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HomeMy WebLinkAbout05-11-2021 Community Police Review BoardMEMORANDUM COMMUNITY POLICE REVIEW BOARD DATE: May 6, 2021 A Board of the City of Iowa City TO: CPRB Members FROM: Chris Olney RE: Board Packet for meeting on TUESDAY May 11, 2021 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 5/11 /2021 • Minutes of the meeting on 4/14/2021 • ICPD General Order 01-01 (Bias -Based Policing) • ICPD General Order 17-03 (Firearms) • ICPD Memorandum- Quarterly Summary report IAIR/CPRB, 3rd & 4th Qtr 2020 • ICPD Use of Force Review/Report March • ICPD General Order 89-05 (Radio Communications) • Draft Memo #2 - Suggested revision to ICPD General Order 99-08(Body Worn Cameras and In -Car Recorders) • Letter to Geoff Fruin City Manager — CPRB response to recommendations • Letter from Sue Dulek Assistant City Attorney — Response to CPRB • Draft Proposed Budget Categories • Office Contacts —April 2021 • Complaint Deadline COMMUNITY POLICE REVIEW BOARD TUESDAY MAY 11, 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 CtfNvGYunSYC3xNvL1NzX1i0 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: 913 6653 2588 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 04/14/21 • ICPD General Order 01-01 (Bia-Based Policing) • ICPD General Order 17-03 (Firearms) • ICPD Memorandum- Quarterly Summary report IAIR/CPRB, 3'' & 4th Qtr 2020 • ICPD Memorandum- Quarterly Summary report IAIR/CPRB, 1st Qtr 2021 • ICPD Use of Force Review/Report March ITEM NO. 3 NEW BUSINESS • ICPD General Order 89-05 (Radio Communications) ITEM NO. 4 OLD BUSINESS • ICPD General Order 99-08 (Body Worn Cameras and In -Car Recorders) • Discussion of CPRB Recommendations to City Council 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 • May 17, 2021, 5:30 PM, Community Forum Electronic Zoom Meeting • June 8, 2021, 5:30 PM, Helling Conference Room • July 13, 2021, 5:30 PM, Helling Conference Room • August 10, 2021, 5:30 PM, Helling Conference Room 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. COMUNITY POLICE REVIEW BOARD MINUTES —April 14, 2021 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-19. CALL TO ORDER• Vice -Chair Orville Townsend called the meeting to order at 5:32 p.m. MEMBERS PRESENT: Jerri MacConnell, Latisha McDaniel, Amanda Nichols MEMBERS ABSENT: David Selmer STAFF PRESENT: Staff Chris Olney/Kellie Fruehling, Legal Counsel Patrick Ford STAFF ABSENT- None OTHERS PRESENT: Iowa City Police Chief Dustin Liston RECOMMENDATIONS TO COUNCIL None CONSENT CALENDAR Motion by McConnell, seconded by McDaniel, to adopt the consent calendar as presented. • Minutes of the meeting on 319/21 • Minutes of the meeting on 3/26/21 • ICPD General Order 07-03 (Fiscal Management) • ICPD General Order 89-05 (Radio Communications) • ICPD Use of Force Review/Report February • Correspondence from Carol deProsse, Joni Bosch Motion carried, 410, Selmer absent. NEW BUSINESS Discussion of CPRB Recommendations to the City Council Immediate Updates to the CPRB Ordinance Item #4. A complainant should have the right to respond to the Police Chiefs findings In the Chiefs report before the Board shall conduct Its investigation, for the Board to consider in their review. Item #13. The statute of limitations for filing a CPRB complaint shall be lengthened from g0 days after the alleged misconduct to 180 days after the alleged misconduct Townsend noted these two items are being considered by the City Council for immediate update to the CPRB ordinance. Itelbuussion m #1. In instances of a sustained misconduct complaint, theBoardshould be given information about the corresponding discipline and be allowed to include in the Board report whether the Board finds the discipline reasonable and fair. CPRB April 14, 2021 DRAFT Item #2. The Board shall have the authority to request the City Council have a disciplinary hearing when there is a discrepancy between the Board and ChieflCity Manager opinions on the reasonableness and fairness of proposed discipline for a sustained complaint. if the discrepancy persists despite the meeting, the Board may issue a report detailing their disagreement or request City Council conduct an independent disciplinary hearing to decide on the proposed discipline. Item #3. Amend CPRB Ordinances so that an accused Officer is required to comply with a Board Investigation or be disciplined by the ChieflCity Manager If they fail to fully cooperate. Item #5. The online database of officer complaints shall be improved to allow for quick searches of complaint history and a computerized risk -management system to analyze trends. Item #10. The City shall provide complainants access to a lawyer and social workerlmedlcai professional with trauma awareness training for purposes of assisting complainants throughout the complaint process. Item #12. CPRB complaints should be permitted whether filed anonymously or through third persons with a threshold reequipment that the complainant has personal knowledge of the underlying circumstances alleged In the complaint. McDaniel would like to know when the legal analysis will be completed. Staff will follow up with the City Attorney's office for an estimated time frame. Item #6. A copy of all complaints of misconduct shall be included In the Police Department's monthly disclosures to the CPRB, including those filed by a community member to the ICPD. Nichols noted currently the CPRB does not receive a report of misconduct complaints filed directly with the police department. Chief Liston stated the department can include these in the quarterly report sent to the CPRB. Item #7. The CPRB shall be provided with additional information in the Police Department quarterly reports to review for certain trends: total number of detained Individuals, demographics of detained individuals, total number of arrested individuals, and demographics of those arrested. Chief Liston asked the Board what specific statistics were being requested. Nichols would like reports on number of detainediarrested including the demographics. Chief Liston noted that the department does track those statics and can provide them to the CPRB on a regular basis. r rrrrca Townsend noted City Council was asking the Board for more information on items #8, 9 and 10. Item #8. The CPRB should have the authority to hire an independent auditor every i - 2 years to review the Police Departments internal investigation procedures or for immediate procedural issues. - City Council requested that Police Staff review the CALEA accreditation process with the CPRB. With that information, the Council would like to better understand when and how another audit process might be used by the CPRB. Townsend thought that the Police Department already had audits being conducted and asked Chief Liston to explain what audits the police department has in place. CPRB April 14, 2021 DRAFT Chief Liston explained that the organization the police department uses for accreditation audits is the Commission on Accreditation for Law Enforcement Agencies (CALEA). It is a national organization consisting of specially -trained assessors (auditors) from outside of Iowa. The review process requires the department to meet an established set of professional standards as well as compliance of policies. Legal Counsel Ford questioned if the review for accreditation was for policy compliance as it exists and not a review of whether policy should be changed. Chief Liston explained it is both best practices for policy and compliance of polices. Accreditation is awarded every four years and Iowa City is one of 10 cities that are accredited in the state. Nichols asked if the audits were only done every four years. Chief Liston explained the accreditation is awarded every four years, but review of policies and reporting is constantly being done on a schedule through the General Orders the Board receives in the packets. MacConnell stated she had been interviewed in the recent CALEA re -certification, and felt it was a very thorough professional process and was overall impressed. Legal Counsel Ford asked the Board if the CALEA accreditation system that's in place right now satisfies the request for an independent third -party auditor to review the policies. MacConnell and McDaniel would like to have more detailed information regarding CALEA. Nichols also liked the idea of doing further investigation into CALEA. Chief Liston stated information for CALEA is available at calea.org and if the Board had any specific questions, he would be available to provide answers. The Board agreed to have members review the CALEA website for more detailed additional information and discuss at the next meeting. Item #9. The CPRB shall be provided city funding to promote awareness of the CPRB and enhance accessibility to its services. (l.e. outreach, streamed meetings on Facebook, website enhancements, bl-annual community forums, CPRB contact info printed on al! Officer cards, awareness events, and CPRB information provided to each person issued a citation or at the time they are released from custody in the event they were arrested) - City Council requested that the CPRB propose an annual budget amount for consideration. A subcommittee of McDaniel and Nichols will compile an itemized list of budget items and will report back to the Board at the next meeting. Item #10. The City shall provide complainants access to a lawyer and social worker/medical professional with trauma awareness training for purposes of assisting complainants throughout the complaint process. - The City Council requested that the CPRB investigate how the social worker/medical professional services would be secured and provide an estimated cost for such services in the above -mentioned budget request. Nichols volunteered to research the cost and details of having a lawyer and social worker assisting complainants through the complaint process. Nichols will report back to the Board at the next meeting. The Board directed staff to send a letter to the City Manager regarding the progress of discussion on the recommendations. CPRB April 14, 2021 DRAFT Townsend asked the Board for comments or suggested changes to the draft ordinance amendment which was included in the meeting packet. MacConnell felt it was fine as written. The Board directed staff to send a letter to the Assistant City Attorney stating the Board reviewed and approved of the language in the draft ordinance amendment. OLD BUSINESS ICPD General Order 99-10 (Domestic Violence) Section J Townsend asked the Board for comments on the 2nd draft recommendation letter. Ford recapped the changes in the recommendation were to remove reference to revoking a certification because it is covered by the Iowa Law Enforcement Academy, not the police department. Motion by Nichols, seconded by MacConnell to forward amended recommendation letter to Police Chief Liston. Motion carried, 4/0, Selmer absent Nichols had questions in regard to Section 12.6 which states "an officer assigned a body worn camera shall use the equipment unless otherwise authorized by supervisory personnel" and under what circumstance would a camera not be used. Chief Liston explained it would not be practical for an officer working undercover to wear body worn cameras. Nichols also asked for clarification on section 12.E which states "body worn cameras are not to be used in communications with other police personnel without the permission of the Chief of Police". Chief Liston explained an example would be if he was interviewing an officer for discipline, they would not be recording each other. Nichols noted she had a question regarding the Radio Communication General Order but was not sure when this could be asked. Ford explained it was on the agenda under the consent calendar item and suggested adding to the next meeting agenda as new business to be discussed then. Legal Counsel Ford stated he had concerns regarding adding language requesting that the CPRB be allowed to review all incidents where a body -worn or in -car camera was not activated or was intentionally shut off. He felt it broaden the scope of what the Board does and should be an amendment to the ordinance rather than requesting an amendment to the police department's policy. He suggested since Selmer drafted the letter to table further discussion until the next meeting after he has had a discussion with Selmer regarding his concerns. Motion by Nichols, seconded by MacConnell to table further discussion until the next meeting. Motion carried, 4/0, Selmer absent. PUBLIC DISCUSSION None. CPRB April 14, 2021 7 BOARD INFORMATION None. STAFF INFORMATION Olney noted the Community Forum's 1s' general news release and notice had been sent out and posted on social media. Olney added there are two CPRB vacancies for the term beginning July 1 as Selmer and McDaniels terms expire June 301. TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • May 11, 2021, 5:30 PM, Electronic Zoom Meeting • May 17, 2021, 5:30 PM, Community Forum Electronic Zoom Meeting • June 8, 2021, 5:30 PM, Electronic Zoom Meeting • July 13, 2021, 5:30 PM, Electronic Zoom Meeting EXECUTIVE SESSION Motion by MacConnell, seconded by Nichols 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, 410, Selmer absent. Open session adjourned at 6:28 P.M. REGULAR SESSION Returned to open session at 6:40 P.M. ADJOURNMENT Motion for adjournment by MacConnell, seconded by Nichols. Motion carried, 410, Selmer absent. Meeting adjourned at 6:41 P.M. I i u a N R M �I M a I I X x x x k x x k x x o rvx X C x X N b X k x x x N C k x X x x 0 0 N ;r, o c4 0 m k C X k X a N C H e - a os CF '• i Original Date of Issue General Order Number January 10, 2001 01-01 Effective Date of Reissue Section Code A ri123, 2021 OPS-17 C.A.L.E.A. Reference 1.2.9 (see "INDEX AS") INDEX AS: Bias -Based Policing Complaints Supervisor Responsibilities Warrants Search and Seizure M1.b Traffic Stops _. ry Arrests r ) Discipline I. PURPOSE The purpose of this order is to unequivocally state that bias -based policing by members of this department in the discharge of their duties is unacceptable, to provide guidelines for officers to prevent such occurrences, and to protect officers from unfounded accusations when they act within the parameters of the law and departmental policy. See also GO 89-04, Civil Rights. 11. POLICY It is the policy of the Iowa City Police Department to patrol in a proactive manner, to investigate suspicious persons and circumstances, and to actively enforce the laws, while insisting that members of the public will only be detained when there exists reasonable suspicion (i.e. articulable objective facts) to believe they have committed, are committing, are about to commit an infraction of the law, or there is a valid articulable reason for contact. Members are prohibited from using bias -based policing in all aspects of work including but not limited to traffic contacts, field contacts, asset seizure, and asset forfeiture. III. DEFINITIONS • Bias -based Policing - Biased based policing is the application of police authority based on a characteristic of a group. This includes but is not limited to race, ethnic background, gender, sexual orientation, religion, color, gender identity, creed, economic status, age, disability, political affiliation, national origin, cultural group, or any other identifiable characteristic. Reasonable suspicion - Suspicion that is more than a "mere hunch" or curiosity, but is based on a set of articulable facts and circumstances that would warrant a person of reasonable caution to believe that an infraction of the law has been committed, is about to be committed or is in the process of being committed, by the person or persons under suspicion ("specific and articulable cause to reasonably believe criminal activity is afoot." State v. Heminover, 619 N.W.2d 353, 358 (Iowa 2000). ►T� J7�Z+3 The department's enforcement efforts will be directed toward assigning officers to those areas where there is the highest likelihood that vehicle crashes will be reduced, complaints effectively investigated or addressed, and/or crimes prevented through proactive patrol. A. In the absence of a specific, credible report containing a physical description, a person's race, ethnicity, color, gender, or any characteristic listed in Section III above, or any combination of these shall not be a factor in determining probable cause for an arrest or reasonable suspicion for a stop. B. Traffic enforcement shall be accompanied by consistent, ongoing supervisory oversight to ensure that officers do not go beyond the parameters of -: reasonableness in conducting such activities. 1. Officers shall cause accurate statistical information to be recorded in _ accordance with departmental guidelines. - { 2. The deliberate recording of any inaccurate information regarding a person stopped for investigative or enforcement purposes is prohibitedand accuse for disciplinary action, up to and including termination of employments -, G. Motorists and pedestrians shall only be subjected to investigatory stops or brief detentions upon reasonable suspicion that they have committed, are committing, or are about to commit an infraction of the law. Each time a person is stopped or detained, the officer shall radio to the dispatcher the location of the stop and any pertinent descriptors relevant or unique to that stop. The exception to this procedure is when officers are taking part in safety checkpoints and are working with other officers. D. If the police vehicle is equipped with a video camera, the video and sound shall be activated prior to the stop to record the circumstances surrounding the stop and shall remain activated until the person is released. The body -worn camera shall also be activated and shall remain activated until the person is released. E. No person, once cited or warned, shall be detained once there is no reasonable suspicion of further criminal activity. F. No person or vehicle shall be searched in the absence of a warrant, a legally recognized exception to the warrant requirement as identified in General Order 00-01, Search and Seizure, or the person's voluntary consent. 1. In each case where a search is conducted, information shall be recorded, including the legal basis for the search, and the results thereof. 2. A cursory "sniff' of the exterior of a vehicle stopped for a traffic violation by a police canine must be recorded on the department's canine action report form. V. TRAINING Officers shall receive initial and annual training in proactive enforcement tactics, including training in officer safety, courtesy, cultural diversity, bias -based policing including legal aspects, the laws governing search and seizure, and interpersonal communications skills. This may include profiling related topics (e.g. field contacts, traffic stops, search issues, asset seizure and forfeiture), interview techniques, cultural diversity, discrimination and community support. A. Training programs will emphasize the need to respect the rights of all members of the public to be free from unreasonable government intrusiaq or police action. B. Training will address how bias can affect police activities and decision = _' ., - making, such as field contacts, traffic stops, searches, asset seizure;.anW _ forfeiture, interviews and interrogations. v ' C. Training will emphasize the corrosive effects of biased policing on'in'divtduals - ` the community and the agency. VI. COMPLAINTS OF BIAS -BASED POLICING Any person may file a complaint with the department or with the CPRB if they feel they have been stopped or searched based on bias -based policing. No person shall be discouraged or intimidated from filing such a complaint or discriminated against because they have filed such a complaint. A. Any member of the department contacted by a person, who wishes to file such a complaint, shall refer the complainant to a Watch Supervisor who shall make the person aware of the department and the CPRB complaint process. The supervisor shall provide information on how to complete the departmental complaint form and, if possible, shall record the complainant's name, address and telephone number. B. Complaints which result in the initiation of an investigation shall be conducted as directed by General Order 99-06, Internal Affairs Investigations. C. Supervisors shall periodically review a sample of in -car video and body worn camera video of stops made by officers under their command as provided in GO 99-08 (Body Worn Cameras and In -Car Recorders). Additionally, supervisors shall review reports relating to stops by officers under their command and respond at random to assist or observe officers on vehicle stops. D. Supervisors shall report in writing to command staff whenever it appears that this policy is being violated. E. Any member who observes or becomes aware of what they believe to be profiling shall within 24 hours report it in writing to their immediate supervisor and failure to do so may subject a member to discipline. VII. REVIEW A. On an annual basis the Commanding Officer of Support Services, or designee, shall conduct an administrative review of agency practices including member of the public concerns and any corrective measures taken. B. If it reasonably appears that the number of self -initiated traffic contacts by officers has unduly resulted in disproportionate contacts with members of a racial or ethnic minority, a determination shall be made as to whether such disproportionality appears department wide, or is related to a specific unit, section, or individual. The commander of the affected unit, section, or officer shall provide written notice to the Chief of Police of any reasons or grounds for the disproportionate rate of contacts. x. C. Upon review of the written notice, the Chief of Police may direct aodltionaF° training towards the affected units/sections or to individual officers:; - w r; ro D. On an annual basis, the department may make public a statisticaTs0.wnm "ry of'—' the race, ethnicity, and gender of persons stopped for traffic violations. N) Co E. On an annual basis, the department may make public a statistical summary of all profiling complaints for the year, including the findings as to whether they were sustained, not sustained, or exonerated. F. If evidence supports a finding of a continued ongoing pattern of bias -based policing, the Chief of Police may institute disciplinary action up to and including termination of employment of any involved individual officer(s) and/or their supervisors. Dustin Liston, 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 h++i a fern Y+ Y ✓ �yy REDLINE VERSION Red highlights are deletions Green highlights are additions A 1 � � L Original Date of Issue Genera! Order Number January 10, 2001 01-01 Effective Date of Reissue Section Code April 23, 2021 1 OPS-17 Reevaluation Date Amends April 2022 C.A.L.E.A• Reference 1.2.9 see "INDFX AS" INDEXAS: Bias -Based Policing Search and Seizure Complaints Traffic Stops Supervisor Responsibilities Arrests Warrants Discipline - 1. PURPOSE The purpose of this order is to unequivocally state that bias -based policing -by mIMben Of this department in the discharge of their duties is unacceptable, to provide guy eline; for officers to prevent such occurrences, and to protect officers from unfounded ,"' accusations when thev act within the parameters of the law and departmental policy. 