. The plan will provide information regarding the overall objective and incorporate information regarding procedures and methods, officer safety, target area and contingencies. INV-04.4 2. The Operations Plan will include type of operation, suspects, location, suspect vehicles, radio assignments, special concerns, officers involved, confidential informants, arrest/trouble signals, equipment and instructions. 1 The case investigator will ensure that all assisting personnel are informed of the details of the plan. a. If time permits, the plan should be reduced to writing and all participants provided a copy, with the original being forwarded to the CIS supervisor. b. If time does not permit the plan to be written prior to implementation, the case investigator shall detail the plan in writing after its execution. 4. All operations plans shall be reviewed and approved in advance by the CIS supervisor. Verbal approval may be given in those instances where the CIS supervisor is not physically present at the time of completion of the operations plan. 5. In the case of a raid in which the SRT is to be utilized, the SRT commander may approve the operations plan in lieu of the CIS supervisor. 6. Operations Plans shall be retained for a minimum of one calendar year. 7. The CIS supervisor shall be notified prior to commencement of all undercover operations. The undercover officer shall brief the supervisor about the investigation and any plans that have been made. The CIS supervisor is responsible for coordinating overall activities. 8. The safety of bystanders, cooperating individuals, and undercover officers shall be considered when planning and executing an undercover operation. 9. The following shall also be considered during the planning and execution of an undercover operation: a. The true identity of the suspect(s), their methods of operation, associates, places frequented, etc. b. Make provisions for adequate auditory and/or visual surveillance prior to, during and after any purchase. C. Prearrange methods of communications, signals, rendezvous points, etc. H. The security of official funds is the responsibility of the undercover officer and must be considered in the investigative objectives. 1. Money used during undercover operations as "flash" or buy money shall be photocopied or otherwise recorded prior to the start of the`,operation by the undercover officer or, if applicable, informantlagent. The officer shall sign and record the date and time and submit the record to the case file. a. These funds shall be accounted for on a quarterly 'basis in accordance with departmental guidelines. 1. While acknowledging that any covert operation has certain inherent dangers, the decision to continue a specific operation must be continually evaluated by the officers involved, the supervisor and the commander. 1. Covert operations will be terminated when the danger level of the operation outweighs the benefit of obtaining the intelligence or making the case. 2. The decision to abandon the operation may be the most intelligent course of action, and may be made at the involved officers) discretion at any kiM11l time, based on his/her judgment, knowledge, or "instinct'. An officer will not be disciplined for abandoning an operation for cause, based on articulable reasons. Denise Brotherton, Interim 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. SER-03.1 LICENSEE e Date of Issue General Order Number OCTOBER 04, 1991 91-06 Effective Date Section Code December 23, 2020 SER-03 Reevaluation Date AmendslCancels December 2023 C.A.L.E.A. Reference INDEX AS Background Investigations, Licensee Licensee Background Investigations PURPOSE The purpose of this order is to establish the policies and procedures for conducting background investigations on applicants for licenses with the Iowa City Police Department. This order consists of the following numbered sections: xl t; ra I. Policy II. Responsibility and Authority III. Purpose of Licensee Investigations IV. Use of Information V. Control of Information VI. Resources for Licensee Background Investigations VII. Effective Date SER-03.2 1. POLICY A. It shall be the policy of the Iowa City Police Department to conduct a background investigation on applicants for liquor licenses, taxicab licenses, or other appropriate licenses with the City of Iowa City. Background investigations may be conducted in other instances where they may aid a criminal investigation. 11. RESPONSIBILITY AND AUTHORITY A. The Chief of Police or their designee will be responsible for the coordination of licensee background investigations and for the submission of a written notice to the Chief of Police on the results of that investigation. B. Records personnel will be responsible for assisting in gathering information necessary for conducting licensee background investigations. III. PURPOSE OF LICENSEE BACKGROUND INVESTIGATIONS A. Locate criminal history backgrounds of person(s). B. Substantiate and corroborate information already available on person(s). C. To link person subject of background investigation to other person(s) that are known to engage or have engaged in illicit activities. D. Determine moral turpitude of person(s). r.> IV. USE OF INFORMATION A. Information obtained about taxi cab applications and liquor license applications will be forwarded to the proper authority within the City of Iowa City as may be required. ,a B. Information obtained on suspected person(s) with suspected criminal activities will be used in conjunction with other information in an attempt to develop a criminal case on the person(s) or for the gaining of intelligence information. V. CONTROL OF INFORMATION A. The information obtained in the background investigation will be presented in a written notice to the Chief of Police. The report of liquor license applicants will be forwarded to the proper City authority. B. The information obtained will be secured separately from other Department records. These reports will be controlled and maintained by the Records Manager. 9. Background investigations for criminal investigation purposes may be stored in the intelligence files of the Investigations Commander. SER-03.3 C. The information obtained on licensee background investigations will be updated periodically and purged as circumstances dictate, with the approval of the Chief of Police. VI. RESOURCES FOR LICENSEE BACKGROUND INVESTIGATIONS A. Federal Aqencies 1. FBI (NCIC, fingerprints) 2. Military 3. Post Office 4. Immigration 5. DEA 6. State Department (passports) 7. Treasury (Customs, IRS, ATF) 8. MOCIC (Midwest Organized Crime Information Center) B. State Agencies 1. . - 7 a] Driver's licenses b] Vehicle registration c] Corporation securities 2. State Police (IDPS) 3. Department of Corrections 4. Department of Criminal Investigations (criminal history) 5. Attorney General 6. LEIN C. County Agencies 1. Sheriff 2. Marriage Records 3. Birth/death Records SER-03.4 . .. 5. Welfare Programs 6. Juvenile/Family Courts I!jjjjjMM*- 1. Water Department Checks 2. City licenses/permits 3. Police reports filed (victim, witness, suspect) E. Private Areas 1. Education records 2. Credit checks 3. Business contacts (banks, store, etc.) 4. People a] Associates b] Neighbors c] Family d] Acquaintances 6. Employers 7. Subscription based information services Denise Brotherton, Interim 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. REDLINE VERSION Red highlights are deletions Green highlights are additions SER-03.1 LICENSEE BACKGROUND INVESTIGATION Date of Issue General Order Number OCTOBER 04,1991 191-06 Effective Date Section Code December 23, 2020 SER-03 Reevaluation Date Amends/Cancels December 2023 1 C.A.L.E.A. I Reference INDEX AS Background Investigations, Licensee Licensee Background Investigations PURPOSE The purpose of this order is to establish the policies and procedures for conducting background investigations on applicants for licenses with the Iowa City Police Department. This order consists of the following numbered sections: I. Policy 11. Responsibility and Authority 111. Purpose of Licensee Investigations IV. Use of Information V. Control of Information A Resources for Licensee Background Investigations VII. Effective Date F I. POLICY A. It shall be the policy of the Iowa City Police Department to conduct a background investigation on applicants for liquor licenses, taxicab licenses, or other appropriate licenses with the City of Iowa City. Background investigations may be conducted in other instances where they may aid a criminal investigation. II. RESPONSIBILITY AND AUTHORITY A. The Chief of Police or their designee will be responsible for the coordination of licensee background investigations and for the submission of a written _ to the Chief of Police on the results of that investigation. B. Records personnel will be responsible for assisting in gathering information necessary for conducting licensee background investigations. 