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HomeMy WebLinkAbout07-13-2021 Community Police Review BoardMEMORANDUM COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City DATE: July 8, 2021 TO: CPRB Members FROM: Chris Olney RE: Board Packet for meeting on TUESDAY JULY 13, 2021 Enclosed please find the following documents for your review and comment at the next board meeting: • Agenda for 7/13/21 • Minutes of the meeting on 6/08/21 • ICPD General Order 89-05 (Radio Communications Procedure) • ICPD Use of Force Review/Report May • ICPD Memorandum- Quarterly Summary report IAIR/CPRB, 2nd Qtr 2021 • Fiscal Year 2021 CPRB Annual Report -Draft • Community Forum Summary Letter - Draft • Community Forum Transcription • Proposed Ordinance Change — Review Body & In -Car Cameras — Draft • Suggested Revision to ICPD General Order 01-01 (Bias -Based Policing)— Draft • Redefined Request for Recommendation #8 - Draft • Table of Proposed Changes for the CPRB • American Rescue Plan Act Input Letter from Rachel Kilburg, Assistant City Manager • Updated Member Contact List • Office Contacts — June 2021 • Complaint Deadlines COMMUNITY POLICE REVIEW BOARD TUESDAY JULY 13, 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 httys://zoom.ushvebinar/register/WN cIFHvZi3Qa0WyW0ddZ9bc-,v 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: 976 5092 1932 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 6/08/21 • ICPD General Order 89-05 (Radio Communications Procedure) • ICPD Use of Force Review/Report May • ICPD Memorandum- Quarterly Summary report IAIR/CPRB, 2nd Qtr 2021 ITEM NO. 3 NEW BUSINESS • DRAFT- Fiscal Year 2021 CPRB Annual Report ITEM NO. 4 OLD BUSINESS • Community Forum • Proposed Ordinance Change • ICPD General Order 01-01 (Bias -Based Policing) • 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 • August 10, 2021, 5:30 PM, TBD • September 14, 2021,5:30 PM, TBD • October 12, 2021, 5:30 PM, TBD • November 9. 2021. 5:30 PM. TBD ITEM NO. 9 CONSIDER MOTION TO ADJOURN TO EXECUTIVE SESSION based on Section 21.5(1)(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. ITEM NO. 10 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. DRAFT COMMUNITY POLICE REVIEW BOARD MINUTES — June 8, 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: Chair David Selmer called the meeting to order at 5:31 p.m. MEMBERS PRESENT: Jerri MacConnell, Amanda Nichols, Orville Townsend MEMBERS ABSENT: None STAFF PRESENT: Staff Chris Olney/Kellie Fruehling STAFF ABSENT: Legal Counsel Patrick Ford OTHERS PRESENT: Iowa City Police Chief Dustin Liston City Council Member Janice Weiner, CPRB Liaison RECOMMENDATIONS TO COUNCIL None CONSENT CALENDAR Motion by Selmer, seconded by MacConnell, to adopt the consent calendar as presented. • Minutes of the meeting on 5/11/21 • Minutes of the Community Forum meeting on 5/17/21 • Minutes of the meeting on 5/26/21 • ICPD Use of Force Review/Report April • Correspondence from Roger Lusala on behalf of Iowa City Human Rights Commission Motion carried, 4/0. NEW BUSINESS ICPD General Order 01-01 (Bias -Based Policing) Selmer asked the Board for comments on the draft recommendation letter prepared by Nichols. Nichols noted the draft suggestions for policy change are to refocus the police department to exist for public safety, adding she felt the police should respond and interact with the public only in response to calls for help or public safety risks. Selmer liked the emphasis on getting back towards public safety, however he had concerns regarding constitutional law which directs police policies and procedures on when an officer can and cannot act and that there are constitutional protections in place that prohibit crossing that line. He felt the proposed changes stating, "the police department will interfere with members of the public only when assistance is requested or when there is an imminent risk to safety' raises more questions such as what if there is a crime that might not be considered dangerous, but police need to be out there protecting and being present. Selmer explained the general order policy as it is now is in -line with the constitutional laws that are in place. Nichols responded to Selmer's constitutional lines concern stating it was her understanding there is discretion allowed as to whether or not to enforce laws, noting there are cities and states that have decriminalized marijuana and they have haven't had to get rid of those laws due to constitutionality issues. Nichols felt that resources used for patrolling those CPRB May 11, 2021 DRAFT types of crimes could be put toward programs that are evidence based but do not involve the police, adding research shows the problems associated with those type of crimes will decrease within the community. Townsend stated he agreed with some of Nichols recommendations but also had concerns to the legality of it. Townsend asked Chief Liston for his opinion and Chief Liston stated he also has similar concerns that Selmer mentioned and thinks that there would be some legal and possibly some liability issues. Liston noted there is legislation on the governor's desk that could prohibit policies like these from being enacted. The Back the Blue has a specific section that talks about policies that prohibit officers from enforcing laws that are on the book, and would have to be looked into by legal if this recommendation from the CPRB moves forward. Selmer reminded the Board that the CPRB can only make recommendations to change police general order policies not request legislative changes. Selmer liked the recommendation adding additional training on the history of bias based policing and the additional statement articulating the role of implicit bias in reasonable suspicion. However, he did not feel comfortable with the recommendation to change the policy section on police only acting on request for service or in imminent risk to public safety situations. Selmer felt there was room for more guidance in the policy and suggested the recommendation be specific on not wanting police officers making arrests for minor drug offenses. He thought this would be more effective than telling the police department that they are not allowed to act unless they're requested to or unless there is an imminent public safety. He also suggested putting emphasis on understanding implicit bias and employing other programs instead of the punitive system for minor crimes. Townsend understood and liked what Nichols was trying to implement in reducing implicit bias policing, and also agreed with Selmer about keeping the public protected. Selmer felt Nichols was on the right track but sees the recommendation as limiting the police officer with too broad of a stroke. Nichols stated she felt strongly about this policy recommendation and was willing to edit the language. Selmer noted that there is state legislation being presented that could affect what changes to policy could be enacted. After further discussion the Board agreed to have Nichols make amendments to the proposed recommendation as discussed and submit a revised draft to be reviewed by the Board at the next meeting. The following people appeared regarding support of the drafted recommendations to change ICPD General Order 01-01 (Bias -Based Policing); Tara McGovern Dutcher, Stephany Hoffelt, Mallory Hellman, Eleanor Taft, Andy Thomas. OLD BUSINESS Community Forum Selmer asked for a volunteer to draft the community forum summary letter. Townsend volunteered and will send draft to staff to include in next meeting packet. CPRB May 11, 2021 DRAFT Proposed Ordinance Change Selmer explained his draft proposed ordinance change request was to have the CPRB be allowed to review all incidents where a body -worn or in -car camera was not activated or was deactivated to ensure it was not done so intentionally and review any video that is subject to deletion. Selmer noted Legal Counsel Ford had advised that the draft should specifically tell the Council which parts of the ordinance should be changed. Selmer stated he would not have time to rewrite the draft as his term was ending. He suggested assigning a sub -committee or have Legal Counsel Ford rewrite the draft proposal. Motion by Selmer, seconded by Nichols to direct Legal Counsel Ford to draft a proposed ordinance change with detailed language explaining which parts of the ordinance are to be amended. Motion carried, 4/0 Discussion of CPRB Recommendations to the City Council Recommendations to be considered after information is received from the CPRB on items #8, 9 and 10. Item #8. The CPRB should have the authority to hire an independent auditor every 1 - 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. Selmer asked Board members if they had reviewed the CALEA report and if they were satisfied with the CALEA accreditation review process as being sufficient for an additional independent auditor. Townsend stated he felt it does a good job but has concerns about the CPRB not being able to request an independent audit if certain circumstances occur. The Board agreed to have Townsend draft a redefined request for an additional independent auditor on a as needed basis auditor to be reviewed by the Board 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. (I.e. outreach, streamed meetings on Facebook, website enhancements, bl-annual community forums, CPRB contact info printed on all 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. BUDGET ITEMS — Selmer stated there were items that need cost researched in order to provide City Council with an annual budget for funding to promote awareness of the CPRB and enhance accessibility to its services. CPRB contact information printed on police officer business cards - Townsend reported the cost as $3,314.15 which is a one-time cost to replace all officer business cards. Chief Liston added any additional reorders would be covered by the police department. CPRB May 11, 2021 DRAFT Streamed meetings, website enhancements - Selmer asked Nichols if she had a budget proposal for streaming meetings and website enhancements. Nichols stated she was confused as to what the City is now recording and if the recording is live or linked to the website. Fruehling explained that Boards/Commissions Zoom meeting recordings will now be available on City Channel 4 and YouTube. The link to the recording will also be added to the board/commission website so the public can find them more easily. Live streaming will be considered in the future. Bi-annual community forums and outreach awareness events — Selmer asked MacConnell to research the cost for holding forums and special outreach awareness events. MacConnell agreed and will report back to the Board. 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. Access to a lawyer for purposes of assisting complainants throughout the complaint process - Selmer asked for a volunteer to research providing the complainant access to a lawyer and cost of services. Selmer added this would be a service to help facilitate the complaint process, not to provide any legal advice. MacConnell suggested the school of social work and criminal justice might have volunteers and stated she would reach out to them. Selmer asked Townsend to reach out to the public defender's office and Nichols to check into the law school. Access to a social worker/medical professional with trauma awareness training for purposes of assisting complainants throughout the complaint process - Nichols reported she was still in the process of gathering information and cost of services for a social worker. ICPD General Order 89-05 (Radio Communications Procedure) Selmer recapped the recommendation was to add the word "text" and Nichols noted this was not a policy change, but rather an update, as text-to-911 services are now available. Motion by Selmer, seconded by Townsend to forward recommendation letter as presented to Police Chief Liston. Motion carried, 4/0. PUBLIC DISCUSSION None. BOARD INFORMATION Selmer noted he will be conducting a new member orientation with the two newly appointed members. STAFF INFORMATION None. CPRB May 11, 2021 DRAFT TENTATIVE MEETING SCHEDULE and FUTURE AGENDAS (subject to change) • July 13, 2021, 5:30 PM, Electronic Zoom Meeting • August 10, 2021, 5:30 PM, Electronic Zoom Meeting • September 14, 2021, 5:30 PM, Electronic Zoom Meeting MacConnell noted she will be gone in August, Selmer suggested the option of attending via Zoom or telephone. ADJOURNMENT Motion for adjournment by Selmer, seconded by Townsend. Motion carried. 4/0. Meeting adjourned at 7:13 P.M. I N k I k k x b ry N n k k k O X k O k k k N k k x k k N v .. N m m X x k x k N N k X k k X x k & x k 00 k k X X k N c X x k X e 0 Sz X x x k k N Q a. W k o k x x x x x c X k k k k X n q o ^+ C U +� W C o 2f v H ❑°1y O OPS-01.1 u W COMMUNICATIONS PROCEDURE Original Date of Issue General Order Number December 20, 1989 89-05 Effective Date of Reissue Section Code June 10, 2021 1 OPS-01 Reevaluation Date Amends June 2024 C.A.L.E.A. Reference 81.1, 81.2 1 (see "INDEX AS:") INDEX AS Clear Text 0 Communications Procedure Joint Communications Use of Radios ::4 o ¢� PURPOSE -tom The purpose of this order is to establish policy to address operational &ocecid'res with the Joint Emergency Communications Center (JECC). 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, text 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 officer assigned shall be considered active unless JECC is informed of Shang -in -; status. S• c F. The office of the Chief of Police shall ensure that JECC has an up&;' d roster including telephone contact information for all current departit personnel. yam, iv G. JECC shall maintain a current plan or data on the following: CO 1. Maps detailing the department's service area 2. A written procedure and telephone numbers for procuring emergency and 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. 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-01.3 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. 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 employeewhen a valid mission -related purpose exists. While cellular telephones cp—n be„_,.,,. used in lieu of radios and strict adherence of radio procecC.4�s ipot mandatory, employees must be professional with their communications_,: u Employees that are issued a department cellular telephor�&shalRdhe�Q_. to the City of Iowa City cellular telephone policy and procee ltmes-a III. Procedure: Recordings G, co A. All communications occurring on the two-way radio system and any telephone 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. OPS-01.4 Requests from the department for official recordings shall be made by a 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. o C. The Criminal Justice Information Services (CJIS) produces a comOoen%Lve security policy to establish a minimum set of security requirements3t-ac8uss to FBI CJIS division systems and information and to protect and safegDafd c&ninal justice information. The department shall adopt this security policy�A sh* adhere to the requirements therein. The CJIS security policy shall b&oVided to `-`3, all personnel in the appendix of the Operations Manual. Q 5: 10 - ;� w D. The department shall establish the following positions to comply with the CJIS 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 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 offif r shall be handled with the highest priority. = c D. Each officer shall be assigned a radio identification number to be, ub ze during T- all radio communications. o e" " =icy '"q 4 E. When on -duty, patrol officers shall primarily utilize the two-way raAFZJqystem tQ--- T,, inform communications personnel of their status. This allows cor&i6nicWons`"�, and other officers to remain cognizant of the officer's activity and ,811arrent-) status. Officers may also utilize a mobile data terminal or a cell phone to inform communications and other officers of their status. Officers outside of patrol may utilize the two-way radio system when appropriate to inform communications of their actions. All officers shall be required to notify 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 f�0 N. Officers shall monitor other agencies radio communications as designLTed by,,,,,,. their supervisor while performing routine patrol duties. c 0. In the event of a major crime or medical emergency a specific channel all be restricted to use for that incident. Anytime an officer is respondiirloo dangerous situation, radio use shall be restricted to emergency eol Aicati�;= only. Officers shall notify dispatch when the situation has been -resolve so the channel can be cleared for normal traffic. Consideration should be givenfor 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. OPS-01.7 Q. When an officer anticipates being out of radio contact, they must notify 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 sec�"red when not in use, computer terminals should be locked and when pos l; ofte doors remain closed and locked when not in use. >'—' •= c) .._. c> o C. Mobile computers and laptop computers should always be posit" sq thaU i any non -certified personnel will not have access to view informatron=An� fie screen. No computer terminal should be left open and unattended: at arwtime, ' locking the desktop should be utilized when leaving the workspaWe for '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 OPS-01.8 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 bwimaged with a standard and tested OS. Virus scan definitions and necessary Wdates Co the hardware will take place and the hardware will be returned to service. DES � c The only variation to the above process is the VMware view environmen( It utilizes a non -persistent desktop environment so every time that user logs out otAjimachine the operating system is destroyed and a new machine is created. This ren wj—t- the- concern Of a machine that has been compromised lingering for an extended peoc7 w ao If there is a chance that malicious code was used to access sensitive data, the LASO 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 radio 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. 0 G. Officers should perform their own status changes (arrive, busy, availab complete) on their mobile computer. They will continue to use the radikystem-to alert other officers and supervisors of their change in status. o C H. All officers should query their own driver license, registration anti-w Fran,s y unless circumstances require a verbal request.^ w I. When able, officers shall obtain all incident times and numbers by mobile computer. Officer shall be responsible for entering the call narrative and disposition unless unable to do so. 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. L. 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 persons/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. _ N 4. Hostage/barricaded subject. o� 5. Injured officers. x`>� 6. Fatal or potentially fatal accidents. 7. Accidents involving department vehicles or department emo4ees. 8. Incidents where a forced entry is necessary. " r-' _° 9. Vehicle and foot pursuits r,, 10. Shootings or stabbings. ca 11. Use of Force involving Taser, OC or injury to subject or officer. a 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 Iowa/NCIC system, officers are required to document the entry in the narrative section of the incident. C. When meeting departmental and Iowa/NCIC 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 OPS- 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 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. w., 0 � W 00 Redline Version Red highlights are deletions Green highlights are additions OPS-01.1 COMMUNICATIONS PROCEDURE Original Date of Issue General Order Number December 20, 1989 89-05 Effective Date of Reissue Section Code June 10, 2021 1 OPS-01 June 2024 C.A. L.E.A. 81.1,81.2 INDEX AS Clear Text Communications Procedure Joint Communications Use of Radios Reference (see "INDEX AS: � W 00 PURPOSE The purpose of this order is to establish policy to address operational procedures with the Joint Emergency Communications Center (JECC). 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` hangCtn status. © € F. The office of the Chief of Police shall ensure that JECC has an updat roster including telephone contact information for all current departrrrgnt- w-r personnel. v oD G. JECC shall maintain a current plan or data on the following: 1. Maps detailing the department's service area 2. A written procedure and telephone numbers for procuring emergency and 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. 