111. POLICY It is the policy of the Iowa City Police Department to patrol in a proactive manner, to investigate suspicious persons and circumstances, and to actively enforce the laws, while insisting that _ will only be detained when there exists reasonable suspicion (i.e. articulable objective facts) to believe they have committed, are committing, are about to commit an infraction of the law, or there is a valid articulable reason for contact. Members are prohibited from using bias -based policing in all aspects of work including but not limited to traffic contacts, field contacts, asset seizure, and asset forfeiture. Ill. DEFINITIONS • Bias -based Policing - Biased based policing is the application of police authority based on a of a group. This includes but is not limited to race, ethnic background, gender, sexual orientation, religion, _, economic status, age, disability, political affiliation, national origin, cultural group, or any other identifiable characteristic. Reasonable suspicion - Suspicion that is more than a "mere hunch" or curiosity, but is based on a set of articulable facts and circumstances that would warrant a person of reasonable caution to believe that an infraction of the law has been committed, is about to be committed or is in the process of being committed, by the person or persons under suspicion ("specifc and articulable cause to reasonably believe criminal activity is afoot." IV. PROCEDURES The department's enforcement efforts will be directed toward assigning officers to those areas where there is the highest likelihood that vehicle crashes will be reduced, complaints effectively investigated or addressed, and/or crimes prevented through proactive patrol. A. In the absence of a specific, credible report containing a Physical description, a person's race, ethnicity, M, gender, M or any combination of these shall not be a factor in determining opbable cause for an arrest or reasonable suspicion for a stop. B. Traffic enforcement shall be accompanied by consistent, ongoingpsupewory' _ oversight to ensure that officers do not go beyond the parameters - reasonableness in conducting such activities. 9. Officers shall cause accurate statistical information to be recorded accordance with departmental guidelines. a 2. The deliberate recording of any inaccurate information regarding a person stopped for investigative or enforcement purposes is prohibited and a cause for disciplinary action, up to and including termination of employment. C. Motorists and pedestrians shall only be subjected to investigatory stops or brief detentions upon reasonable suspicion that they have committed, are committing, or are about to commit an infraction of the law. Each time a _ _ is stopped or detained, the officer shall radio to the dispatcher the location of the stop and any pertinent descriptors relevant or unique to that stop. The exception to this procedure is when officers are taking part in safety checkpoints and are working with other officers. D. If the police vehicle is equipped with a video camera, the video and sound shall be activated prior to the stop to record the circumstances surrounding the stop shall remain activated until the person is E. No —, once cited or warned, shall be detained no reasonable suspicion of further criminal activity. F. No person or vehicle shall be searched in the absence of a warrant, a legally recognized exception to the warrant requirement as identified in General Order 00-01, Search and Seizure, or the person's voluntary consent. 1. In each case where a search is conducted, information shall be recorded, including the legal basis for the search, and the results thereof. 2. A cursory "sniff' of the exterior of a vehicle stopped for a traffic violation by a police canine be recorded on the department's canine action report form. V. TRAINING Officers shall receive initial and annual training in proactive enforcement tactics, including training in officer safety, courtesy, cultural diversity, bias -based policing including legal aspects, the laws governing search and seizure, and interpersonal communications skills. This may include profiling related topics (e.g. field contacts, traffic stops, search issues, asset seizure and forfeiture), interview techniques, cultural diversity, discrimination and community support. A. Trainin ro rams will emphasize the need to respect the rights of all _ to be free from unreasonable government intrusion or police action. B. Training ® E address how bias can affect police activities and decision making, such as field contacts, traffic stops, searches, asset seizure and, forfeiture, interviews and interrogations. C. Training _ emphasize the corrosive effects of biased policing, orw individuals, the community and the agency. VI. COMPLAINTS OF BIAS -BASED POLICING Any person may file a complaint with the department — if they fe'if, they have been stopped or searched based on bias -based policing. No person shall be discouraged or intimidated from filing such a complaint or discriminated against because they have filed such a complaint. A. Any member of the department contacted by a person, who wishes to file such a complaint, shall refer the complainant to a Watch Supervisor who shall brovlde lheii_�department _ CPRB complaint The supervisor shall provide information on how to complete the departmental complaint form and, if possible, shall record the complainant's name, address and telephone number. B. Complaints which result in the initiation of an investigation shall be conducted as directed by General Order 99-06, Internal Affairs Investigations. C. Su ervisors periodically review a sample of in -car video of stops made by officers under their command ■ Additionally, supervisors shall review reports relating to stops by officers under their command and respond at random to assist or observe officers on vehicle stops. D. Supervisors shall whenever it appears that this policy is being violated. VII. REVIEW A. On an annual basis the Commanding Officer of Support Services, or designee, shall conduct an administrative review of agency practices including _ concerns and any corrective measures taken. B. If it reasonably appears that the number of self -initiated traffic contacts by officers has unduly resulted in disproportionate contacts with members of a racial or ethnic minority, a determination shall be made as to whether such disproportionality appears department wide, or is related to a specific unit, section, or individual. The commander of the affected unit, section, or officer shall provide written notice to the Chief of Police of any reasons or grour,tqs for the disproportionate rate of contacts._ C. Upon review of the written notice, the Chief of Police may direct additior training towards the affected units/sections or to individual officersi ^ D. On an annual basis, the department may make public a statistictilymmary of' --- the race, ethnicity, and gender of persons stopped for traffic viola{ions. E. On an annual basis, the department may make public a statistical summary of all profiling complaints for the year, including the findings as to whether they were sustained, not sustained, or exonerated. F. If evidence supports a finding of a continued ongoing pattern of bias -based policing, the Chief of Police may institute disciplinary action up to and including termination of employment of any involved individual officers) and/or their supervisors. Dustin Liston, 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. ro w � Original Date of Issue General Order Number May 14, 2018 17-03 Effective Date of Reissue Section Code April 26,2022 Reevaluation Date Amends/Cancels April 2023 00 08 WEAPONS and 07-01 Patrol Rifle C.A.L.E.A. Reference 4.1.3, 4.3.1, 4.3.2, 4.3.3 Use of Force f Training INDEX AS: Firearms Use of Force Munitions Training Off -duty weapons Field Training Weapons Special Response Team I. PURPOSE t o The purpose of this order is to govern the types of firearms and ammunition used by officers in the performance of their duties. The policy shall establish a tegistra{on and approval process for all firearms and ammunition. Officers shall be requirQ to demonstrate proficiency prior to being authorized to carry any firearm. II. POLICY It is the policy of the Iowa City Police Department to equip its officers with firearms and ammunition which are safe and reliable. Members of the Department shall only use firearms and ammunition authorized by the Department in the performance of their duties and in a manner consistent with their training and General Order 99-05: Use of Force. It is also the policy of the Department to require officers to demonstrate at least annually, proficiency in the use of all firearms utilized under color of official duty. The Iowa City Police Department recognizes that combative, armed and/or violent subjects create handling and control problems requiring special training and equipment. III. DEFINITIONS Armorer - A member who has received specialized training to provide firearms manufacturer's authorized maintenance and repair for authorized firearms. The armorer must be recommended by the Lead Range Officer, Training Officer and approved by the Chief of Police or designee. The written approval shall specify which firearms the armorer is authorized to maintain and repair. Departmental issued handgun - Handguns issued to the officer by the department and which the officer shall carry when on duty. Any exceptions require the approval of the Chief of Police or designee. Department issued shotgun — Shotguns provided by the department for deployment in tactical situations. Department issued semi -automatic rifle - Rifles provided by the department for deployment in tactical situations for unconventional situations where the police may face heavily armed and/or ballistically protected suspects. These rifles are a tool to allow the potential resolution of these incidents by providing a tactical advantage not available with more conventional police firearms. Firearms — For the purposes of this policy firearms means handguns, shotguns, and rifles. It excludes less lethal shotguns and 37mm munitions. For these see GO 17-06 titled Less Lethal Weapons. Lead Range Officer - A sworn member who has received specialized training in the instruction of firearms training and activities (firearms instructor school). Thg Lead Range Officer shall be responsible for the development and coordination of firearms training, courses of fire, recommendations for firearms, targets, range safety iss and all supplies needed for the operation of the firing range and duty use. The Lead�Range. Officer shall ensure that firearm maintenance and repair issues are r: fe 'rreTto In armorer. CD:. Long -gun -Any firearm other than a handgun. Includes all shotguns and=rifles regardless of application. �=p Off -Duty Weapons —Any firearm that is not registered with the department as a backup weapon and is carried solely in an off -duty capacity. Off -duty firearms are not regulated by the department and shall not contain/use department duty issued ammunition. 2 Official color of duty - Any action taken by a sworn officer whether on or off duty pursuant to his/her status or authority as a police officer and within the scope of their duties. Patrol Rifle Operator (PRO) - A specially selected and trained officer of the patrol division issued a department rifle; or an officer selected and trained to carry a personally owned rifle approved by the department. Operators are selected based on guidelines established by the Commander of Field Operations. Personally owned firearms - Any firearm not purchased and owned by the department. Range Instructor - A member who has received specialized training in the instruction of firearms training and activities (firearms instructor school) and recommended by the Lead Range Officer, Training Officer and approved by the Chief of Police or designee. Range Instructors assist the Lead Range Officer in the development and coordination of firearms training, courses of fire, targets, range safety issues and all supplies needed for the operation of the firing range and duty use. Subject - The person who is the focus of the police operation. IV. PROCEDURES A. General Requirements 1. All on -duty sworn personnel, whether in uniform or non -uniform, shall be armed with a departmentally approved duty handgun. a. Exceptions i. Officers operating in a status where possession of a firearm would endanger the officer or the operation in which they are participating. ii. Where there is a need to or requirement tbjat offirs secure their weapon prior to entering a secured area. e.g., courtroom, correctional facilities or psychiatrit Mdgs of hospitals. =' iii. Officers with non -uniform administrative:ass',ignm nts while performing that assignment. iv. Officers on "light duty" will carry we aporYsbased:on limitations as provided by a physician. 2. Prior to initial issuance or carry while on duty, all firearms shall be reviewed, inspected and approved by a range instructor or armorer. On an on -going basis, qualified instructors or armorers shall conduct inspections of all firearms that are being carried by members. The date of the inspection and name of the inspector shall be recorded 3 and forwarded to the Lead Range Officer, Training Officer and/or SRT supervisor, as appropriate. If a firearm is determined to be unsafe, the instructor or armorer shall remove it from use pending repair, record the malfunction, cause repair to be made, and provide a replacement to the employee as soon as practical if it is a department issued firearm. 3. Non -uniformed on -duty officers carrying a handgun in an unconcealed manner must be readily identifiable as a police officer by wearing their badge adjacent to the weapon. 4. Whether on or off -duty, officers shall carry their police identification while armed with a department issued firearm. Exceptions L When participating in recreational shooting events. ii. When the possession of police identification would endanger the officer, or operation in which he/she is participating. When in the department issued uniform, the uniform may serve as police identification. 5. The carrying of a handgun while off -duty shall be at the discretion of the officer. If the officer elects to carry off -duty with a department issued handgun or a department approved backup handgun that the officer has qualified with and carrying under the premise of their professional authorization to carry, it shall be concealed from public view. An officer carrying a personally owned weapon off -duty under the premise of their non-professional permit is not required to_ carry`' police identification. An officer electing not to carry a handgui�,while',41`f-duty shall not be subject to disciplinary action if an occasion-shoulrise in which they could have taken police action were they armedrs C"t 6. Officers may carry a personal backup handgun while 4Y1 duty_provide'd the following requirements are met: 4�a a. The weapon meets the specifications for approved backup carry. b. The officer shall qualify with the weapon on at least an annual basis. C. The officer's Watch Commander shall be advised of the make, model and serial number of the approved weapon. 4 d. On an annual basis the weapon shall be inspected by a departmental armorer or firearm instructor. e. The weapon shall not be carried as the officer's primary weapon. f. The weapon shall not be modified after it has been approved without notification and approval of the Lead Range Instructor. g. If the weapon is discharged in the line of duty it shall be immediately surrendered to the on -duty watch supervisor. h. The officer recognizes that the Department or City of Iowa City will in no way be liable for the damage, theft or loss of the personal weapon. L The weapon shall only be loaded with ammunition approved by the commanding officer field operations when carried on duty. 7. All sworn officers shall be armed with a Department approved handgun while operating any marked police vehicle. 8. Department issued firearms shall only be used for departmental duties. 9. All officers must meet approved levels of proficiency in firearms qualification training as set forth by the Range Officer and approved by the Chief of Police. 10. While on -duty, officers shall carry their handgun(s) fully loaded. (i.e. full chamber and magazines for semi -auto handguns and full cylinder for revolvers.) Department issued handguns will be carried only in a department issued holster unless the officer has received permission from a member of Command Staff to use another holster approved by the lead firearms instructor. Personally owned handguns will besarried in a holster approved by the Lead Firearms Instructor. 11. While on duty shotguns will be carried with the magazine fullyai ded the chamber empty, and safety on unless being used byahge offer. Shotguns shall be stored in the appropriate locking rack,01isquackcars. Officers shall, as soon as practical, notify a supervisor of'a Y shoigun deployment (i.e. removal from vehicle at a call -for service). 12. While on duty rifles that carry 30 round magazines shall only be loaded with 28 rounds. Rifles that carry 20 round magazines shall be fully loaded. While on duty all rifles will be carried with one magazine inserted in the rifle, the chamber empty, and safety on unless being used by the officer. All rifles are to be stored in the trunk of the assigned officer's patrol car during his/her duty unless the vehicle is equipped with an appropriate rack. Officers shall, as soon as practical, notify a supervisor of any rifle deployment (i.e. removal from vehicle at a call -for service). Department issued rifles are to be secured in the officer's locker at the end of tour. No rifles shall be left in fleet vehicles at the end of an officer's tour of duty. 13. Only magazines authorized by the department may be used in a firearm and they shall not be modified from their original manufacture. Magazines for all firearms used while on duty will be inspected on an annual basis by a department armorer. 14. Officers are responsible for the safekeeping and security of all department authorized firearms in their custody. 15. When loading or unloading a firearm in the Police Department the unloading / loading shall occur using the bullet trap provided by the department. When in locker rooms, all handguns whether department or personally owned shall remained holstered. 16. All firearms shall be stored, handled, and / or maintained in such a manner as to prevent the firearm from an unintended discharge. 17. Off -duty Patrol Rifle Operators may only remove agency issued rifles from the Department premises for practice purposes. All department authorized weapons shall be stored consistent with Iowa Code Chapter 724.22 (7): "It shall be unlawful for any person to store or leave a loaded firearm which is not secured by a trigger lock mechanism, placed in a securely locked box or container, or placed in some other location which a reasonable person would believe to be secure from a minor under the age of fourteen years, ifsuchperson knows or has reason to believe that a minor under the;age of fourteen years is likely to gain access to the firear without the lawful permission of the minor's parent, guardiah pr 4,son having charge of the minor, the minor lawfullygai?rs auSss to•thfe firearm without the consent of the minor's par'efit .gua#Aian, or-' person having charge of the minor, and the mi�or"exh1Vts the—' firearm in a public place in an unlawful manner, or usthe firearm unlawfully to cause injury or death to a person. This subsection does not apply if the minor obtains the firearm as a result of an unlawful entry by any person. A violation of this subsection is punishable as a serious misdemeanor." 18. Officers shall not carry any firearm under the following circumstances: a. The officer is on suspension or is directed not to do so by the Chief of Police. b. The officer has not successfully met proficiency and qualification levels as set forth by the Department. c. While under the influence of alcoholic beverages or medications that impair physical or mental ability. 19. Probationary police officers that have not graduated from the academy shall not carry a firearm while off -duty. Probationary police officers that are already certified upon hire are allowed to carry a concealed firearm off duty once they are sworn in. 20. The Captain of Administrative Services shall maintain a file on each firearm that is authorized for use in an official capacity containing the following: a. Date the firearm was authorized for use in an official capacity. b. Excluding routine cleaning, a log of all maintenance, repairs, or alterations completed on the firearm. C. Member using the firearm. d. In the case of shotguns -what car it is assigned to. 21. Firearms shall not be modified after it has been approved without notification and approval of the Lead Range Instructor. 