111. PURPOSE OF LICENSEE BACKGROUND INVESTIGATIONS A. Locate criminal history backgrounds of person(s). B. Substantiate and corroborate information already available on person(s). C. To link person subject of background investigation to other person(s) that are known to engage or have engaged in illicit activities. D. Determine moral turpitude of person(s). IV. USE OF INFORMATION A. Information obtained about taxi cab applications and ligi 6r license applications will be forwarded to the proper authority within the C)ty of Iowa City as may be required. B. Information obtained on suspected person(s) with suspected criminal activities will be used in conjunction with other information in an attempt to develop a criminal case on the person(s) or for the gaining of intelligence information. V. CONTROL OF INFORMATION A. The information obtained in the background investigation will be presented in a written _ _ to the Chief of Police. The report of liquor license applicants will be forwarded to the proper City authority. B. The information obtained will be secured separately from other Department records. These reports will be controlled and maintained by the Records Manager. 1. Background investigations for criminal investigation purposes may be stored in the intelligence files of the Investigations Commander. SER-03.3 C. The information obtained on licensee background investigations will be updated periodically and purged as circumstances dictate, with the approval of the Chief of Police. VI. RESOURCES FOR LICENSEE BACKGROUND INVESTIGATIONS A. Federal Agencies 1. FBI (NCIC, fingerprints) 2. Military 3. Post Office 4. Immigration 5. DEA 6. State Department (passports) 7. Treasury (Customs, IRS, ATF) 8. MOCIC (Midwest Organized Crime Information Center) B. State Agencies a] Driver's licenses b] Vehicle registration c] Corporation securities 2. State Police (IDPS) 3. Department of Corrections 4. Department of Criminal Investigations (criminal history) 5. Attorney General 6. LEIN C. County Agencies 1. Sheriff 2. Marriage Records 3. Birth/death Records SER-03.4 4. Real Estate Records 5. Welfare Programs 6. Juvenile/Family Courts D. Local Agencies 1. Water Department Checks 2. City licenses/permits 3. Police reports filed (victim, witness, suspect) E. Private Areas 1. Education records 2. Credit checks 3. Business contacts (banks, store, etc.) 4. People a] Associates b] Neighbors c] Family _ d] Acquaintances - 6. Employers 7. Subscription based information services Denise Brotherton, Interim Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of a higher legal standard of safety or care in an evidentiary sense with respect to third -party claims. Violations of this directive will only form the basis for departmental administrative sanctions. OPS-05.1 r r IMAM" f r r \ r 7 • r a rom Original Date of Issue General Order Number January 10, 2001 01-04 Effective Date of Reissue Section Code December 23, 2020 1 OPS-05 Reevaluation Date Amends December 2022 1 OPS-05 Previous Version C.A.L.E.A. Reference 46.1.5 (see "INDEX AS:") INDEX AS: Building Searches Communications Media 77 1. PURPOSE :' The purpose of this order is to provide officers with procedures for dealing with actual or threatened bomb incidents to include response, deployment, search, evacuation and assistance to specialized units. 11. POLICY While many bomb threats are later determined to be hoaxes, they all present particularly serious response requirements for law enforcement agencies. It is the policy of the Iowa City Police Department that all responses to bomb threats or emergencies be conducted systematically, efficiently and in a manner that gives primary consideration to the protection of human life. OPS-05.2 III. DEFINITIONS Bomb Threat: A bomb threat condition exists when an explosive device has been reported or is suspected to be at a given location. Bomb Emergency: A bomb emergency exists when a suspected or actual explosive device has been located or detonated. Bomb Disposal Commander: Current Bomb Team Commander. IV. PROCEDURES A. COMMUNICATIONS RESPONSIBILITIES Emergency communications will be conducted according to the established policies and practices of the Joint Emergency Communications Center and currently includes the following: 1. Communications personnel receiving bomb threats or warnings from callers shall, to the degree possible: a. Keep the reporting party on the line. b. Identify the location of the device with as much precision as possible and determine when it will be or if it has been detonated. c. Attempt to determine; 1. What the device looks like; 2. The type of explosive device which is involved; 3. What will make it detonate, (e.g., radio signal, time delay, fuse;) 4. Why was it placed? 2. Communications personnel receiving reports from individuals or organizations that have received bomb threats shall: a. Alert the supervisor in charge; b. Determine the location, time of detonation, appearance and any. other available information concerning the nature of the threat or identity of the perpetrators; c. If no explosive device has been identified, ask the caller to check with employees and others for the presence of unusual parcels or items on the premises; d. Dispatch requisite patrol units and emergency personnel; and F e. Ensure that the watch supervisor is notified as soon as practical. 3. Based on the nature of the threat, the supervisor in charge will, as required, make certain the following are alerted: a. Commander of Field Operations or designee; b. Chief of Police or designee; c. Fire, rescue and ambulance units; d. Bomb disposal personnel; e. Emergency rooms of local hospitals; f. Public Information officer; g. Local utility companies; h. When a bomb threat is received, the supervisor in charge may cause bomb disposal personnel to be notified for informational purposes; however, if the threat is directed at a school and time allows, the Bomb Team Commander and/or Bomb Team would like to be notified. If a OPS-05.3 suspected or actual device is located, bomb disposal personnel shall respond to the scene and the Bomb Disposal Commander shall have control of the bomb scene, with the Incident Commander maintaining overall control of the incident. 4. When a bomb threat is received in writing, every effort shall be made to preserve the notice as evidence. B. RESPONDING OFFICERS RESPONSIBILITIES 1. Responding patrol units should not use any electronic transmission device within 300 feet of the reported location. This includes car and portable radios, MDTs, Cell phones etc. 2. If applicable, responding officers will contact the individual who received the threat to obtain additional information, including: a. Whether previous threats have been received; b. Possible motives and/or suspects; c. Vulnerabilities of equipment and personnel; and d. Exploration of any basic information provided to communications. 3. In bomb emergencies, responding officers shall establish and secure a suitable perimeter. sv C. SEARCHING FOR EXPLOSIVE DEVICES 1. If an explosive device is alleged to be within a building but has not been located, the supervisor in charge will contact building owners and/or' management to determine if a search of the facility is desired. ' 2. The decision to search, evacuate or to reenter a structure/location during a bomb threat will be the responsibility of the individual in charge of the property. a. The supervisor in charge at the scene shall provide information, as available, to responsible parties in order to assist them in making decisions on searching, evacuation or reentry. b. If building management and/or the responsible party does not wish that a search be conducted, no further action by the Iowa City Police Department is warranted pertaining to a search of the premises. The Iowa City Police Department will follow-up on all leads pertaining to the call and complete all reporting requirements. c. In cases where a real or suspected explosive device, as determined by bomb disposal personnel, has been detected, the officer in charge shall cause the evacuation of the property regardless of the desires of the responsible party and/or property management. 