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-01.3 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 e L§yetis when a valid mission -related purpose exists. While cellular telephones-ean be — used in lieu of radios and strict adherence of radio procedfiees`i note, .... mandatory, employees must be professional with their 6o6mubibations Employees that are issued a department cellular teleph6r3shCl adh'er.6 to the City of Iowa City cellular telephone policy and procedure m III. Procedure: Recordings A. All communications occurring on the two-way radio system and any telephone 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. OPS-01.4 Requests from the department for official recordings shall be made by a 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. Q N_ C. The Criminal Justice Information Services (CJIS) produces a com*pensive y"I security policy to establish a minimum set of security requirements�i6ccess ta--- FBI CJIS division systems and information and to protect and safegyafid caninaf— justice information. The department shall adopt this security policy-*d shall ( adhere to the requirements therein. The CJIS security policy shall B roAed f all personnel in the appendix of the Operations Manual. C?:� r� a'- z a D. The department shall establish the following positions to comply with the CeJiS security policy. The positions shall assume all roles and requirements as established in the CJIS security policy. 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. 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: 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. 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 in)mediate backup and are unable to communicate due to the situation. When an emergency alarm is activated, communications shall immediately follow their&jicy and procedures (JECC SOP 6.37). An emergency alarm activated byshall- be handled with the highest priority. CDt. =c D. Each officer shall be assigned a radio identification number to be girjjeAuring­' all radio communications. Z77, n? � ca E. When on -duty, patrol officers shall primarily utilize the two-way radio system to inform communications personnel of their status. This allows communications and other officers to remain cognizant of the officer's activity and current status. Officers may also utilize a mobile data terminal or a cell phone to inform communications and other officers of their status. Officers outside of patrol may utilize the two-way radio system when appropriate to inform communications of their actions. All officers shall be required to notify 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. 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 refr"i from -including themselves. If further assistance is needed, communications peg nebbr the supervisor will assign backup units. �. ={ o N. Officers shall monitor other agencies radio communications as designated by-o their supervisor while performing routine patrol duties. o ? r ? �Z O. In the event of a major crime or medical emergency a specific channel diiall be restricted to use for that incident. Anytime an officer is responding to a dangerous situation, radio use shall be restricted to emergency communication only. Officers shall notify dispatch when the situation has been resolved so the channel can be cleared for normal traffic. Consideration should be given for 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. OPS-01.7 Q. When an officer anticipates being out of radio contact, they must notify 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 bd secured when not in use, computer terminals should be locked and when possie office doors remain closed and locked when not in use. o C. Mobile computers and laptop computers should always be positie—h6d so that any non -certified personnel will not have access to view informatianon the screen. No computer terminal should be left open and unattendeat and time, locking the desktop should be utilized when leaving the workspace for any 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. WIS Security Incident Reporting and Handling A. Assessment of Threat OPS-01.8 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. ti o The only variation to the above process is the VMware view environment It ufQzes a^ non -persistent desktop environment so every time that user logs out of_a machine tier„ operating system is destroyed and a new machine is created. This rem s fie concern of a machine that has been compromised lingering for an extended period. o , If there is a chance that malicious code was used to access sensitivei46ta, ttwe LASO will contact the Iowa Department of Public Safety to notify them of the event. co IX. Procedure: Mobile Computers A. The mobile computer supplements the existing JECC two-way voice radio 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. 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, availably complete) on their mobile computer. They will continue to use thg adio s, ysterrrtp alert other officers and supervisors of their change in status. H. All officers should query their own driver license, registration and anR _ unless circumstances require a verbal request. ry I. When able, officers shall obtain all incident times and numbers by mobiles' computer. Officer shall be responsible for entering the call narrative andC0 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 persons/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. Hostage/barricaded subject. 0 5. Injured officers. o 6. Fatal or potentially fatal accidents. 7. Accidents involving department vehicles or department emRoyeesW- 8. Incidents where a forced entry is necessary. o 9. Vehicle and foot pursuits — *- 10. Shootings or stabbings. 11. Use of Force involving Taser, OC or injury to subject or officer. w XI. Procedure: Entering information into Iowa NCIC systems co 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 Iowa/NCIC system, officers are required to document the entry in the narrative section of the incident. C. When meeting departmental and Iowa/NCIC 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 OPS- 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 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. N c-' v � 4 -Ci O {� Ti C7J TO: Chief Dustin Liston FROM: Sgt. Andrew McKnight RE: May 2021 Use of Force Review DATE: June 28, 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 June 28, 2021. It was composed of Sgt. McKnight, Sgt. Fink, and Officer Hartman. pp For the review of submitted reports in May, the Review Committee documented the fohlatving:r • 33 individual officers were involved in 18 separate incidents requiring use of force. C7''' 61 •_ • There were no documented cases of an officer exercising his/her duty to intervene and fG" moVieviqf the incidents did not indicate that an officer failed their duty to intervene. • Out of the 18 uses of force, 14 involved force being used against people. The other foul w anilQls being } euthanized by an officer. a _� • Out of the 33 officers involved in the 14 uses of force against people, 2 superficial injuries were sustained to suspects and 2 superficial injuries were sustained by officers. • No violations of policy were noted during this review period. • Out of the 14 uses of force against people, arrests were made 10 times (71 • Mental health was identified by officers as being a factor in 10 of the uses of force used against persons (71 %). • Drugs and/or alcohol was identified by officers as being a factor in ten of the 14 uses of force against persons (71 %). • Out of the 14 times force was used on a person, ten were identified as White (71 %), four were identified as Black (28.5%). • Out of the 18 uses of force, the average number of officers involved in the force was .54. • In total during this time period, the ICPD had 5.312 calls for service with 18 calls for service resulting in force being used. It is noted that four of the 18 uses of force involved animals and not humans. The highest level of force in each incident is reflected below along with the year-to-date: Force Used May. 2021 Occurrences 2021 Year -to -Date Hands-on 9 32 Taser Display 1 2 Taser Discharge 2 4 OC Spray Deployment 1 2 Firearm(s) Display 0 11 Firearms Discharge 0 0 ASP Striking 0 0 Officer Striking/KickingStriking/Kicking 0 0 Animals Euthanized by Officer 4 20 Special Response Team Callouts 0 0 Vehicle Pursuits 0 0 Officer Injuries 2 3 Suspect Injuries 2 4 Reports to U.S. DOJ 0 0 Total Use of Force incidents to date equal 90. Total calls for service in the same period equal 29,985. This results in a year-to-date use of force being deployed in .30% of our total year-to-date calls for service. G > _. L CO ,Mvvi4 TvyV IOWA CITY POLICEDEPARTMENT Use JpWA CITY F� o Force Report *: P®LYCEMay 2021POLICE Watch Occurred and Officers Involved Date Incident Number Incident type Arres t Made Y/N Force Used Day Watch 5/1/ 2021003074 Mental N Two officers encountered a — Two 2021 Health subject who had a Officers commitment order. The subject was told about the order and attempted to run from officers. One officer took hold of the subject, propped him up against a nearby wall and pulled the subject's left hand behind his back. Another officer assisted with the completion of the handcuffing process by holding the subject's right arm in place behind his back. There were no injuries to the subject or officers. Evening 5/2/20 2021003099 Trespass Y Three officers responded to a Watch — 21 bar for a trespass issue. Three Officers encountered an Officers intoxicated subjeoutside the bar with-:)bloocry hands. The subject ceftise r-W identify himself. D4Fjng attempts to identify the subject' it was discovered 6hei�d been involved in a�1 guMent with another subject. Officers continued their attempts to identify him however he continued to be belligerent. Two officers took hold of his right arm in an attempt to place him into handcuffs. The subject continued to pull away March 2021 Use of Force Report and struggle and one officer lowered him to the ground in order to complete the handcuffing process safely. He was handcuffed and was placed in a seated position. As officers attempted to put him into a vehicle for transport, the subject continuously tensed up and pulled away from officers. The subject was told that he would be sprayed if he continued his assaultive behavior. The subject continued to fight with officers, pulling away and kicking out as he was placed into the back of a squad car. The subject was sprayed with OC and during the struggle, he received a small laceration on his head. The subject stated that he needed medical attention, that he had a heart condition. The subject was checked out at the hospital and was found to be fit to be transported to 'ail. Evening 5/5/20 2021003188 Injured N Injured deer shot and killed. Watch — 21 Animal One Officer Day Watch 5/6/20 2021003208 Harassment Y One officer responded for — One 21 reports of harassment. The Officer officer discovefed that the subjectalso hurl an active arrest W,arr�fflt. After confirmi't q-the Fentity of the subject MEi officer told,the subject,n6f,to move.' The subject attei.y' tedio leay.� the scene andan'ofcer took hold of the subject's, ft arm to prevent him from leaving. The subject then made a fist, cocked his arm back in re aration to strike. The March 2021 Use of Force Report officer wrapped their arms around the subject, directed him to the ground and completed the handcuffing process by pulling his arms behind his back. During the arrest the subject sustained superficial injuries in the form of abrasions to his face. The officer suffered abrasions to their hand. Late Night 5/7/20 2021003225 Trespass Y An officer responded to DC's Watch Five 21 bar for reports made by staff Officers of a male trespassing. When an officer attempted to make contact with him the individual ran from the officer. The officer caught up with the subject and asked him to stop walking three times before he stopped. The officer attempted to identify the subject, requesting the subject's name a total of six times before he gave his name. The subject was issued a trespass warning and told to leave the area. The subject instead elected to stay in the area, shouting and causing a disturbance. An officer placed the subject under arrest, and he failed to follow commands to put his hands behind his back, instead electing to place his hands in front of his chest, tense his body and refuse to put his hands behind his Co back. Four other officers were able to get his hands behind his back by pulling them from his chest and placing them behind his back. 0The subject then refused to enter the squad car and was March 2021 Use of Force Report eventually placed into the car with the aid of several officers who took hold of his legs and pushed the subject into the vehicle while other officers took hold of the subject's upper body pulling him into the vehicle. The subject was transported to jail without injury to the subject or officers. Late Nights 5/11/ 2021003335 Mental N An officer responded to One Officer 2021 Health reports of an individual screaming in the middle of the street. Upon arrival, the officer made contact and found that the subject was a ?° meth user who had suicidal LIJ ideations. The subject was s `r walking in the street then began hitting her head off the concrete. In order to prevent —,_ injury, one officer handcuffed r the subject, placing her hands r behind her back and completing the handcuffing process until paramedics could assess the situation. The subject calmed down and the officer removed the handcuffs. The subject was transported to UIHC by Ambulance. There were no injuries to the subject or officer. Day Watch 5/11/ 2021003343 Injured N Injured deer shot and killed. One Officer 2021 Animal Late Nights 5/16/ 2021003452 Fight Y Officers responded to a large Two 2021 fight at the Graduate Hotel. Officers Upon arrival, there was no fight, but they encountered a subject with an active arrest warrant. The subject ran from an officer, ignored multiple March 2021 Use of Force Report commands to stop running, before turning to engage the officer in a fight. The officer had a taser in his right hand, grabbing the subject's wrist. The subject attempted to punch the officer in the head. `p The officer deployed his conductive energy device, but '= it did not take effect. The subject ignored the officer's commands to get down on _., the ground and continued to ' adopt a fighting stance. The officer sprayed the subject with OC which seemed to have an effect, although the subject continued to verbally abuse the officer. The officer took hold of the subject's left wrist to place the subject into handcuffs, but he continued to fight the officer, pulling his hands away throwing punches at the officer. The officer pulled the subject close to him to take him to the ground. The subject took hold of the officer's hand, placed his fingers in his mouth and bit the officer. The officer struck the subject in the head with their right hand and the subject released his bite, lost his balance and fell to the ground. While on the ground the subject took the officers Taser and refused to give it back. The officer placed pressure on the subject's torso by placing their hips and pushing the subject's upper body towards the ground, jamming the taser between the subject's stomach and the round, March 2021 Use of Force Report making it difficult to deploy. Another officer was able to pry the Taser from his hands, push their shoulder into the subject's back, using leverage, taking hold of his hands to pull his hands out m from underneath him in order T to complete the handcuffing Coz `! process. The subject was �,- then placed in a seated w position and checked out by medical staff, taken to hospital and placed into soft _ restraints. During discharge, ,_. the subject was again placed into handcuffs. During the handcuffing process, the subject continued to refuse to comply during the handcuffing process, pulling away from officers and tensing his body. Officers took hold of his arms, placed them behind the subjects back, completed the handcuffing process and carried him to the patrol car. The subject was transported to jail. There were superficial injuries to the subject and superficial injuries to an officer. Evening 5/14/ 2021003452 OWI Y An officer was dispatched to Watch 2021 investigate reports of an Three intoxicated reckless driver. Officers An officer observed the offending vehicle and attempted to initiate a traffic stop. The vehicle stopped, and an officer approached on foot then the vehicle pulled away from the officer. Two officers followed the vehicle at low speed. Another vehicle pulled in front and was able to deploy stop sticks which were March 2021 Use of Force Report effective. The vehicle collided with two Johnson County Sheriffs Office vehicles and came to rest in a nearby ditch. The subject was — evaluated by paramedics and ca N' released. The subject was w transported to the ICPD for testing. During the testing, the subject attempted to drink hand sanitizer, and refused to give back a PBT device that N he took from a nearby desk. The subject pulled away from an officer as he attempted to recover the device. The subject tensed his body as an officer took hold of his hand and took the PBT device from the subject. The subject continued to attempt to drink hand sanitizer and attempted to stand during testing. An officer placed hands on his shoulders to keep him in a seated position. Once testing was complete the subject was transported to 'ail. Late Nights 5/18/ 2021003489 Mental N Officer responded to a report One Officer 2021 Health of a male threatening to stab individuals. Upon arrival, an officer encountered a subject who walked aggressively towards a patrol car with gritted teeth and balled up fists. Two officers attempted to de-escalate the individual who was exhibiting paranoid behavior, possibly due to drug induced psychosis or some other form of mental illness. While the paramedics were assisting the subject, the subject began to kick and scream. One officer took control of the subects' arms, March 2021 Use of Force Report = % pinning them to his chest so - - - that he couldn't grab the buckles on the cot. The officer also kneeled on the —= subject's legs to prevent the ' subject from kicking out. The subject was placed into soft restraints and transported to the ETC. No charges were filled. The officer pulled a muscle in the lower back. Evening 5/17/ 2021003488 Assist other Y Jail deputies requested Watch Two 2021 Agency emergent assistance at the Officers jail for an aggressive inmate. Upon arrival, two officers responded to a holding cell to assist with the restraining of an assaultive inmate. The subject was spitting and kicking out towards staff. The subject was placed into handcuffs by JCSO but continued to spit and fight with officers, kicking at them. Officers gave the subject commands to sit on the ground, but the commands were ignored. One Officer used his Taser to drive stun into the subject's left shoulder. The subject fell to the ground and relaxed for a few seconds before beginning to kick out at officers again. The subject eventually calmed down. Day watch 5/20/2 2021003530 Injured N Injured raccoon shot and One Officer 021 Animal killed. Late Nights 5/21/ 2021003561 Other Y Two officers assisted another Two 2021 Agency law enforcement agency as Officers Assist - they pursued a fleeing vehicle Stop Sticks into city limits. Both officers deployed their stop sticks from two separate locations. The vehicle struck the stop sticks and the tires were March 2021 Use of Force Report deflated. This concluded their involvement. Day watch 5/22/2 2021003590 Injured N Injured deer shot and killed. One Officer 021 Animal Day watch 5/21 2021003596 Juvenile N At the request of the school two officers 2021 Out of staff, officers were called to Control/ address an out of control Mental juvenile who had assaulted Illness teachers and family members. An officer explained the options to the juvenile and the juvenile continued to be belligerent and aggressive towards z teachers. The juvenile snatched a water bottle from his mother's hand and approached her in a menacing manner. The �, %... juvenile also let the air out of u his mothers' tires. An officer y took hold of his left arm and guided him towards the back of a patrol vehicle. The juvenile continued to flail and pull away from