22. Unless dispatching a sick or injured animal, if a firearm is discharged in the line of duty it shall be immediately surrendered to the on -duty watch supervisor. If the firearm was issued by the department the surrendering officer shall be given a replacement as soon as possible. p� 21 All personnel authorized to carry weapons intended for use of force application must receive training on their use from the pspectiu�s of ' practical application and organizational policy. Instructiofishould4nclude confirmation of employee understanding of legal impljcafibjs ands requirements, weapon specific operating and care proceauuF&, documentation and reporting procedures, and obligatiort$rfallowi-�g the -- use of force. i� B. Display of Firearms 1. Except for general maintenance, supervisory inspections, storage or authorized training, officers shall not draw or exhibit firearms unless circumstances create a reasonable suspicion that it may be necessary to lawfully use the weapon in conformance with departmental directives. 2. Unless specifically designed to be carried in this fashion, at no time shall a firearm be carried or placed in a cocked condition, except for a second or subsequent shot of a semi -auto firearm. 3. Department owned firearms shall not be carried or utilized for any non - law enforcement activity without the express written permission of the Chief of Police or designee. 4. No officer shall display or provide any weapon to a citizen to inspect, examine or otherwise handle unless authorized by the Chief of Police or designee. C. Authorized Handguns a. An approved duty handgun is any department issued or department approved personally owned handgun as authorized by the Chief of Police. b. Specifications I. Handguns must be striker fired. ii. Minimum trigger pull weight not less than five (5) pounds. iii. Barrel length not less than 3.5 inches nor greater than 5.5 inches. iv. Magazine capacity of not less than ten (10) rounds. V. Frame and slide finished in black. C. Currently Approved Duty Handguns: i. Glock 17 Gen 4 or Gen 5 — 9mm — Including MOS Models ii. Glock 19 Gen 4 or Gen 5 — 9mm — Including MOS Models iii. Glock 22 Gen 4—.40 S&W (Department Issued Only) iv. Glock 23 Gen 4 —.40 S&W (Department Issued Only) V. Glock 26 Gen 4 or Gen 5 —9mm (Plainclothes and Admin Assignments Only) vi. Glock 34 Gen 4 or Gen 5 —9mm — Including MOS Models is vii. Glock 45 Gen 5 — 9mm Including MOS Model$ u Mandatory and optional features for duty handguns'C'`' i. Iron Sights: All duty handguns shall be equipp dwritlkmetallic.iron sights. Polymer sights are prohibited. If an optical s 9ht is equipped, the iron sights shall be of sufficient heigh' be usable through the optic window. ii. Weapon Mounted Light: Duty handguns carried by officers assigned to patrol duties shall be equipped with a department issued or approved personally owned weapon mounted light. Duty handguns carried by officers assigned to investigative or administrative duties may be equipped with a department issued or approved personally owned weapon mounted light. The Lead Range Officer shall maintain a list of approved weapon mounted lights. iii. Optical Sight: An optical sight may optionally be fitted to a duty handgun. The lead range officer shall maintain a list of approved optical sights, mounting plates, and vendors to perform slide modifications. Department owned firearms shall not be modified for optical sight installation. No officer may carry a handgun equipped with an optical sight without completion of a department provided or approved training course. iv. Other items: All other accessories are governed by the section of t this order concerning firearms modifications. 3. Authorized Personally Owned Backup Handguns a. An approved backup handgun is any department issued handgun or personally owned handgun meeting the following requirements. i. Criteria for personally owned, backup handguns a. .380 ACP or larger b. .45 ACP or smaller? C. Annually inspected by a departmeritafarrrrorer or firearms instructor. r%a ii. Revolvers must be double action. Single 'I qn onfy revolvers are prohibited. Semi-automaticsshall LWcarrie-d according to manufacturer specifications.-Semi-awtos which are carried with the hammer in the rearward position shall be "cocked and locked" (hammer back and safety on) and carried in an approved holster. Holsters shall be approved by the Lead Range Officer or Chief of Police. iii. Minimum trigger pull weight: Factory pull weight not less than five (5) pounds. iv. Ammunition Capacity: five (5) round minimum. V. The handgun shall be concealed (This does not include transportation of the weapon to and from the officer's residence and the PD) and carried in a secure and safe manner. vi. Backup weapons may be worn while attending court (with judge's approval) if the officer is in plain clothes and has police identification adjacent to where the weapon is located. b. Current authorized backup handguns i. Smith and Wesson: Models Body Guard, 442 and 642 ii. Glock: Models 17, 19, 22, 23, 26, 27, and 43 iii. Springfield: Model XD9 iv. Ruger: Model LCP D. Authorized Shotguns 1. Patrol a. The department shall provide a shotgun for each marked squad - car. b. An approved patrol shotgun is any department issued shotgun meeting the following requirements: L Gauge: 12 gauge ii. Barrel length: Minimum 14" iii. Action: pump or semi -automatic iv. 2.75"-3" magnum capability V. Minimum 4 shot magazine tube C. Current authorized shotguns for patrol L Remington: 870 12 gauge pump action _ ii. Benelli M4 12 gauge semi -automatic CD 2. Special Response Team (SRT) ?'- r") a. The department shall provide a limited number of s4gtgrxns for use by the special response team., b. An approved special response team shotgun is any department issued shotgun meeting the following requirements: L Gauge: 12 gauge ii. Barrel length: Minimum 14" iii. Action: pump or semi -automatic 10 iv. 2.75"-3" magnum capability V. Minimum 4 shot magazine tube C. Current authorized shotguns for the special response team I. Benelli M412 gauge semi -automatic ii. Remington 870 Magnum Breaching Shotgun 3. Authorized Personally Owned Shotguns The Iowa City Police Department may allow individual officers to purchase and carry their own shotguns, on duty, pursuant to this order. Qualifications for Individually Owned Shotguns a) The officer must have successfully completed his/her probationary period. b) The officer must submit a request to the Commander of Field Operations via the Chain of Command. c) The officer's immediate supervisor and the Commander of Field Operations must approve the officer and weapon before a personally owned shotgun can be used on duty. d) The shotgun shall be inspected by the department's Lead Range Officer. b. An approved personally owned shotgun is any rifle meeting the following requirements: I. Gauge: 12 gauge ii. Barrel length: Minimum 14" iii. Action: pump or semi -automatic iv. 2.75"-3" magnum capability V. Minimum 4 shot magazine tube a C. Current authorized shotguns for the special response=team I. Benelli M4 12 gauge semi -automatic ii. Remington 870 Magnum Breaching ShotgtTr d. The owner of any shotgun(s) approved pursuant to this policy; is responsible for all expenses related to the care, repair and maintenance of the weapon unless otherwise approved by the Commander of Field Operations. 11 E. Authorized Rifles 1. Patrol a. The department shall provide a limited number of rifles for use by patrol. b. An approved department issued patrol rifle is any rifle meeting the following requirements: i. minimum 10" barrel maximum 20" a. A barrel under 16" must be properly registered with the ATF. ii. Gas operated semi -automatic action iii. .223 caliber iv. 20 round capacity box magazine V. fixed or collapsible stock A. Approved tactical sling vii. Attached light with illumination of at least 200lumens. vill. Fixed or flip -up iron sights a) An optical sighting device may be used. ix. Appropriate protective case. C. Current authorized department issued rifles for patrol I. Rock River Arms Model: LAR15 d. To the extent practical, each Watch Commander will have assigned to their watch four (4) Patrol Rifle Operators. If an officer is a designated PRO and desires to transfer to another watch, tkfat officer may be removed from the Patrol Rifle program and the rifle;. surrendered to the Watch Commander. The Watch,Corttmarder shall secure the weapon and may designate another officers- as a g,40. The newly appointed PRO shall have completed the minir"�Prn course for Patrol Rifle Operators and supply qualifying range seor'es arrsighf confirmation records to the Training and Accreditati erge,3nt. r� Authorized Personally Owned Rifles a. The Iowa City Police Department may allow individual officers to purchase and carry their own patrol rifles, on duty, pursuantto this order. Qualifications for Individually Owned Patrol Rifles 12 0 A a) The officer must have successfully completed his/her probationary period. b) The officer must submit a request to the Commander of Field Operations via the Chain of Command. C) The officer's immediate supervisor and the Commander of Field Operations must approve the officer and weapon before a personally owned rifle can be used on duty. d) The rifle shall be inspected by the department's Lead Range Officer. An approved personally owned patrol rifle is any rifle meeting the following requirements: L minimum 10" barrel maximum 20" a. A barrel under 16" must be properly registered with the ATF ii. gas operated semi -automatic action iii. .223 caliber iv. 20 or 30 round capacity box magazine V. fixed or collapsible stock vi. Approved tactical sling vii. Attached light with illumination of at least 200lumens. viii. Fixed or flip -up iron sights a. An optical sighting device may be used. ix. Appropriate protective case Current authorized personally owned rifles for patrol are i. Rock River Arms, Model: LAR15 ii. Bravo Company, Model: BCM4 iii. Colt, Models: 6720, 6920, and 6940 iv. Aero Precision, Models: X15 and M4E1 V. Knight's Armament, Model: SR15 vi. Daniel Defense, Model: DDM4 = == vii. LMT, Model: Defender viii. Geissele Automatics, Model: SD-556 ix. SOLGW, Model: Loyal 9 X. SIONICS, Model: SAR-15 A. BV Arms, Model: BV4 Al. FN Herstal, Model FN15 xiii. Sons of Liberty Model M4-76 Custom Rifle 13 d. The Chief of Police or designee may grandfather previously authorized personally owned rifles for patrol. Currently the only one grandfathered is: i. Springfield Armory, Model: SAINT authorized on 09/08/2020 e. The owner of any rifle(s) approved pursuant to this policy is responsible for all expenses related to the care, repair and maintenance of the weapon unless otherwise approved by the Commander of Field Operations. f. A probationary officer who was a certified peace officer prior to hire with the Department and is recommended by the Lead Range Officer, may be selected as a PRO prior to the end of their probationary status. g. No ICPD police officer is allowed to deploy a patrol rifle on duty until they have attended an ICPD PRO training course and is certified by the Department as a PRO. 3. Special Response Team (SRT) a. The department shall provide a limited number of rifles for use by SRT. b. An approved department issued SRT rifle is any rifle meeting the following requirements: i. minimum 10" barrel ii. Gas operated semi -automatic action iii. .223 caliber iv. 20 or 30 round capacity box magazine V. fixed or collapsible stock ! vi. Approved tactical sling vii. Attached light with illumination of at least.?OQ lufrtens. viii. Fixed or flip -up iron sights .. a) An optical sighting device may be -dyed. ix. Appropriate protective case. C. Current authorized department issued rifles for SRT i. Rock River Arms, Model: LAR-15 14 d. Trained SRT members may carry their assigned shoulder weapon while on duty and on their patrol watch. SRT members carrying their assigned weapon must follow the guidelines provided in this policy. 3. Sound Suppressors a. The department may provide sound suppressors for department issued patrol and SRT rifles that meet the requirements of this order. The issuance of department owned sound suppressors shall be at the discretion of the lead range officer. b. Officers with authorized personally owned rifles may purchase sound suppressors for duty use on those rifles that meet the requirements of this order with the approval of the lead range officer or designee. C. The use of a sound suppressor on a department owned or approved patrol rifle is subject to the following requirements: L The make and model of sound suppressor and method of attachment shall be approved by the lead range officer. ii. All approved sound suppressors shall attach via a "quick detach' muzzle device which shall be installed by a department armorer. iii. The rifle shall be zeroed with the sound suppressor attached and all qualifications shall be completed with the sound suppressor attached. iv. The sound suppressor shall be attached at all times when the rifle is carried and used on duty. d. Sound suppressors shall be inspected by department armorers as part of the rifle inspection. Repairs to sound suppressors shall only be completed by the manufacturer or manufacturer approved gunsmith. F. Authorized Ammunition c 1. Department issued firearms must carry ammunition issued by tie department. Personally owned backup handguns must-c,�try artment approved ammunition. Rifles shall only be deployed with .223—v ammunition approved and supplied by the department,7kmraunitio'6 shall not be modified in any way. 2. The Lead Range Officer shall be responsible for issuing all duty and 15 training ammunition for all officers of the Department. a. All ammunition shall be produced by a major commercial manufacturer of such product. b. All issued duty ammunition shall be rotated at least on an annual basis. C. All issued duty and training ammunition shall be approved by the Chief of Police or designee. d. All ammunition carried in a department approved, personally owned backup firearm shall be approved by the Chief of Police or designee. e. The table below lists all authorized ammunition information types: Handgun Shotgun Rifle 380 caliber Speer Gold Dot 90 GR HP 12 Ga Buckshot Federal .168 grain Bonded SP .38 special 12 Ga Slug Federal .165 grain Sierra Match King BTHP .357 caliber Royal Arms Tactical Entry Avon Rounds-SRT only Speer LE Golddot 64grain GDSP 9 mm Federal 2.75 00 buckshot-9 pellet Federal Match168 GR, Boat Tail H .40 caliber Federal Tactical 9 pellet Hornady Critical Duty FlexLock 40 caliber 175 grain Federal 2.75 lounce rifled slugs .45 caliber Speer Gold Dot 125 GR HP Speer Gold Dot 125 GR GDHP Speer Gold Dot 147 GR Speer Gold Dot 180 GR'='' Speer Gold Dot 230 GR Federal Tactical Bonded 165 GR ' Federal Tactical Federal HST ` Magtech 7.45 Remington Ultra Defense Remington Gold Saber G. Firearms Records 1. The captain of administrative services shall record the following information and forward it to the Lead Range Officer: 16 a. Initial date of service b. Description C. Manufacturer and Caliber d. Serial number e. Repair, service and modification history 2. The Lead Range Officer shall maintain a record for each firearm approved by the Department for use under official color of duty, and shall, at a minimum include the aforementioned information. 3. A copy of the firearm record shall be provided to the Commander of Field Operations and be entered in the Departments records management system. H. Firearms Modifications and Repairs 1. All department issued and department approved personally owned firearms shall not be modified from the manufacturer's specifications, except under the following circumstances: a. All modifications or repairs shall be conducted by the a manufacturer, manufacturer authorized service center, or department approved armorer or gunsmith. Exception: Officers may personally install a slip-on grip on their department issued or personally owned handgun. All other grip changes or modifications shall be conducted per section above. b. Modifications that disable factory safety devices are not authorized under any circumstances C. The Lead Range Officer shall be notified in writing of all modifications or repairs and shall enter the modifications or repairs in the Departments record management system. Documentation shall be kept on file with the Lead Range ($icer. fir. ..W. Firearms Maintenance c7 1. Officers shall maintain all firearms issued to them, or appri-ved for use by the Department, in proper working order. Officeri$#all - not disassemble any department issued firearm beyond' 01d stripping, as per the manufacturer recommendations for proper mainteRnce and cleaning. All other disassembly shall be conducted by the manufacturer, manufacturer authorized center, department approved armorer, or gunsmith. 17 Each repair or service transaction shall be documented and recorded as required in the section above. J. Firearm Proficiency, Training and Testing Courses of fire and tests designed to require the officer demonstrate accuracy, safety, functionality and maintenance of the firearms the officer carries or uses and knowledge of laws and departmental regulations concerning the use of force and weapons shall be required on an annual basis. 1. All persons utilizing range facilities shall follow the direction of the Lead Range Officer/Range Instructor at all times. 2. Courses of fire will be designed by firearms training personnel to include scores, target types, timing distance and practical conditions that meet the needs of the department. 3. Scores will be documented as either pass/fail, or in annual firearms qualification courses, as a numerical score with a minimum of 80% required to pass and qualify. 4. Proficiency tests will include demonstrated ability of the officer to accomplish the following: drawing, holstering, clearing stoppages, loading, unloading, and safe handling of the firearm as designated by the training staff. S. Target types will consist of, but not be limited to the following: a. Paper targets with printed design to represent areas to hit and be used in scoring accuracy. b. Steel targets that present instant feedback. -to the officer on accuracy. - -- ry C. Shoot/don't shoot targets that represent thafl ed for an officer to react appropriately. 6. Successful completion of a transitional training cou'rse conddcted by the firearms training staff is required by any officer who changes from primary handgun of one design to a handgun of another design, prior to being approved to carry the new handgun. 7. Annual handgun proficiency qualification requirements shall consist of successful completion of one course consistent with ILEA for 18 each issued handgun and a personally owned weapon that has been approved as a backup. 8. All officers who carry special weapons and ammunition shall successfully complete qualification courses and training designed by the firearms training staff and those in charge of the affected units on an annual basis. 9. PRO Range days shall be held twice per year. PRO's must attend one of the PRO Range days each year in addition to sight confirmation at each Department Range day (spring and fall) in accordance with standards established by the Department's Rifle Instructors. Officers desiring to purchase and carry their own rifle must complete the same training and qualification as PROS using Department owned weapons. 10. Remedial training may be required of those officers who fail to achieve the minimum scores or at the recommendation of the lead range officer. Remedial training will continue until the officer meets the ILEA standard. The lead range officer will notifythe Commander of Field Operations and the Training Officer of those who cannot achieve a passing score. b. Failure to meet the ILEA proficiency requirements within 12 months of the last passing score will result in immediate notification to the Commanderof Field Operations and the Training Officerand may result in temporary reassignment to administrative duties that do not require the use of a firearm. This may continue until the standard is met, but will not exceed five (5) duty days without administrative review. C. Continued failure to meet the standard may resutinadministrative action being taken against the officer. z5 Ci d. Specific to PROS: during qualification, failure tGl e a u passing score will result in a second attempt c,:, - approximately one month later. Failure to fires passing score at that time will result in the officer being susp'doded from the rifle program for a period of not less than three months. Upon failure to qualify on the second attempt, the officer shall surrender the department issued rifle to their Watch Commander. The Watch Commander may reissue the rifle to another qualified PRO on the watch or the Commander of Field Operations may designate a new PRO. Upon the expiration of the 3-months, the 19 Commander of Field Operations shall determine if the rifle will remain with the current PRO or revert to the original officer. 11. The Range Officer or Lead Range Instructor conducting the firearms training shall complete records documenting all firearms training for each officer. These records shall be retained by the Training Unit. 12. All firearm instruction, training and qualification shall be provided by a certified instructor. 