3. Searches of target buildings/properties shall be conducted only with the direct assistance of employees or others knowledgeable of the contents and layout of the building. a. The supervisor in charge may request the assistance of a bomb detection canine and/or bomb disposal personnel in order to assist in conducting the search. b. A search plan shall be developed identifying the extent of the search, depending upon the type of establishment, the motivation of the perpetrator and accessibility of the building. OPS-05.4 c. Whenever practical, a floor plan shall be obtained and a systematic search organized by the supervisor in charge. The search plan shall establish communications within the search area. d. In no case will a member of this department declare that no bomb is present or in any way make the representation that the building is safe to enter or occupy; regardless of the thoroughness of the search. 4. When conducting a search without the assistance of bomb disposal personnel, officers should be particularly alert to the following items as indicators that there may be explosives at the location. Officers should be cautioned that the absence of these items does not assure the absence of an explosive device: a. Explosive -related pamphlets, periodicals and books; b. Excessive amounts of galvanized or PVC pipe nipples, and end caps, especially if they have drill holes in the nipple or cap; c. Low -explosive powders or other incendiary mixtures; d. Fuses of any type to include homemade burning fuses, such as string soaked in a burning powder; e. Electrical switches; and f. Electrical matches, blasting caps or similar initiators. D. LOCATED EXPLOSIVE DEVICES 1. If a real or suspicious device has been located or explosive paraphernalia identified, officers should: a. Not attempt to move or otherwise disturb the device(s); b. Not use devices which transmit an electronic signal; `. c. Proceed with immediate evacuation of the structure and/or the area to a point consistent with the threat but not less than 300 feet from the device(s); d. Define and secure the perimeter; e. Notify communications of the discovery of the device; f. Notify the bomb disposal unit. 2. The supervisor in charge is responsible for the briefing of investigators and ordnance specialists as appropriate. 3. The bomb disposal commander shall have functional authority at any bomb emergency to direct departmental personnel in a manner necessary to accomplish its mission in a safe and efficient manner. 4. In situations where explosive or suspicious devices are found, the watch supervisor shall notify bomb disposal personnel. This includes situations where citizens wish to surrender explosive devices and/or military ordnance. E. POST -INCIDENT INVESTIGATION The Johnson County Metro Bomb Squad shall have primary responsibility for investigating bomb incidents. During the investigation of bomb incidents, the Johnson County Metro Bomb Squad will work under the direction of the Investigative Supervisor or designee. The investigation is to include: 1. Checking the site for undetonated explosives or secondary devices; 2. Coordinating evidence recovery; 3. Requesting the assistance of other agencies to determine the nature and construction of explosives and identification of suspects; 4. Coordinating with intelligence operations of this department, and those of state and federal sources; and 5. Assisting in the evaluation procedures, area and perimeter security, the availability of emergency services and coordination with the incident commander. 6. Completion of all state and federal reporting requirements. F. REPORTING On an annual basis the ranking Iowa City Police Department Bomb Team member shall forward a report to the Commander of Field Operations. This report shall at a minimum contain: 1. The number and summary of calls received during the year; 2. The number and summary of bomb threats received during the year; 3. The number and summary of bomb emergencies during the year; 4. The number and summary of explosive devices "sweeps" during the year; 5. The actual number of explosive devices located during the year; a. Description of actual devices. 6. Number of hours of explosive related training during the year; a. Summary of Training. Denise Brotherton, Interim Chief of Police 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. REDLINE VERSION Red highlights are deletions Green highlights are addiitions OPS-05.1 • N MM I 14 in 4 Original Date of Issue I General Order Number January 10, 2001 j 01-04 Effective Date of Reissue Section Code December 23, 2020 1 OPS-05 Reevaluation Date Amends December 2022 OPS-05 Previous Version C.A.L.EA. Reference 46.1.5 see "INDEX AS:" INDEX AS: Building Searches :4 Communications Media PURPOSE The purpose of this order is to provide officers with procedures for dealing with actual or threatened bomb incidents to include response, deployment, search, evacuation and assistance to specialized units. 11. POLICY While many bomb threats are later determined to be hoaxes, they all present particularly serious response requirements for law enforcement agencies. It is the policy of the Iowa City Police Department that all responses to bomb threats or emergencies be conducted systematically, efficiently and in a manner that gives primary consideration to the protection of human life. OPS-05.2 III. DEFINITIONS Bomb Threat: A bomb threat condition exists when an explosive device has been reported or is suspected to be at a given location. Bomb Emergency: A bomb emergency exists when a suspected or actual explosive device has been located or detonated. Bomb Disposal Commander: Current Bomb Team Commander. IV. PROCEDURES A. COMMUNICATIONS RESPONSIBILITIES Emergency communications will be conducted according to the established policies and practices of the Joint Emergency Communications Center and currently includes the following: 1. Communications personnel receiving bomb threats or warnings from callers shall, to the degree possible: a. Keep the reporting party on the line. b. Identify the location of the device with as much precision as possible and determine when it will be or if it has been detonated. c. Attempt to determine; 1. What the device looks like; 2. The type of explosive device which is involved; 3. What will make it detonate, (e.g., radio signal, time delay, fuse;) 4. Why was it placed? 2. Communications personnel receiving reports from individuals or organizations that have received bomb threats shall: a. Alert the supervisor in charge; b. Determine the location, time of detonation, appearance and any other available information concerning the nature of the threat or identity of the perpetrators; c. If no explosive device has been identified, ask the caller to check with employees and others for the presence of unusual parcels or items on the premises; d. Dispatch requisite patrol units and emergency personnel; and e. Ensure that the watch supervisor is notified as soon as practical. 3. Based on the nature of the threat, the supervisor in charge_will,•s required, make certain the following are alerted: - a. Commander of Field Operations or designee; b. Chief of Police or designee; c. Fire, rescue and ambulance units; d. Bomb disposal personnel; e. Emergency rooms of local hospitals; f. Public Information officer; g. Local utility companies; h. When a bomb threat is received, the supervisor in charge may cause bomb disposal personnel to be notified for informational purposes; however, if the threat is directed at a school and time allows, the Bomb Team Commander and/or Bomb Team would like to be notified. If a OPS-05.3 suspected or actual device is located, bomb disposal personnel shall respond to the scene and the Bomb Disposal Commander shall have control of the bomb scene, with the Incident Commander maintaining overall control of the incident. 