the officer. Another officer lifted the juvenile into the back seat of the patrol car. A decision was made to transport the juvenile to the hospital via ambulance for a mental health evaluation. There were no injuries to officers or the juvenile. Late Night 5/24/ 2021003642 OWI Y An officer responded to Watch One 2021 complaints of a reckless Officer driver. Upon locating the driver in a nearby parking lot and after time spent attempting to de-escalate the agitated subject, and after repeated attempts to tell the subject that he was under arrest, the subject attempted to ull away from officers. The March 2021 Use of Force Report subject was lowered to the ground by officers from another law enforcement agency who pulled the subject's hands out from underneath his body and placed him into handcuffs. There were no injuries to the officers or subject. Evening 5/27/2 2021003730 Interference Y After a foot chase, a fleeing watch two 021 with Official subject turned towards an officers Acts officer and ignored multiple co verbal commands to get on the ground. An officer took 6b - . out their Conductive Energy Device and placed the red dot < of the device on the subject's -� torso in an attempt to gain compliance. Another officer ' continued to issue verbal commands and pushed the subject to the ground when the subject failed to comply. One officer kneeled on the ground beside the subject and placed the subject into handcuffs while the other officer kneeled on the subject's shoulder and torso, keeping the subject in place, ensuring he could breathe while the handcuffing process was completed Evening 5/30/ 2021003796 Domestic Y Officers responded to a Watch Two 2021 Dispute possible domestic. Upon Officers arrival they discovered a subject laying on the floor in the hallway inside an apartment complex. The subject was intoxicated and refused to talk to officers despite multiple attempts. Officers ascertained that the subject didn't live in the complex, and that she had attempted to kick an March 2021 Use of Force Report apartment door. The subject continued to refuse to answer questions and refused to stand when told to do so. The subject was taken into custody and placed into handcuffs. Once outside, the subject slipped out of her ,. : :5 handcuffs and one officer took hold of her left wrist, placed their feet in such a way that the subject could be lowered on to a grassy area. The subject refused to put her hands behind her back and two officers took hold of the subjects' hands and arms, placed them behind her back and placed her into handcuffs. March 2021 Use of Force Report Memorandum TO: File FROM: Captain Denise Brotherton RE: Quarterly Summary Report IAIR/CPRB, 2nd Quarter 2021 DATE: July 1, 2021 Attached you will find the IAIR/CPRB 2021 2nd quarter summary report for the Iowa City Police Department Internal Affairs/Citizen's Police Review Board investigative file. There was one investigation initiated in the second quarter of 2021. It was initiated externally from a third -party complainant who could not provide a specific date, just an approximate year when the alleged incident occurred. cc: CPRB Sgt. Doug Hart n.i O J r- '" o v w m N O N F O N O N O S N Z O_ N C N d m a m m COMMUNITY POLICE REVIEW BOARD GENERAL RESPONSIBILITIES @0AVY Established in 1997, by ordinance #97-3792, the Iowa City Police Citizens Review Board formerly known as Citizens Police Review Board and now known as Community Police Review Board (hereafter referred as the CPRB), consists of five members appointed by the City Council. The CPRB has its own outside legal counsel. The Board was established to review investigations into claims of police misconduct, and to assist the Police Chief, the City Manager, and the City Council in evaluating the overall performance of the Police Department by reviewing the Police Department's investigations into complaints. The Board is also required to maintain a central registry of complaints and to provide an annual report setting forth the numbers, types, and disposition of complaints of police misconduct. The Board shall hold at least one community forum each year for the purpose of hearing citizens' views on the policies, practices and procedures of the Iowa City Police Department. To achieve these purposes, the Board complies with Chapter 8 of the Iowa City Code and the Board's By -Laws and Standard Operating Procedures and Guidelines. ACTIVITIES AND ACCOMPLISHMENTS FOR FISCAL YEAR 2020 Meetings The CPRB tentatively holds monthly meetings on the second Tuesday and special meetings as necessary. During FY21 the Board held seventeen meetings and two Community Forums. Due to Covid-19 restrictions the meetings and forums were held electronically via Zoom. ICPD Policies/Procedures/Practices Reviewed By CPRB The ICPD provided various General Orders for the Board's review and comment. A senior member of the Police Department routinely attended the open portion of the CPRB meetings and was available for any questions Board members had regarding these reports. Presentations In September of 2020 the Board held its twelfth Community Forum required by the City Charter. The forum was held electronically due to Covid-19 restrictions. Board members were introduced, and a summary given of the board's duties. Vice -Chair Townsend read the correspondence received into the record. The forum was then opened to the public for questions and comments. There were fourteen members of the public that spoke at the forum. Topics included the need for trained mental health professionals to accompany police on calls, reducing police department funds, CPRB public awareness, public services available to victims of gun violence, escalation of violence in United States the June tear gas incident and the City Council hiring an independent investigation. In May of 2021 the Board held its thirteenth Community Forum as required by the City Charter. The forum was held electronically due to Covid-19 restrictions. Chair Selmer read the correspondence received into the record, Board members were introduced, and a summary given of the board's duties. Selmer then introduced Police Chief Liston. Chief Liston gave some background information about himself personally and professionally. He also spoke about it being a privilege to be back in Iowa City and be able to serve in this Community. Selmer discussed proposed changes to the CPRB Ordinance that enhance its ability to provide effective civilian oversight to the Iowa City Police Department. Selmer summarized the 13 recommendations submitted for consideration to the City Council. CPRB Annual Report FY 2021 — DRAFT — 1 The forum was then opened to the public for questions and comments. There were seven members of the public that spoke at the forum. Topics included gun free spaces, tracking demographics on use of force report, restructuring of the police department, OIR report, police and mental health issues, Guidelink Center, CPRB public awareness, Relationship between Iowa City police and Iowa State Patrol, CPRB recommendations to City Council. Board members spoke briefly about the complaint process and available informational pamphlets. Board Members In October 2020 officers were nominated with David Selmer as Chair and Orville Townsend as Vice - Chair. Amanda Nichols was appointed in July 2020 for a four-year term. COMPLAINTS Number and Type of Allegations Eight complaints (20-03, 20-04, 20-05, 20-06, 20-07, 20-08, 20-09, 20-10) were filed during the fiscal year July 1, 2020 — June 30, 2021. Three public reports were completed during this fiscal period (20- 01, 20-03, 20-04). Two complaints were summarily dismissed (20-09, 20-10). One complaint filed in FY20 (20-02) and four complaints filed in FY21 are pending before the Board (20-05, 20-06, 20-07, 20-08). ALLEGATIONS Complaint #20.01 Allegation 1 — Discourtesy. Chief's Report Findings: Allegation 1— NOT SUSTAINED Board's Findings: Allegation 1— NOT SUSTAINED The board affirmed the opinion set forth in the report of the police chief and/or city manager. Allegation 2 — Violation of Civil Rights. Chief's Report Findings: Allegation 2 — NOT SUSTAINED Board's Findings: Allegation 2 — NOT SUSTAINED The board affirmed the opinion set forth in the report of the police chief and/or city manager. Complaint #20-03 Allegation 1 — Discourtesy. Chief's Report Findings: Allegation 1 — SUSTAINED Board's Findings: Allegation 1 - SUSTAINED The board affirmed the opinion set forth in the report of the police chief and/or city manager. Allegation 2 — Refusal to report or document a traffic violation. CPRB Annual Report FY 2021 — DRAFT — 2 Chief's Report Findings: Allegation 2 — NOT SUSTAINED Board's Findings: Allegation 2 — NOT SUSTAINED The board affirmed the opinion set forth in the report of the police chief and/or city manager. Complaint #20-04 Allegation 1 — Discourtesy. Chief's Report Findings: Allegation 1 — NOT SUSTAINED Board's Findings: Allegation 1 — NOT SUSTAINED The board affirmed the opinion set forth in the report of the police chief and/or city manager. Allegation 2 — Excessive use of force. Chief's Report Findings: Allegation 2 — NOT SUSTAINED Board's Findings: Allegation 2 — NOT SUSTAINED The board affirmed the opinion set forth in the report of the police chief and/or city manager. Complaint #20-09 Summarily dismissed did not involve an Iowa City sworn police officer. Complaint #20-10 Summarily dismissed did not involve an Iowa City sworn police officer. Level of Review The Board decided, by simple majority vote, the level of review to give each report, selecting one or more of the six levels specified in the City Code per complaint: Level a On the record with no additional investigation Level b Interview or meet with complainant Level c Interview or meet with named officer Level d Request additional investigation by Chief or City Manager, or request police assistance in the Board's own investigation Level a Board performs its own additional investigation Level f Hire independent investigators Complaint Resolutions The Police Department investigates complaints to the CPRB of misconduct by police officers. The Police Chief summarizes the results of these investigations and indicates in a report (the Chief's Report) to the CPRB whether allegations are sustained or not sustained. (If complaints are made against the Chief, the City Manager conducts the investigation and prepares and submits the reports.) The Board reviews both the citizens' complaint and the Chief's Report and decides whether its conclusions about the allegations should be sustained or not sustained. The Board prepares a report which is submitted to the City Council. Of the six allegations listed in the three complaints for which the Board reported, one was sustained. The Board made comments and/or recommendations for improvement in police policy, procedures, or conduct in one of the reports: CPRB Annual Report FY 2021 — DRAFT — 3 Complaint #20-01 — The Officer failed to provide full audio and video of the interaction due to having deactivated his body camera. Only partial audio and video were provided after the body camera was manually activated. The Officers actions were consistent with the current departmental policy and procedure for Body Worn Cameras and In -car Records. During the course of this investigation and reporting the Police department has amended its policy regarding body worn cameras. Deactivating body worn cameras such as the officer did here now results in discipline for the officer including suspension and/or termination. The board fully agrees with this policy change Name -Clearing Hearings The ordinance requires that the Board not issue a report critical of the conduct of a sworn officer until after a name -clearing hearing has been held. During this fiscal period, the Board scheduled no name - clearing hearing. Complaint Histories of Officers City ordinance requires that the annual report of the CPRB must not include the names of complainants or officers involved in unsustained complaints and must be in a form that protects the confidentiality of information about all parties. In the three complaints covered by the FY21 annual report a total of nine officers were involved with allegations against them. COMPLAINT DEMOGRAPHICS The following is demographic information from the three complaints that were completed in this fiscal year. Because complainants provide this voluntarily, the demographic information may be incomplete. Age: (2) 18-25 26-35 36-45 46-55 56-64 (1) 65+ Disability: Physical (1) Mental None Annual Household Income: 100K (1) 75-99K 50-75K 25-49K (1) Under25K Gender: Female (2) Male Other Sexual Orientation: (2) LGBTQ Heterosexual (1) Other Ethnic Origin: Black/African-American Hispanic American Indian/Alaska Native Asian/Pacific Islander (2) White/Caucasian Other Were you born in the United States: (1) Yes (1) No Religion: Muslim (1) None Other Marital Status: Married (1)Single Divorced Separated Widowed Other * Information is reported as presented by the person completing the form. CPRB Annual Report FY 2021 — DRAFT — 4 BOARD MEMBERS David Selmer, Chair Orville Townsend, Vice -Chair Latisha McDaniel Jerri MacConnell Amanda Nichols CPRB Annual Report FY 2021 — DRAFT — 5 IN] l0kU»i July 13, 2021 Iowa City -City Council City of Iowa City 410 Washington Street Iowa City, Iowa 52240 RE: Community Police Review Board Annual Community Forum The Iowa City Community Police Review Board (CPRB) held the annual Community Forum on Monday, May 17, 2021 at 5:30 p.m. Due to the Covid Virus the program was held virtually via zoom Board member participating in the forum were Chair -David Selmer, Vice Chair -Orville Townsend, Jerri McConnell, Amanda Nichols. Staff participating were Chris Olney and Kellie Fruehling. Patrick Ford, Legal Counsel also participated. The chair opened the forum and gave a short summary of the CPRB's functions and responsibilities when attempting to hear and address citizens' complaints when they feel they have been treated unfairly. It was also mentioned that the CPRB reviews policies and practices of the ordinances related to the Police Departments responsibilities. The CPRB also makes recommendations to the Chief and City Council when review findings indicate it appropriate. There was discussion of the 13 recommendations the CPRB submitted to the City Council for possible changes. 1. That in instances of a sustained misconduct complaint, the CPRB be given information about the corresponding discipline, and that the CPRB be allowed to include in its report its findings on whether the discipline is reasonable and fair. 2. The CBRP shall have the authority to request the city council have a disciplinary hearing. 3. That an accused officer be required to comply with a CPRB investigation or be disciplined by the chief of police/city manager. 4. A complainant shall have the right to respond to the chief's findings in the chief's report before the CPRB shall conduct its investigation. 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. 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. 6. All complaints of misconduct shall be included in the police department's monthly disclosures to the CPRB. 7. CPRB shall be provided with additional information in the police department quarterly reports to review for certain trends 8. CPRB should have the authority to hire an independent auditor to review the police department's internal investigation procedures. 9. CPRB shall be provided city funding to promote awareness of the CPRB and enhance accessibility to its services. DRAFT 10. Complainants shall have access to a lawyer and social worker/medical professional with trauma awareness training for purposes of assisting complainants throughout the complaint process. 11. Expand the membership of the CPRB from five to seven or nine members, with an emphasis on minority representation and representation from a current or former member of the police or police policy expert. 12. CPRB complaints should be permitted whether filed anonymously or through third persons so long as there is sufficient knowledge of the underlying circumstances. 13. The statute of limitation for filing a CPRB complaint shall be lengthened from 90 days after the date of the alleged misconduct, to 180 days after the alleged misconduct. When preparing to accept questions from the public the Chair mentioned that the Forum/Program was being recorded and would be replayed on Channel 4. The Chair opened the Forum to the public and the following individuals participated: Temple Hiatt, Deion Broxton, Joe Coulter, Susan Bryant, Dan Kauble, Tammy Nyden, and Travis Breese. The following areas were mentioned: • Gun free spaces -the question was "how do we notify the public that these spaces are no longer gun free?" In response to this question Chief Liston stated that it is the property owner's responsibility to inform the public of gun free status. • Tracking demographics on use of force —the question was "Does information/data include race? Are these incidents reported to the FBI?" The response to this question is that this information is tracked. • The 13 Recommendations — Question about the 13 recommendations the CPRB made to the City Council. (discussed earlier in the meeting) • Priorities of the 13 recommendations — the question was which of the 13 recommendations submitted to the City Council are the top priority. Board members stated that they are all priorities. • Restructuring of the Police Department —The question was "How involved is the CPRB in the restructuring of the Police Department." The response was that the Board is limited to what the ordinance allows. • The question was about Laura Bergus' comment on abolishing the Police Department. • The question was about qualified immunity, but no discussion on this topic. • ORI Review - Recommendations made by the ORI Review related to the demonstration on June 6, 2020. • City Managers plan for enhancing the police. • Does the review only focus on policing and procedure or do they address Officers behavior? • Status Chart for CPRB Recommendations - Recommendations that a status chart be posted on the website indicating the progress on the CPRB recommendations to the City Council. The 13 proposals along with information on policies being reviewed. • Relationship of Iowa City Police and Iowa State Patrol - Relationship between the Iowa City Police and the State Patrol. An individual expressed concern that the Iowa City Police may be put in a situation where they support a groups orders that may be unfair to citizens. • Questionable Conduct Tools -Tools to identify officers who exhibit questionable conduct. DRAFT P National CPRB Associations -Are there any National Associations or systems for CPRB—The response is that Iowa has the oldest CPRB. • Police and Mental Health Situations/Issues - Police dealing with individuals with mental health situations/issues. -Efforts have been initiated to collect information on contacts related to mental health issues. • Interest/Involvement with CPRB - How important is it to keep public interested/involved with the CPRB? • Guidelink Center - Discuss the Guidelink Center as a welcome resource. Police Chief shared that the Guidelink Center is an alternate to putting some people in jail. He fells it is a great option to jail and can help people get the services they need. The Chair reminded viewers that the forum was recorded and could be seen on Channel 4. The Forum was adjourned at 7:00 p.m. Page 1 Community Police Review Board Community Forum Monday, May 17, 2021— 5:30 PM Electronic Zoom Meeting Platform Call to Order: Selmer: All right, I'll call the CPRB community forum meeting to order. I'll start with a roll call and then I'll ask the Board Members after that to introduce themselves a little bit. (takes roll call) Introduction of Board Members: Selmer: Do the introduction of the board members, I'll start with myself. Um, I am David Selmer, I'm the Chair. I've been here in Iowa City since about 2014. I've been serving... this is ... my end of my term will be coming up on June 301h. I've been sitting here four years here on the board, um, and my family and I are located here in Iowa City. We take place, um, and take part in a lot of the community activities. Help out at the food shelter once in a while, and uh, are really proud of the community we're in, not from being around here originally. We, um, were both transplanted here and just really feel fortunate to end up in such a cultured city, and one that has as much to offer as it does, and we're