13. Until the employee achieves full certification, s(he) will not be permitted to operate the specific weapons system other than in a training environment. Dustin Liston, 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 ry 20 REDLINE VERSION Red highlights are deletions Green highlights are additions Original Date of Issue General Order Number May 14, 2018 17-03 Effective Date of Reissue Section Code April 26,2022 Reevaluation Date Amends jCancels April 2023 00-08 WEAPONS and 07-01 Patrol Rifle CA.L.E.A. Reference 4.1.3, 4.3.1, 4.3.2, 4.3.3 Use of Force/ Training INDEX AS: Firearms Munitions Off -duty weapons Weapons Special Response Team I. PURPOSE m� Use of Force Training "�' r � _ hJ Field Training The purpose of this order is to govern the types of firearms and ammunition used by officers in the performance of their duties. The policy shall establish a registration and approval process for all firearms and ammunition. Officers shall be required to demonstrate proficiency prior to being authorized to carry any firearm. II. POLICY It is the policy of the Iowa City Police Department to equip its officers with firearms and ammunition which are safe and reliable. Members of the Department shall only use firearms and ammunition authorized by the Department in the performance of their duties and in a manner consistent with their training and General Order 99-05: Use of Force. It is also the policy of the Department to require officers to 1 demonstrate at least annually, proficiency in the use of all firearms utilized under color of official duty. The Iowa City Police Department recognizes that combative, armed and/or violent subjects create handling and control problems requiring special training and equipment. III. DEFINITIONS Armorer - A member who has received specialized training to provide firearms manufacturer's authorized maintenance and repair for authorized firearms. The armorer must be recommended by the Lead Range Officer, Training Officer and approved by the Chief of Police or designee. The written approval shall specify which firearms the armorer is authorized to maintain and repair. Departmental issued handgun - Handguns issued to the officer by the department and which the officer shall carry when on duty. Any exceptions require the approval of the Chief of Police or designee. Department issued shotgun - Shotguns provided by the department for deployment in tactical situations. Department issued semi -automatic rifle - Rifles provided by the department for deployment in tactical situations for unconventional situations where the police may face heavily armed and/or ballistically protected suspects. These rifles are a tool to allow the potential resolution of these incidents by providing a tactical adv'Apkage not available with more conventional police firearms. -, .w Firearms - For the purposes of this policy firearms means handguiW,µ-shd uns, and rifles. It excludes less lethal shotguns and 37mm munitions. For tl ese''see GO 17-06 titled Less Lethal Weapons. Lead Range Officer - A sworn member who has received specialized training in the r instruction of firearms training and activities (firearms instructor school). he lead Range Officer shall be responsible for the development and coordination of firearms training, courses of fire, recommendations for firearms, targets, range safety issues and all supplies needed for the operation of the firing range and duty use. The Lead Range Officer shall ensure that firearm maintenance and repair issues are referred to an armorer. Long -gun - Any firearm other than a handgun. Includes all shotguns and rifles regardless of application. Off -Duty Weapons -Any firearm that is not registered with the department as a backup weapon and is carried solely in an off -duty capacity. Off -duty firearms are not regulated by the department and shall not contain/use department duty issued ammunition. 2 Official color of duty - Any action taken by a sworn officer whether on or off duty pursuant to his/her status or authority as a police officer and within the scope of their duties. Patrol Rifle Operator (PRO) - A specially selected and trained officer of the patrol division issued a department rifle; or an officer selected and trained to carry a personally owned rifle approved by the department. Operators are selected based on guidelines established by the Commander of Field Operations. Personally owned firearms the Range Instructor - A member who has received specialized training in the instruction of firearms training and activities (firearms instructor school) and recommended by the Lead Range Officer, Training Officer and approved by the Chief of Police or designee. Range Instructors assist the Lead Range Officer in the development and coordination of firearms training, courses of fire, targets, range safety issues and all supplies needed for the operation of the firing range and duty use. Subject - The person who is the focus of the police operation. IV. PROCEDURES T A. General Requirements n 1. All on -duty sworn personnel, whether in uniform or non-u'•riform, -hall be' armed with a departmentally _-duty handgun. a. Exceptions fl I. Officers operating in a status where possession of a firearm would endanger the officer or the operation in which they are participating. ii. Where there is a need to or requirement that officers secure their weapon prior to entering a secured area. e.g., courtroom, correctional facilities or psychiatric wings of hospitals. iii. Officers with non -uniform administrative assignments while performing that assignment. iv. Officers on "light duty" will carry weapons based on limitations as provided by a physician. Z. Prior to initial issuance or carry while on duty, all firearms shall be reviewed, inspected and approved by a range instructor or armorer. On an on -going basis, qualified instructors or armorers shall conduct inspections of all firearms that are being carried by members. 3 The date of the inspection and name of the inspector shall be recorded and forwarded to the Lead Range Officer, Training Officer and/or SRT supervisor, as appropriate. If a firearm is determined to be unsafe, the instructor or armorer shall remove it from use pending repair, record the malfunction, cause repair to be made, and provide a replacement to the employee as soon as practical if it is a department issued firearm. 3. Non -uniformed on -duty officers carrying a handgun in an unconcealed manner must be readily identifiable as a police officer by wearing their badge adjacent to the weapon. 4. Whether on or off -duty, officers shall carry their police identification while armed with a department issued firearm. Exceptions i. When participating in recreational shooting events. ii. When the possession of police identification would endanger the officer, or operation in which he/she is participating. 1.s iii. When in the department issued uniform, the uniform maZ serve as police identification.m 5. The carrying of a handgun while off -duty shall be at the=dtscreMn of the officer. If the officer elects to carry off -duty with a department issued handgun or a department approved backup handgun that be Oicer has qualified with and carrying under the premise of (heir professional authorization to carry, it shall be concealed from public view. Wn officer carrying a personally owned weapon off -duty under the premise of their non-professional permit is not required to carry police identification. An officer electing not to carry a handgun while off -duty shall not be subject to disciplinary action if an occasion should arise in which they could have taken police action were they armed. 6. Officers may carry a personal backup handgun while on duty provided the following requirements are met: a. The weapon meets the specifications for approved backup carry. b. The officer shall qualify with the weapon on at least an annual basis. C. The officer's Watch Commander shall be advised of the make, model and serial number of the approved weapon. 4 d. On an annual basis the weapon shall be inspected by a departmental armorer or firearm instructor. e. The weapon shall not be carried as the officer's primary weapon. f. The weapon shall not be modified after it has been approved without notification and approval of the Lead Range Instructor. g. If the weapon is discharged in the line of duty it shall be immediately surrendered to the on -duty watch supervisor. h. The officer recognizes that the Department or City of Iowa City will in no way be liable for the damage, theft or loss of the personal weapon. i. The weapon shall only be loaded with ammunition approved by the commanding officer field operations when carried on duty. 7. All sworn officers shall be armed with a Department approved handgun while operating any marked police vehicle. 8. Department issued firearms shall only be used for departmental duties. 9. All officers must meet approved levels of proficiency in firearms qualification training as set forth by the Range Officer and approved by the Chief of Police. 10. While on -duty, officers shall carry their handgun(s) fully loaded. (i.e. full chamber and magazines for semi -auto handguns and full cylinder for revolvers.) Department issued handguns will be carried only in a department issued holster unless the officer has received permission from a member of Command Staff to use another holster approved by the lead firearms instructor. Personally owned handguns will be carried in a holster approved by the Lead Firearms Instructor. 11. While on duty shotguns will be carried with the magazine fullyp(oaded the chamber empty, and safety on unless being used by the oMcer. Shotguns shall be stored in the appropriate locking rack=ofsqu d cars. Officers shall, as soon as practical, notify a supervisor;6f:a.ny �ptgun.-.-. deployment (i.e. removal from vehicle at a call -for seriIi1 , o' _ 12. While on duty rifles that carry 30 round magazines shaft-ortly b loaded-' with 28 rounds. Rifles that carry 20 round magazines shall be f.4ly loaded. While on duty all rifles will be carried with one magazine insertEd in the rifle, the chamber empty, and safety on unless being used by the officer. All rifles are to be stored in the trunk of the assigned officer's patrol car during his/her duty unless the vehicle is equipped with an appropriate rack. Officers shall, as soon as practical, notify a supervisor of any rifle deployment (i.e. removal from vehicle at a call -for service). Department issued rifles are to be secured in the officer's locker at the end of tour. No rifles shall be left in fleet vehicles at the end of an officer's tour of duty. 13. Only magazines authorized by the department may be used in a firearm and they shall not be modified from their original manufacture. Magazines for all firearms used while on duty will be inspected on an annual basis by a department armorer. 14. Officers are responsible for the safekeeping and security of all department authorized firearms in their custody. 15. When loading or unloading a firearm in the Police Department the unloading / loading shall occur using the bullet trap provided by the department. When in locker rooms, all handguns whether department or personally owned shall remained holstered. 1& All firearms shall be stored, handled, and / or maintained in such a manner as to prevent the firearm from an unintended discharge. 17. Off -duty Patrol Rifle Operators may only remove agency issued rifles from the Department premises for practice purposes. All department authorized weapons shall be stored consistent with Iowa Code Chapter 724.22 (7): "It shall be unlawful for any person to store or leave a loaded firearm which is not secured by a trigger lock mechanism, placed in a securely locked box or container, or placed in some�other location which a reasonable person would believe to be" secure from a minor under the age of fourteen years, if's6eh person knows or has reason to believe that a minor u*r_ he ge of fourteen years is likely to gain access to the firearm•witffbut the, lawful permission of the minor's parent, guardian or p4VF9on having charge of the minor, the minor lawfully ga[r5 access to the firearm without the consent of the minor's parent, guac�qan, or person having charge of the minor, and the minor exhibits the firearm in a public place in an unlawful manner, or uses the firearm unlawfully to cause injury or death to a person. This subsection does not apply if the minor obtains the firearm as a result of an unlawful entry by any person. A violation of this subsection is punishable as a serious misdemeanor." 18. Officers shall not carry any firearm under the following circumstances: The officer is on suspension or is directed not to do so by the Chief of Police. b. The officer has not successfully met proficiency and qualification levels as set forth by the Department. C. While under the influence of alcoholic beverages or medications that impair physical or mental ability. 19. Probationary police officers that have not graduated from the academy shall not carry a firearm while off -duty. Probationary police officers that are already certified upon hire are allowed to carry a concealed firearm off duty once they are sworn in. 20. The Captain of Administrative Services shall maintain a file on each firearm that is authorized for use in an official capacity containing the following: a. Date the firearm was authorized for use in an official capacity. b. Excluding routine cleaning, a log of all maintenance, repairs, or alterations completed on the firearm. C. Member using the firearm. d. In the case of shotguns -what car it is assigned to. 21. Firearms shall not be modified after it has been approved without notification and approval of the Lead Range Instructor. 22. Unless dispatching a sick or injured animal, if a firearm is discharged in the line of duty it shall be immediately surrendered to the on -duty watch supervisor. If the firearm was issued by the department the surrendering officer shall be given a replacement as soon as possible._,-- --- 23. All personnel authorized to carry weapons intended for use of fie application must receive training on their use from the pe spectlVes of practical application and organizational policy. InstructigKi boulcbinclude confirmation of employee understanding of legal implicat-o -1 an requirements, weapon specific operating and care procectyres, u documentation and reporting procedures, and obligations following the use of force. B. Display of Firearms 1. Except for general maintenance, supervisory inspections, storage or authorized training, officers shall not draw or exhibit firearms unless circumstances create a reasonable suspicion that it may be necessary to lawfully use the weapon in conformance with departmental directives. 2. Unless specifically designed to be carried in this fashion, at no time shall a firearm be carried or placed in a cocked condition, except for a second or subsequent shot of a semi -auto firearm. 3. Department owned firearms shall not be carried or utilized for any non - law enforcement activity without the express written permission of the Chief of Police or designee. 4. No officer shall display or provide any weapon to a citizen to inspect, examine or otherwise handle unless authorized by the Chief of Police or designee. C. Authorized Handguns ea 8 Weaptin Mounted Light: Cult' i-;andgun< corned by Officers assigned to patrol duties shall be equipped with a department issued or approved personally owned weapon mounted light. Duty handguns carried by officers assigned to investigative or administrative duties may be equipped with a department issued or approved personally owned weapon mounted light. The Lead Range Officer shall maintain a list of approved weapon mounted lights. iii. Optical Sight: An optical sight may optionally be fitted to a duty handgun. The lead range officer shall maintain a list of approved optical sights, mounting plates, and vendors to NrIorm slide modifications. Department owned firearms shall not be rmodified for optical sight -installation. No offlccv may carry a handgun equipped with an optical sight without completion of a department provided or approved training course. i . Other items: All other accessories are governed by the section of t this order concerntng firearms modifications. !. On duty handgun, uniform duty An approved on -duty handgun for uniform duty is any department issued handgun as approved by the Chief of Police. Specifications I. Handguns must be double -action only or de - cock only models. Single-action handguns are nVA&,,_ authorized. ii. Minimum trigger pull weig, t not less than five (5) poundW iii. Barrel length: not less than 3. incites. iv. Ammunition cap y r went approved uniform on duty han�ff 40 caliber GLOCK model 22 m 9mm caliber GLOCK model approval of the chief of t y �o a An approved on duly d iodgun for non -uniform duty Is any department issued or personally owned departmentally approved handgun. b. Specifica i_ H de-cocCc on authorized. ii. Minimum trigger pull weight: Factory trigger pull w not less than five (5) pounds. iii. Bar 3 inches and not more than G iiv. nd minimum. C. Current approved non-uni guns i. 40 Caliber CLOCK mo kii. 40 caliber CLOCK mo - ii, 9mm caliber GLOCK m ief of p0 3. Authorized Personally Owned Backup Handguns a. An approved backup handgun is any department issued handgun or personally owned handgun meeting the following requirements. I. Criteria for personally owned, backup handguns a. .380 ACP or larger b. .45 ACP or smaller _ a C. Annually inspected by a departmen`ta4rr"r or firearms instructor. c`a- tV ii. Revolvers must be double action. Single actfq'b, onL6 revolvers are prohibited. Semi -automatics;$# afl be`'earriedj- according to manufacturer specifications. $6-frii-autos which are carried with the hammer in the rearwarwo position shall be "cocked and locked" (hammer back and safety on) and carried in an approved holster. Holsters shall be approved by the Lead Range Officer or Chief of Police. iii. Minimum trigger pull weight: Factory pull weight not less than five (5) pounds. iv. Ammunition Capacity: five (5) round minimum. 10 V. The handgun shall be concealed (This does not include transportation of the weapon to and from the officer's residence and the PD) and carried in a secure and safe manner. vi. Backup weapons may be worn while attending court (with judge's approval) if the officer is in plain clothes and has police identification adjacent to where the weapon is located. b. Current authorized backup handguns L Smith and Wesson: Models Body Guard, 442 and 642 ii. Glock: Models 17, 19, 22, 23, 26, 27, and 43 iii. Springfield: Model XD9 iv. Ruger: Model LCP D. Authorized Shotguns 1. Patrol a. The department shall provide a shotgun for each marked squad - car. b. An approved patrol shotgun is any department issued shotgun meeting the following requirements: L Gauge: 12 gauge ii. Barrel length: Minimum 14" iii. Action: pump or semi -automatic iv. 2.75"-3" magnum capability V. Minimum 4 shot magazine tube C. Current authorized shotguns for patrol i. Remington: 87012 gauge pump action ii. Benelli M412 gauge semi -automatic 2. Special Response Team (SRT) - a. The department shall provide a limited number of"5hotguns for use . by the special response team. ? b. An approved special response team shotgun is ayny department issued shotgun meeting the following requirements: �.r' L Gauge: 12 gauge ii. Barrel length: Minimum 14" iii. Action: pump or semi -automatic 11 iv. 2.75"-3" magnum capability V. Minimum 4 shot magazine tube C. Current authorized shotguns for the special response team i. Benelli M412 gauge semi -automatic ii. Remington 870 Magnum Breaching Shotgun 3. Authorized Personally Owned Shotguns a. The Iowa City Police Department may allow individual officers to purchase and carry their own shotguns, on duty, pursuant to this order. Qualifications for Individually Owned Shotguns a) The officer must have successfully completed his/her probationary period. b) The officer must submit a request to the Commander of Field Operations via the Chain of Command. c) The officer's immediate supervisor and the Commander of Field Operations must approve the officer and weapon before a personally owned shotgun can be used on duty. d) The shotgun shall be inspected by the department's Lead Range Officer. b. An approved personally owned shotgun is any rifle meeting the following requirements: i. Gauge: 12 gauge ii. Barrel length: Minimum 14" iii. Action: pump or semi -automatic iv. 2.75"-3" magnum capability V. Minimum 4 shot magazine tube r� C. Current authorized shotguns for the special response tearrr- L Benelli M412 gauge semi -automatic s iL Remington 870 Magnum Breaching Shotgun,, N d. The owner of an shotgun(s)a . y approved pursuant,�if�thiolicy; ks; a responsible for all expenses related to the care, repair r arid - maintenance of the weapon unless otherwise-4proy* ,,@ by the Commander of Field Operations. k 12 E. Authorized Rifles 1. Patrol 2. a. The department shall provide a limited number of rifles for use by patrol. An approved department issued patrol rifle is any rifle meeting the following requirements: i. minimum 10" barrel maximum 20" a. A barrel under 16" must be properly registered with the ATE ii. Gas operated semi -automatic action iii. .223 caliber iv. 20 round capacity box magazine V. fixed or collapsible stock vi. Approved tactical sling vii. Attached light with illumination of at least ■ lumens. viii. Fixed or flip -up iron sights a) An optical sighting device may be used. ix. Appropriate protective case. C. Current authorized department issued rifles for patrol i. Rock River Arms Model: LAR15 d. To the extent practical, each Watch Commander will have assigned to their watch four (4) Patrol Rifle Operators. If an officer is a designated PRO and desires to transfer to another watch, that officer may be removed from the Patrol Rifle program and the rifle surrendered to the Watch Commander. The Watch Commander shall secure the weapon and may designate another officer as a -PRO. The newly appointed PRO shall have completed the mirflrr&m c rrse for Patrol Rifle Operators and supply qualifying range s4cgres a sight confirmation records to the Training and AccreditafroerSer&ant. Authorized Personally Owned Rifles a. The Iowa City Police Department may allow individual officers to purchase and carry their own patrol rifles, on duty, pursuant to this order. Qualifications for Individually Owned Patrol Rifles 13 4 C. a) The officer must have successfully completed his/her probationary period. b) The officer must submit a request to the Commander of Field Operations via the Chain of Command. c) The officer's immediate supervisor and the Commander of Field Operations must approve the officer and weapon before a personally owned rifle can be used on duty. d) The rifle shall be inspected by the department's Lead Range Officer. An approved personally owned patrol rifle is any rifle meeting the following requirements: i. minimum 10" barrel maximum 20" a. A barrel under 16" must be properly registered with the ATF ii. gas operated semi -automatic action ill. .223 caliber iv. 20 or 30 round capacity box magazine V. fixed or collapsible stock vi. Approved tactical sling vii. Attached light with illumination of at least 200 lumens. viii. Fixed or flip -up iron sights a. An optical sighting device may be used. ix. Appropriate protective case Current authorized personally owned rifles for patrol are L Rock River Arms, Model: LAR15 ii. Bravo Company, Model: BCM4 ill. Colt, Models: 6720, 6920, and 6940 iv. Aero Precision, Models: X15 and M4E1 V. Knight's Armament, Model: SR15 vi. Daniel Defense, Model: DDM4 vii. LMT, Model: Defender viii. Geissele Automatics, Model: SD-556 r ix. SOLGW, Model: Loyal X. SIONICS, Model: SAR-15 xi. BV Arms, Model: BV4 xii. FN Herstal, Model FN15 xiii. Sons of Liberty Model M4-76 Custom Rifle 14 d. The Chief of Police or designee may grandfather previously authorized personally owned rifles for patrol. Currently the only one grandfathered is: i. Springfield Armory, Model: SAINT authorized on 09/08/2020 e. The owner of any rifle(s) approved pursuant to this policy is responsible for all expenses related to the care, repair and maintenance of the weapon unless otherwise approved by the Commander of Field Operations. f. A probationary officer who was a certified peace officer prior to hire with the Department and is recommended by the lead Range Officer, may be selected as a PRO prior to the end of their probationary status. g. No ICPD police officer is allowed to deploy a patrol rifle on duty until they have attended an ICPD PRO training course and is certified by the Department as a PRO. 3. Special Response Team (SRT) a. The department shall provide a limited number of rifles for use by SRT. b. An approved department issued SRT rifle is any rifle rrgeting the following requirements: i. minimum 10" barrel- ii. Gas operated semi -automatic action c; 'T iii. .223 caliber iv. 20 or 30 round capacity box magazine -CS V. fixed or collapsible stock - vi. Approved tactical sling vii. Attached light with illumination of at least ■ lumens. viii. Fixed or flip -up iron sights a) An optical sighting device may be used. ix. Appropriate protective case. C. Current authorized department issued rifles for SRT Rock River Arms, Model: LAR-15 15 d. Trained SRT members may carry their assigned shoulder weapon while on duty and on their patrol watch. SRT members carrying their assigned weapon must follow the guidelines provided in this policy. 