4. When a bomb threat is received in writing, every effort shall be made to preserve the notice as evidence. B. RESPONDING OFFICERS RESPONSIBILITIES 1. Responding patrol units should not use any electronic transmission device within 300 feet of the reported location. This includes car and portable radios, MDTs, Cell phones etc. 2. If applicable, responding officers will contact the individual who received the threat to obtain additional information, including: a. Whether previous threats have been received; b. Possible motives and/or suspects; c. Vulnerabilities of equipment and personnel; and d. Exploration of any basic information provided to communications. 3. In bomb emergencies, responding officers shall establish and secure a suitable perimeter. C. SEARCHING FOR EXPLOSIVE DEVICES 1. If an explosive device is alleged to be within a building but has not been located, the supervisor in charge will contact building owners and/or management to determine if a search of the facility is desired. 2. The decision to search, evacuate or to reenter a structure/location during a bomb threat will be the responsibility of the individual in charge of the property. a. The supervisor in charge at the scene shall provide information, as available, to responsible parties in order to assist them in making decisions on searching, evacuation or reentry. b. If building management and/or the responsible party does not wish that a search be conducted, no further action by the Iowa City Police Department is warranted pertaining to a search of the premises, The Iowa City Police Department will follow-up on all leads pertaining to the call and complete all reporting requirements. c. In cases where a real or suspected explosive device, as determined by bomb disposal personnel, has been detected, the officer in charge shall cause the evacuation of the property regardless of the desires of 4he responsible party and/or property management. 3. Searches of target buildings/properties shall be conducted only with the direct assistance of employees or others knowledgeable of the contents and layout of the building. a. The supervisor in charge may request the assistance of a bomb detection canine and/or bomb disposal personnel in order to assist in conducting the search. b. A search plan shall be developed identifying the extent of the search, depending upon the type of establishment, the motivation of the perpetrator and accessibility of the building. c. Whenever practical, a floor plan shall be obtained and a systematic search organized by the supervisor in charge. The search plan shall establish communications within the search area. d. In no case will a member of this department declare that no bomb is present or in any way make the representation that the building is safe to enter or occupy; regardless of the thoroughness of the search. 4. When conducting a search without the assistance of bomb disposal personnel, officers should be particularly alert to the following items as indicators that there may be explosives at the location. Officers should be cautioned that the absence of these items does not assure the absence of an explosive device: a. Explosive -related pamphlets, periodicals and books; b. Excessive amounts of galvanized or PVC pipe nipples, and end caps, especially if they have drill holes in the nipple or cap; c. Low -explosive powders or other incendiary mixtures; d. Fuses of any type to include homemade burning fuses, such as string soaked in a burning powder; e. Electrical switches; and f. Electrical matches, blasting caps or similar initiators. D. LOCATED EXPLOSIVE DEVICES 1. If a real or suspicious device has been located or explosive paraphernalia identified, officers should: a. Not attempt to move or otherwise disturb the device(s);. b. Not use devices which transmit an electronic signal; c. Proceed with immediate evacuation of the structure and/or the area to a point consistent with the threat but not less than 300 feet from the device(s); d. Define and secure the perimeter; e. Notify communications of the discovery of the device; f. Notify the bomb disposal unit. 2. The supervisor in charge is responsible for the briefing of investigators and ordnance specialists as appropriate. 3. The bomb disposal commander shall have functional authority at any bomb emergency to direct departmental personnel in a manner necessary to accomplish its mission in a safe and efficient manner. 4. In situations where explosive or suspicious devices are found, the watch supervisor shall notify bomb disposal personnel. This includes situations where citizens wish to surrender explosive devices and/or military ordnance. E. POST -INCIDENT INVESTIGATION shall have primary responsibility for investigating bomb incidents. Durin the investigation of bomb incidents, the M will work under the direction of the Investigative Supervisor or designee. The investigation is to include: 1. Checking the site for undetonated explosives or secondary devices; 2. Coordinating evidence recovery; OPS-05.5 3. Requesting the assistance of other agencies to determine the nature and construction of explosives and identification of suspects; 4. Coordinating with intelligence operations of this department, and those of state and federal sources; and 5. Assisting in the evaluation procedures, area and perimeter security, the availability of emergency services and coordination with the incident commander. 6. Completion of all state and federal reporting requirements. F. REPORTING On an annual basis the ranking Iowa City Police Department Bomb Team member shall forward a report to the Commander of Field Operations. This report shall at a minimum contain: 1. The number and summary of calls received during the year; 2. The number and summary of bomb threats received during the year; 3. The number and summary of bomb emergencies during the year; 4. The number and summary of explosive devices "sweeps" during the year; 5. The actual number of explosive devices located during the year; a. Description of actual devices. 6. Number of hours of explosive related training during the year; a. Summary of Training. Denise Brotherton, Interim 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. ADM-07.1 Date of Issue General Order Number July 19, 2000 00-04 Effective Date Section Code December 11, 2020 ADM-07 Reevaluation Date Amends I Cancels December 2023 C.A.L. EA. Reference 41.3.5, 41.3.6 INDEXAS; Body Armor Warrant Service _= Inspections Bicycle Operations p I. PURPOSE The purpose of this policy is to provide sworn members of the Iowa City Police Department with guidelines for the proper use and care of body armor. II. POLICY It is the policy of the Iowa City Police Department to maximize officer safety through the use of body armor in combination with prescribed safety procedures. While body armor provides a significant level of protection, it is not a substitute for the observance of officer safety procedures. !_11hh Q� III. DEFINITIONS Field Activities - Duty assignments and/or tasks that place or could reasonably be expected to place officers in situations where they would be required to act in enforcement rather than administrative or support capacities. IV. PROCEDURE A. Issuance of Body Armor 1. All body armor issued shall comply with protective and related requirements prescribed under current standards of the National Institute of Justice. 2. All officers shall be issued body armor pursuant to existing labor contract. 3. Body armor that is worn or damaged shall be replaced by the department. B. Use of Body Armor 1. Officers shall wear only body armor approved by the Department. 2. Officers that are assigned to a uniformed function shall wear body armor while engaged in field activities both on regular and during extra duty employment. 3. Non -uniformed sworn officers should wear body armor while engaged in field activities except when engaged in undercover or plain -clothes assignments that his/her supervisor determines could be compromised by wearing body armor. Non -uniformed officers not wearing their body armor shall have it readily available. 