proud to, uh, to take part in the ways that we have, um, with this board. So I'll pass it over to Jerri next, if you want to talk about yourself. MacConnell: Hi, I moved to Iowa City from Spencer, Iowa, in 2012. I'm originally from Cleveland, Ohio, and that's where I had my professional experience. I was a psychiatric social worker. Um, I also ... I'm married, I just got married in September, and we live at Ecumenical Towers. I really love being downtown. Um, it's ... since quarantine it was real quiet last year, but I'm anxious for the festivities to start again cause all I have to do is walk half a block! Selmer: And, Jerri, how long have you been serving on the board (mumbled) MacConnell: I just started in June, I think June of 2020. Selmer: Um, one of our longer volunteer serving members, um, somebody that's both been chair and vice chair and chair again. Um, we're glad he's part of this board. Orville, if you could introduce yourself please? Townsend: My name is Orville Townsend, and I came to our city in 1962 on a football scholarship and after graduating from the University, uh, I worked with vocational rehabilitation services for 40... working with citizens with disabilities for 42 years, and the last 20 of those years I supervised the Iowa City area office located here in our city, and basically I've been very active. I've been on the School Board. I've been on the Judicial Committee, and I'm currently on my second term, uh, here on the Police Review Board, and I love Iowa City, it's my home and I'm very protective of it. This represents only a reasonably accurate transcription of the Iowa City CPRB community forum of May 17, 2021. Page 2 Selmer: And, Amanda, if you could please introduce yourself, and let us know about your term on the board. Nichols: Um, I've been on the board for just under a year. I've lived in Iowa City for 21 years. I've worked at the University Hospital for almost 15 years now. I actually have two terms starting there in September, and I'm the Director of Corridor Community Action Network. Selmer: Great. We also have other Members, um, part of the CPRB. Um, our legal counsel Pat Ford. Pat, do you want to say something real quick? Ford: Sure, thanks, David. Yeah, Pat Ford's my name. I am partner at the Left Law Firm here in Iowa City. I'm one of those guys that's not very unusual in the fact that I came to go to school at Iowa and never left Iowa City. I think there are a lot of us around. So I am independent counsel for the board, I'm not an employee of the City. Selmer: Great. For those of you that aren't familiar with the CPRB, I'll now give a small summary of what it is that the board is responsible for. We are a five -member panel currently. One of our members will hopefully be joining us shortly. We are volunteers. We get appointed, but there's no pay or anything related to our ...our carrying out of our duties. We were established basically to provide a complaint process into claims of Iowa City police misconduct. It allows an avenue for civilians to make a complaint to someone other than the police department or also have their complaints to the police department be reviewed by a panel of their member civilians, making sure basically that the Iowa City police having looked into it and deemed whether or not there was misconduct that occurred into a particular case, um, is what they did was fair, thorough, and an accurate investigation of that. The Chief of police and the ... and/or the City Manager be the ones that would be the ones who would snake a final determination, um, as to whether or not misconduct took place and how to carry that, uh, carry that out. We would review that, um, after they filed report with us and decide whether or not, again, that we thought that was fair, thorough, and accurate. A complaint to the board is basically just an allegation of misconduct against a police officer, um, and as far as the ultimate disposition and discipline presently, that lies exclusively with the Chief of police and the City Manager. Ours is more just as to opine whether or not the investigation was thorough and whether or not the misconduct occurred and took place. Besides that, we review police policies, procedures, and practices. There is an independent auditor that helps, um, look into the policies and the compliance already in place for the City of Iowa City Police Department and as a consequence, they are reviewing a lot of the policies and we are on that same schedule. We reviewed them for the changes. Um, our power is basically just to recommend modifications to them. We make certain recommendations to the Chief or to the City Council, and we hope that some of those get enacted. It's usually a back and forth dialogue exchange with the Chief of police to try to align our interests and explain why we want certain changes of policies. We are not a court of law. We are not supposed to be a substitute for any form of legal action against the police department of the City. People can still file civil claims in court against those officers, um, and we're only limited to civil administrative review powers. We have no power or...or authority over any criminal matters, or like I said before, any kind of police discipline. We are merely just This represents only a reasonably accurate transcription of the Iowa City CPRB community forum of May 17, 2021. Page 3 supposed to be reviewing and kind of sounding the alarm, um, shining a bright light, uh, in areas that we think need attention, and we do that by filing, presently, just filing a public report. Um, all of our reports you can review online, and every year we publish a number of sustained complaints or non- sustained complaints, um, so you can track that. Um, other things that we do presently that we've been expanding some of our, uh, our oversight would include going into certain types of excessive force matters and looking into whether or not those were, um, the things that we wanted to examine more closely, or if there's any policies or trends that we can, um, we can glean from the information that is shared with us on a regular basis. Then we, uh, we can open up some of those complaints ourselves. When we do have a chance to review a complaint, we can set several levels for review. Uh, those include using just what the police departments provided to us, um, with no additional investigation, interviewing complainants, interviewing witnesses, all the way up to hiring our own independent investigator, we ... if we determine that that's necessary. Those are our levels of review and again it comes down to sustained are not sustained as far as what the Chief has done. If we agree with the Chief, then that's basically what our report consists of and it stays there. Recently we have amended our ordinance so that if we disagree with the Chief of police or the City Manager, we have a chance to meet with them and see if we can't get them to, um, if we can align our... our decisions and try and talk through why we have a, uh, discrepancy in how we viewed this action. Um, and, uh, and then again, we would include that in our report. So that's a little bit of a thorough, uh, explanation of who we are and what we do. I'm one of the members that serves a four-year term, as I said before, and if you want to file (mumbled) more ... more of what we are or who we are, I'd encourage you go to icgov.org or just type in Community Police Review Board of Iowa City and you should have access therein to our web page that has a lot of our updates on public meetings, agendas, contact information, as well as you know, more information about the board members and some of our duties, again, as well as our bylaws, which is where our powers come from, our standard operating procedures, and any of our forum summaries, or public complaint reports, as well as annual reports are all provided to you (dog barking, mumbled) Sorry about that (laughs) Zoom is a funny time when you got dogs. So, um, I want to remind the audience that this is a public forum, which is a public record and it's being recorded for rebroadcast on City Channel 4. Now I'd like to, uh, read in some of the correspondences. So we have received a couple of correspondences related to this forum that I'd like to ... (mumbled) one second here. Okay, so our first correspondence I'm going to be reading is from Brad Guyer. I sent this April 1It", um, to the Community Police Review Board. He says almost every day there are more stories about officer involved shootings and thankful nothing tragic happened in Iowa City yet. Reading the requirements listed in a recent Iowa City police officer job posting, there is no mention of general protect and serve model of policedom or otherwise requiring basic conflict resolution or de-escalation techniques for the job. He asks, why not add protect and serve the community or add a preference to candidates having conflict resolution or de-escalation training. It would publicly show that the next generation of officers are expected to maintain the high standards of the current force and potentially prevent a tragic situation from occurring. The response that we have is from our Chief Liston. Uh, he wrote back, I appreciate the comment and agree that de-escalation skills are essential. We provide initial and annual training in de-escalation techniques to all of our staff. It is a critical component of the 40-hour crisis intervention training that all ICPD officers attend. Any formal training in de-escalation would This represents only a reasonably accurate transcription of the Iowa City CPRB community forum of May 17, 2021. Page 4 undoubtedly be viewed as a plus for our potential hires, respectfully. Our second correspondence we have is from Temple Hiatt, sent May 10, 2021. She writes, due to the State (mumbled) local control, Iowa's county and city governments can no longer designate county and city properties, excluding schools, as gun -free spaces, unless there is an armed guard present and a metal detector screening process. How do we notify the public that these spaces, library, recreation centers, government offices, are no longer gun -free spaces, and how do we protect city, county employees? Thank you, Temple IIiatt. Can I have a motion to accept the correspondence? Consider Motion to Accept Correspondence and/or Documents: Townsend: So moved. Selmer: Moved by Townsend. Can I get a second? MacConnell: Second. Selmer: Seconded by MacConnell. All those in favor say aye. All those opposed say nay. The ayes have it. Before we go on to Item number four, meet the police Chief, um, did we want to ... does anybody want to address... Chief you otherwise (mumbled) uh, that final correspondence? Liston: Sure, David, thanks for the opportunity. Unfortunately I received that email, um, before I got a chance to respond it had already been posted. So I believe I've talked to Temple about this before. I know she has some strong concerns about that. Unfortunately we don't have any control over those laws, whether they're gun -free zones or not. We just ... our job is to enforce the current laws that are on the book, and we'll do everything we can. As far as how do we notify, uh, people that those facilities are no longer weapons -free or gun -free zones, we don't. I think that would be on the ... whoever's managing that facility to do that, but, um, I had this conversation I think at the last CPRB (garbled) about the, um, we certainly have to address the gun culture in Iowa. Um, the laws ... you no longer need a license to carry anymore, so that's something that's certainly, uh, something we are concerned with, and we just have to make sure we're enforcing current laws (garbled) to the best of our ability to protect the people. Selmer: Thanks. Anybody else want to comment on that correspondence? Okay. Then without further ado I'm going to introduce Chief Liston. If you would kindly go and tell us more about your background and how it is that we came lucky enough to have you as our Chief here in Iowa City. That'd be great! Meet the New Police Chief Liston: Liston: Thanks again, David. Unfortunately, some of you guys have probably heard this. In fact I think Orville could probably give my introduction better than I can. I think he's heard it so many times, but, um, I was born and raised in Iowa. I grew up in Eldora, and I moved to Iowa City in 93 to go the University of Iowa and I was at the University from 93 to 97. In 97 I did an This represents only a reasonably accurate transcription of the Iowa City CPRB community forum of May 17, 2021. Page 5 internship with the Iowa City Police Department, and that was my first formal experience with law enforcement, and I was very impressed with the department at that time and it really made an impression. Uh, my brother, from Iowa as well, had gotten a job in El Paso, Texas, which is in far west Texas on the Mexican border, in... for the El Paso Police Department. He invited me to go down and live with him, rent free I might add, and try to get on the department, so that's what I did, and I started the El Paso Police Academy in the fall of 97, and I spent my entire career there until 2020 when I retired as a lieutenant. At the time I was the Director of a Fusion Center that was run by the El Paso Police Department. What a Fusion Center is is a multi - agency intelligence operation. There are 80 fusion centers in the country right now. There's one in Iowa, it's in Des Moines. Texas has eight. Um, so that's what I ... that's where I was when I left. When I was in Iowa City, I fell in love with the city and the community and always was looking for the opportunity to get back. So I ... I am a big Hawkeye fan, so I obviously followed Iowa sports and followed local politics. When I noticed that Chief Matherly was retiring, I thought it was a good opportunity. I was a point in my career in El Paso where I could look for other opportunities, so I put my name in the hat and about eight months later my wife, uh, a native El Pasoan and my two children moved to Iowa in the dead of winter, and so that was a shock to the system, but we're all very happy to be here. It's ... it's really important to me to be in a community that I was familiar with, that I really care about, and it's... it's... it's a real privilege to be back and to serve in this community. Open Discussion Regarding the Proposed Changes to the CPRB and the Restructuring of the Police Department Toward More Community Policing: Selmer: Great, well welcome back again and we're glad to have you here. We will now turn to Item number five on the agenda, which is an open discussion regarding the proposed changes to the CPRB and the restructuring the police department towards more community policing. To give some background, the City Council had requested a report and recommendations from the CPRB regarding changes to the CPR ordinance, that might enhance our ability to provide effective civilian oversight to the Iowa City Police Department. So in response to that, the board members, the five of us, worked very hard to navigate a lot of the challenges that large changes into ordinances would entail, as one can imagine, and to discuss amongst ourselves various solutions to come to accord wherever we could, um, and we ultimately resolved to having 13 recommendations we made to the board. I will go through them very quickly, um, in summary form as to familiarize people with what they are and kind of give an update on the status of where those are. The first one we repurposed was that in instances of a sustained misconduct complaint, meaning that there was a complaint that the CPRB and the police decided there was misconduct that took place. The CPRB should also be given information about the corresponding discipline, and that we also be allowed to include in our report findings on whether discipline is reasonable and fair. As it stands right now, as I said in the introduction, we are only opining as to whether or not discipline took place, or I'm sorry, whether or not misconduct took place, and whether or not we agreed or disagreed, sustained or didn't sustain, um, with the findings of the Chief of police, or the City Manager. Now we are asking for that authority to be expanded so that we can also opine on the discipline and we'd be provided some of that information. On Mar ...(garbled) on March 23'a, in response to our proposal, the City This represents only a reasonably accurate transcription of the Iowa City CPRB community forum of May 17, 2021. Page 6 Council requested that they have time to conduct a legal analysis. On April 16th we requested a time estimate from the City to see where we were in regards to that change. On April 22nd the City Attorney said their analysis was on hold until the State legislature acts on amendments to Iowa Code, Chapter 80-F, which they, um, our pot.... our... our, um, posturing that would answer the legislative authority, um, without necessarily having an ordinance change for us and address those directly. Then we go on to Item number two that we requested, related to number one but broken out. We requested that we shall have the authority to request City Council have a disciplinary hearing. Our thought on this was that if we are reviewing the discipline, um, assuming misconduct was found and we disagreed with what that discipline was going to be, um, we wanted to do something besides be the administrators of that discipline, and instead maybe ask the City Council themselves to have a full -on hearing, uh, so that they might be the ones that could determine whether or not the discipline that the Chief or the City Manager was ... was warranted and was fair and reasonable. Similar timelines on this, um, we ... they requested legal review and presently when we asked them for the update on that on April 22"d they said it's on hold, waiting on Iowa Code (mumbled) which would, um, reportedly address this directly. Proposal number three, we asked that an accused officer be required to comply with CPR investigation or be disciplined by the Chief of police and the City Manager. As it stands right now, we can ask the individual officers as part of our level of review to ... to partake in the interview as to the incident, and they can decline to partake in it, urn, similarly with a name clearing hearing, which is ... if we are going to find, tun, discipline, if we're going to find that the officer, um, committed misconduct rather, um, if we're gonna find that that took place, then we have to give the officer a name clearing hearing. I think in most instances the board would like to speak with the officer and personally they can decline to attend that name clearing hearing, as well, and to give any reports. We're asking that basically that it'd be written into their duties if they have to comply with the CR... CPRB request. We are in a similar state, uh, for status on that one, as we work the others. Our fourth request was that a complainant shall have the right to respond to the Chief's findings and the Chief's report, before the CPRB shall conduct its investigation. So, in other words, um, you'll recall that I said that the complainant could file a complaint and then the police Chief in this ... or the City Manager, would file a report, tun, its findings of fact for us to review. Um, and we wait for that report to be filed before we undergo our own investigation. And the proposal we're proposing right now is that that... those findings would also be given back to the complainant themselves, so that they might be able to clarify or review it and ... and, um, let us know if there's anything else that got overlooked in the ... in what the Chief did, uh, or what the Chief categorized it as (mumbled) On April 14th, the City Attorney drafted that for approval, um, and those will be presented, uh, were presented to City Council on May 4th and that part of it was approved. Part of that is that the online database officer complaints shall be improved to offer quick (mumbled) complaint history, and a computerized risk management system to analyze trends, and, um, that again is basically just to allow us to have ... have quicker access to make sure there aren't officers that are repeat offenders, um, so that we can also look into trends and see if there is a pattern of certain demographics, uh, that are being, um, more subjective to misconduct and those type of things, and having an online database of that, um, that is quickly searchable, not just by us but maybe on our website for everyone, uh, would ... we think would help with the ... with those type of analysis is taking place and putting the right procedures in place to ... to curb them where needed. This represents only a reasonably accurate transcription of the Iowa City CPRB community forum of May 17, 2021. Page 7 The sixth one is that all complaints of misconduct shall be included in the police department's monthly disclosures to the CPRB. So we talked at the beginning that we have certain complaints that we get to review, and those are the ones that come in straight to the CPRB. We are now asking that we be given all of the complaints, both the ones that were brought right to the CPRB and also those that were filed just with the police department. The Chief, upon hearing this request, agreed to it, and so we are already moving forward with that one since April. The seventh one that we asked for was that the CPRB should be provided with additional information in the police department quarterly reports to review for certain trends. Again, what... some of the things we were looking for on this had to do with the number of arrests, um, and the type of arrests, the type of stops, um, dealing mostly with demographics, um, following racial trends and those types of concerns that we have. Uh, this one, like the other one, was discussed with the Chief and the Chief agreed to it, and so we are already implementing that since April. The eighth one is that the CPRB should have the authority to hire an independent auditor to review the police department's internal investigation procedures. We assign this to (mumbled) task to a subcommittee. What we were looking for was basically for us to have someone come in and, um, analyze all of the policies and whether or not the policies were written fairly and accurately and ... or compliance with them was being conducted fairly and accurately. Um, upon closer inspections, we have learned the CPRB (mumbled) auditing system within the ... the, uh, or an independent auditor that exists already, um, is already effective, and we are very satisfied with the independence of that auditor, and we are withdrawing that request for additional authority. The ninth one is that the CPRB shall be provided City funding to promote awareness of the CPRB and enhance accessibility to it services. Um, we're looking for various things here, including just more advertising; letting more people in the community know who we are, what we're doing, um, and to try to explain some of...some of our roles within the community. Also looking to relatedly, um, item number 10, access to a lawyer and social worker, um, somewhat medical professional, uh, trauma awareness training to kind of assist with... assist complainants throughout the complaint process, whether it be filling out appropriate forms or just to handle some of the stress and trauma that equates itself with going through something, a perceived complaint, whether it be something that might be sustained or not. So that was something that we wanted to bring through. We have asked that one and City Council requested legal review on that. We are on hold for all those, until Iowa Code, Chapter 80-F. The City also asked us for a proposed budget on that. Um, they're trying to work with us on it, and we have developed into subcommittees to try to solicit to various organizations within the community, to see if they would take up this task, and also what their financing would look like for such services that they might provide. We've got three more to get through, so I'm sorry if this is a little bit boring. Um, the 11 th one is the expand the membership of the of CPRB from five to seven or nine members. Um, what we wanted to do there is put an emphasis on minority representation, and also a representation from a current or former member of the police or a police policy expert. I think it, um, it can't be understated that we are volunteers that have some training that we take on through here voluntarily, at times, but a lot of times we are not professional. Um, obviously we're not trained with all of the police procedures or personnel, um, being a police policy expert, or a current or former member of the police on here to help assist us with that, besides just the Chief, who has always, um, allowed us to ask him various questions and (garbled) on what the policy is and This represents only a reasonably accurate transcription of the Iowa City CPRB community forum of May 17, 2021. Page why it's in that place, and try and give us a police perspective from it. It's... would be essential, and obviously the minority representation, um, in like a (garbled) much of that involvement as we can for minorities, so we can get their perspective, make sure that their interests are being fairly represented in our community review here. That one is being passed by the City Attorney. I would say on that one that... especially in recent times, there... it's been very laborious for ...for our members, and we spend hours and hours, um, on a lot of these issues that have come up, including what we're going over right now. We are restricted a little bit on our five members to only meeting as a quorum, um, or not meeting as a quorum, which means that we only get subcommittees of two people, and then we have to re -report, so having seven or nine members is actually, um, really fruitful in the sense that we could have larger subcommittees, and a lot more meetings without having the quorum requirements in place. Last two, the 12th one is that CPRB complainant should be permitted (garbled) filed anonymously or through third persons, so long as there is sufficient knowledge of the underlying circumstances. What we're looking for there is basically the fear of retaliation, I think can be present, um, and we don't want people to feel as if by coming forward that they're going to feel some of that retaliation, or maybe it's too personal for them, um, so they don't want their names, um, on there, we do (mumbled) as best we can to protect both the identities of the officers and the individuals alike, but, um, we feel that, you know, so in some cases, filing something anonymously is ... is, uh, there's good justification for that, and we should permit it, with the exception of they have to prove that there is sufficient knowledge, personal knowledge of the underlying circumstances, which is kind of a safeguard check against frivolous cases being filed. That one was requesting legal review, but (garbled) March. Um, we requested a time estimate, and it was told to us that it would be dependent on legislator acts on amendments to Iowa Code, Chapter 80-F. The last one is simply a statute limitations extension. As it stands right now, there is 90 days after the date of the alleged misconduct for you to file, for a person to file a, uh, complaint. We just wanted that bumped to 180 days, um, and that was approved, um (garbled) 2021, uh, presentation. So that's where we stand right now. There's, uh... a lot of ..a lot of thought and consideration went into each of these, and we'd be happy to answer questions about why we implemented those or made those requests, um, and maybe didn't make others or drew the lines where we drew them. I could tell you there was ... days and special meetings of...of discussions, um, you know, where we went back and forth on a lot of this and, um, it probably isn't perfect and there's still room for lots of changes, as we're all kind of changing in, um, in our community right now, but I do think that we've made some really good strides here and I'm proud of being part of this program as we're making some of these proposals and seeing where things go. So with that, tun, we'll have a public discussion, with us. Um, I'll ask if you are participating on Zoom from your computer, you can use the raise your hand button and you will be called on to speak. If you called in by phone, you can press *9 to raise your hand. We'd ask that you limit your comments to three to five minutes, depending on how many people we have. We might be able to take additional comments, um, if ..if it wraps up rather soon. When you do comment, please state your first and last name, and please remi ... remember that we are being broadcast on television, being recording. At this time I'll turn it over to the public. Public Discussion with Community Police Review Board: This represents only a reasonably accurate transcription of the Iowa City CPRB community forum of May 17, 2021. Page 9 Selmer: Hello, Temple, how are you? Hiatt: Good evening, I'm good. My name is Temple Hiatt. I'm a resident here in Iowa City. I'm also a member of, uh, or a volunteer with Moms Demand Action for Gun Sense in America. And some volunteers in our Johnson County group have been reading through the preliminary plan recommendations, um, and seeing if the ... the content actually aligns with a policing policy, urn, that our ...our policy making arm, um, Every Town, has created, and I have a couple of questions on that and I... if this isn't the appropriate forum or if there's someone else that can ... can help with that, um, would be happy to ... to follow up there, but you mentioned, um, tracking some more demographics with regard to, um, use of force and one of the things, um, that they want to make sure with the data that's being tracked is....um, if there would be (mumbled) you obviously have a lot of published regular reports about officer use of force, um, and miscontac ... misconduct investigations, but do those reports include victim race... and I ... I don't recall seeing a, um, column for that data and just wanted to see if that was going to be part of, um, the database that you, um, referred to earlier, that was going to be created. And then also, um, in just reading through some of the information about the reporting, um, again, just seeing if this aligns with the ... with the Every Town Policing Policy. Uh, do ... do the reports of ..of shootings and other use of force inc ... incidents actually get reported to the FBI? Selmer: As far as the demographics and reporting goes, yes, that ... that is, um (mumbled) some of the things that we've asked for, um, to be included in the reports. Chief, do you want to take it on with the FBI? Liston: Sure, that... all of that is reported, and we currently do ... use of force does track race, as well, so you'll see that the public can certainly see it on the next annual report. Um, we're working on the rough draft of that, it should be out soon, but that is currently tracked. Hiatt: Thank you very much. Townsend: (mumbled) I have a question. (garbled) Can you hear me? David, can you hear me? Selmer: Yes, go ahead. Townsend: I have a question. Uh, we did in our recommendation, one of the deals was that the information not only be made available, that we collect, not only be available to ... to the board, but we were talking about creating a cloud so that public would have access to it too. You know, where are we with that? Selmer: I know all of our reports and things are accessible on our database, or on our online website presently, so if people have an interest in ... in having access to the reports that we're receiving, which would include the use of force and those type of demographics we were talking about, those are all published there. Um, so (mumbled) the cloud and online database system that This represents only a reasonably accurate transcription of the Iowa City CPRB community forum of May 17, 2021. Page 10 we're trying to get up in place is still being reviewed and under ADF, um, hopefully we'll have some more legal room for some of that. Townsend: Thank you. Broxton: How's it going, can you hear me? Selmer: Good evening, Mr. Broxton. Broxton: So I have several questions, I guess ... would you like me to ask them one by one or give them all to you at once? Selmer: Whatever you think is best. We can try by, you know, all at once, and then we can kind of take maybe a little bit of time. Broxton: Okay. So, um (garbled) somewhere where I can find this list of 13 request that you guys have? Selmer: I believe those are... are... on our online website. If they're not, we will make those available to you. Broxton: I looked. I couldn't find it. I'm sorry. Um, those 13 request that you guys have, what are some other ... are your priorities right now? I did hear that some of them are approved, like extending the 90 days of an accused action, so 180. Um, just ... can you just tell me about some of those that are your priorities? Townsend: (mumbled) Selmer: Yeah, I agree, Orville, um, they are all priorities, and we had originally about 25 or 26, I think, that we kind of culled down. And... and most of what we were looking for are ... are all right now on all 13, each one of them are important for various reasons, and we think would improve and enhance the system, you know. Um, certainly I think ... I ... I would let the board members speak for themselves, but for me it would be, um, having some review of the discipline, um, and being able to opine as to whether or not we think that the discipline is carried out because right now as a system sits and has sat since I've been on this board. We might all agree that misconduct took place and that's the end of it. That's all that the ... that the board serves to ... to say in its report is that the investigation was thorough, the misconduct was found, and we would agree, um, but we have no idea if the discipline resulting is, you know, a one day, you know, administrative leave or if it's termination, and we don't get access or privy to any of that information, and that's not, um, that's right now prohibited by..by law, and so it's not as if, um, that's just being withheld from us because the Chief doesn't want to share that with us. It's ... it's prohibited, tun, and so we're asking basically to ... to amend that and and allow us to have that type of information, tun, and that's... that's a major one for me, and I think would really give another peace of mind to the civilians that we are ... we are watching what is happening when misconduct has been reported This represents only a reasonably accurate transcription of the Iowa City CPRB community forum of May 17, 2021. Page I I and then it's being, um, being dealt with fairly and accurately. (mumbled) if anybody else wants to opine on that one. Broxton: I'll throw out my second question, if no one else wants to chime in. Um, how involved is the Citizens Police Review Board in the restructuring of the police department plan? I know you guys have your 13 recommendations, your 13 request right now, but are you involved in any other aspect when it comes to reforming the police department? Selmer: Our ...what we do that's kind of related to that, um, and we're not ... I would say we are limited only by what our ordinance allows us to do, which again allows us to review complaints and also review policies that are in place and make recommendations on those policies as to how to change them. Um, we also do an oversight review of general trends like we discussed, and outside of those three things we don't really have any powers. But kind of related to your question, we do have that power to make recommendations to policies and so we're... we're reviewing those constantly, um, on every meeting and making various suggestions and having exchanges with the Chief of police as to whether or not we think that those are aligned with our community goals and values, and whether or not there's room for improvement and some other changes that we can make. A ... an example of one would be the domestic violence statute. We asked that some of the protections that State law had (garbled) fortified and written right into the policy directly for domestic violence, if an officer committed domestic violence on the force and the repercussions will happen there. Another one, for example, would be we are currently reviewing and looking for perhaps an ordinance change on the general orders for body worn cameras and what happens if an officer deactivates the body worn cameras, um, while you're supposed to have it on according the policy. We also presently this (garbled) last meeting (garbled) observed it. We are in the middle of, um, with the subcommittee, uh, with Miss Nichols making some proposals towards the general overall policy and overarching goals of the police department, but they're very much confined to recommendations within those policies only. Townsend: David, I would just like to come in on that also. You know, I think it's important that the public understand that it's ... it's the ... you have to look at the mentality that you have in your approach, and you know, our approach is not that the police department's no good. I mean I'm speaking for myself as a member, you know, it's that I'm not feeling that the police department's no good, and we should just chimk it. I'm approaching it with the fact that it's not perfect, and you know, some ... and with it not being perfect, some citizens may not be getting fair treatment. The question is, what can we do to improve that situation, and I think the things that we're putting in place, you know, basically gives more access and to ... to us ... and we're trying to give more access and accessibility to the public, but the bottom line is if people know that they're doing something wrong, that's one thing, but if they know that they're (garbled) wrong and that they're being watched, that's a totally different scenario, and I think that's what we're trying to be. Like if we've got some police that aren't doing things that ... the way they should be done, then let's put some things in place that will offset that. This represents only a reasonably accurate transcription of the Iowa City CPRB community forum of May 17, 2021. Page 12 Broxton: I have one more question, then I'll shut up. This is for the Chief. Um, what do you make of Council Member Laura Bergus' comments last week about abolishing the police department, and what has it, I know you only started in January, but just, um, how caught up are you with all these changes that are going on, and what are you optimistic about, maybe pessimistic about? Liston: Well I try to avoid commenting directly on individual comments from Council Members, but I will say I had a conversation with Councilor Bergus before she published her editorial and, um, I'm optimistic about a lot of things. One of the things I'm optimistic about is the support from the community. We've seen a great deal of support, um, and listen, my eyes are wide open. We know no police department is perfect, but I'm proud of the Iowa City Police Department. I think we're ... we've been ahead of the curve for a long time. This board is an example of that. This isn't common in most cities, so that's what I'm optimistic about and I'm optimistic about the community. I know it's a very engaged community. You can see the number of attendees at this forum. That ... that gives me optimism that people really care about the police department and care about the community and want to make positive changes that impact everyone. Coulter: Yes, I want to begin by saying how much good the CPRB has done. You're... you're working very well. Also I've had over the years considerable contact with the police department in a positive way, in terms of their being sensitive to issues in the community, but I do want to raise several issues that I think the CPRB, as well as other... others, such as the Human Rights Commission and other community organizations, should look into... these are ... these are three issues. One is qualified immunity. People need to understand what that means. I think the police department, the City, needs to create a situation where everyone understands what qualified immunity means. The second is that there are a number of recommendations that were made by the OIR independent review. These are fairly considerable. They focus mainly on the problems from last summer, uh, and the use of tear gas and other means to break up the demonstrations that were taking place, and I think the OIR independent review recommendations are certainly something that all of us need to become better familiar with. Finally, there's the City Manager's plan for enhancing the community police, uh, and making it more of a community piece. These... that... that's... there's a number of recommendations in there that I think the CPRB, as well as the police department, as well as the public and other elements in our community need to address. With that ... with those three issues I'll conclude, and again, I appreciate how much