3. Sound Suppressors a. The department may provide sound suppressors for department issued patrol and SRT rifles that meet the requirements of this order. The issuance of department owned sound suppressors shall be at the discretion of the lead range officer. b. Officers with authorized personally owned rifles may purchase sound suppressors for duty use on those rifles that meet the requirements of this order with the approval of the lead range officer or designee. C. The use of a sound suppressor on a department owned or approved patrol rifle is subject to the following requirements: i. The make and model of sound suppressor and method of attachment shall be approved by the lead range officer. ii. All approved sound suppressors shall attach via a "quick detach" muzzle device which shall be installed by a department armorer.,: =' iii. The rifle shall be zeroed with the sound oppressor attached and all qualifications shall be completedwith the sound suppressor attached. t' iv. The sound suppressor shall be attached'"Vall U"aes wlYen the rifle is carried and used on duty. r� d. Sound suppressors shall be inspected by department a7morers as part of the rifle inspection. Repairs to sound suppressors shall only be completed by the manufacturer or manufacturer approved gunsmith. F. Authorized Ammunition 1. Department issued firearms must carry ammunition issued by the department. Personally owned backup handguns must carry department approved ammunition. Rifles shall only be deployed with .223 ammunition approved and supplied by the department. Ammunition shall not be modified in any way. 2. The Lead Range Officer shall be responsible for issuing all duty and 16 training ammunition for all officers of the Department. a. All ammunition shall be produced by a major commercial manufacturer of such product. b. All issued duty ammunition shall be rotated at least on an annual basis. C. All issued duty and training ammunition shall be approved by the Chief of Police or designee. d. All ammunition carried in a department approved, personally owned backup firearm shall be approved by the Chief of Police or designee. e. The table below lists all authorized ammunition information types: Handgun Shotgun Rifle 380 caliber Speer Gold Dot 90 GR HP 12 Ga Buckshot Federal .168 grain Bonded SP .38 special 12 Ga Slug Federal .165 grain Sierra Match King BTHP .357 caliber Royal Arms Tactical Entry Avon Rounds- SRT only Speer LE Golddot 64grain GDSP 9 mm Federal 2.75 00 buckshot-9 pellet Federal Match168 GR, Boat Tail H .40 caliber Federal Tactical 9 pellet Hornady Critical Duty Flex Lock 40 caliber 175 grain Federal 2.75 lounce rifled slugs .45 caliber Speer Gold Dot 125 GR HP—> Speer Gold Dot 125 GR GDHP -- Speer Gold Dot 147 GR Speer Gold Dot 180 GR Speer Gold Dot 230 GR �y Federal Tactical Bonded 165 GR Federal Tactical m ' Federal HST Magtech 7, 45 " Remington Ultra Defense e Remington Gold Saber G. Firearms Records 1. The captain of administrative services shall record the following information and forward it to the Lead Range Officer: 17 a. Initial date of service b. Description C. Manufacturer and Caliber d. Serial number e. Repair, service and modification history The Lead Range Officer shall maintain a record for each firearm approved by the Department for use under official color of duty, and shall, at a minimum include the aforementioned information. 3. A copy of the firearm record shall be provided to the Commander of Field Operations and be entered in the Departments records management system. H. Firearms Modifications and Repairs All department issued and department approved personally owned firearms shall not be modified from the manufacturer's specifications, except under the following circumstances: a. All modifications or repairs shall be conducted by the a manufacturer, manufacturer authorized service center, or department approved armorer or _. Exception: Officers may personally install a slip-on grip on their department issued or personally owned handgun. All other grip changes or modifications shall be conducted per section above. c• . C. The Lead Range Officer shall be notified itl- writialp of all, modifications or repairs and shall enter the fitoiificons or repairs in the Departments record management_ system:. Documentation shall be kept on file with the Lea &-ftrige'Officer. Firearms Maintenance 1. Officers shall maintain all firearms issued to them, or approved for use by the Department, in proper working order. Officers shall not disassemble any department issued firearm beyond field stripping, as per the manufacturer recommendations for proper maintenance and cleaning. All other disassembly shall be conducted by the manufacturer, manufacturer authorized center, department approved armorer, or I9 2. Each repair or service transaction shall be documented and recorded as required in the section above. Firearm Proficiency, Training and Testing Courses of fire and tests designed to require the officer demonstrate accuracy, safety, functionality and maintenance of the firearms the officer carries or uses and knowledge of laws and departmental regulations concerning the use of force and weapons shall be required on an annual basis. 1. All persons utilizing range facilities shall follow the direction of the Lead Range Officer/Range Instructor at all times. 2. Courses of fire will be designed by firearms training personnel to include scores, target types, timing distance and practical conditions that meet the needs of the department. 3. Scores will be documented as either pass/fail, or in annual firearms qualification courses, as a numerical score with a minimum of 80% required to pass and qualify. 4. Proficiency tests will include demonstrated ability of the officer to accomplish the following: drawing, holstering, clearing stoppages, loading, unloading, and safe handling of the firearm as designated by the training staff. 5. Target types will consist of, but not be limited to the following: a. Paper targets with printed design to represent areas to Irit and be used in scoring accuracy. s 7 N b. Steel targets that present instant feedback to he Nicer on accuracy. C. Shoot/don't shoot targets that represent the need for an".officer to react appropriately. `Z) 6. Successful completion of a transitional training course conducted by the firearms training staff is required by any officer who changes from primary handgun of one design to a handgun of another design, prior to being approved to carry the new handgun. 7. Annual handgun proficiency qualification requirements shall consist of successful completion of one course consistent with ILEA for 19 each issued handgun and a personally owned weapon that has been approved as a backup. 8. All officers who carry special weapons and ammunition shall successfully complete qualification courses and training designed by the firearms training staff and those in charge of the affected units on an annual basis. 9. PRO Range days shall be held twice per year. PRO's must attend one of the PRO Range days each year in addition to sight confirmation at each Department Range day (spring and fall) in accordance with standards established by the Department's Rifle Instructors. Officers desiring to purchase and carry their own rifle must complete the same training and qualification as PROS using Department owned weapons. 10. Remedial training may be required of those officers who fail to achieve the minimum scores or at the recommendation of the lead range officer. Remedial training will continue until the officer meets the ILEA standard. The lead range officer will notify the Commander of Field Operations and the Training Officer of those who cannot achieve a passing score. b. Failure to meet the ILEA proficiency requirements within 12 months of the last passing score will result in immediate notification to the Commander of Field Operations and the Training Officer and may result in temporary reassignment to administrative duties that do not require the use of a firearm. This may continue until the standard is met, but will not exceed five (5) d jty days r-, without administrative review. C. Continued failure to meet the standard mayresulttr acl i,#strative action being taken against the officer. d. Specific to PROS: during qualification, failure to fie a passing score will result in a second attempt :4 approximately one month later. Failure to fire a passing score at that time will result in the officer being suspended from the rifle program for a period of not less than three months. Upon failure to qualify on the second attempt, the officer shall surrender the department issued rifle to their Watch Commander. The Watch Commander may reissue the rifle to another qualified PRO on the watch or the Commander of Field Operations may designate a new PRO. Upon the expiration of the 3-months, the 20 Commander of Field Operations shall determine if the rifle will remain with the current PRO or revert to the original officer. 11. The Range Officer or Lead Range Instructor conducting the firearms training shall complete records documenting all firearms training for each officer. These records shall be retained by the Training Unit. 12. All firearm instruction, training and qualification shall be provided by a certified instructor. 13. Until the employee achieves full certification, s(he) will not be permitted to operate the specific weapons system other than in a training environment. Dustin Liston. Chief of Police r This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of a higher legal standard of safety or care in an evidentiary sense with respect to third -party claims. Violations of this directive will only form the basis for departmental administrative sanctions c� �o r'r1 `TJ 21 TO: File FROM: Captain Denise Brotherton RE: Quarterly Summary Report IAIR/CPRB, 3rd and 4th Quarter 2020 DATE: April 9, 2021 Attached you will find the IAIRtCPRB 2020 third and fourth quarter summary reports for the Iowa City Police Department Internal Affairs/Citizen's Police Review Board investigative file. There was one investigation initiated in the third quarter of 2020 and one investigation initiated in the fourth quarter. Both were initiated externally. cc: CPRB CJ s] -ffi E -�a -E 75 c -a � ;�- E E w w w w E 0 z z a j \ \ co U) CD V) U) Z� 0 Z� 0 0 E E E E CL m 0 2 0 2 2 0 0 m E a E a E a E 0 0 0 0 C4 -WII iNz: § \ \ � ! a ! ! a � \ � � ƒ � � G � 7t 7� 7t to 0) 0) ro ra § [ \ \ k ( I ) izz 9 9 v w C6 ti I ti I -..1. !.... 1/ TO: File FROM: Chief Dustin Liston RE: Quarterly Summary Report IAIR/CPRB, 1st Quarter 2021 DATE: April 9, 2021 There were no investigations initiated in the first quarter of 2021. cc: CPRB Sgt. Doug Hart .r� TO: Chief Dustin Liston FROM: Sgt. Andrew McKnight RE: March 2021 Use of Force Review DATE: April 27, 2021 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 April 27, 2021. It was composed of Sgt. McKnight, Sgt. Fink, and Officer Hartman. For the review of submitted reports in March, the Review Committee documented the following: • 40 individual officers were involved in 24 separate incidents requiring use of force. • There were no documented cases of an officer exercising hisiher duty to intervene and the review,jgthe incidents did not indicate that an officer failed their duty to intervene. • Out of the 24 uses of force, 15 involved force being used against people. The other nin:were anigt"" is being euthanized by an officer. .w-y PV -_ • Out of the 40 officers involved in the 15 uses of force against people, no injuries were su's�fa,iged t°Auspects� and only one superficial injury was sustained by an officer. • No violations of policy were noted during this review period. -7 =77 • Out of the 15 uses of force against people, arrests were made 13 times (86%). • Mental health. was identified by officers as being a factor in four of the uses of force used against persons (26%). • Drugs and/or alcohol was identifiedby officers as being a factor in eleven of the 15 uses of force against persons (73%). • Out of the 1.5 times force was used on a person, eight were identified as White (53%), seven were identified as Black (47%). • Out of the 24 uses of force, the average number of officers involved in the force was 1.6. • In total during this time period, the ICPD had 5.648 calls for service with 24 calls for service resulting in force being used. It is noted that nine of the 24 uses of force involvedanimals and not humans. The highest level of force in each incident is reflected below along with the year-to-date: Force Used March 2021 Occurrences 2021 Year -to -Date Hands-on 9 23 Taser Display 1 1 Taser Discharge 1 2 OC Spray Deployment 0 1 Firearms Display 3 11 Firearms Discharge 0 0 ASP Striking 0 0 Officer Striking/Kicking 0 0 Animals Euthanized by Officer 9 16 Special Response Team Callouts 0 0 Vehicle Pursuits 0 p Officer Injuries 1 1 Suspect Injuries 0 2 Reports to U.S. DOJ 0 .y Total Use of Force incidents to date equal 57. Total calls for service in the same period-efals"19,217. This results in a year-to-date use of force being deployed in .29%of our total year-to-da}e'Eall-V r service. ' ; - c� [OSUA CITY ,WA CITY POLICE , DEPARTMENT Use of Force Report [piNA CITY 1 POLICEMarch 2021POLICE Watch Date Incident Incident Arres Force Used Occurred Number type t and Made Officers YIN Involved Day Watch 3/2 2021001470 Sick or N Injured deer shot and killed by — one Injured officer. officer Animal Day Watch 3/3 2021001491 Sick or N injured deer shot and killed by — one Injured officer. officer Animal Late Night 3/5 2021001540 Intoxicated Y An officer stopped a subject Watch — Driver and determined he was three driving intoxicated. When told officers he was under arrest, the subject lunged at the officer's gun and attempted to disarm the officer. Three officers took the subject to the ground and pulled his arms behind his back to get him handcuffed. During the struggle, the subject continued trying to grab two different officers' guns. He was taken into custody with minor injuries to him and no injuries to ofters. Evening 3/6 2021001590 Intoxicated Y An officerarreste'd a subject Watch — Driver for OWI and':was'.. i ICPD for three "' � ' processing. TtjF� ubject officers suddenly bdt%me „_ uncooperative: and started damagi l ity-owned computer, equipment. An officer attempt& to de- escalate the situation, but the subject became even more uncooperative and physically resisted b kickin and March 2021 Use of Force Report pushing a desk and physically attacking an officer. Another officer arrived and they were able to push the subject to the floor to get him handcuffed. The subject refused to walk to the police car, so a third officer arrived and assisted in safely carrying the subject to a police car. The subject was not injured, but one officer did sustain minor injuries. Late Night 3t7 2021001599 Criminal Y Officers responded to a social Watch — Trespass/ services agency for a subject four officers Mental refusing to leave. Officers Health located the subject lying on a bed and asked him to leave, but he refused. Officers attempted to verbally de- escalate, but the subject still refused even when faced with arrest. One officer grabbed onto the subject to try and get him to stand up and cooperate, but the subject grabbed an officers hand and continued to assault the officer despite multiple attempts to de-escalate. The subject continued to fight officers as backup officers arrived. The subject hung onto an officer's hand, so the officer delivered focused strikes to "t theii labject to release theLrthand 6 Another officer deplo�ed ah%lectronic conducted,,ener� device (ECD) a4ihe_Wbject eventuaUyiet gorof the ; officers. In fetarl, fcMr officers had to work "togeth r to pull the subject's hands behind his back to get him handcuffed and they had to escort the subject out to a March 2021 Use of Force Report police car. No injuries to officers or suspect, however officers contacted medical personnel to assess the subject, but he refused all treatment. Evening 3/7 2021001609 Sick or N Sick/injured raccoon shot and Watch — Injured killed by officer. one officer Animal Evening 3/8 2021001637 Interference Y An officer attempted to make Watch — with Official contact with a subject about one officer Acts another matter and the subject took off running. The subject ignored multiple commands to stop running and the officer caught up to him and grabbed his arm to prevent him from running. The subject then assaulted the officer by punching the officer several times in the arm. The officer pushed the subject to the ground to control him and pulled his harms behind his back and handcuffed him. No injuries to anyone. Day Watch 3/12 2021001727 Sick or N Sick/injured raccoon shot and — one Injured killed by officer. officer Animal Day Watch 3112 2021001732 Sick or N Sick/injured raccoon shot and — one Injured killed by officer. officer Animal Evening 3/12 2021001750 Sick or N Sick/injured opossum shot Watch — Injured and kilfeds,by Qifficer. ; one officer Animal Evening 3/12 2021001755 Drug N Officers respondedT § provide Watch — Overdose mutual aid t6 nother ageh¢y two officers as they wererdealig with.a. subject underft influence of meth refusing to -exit a vehicle. After several attempts to de-escalate failed, ICPD Officers had to assist the other agency in pulling the subject out of the vehicle in March 2021 Use of Force Report order to take the subject into custody. There were no in'uries to anyone involved. Late Night 3/16 2021001832 Burglary/Ch Y Officers responded to an Watch — ild Stealing assault and child theft that three had just occurred. officers Investigation into the matter led officers to a residence to attempt to locate the suspect. Officers entered the residence to try and locate the suspect and child. Three officers entered the residence with their sidearms drawn to protect themselves and the child. The suspect was located and taken into custody without incident or injury. Day Watch 3/20 2021001941 Sick or N Sick/injured raccoon shot and- - One injured killed by officer Officer animal Day Watch 3/20 2021001945 Mental Y Subject was arrested for — One Impairment/ public intoxicajjbn and Officer Intoxicated transported,. to jai6While at Subject the jail the subject13anged his head on th�Wall.�An Officer and jail staff, intervened to prevent harm to t69 subject. Officer gi~ibbed-an to the" subject's wrists aDd pulled him away from Ifie wall preventing him from harming himself or others. Day Watch 3/21 2021001968 Sick or N Sick/Injured raccoon shot and — One Injured killed by officer. Officer animal Evening 3i22 2021002011 Intoxicated Y Officers responded to a fight Watch — Driver/Interf involving multiple subjects. Four erence with Investigation into the matter Officers Official led officers to a vehicle that Acts/ was leaving the area. To VNCO/ protect themselves, three Public officers drew their sidearms Intoxication and held the occupants at gunpoint. The driver of the March 2021 Use of Force Report vehicle was arrested for OWI and a No Contact Violation. One of the passengers in the vehicle failed to comply with repeated directions given by officers and was unresponsive to continuous attempts to de-escalate; ignoring commands to stay in the vehicle and electing to scream at officers and flail around on the ground making a scene. Officers took hold of her hands and arms in an attempt to complete the handcuffing process. The passenger continued to pull away from officers until they were able to place the subject into handcuffs and transport the subject to 'ail. Late Night 3/29 2021002040 Intoxicated Y An officer arrested a subject Watch — Driver/ for OWL The passenger in Two Interference the vehicle assaulted an Officers With Official officer by punching the officer Acts/ across the face. Officers Assault removed the assaultive subject from thEgehicle by grabbing the subject's arms, legs, and ripper lady while the subjegtoont�' ued-to' assault offiors, biting:an officer in hO th 1. Tl e,, ` subject was p, ay®d with OC to stop the assaultive behavior and eVUntually handcuffed. Late Night 3/25 2021002064 Public Y An officer attempted to Watch — Intoxication/ contact a subject who had Two Interference been engaging in a fight. The Officers With Official subject ran from the officer Acts/ and was caught after a brief Assault foot chase and taken into custody without issue. As the subject was being taken to a transport vehicle, another March 2021 Use of Force Report subject became visibly upset, began being belligerent towards officers, and spat on an officer. An officer took hold of the subject's arms but she continued to pull away. An officer grabbed the subject's upper body and placed the subject on the ground. While on the ground, the subject continued to kick at officers as the officers pulled the subject's hands from underneath the subject's body and placed the subject into handcuffs. Day Watch 3/26 2021002096 Assault Y Subject was told he was — One under arrest and, during Officer handcuffing, attempted to break free and grabbed an officer around the torso and attempted to trip the officer. The officer pushed the subject back and deliberately tripped him to get him on the ground where he could then be handcuffed. The officer attempted de-escalation and threatened the subject with OG spray. The sject then stopped his resistance and cooperated.. There;were no in uries.'