6 4. Body armor shall be worn when serving warrants that indicate the suspect has resisted police in the past, is being arrested for a weapons- ffense, or other circumstances as determined by a watch supervisor"' - ., 5. Care, Maintenance and Replacement of Body Armor a. Officers shall routinely inspect personal body armor `forsigns of damage and for general cleanliness. b. On an annual basis, officers shall inspect their body armor for fit, cleanliness, and signs of damage, abuse and wear. c. As dirt and perspiration may erode ballistic panels, each officer shall be responsible for cleaning personal body armor in accordance with manufacturer's instructions. d. Officers are responsible for the proper storage, maintenance and care of body armor in accordance with manufacturer's instructions. e. Officers are responsible for reporting damage or excessive wear to the ballistic panels or cover to their supervisor and the Commander of Administrative Services. ADM-07.3 f. Body armor will be replaced in accordance with guidelines and protocols established by the National Institute for Justice. g. The Commanding Officer Administrative Services shall monitor technological advances in body armor that may necessitate a change in body armor. h. The Commanding Officer Field Operations shall continually assess weapons and ammunition currently in use and the suitability of approved body armor to protect against those threats. 4. Acknowledgement of Risk a. An officer electing not to wear the body armor provided by the Department acknowledges the increased risk to their safety. Officers shall not be excluded or excused from the performance of any duty because of the officer's decision not to wear body armor. Officers choosing not to wear body armor are not precluded from responding to the scene of emergency situations immediately. Officers electing not wear or to carry their body armor with them acknowledge that they will not be able to retrieve their body armor prior to responding to any call. Denise Brotherton, Interim Chief of Police WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of a higher legal standard of safety or care in an evidentiary sense with respect to third -party claims. Violations of this directive will only form the basis for departmental administrative sanctions. OPS-06.1 EMERGENCY OPERATION OF POLICE VEHICLES Original Date of Issue General Order Number January 23, 2001 95-01 Effective Date of Reissue Section Code December 16, 2020 1 OPS-06 Reevaluation Date Amends December 2021 1 OPS-06 Previous Version C.A.L.E.A. Reference 41.2.1, 41.3.3, 61.3.3 INDEX AS: Emergency Communications Traffic Stops Police Vehicle Pursuits I. PURPOSE Seat Belts Occupant Restraints ft; The purpose of this order is to clarify the operation of departmental vehicles in non -pursuit situations. II. POLICY It is the policy of the Iowa City Police Department to ensure that all departmental vehicles are in safe operating condition and that they will be operated in a safe and legal manner. When responding to a call, members will operate vehicles in compliance with State Law and City Ordinances relating to motor vehicle operations. DEFINITIONS Pursuit Driving: for the purpose of this order, pursuit means chasing a fleeing suspect who is exceeding the posted speed limit or driving in an evasive or unsafe manner [General Order 99-01 Police Vehicle Pursuits]. IV. PROCEDURES Police vehicles responding to calls will be operated in either a routine, urgent or emergency mode. These modes are defined as: Routine - Non -life threatening or property damage producing incidents. For example, shoplifting incidents, criminal investigation reports (not in progress), loud noise or disturbance calls, requests for service and other non -emergency calls. Routine responses involve no use of either emergency lights or siren. When an officer is operating in a routine mode, he/she shall obey all laws and ordinances pertaining to motor vehicle operations. Urgent - Immediate response, though there is no imminent threat to life or property. Emergency lights/siren may be used intermittently at the offi6er's discretion. For example, property damage accident with roadway blockod. Urgent responses may involve the use of emergency lights. Unless emergency lights are activated, the officer shall obey all laws and ordinances pertaining to routine motor vehicle operations. Emergency (code 3) - An emergency situation exists, and there is an immediate threat to a person or property. The officer should respond with emergercy lights and siren. When operating in or responding to an emergency assignment, the following guidelines shall be adhered to. Code 3 responses involve the use of emergency lights and siren. Emergency lights should be used at all times while responding to an emergency assignment. A. No unit assigned to an officer shall be driven in such a manner or at such a speed that the officer is unable to safely maintain control of the vehicle. B. No unit shall be driven through an intersection which is controlled by an automatic traffic signal when the red light is showing until said unit has slowed to such a speed that they could safely come to a stop. The officer may then proceed with caution only after determining it is safe to do so. C. No unit shall be driven through an intersection which is controlled by a stop sign, until the operator has slowed to such a speed that they could safely come to a stop. The officer may proceed after determining it is safe to do so. D. Sirens may be used whenever necessary in the judgment of the officer driving the vehicle. (There are many times when the use of a siren is unnecessary and only creates confusion and draws crowds.) OP5-06.3 E. When emergency equipment is deactivated the responding officer shall obey all traffic laws and proceed in a manner consistent with the normal flow of traffic. Use of Emergency Lights - Emergency lights may be used when, in the opinion of the operating officer, it is necessary to stop violators and/or alert passing or oncoming drivers to dangerous situations such as accident scenes. Once the need for displaying emergency lights is over, they shall be turned off. In a case where emergency lights are used to stop a violator, they shall be turned off as soon as it is safe to do so. Officers may elect to leave emergency lights activated if vehicles are stopped in a position that might create a hazard and/or if the situation itself is unsafe/unstable. The use of emergency lights and/or siren is dictated by the particular circumstances of a call. Examples include, but are not limited to: A. Responding to a call where there is an immediate threat to person or property. B. Stopping a vehicle on the roadway. C. At the scene of an accident. D. At a traffic control assignment. E. At the scene of a hazard or roadway obstruction. The spotlight is primarily designed for illumination of the interior of stopped vehicles. The spotlight shall not be used for signaling vehicles. When used to illuminate, the spotlight should be positioned so it will not be directed at oncoming traffic. When responding to an assignment, officers will not operate vehicles at a speed or in such a manner that inhibits his/her ability to control the vehicle. Officers will adhere to the basic rules of traffic safety, regardless of the nature of the assignment. Any officer who is involved in a collision will be required to explain his/her actions. Factors which the officer shall consider in determining the speed at which a police vehicle 'is operated include but are not limited to: r -y A. the officer's ability to control the vehicle; B. roadway conditions; C. light conditions; D. traffic conditions; E. nature of the offense or situation; F. the danger posed to the public and the officer by the speed of the vehicle. The ultimate responsibility for the safe operation of a police vehicle is with the operator of the vehicle. When operating a vehicle in any situation, officers are expected at all times to exercise the highest degree of care. 3 OPS-06.4 The operation of a vehicle against traffic on one-way streets or controlled access roadways shall only be performed under the most extreme circumstances and only when specifically authorized to do so by a supervisory officer. When an officer is notified of an actual or potential emergency situation by other than the communications center, the receiving officer shall report to the communications center the nature and location of the incident. When practical, the name of the person who made the initial notification to the officer should be recorded. PRIORITIZATION OF CALLS FOR SERVICE Calls for