the CPRB has done and how hard the police department is working and the City Manager to improve and move towards community policing. Thank you. Bryant: Hello, my name is Susan Bryant. I'm a resident of the east side of Iowa City. I'm also a volunteer with Moms Demand Action. I have two areas of questions, please. One is the responsibility of the CPRB for either recommending or reviewing policy and procedures of the police department, and I was wondering if that recommendation or review authority is restricted to only those policies and procedures that relate to off ..officer behavior or if it extends to any or all policy and procedures of the department? Selmer: (mumbled) um, so we review policies and procedures for all general orders, um, that pop up and, um, we are basically... it's a scheduled cycle that we go through (dog barking, mumbled) This represents only a reasonably accurate transcription of the Iowa City CPRB community forum of May 17, 2021. Page 13 can also spontaneously or on our own raise, um, issues and recently, for example, we ... we re - raised the issue of the body worn cameras, um, and are making adjustments to those. Bryant: Okay, thank you. My second question regards one of the recommendations, which would include additional communication about the CPRB to the public, and I was wondering if there, um, or is any kind of communication plan that has been developed for that recommendation, and would like to suggest or recommend that some kind of tracking system be posted online for the status of the recommendations, so the public knows which recommendations are still pending and why, um, which recommendations have been accepted, and particularly helpful, I think, would be indication as to which or what State law and change in Iowa Code is impacting positively or negatively the implementation of a particular recommendation? Townsend: David, uh, in response to that question, that seems like that's the information our report that the City Council should release. Selmer: I think it's noted that you're asking for more public disclosure of where we stand and more readily accessible public disclosure of where we stand on our ...our 13 proposals that we have presently, or perhaps I'm mistaken, Miss Bryant. Are are you asking about where we stand on our review of individual general orders, as they come up? Bryant: I think both would be helpful. Selmer: On our agendas that are posted every time, there includes both the policies that we're going to be reviewing and the ... the changes to the ordinances that are proposed, and then we have our ...our open discussion. This is all open to the public, so people know. When we have not resolved it, it gets carried forth to usually old business, um, and we post it there, or maybe even under new business, if we want to raise something new, um, and so you'll see those on the agendas as they work their way through. Um, and essentially until we resolve it you'll see those line items on our agendas all the way through. Ultimately, when we resolve it, so to speak, just so you were clear, we are not legislators. We are just making recommendations, um, that don't necessarily have to be followed, and so those recommendations would also be public and you'd be able to see those as we disclose our ..our monthly reports. Bryant: Okay, thank you. Kauble: Hi, can you hear me? Hello. Selmer: (garbled) Kauble, hello. How are you? Kauble: Hi, urn, I'm okay. Um, I have one thing that I would like to comment on. I was just wondering about the relationship between the Iowa City Police Department and the Iowa State Patrol. Pm not sure if this would be the proper forum for that, but I think it's an issue that definitely needs to be raised, because I mean out of all of the police agencies in the State of Iowa, State Patrol are definite bad actors. You can see that from the June 3rd tear gassing to June 6th when the This represents only a reasonably accurate transcription of the Iowa City CPRB community forum of May 17, 2021. Page 14 protesters were trying to march on the interstate were told that they were going to be sent home in coffins. And as ... as can be seen from the tear gassing on June Yd, the State Patrol were clearly behind that and they didn't partake in the inquiry into that. And so I would just like to know, um, what's being done to make sure that the Iowa Sta...that the Iowa City Police Department is not aiding the State Patrol in the terrible things that they're doing. Urn, so that's my comment and question. Thank you. Selmer: Chief, do you want to handle that one? Liston: Sure. As most of us are aware, the Iowa State Patrol has jurisdiction statewide, and that includes the City of Iowa City. So whenever there is an incident, similar to what there was during the summer, there's usually a unified command where leaders from all the agencies, or supervisors from all the agencies, get together and try to make decisions as a unified group, and then the ... the final decision depends on who has overall authority, and as you guys know, the State Patrol has the authority over the interstate, so they're probably going to be the ones making that decision, and then it's up to the rest of the unified command to work with them and figure out the best way that we can accomplish the mission. So all of that was covered in the OIR report, and as Dan mentioned, uh, for whatever reasons, State Patrol didn't participate in that, but the other agencies in the community did. Townsend: Ah, Chief, I have a question related to, uh, the incident that happened last June, you know it, and the report that we got back from (mumbled) we got, uh, some interesting information, and one thing it...it highlighted is that when you have a situation where you've got multiple organizations working together, but you've got one specific organization that's in control, a question that I have is that we train our officers and basically I think we do a good job in focusing on right and wrong. In a situation where orders are given by the organization in control, but it appears there's no ... that's not fair to the public or it's inappropriate, do our ...do our officers have the right to basically disregard it or because it's a cooperative agreement, are we obligated to have our officers to go along with something that may not be the best practice? Liston: Well you're putting me on the spot, Orville, but as you know, I'm working on the response to the ... you asked for follow tip on those complaints, and I think I have about another month to get that done, but I want you to know I'm working on it, but I can tell you generally speaking, not talking about specific incidents, you guys are well aware of our duty to intervene policy. And so we do have that as policy and including everyone in the County has that. So if they see something that they think is illegal, they are ... an officer or someone using excessive force, they have a duty or requirement to intervene. So we do have that, but as far as the June 3rd specifics, still working on that and we'll have them for you at the end of next month. Townsend: Thank you. Hiatt: Hi, I am ... I just had a couple of follow up questions regarding the ... the personnel early warning system, um, part of the Every Town policy recommends deploying formal to ... tools to identify officers who pose a risk of serious misconduct, um, and encourage counseling, retraining, This represents only a reasonably accurate transcription of the Iowa City CPRB community forum of May 17, 2021. Page 15 reassignment, or intensive supervision. So I'm ... I'm just... would like you to elaborate on the personnel early warning system and I'd also like to know if the Community Police Review Board has any, um, involvement in that outside of, you know, specific complaints regarding use of force. Liston: Well that's a good topic, Temple. Thanks for bringing that up. One of the things that we do and that's partly through our accreditation unit, which was the organization... it's an organization called CALEA, and they are the the outfit that Chair Selmer had mentioned as our outside auditor, and they make sure our policies are in line and that we are following the policies, and that's one of them, the early warning system, that we have to, uh, create a report, I believe its quarterly, on tracking the number of complaints or the issues or uses of force that certain officers have, which would get us ... give us ... some people call them red flag, um, and how we address those. So we certainly subscribe by the early warning system, and we are following that. I don't ... I'm not familiar with CPRB being involved in that. David, maybe you can chime in. Selmer: Yeah, we are only reviewing the policies and compliance. We don't have any ..if someone were, for example, part of that carly warning system, we don't get that as a misconduct type review, complaint, or anything presently. I think one of the things that we are doing, that we've proposed, is to have better online tracking and a better database for misconduct against officers. They're all assigned an individual number, and it should be easy enough for us to implement a quick research tracking system so that if there is repeat offenders, um, then to kind of pattern forming we would be able to identify quicker, and then we can, as part of our proposals, ask for a separate review of that, um, and make (mumbled) recommendations. Again, it comes down to just making recommendations, but at least it would be something that we could highlight more publicly. Townsend: David, I have a question and a request. You know, we had one of our recommendations asks for, uh, to have an audit and then after we talked to the Chief, we discovered that they already have an audit, and you know, by the way, thanks, Chief, for making it available to us. You know, it really answered a lot of questions, but my..now my question is is that can ... if we haven't done it already, can we fix it so that instead of our audit that we automatically, the Police Review Board automatically gets a copy whenever it is done of the, uh, the audit that the department does. Selmer: Yes, I'll just clarify a couple of things. We knew that there was an audit procedure, most of us did. It was just one of those and whether or not we wanted a separate, independent one that just the CPRB could implement and instigate. Upon further review, I think we satisfied all of the members that the audit agency that is already taking place is independent enough and is carrying out the same goals that the CPRB would have its own independent investigator do. We spoke with the Chief of police and he's already agreed to disclose that. It has made those disclosures to us of that annual auditing report, and so we have that present. Townsend: Chief, how often do, uh, you all have that audit done? This represents only a reasonably accurate transcription of the Iowa City CPRB community forum of May 17, 2021. Page 16 Liston: It is an ongoing process. The formal audit, that large document that you guys received, that's four years, but it's an ongoing thing. I'll have to check to see how often they ...if they provide an annual report, but it's constant. That ... that's part of the schedule of the general orders that you receive as well. We have a schedule where we constantly are reviewing orders and malting sure they're still up to speed. Townsend: And my question is is that in the future, can we fix it so that becomes a part of the procedure, where whenever that's made available, that the Police Review Board automatically gets a co ... continue to get a copy of that? Liston: Yep, we'll get ... we'll get to you what we get. Hiatt: Chief Liston, I just have a clarification. Um, the ... the personnel early warning system, does that process include counseling, retraining, potential reassignment, or some form of inte ... intensive supervision, where applicable? Liston: Yes, ma'am. Hiatt: Okay, thank you very much. Bryant: Excuse me, I was ... I was muted, um yes, this is Susan Bryant with one very quick question I hope. It is really comforting to live in a community that has the CPR ... CPRB, and I was just wondering if there were any national association, national standards for a community police review board, or if it is very...very idiosyncratic to each community that actually has one. Nichols: I have not been able to find anything like that. I've looked a little bit. I think it's very individualized. Bryant: Okay, thank you. Selmer: It is individualized, but I do think that more recently there's been a lot o£..a lot of suggestions and organizations that are stepping forth and making proposals, um, and we've all kind of relied on some of those, uh, mostly through internet searches and others, tun, including looking into other cities like Cedar Rapids and ... and their quest for developing, um, developing a community police review board. So I think that there is some of those that are accessible. I certainly relied on them and ... and some of their, um, their suggestions when we were all debating what we wanted to propose for our own enhancements and how to, um, increase our own oversight here. One thing I want to say on that, again I'm going to be resigning, um, or the end of my term is coming up on June 30th here, um, and it's been a pretty remarkable change, I feel like, um, with the community involvement here, and even the, um, the idea that the CPRB is going to start getting some more of its authority. Throughout my term anyway, um, I always ... I was always comforted by this board and what we did, um, and my biggest thing I would suggest is that we do provide some oversight into when misconduct is being claimed. You can go to your This represents only a reasonably accurate transcription of the Iowa City CPRB community forum of May 17, 2021. Page 17 neighbors and say, `Hey, we ... can you make sure I'm getting a fair shake here? Can you make sure that what's... what's happening is being investigated accurately and that you ... you kind of stand by it,' and we should all sleep a little bit better at night, knowing that there is a board here that is, urn, you know, non -biased and willing to just look at things with a fair set of eyes and say, um, you know, `Hey, this looks good,' or...or `No, this doesn't look good. Let's ... let's raise a ... raise a red flag and send it up by way of public report and say something doesn't smell right here.' 1 know that a lot of times there are issues taken when we are not sustaining a lot of complaints and we are in agreement with the Chief of police. Um, certainly that has been the majority trend in my four years here, but I would say to anybody that ... that points to that as evidence that we aren't doing enough, it might be to the contrary. It might be that we are ... are in a great city where, um, we do have a Chief of police and a City Manager throughout various chiefs of polices, um, that have been able to, you know, investigate misconduct as it's raised and do (mumbled) their own accurate job, and that we have given that ... that objective review and said, `Yeah, we agree.' Um, just because we're not finding fault with police, um, misconduct doesn't mean that we're just not finding it. It might be that it didn't exist. Um, and I certainly will take peace and comfort in knowing that there's a ... a .... the people that are still here on this board. I'm excited about our new members. I'm excited about some of (dog barking) we have in place and knowing that they're going to be able to give it, uh, that same set of eyes and that same set of objective review to make sure we're doing our best to, uh, to ... to have this ... the police align itself with our community values and... and, uh, I thank everyone for my...for my service here and, uh, everyone on the board here for ...for continuing that service. Townsend: Yeah, and, David, I, you know, I think Iowa City is unique in terms of having a police review board, because not too many cities, you know, have a police review board. I think Cedar Rapids recently, you know, began to ... to build one and has one in place, but, you know, not ... not too many cities have invested in such an endeavor, and, you know, I'd just like to share, you know, that I feel real good about it. It's like, you know, we meet once a month and basically every month our police chief sits in on the meeting or he has a (mumbled) for him, so, you know, it's just not the police review board, you know, is ... is having an investment in it, but I think the police force and the City Council and the City as a whole has an investment in it, and you know, I really feel good about, you know, the existence of our board and what we're accomplishing. Selmer: Any of the other members want to share any parting remarks? (mumbled) Yeah, there you are. Townsend: (garbled) Selmer: You're muted, Jerri. MacConnell: (mumbled) There we go! Hi (laughs) I believe we're the oldest police review board in Iowa, at least, that we were formed in, what, 1997? 1995? We have a pretty long history here. Selmer: Yeah, okay. Um... This represents only a reasonably accurate transcription of the Iowa City CPRB community forum of May 17, 2021. Page 18 Iowa City: David, we do have another person that wants to speak(both talking) just didn't know if you were trying to wrap up. Tammy (both talking) Nyden. Oh ... she lowered her hand so maybe she changed her mind. Oh, there she is. Nyden: Yes, can you hear me? Selmer: We can hear you, go ahead. Nyden: Thank you. I was curious if the Review Board knows that there's, uh, regular data collection on police interaction with mental health, not only crisis calls but also interactions with mental health and inpatient hospital, emergency rooms, and so forth. Do we have such data collected and available? Liston: Um, there's probably someone on this call who could actually answer that better than me. Kellie, would you be able to let Schwindt speak, because if we have that data, he would have it I ... I think there are some issues with gathering that data. Um, I know David's working on project... projects involving that, but there are certain things that, uh, some of it might not be as simple as it sounds. We just might not know what ... what do we consider a ... a mental crisis and not, but maybe David can speak to that. Schwindt: Hi, this is Dave Schwindt. I just want to confirm you can hear me with this unmute. (several respond) Okay. Um, we do have limited collection right now on behavioral health calls for service outside of care facilities. It's not routine for us to be called into facilities, you mentioned, um, for mental health calls for service. Uh, moving forward as part of the City Manager's recommendations, we are looking to implement more robust tracking of crisis calls for service, uh, with a number of data points, including demographics, uh, type of crisis, what the response was, um, if..if the criminal justice system is utilized, why that was utilized in lieu of other services, such as mental health services that are available in the area and such. So limited collection right now, just because traditional law enforcement systems aren't designed to collect that type of information, so we're trying to come up with a new reporting system and lead the way in that type of collection, so we can better understand that moving forward. Nyden: As ... as you work on that, is it possible to add, um, I know it may not be happening as often, but it does happen. Is it possible to add emergency... calls where police are called into residential, ER, or inpatient? Schwindt: If it is a crisis call for service or a call for service where officers can utilize their crisis intervention skills, uh, with the new reporting system we will be implementing, all of those will be tracked as well moving forward. Nyden: Great thanks, and that would include schools as well I'm assuming. This represents only a reasonably accurate transcription of the Iowa City CPRB community forum of May 17, 2021. Page 19 Schwindt: Yeah, regardless of the physic... regardless of the physical location of the call for service, uh, that data will be tracked cause it's more on the behaviors that create the call for service and nothing more about where it actually happens. (several responding) Nyden: Oh, so that ... that wouldn't be captured in the data, that that was a call from school or a call from a hospital. Schwindt: Yes, whether... whether the officer responds to a City park or a hospital or a group facility, this report would be completed and collect that information. Nyden: Okay, thank you. Townsend: Yeah, David, I would just like to add comment related to that. I was just thinking back earlier of a case that we had and I recall that the officers once they arrived on the scene, someone indicated that the individual was having a mental health issue, and as a result of that ... that knowledge, you know, they ...they treated that differently, and basically, you know, in my opinion, you know, this is what's important is that when you do encounter a situation where a mental ... a ... a individual is dealing with mental health issues, that you understand that, you know, we need to treat this differently than we would just the regular situation. So I think, basically, you know, officers, you know, pick up on that and —and give a different level of services, and I think that's important. Iowa City: We do have a (both talking) Schwindt: Yes, I agree completely and one (both talking) Iowa City: Sorry, David. Schwindt: I just wanted to add there, uh, I agree completely. One of the things that went right in that situation you described is there was an officer on scene that recognized that there was or had knowledge that there was a mental health issue there. Uh, the reporting system that we're working to implement would help that make, uh, make that information available, even if one of the officers on scene didn't have previous experience with that individual. So more ... making that information proactively available to officers responding to an individual. In the future that crisis situation may be the cause of future calls for service, so they can take that information into consideration on how to handle future calls. Iowa City: We do have a couple more hands raised. Um, the next speaker is Travis Breese. Breese: Hi, sorry. (mumbled) I hope it's okay if I (garbled) order. Um, this would be Amanda or Jerri (garbled) the members who are staying on for another year. Um, I just want to know (garbled) when you guys had this annual forum in 2020, uh, I think there was a lot, you know, there was a lot of people here, because, you know, the ... the energy around police reform was just so fresh last year. People found out that (garbled) the ... and everyone was (garbled) what was it about, This represents only a reasonably accurate transcription of the Iowa City CPRB community forum of May 17, 2021. Page 20 you know, what can you guys do. I noticed, you know, there definitely still is a level of interest here and there's still people calling in, but how important is it for you guys to try to keep this community (garbled) your plans to continue to keep people interested in the CPRB. Nichols: That's extremely important to me. I think that if we're a community advisory board that is making recommendations on policies that affect the entire community, then the entire community needs to be involved in that. Um, it's important that we hear what people's opinions outside of the five people on the board are. Iowa City: And then Joe Coulter would like to speak again. Coulter: I, um, I would like to mention our new GuideLink Center, that the relationship of the police department, the CPRB, even Human Rights and other organizations, um, understand what is ... what is happening, uh, with the GuideLink Center and that many of the things that happen, that end up with sending people to emergency rooms or to some sort of shelter are really not serious police matters, uh, but matters to make people, uh, help people get better, and I think the GuideLink Center is an excellent, uh, excellent source, and I hope ... I'm hoping to see that the the ... the police employ more social workers or, uh, people with, uh, can understand psychiatric care and other things having to do with ... with substance abuse, uh, will steer more people to the GuideLink Center, rather than putting them in jail or sending them to the emergency room, which is very expensive. I would like to hear the police chief respond to that, as well as, uh, as you the Chair of the ... of the CPRB. Liston: Well, thanks, Joe and I'm glad you mentioned that because that's something that's been a focus of ours since it opened in February. I'm also excited to tell you that the sobering portion of the GuideLink Center just opened last week, so that's another jail alternative for us. We have a fantastic partnership with Abbey Ferenzi, the Director there, and she's been just a great partner working with all the local law enforcement agencies to get to know how we do business and how we can improve how we do business. As you know, it's an Access Center and it's completely voluntary and open facility, so sometimes, unfortunately, some of the people we may deal with might not be good fits for that. But we certainly will use it whenever we have the opportunity, and if you look at the numbers, I don't have them in front of me, but we are their largest client. Um, we're the ones who are referring the most patients, and we're going to continue that, and I think, as you mentioned, it's a great opportunity to get people the help they need because as you all know, sometimes the help that we can provide as a law enforcement agency alone is not the help that someone needs. To get them to get their issues addressed, whether they be mental health or substance abuse, so that's where the GuideLink really comes in, and we are excited about that, and I think, um, I think a lot of other communities will be looking towards the model that Iowa City, again the Johnson County area, has ... has, um, has been a leader in this, and it's something we look forward to continuing. Selmer: And you asked my opinion. I think it's ... it's an essential service, and I think to kind of echo some of the things that the Chief says, one of the things we're ... we're struggling with right now is communities identify what that role of the police department is and for the longest time when This represents only a reasonably accurate transcription of the Iowa City CPRB community foruin of May 17, 2021. Page 21 there was issues with mental health or public intoxication or addiction, the person that you called was the police department and ... and, you know, they're ... they have a certain procedures and ways that are in place that we can all review, but until there is appropriate, better suited facilities, like the GuideLink Center in place, it really makes it hard for those police officers to be that all -in -one tool. Um, and we're excited about that implementation and some of these other programs that are being discussed and changing over to those forums. Um, certainly I would encourage all that. In my previous life I was (mumbled) here in the city, um, a criminal attorney, and I went to drug court. It was excellent, uh, excellent experience, and I was really proud to be part of that and see how some of these alternative methods saved the community lots of money, saved families from being torn apart, and put people on the right track and prevented them getting into a system that is not meant and not designed necessarily to ... to handle some of these issues that aren't necessarily what we consider violent type crimes or crimes against other persons, and so I would love to see more of those implemented. I think there's only going to be better things to happen (mumbled) to us the community more. We can get those involved and I'm optimistic that the police are going to take full advantage of that. I'm sure they are as relieved, I really truly believe that they are as relieved as all of us that they have another answer, another tool in their toolbox for when they encounter some of those people and they have to do something with them. They don't want to do the paperwork, they don't want to sit down and arrest these people and put them back into the system, uh, is my true belief on that, and I am grateful that we have this as a ... as an alternative solution now. Townsend: David, I'd just like to make a comment. You know, one of the advantages or disadvantages of being in a place over a long period of time is that you get to see the various phases, and I remember like back in the 70s and in the 80s, the Iowa City Police Department had more of an attitude and atmosphere to protect and serve, and basically, you know, they were really working for the advantage of the citizens, and I guess, you know, the question is what can we do to get back to that, because I think that ... that, you know, that's a big key is the attitude and mentality of the department. If we can protect and serve, then you're working for the citizens and not turning them into victims. Liston: Well, I certainly appreciate your experience, Orville. You've, uh, you've... you've been around a while and ... and I appreciate that, but I'm going to have to push back a little bit. I think the department still is a protect and serve, and I watched those videos every day and watch officers bend over backwards to de-escalate and it's ... it's a hard time to be a police officer right now and that's fine. We signed up for the job. We ... we go into it with eyes wide open, but that is, uh, that's the impression that I get from the officers in my short time here, and that's certainly my focus going forward, and I know these officers have that in the front of their mind is to protect and serve. So I do appreciate that, but I think we are ... we are there. We're not perfect, as I mentioned earlier, we have room for improvement, and we will keep (garbled) improve. Townsend: Not that I'm disagreeing with you, but I just want to say, when I say protect and serve where we used to be and where we are now, I'm not saying that every officer is a negative. I'm saying that we can ... we can still protect and serve, but we have to deal with the reality that not all of our officers have that mentality, and a lot of people talking about getting rid of the police, you This represents only a reasonably accurate transcription of the Iowa City CPRB community forum of May 17, 2021. Page 22 know, and my feeling is we don't need to get rid of the police. We just need to look at what is it ... what ... what we have that's not right and correct it. Liston: Agreed. Iowa City: I don't see anyone else with their hands raised at the moment. Selmer: Just another couple more seconds, in case anybody wants the last comment. Well I thank everybody for their partici... we got someone? Iowa City: We do, uh, Joe Coulter. Joe Coulter: Well Orville knows me. I just wanted to thank you, David Selmer, and our new Police Chief for the work that you're doing, the work that you're doing together to improve our safety, our health, and ... and protect us. So in my native language it's (native language). Thank you. Liston: Thank you, Joe. Adjournment: Selmer: Thank you, Joe. And thank you all, appreciate your attendance. I appreciate everybody's attention to this. I do think that there's a lot of enthusiasm still and I think it needs to carry forward, and I think we're all in this together, and we're all trying to figure out how to make this work for all of us, um, so ... with that, I will make a motion to adjourn. Can I get a second.? Second by MacConnell. All those in favor say aye. All those opposed? Ayes have it, the meeting's been adjourned. It's 7:00. So thank you, everyone. Good night. (several respond) This represents only a reasonably accurate transcription of the Iowa City CPRB community forum of May 17, 2021. COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5043 July 2021 To: Members of the City Council From: Members of the Community Police Review Board Re: Requested Ordinance Amendments Relating to Body Worn Camera and In -Car Video Recordings) Dear City Council: The board deems the integrity and protection of video evidence to be an integral part of the trust relationship between the police department and the community. This has been easily apparent in the multiple examples of high -profile incidents across the country, Including the death of George Floyd. Video footage of an incident greatly enhances one's ability to accurately assess whether misconduct occurred. Video footage serves both the officers and the community members alike in the ability to capture an objective reality. It is understood that the Iowa City Police Department concurs with the board's view on the value of such footage; hence the financial investment to equip Iowa City Police officers with video cameras, and the policy measures that are already in place to help ensure the use of such cameras in all relevant Instances. The board is concerned, however, that police department policy gives the Chief of Police unfettered discretion to determine whether video footage can and should be deleted. Furthermore, the board would like to have the ability to review any Incident where an officer either improperly failed to activate a recording device, or deactivated a recording device for an improper purpose, With these goals in mind, and in accordance with section 8-8-7(C)(3) of the CPRB ordinance, the board members intend to request certain changes to the Iowa City Police Department's General Order No. 99-08 (Body Worn Cameras and In -Car Recordings). In general, these requests can be summarized as follows: Any time an Iowa City Police Officer fails to activate their in -car recording apparatus or body worn camera in violation of General Order No. 99-08, and any time an Iowa City Police Officer deactivates their in -car recording apparatus or body worn camera for any reason not authorized by General Order No. 99-08, the Chief of Police must file a complaint with the board for such misconduct, as authorized by section 8-8-3(B) of the CPRB ordinance; and Before the Chief of Police is authorized to delete any in -car video or body camera recordings pursuant to the discretion granted to the Chief on page OPS-12-10 of General Order No. 99-08, the Chief must receive the written consent of the board after having reviewed such recordings for the purpose of ensuring that such recordings meet the standard for deletion as set forth in the General Order, In order to implement these changes to General Order No. 99-08, the CPRB ordinance will also need to be amended to expand the authorized powers and required duties of both the board and the Police Chief. To wit, the board requests the CPRB ordinance be amended in the following (or similar) ways: 1, The following subparagraph "C" shall be added to section 8-8-5: C. Complaints relating to violations of department policy regarding Body Worn Cameras and In -Car Recorders: It shall be the mandatory duty of the Police Chief to do the following: 1. Any time an Iowa City police officer fails to activate an in -car recording apparatus or body worn camera in violation of Iowa City Police Department General Order No. 99-08 (which may be amended from time to time), the Police Chief must file a complaint with the board regarding such conduct. 2.. Any time an Iowa City Police Officer deactivates their in -car recording apparatus or body worn camera for any reason not authorized by General Order No. 99-08 (as may be amended from time to time), the Police Chief must file a complaint with the board regarding such conduct. 3. Any complaint filed by the Police Chief pursuant to subsection (C)(1) or (C)(2) of this section shall thereafter be treated by the Police Chief like any other complaint; such complaints shall be investigated as required by subsection (B) of this section, and the Police Chief shall prepare and forward a report to the board as required by section 8-8-6. 2. The following subparagraph "D" shall be added to section 8-8-5: D. Deletion of in -car or body worn camera recordings: Any time the Police Chief intends to authorize the deletion of in -car or body worn camera recordings pursuant to the discretion granted to the Police Chief by Iowa City Police Department General Order 99-08 (which may be amended from time to time), the Police Chief shall first inform the board of such intent, shall make such recordings available for review by the board (or a subcommittee thereof), and must receive the written approval of the board pursuant to section 8-8-7(C)(5) before authorizing any such deletion. No in -car or body worn camera recordings may be deleted by the police department without the written consent of the board. 3. The following subparagraph "5" shall be added to subsection 8-8-7(C): 5. The board shall review any in -car or body worn camera recordings the Police Chief intends to authorize to be deleted pursuant to the discretion granted to the Police Chief by Iowa City Police Department General Order 99-08 (which may be amended from time to time). Following such review, the board shall inform the Police Chief in writing within 30 days whether the board agrees that the standard (as set forth in said General Order 99-08) for deletion of such recordings has been met. The board may assign the obligations under this subsection (C)(5) to a subcommittee of three board members, which shall report its findings and recommendations to the board. The board believes these proposed changes will protect against the deletion of relevant video, ensure that community goals of having video footage in all Instances are being adhered to by the members of the Iowa City Police Department, and insulate the Chief and Iowa City Police Department from accusations of impropriety while furthering transparency. Thank you for your consideration of these ordinance amendments. Sincerely, <<name of chair of the board>> OPS-12.1 BODY WORN CAMERAS and IN -CAR RECORDERS Original Date of Issue General Order Number July 30, 1999 99-08 Effective Date of Reissue Section Code October 7, 2020 OPS-12 Reevaluation Date Amends October 2023 OPS-12 Previous Version (2013) C.A.L.E.A. Reference 41.3.8 (see "INDEX AS:") INDEX AS: Use of Force Traffic Stops Internal Investigations Recording Devices Evidence In -car Recorders Evaluations Body Worn Cameras (BWC) I. 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. II. 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. OPS-12.2 III. DEFINITIONS Audio/video recording equipment consists of: 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. IV. PROCEDURES 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 ® record button 4. manual activation by activating a synched BWC 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 OWI 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-12.5 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 OWI 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 OWI 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 OWI 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. OPS-12.6 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. OPS-12.7 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 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 15th 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 15t 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 Report 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 1932MffA111 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 WARNING This directive is for departmental use only and does not apply in any criminal or civil proceeding. The department policy should not be construed as a creation of higher legal standard of safety or care in an evidentiary sense with respect to third -party claims. Violations of this directive will only form the basis for departmental administrative sanctions. Prepared by CPRB member Amanda Nichols Draft #1 To: Police Chief Liston -_ From: Community Police Review Board 100AR Re: Suggested revision to ICP General 01-01 (Bias -Based Policing) Dear Chief Liston: The members of the board respectfully submit the following proposed revisions to ICP General Order 01-01 (Bias -Based Policing). According to the ACLU's 2020 report, I Iowa ranks as the fifth - worst state in the nation in racial disparities for arrests of marijuana. The Iowa City Police Department's use of force reports also illustrate ongoing racial disparities. Implementation of the suggested changes would serve to decrease these disparities, illustrate Iowa City's commitment to creating a strong, safe community in which The Department serves only to protect the public and officers are not feared, and leave space to repair the damages done to The Department's relationship with the public during last summer's tear gassing and the recent MRAP incident. General Order 01-01 Bias -Based Policing 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. II. POLICY It is the policy of the Iowa City Police Department to imnt,{IQWt risk to public saTW Members are prohibited 1 https://www.aclu- ia.org/sites/default/files/ta Ie_of_two_countries_racially_targeted_arrests_in_the_era_of_marijuana_reform.pdf 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, 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 reasonable cause to believe criminal activity is afoot." State v. Heminover 619 N.W.2d 353, 358 (Iowa 2000). IV. PROCEDURES The department's enforcement efforts will be directed towards assigning officers to those areas where there is the highest likelihood of 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.Officer 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 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 0' dangerou� infraction of the law, or there is an articulable reason for contact. 