� Evening 3/27 2021002123 Assault Y An officer respondedito a fight Watch -One involving three subjects. An Officer officer ordered` the subjects Ito stop fightin'q`One_-subject continued t6'assauifanother individual by attempting to strike the officer with a closed fist and refused to stop when told to stop by another officer. An officer removed their electronic conductive device (EGD) from its holster and laced the red dot on the March 2021 Use of Force Report subject ordering him to stop the assaultive behavior. The officer returned the ECD to its holster unused and took hold of the subject's arms and hands, placing them behind his back, placing the subject into handcuffs. Evening 3/26 2021002135 Drug Y Officer responded to back on Watch -One Dealing a traffic stop with information Officer being known by officers that the occupants were involved in drug dealing and were likely armed. Officers could not clearly see the subject in the vehicle, so they directed the subject to show his hands and stop searching around the vehicle. The subject still would not cooperate with directives and the officer could still not see the subject clearly so they drew their sidearm and pointed it at the subject in order to protect themselves. The subject exited the vehicle and was placed into handcuffs without incident. Late Night 3/30 2021002215 Burglary/ N Officers cesport"69 d to.a Watch - Alarm burglary alarfncafte the owner One Officer indicated that'e su*t was -in the building: Offers'_ ._ surrounded thk r,ipuilding anti conducted 4 searcK'of the. premises forpersons inside. Officers had -their w apons drawn during the search and K9 was used to assist with the search. The subject had left the scene prior to arrival. No other force was used. Day Watch 3/30 2021002222 Injured Sick/Injured deer shot and —One Animal killed by officer Officer March 2021 Use of Force Report Day Watch 3/31 2021002246 Disorderly Y Officers responded to reports — Two Conduct of a fight where a subject was Officers observed shoving and threatening another individual. While being placed under arrest for disorderly conduct he resisted officers who were attempting to handcuff him. The individual continued to pull away, tense up, and attempted to turn towards the officers making it difficult to complete the handcuffing process safely. Officers took hold of his arms, pulled them behind the subject's back and completed the handcuffing process. =a fat March. 2021 Use of Force Report IOWA CI' Y PROCEDURE POLICE Original Date of Issue General Order Number December 20, 1989 89-06 Effective Date of Reissue Section Code March 29, 2021 1 OPS-01 Reevaluation Date Amends March 2024 C.A.L.E.A. Reference 81.1, 81.2 (see "INDEX AS:") INDExAs Clear Text Communications Procedure J'tC OPS-01 1 om ommucag mons Use of Radios T.c^ PURPOSE a The purpose of this order is to establish policy to address operational prooedurerith the Joint Emergency Communications Center (JECC). "? y >' O I. Policy: Radio Communications Procedure The Iowa City Police and Fire Departments have combined with several area agencies to form the Joint Emergency Communications Center. JECC serves as the emergency communications system for the City of Iowa City. JECC has its own governing body separate from the City of Iowa City known as the Joint Emergency Communications Services Association Policy Board (JECSA). The City of Iowa City shall have two (2) permanent members on the JECSA board. II. Procedure: General A. The Support Services Division shall have primary responsibility and control of communications and communication equipment for the department. OPS-01.2 B. The department's radio operations will be conducted in accordance with the Federal Communication Commission's (FCC) procedures and requirements at all times. A copy of the FCC's current rules and regulations shall be available to department personnel through JECC. C. JECC shall provide the Iowa City community with twenty-four (24) hour toll free voice and TDD telephone access system for emergency calls for service. D. JECC shall establish policy for obtaining and recording the following information for each call for service or self -initiated activity: 1. Control number/Call for Service (CFS) number. 2. Date and time of request. 3. When possible, name and address of complainant. 4. Type of incident. 5. Location of incident. 6. Identification of officers assigned as primary and backup. 7. Time of dispatch. 8. Time of arrival. 9. Time of officer return of service. 10. Disposition or status of reported incident. E. JECC personnel shall be informed of the supervisor or officer in charge and all assigned patrol officers at the beginning of every patrol shift. All officers assigned shall be considered active unless JECC is informed of a change in status. F. The office of the Chief of Police shall ensure that JECC has an updated V= roster including telephone contact information for all current depart6ent Y personnel. G. JECC shall maintain a current plan or data on the following: G .,1 1. Maps detailing the department's service area T iv 2. A written procedure and telephone numbers for procuring emergency?nd necessary external services for the department. 3. A tactical dispatching plan. H. JECC shall establish an incident interview technique to be utilized by communications personnel when responding to calls for service. The interview shall determine if the call for service is an emergency or non -emergency. Regardless of the type of call, communications personnel shall inform the caller of the department's response to Include direct department assistance or referral to another agency or service provider. I. The department shall maintain victim and witness assistance and referral information on a 24-hour basis through JECC and through personal response by police officers. Communication personnel shall make a determination, based upon the scope of the call for service, if the victim or witness needs direct OPS-01 emergency medical service (EMS) and/or physical police response or referral. If either the EMS or police are needed, communications personnel will promptly dispatch appropriate personnel. In cases of a referral, referral lists are maintained at JECC and agency contact phone numbers shall be kept updated. 2. To ensure the timely and appropriate attention to needs, Communications personnel and Station Masters shall respond to victim/witness requests for information and/or service including initial and subsequent requests. 3. If physical police response is necessary, the responding officer shall determine whether overt police actions such as written reports, notifications, arrests or transportation are required or if the need exists for other types of assistance or intervention (e.g. contact with Rape Victim's Advocacy Program (RVAP), CommUnity Crisis Services and Food Bank, DVIP, or the Mobile Crisis Unit(CIT). The department provides and utilizes alternate methods of communication to ensure effective, efficient and proper communication between employees. Methods of alternate communication include cellular telephones and email. 1. Upon hire, employees are assigned an email account through the city to be used in day-to-day business operations of the department. Department employees shall adhere to the City of Iowa City email and internet usage policy and procedures. 2. The Chief of Police may assign cellular telephones to employees when a valid mission -related purpose exists. While cellular telephones can be used in lieu of radios and strict adherence of radio procedures is;fjot mandatory, employees must be professional with their communi6Wtions. Employees that are issued a department cellular telephony shall jdhere to the City of Iowa City cellular telephone policy and procedufes.:o rQ 111. Procedure: Recordings A. All communications occurring on the two-way radio system and any tdidph?pe line answered by JECC shall be recorded. The recording system shall allow -for the immediate play back of the recording while continuing to record any additional communications. B. JECC shall establish the manner in which the records are securely handled and stored, and the length that the records are maintained. The procedure for destruction for each record set shall also be defined. All federal and state regulations related to the maintenance of these records shall be followed. All recordings shall be maintained for a minimum of thirty (30) days. A supervisor may request in writing that a specific official recording be maintained for a longer period of time, the request shall identify the time frame to be maintained. C. Official Recordings: Official recordings are copies of the original recordings maintained and distributed specifically by JECC staff. Request for official recordings should be made, in writing, to the JECC dispatch shift supervisor. Requests from the department for official recordings shall be made by a OPS-01 supervisor. When appropriate, official recordings shall be entered as evidence. When utilized as evidence in a criminal case, official recordings may be released upon request to the prosecuting attorney's office with jurisdiction. Official recordings entered as evidence shall be released pursuant to records policy and state law as established in chapter 9 section 82.1.1(Records) of the Operations Manual. Official recordings may be released to media and other outside entities upon the approval of the Chief of Police. D Recordings shall only be reviewed for official purposes (e.g. procedural review, complaint investigation). When a recording is needed for a complaint investigation that may result in suspension, demotion, or termination, it shall be an official recording as described above. IV. Procedure: Criminal Justice Information Systems A. All officers and other employees required to access the Iowa and the National Crime Information Center (NCIC) criminal justice information system shall maintain proper certification as required. The Support Services division shall maintain all needed records to verify employees have met the standards of each system including initial certification, periodic recertification as required, and updating approved user access. B. Criminal justice information systems contain confidential information. All employees shall be responsible for knowing and understanding the rules and regulations that govern the use and distribution of this information and will be held accountable for failure to comply with said rules and regulations. C. The Criminal Justice Information Services (CJIS) produces a comprehensive security policy to establish a minimum set of security requirerx�nts fir access to FBI CJIS division systems and information and to protect ansafbgid criminal justice information. The department shall adopt this security policy apd shall adhere to the requirements therein. The CJIS security policy sk I)b"rovided to all personnel in the appendix of the Operations Manual. rr" D. The department shall establish the following positions to complyW'ith th6CJIS security policy. The positions shall assume all roles and requirements as established in the CJIS security policy. 1. Terminal Agency Coordinator (TAC): The TAC serves as the point -of - contact at the department for matters relating to CJIS information access. The TAC administers CJIS systems programs within the department and oversees the department compliance with CJIS systems policies. The TAC position for the department shall be a designated Station Master. 2. Local Agency Security Officer (LASO): Due to the technical nature of the duties of the LASO, the Department's System Analyst shall assume this role. The LASO shall have the following responsibilities: a. Identify who is using the state of Iowa Technology Services Bureau approved hardware, software, and firmware and ensure no unauthorized individuals or processes have access to the same. b. Identify and document how the equipment is connected to the state OPS-01.5 system. C. Ensure that personnel security screening procedures are being followed as stated in this policy. d. Ensure the approved and appropriate security measures are in place and working as expected. e. Support policy compliance and ensure the state of Iowa Technology Services Bureau is promptly informed of security incidents. V. Procedure: Radio Communications A. When on duty, all officers shall be assigned a portable two-way radio that allows direct communication with JECC. B. All police owned vehicles utilized for enforcement activity shall be equipped with a mounted two-way radio system that allows communication with JECC. Exceptions may be granted for vehicles assigned to task force officers as they may be operating under a different communication system or the vehicle may be utilized for undercover operations. C. Each radio shall have an emergency alarm that when activated will send an alert to communications personnel. The emergency alarm shall be activated by an officer when they encounter a dangerous situation in which they need Immediate backup and are unable to communicate due to the situation. When an emergency alarm is activated, communications shall immediately follow their policy and procedures (JECC SOP 6.37). An emergency alarm activated by an officer shall be handled with the highest priority. D. Each officer shall be assigned a radio identification number to be utilized during all radio communications. E. When on -duty, patrol officers shall primarily utilize the two-way racdigsysfem to inform communications personnel of their status. This allows comMuniclimrs and other officers to remain cognizant of the officer's activity and count status. Officers may also utilize a mobile data terminal or a cell phft'l inform communications and other officers of their status. Officers otxtsjbe ifs Inform patrol may utilize the two-way radio system when appropriate to infoc� communications of their actions. All officers shall be required to notify 4r communications personnel of any type of enforcement activity and shall have a two-way radio system immediately accessible when taking action. Officers working covert and undercover assignments are exempt from this requirement. F. The department uses plain language as their communication protocol. All transmission will be courteous and professional in nature. At no time shall profanity be used on the radio. G. Employees shall be reminded that all radio communications and mobile data information can become public record according to Iowa Code, H. Officers shall keep communications advised of their status following their arrival at calls of unknown or possibly dangerous circumstances. OPS-01.6 Only pertinent or emergency information shall be transmitted on the two-way radio system. J. Officers shall keep their portable radios on when away from vehicle or station based radios unless the situation warrants otherwise (e.g. bomb threat, officer safety, etc.). K. Officers shall keep communications aware of their status. This shall include but is not limited to the following: 1. Upon initiating police action. 2. On arrival and at completion of an assignment. 3. During lunch periods and breaks. 4. When out of service for any reason. L. Officers and communications personnel shall not argue or contest assigned calls. If there is a problem, the involved personnel shall contact their supervisor. 2. When there is an issue that needs corrective action, it shall be handled by the supervisor. Sensitive matters shall be handled over the telephone or in person. M. Call assignments may be altered by the supervisor based on information, need, and staffing. Officers not specifically assigned to a call shall refrain from including themselves. If further assistance is needed, communications personnel or the supervisor will assign backup units. N. Officers shall monitor other agencies radio communications as designater by their supervisor while performing routine patrol duties. w c O. In the event of a major crime or medical emergency a specific ch n67I stifi31 be restricted to use for that incident. Anytime an officer is respondinTto-la P0 dangerous situation, radio use shall be restricted to emergency corrYft-Junication only. Officers shall notify dispatch when the situation has been resolpO_d i6the channel can be cleared for normal traffic. Consideration should be gi#en fa the use of an encrypted event channel when possible. P. Officers shall use the following procedures when stopping a motor vehicle: 1. Upon stopping a vehicle, an officer shall notify communications by giving their radio number and advising "traffic." They shall stand by until acknowledged by a dispatcher before giving further information. 2. The officer shall then give license number of vehicle, his/her location. The officer may also want to include the vehicle color, year, make, model and number of occupants. Communications shall run a wanted check of the vehicle after being advised of the license number. 3. After making contact with the occupants of the vehicle, if the officer feels the situation is under control, they shall advise communications they are "Code 4" After an officer gives their status as "Code 4" the dispatcher will follow JECC protocol to periodically check his/her welfare. d. When an officer anticipates being out of radio contact, they must notify OPS-01.7 communications of their location and the reason for leaving. Communications must be able to reach the officer at all times. If radio communication is not possible, the officer may utilize a cellular phone to keep communications informed. Officers working covert and undercover assignments are exempt from this requirement, however, they must have the ability to summon assistance from other officers working with them and JECC shall be made aware of the general location and type of the operation. R. Officers and communications personnel have access to other agencies via statewide LEA, mutual aid, and other local radio channels. Use of other channels by officers shall be limited to emergency or urgent communications. Proper radio procedure shall be followed when using other channels. S. The department shall maintain a system to insure interoperability between the city of Iowa City radio system and the JECC system. VI. Procedure: Terminal Access and Server Access Protection A. All computers that access criminal justice information shall be located inside the Police Department, or inside Police owned vehicles. No computer terminals should directly face a window or opening that will allow the public to view the information displayed on the screen at any time. If visitors are inside the building they should be restricted from viewing any CJIS data on computer terminals or in paper form. Unauthorized users should not be allowed access to any computer that contains or has access to criminal justice information. B. Computer terminals that are not attended 24 hours a day shall be secure�rohen not in use, computer terminals should be locked and when possiblkoffice.doors remain closed and locked when not in use. ya C. Mobile computers and laptop computers should always be positioneiitb that any non -certified personnel will not have access to view informatiorf,6 they:'; screen. No computer terminal should be left open and unattended ate+ ti, locking the desktop should be utilized when leaving the workspace fit any �y reason. VII. Server Access Protection Servers that hold Police shared and personal files are located in Tower place. Access shall be gained by a security badge controlled by City of Iowa City ITS, Systems inside the room shall be secured behind a chain link fence to prevent unauthorized access to network gear and hardware. All users with access to the room shall pass either City of Iowa City or Johnson County background check prior to gaining access. Backup tapes shall be locked inside City of Iowa City Information Services Division. All sites shall be monitored by video surveillance. Vill. CJIS Security Incident Reporting and Handling A. Assessment of Threat If the ITS division is notified of a situation that could be a threat to data, physical/ $ infrastructure, or user account and which could lead to compromised data they will first asses if the threat has been blocked by security measures currently in place by either software or hardware devices. If the threat is legitimate but blocked and prevented access the user account password shall be changed as a preventative measure and no further action or reporting is necessary. If the threat has infected hardware inside the Iowa City Police Department and is a credible threat the action steps below will be put into place. B. Response to Credible Threat If the threat is deemed legitimate and has infected any hardware inside the Iowa City Police Department the Information Services staff shall do the following: - Notify the LASO — Systems Analyst for ICPD of the threat. - Immediately disconnect the affected hardware from the City of Iowa City network. Reset the user account as a preventative measure. The affected hardware in use at the time will be examined to try and determine the source or reason for the threat. A report will be provided by Information Services to be kept on file by the LASO. When the review is complete it will be determined if the hard drive needs to be replaced, formatted, or over written. Once that process is completed the machine will be imaged with a standard and tested OS. Virus scan definitions and necessary updates to the hardware will take place and the hardware will be returned to service. The only variation to the above process is the VMware view environment. It utilizes a non -persistent desktop environment so every time that user logs out of a machine the operating system is destroyed and anew machine is created. This removes the cancem of a machine that has been compromised lingering for an extended period. c If there is a chance that malicious code was used to access sensitive dat;-.the La�SO will contact the Iowa Department of Public Safety to notify them of the event. IX. Procedure: Mobile Computers A. The mobile computer supplements the existing JECC two-way voice Padio system. The mobile computer is not intended to replace two-way voice radio communications. The mobile computer is intended to be used for sending and receiving information, making and/or receiving routine inquiries and receiving supplemental information, thus allowing the voice channels to be more available for high priority traffic. The mobile computer may also be used to access the department's records and CAD systems. B. Department personnel using the mobile computer shall be aware that messages sent on the system may be public records according to Iowa state law. Messages shall be restricted to business use. No personal messages shall be sent. No OPS-01.9 obscene, improper, or off-color language will be used in the messages. Officers shall not allow unauthorized users to access their mobile computers. C. It shall be prohibited to do any of the following actions on the mobile computer: 1. Send messages that may be construed as threatening or intimidating. 