service received by the Communications Center are assigned a priority category. The priority assigned each call is based upon the urgency of the incident reported, with the highest priority given to life -threatening or potentially life -threatening situations. Calls shall be categorized and dispatched according to the following priorities: A. Prior_ Those calls for service that involve life threatening or potentially life threatening situations are Priority 1 calls. The dispatch of an officer or officers is urgent. If sufficient manpower is unavailable for response, the Emergency Communications Operator (ECO) may call an officer en route to or already on the scene of a call with lesser priority to respond. Examples of Priority 1 calls include but are not limited to; life -threatening medical calls, personal injury crashes, crashes with unknown injuries, officer(s) in need of urgent or emergency assistance, shootings, stabbings, violent domestic dispute calls, and citizens' report of an in -progress crime against a person. Officers responding to Priority 1 calls may respond in an emergency (Code 3) or urgent mode or a combination of both. B. Priority 2: Calls for service which may require an element of surprise to apprehend a perpetrator or require a shortened response time are Priority 2 calls. Such calls include but are not limited to: Intrusion or panic alarms, residential alarms or bank alarms when the business is normally open, or reports of felony property crimes in progress. Officers may respond to Priority 2 calls in an emergency (Code 3) or urgent mode, or a combination of both. C. Priority 3: All other routine calls for service which require a timely, but non -emergency response are Priority 3 calls. Examples of Priority 3 calls include but are not limited to; reports of past tense incidents where a preliminary investigation is required and a suspect is no longer present, first -aid calls which do not involve life -threatening circumstances, property damage vehicular crashes, person(s) in custody who are not combative. Officers shall respond to Priority 3 calls in a routine mode. 0 OPS-06.5 D. Priority 4: Calls for service which are of such nature that they may be taken when the area car is available. Priority 4 calls include but are not limited to animal complaints and parking problems which pose no traffic hazard. Officers will respond to Priority 4 calls in a routine mode. UNIT ASSIGNMENT To the extent possible the nearest available area car will be assigned as the initial unit of a Priority 1 call and will normally respond in either an urgent or emergency (Code 3) mode. The next nearest unit should be assigned as the second unit to the call. Secondary unit(s) should consider responding in a routine mode. However, if the gravity of the situation and/or the distance to be traversed would unnecessarily delay the arrival of the assisting unit(s), the secondary unit(s) may respond in an urgent or emergency (Code 3) mode. In these circumstances, the responding officers must weigh the jeopardy their response presents to themselves and the public. The assisting officer(s) must remain mindful of the fact that other emergency vehicles may be responding to the area in an emergency (Code 3) mode. To the extent possible, the nearest available area car will be assigned as the initial unit on a Priority 2 call and will normally respond in either an urgent or emergency (Code 3) mode. The next nearest unit should be assigned as the second unit to the call. Secondary unit(s) should consider responding in a routine mode. However, if the gravity of the situation and/or the distance to be traversed would unnecessarily delay the arrival of the assisting unit(s) the officer(s) may elevate their response to_urgent or emergency (Code 3). Priority 3 calls should be assigned to an area car. If the ECO determines that there will not be an area car available in a reasonable amount of time, the EGO may assign an available unit from another area. To the extent possible, the complainant should be advised by the ECO of a timeframe in which a unit will be responding. When circumstances preclude a unit from responding in a reasonable amount of time the ECO may set up a time convenient with the complainant for an officer to respond. SUPERVISOR RESPONSIBILITIES Watch supervisors have the responsibility to monitor the use of emergency response(s) by subordinates. Supervisors have the authority to upgrade, downgrade, or terminate the response of a subordinate. UNMARKED VEHICLES Operators of unmarked police vehicles should be constantly aware of their reduced visibility and adjust their response and tactics accordingly. While officers in unmarked vehicles may respond to incidents, they should not be assigned as the initial unit on an emergency call. All unmarked vehicles used for traffic enforcement shall be equipped 5 5ETIME. with emergency lights and siren. Officers operating unmarked vehicles not equipped with emergency lights and/or siren shall obey all laws and ordinances pertaining to motor vehicle operations. PURSUIT Officers of the Iowa City Police Department engaged in pursuit shall comply with section 321.231 of the Code of Iowa and will be governed by the Iowa City Police Department General Order # 99-01 Police Vehicle Pursuits. ESCORTS Private vehicles or other emergency vehicles (law enforcement, fire department, ambulance service, etc.) shall not be given an escort by a member of this department with the exception of a funeral procession or special event and in those exigent circumstances where the delay involved in an ambulance response to the scene may create a life and death situation. This section does not preclude officers from guiding "lost' motorists, or providing non - emergency chaperoning for businesses. OCCUPANT RESTRAINT All employees of the Iowa City Police Department are required to utilize safety belt devices whenever the employee operates a departmental vehicle and shall comply with Iowa Code 321.445 requiring the use of safety belts on all front seat occupants. Persons being transported in the back seat of marked patrol cars should be restrained with a safety belt, when they are cooperative and it does not compromise the safety of the officer(s) involved. -K Denise Brotherton, Interim Chief of RQIice 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. [y TO: Interim Chief Denise Brotherton FROM: Sgt. Paul Batcheller RE: November 2020 Use of Force Review DATE: December 17, 2020 The Iowa City Police Department policy requires an employee to complete a written report for any reportable use of force. Reportable use of force is defined in the Department's General Order 99-05, which is titled Use of Force and available for public viewing on the department's website. This policy provides employees with guidelines on the use of deadly and non -deadly force. Upon receipt of the report, the supervisor is responsible for completing an administrative critique of the force. This process includes interviews with involved employees, body worn and in -car camera review, review of any additional available video, and review of written reports. The employee's use of force report and the supervisor's critique is then forwarded to the Captain of Field Operations and the Chief of Police for final review and critique. On a monthly basis, the previous month's use of force reports and supervisor critiques are reviewed by an administrative review committee consisting of a minimum of three sworn personnel. This Use of Force Committee consists of two supervisors as designated by the Chief of Police and one officer, typically a certified use of force instructor. The Use of Force Review Committee met on December 14, 2020. It was composed of Sgt. Batcheller, Sgt. Rich, and Officer Clarahan. For the review of submitted reports in September, the Review Committee documented the following: • 45 individual officers were involved in 23 separate incidents requiring use of force. • There were no documented cases of an officer exercising his/her duty to intervene and the review of the incidents did not indicate that an officer failed their duty to intervene. • Out of the 23 uses of force, 12 involved force being used against a person. The other 11 were animals being euthanized by an officer. Out of the 45 officers involved in the 23 uses of force, minor