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. 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. E. No person, once cited or warned, shall be detained once there is no reasonable suspicion of further-- 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. 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 communication skills. This.. include profiling related topics (e.g. field contacts, traffic stops, searches, 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 intrusion 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 and forfeiture, interviews and interrogations. C. Training will emphasize the corrosive effects of biased policing on individuals, the community and the agency. D. IWWwill acknowledge the long history of bias bafflffillPffng, and co that legacy while remaining available to serve the public as needed., IV. COMPLAINTS OF BIASED -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 to the 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 99-8 (Body Worn Cameras and In -Care 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 an 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. C. Upon review of the written notice, the Chief of Police may direct additional trainings towards the affected units, sections, or individual officers. D. On an annual basis, the department --make public a statistical summary of the race, ethnicity, and gender of persons stopped for traffic violations E. On an annual basis, the department M -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 pattern of ongoing bias -based policing, the Chief of Police --institute disciplinary action up to and including termination of employment of any involved officer(s) and/or their supervisors. BIAS -BASED POLICING Original Date of Issue General 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 "INDEX AS") Bias -Based Policing Search and Seizure Complaints Traffic Stops Supervisor Responsibilities Arrests Warrants 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. II. 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). 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, 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. 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 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 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. In each case where a search is conducted, information shall be recorded, including the legal basis for the search, and the results thereof. 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 intrusion 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 and forfeiture, interviews and interrogations. C. Training will emphasize the corrosive effects of biased policing on individuals, the community and the agency. 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. C. Upon review of the written notice, the Chief of Police may direct additional training towards the affected units/sections or to individual officers. D. On an annual basis, the department may make public a statistical summary of the race, ethnicity, and gender of persons stopped for traffic violations. 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 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. Prepared by CPRB Vice -Chair Orville Townsend Redefine Request for Recommendation #8 ✓ !� At the last CPRB Meeting there was discussion related to the request stating -That the CPRB should have authority to hire an independent auditor to review the Police Departments internal investigation procedures. It was pointed out that the ICPD already has the CALEA and it possibly could be viewed as an audit. After reviewing the CALEA accreditation process members of the CPRB felt that review process covered a lot, but that it did not address specific concerns. To address these concerns it is recommended that: • When the CALEA accreditation report is received that it be made available to the CPRB • It is also recommended that CPRB should have the authority to hire an independent auditor if they believe that there is an immediate procedural issue that can not be reconciled through other means. Table of proposed changes for the Community Police Review Board No. Description Status 1 THAT IN INSTANCES OF A SUSTAINED MISCONDUCT •03-23-2021 Council requested COMPLAINT, THE CPRB BE GIVEN INFORMATION legal review ABOUT THE CORRESPONDING DISCIPLINE, AND •04-16-2021 CPRB requested a THAT THE CPRB BE ALLOWED TO INCLUDE IN ITS time estimate REPORT ITS FINDINGS ON WHETHER THE • 04-22-2021 City Attorney said DISCIPLINE IS REASONABLE AND FAIR analysis on hold until state legislature acts on amendments to Iowa Code Chapter 80F 2 THE CPRB SHALL HAVE THE AUTHORITY TO •03-23-2021 Council requested REQUEST THE CITY COUNCIL HAVE A legal review DISCIPLINARY HEARING. •04-16-2021 CPRB requested a time estimate •04-22-2021 City Attorney said analysis on hold until state legislature acts on amendments to Iowa Code Chapter 80F 3 THAT AN ACCUSED OFFICER BE REQUIRED TO 903-23-2021 Council requested COMPLY WITH A CPRB INVESTIGATION OR BE legal review DISCIPLINED BY THE CHIEF OF POLICE/CITY • 04-16-2021 CPRB requested a MANAGER. time estimate • 04-22-2021 City Attorney said analysis on hold until state legislature acts on amendments to Iowa Code Chapter 80F 4 A COMPLAINANT SHALL HAVE THE RIGHT TO 903-23-2021 Council approved RESPOND TO THE CHIEF'S FINDINGS IN THE • 03-26-2021 City Attorney drafted CHIEF'S REPORT BEFORE THE CPRB SHALL 904-14-2021 CPRB approved CONDUCT ITS INVESTIGATION. •04-22-2021 City Attorney said COMPLETED recommendation will be presented to council on May 4, 2021 *Approved by council, and enacted pursuant to Ordinance No. 214857 on May 18, 2021. $ THE ONLINE DATABASE OF OFFICER COMPLAINTS 903-23-2021 Council requested SHALL BE IMPROVED TO ALLOW FOR QUICK legal review SEARCHES OF COMPLAINT HISTORY AND A • 04-16-2021 CPRB requested a COMPUTERIZED RISK -MANAGEMENT SYSTEM TO time estimate ANALYZE TRENDS. 904-22-2021 City Attorney said analysis on hold until state legislature acts on amendments to Iowa Code Chapter 80F 6 ALL COMPLAINTS OF MISCONDUCT SHALL BE • 03-23-2021 Council requested INCLUDED IN THE POLICE DEPARTMENT'S discussion between chief and MONTHLY DISCLOSURES TO THE CPRB. CPRB COMPLETED 04-16-2021 CPRB and chief discussed, discussed, and chief agreed 7 CPRB SHALL BE PROVIDED WITH ADDITIONAL 903-23-2021 Council requested INFORMATION IN THE POLICE DEPARTMENT discussion between chief and QUARTERLY REPORTS TO REVIEW FOR CERTAIN CPRB TRENDS •04-16-2021 CPRB and chief COMPLETED discussed, and chief agreed 8 CPRB SHOULD HAVE THE AUTHORITY TO HIRE AN • 03-23-2021 Council requested INDEPENDENT AUDITOR TO REVIEW THE POLICE more info from CPRB DEPARTMENT'S INTERNAL INVESTIGATION •04-16-202I CPRB assigned task PROCEDURES. to subcommittee COMPLETED 906-08-2021 CPRB voted to waive this request, deeming the CALEA audit to be sufficient for this purpose 9 CPRB SHALL BE PROVIDED CITY FUNDING TO •03-23-2021 Council requested PROMOTE AWARENESS OF THE CPRB AND more info from CPRB ENHANCE ACCESSIBILITY TO ITS SERVICES. •04-16-2021 CPRB assigned task to subcommittee 10 COMPLAINANTS SHALL HAVE ACCESS TO A • 03-23-2021 Council requested LAWYER AND SOCIAL WORKERIMEDICAL legal review PROFESSIONAL WITH TRAUMA AWARENESS •04-16-2021 CPRB requested a TRAINING FOR PURPOSES OF ASSISTING time estimate COMPLAINANTS THROUGHOUT THE COMPLAINT • 04-22-2021 City Attorney said PROCESS. analysis on hold until state legislature acts on amendments to Iowa Code Chapter 8017 11 EXPAND THE MEMBERSHIP OF THE CPRB FROM •03-23-2021 Council agreed, but FIVE TO SEVEN OR NINE MEMBERS, WITH AN wanted further discussion EMPHASIS ON MINORITY REPRESENTATION AND • 04-16-202 l CPRB requested a REPRESENTATION FROM A CURRENT OR FORMER time estimate MEMBER OF THE POLICE OR POLICE POLICY • 04-22-2021 City Attorney said EXPERT. legal analysis is not required, but council will discuss along with those items that do require analysis 12 CPRB COMPLAINTS SHOULD BE PERMITTED •03-23-2021 Council requested WHETHER FILED ANONYMOUSLY OR THROUGH legal review THIRD PERSONS SO LONG AS THERE IS • 04-16-2021 CPRB requested a SUFFICIENT KNOWLEDGE OF THE UNDERLYING time estimate CIRCUMSTANCES. •04-22-2021 City Attorney said analysis on hold until state legislature acts on amendments to Iowa Code Chapter 80F 13 THE STATUTE OF LIMITATION FOR FILING A CPRB • 03-23-2021 Council approved COMPLAINT SHALL BE LENGTHENED FROM 90 •03-26-2021 City Attorney drafted DAYS AFTER THE DATE OF THE ALLEGED • 04-14-2021 CPRB approved MISCONDUCT, TO 180 DAYS AFTER THE ALLEGED • 04-22-2021 City Attorney said MISCONDUCT. recommendation will be presented COMPLETED to council on May 4, 2021 *Approved by council, and enacted pursuant to Ordinance No. 21-4857 on May 18, 2021. July 1, 2021 tr i 1' 0.4 M +a ya®al CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319)356-5000 (319) 356-5009 FAX www.lcgov.org On March 11, 2021, President Biden signed the American Rescue Plan Act (ARPA) into law. This legislation established the Coronavirus State and Local Fiscal Recovery Fund, which provides significant resources to state, local, territorial, and Tribal governments to support urgent COVID-19 response efforts, replace lost public sector revenue and restore service levels, support immediate financial stabilization for households and businesses, and address public health and economic challenges caused by the pandemic and that have disproportionately impacted certain populations. While the funds provide broad flexibility to local governments, the U.S. Treasury has released detailed guidance on how these funds can be used. A summary sheet of eligible uses is attached to this letter. You can also visit www.icgov.org/ARPA to learn more, find a link to full U.S. Treasury Guidance, and view other City resources and outreach materials. The U.S. Treasury has allocated $18.3 million to the City of Iowa City. The City received approximately half of this funding in May 2021 and anticipates receipt of the remaining balance in May 2022. All funds must be obligated by December 31, 2024. The City anticipates ongoing public input opportunities throughout the eligible use period (December 31, 2024) and will collect an initial round of public input through August 15, 2021. We encourage the community to imagine how these funds can be transformative for Iowa City. On behalf of the City of Iowa City, I would like to invite all Iowa City Boards, Commissions, and Committees to share ideas for spending these funds. Thoughts and ideas can be submitted through the following: • Online survey: https://www.surveymonkey.com/r/ICARPA • E-mail to publicinputCo),iowa-citv.org Additional virtual and in -person listening sessions are also being scheduled and details on these opportunities will be published online at icgov.org/ARPA and through other City platforms. Thank you for your consideration and all the work you do to make our community better. Sincerely, Rachel Kilburg Assistant City Manager U.S. DEPARTMENT OF THE TREASURY The American Rescue Plan will deliver $350 billion for state, local, territorial, and Tribal governments to respond to the COVID-19 emergency and bring back jobs. The Coronavirus State and Local Fiscal Recovery Funds provide a substantial infusion of resources to help turn the tide on the pandemic, address its economic fallout, and lay the foundation for a strong and equitable recovery. Funding Objectives • Support urgent COVID-19 response efforts to continue to decrease spread of the virus and bring the pandemic under control • Replace lost public sector revenue to strengthen support for vital public services and help retain jobs • Support immediate economic stabilization for households and businesses • Address systemic public health and economic challenges that have contributed to the inequal impact of the pandemic Eligible Jurisdictions & Allocations Direct Recipients • States and District of Columbia ($195.3 billion) • Counties ($65.1 billion) Metropolitan cities ($45.6 billion) • Tribal governments ($20.0 billion) • Territories ($4.5 billion) Indirect Recipients • Non -entitlement units ($19.5 billion) Support Public Health Response Po���OfI Address Negative Economic Impacts ® Fund COVID-19 mitigation efforts, medical 11 EOR Respond to economic harms to workers, families, expenses, behavioral healthcare, and certain small businesses, impacted industries, and the public health and safety staff public sector Replace Public Sector Revenue Loss Premium Pay for Essential Workers Use funds to provide government services to Offer additional support to those who have and the extent of the reduction in revenue will bear the greatest health risks because of their experienced due to the pandemic service in critical infrastructure sectors Water and Sewer Infrastructure Make necessary investments to improve access (( Broadband Infrastructure Make necessary investments to provide unserved to clean drinking water and invest in or underserved locations with new or expanded wastewater and stormwater infrastructure broadband access lQ For More Information: Please visit www.treasury.gov/SLFRP For Media Inquiries: Please contact the U.S. Treasury Press Office at (202) 622-2960 For General Inquiries; Please email SLFRP@treasury.govfor additional information U.S. DEPARTMENT OF THE TREASURY Example Uses of Funds ® Support Public Health Response • Services to contain and mitigate the spread of COVID-19, including vaccination, medical expenses, testing, contact tracing, quarantine costs, capacity enhancements, and many related activities • Behavioral healthcare services, including mental health or substance misuse treatment, crisis intervention, and related services Payroll and covered benefits for public health, healthcare, human services, and public safety staff to the extent that they work on the COVID-19 response Replace Public Sector Revenue Loss Ensure continuity of vital government services by filling budget shortfalls • Revenue loss is calculated relative to the expected trend, beginning with the last full fiscal year pre- pandemicand adjusted annuallyfor growth • Recipients may re -calculate revenue loss at multiple points during the program, supporting those entities that experience revenue loss with a lag Water & Sewer Infrastructure • Includes improvements to infrastructure, such as buildingor upgrading facilities and transmission, distribution, and storage systems • Eligible uses aligned to Environmental Protection Agencyproject categories for the Clean Water State Revolving Fund and Drinking Water State Revolving Fund g Equity -Focused Services • Additional flexibility for the hardest -hit communities and families to address health disparities, invest in housing, address educational disparities, and promote healthy childhood environments • Broadly applicable to Qualified Census Tracts, other disproportionately impacted areas, and when provided by Tribal governments 9 Address Negative Economic Impacts • Deliver assistance to workers and families, including support for unemployed workers, aid to households, and survivor's benefits for families of COVID-19 victims • Support small businesses with loans, grants, in -kind assistance, and counseling programs • Speed the recovery of impacted industries, including the tourism, travel, and hospitality sectors • Rebuild public sector capacity by rehiring staff, replenishing state unemployment insurance funds, and implementing economic relief programs A Premium Pay for Essential Workers Provide premium pay to essential workers, both directly and through grants to third -party employers Prioritize low- and moderate -income workers, who face the greatest mismatch between employment - related health risks and compensation Key sectors include healthcare, grocery and food services, education, childcare, sanitation, and transit Must be fully additive to a worker's wages � Broadband Infrastructure • Focus on households and businesses without access to broadband and those with connections that do not provide minimally acceptable speeds • Fund projects that deliver reliable service with minimum 100 Maps download / 100 Maps upload speeds unless impracticable • Complement broadband investments made through the Capital Projects Fund Ineligible Uses Changes that reduce net tax revenue must not be offset with American Rescue Plan funds Extraordinary payments into a pension fund are a prohibited use of this funding Other restrictions apply to eligible uses The examples listed in this document are non -exhaustive, do not describe all terms and conditions associated with the use of this funding, and do not describe all the restrictions on use that may apply. The U.S. Department of the Treasury provides this document, the State and Local contact channels, and other resources for informational purposes. Although efforts have been made to ensure the accuracy of the information provided, the information is subjectto change or correction. Any Coronavirus State and Local Fiscal Recovery Funds received will be subject to the terms and conditions of the agreement entered into by Treasury and the respective jurisdiction, which shall incorporate the provisions of the Interim Final Rule and/or Final Rule that implements this program. Updated 71MI COMMUNITY POLICE REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 (319)356-5043 Jerri MacConnell 320 E Washington St Iowa City, IA 52240 (C) 319-333-1096 Nellie1896(&Q mail.com Orville Townsend. Sr. Vice -Chair 713 Whiting Ave Iowa City, IA 52245-5644 (H) 319-354-5995 (C) 319-331-3482 orville.townsend@hotmail.com Amanda Nichols 2713 East Court St Iowa City, IA 52245 (C) 319-677-1153 director(5corridorcan.com Saul Mekies 2151 Abbey Lane Iowa City, IA 52246 (C) 319-887-3617 smekies0kirkwood.edu Theresa Seeberger 2418 Friendship St Iowa City, IA 52245 (C) 319-400-0119 starhawk25 aamsn.com Patrick Ford, Legal Counsel Leff Law Firm, L.L.P. 222 South Linn Street Iowa City, IA 52240-1601 (0) 319-338-7551 (C) 319-430-1549 fordalefflaw.com Term: July 1, 2019 — June 30, 2023 Term: July 1, 2020 — June 30, 2024 Term: July 1, 2020 — June 30, 2024 Term: July 1, 2021 —June 30, 2025 Term: July 1, 2021 — June 30, 2025 COMMUNITY POLICE REVIEW BOARD OFFICE CONTACTS June 2021 Date Description None July 13, 2021 Mtg Packet COMMUNITY POLICE REVIEW BOARD COMPLAINT DEADLINES ad:1:Z . �� .F7Rs��Yzra�➢� Filed: 06/04/20 Chief's report due (90 days): 09/02/20 Extension Request: 12/15/20 Extension Request: 02/01/21 Report filed: 01/28/21 Extension Request: 06/30/21 Report filed: 06,130/21 CPRB meeting #1 (Review): 02/09/21 CPRB meeting #2 (Review): 03/09/21 CPRB meeting #3 (Review): 04414/21 CPRB meeting #4 (Review): ??/??/?? CPRB meeting #5 (Review): ??/??121 CPRB meeting #6 (Review): ??/??/21 CPRB report due (90 days): 04/28/21 Extension Request: ??/??/21 CPRB report due (90 days): 09/28/21 CPRB Complaint #20-05 Filed: 08/14/20 Chief's report due (90 days): 11/12/20 Extension Request: 12/15/20 Extension Request: 02/01/21 Report filed: 01/28/21 Extension Request: 06/30/21 Report filed: 06/30/21 CPRB meeting #1 (Review): 02/09/21 CPRB meeting #2 (Review): 03/09/21 CPRB meeting #3(Review); 04/14/21 CPRB meeting #4 (Review): ??/??/21 CPRB meeting #5 (Review): ??/??/21 CPRB meeting #6 (Review): ??/??/21 CPRB report due (90 days): 04/28/21 Extension Request: ??/??/21 CPRB report due (90 days): 09/28/21 July 13, 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 meeting #5 (Review): CPRB meeting #6 (Review): CPRB meeting #7 (Review): CPRB report due (90 days): Extension Request: CPRB report due (90 days): 08/27/20 11 /25/20 12/15/20 02/01/21 01/28/21 06/30/21 06/30/21 02/09/21 03/09/21 04/14/21 05/26/21 ??/??/21 ??/??/21 ??/??/21 04/28/21 ??/??/21 09/28/21 TENTATIVE MEETING SCHEDULE August 10, 2021 September 14, 2021 October 12, 2021 November 9, 2021