2. Unless it is incidental to an investigation, or as part of an official inquiry/response or report, send images that contain nudity, or to send images or words of a sexually suggestive nature, even if the recipient has consented or requested such material. 3. Send jokes or comments that tend to disparage a person or group because of race, ethnicity, national origin, religion, gender, sexual orientation, age, or mental or physical disability. 4. Send messages in any other inappropriate manner. 5. Use another employee's computer ID and password. D. All usage of the mobile computer to access the IOWA or NCIC systems will be governed by the IOWA and NCIC system's rules and regulations. E. Any installation of software or modification of existing software on the mobile computer shall adhere to the City of Iowa City ITS policies. F. All calls for service shall be dispatched by voice and may also be sent by computer. Mobile computers shall be utilized by officers for inquiries, to send administrative messages, to complete needed reports, or to access and update the Department's records and CAD systems. G. Officers should perform their own status changes (arrive, busy, available, complete) on their mobile computer. They will continue to use the radio system to alert other officers and supervisors of their change in status. H. All officers should query their own driver license, registration and !m-ranf S unless circumstances require a vernal request. I. When able, officers shall obtain all incident times and numbers by4fiobile77 computer. Officer shall be responsible for entering the call narrativq�dr{d sv disposition unless unable to do so., J. When the mobile computer system is down, all activity shall revert back to the two-way voice radio system. K. Officers shall practice good officer safety techniques. Do not allow operation of the mobile computer to reduce situational awareness, especially in cases involving violators or suspects. Caution shall be exercised when operating the mobile computer when the vehicle is moving. If the operation can be done in a safe manner, an officer may operate the mobile computer while the vehicle is moving. When operation of the mobile computer requires more than a few key strokes or the touching of the computer screen, the officer shall pull over at a safe location to perform the task. OPS- X. Procedure: Response to Calls for Service: A. One unit will generally be dispatched to handle routine calls for service. The nature of some calls, however, may require additional units for purposes of safety and effectively handling the call. Under most circumstances, two (2) or more units will initially be dispatched in the following instances: 1. Officer calling for help or an activation of an emergency alert. 2. Alarms. 3. Suspicious person s/circumstances. 4. Domestic disturbances. 5. Any call involving a weapon. 6. Crimes in -progress. 7. Any call that poses a risk to the officer. 8. Any call where, in the judgment of a supervisor, additional units are needed. B. Supervisors may use their discretion when responding to calls; however, there are circumstances that require the presence of a patrol supervisor for the purpose of assuming command. These incidents shall include but not be limited to: 1. Officer calling for help, assaulted, or an activation of an emergency alert (not including false alerts). 2. Death Investigations 3. Natural or man-made disasters. 4. Hostagetbarricaded subject. 5. Injured officers. 6. Fatal or potentially fatal accidents. 7. Accidents involving department vehicles or department ep!ploye . 8. Incidents where a forced entry is necessary. 9. Vehicle and foot pursuits -_ 10, Shootings or stabbings. 11. Use of Force involving Taser, OC or injury to subject or ofr. o XI. Procedure: Entering information into Iowa NCIC systems "? A. Station Masters shall be responsible for entry and removal of all information into the Iowa and NCIC computerized data systems for the Iowa City Police Department. B. When meeting Iowa/NCIC system requirements for entry, officers taking a report in which a vehicle, article, gun, or security have been reported stolen shall request the on -duty Station Master to enter said item. When an item is entered in the Iowa1NCIC system, officers are required to document the entry in the narrative section of the incident. C. When meeting departmental and iowa1NCIC system requirements for entry, officers taking a report on a missing person shall be required to immediately forward the information to the on -duty Station Master for entry of the missing person in the Iowa/NCIC system. The on -duty Station Master shall ensure there is an immediate entry into the system. D. Arrest warrants are entered by a Station Master after receiving them from the [4140 Clerk of Court and the Records Section. E. When an item or missing person is located and requires removal from the Iowa/NCIC system, the officer responsible for the recovery shall notify the on duty Station Master to remove the entry by providing a supplemental report requesting the removal. The officer shall also submit the supplemental report to the main case file. When the on -duty Station Master is notified by another agency that an item or person has been located, the officer/investigator assigned the case shall be notified and be responsible for producing a supplemental report requesting the removal with copies to the on -duty Station Master and the main case file. F. On a monthly basis, the State of Iowa shall produce a validation report for the department on all outstanding entries into the Iowa/NCIC system entered for the Iowa City Police Department. On -duty Station Masters shall be responsible for researching said entries for validation. When it is discovered that an item or person is no longer valid for entry in the Iowa/NCIC system, the Station Master shall remove the entry and produce a supplemental report stating it has been removed. Dustin Liston, 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 highe legal standard of safety or care in an evidentiary sense with respect to third -pa claims. Violations of this directive will only form the basis for departmental administrative sanctions. CD CD .c- Draft #2 recommendation General Order 99-08 (Body Worn Cameras and In -Car Recorders) COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319) 356-5043 H&VIT March 9, 2021 To: Police Chief Liston From: Community Police Review Board Re: Suggested revision to General Order 99-08 (BODY WORN CAMERAS and IN -CAR RECORDERS) Dear Chief Liston: The members of the board respectfully submit the following proposed revision to ICPD General Order 99-09. Revisions are denoted in red and underlined text. When video is requested a complete case of all video will be assembled and a link to the video case will be created for cloud share purposes. Request for video from outside entities will be done through cloud share capabilities through the WatchGuard system. Videos from prior video system shall be done via physical disk. When requested by the JCAO, or City of Iowa City Legal division, they will OPS-12.10 be responsible for dissemination of the cloud share link to other involved parties. It is the responsibility of the receiving party to create physical disks as needed from the cloud share. Cloud share default expiration shall be 60 days unless otherwise requested. Only the Chief of Police may authorize the deletion of any in car video recordings or body camera recordings, and only after the Chief has determined that any video to be deleted was unintentionally captured, invasive or private, and not pertinent to any case or inquiry, and only after a member of the CPRB has reviewed the video and concurred with the Chief's determination. The Chief shall make a request to the CPRB in writing. If there is agreement between the CPRB and the Chief that video is to be deleted, a written record must be signed by both the Chief and the CPRB member that details the identify of the BWC or the in car video, including the time and date stamp of the video, the minutes and seconds of the video that are to be deleted, and the justification for the determination to delete the video. No other portion of the video shall be deleted other than the times identified in the co -signed record Draft #2 recommendation General Order 99-08 (Body Worn Cameras and In -Car Recorders) �. ' M; Any employee who violates this policy will be subject to discipline as GO 99-06 Titled Internal Affairs, Iowa Code Chapter 400 titled Civil Service, and the Contract between the City of Iowa City and the Police Labor Relations Organization of Iowa City allow. If an employee improperly shut off a recording device in violation of this policy, it shall be presumed that an employee did so intentionally, and the employee shall have an affirmative burden to prove by a preponderance of the evidence that the violation was unintentional. Any employee found to have intentionally turned off or disabled an in -car recording device or body camera when their use is required will be suspended or terminated subject to s eASi A BF teF..,:.,8ti8 , as GO 99-06 Titled Internal Affairs, Iowa Code Chapter 400 titled Civil Service, and the Contract between the City of Iowa City and the Police Labor Relations Organization of Iowa City allow. A second offense for intentionally turning off or disabling an in -car recording device or body camera when their use is required will result in termination as GO 99-06 Titled Internal Affairs, Iowa Code Chapter 400 titled Civil Service, and the Contract between the City of Iowa City and the Police Labor Relations Organization of Iowa City allow. COMMUNITY POLICE REVIEW BOARD REVIEW (To be inserted after DISCIPLINE) All incidents where employees did not activate an in -car or BWC recording device or improperly shut off a recording device in violation of this policy shall automatically be subiect to the review by the CPRB. For such incidents, a report from the Chief of Police or City Manager shall be submitted to the CPRB within 30 days of the occurrence that details: 1. A description of all parts of any investigation into the incident that took place, including an interview with the officer; 2. The finding of fact as to when and how the violation occurred; 3. Relevant video footage including footage taken 30 minutes before and after the missing recording at issue; 4. A conclusion on whether misconduct occurred and whether it was intentional, keeping in mind the presumption of intent and the burden of proof by a preponderance of evidence on the officer and a detailed analysis to demonstrate the rationale behind the determination. Extensions of time may be requested to the CPRB and may be granted upon a showing of good faith. The board deems the existence of video evidence of incidents to be an integral part of the trust relationship between the police and the community. This has been easily apparent in the multiple examples of high -profile incidents across the country, including the George Floyd incident. Second, video footage of an incident greatly enhances the board's ability to make an accurate determination on whether misconduct occurred. Video footage protects both the officers and the community members alike in the ability to capture an objective reality. It is understood that the ICPD concurs with the board's view on the value of the footage; hence the financial investment to equip the ICPD with video cameras, and the policy measures that are already in place to help ensure the cameras use in all relevant instances. Draft #2 recommendation General Order 99-08 (Body Worn Cameras and In -Car Recorders) The proposed changes seek to strengthen the policy to further ensure that video is available in all relevant incidents, while minimizing opportunities and appearances of impropriety. As a whole, the board believes these changes add a community check over the integrity of this valuable evidence and promotes greater transparency with the ICPD action. Regarding the change for the authorization of the deletion of video, the issue the policy revision seeks to resolve is that the Chief has unchecked discretion in classifying the material as qualified for deletion in authorizing the video's deletion. This allows for impropriety, or, equally, an appearance of impropriety. It is conceivable that, even in cases where video was correctly determined by the Chief to be unintentionally captured, invasive or private, and not pertinent to any case or inquiry, and was authorized for deletion, community members might have conspiracies that the Chief falsely classified the video in order to delete pertinent video footage to protect the ICPD from liability or exposure. With a quick review by one member of the board, it will protect against the deletion of relevant video, insulate the Chief and ICPD from accusations of conspiracy, and further transparency. Regarding the change in the discipline, the policy revision underscores the importance of the video in all cases. The board believes any intentional conduct to prevent footage from being recorded of relevant incidents, even on a single occasion, should result in termination. Further, under the current policy, the discretion again lies wholly with the Chief to determine, first, whether the officer's failure to have video in violation of the policy was intentional, and second, what discipline, if any should be administered. As, presently there is no capacity under the ordinance for the board to review the discipline the Chief administers, by shifting the burden of proof to the officer to presume that intentional misconduct occurred, and by calling for review of the Chief's finding as to the officer's intent, the board may lessen both the appearance and occasion of impropriety, misplaced leniency, and inconsistency with determinations made by a Chief. Thank you for your consideration of these policy revisions. Sincerely, David Selmer Prepared by CPRB Chair David Selmer OPS-12.1 it • Original Date of Issue General Order Number _July 80, 1999 99-08 Effective Date of Reissue Section Code October 7, 2020 OPS-12 .E.A. �Reference .41.3. 4L3.8 (see "INDEX AS•") INDEX AS: Use of Force Traffic Stops Internal Investigations Recording Devices Evidence In -car Recorders Evaluations Body Wom Cameras (BWC) PURPOSE The purpose of this policy is to identify when recording devices should be used and procedures to be followed when using the recording equipment. Note: this policy specifically does not govern nor apply to covert operations and any related recordings. III. POLICY It is the policy of the Iowa City Police Department that all members serving a patrol or investigative function, to include road CSOs and Animal Control Officers, be required to use recording devices to collect evidence and document interactions between officers and the public. Only approved equipment will be used by department members and usage shall comply with the manufacturer's instructions. All videos are the property of the Iowa City Police Department. Any distribution of a video or portion of a video shall only be done with the authorization of the Chief of Police or his/her designee. The unauthorized playing or copying of any video is prohibited. DOR.� III. DEFINITIONS Audio/video recording equipment consists of: 1. In -car recorders to include a camera, recorder, flashcard and LCD Display. These units are within the vehicle. 2. Body worn cameras (BWC) of a type selected and issued by the Department, are cameras worn on an individual officer's person that record and store audio, video and metadata evidence. J • � The Iowa City Policy Department has adopted the use of the BWC and in -car recorders to accomplish several objectives. The primary objectives are as follows: 1. BWCs and in -car recorders allow for accurate documentation of police - public contacts, arrests, and critical incidents. They also serve to enhance the accuracy of officer reports and testimony in court. 2. Audio and video recordings also enhance the Iowa City Police Department's ability to review probable cause for arrest, officer and suspect interaction, and evidence for investigative and prosecutorial purposes and to provide additional information for officer evaluation and training, 3. The BWC and in -car recorders may also be useful in documenting crime and accident scenes or other events that include the confiscation and documentation of evidence or contraband. The Commander of Administrative Services or his/her designee will supervise the use, storage, duplication and erasing of the material recorded by members of this department. If an officer notices that there is a problem with the equipment, he/she shall notify a watch supervisor. The watch supervisor will forward notification of the problem or malfunction to the Commander of Administrative Services or his/her designee. Only persons trained in the servicing of audio/visual equipment will service the equipment. Any defective unit will not be used, and when practical, will be removed from service until repaired. If an employee who is not trained in the use of the in -car recorder is assigned to a vehicle containing one, they should notify a supervisor. The supervisor shall then assign identity to that portion of the video not identified. Officers are not required to inform the person(s) that the recording equipment is in use, however, it may be advantageous to do so to de-escalate a situation and possibly reduce the need to use force. People generally are on their best behavior when they know they are being recorded. Officers shall disclose the use of a video recorder upon inquiry OPS-12.3 OPERATION OF THE RECORDING APPARATUS In -car Recording Apparatus Officers shall log into the in -car recorder at the beginning of their shift and synch their BWC to the vehicle. Officers shall inspect and test the in -car recording system prior to each shift to verify proper functioning and shall notify their supervisor of any problems. If another squad car is available with a working in -car recording device officers shall utilize that vehicle for their watch. In -car audio/visual recording units will be installed such that they are activated when: 1. turning on emergency lights 2. turning on siren 3. manual activation by pushing the QD record button 4. manual activation by activating a synched SWC 5. excessive speed with no lights or siren All traffic stops shall be recorded in their entirety -including when the citation is being written. Officers should, to the extent possible, use the recording equipment to document the administration of field sobriety tests, remembering that their top priority is safety. In addition to traffic stops officers shall manually activate their recording equipment on calls for service and on self -initiated field activity if it involves an encounter with a person Officers, if able, shall activate the in -car recorder system immediately upon being involved in a motor vehicle crash. It is recommended that officers consider activating the in -car recorder system when responding to calls -for -service where video capture of persons/vehicles leaving the scene of incidents has investigative value. Once a recording unit has been activated it shall only be stopped when the incident in question is concluded unless allowed under this policy. When a recording is going to be made inside the Department by one of the DWI or interview room cameras the BWC and in -car system may be stopped if interior recordings are initiated. When leaving the Department, if still in the presence of the person, the in -car recorder shall be reactivated during transport of any person. When stopping a video recording it should whenever possible be done from the in -car recorder to allow classification to synch to the BWC as well. It is mandatory to give each video a classification at time of stopping the video. Officers shall be as accurate as possible when classifying videos to achieve required retention. Officers can choose from the list below in the vehicle when classifying a video. OPS-12.4 Video Classifications Retention Length 1-equipment check 365 days 2-No CFS 365 days 3- Parking/motorist assist 365 days 4- Warning 365 days 5- CFS / no report 365 days 6- Accident 365 days 7- OWI 730 days 8-CFS / Report 365 