injuries were sustained to one officer and one suspect. • During two instances, two officers had activation issues with their body-wom cameras. Reviewing supervisors forwarded the information to Command. The incidents were investigated and it was found that, in the first instance, one officer was on a call with their BWC active, but left briefly and inadvertently forgot to reactivate it when they returned. In the second instance, an officer showed up to an injured animal and was distracted and failed to activate the BWC before the animal was euthanized. All circumstances were considered in each incident and appropriate corrective action was taken. No other violations of the body -worn camera policy were noted during this review period. • Out of the 23 uses of force, arrests were made 7 times (30.4%). • Mental health was identified by officers as being a factor in 5 of the uses of force used against persons (41.7%). • Drugs and/or alcohol was identified by officers as being a factor in 9 of the uses of force against persons (75%). • 8 of the 12 human subjects force was used on were identified as White (66.7%) and 4 were identified as Black (33.3%). • Out of the 23 uses of force, the average number of officers involved in the force was 2. • In total during this time period, the ICPD had 4,391 calls for service with 23 calls for service resulting in force being used (.52%). It is noted that 11 of the 23 uses of force involved animals and not humans. The highest level of force in each incident is reflected below along with the year-to-date: Force Used September 2020 Occurrences 2020 Year -to -Date Hands-on 9 96 Taser Display 0 11 Taser Discharge 0 10 OC Spray Deployment 1 7- Firearm(s) Display 2 32.. Firearms Discharge 0 ` 0:' ASP Striking 0 0 Officer Striki!TAgcking 0 2 Animals Euthanized by Officer 11 32 Special Response Team Callouts 0 4 Vehicle Pursuits 0 1 Officer Injuries 1 23 Suspect Injuries 1 18 Reports to U.S. DOJ 0 0 Total Use of Force incidents to date equal 193. Total calls for service in the same period equals 57,024. This results in a year-to-date use of force being deployed in .33% of our total year-to-date calls for service. TOWA CITY OWA CITY POLICE DEPARTMENT Use of Force Report 10tNA CITY I POLICENovember 2020 POLICE Watch Date Incident Incident Arrest Force Used Occurred Number type Made and Y/N Officers Involved Day Watch 11/1 2020007109 Sick or N Officers shot and killed a sick — one Injured raccoon. officer Animal Late Night 11/2 2020007121 Sick or N Officers shot and killed an Watch — Injured injured deer. one officer Animal Evening 11/2 2020007142 Mental N Subject was in a business Watch — Health and was grabbing knives in one officer an attempt to assault others. Officers intervened and attempted de-escalation. While attempting to de- escalate, officers recognized there was a significant mental issue and summoned paramedics. The suspect attempted to assault officers by swinging and did kick one officer and an ofker had to pull the perso6 hands behind her back to handcuff and place onto a,gurney. Subject transported by paramedics to the:hospital for evaluation. No fn'uries. Late Night 11/3 2020007154 Sick or N Deer was shot and killed by Watch — Injured officer. one officer Animal Late Night 11/3 2020007155 Intoxicated y Officers located a vehicle Watch — Driver driven by a person who struck three a building then left the scene officers and was driving recklessly and all over the road and deemed by officers to be an imminent threat to public safety. A traffic stop was November 2020 Use of Force Report initiated. The officer activated their emergency lights and the vehicle drove away and immediately crashed into the median, hitting a sign and disabling the vehicle. Officers ordered the driver out of the vehicle at gunpoint and the suspect complied. No injuries to officer or suspect. Late Night 1114 2020007199 Burglary in Y Officers responded for a Watch — Progress burglary in progress and four officers located the suspect exiting the business. The suspect ran and officers pursued on foot while identifying themselves and ordering him to stop. An officer caught up to him and pushed him to the ground. Three officers held the subject to the ground and pulled his arms behind his back while he continued to try to get up and pull away from them during handcuffing. After handcuffing, the subject was immediately sat up and assisted into a standing - position. One officer sustained a minor injury and no injury to suspect. Evening; 1115 2020007219 Mental N Officers responded to assist Watch't-s Health paramedics with an five officers unresponsive intoxicated person at a business. While the paramedics were placing the subject on a cot he regained consciousness and became combative and got up from the cot. The subject began aggressively advancing on officers and had unsteady balance so they grabbed a hold of his arms. The subject began pulling away and swinging his arms at officers. Three officers grabbed onto him and November 2020 Use of Force Report attempteo to ptni nis arms behind back and pull him to the ground to control him. As they all fell to the sidewalk the subject hit his head, causing a small laceration to his eyebrow. Four officers held onto his arms and legs to restrain him on the ground while he kicked, bit, and spat at officers. A spit hood was placed on his head due to him spitting saliva and blood into an officer's mouth. The four officers continued to hold him down by his arms and legs to prevent him from assaulting them further. Paramedics decided to chemically sedate him and, once that took effect, officers lifted him onto a cot. Two officers accompanied paramedics in the ambulance during emergency transport to the hospital. The subject became physically resistive again at the hospital and was spitting and biting at attending staff. Officers held his arms and legs for soft restraints and one for held his head in place while attending staff chemically sedated him. Minor injury to suspect and no iniury to officers. Late Night 11/6 2020007222 Stolen Y Officers observed a stolen and initiated a traffic Watch — Vehicle vehicle stop. Officers conducted a five officers high -risk stop with weapons drawn and ordered the suspect out. The suspect complied and was taken into custody without incident. No injuries. Day Watch 11/6 2020007242 Mental N Officers responded for a subject who was assaulting _ two Health his mother. Officers officers November 2020 Use of Force Report attempted to de-escalate, but the subject attempted to push passed officers, then started swinging at them and attempting to kick them. Officers restrained the subject by holding his arms and then G= pulling them back to secure him in handcuffs to control a j him for transport to the hospital for evaluation. No — 7 injuries. Late Night 11/8 2020007292 Mental N Officers responded for a Watch -I Health suicidal female and attempted one officer to de-escalate. The female then ran toward a balcony and an officer grabbed her arms to prevent her from harming herself and escorted her to an ambulance. She was transported to the hospital without injuries to officers or female. Day Watch 11111 2020067374 Sick or N Sick/wounded raccoon shot — one Injured and killed by officer. officer Animal Evening 11112 2020007395 Criminal Y Officers responded to a mall Watch — Trespass for an intoxicated person who five officers was trespassing. While trying to identify the person, he swung his arms and attempted to hit officers. Multiple attempts to de- escalate were unsuccessful and the subject was again assaultive. An officer sprayed the subject with pepper spray, but the person was still trying to assault officers. The officers had to grab the subject and pull him to the ground and then pull his arms behind his back to get him in handcuffs. No injuries to officers or suspect. Late Night 11/15 2020007475 Fight in Y Officers responded for Watch — Progress (2) multiple fights in progress three outside of bars in the November 2020 Use of Force Report officers, two Pedestrian Mall. One male subject ignored all de- offenders escalation attempts and pushed an officer attempting to get passed the officer to continue fighting with another person. Officers grabbed the subject and he pulled away and tried to assault officers, so they pushed him to the ground and pulled