days 9- Citation 365 days 10- Use of Force 730 days 11- Arrest 730 days 12- Robbery 730 days 13- Assault 730 days 14- Domestic 730 days 15- Death Investigation indefinite Upon completion of a recorded event which results in an arrest the Officer shall use the CFS# classification to associate the call for service number associated to the video files. This shall be done by all responding officers. Use of video classification and CFS# entry applies only to events managed with in vehicle recorders. Body Worn Cameras (BWC) BWC's that are properly synched to an in -car device will automatically start when the in -car recorder is activated. The BWC will also start an in -car recorder when initiating a recording All patrol cars shall be equipped with an auxiliary charging device for the BWC. When responding to a call for service officers shall activate the BWC prior to arriving on scene or at the first opportunity to safely do so. Additionally, officers shall activate the BWC at the initiation of any other law enforcement action, Including parking enforcement even if there is no interaction with the public, or investigative encounter between a police officer and the public to include: Stops (including traffic stops), frisks, searches, arrests, consensual interviews and searches, enforcement actions of all kinds and any encounter that becomes in any way hostile or confrontational. The BWC shall be activated when a firearm is used to destroy an animal. Exceptions to this requirement include interviews with victims of sexual assault, domestic abuse, or other sensitive crimes, or the recording of witnesses who are concerned about retaliation if they are seen as cooperating with the police. Officers' may also use their discretion during routine and casual situations such as officers on foot or bike patrol who wish to converse with neighborhood OPS-1 2.5 residents and where turning on a video camera could make the encounter seem officious and may make the person reluctant to speak with the officer. Officers may also deactivate their BWC during the following types of situations: In locations where individuals have a reasonable expectation of privacy, such as a residence, they may decline to be recorded unless the recording is being made pursuant to an arrest or search of the residence or the individuals or other enforcement action is occurring in such a location. The BWC shall remain activated until the event is completed to ensure the integrity of the recording unless the contact moves into an area restricted by this policy. Once an officer has finished investigating a collision and the involved parties have been released, the officer may deactivate the BWC prior to clearing the call to complete any paperwork. If an officer responds to assist with traffic control at the scene of a collision, fire or similar incident, the officer may deactivate the BWC when there is no interaction with persons or that interaction has ended. Other calls where there is no further interaction with persons or that interaction has ended, for example, an DWI investigation where the person has been taken to jail or otherwise released and the officer still has additional paperwork. When a recording is going to be made inside the Department by one of the DWI or interview room cameras, officers shall only deactivate their BWC after the appropriate room video system has been activated to avoid any lapses in recording. When leaving the Department, if still in the presence of the person, the BWC shall be reactivated prior to deactivating the DWI and interview room cameras to avoid any lapses in recording. If at any point during these types of calls any of the previously listed situations occur where a BWC is required, the BWC shall be reactivated. The above list is to serve as a guide and is not intended to be all inclusive. If in doubt, record it. If an officer fails to activate the BWC, fails to record the entire contact, or interrupts the recording, the officer shall document why a recording was not made, was interrupted, or was terminated. This is to include muting the audio. A brief statement in the recorder prior to the interruption shall be sufficient documentation. If an officer's BWC needs to be replaced during their watch for any reason, the patrol supervisor will use the WatchGuard Kiosk application to check out another camera for them to use. Procedures for BWC Use Officers shall inspect and test the BWC prior to each shift to verify proper functioning and shall notify their supervisor of any problems. Officers who are assigned BWC equipment shall use the equipment unless otherwise authorized by supervisory personnel. Police personnel shall use only BWCs issued by this department. The BWC equipment and all data, images, video, and metadata captured, recorded, or otherwise produced by the equipment is the sole property of the agency. Police personnel who are assigned BWCs must complete an agency approved and/or provided training program to ensure proper use and operations. Additional training may be required at periodic intervals to ensure the continued effective use and operation of the equipment, proper calibration and performance, and to incorporate changes, updates, or other revisions in policy and equipment. BWC equipment is the responsibility of individual officers and will be used with reasonable care to ensure proper functioning. Equipment failure or malfunctions shall be brought to the attention of the employee's supervisor as soon as possible so that a replacement unit may be procured. A radio log shall be made indicating that the camera is not functioning when it is first known. Employees must report back to the station for a replacement unless unable to because of an emergent call for service. If an employee is unable to come back to the station for a replacement due to an emergent situation then every attempt should be made to have a backup officer on scene with a working camera. The BWC shall be worn on the officer's chest with clear view to the front (not blocked by clothing or other equipment) and properly oriented. Procedures for Both In -car Recorder and BWC Use Officers shall not edit, alter, erase, duplicate, copy, share, or otherwise distribute recordings in any manner without prior written authorization and approval of the Chief of Police or his or her designee. Officers are encouraged to inform their supervisor of any recordings that may be of value for training purposes. Requests for deletion of portions of the recordings (e.g., in the event of a personal recording) must be submitted in writing and approved by the Chief of Police or his or her designee. All requests and final decisions shall be kept on file. Officers shall note in their incident, arrest, and related reports when recordings were made during the incident in question. However, BWC recordings are not a replacement for written reports. Restrictions on Using the In -car Recorder or BWC In -car recorders and BWCs shall be used only in conjunction with official law enforcement duties and shall not be used to record the following: • Encounters with undercover officers or confidential informants. • When on break or otherwise engaged in personal activities. • Communications with other police personnel without the permission of the Chief of Police. • Unless in the scope of officers' official duties and with an articulable reason, officers will not use the in -car recorder or BWCs in any location where individuals have a reasonable expectation of privacy, such as a restroom or locker room. Record After -The -Fact The new recording system has the capability of running in a continuous record, However, this feature has been disabled on the body worn devices, the only time any recording will be captured on a body worn device is when the recording is activated by the front button, or when initiated by a synched in car recording device. This is to maintain a level of privacy for those wearing body worn devices and to prevent excessive drain on battery life. If at some point this feature is to be used it will be by directive of the Chief of Police and appropriate notification will be sent to all users prior to the change. Record after the fact will be functional and running on all patrol vehicle recorders, this will be used in case of major incident or investigation that has cause to believe the patrol vehicle may have been in an area and captured footage of an event or pre/post event footage when a car recorder was not in the record state. Officers should be aware that all patrol vehicle records have this feature and are always in record state, however only videos that are event initiated are ever exported to the system for playback. Any video captured after the fact, as well as the 1 min pre -record on all videos, have no audio associated with them as it is only video playback. If a recording of value is found on a recorder it can be changed to an event and exported to the system for saving and further viewing. Storage and Release All files shall be securely downloaded periodically and no later than the end of each shift. Each file shall contain information related to the date, in -car recorder or BWC identifier, and assigned officer. OPS-12.8 All images and sounds recorded by the in -car recorder or BWC equipment are the exclusive property of the Iowa City Police Department. Accessing, copying, or releasing files for non -law enforcement purposes is strictly prohibited. All access to in -car recorder or BWC files must be specifically authorized by the Chief of Police or their designee, and all access is to be logged and available for audit to ensure that only authorized users are accessing the data for legitimate and authorized purposes. VIDEO RETENTION Proper classification of videos will determine how long a video is retained. If an improper classification is made for a series of recordings they can be reclassified through the software interface. Refer to section on video classification for standard retention lengths. If a video is part of a major case that will require longer or permanent retention a disk copy of all video should be requested and submitted to evidence by responsible officer or detective. VIDEO ACCESS PERMISSIONS Supervisors will have access to view all videos. Investigation users have view only access to all videos. All officers will have access to view their own video and recordings from the intox area. SUPERVISOR RESPONSIBILITIES Supervisors shall review in -car and BWC recordings for all involved employees for use of force incidents and complaints. Documentation of these reviews will be logged on the prescribed form (Appendix A). Supervisors that discover an incident where an in -car or BWC recording device was not activated or improperly shut off shall complete a report of inquiry form (ROI) and forward to the captain of field operations. The supervisor shall include if there was sufficient time for the activation of a device. If an in -car or BWC recording was not activated where there was sufficient time to do so or improperly shut off a report of inquiry shall be completed and forwarded to command staff for review. On a monthly basis, supervisors will review at least one in -car and one BWC recording of each employee under their supervision to ensure that the equipment is operating properly and that officers are using the devices appropriately and in accordance with policy and to identify any areas in which additional training or guidance is required. Where possible video review should be of the same incident to ensure the system is synching as it is designed. By the 15t' of each month each Watch Commander, Lieutenant of Investigations and Animal Control OPS-12.9 Supervisor, shall forward to the Commander of Field Operations the information on the prescribed form (Appendix A) from the previous month. Supervisors shall be trained in the use of in -car cameras and body worn camera and of their duty and responsibilities as it pertains to this policy. COMMAND STAFF RESPONSIBILITIES The captain of field operations shall maintain a record of incidents where employees did not activate an in -car or BWC recording device or improperly shut off a recording device in violation of this policy and monitor for repeats from the same employee. By March Is' of each year the captain of field operations will submit an annual report to the city manager's office and Community Police Review Board from the previous year on compliance with this general order. This report should contain summary of the results of the monthly supervisory checks, Use of Force checks and all checks generated from internal affairs investigations. Media Card Control Normally, video for the in -car recorders is downloaded wirelessly through a secured wireless connection. In the case of failure of that system, the video files will need to be downloaded manually. In -car recorder videos are captured on USB drives on a recorder located in each vehicle. The USB drives shall only be removed by a supervisor who will remove the USB drive and upload the files. The same USB drive must go back into the car it was removed from after uploading. USB drives are not interchangeable. BWCs have no user removable media cards and are downloaded by use of a docking station. If the video contains documentation of a use of force, the fact that there is a video should be included in the Use of Force Resort form. In instances where there is a complaint against a member of the department, the supervisor receiving the complaint shall ascertain if the event in question was recorded. Video files are stored on the server located inside the secure server area at the City of Iowa City Facility, all files are backed up on a routine basis and backup tapes will be stored within City of Iowa City secured facilities. VIDEO DISTRIBUTION PROCESS When video is requested a complete case of all video will be assembled and a link to the video case will be created for cloud share purposes. Request for video from outside entities will be done through cloud share capabilities through the WatchGuard system. Videos from prior video system shall be done via physical disk. When requested by the JCAO, or City of Iowa City Legal division, they will OPS-12.10 be responsible for dissemination of the cloud share link to other involved parties. It is the responsibility of the receiving party to create physical disks as needed from the cloud share. Cloud share default expiration shall be 60 days unless otherwise requested. The Chief of Police has the discretion to authorize the deletion of any in car video recordings or body camera recordings that have been unintentionally captured, invasive or private, and not pertinent to any case or inquiry. DISCIPLINE Any employee who violates this policy will be subject to discipline as GO 99-06 Titled Internal Affairs, Iowa Code Chapter 400 titled Civil Service, and the Contract between the City of Iowa City and the Police Labor Relations Organization of Iowa City allow. Any employee found to intentionally turn off or disable an in -car recording device or body camera when their use is required will be subject to suspension or termination as GO 99-06 Titled Internal Affairs, Iowa Code Chapter 400 titled Civil Service, and the Contract between the City of Iowa City and the Police Labor Relations Organization of Iowa City allow. Denise Brotherton, Interim Chief of Police ING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of higher legal standard of safety or care in an evidentiary sense with respect to third -party claims. Violations of this directive will only form the basis for departmental administrative sanctions. COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5043 April 16, 2021 Geoff Fruin, City Manager City of Iowa City 410 East Washington Street Iowa City, IA 52240 RE: Response to Update on CPRB Recommendations to the City Council Dear Mr. Fruin, The CPRB met on April 14 to discuss your letter regarding the CPRB recommendations to City Council. Please see below the responses to the information requested: Immediate updates to the CPRB Ordinance Recommendations 4, 5 -the Board reviewed and approved of the language in the draft ordinance change. Recommendations 1, (t.,ounCll discussion 2, 3, 5,10, 12 and I I - the �Board has equested an estimated time for the completion of the legal analysis. Recommendations 6, oiqgq �yith the CPRB I - after discussion with Chief Liston inner and the Board, Chef Liston agreed to provide the additional police department informational reports as requested to the CPRB. Recommendations n is received from the I 9, 10 - the requested data has I)een assigned to a sub- committee to compile and report back to the Board. Regards, Chris Olney Community Police Review Board Staff Representative Cc: City Attorney's Office Dustin Liston, Chief of Police City Council 71�r'lll a� "�'■ Mwl®r� CITY OF IOWA CITY City Attorney's Office April 22, 2021 410 East Washington Street Iowa City, Iowa 52240-1826 t319) 3S6-5030 Community Police Review Board (319) 356-SO08 FAX % City Clerk www.icgov.org 410 E. Washington St. Iowa City, IA 52240 via email (chris-olney@iowa-city.org) In re: CPRB Recommendations to City Council Dear Community Police Review Board: This is in response to your letter to Geoff Fruin dated April 16, 2021. The legal analysis of Recommendations 1, 2, 3, 5, 10, and 12 depends in part on the bills currently pending in the legislature that amend Chapter 80F of the Code of Iowa, which governs the investigation of complaints submitted against peace officers. As a result, I do not plan to provide a memorandum to the City Council until the bills fail to pass the House and Senate, or if they do pass, until the Governor either signs or vetoes them. I estimate that the legal analysis will be provided to Council approximately two weeks after final action on Chapter 80F. With respect to Recommendation 11 (expanding the Board membership), this does not require any legal analysis. As the City Manager stated in his March 24 letter, it will be discussed by Council in conjunction with the six recommendations listed above that do require legal review. Please note that the May 4 City Council agenda will include a proposed ordinance implementing Recommendations 4 and 13 (I believe that the April 16 letter incorrectly refers to Recommendation 13 as Recommendation 5.). The ordinance will be identical to the draft approved by the Board at the April 14 meeting. Sincere Susan Dulek Interim City Attorney Copy to: City Council Dustin Liston, Police Chief Geoff Fntin, City Manager Patrick J. Ford, Attorney for CPRB PROPOSED BUDGET CATEGORIES FOR IOWA CITY CPRB DRAFT #1 99AFY AWARENESS & SERVICE ENHANCEMENT, Item #9 in Report to City Council 1. Printing Costs Flyers & posters - Back of police cards?-- does this come out of our budget or ICPD?) 2. Live -stream Costs 3. Website enhancements 4. In -Person Community Forums & Outreach Events - Venue Booking -Food -Music before/after? OTHER 1. Advocates (waiting to hear back from a few organizations. NAMI does not find it to be within their scope of services.) 2. Mediators (our budget or ICPD??) 3. Computerized Risk Management Tracking System (our budget or ICPD?) COMMUNITY POLICE REVIEW BOARD OFFICE CONTACTS April 2021 Date _Description None May 11, 2021 Mtg Packet • �• • COMPLAINT DEADLINES CPRB Complaint #20 02 Filed: Chief's report due (90 days): 06/04/20 Extension Request: 09/02/20 Extension Request: 12/15/20 Report filed: 02/01/21 Extension Request: 01/28/21 Report filed: 06/30/21 - ------- - - - --------------------------------------------------------- ??I??121 CPRB meeting #1 (Review): CPRB meeting #2 (Review): 02/09/21 CPRB meeting #3 (Review): 0 /21 CPRB meeting #4 (Review): 04//14/21 ------------------------- ??/??/21 - --- CPRB report due (90 days): _ Extension Request: 04/28/21 CPRB report due (90 days): J /21 ?? ?? --------------------------------------------------------------- / 121 CPRB Complaint #20 05 ---------- Filed: Chief's report due (90 days): 08/14/20 Extension Request: 11/12/20 Extension Request: 12/15/20 Report filed: 02/01/21 Extension Request: 01/28/21 Report filed: 06/30/21 -- - - - - - - ------------------------------------------------------- ??/??/21 CPRB meeting #1 (Review): CPRB meeting #2 (Review): 03/09/21 CPRB meeting #3 (Review): 0 / /21 CPRB meeting #4 (Review): 04f14/21 ---- ------- - -- - ??1??121 -- ----------------------------------------------- CPRB report due (90 days): -- Extension Request: 04/28/21 CPRB report due (90 days): ??/??/21 ??1??l21 May 17, 2021 Mtg Packet CPRB Complaint #20-06 Filed: Chief's report due (90 days): 0 O8/19t20 Extension Request: /19/20 Extension Request: 11/17/20 12/15/20 Report filed: /0121 Extension Request: 01 Report filed: 01/28/21 ??/??/21 ---------------------------------------------- CPRB meeting #1 (Review): CPRB meeting #2 (Review): 02/09/21 CPRB meeting #3 (Review): 43/09t21 CPRB meeting #4 (Review): 0/09/21 ------------------------- ??/??t21 - --- CPRB report due (90 days): _ Extension Request: 04128t21 CPRB report due (90 days): ??/??t21 ------------------------------------------------------------------------ ??t??/21 CPRB Complaint #20-07 Filed: Chief's report due (90 days): 08/27/20 Extension Request: 11125/20 Extension Request: 12/15/20 Report filed: 02/01/21 Extension Request: 01/28/21 Report filed: 06/30/21 ---- - - - - --------------------------------------------------------- ??/??t21 CPRB meeting #1 (Review): CPRB meeting #2 (Review): 02/09/21 CPRB meeting #3 (Review): 03/09/21 CPRB meeting #4 (Review): 04/14/21 ------------------------- ??J??/21 - --- -----------------------04/28121 CPRB report due (90 days): _ Extension Request: CPRB report due (90 days): ??/??t 21 ??/??21 May 11, 2021 Mtg Packet CPRB Complaint #20 08 Filed: Chief's report due (90 days): Extension Request: Extension Request: Report filed: Extension Request: Report filed: CPRB meeting #1 (Review): CPRB meeting #2 (Review): CPRB meeting #3 (Review): CPRB meeting #4 (Review): CPRB report due (90 days): Extension Request: CPRB report due (90 days): TENTATIVE MEETING SCHEDULE May 17, 2021 Community Forum June 8, 2021 July 13, 2021 August 10, 2021 08/27/20 11/25/20 12/15/20 02/01/21 01/28/21 06/30/21 ??/??/21 02/09/21 03/09/21 04/14/21 ??/??/21 04/28/21 ??/??121 ??/??121