his hands behind his back for handcuffing. c:> While this first incident was - occurring, a female was - screaming at a UIPD officer and pushed that officer. An ICPD officer attempted to de- escalate, but the female pushed the officer and began swinging her arms and kicking at the officer. One officer grabbed her arm and pulled her to the ground while the other officer assisted in pulling her arms behind her back for handcuffing. Both subjects were intoxicated. No injuries to officers or suspects. Day Watch 11/20 2020007569 Mental N cs cers responded requestwith of _ two paramedics Health p a family member for a subject officers in mental crisis. The subject voluntarily rode with paramedics to the hospital but at the hospital began voicing objections to stay. Officers were requested by attending staff to remain with the subject and prevent them from leaving the hospital. The subject attempted to leave the room by pushing past an officer standing in the doorway. The officer wrapped November 2020 Use of Force Report their arms around the subject's arms and waist and walked the subject over to a chair and sat the subject down. The officer and another officer held her in the chair by the arms at the request of attending staff after they decided to administer chemical sedation. No injuries. Day Watch 11/21 2020007593 N t and killed Sick raccoonshot n' ukor — one officer Animal Day Watch 11/21 2020007595 N killed Sick raccoonby n1shl ur d�or off officer. — one officer Animal Day Watch 11/22 2020007625 Sick N injuredand dl raccoon Injured by offs hot r. — one officer Animal Late Night 11/22 2020007631 Sick or N Injured deer shot and killed by Watch — Injured officer. one officer Day Watch 11123 2020007641 Animal Sick or N Injured deer shot and killed by — one Injured officer. officer Day Watch 11/24 2020007656 Animal Juvenile / Y Officers responded at the — three Assist request of parents to assist officers Other with their teenager who was Agency on court -ordered house arrest and was not following expectations. A juvenile probation officer was contacted and the probation officer requested police take the juvenile into custody and transport to the Linn County Detention Center. De- escalation techniques were utilized throughout contact, but the juvenile was resistive and attempted to kick officers while threatening to harm them. One officer pulled his arms behind him and applied handcuffs to control him. The juvenile continued to try to pull away from the officer as November 2020 Use of Force Report alked him to the squad hen they reached the car the juvenile braced s against the outside of oorframe and pushed mselfup and back at ]Tlffhis rs. Two officers grabbed im by the arms and legs sat him on the ground. re he began kicking at officers. Another officer and assisted in holding gs to the ground to stop him from kicking. One officer held him a wristlock while another officer assisted in standing him up and sitting him the back of the squad car. The juvenile continued to kick at the inside of the vehicle during transport to the detention center. Upon arrival at the detention center the juvenile kicked at officers when the car door was opened. One officer pulled the juvenile out of the car and three officers carried him by the arms and legs to a holding cell. They held him down on the ground while one officer removed the handcuffs after which the officers immediately let go of him and retreated from the cell. No uries to anyone involved. Day Watch 11/27 2020007701 Sick or N Injured deer shot killed by — one Injured officer.and officer Evening 11/28 2020007733 Animal raccoon ot and Sick or N Injurkaled Watch — b officer. Injured Y November 2020 Use of Force Report Chris Olney From: City of Iowa City <CityoflowaCity@public.govdelivery.com> Sent: Wednesday, December 16, 2020 11:24 AM To: Chris Olney Subject: City seeks feedback on preliminary plan to accelerate community policing © SHARE A Having trouble viewing this email? View it as a Web page. °ty� IaWA CITY FOR IMMEDIATE RELEASE Date:A 12/16/2020 Contact: Geoff Fruin, City Manager Phone: 319-356-5013 City releases preliminary plan to accelerate community policing; seeks feedback from the public On Tuesday, Dec. 15, 2020, the City of Iowa City released a preliminary plan to restructure the Police Department towards community policing. The full preliminary plan is available on the City!€T°°s website at www.icgov.org/preliminaryplan. The document includes a statistical overview of the Iowa City Police Department, background on recent community policing initiatives, and 36 recommendations to address public health, community safety, and systemic racism in Iowa City. The 36 recommendations reflect three areas of focus: (1) a continuum of responses to crisis calls for service including prevention, diversion, co -response, and stabilization and referrals; (2) a commitment to unbiased policing; and (3) an effort to use unconventional and innovative solutions for common problems. The community is encouraged to provide additional input on the preliminary plan, to be incorporated into the final plan. Residents can take a survey on the recommendations online or e-mail suggestions to PolicePlan@iowa-city.org. Extensive public input was collected prior to the development of the preliminary plan, including six listening posts on community policing held throughout the City. The preliminary plan comes after City Council adopted a 17-point resolution to address the Black Lives Matter movement and systemic racism in June 2020. This resolution included a commitment to develop a preliminary plan by December 15, 2020. The public can view progress on other commitments and the full resolution at www.icgov.org/blm. Updated 1211120 COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5043 David Selmer Chair 403 Boyd Ct Iowa City, IA 52245 (C) 319-331-9956 david(aa-)woodducktreefarms.com Latisha McDaniel 331 Willow Wind Place Iowa City, IA 52246 (C)214-682-3014 brufa neo rafa>amail. com Jerri MacConnell 320 E Washington St Iowa City, IA 52240 (C) 319-333-1096 Nellie1896agmail. com Orville Townsend, Sr. Vice -Chair 713 Whiting Ave Iowa City, IA 52245-5644 (H) 319-354-5995 (C)319-331-3482 orvi lle.townsend @ hotmail.com Amanda Nichols 2713 East Court St Iowa City, IA 52245 (C) 319-677-1153 d irector0corridorcan.com Patrick Ford, Legal Counsel Leff Law Firm, L.L.P. 222 South Linn Street Iowa City, IA 52240-1601 (0) 319-338-7551 (C)319-430-1549 fordPiefflaw.com Term: July 1, 2017 — June 30, 2021 Term: July 1, 2017 —June 30, 2021 Term: July 1, 2019 — June 30, 2023 Term: July 1, 2020 — June 30, 2024 Term: July 1, 2020 — June 30, 2024 COMMUNITY POLICE REVIEW BOARD OFFICE CONTACTS December 2020 Date Description None January 12, 2021 Mtg Packet COMMUNITY POLICE REVIEW BOARD COMPLAINT DEADLINES � --Wrl . Filed: 06/04/20 Chief's report due (90 days): 09/02/20 Extension Request: 12/15/20 Extension Request: 02/01/21 Chief's report filed: ??t??/21 CPRB meeting #1 (Review): ??t??/21 CPRB meeting #2 (Review): ??I??J21 CPRB meeting #3 (Review): ??t??J21 CPRB report due (90 days). ??t??t21 CPRB Complaint #20-05 Filed: 08/14/20 Chiefs report due (90 days): 11/12/20 Extension Request: 12/15/20 Extension Request: 02/01/21 Chief's report filed: ??/??121 CPRB meeting #1 (Review): ??J??i21 CPRB meeting #2 (Review): ??/??/21 CPRB meeting #3 (Review): ??I??i21 CPRB report due (90 days): ??t??121 Filed: 08/19/20 Chief's report due (90 days): 11/17/20 Extension Request: 12/15/20 Extension Request: 02/01/21 Chiefs report filed: ??t??/21 CPRB meeting #1 (Review): ??/??/21 CPRB meeting #2 (Review): ??i??t21 CPRB meeting #3 (Review): ??I??J21 CPRB report due (90 days): ??I??/21 January 12, 2021 Mtg Packet CPRB Complaint #20-07 Filed: Chief's report due (90 days): Extension Request: Extension Request: Chief's report filed: CPRB meeting #1 (Review): CPRB meeting #2 (Review): CPRB meeting #3 (Review): CPRB report due (90 days): CPRB Complaint #20-08 Filed: Chief's report due (90 days): Extension Request: Extension Request: Chiefs report filed: CPRB meeting #1 (Review): CPRB meeting #2 (Review): CPRB meeting #3 (Review): CPRB report due (90 days): TENTATIVE MEETING SCHEDULE February 9, 2021 March 9, 2021 April 13, 2021 May 11, 2021 08/27/20 11/25/20 12/15/20 02/01/21 ??/??/20 ??/??/21 08/27/20 11/25/20 12/15/20 02/01/21 ??/??/21 ??/??/21